Designing Software (V3)

Buyer Added text based ATC clauses Buyer Added Bid Specific Additional Terms and Conditions 1.1. Name of Work: Renewal of MIDAS Civil Architectural Design Software Annual Maintenance Subscription License for The Office of The Superintending Engineer , N.H. Planning and Design Circle, P.W(Roads) Directorate, at Block-A, 2nd Floor , Khadya Bhawan, 11A, Mirza Ghalib Street, Kolkata - 700 087. [Job No.: KIT/OW/ 177 of 26-27], Memo No.: 2464, Dtd: 09.10.2026. 1.2. Contract Details for Pre-Bid: Office of The Executive Engineer, Kolkata IT Division, PWD at Writers Building, 1 st Floor, Block-I, Kolkata, West Bengal – 700 001. Telephone: +91 98740 61827, +91 91531 55741 (between 12:00:00hr to 13:00:0 0hr of Pre-Bid Date: 12.10.2026 at 12:00:00hr). Online Representation and any others day communication through Telephonic/e mail shall not be accepted. 1.3. Actual delivery (and Installation & Commissioning (if covered in scope of supply)) is to be done at following addresses:

• a)Office of The Superintending Engineer, N.H. Planning and Design Circle, P. W(Roads) Directorate, at Block-A, 2nd Floor, Khadya Bhawan, 11A, Mirza Gh alib Street, Kolkata - 700 087.
• b)Office of the Executive Engineer, Kolkata IT Division, PWD, at Writers Buildi ng, 1st Floor, Block-I, Kolkata - 700 001. 1.4. Clarification regarding this tender (i.e. “Specification, Make, ATC or any oth ers”), has to be done before the bid end date by email or physical letter. In cas e of physical letter which has to reach this office (Office of The Executive Engine er, Kolkata IT Division, PWD at Writers Building, 1st Floor, Block-I, Kolkata, West Bengal – 700 001) before any working day “End of the Bid Submission” date upt o 17:00:00hr. Also, the bidder can make Online Representation through GeM Por tal in that case bidder has to attend the Prebid Meeting. 1.5. Tender procurement process and awarding of the work-order governed by th e West Bengal Government Finance Department Norms and PWD West Bengal T ender Norms. All the relevant documents are available in the West Bengal Government Financ e Department and PWD websites. 1.6. Awarding the work-order will be done as per contract clauses in GEM & WBF 2911/WBF 2908. For WBF 2911/WBF 2908 agreement Fees will be applicable as per WB Govt. norms separately. 1.7. Bidder's offer is liable to be rejected without any explanation if they don't u pload any of the certificates / documents sought in the Bid document, ATC and C orrigendum if any. Clarification Mode for Bid Rejection by any Bidder/OEM has to be through GEM p ortal only. Telephonic/email communication shall not be accepted for Bid Rejecti on Clarification. Online Representation through GeM Portal of any Bidder's will be rejected witho ut any explanation if the concern bidder doesn’t participated in the stipulated P reBid Meeting. 1.8. The buyer organization is an institution eligible as per Notification No. 03/20 22-Union Territory Tax (Rate), Dtd: July 13, 2022, of Government of India, Minist ry of Finance, Department of Revenue as notified by the Government of India an d Notification No.: 4691 - FY), Dated: 22 November, 2022 of Additional Chief Sec retary to the Government of West Bengal. The goods for which bids have been i nvited fall under same GST Amendments/Gazette. The Gazette notification to thi s effect will be issued by Buyer to the Seller after award of the Contract. Sellers are requested to submit their bids after accounting for the GST rate mentioned i n the GST Amendments/Gazette (which is given below). Applicable rate of GST (for all BOQ Items): 18% Notification No. and date: “Notification No.: 03/2022-Union Territory Tax (Rate), Dtd: July 13, 2022” and “Notification No.: 4691 - FY), Dtd: November 22, 2022” 1.9. Bidders are advised to check applicable GST on their own before quoting. Bu yer will not take any responsibility in this regard if any GST miss match. Accept ance of bill and GST reimbursement will be applicable as per Notification No. 03/ 2022-Union Territory Tax (Rate), Dtd: July 13, 2022, and “Notification No.: 4691 - FY), Dtd: November 22, 2022” rates. 1.10. OEM must submit following documents along with bid documents:
• a)BIS, CE, FCC, FCC Part 15 Class A, RCM, VCCI, UL/cUI, CB & ROHS, if appl icable.
• b)OEM Data Sheet.
• c)Tender specific authorization letter (MAF) to be submitted along with bi d for all items.
• d)Manufacturers Authorization Form (MAF)/Certificate with OEM Authorize d Signatory details such as name, designation, address, e-mail Id (official) and Phone No. (official) required to be furnished along with the bid.
• e)OEM End of Life (EOL) and End of Support Declaration.
• f)OEM Availability Certificate of Hardware Spare Parts including consuma ble for quoted product.
• g)OEM Malicious Code Certificate.
• h)OEM should have ISO 9001:2015, ISO 14001:2015, ISO 27000:2018, ISO 45001:2018 and other relevant certificate.
• i)As per GEM GTC, OEM Declaration of 3 (Three) years onsite (actual Inst allation location) comprehensive OEM warranty with parts and service, ex cept in the event of force majeure for all supplied items and accessories fr om OEM. Including Additional Accessories if any added in the additional s pecification.
• j)Compliance of BoQ specification with Make, Model and supporting docu ment from OEM.
• k)OEM should have Manufacturing experience of Bided Item with Indian re gistration and operational since last 10 (ten) years. Supporting Certificat e of Incorporation should be submitted along with online tender submissi on.
• l)Escalation Matrix for Service Support for OEM.
• m)OEM should have an advance hardware replacement policy in India for t he quoted product.
• n)Compliance of BoQ specification with Make, Model which need to signed and stamped by OEM only.
• o)Declaration of Material Stock Availability and Conformation of Delivery within the stipulated time given in BID from OEM only.
• p)Audited balance Sheet & Profit & Loss Account for consecutive 03 years within last 04 financial year (with auditor signature in each page and me mbership no.).
• q)For any replacement items in the period of AMC, Material Authenticatio n Letter must be produced to the authority from OEM only, with bid submi ssion and before installation.
• r)Deceleration of ATC 1.41 (a & b).
• s)All certificate has to be in English language. 1.11. Bidder must submit following documents along with bid documents:
• a)Availability of Registered Office and Service Centres: Bidder must have a Functional Registered Office and Service Centre in the State of each Co nsignee's Locations in case of service, support, carry-in warranty, etc. thr oughout warranty period. Bidders need to submit the proper supporting D ocuments. As an Engineer Visit Service and Support required for Hardwar e and software breakdown/fault finding within 05(five) working hours on t he same day.
• b)Declaration by bidders for “Service and Support for Hardware and softw are breakdown/fault finding within 05(five) working hours on the same da y” on any working days and including special ca.
• c)Bidder needs to furnish valid latest Trade License, Income Tax Return f or last 03(three) years, Professional Tax Clearance Certificate, PAN Card, GST Registration Certificate.
• d)The Bidder must have at least ISO 9001:2015 Certification. Copy of the Certificate needs to be submitted.
• e)Compliance of BoQ specification with Make, Model which need to signe d and stamped by OEM only.
• f)Confirmation of Bid Specific ATC with supporting Documents, & ATC.
• g)Declaration of Material Stock Availability and Conformation of Delivery within the stipulated time given in BID from bidder.
• h)Escalation Matrix for Service Support for Bidder.
• i)Audited balance Sheet & Profit & Loss Account for consecutive 03 (thre
• e)years within last 04 (four) financial years (with auditor signature in eac h page and membership no.).
• j)Installation Deceleration, etc.
• k)Deceleration of ATC 1.41 (b & c).
• l)All certificate has to be in English language.
• m)Tender specific authorization letter (MAF) from each OEM to be submitte d along with bid for all items. Else bidder participation will be rejected dir ectly without any explanation. 1.12. Earnest Money Deposit Rupees @2% of the Quoted amount is to be deposite d in the form of Bank Draft from any scheduled bank, (drawn in favor of “Execut ive Engineer, PWD, Kolkata IT Division”) payable at Kolkata and a photocopy Ba nk Draft need to be upload at the submission of BID as documents attachment a s per PWD Norms and WBF 2911/ WBF 2908.
• a.The original Bank Draft of bidder (with forwarding letter) need to sub mit before any working day “End of the Bid Submission” date upto 17:0 0:00hr to the Office of The Executive Engineer, Kolkata IT Division, PWD at Writers Building, 1st Floor, Block-III, Kolkata, West Bengal – 700 001.
• b.Bidder participation will be rejected if the original Bank Draft has not reach within the given stipulated time mentioned.
• c.After declaration of L1 bidder and generating GeM contract/order agr eement, All, others bidder DD will be released as per Govt. Norms (PWD ).
• d.After completion of the work, L1 bidder can claim the same as per Gov
• t.Norms (PWD).
• e.Without EMD submission documents bid will be rejected without any explanation.
• f.EMD exemption is not applicable for any category bidder. 1.13. Warranty / Guarantee / AMC: Warranty/AMC period of the supplied products s hall be 03 (Three) years from the date of final acceptance of goods or after com pletion of installation, commissioning & testing of goods at consignee location.
• a)All equipment and materials shall be new and in accordance with the C ontract Documents, shall be free from any defect due to faulty design, ma terials and / or workmanship.
• b)All works shall be in accordance with the contract documents and free f rom any defect and omission.
• c)The Project on entirety have 03 (Three) years onsite (actual Installation location) comprehensive OEM warranty/AMC with parts and service, excep t in the event of force majeure from the Go-Live date.
• d)For any Supply or Service item, if not otherwise mentioned, warranty/A MC will be thirty-six (36) months from the date of commissioning or forty- two (42) months from the date of supply whichever is earlier. 1.14. Scope of Support to be covered by the Bidder in Active Warranty/AMC/Subscription Period:
• a.Installation or Re-Installation of Hardware/Software at client machin es in case machine format or any other technical discrepancy.
• b.Technical support must be provided either by engineer visit at site o r electronic methods via remote desktop sharing by whichever metho d is suited the concern PWD authority.
• c.The responsibility of documents file, data, misplaced or stolen at re mote desktop sharing mode bidder will be solely responsible.
• d.Levels of Support Escalation: 1st Level (Engineer Visit) for Hardware within 05(Five) working hours on the same day.
• e.Bidders must provide the latest patch or version upgrade release by OEM under Active Subscription by OEMs and new release patches & u pdates must be notified through mail directly from OEMs and Bidder.
• f.Bidder must give support on third party software’s (including OS & other Windows Applications) if any malfunction happened due to OEM s Hardware/Software’s under the contract.
• g.If technical issues are resolved over online support, then Engineer Vi sit is not required. If not resolved, then Application Engineer will visit at the earliest from time of call reported (On working days and Holida ys (special case)).
• h.For any malfunctioning related to fatal error / command support of t he Hardware/Software, bidders must log a support call with OEMs Cus tomer Support Team. 1.15. Scope of Support to be covered by OEMs under Active Warranty/AMC/Subscri ption Contract:
• a.Current & Future Software Upgrades.
• b.Levels of Support Escalation: 1st Level (Phone Support); 2nd Level (vi a Remote Desktop); 3rd Level (Engineer Visit) for Hardware/Software.
• c.Flexible Licensing Privileges including. Previous Version usage rights. Extra Territorial Rights / Global Travel Rights (Using Licenses outside c ountry of Purchase by License Borrowing). Home Use Rights (after office hours)
• d.Web based Support. Installation / Configuration. Application related. Data readability.
• e.Subscription Center access & tools if any Download / Order Upgrade that is a part of subscription. Accessing Cloud Applications including Rendering, Structural Analysis, etc. Cloud storage if any per user OEMs License Software User Managemen

t.

• f.OMEs Beta Program Pre-qualification.
• g.Subscriber-only tools, events, and promotions. 1.16. The PWD, Govt. of West Bengal reserves the right to assess the capacity and capability of the bidder, should the circumstances warrant such assessments in an overall interest of the owner. 1.17. Delivery is required on ‘As and when required basis’s within 7 (seven) days o f issue of delivery advice, a Declaration from bidder required. .

Buyer uploaded ATC document Click here to view the file.