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10. Essentially the cloud contract envisages following functions to be performed under the contract:-

"A. Compute Services, Storage - Attached with VMs/VDIs, Data Transfer/ Data Out charges, Database & Analytics, Security/Other Component B. Storage - Blob/Object/Hot/Archive for E&P Class of Data and CDN Services C. Support Services D. Migration One time"

11. Services included in Clauses 'A' & 'B' broadly consists of compute services and storage. These services are to be provided by CSP. Remaining part of the cloud contract included in Clauses 'C' & 'D' consists of support services and migration of existing data to be performed by MSP on the propriety software of CSP.

To seek conferment of benefits under the MSE Order, an eligible MSE bidder must prove that all the goods being produced, and the services being rendered are being produced and rendered by the MSE itself. Respondent No. 3 is not the originator of the goods supplied under the RFP;
The basic requirement of the tender floated by the Respondent No. 2 is the availability of a cloud storage and compute solution which is provided by a handful of companies such as Google, Microsoft and Amazon. It is categorically stated that the Respondent No. 3 (or the Petitioner for that matter) does not have the infrastructure to develop cloud solutions in the manner as provided by the companies above-named;
It is also admitted by the Respondent No. 2 and 3 that the cloud infrastructure is supplied by a Cloud Service Provider (CSP). Therefore, it is very clear from the very nature of the tender and the bids submitted that the originator of the cloud storage and compute infrastructure is the CSP and not the Petitioner or the Respondent No. 3. Therefore, the Respondent No. 3 is ineligible to receive benefits under the MSE Order as it is not the producer of the cloud storage infrastructure, rather it is the CSP that is the producer of the said infrastructure;

83. Learned counsel for the parties otherwise acknowledge at the bar that providing of cloud compute services as well as storage of data etc. are highly skilled services which are currently limited to few multinational corporations like Amazon Web Services, Microsoft, Google etc. On behalf of the two bidders i.e. petitioner and the third respondent the cloud services are to be provided either by Amazon Web Services or by M/s Microsoft International as CSP. The MSP i.e. the petitioner or third respondent do not have the technical wherewithal to provide cloud compute services or storage etc. which is the dominant part of the contract. Their role in the cloud contract is limited to providing of support services and migrating data on the proprietary software of CSP.