request for proposal [rfp] for procurement of software ... · rfp clause no existing clause details...

S. NoRFP Ref

Page noRFP Clause no Existing clause Details Clarification Sought Bank's Response

1 8 DOCUMENT

CONTROL SHEET

4. Last Date & Time for Bid submission. 01st -June-

2020 up to 16:30 hours

Please provide extension of submission of date of the RFP to

12th June 2020. Please suggest if we can send do online

submission of the proposals rather than physical submission,

which is bit challenging in the current lockdown situations?

It is hereby informed that extension of

submission date is not possible.

2 8 DOCUMENT

CONTROL SHEET

8. Bid fee The bid fee being non refundable should be revised to

RS10000/- which is based on standard practice. Please revise

this from mentioned RS 30,000 considering the current

scenario.

It is hereby informed that the Bid fee cannot be

revised.

3 8 DOCUMENT

CONTROL SHEET

9. EMD EMD of INR 30,00,000 is very high.Please revise this to INR

10,00,000 so that all bidders can afford under the current

situation.

It is hereby informed that the EMD amount

cannot be revised.

4 8 DOCUMENT

CONTROL SHEET

Performance Bank Guarantee The PBG requirements are not clear as it is mentioned in may

forms. Normal standards of PBG is limited to 10% of the bid

value and nothing more. Can you revise the norms mentioned in

the RFP to single PBG of 10% of the PO/Contract value? Also

clarify the retention amount and the clause mentioned in liue of

the PBG. This requires omission.

It is hereby informed that the PBG amount

cannot be revised.

5 11 5.1. General vi. Support maintenance activities like day end,

month end, quarter ends, and year ends, uploads,

downloads, trouble shooting, problem resolution,

servicing and maintenance etc.

“day end, month end, quarter ends, and year ends, uploads,

downloads, trouble shooting,” will be part of L1 onsite helpdesk

job profile. Hope one onsite engineer can suffice this

requirement post production and the cost for this service be

included in the support cost? Please clarify.

It can be onsite or offsite dedicated support, the

cost to be inbuilt in TCO, no separate cost will

be reimbursed for this.

6 11 5.1. General vii. If the supplied software version is declared ‘End

of Support’ by the OEM/Bidder, new version with

all the existing customizations should be

implemented by the Bidder with no extra cost to the

Bank.

End of support will be the end of contract period of 7 years for

the version implemented. Any form of support extension post

this period will be at revised cost. Please clarify?

Post end of contract period of 7 years, the Bank

will have the right to continue with the exisitng

version with AMC and without any upgrade as

it will be a perpetual license.

7 11 5.1. General ix. Bidder has to supply, install and configure all

the required software etc. for the successful

implementation of the proposed solution at both DC

& DR sites at CBD Belapur and Chennai

respectively, of the Bank and renewal thereafter on

mutual agreement from time to time.

Does this mean all required software like, application server

(web sphere / jboss / web logic) / oracle software or any third-

party software to be supply /installation / configuration done by

CMS supplier /bidder. Are environment software part of the

scope? Hope the scope to this project is limited to

implementation of CMS application software?

Normally Hardware, Database and OS will be

provided by bank. Any other third party

software/ utility required for running the

software solution, with all required licenses

should be provided by the Bidder.

If bidder is unable to provide any other

software/utility required for running the solution

, bidder should provide the cost break-up of

each software and can recommend the vendor

of their choice

Bank's Response to the Pre Bid Queries, Pre Bid Meeting dated 18.05.2020

REQUEST FOR PROPOSAL [RFP] FOR

Procurement of Software Solution for Cash Management Services (CMS)

(REF No: IDBI/ITD/RFP/2020-21/006 Dated 11th –May-2020)

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8 11 5.1. General x. Creating and managing environments for

Integration testing and UAT (User Acceptance

Testing).

We provide one-time training for application deployment and

all creation and managing of each environment is bank's

responsibility. Please clarify for Creating & Managing

requirement.

The clause refers to creation of UAT

environment for user testing, not training.

9 11 5.1. General

xii. The Bidder shall be responsible for Supply,

Installation, Integration, Rollout, Operational

configuration, failover testing and Maintenance of

Software Solution for CMSes in the Bank.

Please provide more detail for this requirement. It is self explanatory

10 11 5.1. General xi. Provide specific tools and utilities required for

implementation of Software Solution for CMS in

production, development and test environment

without any extra cost to Bank.

Kindly elaborate on the expectation on the tools. Please provide

more detail for tools and utilities required.

If your solution requires any specific tools or

utilities for implementation, then the

responsibility of providing such tools and

utilities lies with you.

11 11 5.1. General xix. The proposed solution shall also be compatible

with Finacle version 10x and above.

Kindly share the exact version of finacle implemented in the

bank and the year of implementation

The Finacle 10x version implemented in 2020

12 12 5.1. General xviii. Bidder will configure the server and software

to enable integration with the Bank’s existing

application / interface / middleware / third party

software and any other interface/application in

future, e.g. Bank’s existing applications such as

Finacle, SFMS for NEFT/RTGS, IMPS, UPI,

Virtual Accounts, FRMS, Rapid Pay, B- DEM etc.

What does bank understand by server configuration? Kindly

elaborate.

Ideally the configuration and maintenance to the server and

third party server like web server, database server or database,

middle ware etc. are being configured by the bank's IT team.

The CMS vendor will be responsible for implementing and

configuring only cash management solution at the bank.

Bidder has to integrate with the Bank’s existing



future

13 12 5.1. General xxi. The Bidder should be responsible for resolving

any compatibility issues with existing hardware &

software infrastructure during deployment and

maintenance of the Solution.

Ideally the configuration and maintenance to the hardware

servers and third party server like web server, database server or

database, middle ware etc. are being configured by the bank's

IT team. The vendor will be responsible for implementing and

configuring only cash management solution at the bank. Please

clarify?

Bidder shuould be responsible for resolving any

compatibility issues with existing hardware &

software infrastructure during deployment and

maintenance of the Solution.

14 12 5.1. General The Bidder shall be responsible for data migration

from existing system of the Bank to the new system

in a seamless way and also the reconciliation of data

tables including General Ledgers while migration

from existing CMS system of the Bank to the new

CMS system.

Please provide clarification for the below mentioned

information

1) Kindly share the data size of the migration data and also

please confirm the scope of migration that whether customer

data is to be migrated or the customer plus transaction data

2)Please provide details for which all module data to be

migrated? What is the existing data size per module? 3)What is

the existing archival data size ?

Data size of the migration data would be shared

with the successful Bidder post finalization of

migration approach with the business team.

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15 12 5.1. General xxvi. The Bidder shall be responsible for migration

of all existing reports, standard as well as

customized of existing clients.

Please share the number of reports and what is the data size? Details will be shared with the successful bidder

16 13 5.1. General xxxi. The Bidder shall be responsible for all

patches/updates required in the offered solution for

smooth installation of solution without any extra

cost to the Bank. All patch update and patch

management of Solution modules has to be

deployed by the selected Bidder after obtaining

approval from the Bank.

Hope this is limited to the CMS solution only and during the

execution of the project? What is the approval mechanism ?

Please elaborate.

Yes, only related to CMS Solution. Approval

here means without referring to the Bank, the

patch update should be a suo moto implemented

by the provider.

17 13 5.1. General xxxii. Bidder has to install / re-install, configure / re-

configure the supplied software (including, third

party software) in the servers (physical / virtual)

and support the same during warranty and AMC

period without any extra cost to the Bank.

Please clarify which all third-party software requirement as the

scope of this project is limited to CMS software implementation

and support by the bidder.










of their choice

18 13 5.1. General xxxiii. Bidder must maintain and support the

interfaces, software and other infrastructure at Data

Centre & Disaster Recovery Centre and DR (if any)

as proposed and provided as a part of this project.

Please clarify or provide more details for “maintain”

requirement. Please clarify as the scope is not clear





configuring only cash management solution at the bank





should be provided by the Bidder and their

maintainance to be handled by the bidder

19 13 5.1. General xxxv. Bidder must provide required support during

periodic VAPT (External & Internal), IS Audit,

Security Audit, various compliances specially

government and regulatory, cyber related, etc., to

the Bank. Also rectification of deficiencies pointed

out during IS Audit should be done at no additional

cost to the Bank.

Kindly share the list of external/internal security guidelines

which the vendor is required to be compliant with.

The list of external/internal security guidelines

can be shared upon selection as successful

bidder.

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20 13 5.1. General xxxix. Bidder is required to set up DR without any

extra cost to the Bank. Presently Bank is having tie-

up with IBM for Sanobi Software for conduction

DR Drill automatically, the application software

shall be compatible for handling DR drill

automatically with above software or any other

software.

DR set up is genrally done by the bank team as we being the

CMS vendor will deploy the application in UAT and post

testing bank will move this into production and DR with our

support. Please clarify the scope and understanding here.

Bidder has to deploy the application software in

UAT environment and DC & DR Live

environment.

21 13 5.1. General xl. Escrow arrangement for applications needs to be

maintained. An escrow agreement is a tripartite

arrangement between the Bank, Software vendor

and the escrow agent. By this arrangement, the

source code of application is kept with escrow

agent, which can be made available to the Bank in

the event the vendor goes out of business. The

Successful Bidder is required to execute documents

/agreements in this regard as prescribed by Bank

from time to time.

Please clarify who will choose the Escrow aganet and who will

bear the cost of escrow placement and annual updates?

Escrow agent will be selected by the Bank, the

cost of which shall be borne by the Bidder.

22 13 5.1. General xlii. Bidder shall be responsible for addressing

VAPT & APPSEC issues during the contract

period. All the necessary patches related to OS,

Database and application etc for addressing the

VAPT & APPSEC issues should be installed by the

Bidder. Details are mentioned under section:

Maintenance and Support

This will not fall into our scope being a CMS vendor as

environment software is out of scope to this project for the

bidder. Please clarify?

VAPT and APPSEC of CMS Software will fall

under scope of CMS Vendor

23 13 5.1. General xlix. Further, the Bidder should ensure of updating

software / application or updating patches whenever

it is released at no extra cost during

warranty/Support/maintenance contract period.

Hope this is limited to the CMS solution only? Please clarify. Yes, the understanding is correct.

24 13 5.1. General

l. The Vendor/Bidder shall ensure that the

stipulated Support and maintenance facilities on

the hardware/ software will be available for a

minimum period of 7 years. The vendor will

constantly update Purchaser/IDBI Bank Ltd. on

new technologies that could prove cost effective.

Please clarify the scope of support here as the bidder is not

supposed to deliver and maintain Hardware and environment

software other than the CMS platform?

The bidder is expected to update IDBI Bank Ltd

on new technologies that could prove cost

effective during the contract period.

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25 14 5.1. General xlviii. Bidder should carry out preventive and

corrective maintenance activities to ensure that all

Hardware / Software/System perform without

defect or interruption for ensuring availability of

systems.

Please clarify the scope of support here as the bidder is not

supposed to deliver and maintain Hardware and environment

software other than the CMS platform?

Yes, the understanding is correct.

26 15 5.3. Data Migration Data Migration : The Bidder will be responsible for

uploading the data entered by the Bank through the

manual data entry screens, programs/ applications.

Manual data collection is not in scope but in case of

data gaps, the vendor may be required to create data

capture tools

Is the bank expecting that manual data entry will be done by

vendor ? Please provide more detail. The data migration scope

and approach recommended is not clear.

In case the bidder is not able to migrate the data

with data capture tools, it is expected that the

migration will be completed with data entry

facilitated by the bidder to complete the

migration.

27 17 5.6. Technical

Inspection and

Performance

Evaluation

iv. The Bid is being issued to the Bidders whose

role as tender respondent is reiterated below:

a. The Bidder is expected to propose solutions

which are integrated. b. Hardware proposed should

be sized properly and sizing should be certified by

the application OEM. Hardware for the application

including OS and Database (SQL and Oracle) only

will be provided by Bank. Any other software need

shall also be provided by Bidder. All related OEM’s

support for database need to be provided by the

Bidder.

Please reclarify the deliverables from the bidder who is a CMS

vendor. Hope only Cash management solution is in scope and

bank will provide Hardware & environment software for the

installation? We as a bidder only need to provide the right

sizing and configuration of the hardware + environment

software ( DB+ MW and any storage etc)



Inspection and

Performance

Evaluation

v. The solution proposed by the Bidder should be

able to migrate to the newer version of Operating

Systems/Data Base Systems/Browsers without any

extra cost to the Bank.

We understand that the newer version upgrade will be to the

same operating system/data base/middleware. Please confirm.


29 18 5.7. System

Commissioning &

Deliverables

iv. Any gaps identified during product

demonstration, functional requirements

specifications study, system testing, user acceptance

testing, business process reengineering and pilot

implementation should be included by the Bidder as

implementation efforts. Bank will not pay the

Bidder any additional charges for all such

customizations. Bidder shall take up all such

amendments as required by the Bank on a priority

basis as decided by the Bank.

Scope Sign off gap document or Gap sign off document will be

considered as a final copy for the scope and any changes for

references during the project and after go live. Anything beyond

this has to go though change control board and additional

budget approvals. Kindly confirm this standard process

followed by all banks.

Any gaps identified during the project

implementation should be included by the

Bidder as implementation efforts. Bank will not

pay the Bidder any additional charges for all

such customizations.

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30 23 5.14. General Terms iii. The Bidder should quote AMC separately as per

Commercial Bid format; the AMC shall be quoted

as percentage of Software Cost and not in absolute

terms. In case of decline in quotation after reverse

auction, the AMC amount shall also be revised as

percentage of revised quote.

Is the bank going to conduct an reverse auction, however apart

from the mentioned clause nowhere the bank has mentioned

about the reverse auction to be conducted in the RFP. Kindly

confirm. How do we price for the onsite resource in the AMC if

it has to be only proposed in %?

No, reverse auction is not proposed, however as

per clause Viii of Commercial Bid format, Bank

reserves the right to negotiate the Total Cost of

CMS Solution , with the finally successful

Bidder before awarding the contract.

31 23 5.15. Hardware

Requirements

All the Hardware, OS and database will be

provided by Bank. The configuration should specify

OS and Database with version numbers. Any other

software/utility required for running the Solution,

with all required licenses should be provided by

Bidder.

Our understanding is bank will provide all third-party hardware

for all environments including third party certificates etc. Please

clarify all hardware and third-party software related licenses.










of their choice

32 24 6.4. Penalty amount

will be charged as

defined as below, if

Bidder fails to meet the

SLA as mentioned

below :

We would like propose our SLA's which are being followed by

our other PSU clients in India.

Refer sheet 2 for the same. The proposed SLAs by the bank is

not practcially feasible. Kinldy revist in this in the amendment.

The SLAs are common for all bidders and are

non negotiable

33 28 11. WARRANTY &

AMC

11.2. During the contract period if OEM of OS/DB

solution announces regarding the End of Support,

the successful Bidder will migrate the solution to

the newer version of OS/DB without additional cost

to the Bank. All updates and upgrades of OS & DB

have to be done by the selected Bidder without any

extra cost to the Bank during contract period.

However, licenses will be provided by the Bank.





configuring only cash management solution at the bank . Please

clarify the scope as we as a bidder are not the supplier for bank's

OS & DB to provide any support for upgrades. This is highly

conflicting and needs clarification.


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34 28 11. WARRANTY &

AMC

11.5. Post warranty period, Bank may enter into

AMC/ATS support with successful vendor/OEM

for next 10 years and Bank will issue Purchase

Order on every year based on satisfactory

performance of the vendor in previous year. Post

warranty, the application will be covered under the

AMC / ATS by the OEM. The Bidder should

ensure, as part of AMC / ATS that the OEM to

provide following service(s):

a. OEM has to maintain the source code and

provide bug fixes for the defects / bugs noticed in

the application without any additional cost.

b. Round the Clock support on 24x7x365 basis for

bug fixes, any other technical support.

We assume the contract period including warranty and AMC is

of 7 years and not 10 years, kindly confirm. Round the Clock

support on 24x7x365 basis for bug fixes, any other technical

support - why do bank insist 24x7 support as this is a corporate

banking application and the support window should be during

bank's business hours and days. Please clarify?

AMC period will be equal to Contract period

i.e. 7 years, unless extended on mutually

accpeted terms. Round the clock support is

required in view of recent RBI guidelines of

24*7 NEFT Transactions proceessing.

35 36 5. BID FORM: 5.1. ENVELOPE-I (Technical Bid): The Technical

Bid super-scribed as “Technical Bid for RFP for

Procurement of Software Solution for Cash

Management Services (CMS) ” should be sealed

and complete in all respects and contain all

information asked for, except prices. The

documents mentioned in Annexure -18 have to be

submitted by Bidders in the Technical Bid.

5.2. ENVELOPE-II (Commercial Bid): The

Commercial Bid super-scribed as“Commercial Bid

for RFP for Procurement of Software Solution for

Cash Management Services (CMS)” should be

sealed and submitted in the specified format

provided in the RFP / Bid Document and should not

contradict the Technical Bid in any manner. The

prices quoted in the Commercial Bid should be

without any conditions.

5.3. Both the envelopes must be put together in a

single cover / envelope super-scribed with the

following information:

• Type of bid (Technical or Commercial)

• REF No: IDBI/ITD/RFP/2020-21/006 dt. 11-

May-2020

• Last date of submission: XX XXXX, 2020 XX:

XX Hrs.

• Name of Bidder

In the current covid-19 situation and the lockdown in the state

can we submit the proposal document online with protected

password for the financial bid?

Online submission is not possible, the bid is

required to be submitted as specified in the Bid

Document.

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36 49 11. PAYMENT

TERMS

The Payment terms given by the bank are unfavorable and

cannot be complied .

We will propose our own payment terms as under. Kindly

revisit the terms as to maintain project discipline there should be

payments on contract sign off/post gaps sign off/post delivery of

the softwarw/post UAT sign off and go live..

License:-

01.On signing the contract 40%

02.On delivery, configuration and successful installation of at

least 2 modules i.e. Payments and collections/DIR module:40%

03.On implementation of at least 2 modules i.e. Payments and

collections/ DIR module :15%

04. On implementation of balance modules: 5%

Implementation and other costs:-

1. On delivery, configuration and successful installation of

Payments module: 20 %

2. On UAT and testing of Payments module: 10 %

3. On delivery, configuration and successful installation of

Collections module: 20 %

4. On UAT and testing of Collections Module 10 %

3. On delivery, configuration and successful installation of all

other modules: 20 %

4. On UAT and testing of all other modules 10%

5. On go live of all modules 10 %

The payment terms are common for all bidders

and non negotiable.

37 50 11. PAYMENT

TERMS

11.12. Bidder has to submit the performance

security (in the manner and form as provided in the

RFP) for 10% of total contract value upfront at the

time of signing of the contract.

Is this apart from the 15% bank guarantee mentioned? Why is

bank taking 25% as PBG in total. This is very and not

acceptable. Please amend/remove this clause to standard

practice and limit to max of 10%.

PBG is for 18 months i.e. 6 months

implementation period and 1 year claim period

thereafter. Security shall remain with the bank

till end of contract, It is not 10% of contract

value, it is 5% of the Total cost of CMS

solution as defined in part ‘A’ of the

commercial bid i.e. the PO amount

38 9 10 Security Deposit why is this required apart from BG? Please remove this as it is

not viable for vendors to provide such huge amounts as security

deposit for no reasons.

The term is non negotiable

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39 10 5.1 ii Scope of Work- General How many interfaces are contemplated here?

Further, we understand the maintenance of interface will be

charged which will be included in AMC.

Therefore we would request to omit the word 'maintain' from

here

Mainteance will be part of AMC, it cannot be

removed.

40 11 5.1 v Scope of Work- General Please help us to understand what is covered in version

migration?

Further, we understand that during the warranty period these

will be provided without any cost however, after warranty

period these will be cored in respective AMC agreement for

which separate AMC fees will be charged.

If bank decides to upgrage the hardware, OS,

environment software, oracle DB to higher

version, then bidder has to provide the support

at no extra cost.

41 11 5.1 vii Scope of Work- General The industry may change and we may have to upgrade the

software accordingly. Therefore, in case of end of support and

in case of implementation of new version implementation and

other fees can be agreed mutually.

During the Contract period, software upgrade

should be free of cost

42 12 5.1 xxii Scope of Work- General Bidder and the Bank would already have agreed on the

implementation aspects and commercials for the version in

implementation. Therefore, upgration to new version without

any commercial impact does not seem feasible.



43 13 5.1 xxxix Scope of Work- General The solution will be implemented at the Bank's premises.

Therefore, the Bank will have to set the DR. however, the

Bidder will be happy to assist in the same

Bidder has to deploy the application software in

UAT and DC & DR live environments

44 14 5.1 xliv Scope of Work- General Please help us to understand the duration of this on-site support Duration cannot be decided upfront.

45 16 5.4 l Interfaces this clause is wide and open. The term enhancement/

modification comprise of multiple activities and the scope of

such modifications and enhancement will vary depending upon

the requirement and criticality of such enhancement or

modification. Therefore, the time period of 5 days may not be

sufficient for some modifications. Therefore we would request

to revisit this clause at the time of finalization of contract.

This enhancement/ modifications referred to in

this clause are specific to interfaces.

46 17 6 Implementation Please help us to understand the tentative number of

corporates/customers and volumes

The tentative number of Corporate Client codes

are 10000 at present, a CAGR of 40% may be

taken for forecasting the future customer base.

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47 18 5.7 iii System Commissioning & Deliverables Source for the customized solution will be developed on the

proprietary product of supplier or third parties. Therefore such

source code will be the property of supplier or respective third

party. We request to finalize this clause at the time of

contracting.

The Bidder should either provide the source

code itself with necessary documentation or

arrange to keep it under escrow arrangement.

48 21 5.13 Software Licenses Upgradation of software may require carrying out of the entire

implementation and other activities. Therefore, upgradation can

be done at the mutually agreed commercials. We would request

to finalize this clause at the time of contracting.



49 24 6.2 Upgrades and Updates The bidder will be happy to provide the updates in AMC

without any additional costs however, as per industry practice

upgrades can be provided at mutually agreed commercials. We

would request to finalize this clause at the time of contracting.

This clause is referring to upgrades and

uppdates, not AMC. AMC amount to be quoted

in the commercial bid which will be part of

TCO

50 23-24 6.4 Penalty amount We would request that the penalty to be levied only in cases

where the bidder fails to resolve for the reasons solely

attributable to bidder since resolution of defect may depend on

resolution of pre dependencies by the Bank. Further we would

request to have a cap i.e. maximum cumulative penalty which

can be charged under this. We propose to have cap of 1% of

AMC amount. Please issue amendment to this regard.

This is standard clause of the Bank for any

procurement and no changes, including capping

of the same, shall be allowed. Hence, this clause

is non negotiable

51 25 6.5 a) Penalty for non- implementation of product features

by committed time:

We would request to have a reduced amount of penalty of 1%.

This clause needs amendment..


procurement and no changes shall be allowed.

Hence, this clause is non negotiable

52 25 6.5 b) Timeline and Penalty for delay in project

implementation:

We would request to have a reduced amount of penalty of 1%.

This clause needs amendment..




53 25 6.5 b) iii) Timeline and Penalty for delay in project

implementation:

Since the penalty provisions are already mentioned and the

Bank in addition to that also has the right to seek damages in

addition to termination of contract, we are not agreeable for the

refund of the fees and interest. Therefore we request to omit this

clause.




54 26 6.5 d) Penalty for delay migration / migration not to the

satisfaction of the Bank.

We would request to omit this clause since multiple penalties

have already been mentioned above which are in addition to the

remedy of damages available. Further, the term 'to the

satisfaction of the Bank' is wide and open ended term. We

would request these open ended terms in the entire contract/

RFP document.




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55 28- 29 11 WARRANTY & AMC please help us to understand what is expected in upgrade of

OS/DB

Bidder has to provide necessary support for

upgrade of OS or Database without any extra

cost during the contract period and bidder has to

certify that upgraded OS and Databse is

compatible with the application software

56 39-40 12 Bid Security/ EMD We would request that the EMD forfeiture events to be finalized

at the contracting stage.

EMD forfeiture may be prior to the execution of

contract in the even occurrence of terms

mentioned in the RFP. Further, RFP is public

document no further change shall be allowed in

future i.e. once successful bidder finalized and

contract documents are to be executed so as to

avoid any Vigilance Angle on such negotiations.

57 40-41 13 Performance Bank Guarantee We would request to finalize this clause at the time of

contracting stage.

The bidder required to provide PBG as per the

terms of RFP and all the prospective bidder

shall know the same at the time of bidder.

Negotiation with successful bidder for the

amount of PBG shall not possible as this is a

Public RFP.

58 46 3 Conditions Precedent We would request to finalize this clause at the time of

contracting stage.

Since this is a Public RFP, no further change

shall be allowed in future.

59 47 7 Indemnity For the claims arising out of contract, remedy of damages is

already available with the Bank. Therefore, we would suggest

to limit the indemnity to the third party claims of IPR

infringement. We would suggest to finalize this clause at the

time of contracting stage.

Indemnity clause is standardized clause for the

Bank and non negotiable. Further, negotiation

of clause at the contracting stage shall not be

possible as negotiation with successful bidder

attracts Vigilance angle.

60 47-48 8 Intellectual Property Rights and Patent Rights The nature of arrangement will involve installation and

implementation of proprietary product of bidder and/or third

parties. The arrangement does not involve any bespoke software

development. Therefore, bidder cannot agree that the IPR will

vest in the Purchaser. These need to be vested in the Bidder

and/or respective third parties. We would suggest to finalize this

clause at the time of contracting stage.

The bidder required to foresee whether IPR

required with respect to services to provided are

vesting with bidder itself or with third party and

accordingly formulate the bid and all the

prospective bidder shall know the same at the

time of bidder. Negotiation with successful

bidder for the same shall not possible as this is a

Public RFP.

61 48 9 Inspection and Quality Control test/check The nature of arrangement involves provisioning of licenses and

installation of software however, it does not involve supply of

goods. The clause is related to supply of goods. Therefore, we

would suggest to remove the same.

This clause is non negotiable

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62 49-50 11 Payment Terms As per our standard practice we would suggest that the license

payment to be made upfront and other payment milestones and

terms to be agreed at the contracting stage.

Payment structure shall be as per the terms

mentioned in the RFP and no upfront payment.


63 51 14 Incidental services The sub points iv and v are wide and open ended. Further the

scope of the incidental services can be agreed mutually.

Therefore we would request to finalize this clause at the time of

contracting.

No negotiations shall be possible after selection

of bidder. The Bidder has to foresee all such

eventualities while bidding. Hence, this clause is

non negotiable

64 52 15.1 Change Orders/ Alteration/ Variations This clause is wide and open ended and may be construed that

the bidder will not be paid even for the additional work carried

out. The bidder would have framed its commercials based on

the specifications mentioned in the bid documents. Therefore, it

would be unreasonable for not making the payment for any

additional work carried out because of the discrepancy in the

Bid documents. Therefore, we would request to finalize this at

the time of contracting.

Bidder may factor such change orders while

framing its commercials and mutual agreement

once selection of bidder is final may not be

possible.

65 52 15.2 Change Orders/ Alteration/ Variations Since the bidder would have framed its commercials

considering the scope of specifications and services, any change

in the same need to be agreed mutually between the parties.

Bidder may factor such change orders while

framing its commercials and mutual agreement

once selection of bidder is final may not be

possible.

66 52 15.7 Change Orders/ Alteration/ Variations work constituting change order will impact both the parties,

therefore need to be agreed mutually. In the event of dispute we

would suggest to resolve the dispute as per the dispute

resolution mechanism.

RFP contemplates that there may change order

due to any upward revisions and/or additions of

quantities, specifications sizes given in

specifications, charts, etc. Hence, bidder has to

accept the clause and provide for as per the

change order. The Bidder shall not dispute the

change order.

67 52-53 17 Liquidated damages (LD) For the events of delay or failure the penalties are already

prescribed. In addition to that the Bank may terminate the

contract and claim damages for breach of contract. Therefore,

we suggest to omit this entire LD clause.


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68 53 18 Deficiency in the Bidder's performance This clause states that the bidder will have to carry out the

services as per the scope of work prescribed by the Bank which

can be construed that the Bank may prescribe or change scope

of work from time to time. We would be happy to provider

services as per agreed scope in the RFP. however, any change

thereto need to be agreed mutually. Therefore we would request

to omit the unilateral phrases. We would also suggest that the

extension shall not be withheld unreasonably since the delay

may happen because of the reasons not attributable to the bidder

such as non-procurement of required infra by the Bank in time.

Further, since the provision of penalty is already prescribed we

are not agreeable for forfeiture of performance security.


69 54 19.3 Dispute resolution Receipt of payments will be inevitable for provision of services.

Therefore the bidder will not be able to continue provision of

services in the event of non-receipt of fees beyond 60 days.

Therefore we would request to omit this clause.


70 56 23 Successful bidder obligation We would request to omit the unilateral phrases such as

'directions/ instructions issued by the Purchaser'


71 56 25.3 No Set-off, Counter claim, Cross claims we would suggest to make the clause mutual and accordingly

omit this clause since the accounts of two lines of business are

kept different as per the practice.


72 57 26 The Tri-Partite Agreement Please help us to understand who are such other related parties

with whom bidder will have to enter into tri-partite or multi-

partite agreement?

At any future date, any customer availing the

CMS services or their service provider or any

third party software / middleware providers etc.

Which require integration with the CMS

solution, if specifically ask for entering in such

agreements.

73 58 28.2 Statutory Requirements We would request the Bank to provide at least 15 business days

prior written notice before the audit.

The notice period cannot be fixed upfront, since

it will be as per requirements of statutory

agency requiring audit, Bank will try to

accomodate as far as possible.

74 58 29 Purchaser's right of inspection and periodic audit We would request that prior written notice of at least 15

business days have to be provided for such audit/inspection.

Further such audit/ inspection can be carried out once in a year

and the cost and expenses to be borne by the Bank.

The notice period cannot be fixed upfront, since

it will be as per requirements of statutory

agency requiring audit, Bank will try to

accomodate as far as possible.

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75 58-59 30 Contract Price As acknowledged by the Bank itself there might be change in

the prices in the market. Therefore, the Bidder need to have the

flexibility to change the prices in the event of changes in prices

by third party vendors, or in case of increased taxes, etc.

Further in case of additional services these can be provided at

mutually agreed commercials. Therefore the price i.e. contract

value will change in such cases. Therefore, we would request to

finalize this clause at the time of contracting stage.


76 60 32 Ownership and Retention of documents The ownership of proprietary documents of bidder or third

parties will remain vested with them. Therefore, we would

request to modify this clause accordingly.


77 60 33.3 Representations and Warranties Since the bidder has provided the warranties pursuant to the

agreement these need to be valid only till the term of the

agreement. Therefore, we would request to omit this clause.


78 60-61 33.5 Representations and Warranties development, deployment , updation, upgradation, etc. will be

subject to mutually agreed commercials terms. Therefore we

request to omit this clause or to modify the same to include the

statement that this will be subject to mutually agreed

commercials.


79 61 33.7 Representations and Warranties We would be happy to maintain the insurances which are

mandatorily required to be maintained pursuant to applicable

law. Therefore, we would request to modify this clause

accordingly. We can finalize this clause at the contracting stage.


80 61 33.9 Representations and Warranties we can surely provide the warranties as on the date of contract

however, few of them are beyond our control such as litigation

and other matters are beyond our control. Therefore, it is not

possible for the bidder to provide the warranty that warranties

provided will continue. Therefore, we would request to omit

this clause.


81 62 33.17 Representations and Warranties Bidder is not creating any interest in its property, revenue or

asset in favor of the Bank. The arrangement involves granting

of licenses i.e. installation and implementation of software

however, no intellectual property rights of software are being

assigned. Therefore, please omit this clause.


82 62 34.1.4 Confidentiality We would request that the confidentiality of critical confidential

has to be maintained indefinitely. The critical confidential

information may include the architecture of the product, source

code, etc. We would request to finalize this clause at the

contracting stage.


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83 66-67 38.1 (c) Termination for convenience Since the bidder will have to incur opex and capex to execute

the project, it is not agreeable for the termination for

convenience.


84 66-67 38 termination We would request to add the clause for the termination right of

the bidder i.e. bidder to have termination rights in cases of non-

payment, insolvency of the Bank, etc. The clause can be

finalized at the contracting stage.



85 67 39 Consequence of termiantion The transition support contemplated under this clause can be

provided at the mutually agreed commercials. We would

request to finalize this clause at the time of contracting stage.



86 68 41 Assignment we would request to make this clause mutual no party can

assign this contract to third party without prior written consent

of the other party. This would be imperative for the bidder since

the licenses of proprietary product will be provided.


87 69 48 Insurance We would be happy to maintain the insurances which are

mandatorily required to be maintained pursuant to applicable

law. Therefore, we would request to modify this clause

accordingly. We can finalize this clause at the contracting stage.


88 70 49.1 b) iii) Limitation of liability We cannot agree to provide uncapped liability for indemnity

except for the third party IPR infringement claims which is

already covered above. Therefore, request to omit this clause.


89 70 49.1 c) Limitation of liability Neither party shall be liable for other for indirect, consequential

damages. We request to modify the clause accordingly to make

this mutual. We would request to finalize this entire clause 49

at the contracting stage.


90 71-72 Section 3 1. Technical Bid form We would suggest to read this form in conjunction with the

above comments. Accordingly we request to omit para 4,5 and

6 and to finalize this form at the time of contracting stage.


91 76 Section 3 4. Unconditional acceptance of terms & conditions

of the RFP

The contract being bilateral need to be finalized mutually.

Therefore, we would request to omit this annexure. In the event

it has to be submitted, then it need to be read in conjunction

with our comments, replies.


92 77 Section 3 5. Self Declarations The contract being bilateral need to be finalized mutually.

Therefore, we would request to omit this annexure. In the event

it has to be submitted, then it need to be read in conjunction

with our comments, replies.


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93 80 Section 3 7. Contract form We would request to add certain additional terms at the time of

contracting such as licensing terms, Bank's responsibilities,

Bank's warranties, etc. we would also request to incorporate the

references of bidder replies in the contract and accordingly RFP

to be read in conjunction of the replies of the vendor. We would

request to finalize this form at the time of contracting.


94 82-84 Section 3 8. Performance Bank Guarantee We would request that the guarantee to be invoked upon

demonstration of the failure of the vendor. Therefore, we would

request to finalize the format at the contracting stage.


95 88-90 Section 3 10. Deed of indemnity As stated in the foregoing comments the indemnity can be

provided for the third party claims of infringement of their IPR

by the software of the bidder. Therefore we would request to

reduce the draft to that effect. We would suggest to finalize the

draft at the contracting stage.


96 118 3.11 Integrity Pact This clause too broad and difficult to track practically unless

the Bank provides us all of its employees, officers and their

relatives data. Therefore, we would suggest to modify this to

include only the officers who are connected in provision of

services from both parties. We would request to finalize this

Integrity Pact at the contracting stage.


97 118 5.1 Integrity Pact-

Earnest Money Deposit

We would request to mutually finalize the events in which

EMD can be invoked by the Bank and in case of demonstration

of occurrence of such event to the satisfaction of the bidder, the

Bank can invoke the EMD. We would also propose to shift this

clause to the agreement. We would request to finalize this entire

clause 5 at the contracting stage.


98 120 6.3 Integrity Pact This clause is unilateral. Breach of the provision of the Integrity

Pact need to be demonstrated by the Bank to the satisfaction of

the bidder since it will have sever adverse effect on the bidder.

We would request to finalize this clause at the contracting

stage.


99 120 7 Integrity Pact

Fall clause

We would request to omit this clause since the scope and other

consideration might be different from the transaction

contemplated with the Bank.


100 121-122 12 Integrity Pact We would request to link the validity of the pact either with non-

selection of us or with the term of the contract where the

contract is awarded to us. We would further request to omit the

unilateral phrases.


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101 Additional clauses We would request to mutually agree upon the additional

clauses at the contracting such as licensing terms, interest on

delayed payment, non-solicitation of resources, audit of licenses

granted, etc.


102 94 3 Templeton Report (deposit/ instruments/ date

of deposition / date of realization )

We refer to Templeton as a client and would request to

elaborate more on the format and report

Yes, its client specific report who wants reports

based on various combinations.

103 94 2 Upload of data for CHQ issuance through off-site

vendor for uploading in core (Finacle)

Please elaborate more on the requirement with an example or a

use case.

We have cheque printing vendors, who print the

cheques requested by our clients, post printing

the cheque overprinting data and MICR details

are to be uploaded in the system. We require

that facility to be at vendor end

104 94 3 Automated updation in core (Finacle) for CHQ

issuance directly from software

Does the requirement relate to positive pay? Please elaborate

more in detail.

It refers to cheque printing request initiated by

customer, the CMS system should be capable

for updating the printed cheques details in Core

without Manual Intervention105 95 1 System should facilitate communication with NPCI

for registration of E-NACH mandates through API

Does the bank require the vendor to initiate the mandate

registration request and hand it over to NPCI or even the

initiation & processing of the direct debit transaction? Please

confirm.

This clause is regarding functionality of API

based E-NACH registraion with NPCI.

106 96 1(b) Bulk Payment through RTGS/NEFT/ FT/

NACH/IMPS

/UPI/API DD/CHQ

Please elaborate more on API DD with an example? It may be read as API / DD

107 97 9 Temporary disabling option of clients to stop any

fresh booking, other activity should be allowed, like

liquidation of open entry, charge recover (if any).

Please elaborate more on the requirement with a use case?

In fresh booking, is the bank trying to explain deposit of new

instruments?


108 97 10 Cheque Purchase – automated entries, Report

required of entries for which Cheque Purchase

Reversal

is pending

Please elaborate more on the requirement with a use case?

By cheque purchase does bank mean guaranteed credit/day 0

credit and cheque purchase reversal is the reversal of GC on

retuned cheques?


109 97 12 Setting of booking amt limit(min/max) at product

level

In the mentioned requirement, Does bank mean limits for

Guaranteed credit?

No, It means setting of booking amount limit at

each product such as local cheques, outstation

cheques, non-IDBI location cheques lodged at

partner bank locations, non-IDBI location

cheques lodged at drawee bank locations etc.

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110 98 14 Document upload/ download/ deletion options

(master setup related

documents at various levels

Please give examples for the upload of master documents?

What is the list of documents which the bank is expecting the

vendor to upload in the system? Also request to specify the

levels at which this upload and download are expected?

Document can be any supporting physical copy

of document collected from customer such as

Agreeement, Board resolution, CAS,

Guaranteed credit limit enhancement /

reduction, change of signatory or any other

change request etc.

111 98 17 Linking of at least two accounts for recovery of

collection charges with auto switch option

Please elaborate on the requirement with a use case. Charge recovery is normally done from one

account, but if balance is not available in the

charge recovery account, the system should

facilitate recovery from next account, if the

balance is availble in the account.

112 98 19 Payout details i.e. beneficiary/other bank details

should be entered in system and the entry of payout

to clients should flow directly from system to

Finacle and payout through RTGS should happen

directly by system

The expectation from this requirement is transferring the

collection credit to the account in other banks through RTGS.

We have to provide this instruction to the core bank for further

generation of messages. Please confirm our understanding


113 98 24 Corrbank Withdrawal Please elaborate on the requirement with a use case. In case of Correspendent Bank, positive

corrbank is done before schedule liquidation.

114 98 28 Schedule Liquidation :- Manual Inputting Please elaborate on the requirement with a use case. When deposit level entry is done in the system

and some cheques return, these return cheques

are maually inputted in the system before

schedule liquidation.

115 98 29 Account statement – (Consol / Location wise /

Deposit level / instrument level/deposit with

enrichment/ instrument with

enrichment)

Please elaborate if the account statement required at the client

level or the client product level?

Generation of customised account statement as

per client's requirement

116 99 45 Voucher Checking reports Please elaborate on the requirement with a use case and data

expected in this report.

Reports for checking entries done

117 99 47 Schedule pending reports Please specify the list of the pending report which should be

scheduled.eg.cheque liquidation pending report and so on

Schedules pertaining to cheque clearance which

are pedning for liquidations

118 99 51 Hand off file for income distribution to respective

branch income accounts

with GST

Please elaborate on the requirement with a use case. System should provide monthly branch/state-

wise income report

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119 100 52 Invoice generations Please elaborate on the requirement with a use case. It is with reference to Charges, the system

should facilitate Invoice generation with

breakup of Taxes and Charges, as some clients

have arrangements where we generate the

invoice first and debit the charges to customer

account, only on acceptance of invoice from the

customer.

120 100 53 Additional option for client pricing which can be

customized by Bank

Please elaborate on the requirement with a use case. Does the

bank wish to develop additional charging methods/category?

This is part of Charge Matrix wherein

customisation option may be provided in

addition to the options indicated in Sr.No. 45.

121 101 14 SMS Alerts/Email Alerts-for Payment advice/on

uploading/on verification

We assume that the bank is trying to explain the SMS

Alerts/Email Alerts on transaction file upload and

authorization.

Please confirm.

Yes

122 101 19 Converter for file conversion Please elaborate on the requirement with a use case in detail. This is with reference to file converor for

converting the transaciton files as per CMS

solution input requirement from the client

output format.

123 101 21 Document upload/ download/ deletion options

(master setup/other

relevant) at various levels

Please elaborate on the requirement with a use case in detail.

Also please provide the examples of documents required at

various stages?

Document can be any supporting physical copy

of document collected from customer such as

copy of agreement, Board Resolution, CAS,

Guaranteed credit limit enhancement /

reduction, change of signatory or any other

change request etc.

124 101 23 Splitting of files as per Bank’s other middleware

requirements.

Please elaborate on the logic for splitting. Will it be based on

the number of transactions/payment type/file size etc? Which

middleware is being used.

The logic for splitting can be number of

transactions and /or payment type. The

middleware being used presently is I-Connect

however it can be any other upgradation in

future compatible with Finacle.

125 101 24 Uploading of files from multiple accounts Please elaborate on this requirement. Is it referring to user

access?

A client code can have multiple accounts linked

to it, the system should facilitate uploading

transaction files from any of the accounts, based

on account number and client / corporate code

combination

126 102 38 CHQ data download for issuance during the day for

uploading in core (Finacle)

Please elaborate on the requirement with a use case? It refers to cheque printing request initiated by

customer the details of which is required to be

updated in Core

127 103 46 Additional option which can be customized by

Bank

Please elaborate on the requirement with a use case and we

assume that the Bank is referring to charges, from this

requirement.

This is with refence to Master Setup, where

bank wants blank / additional fields for client

specific requirement.

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128 105 9 Alert or Report to be generated/ scheduled of all the

accounts where 7 years

to be completed from date of first credit

Assuming that the credit account referred here is the Dividend

funding account. Can a format/fields required in the report be

shared?

The report parameters would be generic in

nature such as account number, account type,

client code, client name, dividend year, amount

lying in account, due date for transfer to IEPF

etc and /or any other statuory requirement

raised by SEBI > IEPF in future.

129 105 11 Unique field-wise status identification of previous

and present DIR

Kindly elaborate on this requirement. In our system we have a

history of transaction lifecycle report. Will this suffice?

A unique identified is required such as folio

number which will identify the transaction

throughout its entire lifecycle journey i.e. Seven

years post which it will be transferred to IEPF.

130 105 13 Dividend Interest Redemption(DIR) Module for

managing Dividend Business, as per SEBI

Compliance, to provide Recon, Dividend

redemption and payment

services

HDFC has been using the Aurionpro system for more than 10

years and it is SEBI compliant. Is there any specific SEBI

circular or requirement expected from the system? Please share

with us the requirement/circular.

Please refer SEBI circular

SEBI/HO/MIRSD/DOP1/CIR/P/2018/73 dated

April 20, 2018.

131 105 1 System should facilitate recording, retrieval, MIS

and dashboard view of data related to E-NACH and

Physical NACH, Direct Debit Mandates registered.

Is Processing of Direct Debits in the scope of this RFP? If Yes,

is a handoff expected to middleware / Core Banking service or

is the vendor application expected to do end to end Direct Debit

processing?

Yes, it is there in scope of RFP, handoff to be

done directly with CBS and Vendor application

both, as some of the existing clients are using

vendor application and may not migrate to CMS

system.

132 106 6 System should facilitate Proper posting of

transactions in case of change in client account or

client branch.

What is the expectation of our system? The posting would be as

per the CMS accounts mapped from Core Banking System and

setups are done by Bank in our system.

Clients are tagged to a partciluar branch. In case

tagging is changed, there should not be any

issue in transation processing

133 106 8 System should provide Manual option for

Temporary Stop and Start process of selected

Product code

Kindly elaborate on this requirement. Is this part of the EOD

process?

Not only related to EOD but at any given

time,the option to be there.

134 106 10 System should provide Web based support, App

based support on Android, IOS OS, on handheld

devices and Mobile Phones.

Kindly elaborate this requirement. Is the bank looking for a

Mobile App ? If Yes, What features / modules are required in

the mobile App ?

Yes, Mobile app is required.

135 94 4 The system should integrate client ERP in a

seamless manner through host to host/API

connectivity. It should be also capable of extracting

the data from client ERP (SAP/Oracle) in their ERP

specific format.

What are the file formats of ERP (SAP/Oracle) expected to be

supported for the specified requirement

All file formats accepted by ERP should be

supported.

136 106 12 System should have the feature of raising invoice by

User and Authentication of the Invoice using Maker-

Checker Matrix along with payment files which

shall be processed only on

authorization of Invoice.

As part of payment file upload, our system allows attaching

enrichments like Invoices. Is the requirement to view invoices

and then approve payment? Or a separate UI is required for

invoice approval along with Payment approval?

The proposed system sound sufficient, subject to

approval during demo

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137 99 49 GST calculations as per act such as IGST, CGST,

and SGST bifurcation

Our system is capable of maintaining the CGST (9%) & SGST

(9%) rate slabs. We shall compute the applicable GST for

Financial Services and handoff to your accounting / Tax system

for further bifurcation & reporting. Is this approach okay ?

GST calculation should be GST compliant with

bifurcation as IGST, CGST and SGST

138 18 5.7 Source code for customized application and

documentation of the solution shall be the property

of the Bank from the start of the contract period.

Bank would guarantee that it would not use the

source code for commercial purposes and

documents in case the vendor/Bidder so desires. In

case the Bidder fails to customize the software the

Bank reserves the right to modify the software to

suit business requirements without any additional

liability whatsoever. The Bidder should either

provide the source code itself with necessary

documentation or arrange to keep it under escrow

arrangement.

Source cannot be bank's property. We are Ok to place this on

Escrow. Please clarify. Source code to be handed over will

increase the purchase cost fo the bank. Is bank ready for that?

Please clarify

Refer to the clause you can either place it with

escrow agent or keep it safely with the Bank.

139 18 5.7 vii. The selected Bidder will be responsible for

migrating Bank’s existing Archival Data from

existing system into the proposed Archival Solution.

Archival Solution should be implemented as part of

GO Live of the solution and having Data retention

for at least 10 years or as per Bank’s Data/Invoice

retention policy.

What is this archival solution mentioned? Please clarify? Bidder should provide their own archival

solution along with the application software.

Bank's existing Archival Data to be migrated to

the proposed Archival Solution

140 21 5.13 c. All software envisaged is required to be on-

premises irrevocable perpetual software licensed to

IDBI Bank, right to use the software even after the

contract period. Only licensed copies of software

shall be supplied and ported. Further, all software

supplied shall be of latest version.

The right to use remians with the bank after the contract period

but there wont be any commitment ot render support from the

vendor without an upgrade.

During the contract period , bidder should

provide necessary support and upgraded version

of the application software or any third party

software without any extra cost

141 26 7.1 7.1. The Delivery and time limit for commencement

of work shall be done at the specified locations

(Belapur, Navi Mumbai & DRC Chennai) within 1

Week from the issuance of Purchase Order.

Delivery of the equipment shall be made by the

Vendor in accordance with the system approved /

ordered. The details of the documents to be

furnished by the Vendor are specified hereunder :-

Please clarify how this is applicable in the cae of CMS vendor? Within one week of issuance of Purchase Order,

bidder has to commence the work related CMS

solution implementatin at the specified

locations.

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142 40 13.5 13.5. The Bank will retain 5% of the Total cost of

CMS solution as defined in part ‘A’ of the

commercial bid i.e. the PO amount, as security

towards satisfactory performance, till the estimated

useful life of the solution i.e. 7 years.

why is this retention when you have asked for PBG? These are

not practical and needs to be omited.


143 50 11.17 11.17. Post Warranty, the vendor has to provide

uninterrupted AMC support for minimum7 yrs.

AMC amount has to be paid by the Bank in

advance every year after deducting the penalties, if

any.

Please speicify the AMC period post warranty. Is it 7 or 10

years? In another clause bank has mentioned that AMC PO will

be issued for 10 years!

AMC period will be equal to Contract period

i.e. 7 years, unless extended on mutually

accpeted terms.

144 60 31.8 31.8. The Bidder shall abide to the Information

Security Policy (ISP) and Cyber Security Policy

(CSP) of the Bank (as amended from time to time),

which will be shared by the Bank with the L1

Bidder on need to know basis. The L1 Bidder shall

ensure that the equipment/application/software

supplied under the RFP shall be complacent with

the ISP and CSP at all times.

Please elaborate current ISP and CSP followed in the bank As mentioned, it will be shared only with the L1

vendor, being confidential in nature.

Hardware sizing -Pls share details as mentioned. We would request bank to provide volume details to arrive at

Hardware and software sizing in the below format

Hardware and software sizing shall be discussed

with successful bidder.

Total Corporates (including sole prop) Data can be shared on finalisation of L1

No of active corporates for projected years The tentative number of Corporate Client codes

are 10000 at present, a CAGR of 40% may be

taken for forecasting the future customer base.

Total Corporate users for projected years as above

Total active corporate users for projected years as above

Total Bank users for projected years Refer clause Vi(b), Vii(b) and VIII(b) of

Technical scoring matrix page 95 and 96

Total Branches for projected years

No of concurrent bank users accessing through internet for first

(base) year

Refer clause Vi(b), Vii(b) and VIII(b) of


No of concurrent corporate users accessing through internet for

first (base) year



YOY growth for concurrency for bank Users in percentage

from second year

A CAGR of 40% may be taken for forecasting

the future customer base.

YOY growth for concurrency for Corporate Users in percentage

from second year



Total average transactions per day through internet for first year

including all modules



YOY growth for transaction volume in percentage from second

year



- -145

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How many years to be considered for projection The contract period of 7 years can be taken

No of Inquiry / report to be downloaded from system for first

year

Cannot be projected at this stage

If current database to be migrated than what is data file size The details will be shared with the L1 Bidder

Any Preference on Application Server / Web Server / DB

Server

Already indicated in Bid document

Any Preference on OS platform Already indicated in Bid document

146 - - Forms on the stamp paper-like POWER-OF-

ATTORNEY, Contract form, NDA, Indemnity, and

Integrity pact

In midst of lockdown, it would be difficult for us to arrange

stamp paper or stamps so would request bank if they can allow

us submission of forms like power of attorney, contract form,

NDA, Indemnity and Integrity pact etc on our company letter

head only.

Once lockdown is over, we can reexecute the same forms on

stamp papers and submit it to the bank.

E-stamps are available in Banks easily

147 10 5.1 General

ii.

Build and maintain the interfaces with the relevant

Application systems for automatically uploading /

downloading of data at no extra cost to the Bank

Whats the relevant application system referred here and what

sort of data expected to upload/download. Giving a sample case

will help us to better understand the requirement

This clause refers to building any interfaces, if

required to access the prospoed solution and

uploading / downloading of data using SFTP /

API connectivity without any manual

intervention

148 12 5.1 General

xviii.

Bidder will configure the server and software to

enable integration with the Bank’s existing





Virtual Accounts, FRMS, Rapid Pay, B-DEM etc

Any interfaces / application integration requirement in future to

be treated as billable based on gap analysis on the requirement

These are minimum applications required to be

integrated and hence the cost of integration, if

any, to be inbuilt in the quotation. No seperate

billing will be entertained for such integration.

149 12 5.1 General

xix.

The proposed solution shall also be compatible with

Finacle version 10x and above

Whats the current version of Finacle being used The current version is Finacle 10

150 12 5.1 General

xxvi.

The Bidder shall be responsible for migration of all

existing reports, standard as well as customized of

existing clients

Approximate count of customised reports provided to existing

clients will help us to gauge the size for migration

The same can be shared only with L1 Bidder

due to confidentiality

151 13 5.1 General

xxxviii.

The solution should support the Web browsers viz.

Internet Explorer 8 & above, Google Chrome and

Mozilla Firefox.

IE 8 is outdated and not more supported version. Latest UX

features are not supported. This to be treated as IE 10

It may be treated as a limitation, as many clients

are still using this version.

152 14 5.1 General

xlviii.

Bidder should carry out preventive and corrective

maintenance activities to ensure that all Hardware /

Software/System perform without defect or

interruption for ensuring availability of systems.

Scope of Hardware/OS maintenances are to be kept out of

application provider. Generally these are maintained bank Infra

team.

The scope of selected bidder is limited to

Sofware Solution. However, bidder should

provide support during Hardware and OS

maintenance activities and ensure application

should be compatible with the upgraded version

- -145

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153 14 5.1 General

xlix.

Further, the Bidder should ensure of updating



warranty/Support/maintenance contract period

Scope of Software/Application to be limited to the application

supplied by bidder and shouldn’t cover on OS or any other

licences procured by bank

The scope of selected bidder is limited to

Sofware Solution. However, bidder should

provide support for any Hardware changes and

upgradation and ensure application should be

compatible with the upgraded version

154 14 5.1 General

l.

The Vendor/Bidder shall ensure that the stipulated

Support and maintenance facilities on the hardware/

software will be available for a minimum period of

7 years. The vendor will constantly update

Purchaser/IDBI Bank Ltd. on new technologies that

could prove cost effective

Scope of Hardware/OS maintenances are to be kept out of

application provider. Generally these are maintained bank Infra

team.

Yes, the understanding is correct, the scope of

selected bidder is limited to Sofware Solution

and the necessary support to be provided by the

bidder.

155 12 5.1 General

xviii.

Bidder will configure the server and software to

enable integration with the Bank’s existing





Virtual Accounts, FRMS, Rapid Pay, B-DEM etc.

Is the expectation to have the proposed CMS to integrate with

banks existing Virtual Account platform


156 14 5.2 Gap Identification

and Resolution

The Bidder will ensure that all gaps identified at the

time of system testing with respect to Functional

Requirement Specifications (FRS), will be

immediately resolved at no extra cost

It's recommended to keep a Gap Analysis session and

document, prior to the customisation/implementation stage.

This will help bank for a smoother and faster implementation

The referred section is meant for Gap Analysis

only and at the time of testing if any gaps are

identified , need to be resolved at no extra cost


Inspection and

Performance

Evaluation

i.

Bidder shall be required to do POC at the Bank

premises, if required by the Bank at no extra cost

for which hardware will be provided by the Bank

At what stage of RFP, the POC is expected, will there be a

scope defined for POC?

If required, it will be during technical

evaluation stage.

158 18 5.7. System

Commissioning &

Deliverables

v.

Customization in the present application and all

future customization irrespective of regulatory in

nature or Bank specific will be developed or built in

by Bidder at no additional cost during contract

period. Bidder should carry out Detailed

Requirement Gathering (DRG) and share Gap

Analysis document for Bank’s existing solution

Future customisations scope to be binded with a boundary.

Regulatory requirements on existing delivered

products/payments can be covered, However if a new payment

product or a mass change in the existing product beyond regular

regulatory updates to be considered as CR


159 22 5.14. General Terms SSO Login Bank’s Internet Banking / Mobile

Banking Channels

In order to have the SSO handling, the customer & user

information to be replicated in proposed solution, can the

proposed solution do a fetch from the Internet Banking system

to have all the necessary customer/user information's

The internet banking details can be shared and

validated through API

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160 24 6. SERVICE LEVEL

EXPECTATIONS

AND PENALTY

6.4

Penalty amount will be charged as defined as

below, if Bidder fails to meet the SLA as mentioned

below .Penalty Amount: The SLA measure for

calculating Penalty amount shall hours of delay.

The penalty amount will range from Rs.1000/- per

hour to Rs.5000/- per hour, depending

on the delay, as stated under:

SLA definitions & Penalty clause to be revised t. The penality

clause should be weekly on the rate of 1000 per day & 5000

per week depenign on the delay as stated in the tender


161 26 7. DELIVERY AND

TIME LIMIT FOR

COMMENCEMENT

OF WORK: PERIOD

AND LOCATION

The Delivery and time limit for commencement of

work shall be done at the specified locations

(Belapur, Navi Mumbai & DRC Chennai) within 1

Week from the issuance of Purchase Order.

Delivery of the equipment shall be made by the

Vendor in accordance with the system approved /

ordered. The details of the documents to be

furnished by the Vendor are specified hereunder

Delivery time line of 1 Week is not enough post PO submission.

Its recommended to re-look in to the timelines considering the

gap analysis, identification, interface point identifications, sign-

off on necessary documents and then customisations


162 27 9. MIGRATION The Bidder can request for details of work related

to migration required to be done and assess the

effort required accordingly

At what stage of RFP, the details will be shared for evaluation Upon selection as L1 Bidder, the bidder can ask

for details

163 27 9. MIGRATION Time is the essence of this Contract / Agreement

and entire project should be completed maximum

within 12 months from the date of issuance of

Contract. A tentative schedule for project

implementation has been provided under Section 5,

Clause 9: Schedule, which can be used as reference

/guidelines.

Not able to identify the Section-5, Clasue-9 for the schedule.

Please share same

Please read the same as section 2, clause 35 at

page number 63 and 64 of the Bid document.

164 96 13.TECHNICAL

CAPABILITIES

(ANNEXURE – 13)

Block II(b)- CMS-

Payments Module

The system should integrate client ERP in a

seamless

manner through host to host/API connectivity. It

should be also capable of extracting the data from

client ERP (SAP/Oracle) in their ERP specific

format.

Functions mentioned here to be treated as two separate

requirement. Interface Integration via API and Extraction

Module are two different item

The successful bidder is expected to provide

both the functionalities as different customers

have differrent needs.

165 97 13.TECHNICAL

CAPABILITIES

(ANNEXURE – 13)

Block V(b)-Common

Features

System should facilitate Generation of Handoff file

for Manual transactions

Need more clarity; what type of manual transactions are

referred here and what file format to be generated

The clause is related to EOD handoff from

CMS System to CBS

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166 99 13.TECHNICAL

CAPABILITIES

(ANNEXURE – 13)

Block I(a)-CMS

Collections Module

Master Copy Facility Need more clarity on the expected functionality Copy of entire master set up of a particluar

client to use for another client

167 109 13.TECHNICAL

CAPABILITIES

(ANNEXURE – 13)

Block V(a)-Common

Features

System should have the feature of raising invoice by

User and Authentication of the Invoice using Maker-

Checker Matrix along with payment files which

shall be

processed only on authorisation of Invoice

Is the expectation to have payable invoice maintenances, need

more clarity on the expected requirement

Yes, the understanding is correct. Along with

payment instruction file, the facility of

uploading invoice with functionality of

accepting / rejecting invoice by the authorisor

168 16.ELIGIBILITY

CRITERIA

COMPLAINCE

SHEET (ANNEXURE

– 16)

The Bidder/ OEM should have a valid ISO

9001 and ISO 27001 certificate.

ISO 9001 is for Product Manufacturing companies. For

IT/Software ISO 27001 is relevant certification

Whichever applicable, is required

169 9 Security Deposit The value of 1st Performance Bank Guarantee

(PBG) will be 15% for the Total cost of CMS

Software Solution (as defined in part ‘A’ of

Commercial Bid) and should be valid for a period

of 18 months (6 Months Warranty Period + 1 Year

claim period) from the date of issue of PBG.

The Bank shall retain a part of Total cost of CMS

Software solution as security towards satisfactory

performance, till the estimated useful life of the

solution i.e. 7 years. The details of the same are

mentioned in clause 13.4 of Chapter C.

If the successful Bidder is desirous of getting this

security deposit released, the Bidder can submit a

2nd Performance Bank Guarantee (PBG)

equivalent to the security amount in lieu of the

same which will be valid for a period of 8 years (7

years Period post go live Plus 1 year claim period)

from the issue of PBG.

Requesting the Bank to consider Performance Bank Guarantee

of 10% of the total cost of CMS Software Solution.


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170 13 5 Scope of Work

5.1 (xl.)

Escrow arrangement for applications needs to be

maintained. An escrow agreement is a tripartite

arrangement between the Bank, Software vendor

and the escrow agent. By this arrangement, the

source code of application is kept with escrow

agent, which can be made available to the Bank in

the event the vendor goes out of business. The

Successful Bidder is required to execute documents

/agreements in this regard as prescribed by Bank

from time to time.

Bank is requested to add that the cost of Escrow arrangement

will bear by the Bank.


171 10 6. SERVICE LEVEL

EXPECTATIONS

AND PENALTY

6.1 (iv)

The Bidder may have to enter into a service level

contract with the Bank before the award of the

contract as per the format provided by the Bank.

The terms of SLA shall be mutually agreed between the parties. The terms of SLA are pre-defined in the RFP

document and it being a public RFP, the terms

cannot be changed at later stage.

172 28 11. WARRANTY &

AMC

11.6

No variation in or modification of the terms of the

Contract shall be made.

Bidder request the Bank to delete this clause, since the terms of

Contract need to be mutually agreed between the parties.

The clause is non negotiable

173 11. PAYMENT

TERMS

11.8

Under no circumstances IDBI Bank shall be liable

to the Successful Bidder and/or its

employees/personnel/representatives/agent etc. for

direct, indirect, incidental, consequential, special or

exemplary damages arising from termination of the

Contract;

The Bank is requested to make the clause mutual as under:

Under no circumstances parties shall be liable to each other or

their employees/personnel/representatives/agent etc. for direct,

indirect, incidental, consequential, special or exemplary

damages arising from termination of the Contract;


174 50 11. PAYMENT

TERMS

11.12

Bidder has to submit the performance security (in

the manner and form as provided in the RFP) for

10% of total contract value upfront at the time of

signing of the contract.

Bank to clarify the percentage of performance Security, as per

the RFP it is 5% in the form of PBG.

Yes, It is 5% and it can be in the form of PBG

175 54 19. DISPUTE

RESOLUTION

19.3

The Vendor shall not be entitled to suspend the

provision of the Services or the completion of the

job, pending resolution of any disputes between the

Parties and shall continue to render the Services in

accordance with the provisions of the Contract

notwithstanding the existence of any dispute

between the Parties or the subsistence of any

arbitration or other proceedings.

The Bank is requested to make the clause reciprocal by adding

that the Bank shall not withhold any payment to the Bidder

notwithstanding the existence of any dispute between the Parties

or the subsistence of any arbitration or other proceedings.


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176 57 25. NO SET-OFF,

COUNTER-CLAIMS,

CROSS-CLAIMS

In case the Bidder has any other business

relationship with Purchaser, no right of set-off,

counter-claim and cross-claim and or otherwise will

be available under this Contract to the Bidder for

any payments receivable under and in accordance

with that business.

25.2. In case the Bidder has any claim, no right of

set-off, counter-claim and cross-claim and or

otherwise will be available under this Contract to

the Bidder for any payments receivable under and

in accordance with that business.

25.3. However, IDBI Bank shall have such rights

against the successful Bidder up to maximum of

100% of the contact value.

Bank is requested to make the clause mutual and remove the

part: However, IDBI Bank shall have such rights against the

successful Bidder up to maximum of 100% of the contact

value.


177 66 Termination for Convenience: Notwithstanding the

provisions of the Contract and/or the Bid

Documents, the Purchaser at its sole discretion and

without prejudice to any other right or remedy and

without assigning any reasons, by written 30 days’

notice sent to the Bidder, may terminate the

Contract, in whole or in part, at any time for its

convenience. The notice of termination shall specify

that termination is for Purchaser’s convenience, the

extent to which performance of the Bidder under

and in accordance with the Contract is terminated,

and the date upon which such termination becomes

effective.

Bidder would request the Bank to delete the termination for

convenience clause. This is not a standard industry practice and

not acceptable by the Bidder.


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178 69 48. INSURANCE 48.1. The Bidder shall:

I. take out and maintain at their own cost but on

terms and conditions approved by Purchaser,

insurance against the risks, and for the coverage, as

shall be specified below.

ii. at the Purchaser’s request, provide evidence to

the Purchaser showing that such insurance has been

taken out and maintained and that the current

premiums therefore have been paid.

48.2. Third party liability insurance with a

sufficient coverage for the period of the Contract

48.3. Professional liability insurance, with a

minimum coverage equal to estimated remuneration

and reimbursable.

48.4. Employer's liability and workers'

compensation insurance in respect of the personnel

of the Bidder, in accordance with the relevant

provisions of the applicable law, as well as, with

respect to such personnel, any such life, health,

accident, travel or other insurance as may be

appropriate; and

48.5. Insurance against loss of or damage to (I)

equipment(s) / software purchased in whole or in

part with funds provided under this Contract or

otherwise, (ii) the Bidder’s property used in the

performance of the Services, and (iii) any

documents prepared by the Bidder in the

performance of the Services.

This shall be governed according to the Bidder's existing

insurance policies and the Bidder shall not be obligated to take

fresh insurance policies.

The Bank shall not have any objection to it, as

long as the policy also covers the proposed

instance of the solution to be installed at IDBI

Bank.

179 69 49. LIMITATION OF

LIABILITY

Bidder’s aggregate liability shall be subject to an

overall limit of 100% of the Total Project Cost for

the Contract period.

Bank is requested to modify the clause as : Bidder’s aggregate

liability shall be subject to an overall limit of20% of the Total

Project Cost for the Contract period.


180 110 16.ELIGIBILITY

CRITERIA

COMPLAINCE

SHEET (ANNEXURE

– 16) Point 4

The Bidder in last 5 years should have

successfully implemented and is

currently supporting the offered solution

for at least two of the modules* in one or

more PSU / Private Bank in India having a

business mix of Rs.50,000 Crore and

above.(Bidder should submit proof for

the above).

* The two implemented Modules counted for the

eligibility purpose can only be 1) Payments and

2) Collections or Dividend

The bidder in last 3 years should have successfully

implemented

the offered solutions for at least two of the modules in one or

more banks in India or aboard having mix business of 50,000

crs and above.

The two implemented Modules counted for the

eligibility purpose can only be 1)

Payments

2) Collections or Dividend

The referred clause in eligbility criteria cannot

be modified.

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CRITERIA

COMPLAINCE

SHEET (ANNEXURE

– 16) Point 2

Bidder should have minimum annual

turnover of Rs.100 crores each during the

last three financial years that is 2016-17,

2017-18 and 2018-19 as per audited

financial statements. This must be

individual company and not of any

group of companies

In terms of the Govt. of India guidelines on Public Procurement

Policy for MSMEs,requesting the bank to consider the annual

average turn over to be 20 crs for each financial year. This

must be individual company and not of any

group of companies

Pre-qualification criteria with respect to Prior

Turnover and Prior experience shall be relaxed

for Micro & Small Enterprises as per GOI

guidelines subject to meeting of quality and

technical specifications.


CRITERIA

COMPLAINCE

SHEET (ANNEXURE

– 16) Point 3

Proposed software/solution should have been

implemented and live for last 3 months in at least 1

Banking / financial institution / PSU / Government

Organisation

Proposed software/solution should have been implemented and

live for last 3 months in at least 1 Bank in India or abroad

The referred clause in eligbility criteria cannot

be modified.

183 26 6.5

Point c) Penalty for

downtime for Post

implementation:

Uptime in percentage (%) The up time charges should be charged below 90 % The clause is non negotiable

184 27 6.5

Point d) Penalty for

delay migration /

migration not to the

satisfaction of the

Bank.

Penalty to the extent of 5% of the Project Cost can

be levied in case of situation

such as delay in migration of master and transaction

database of the existing

customers and / or migration not to the satisfaction

of the Bank. The final decision

in this regard will be as per Bank’s discretion and

no right to representation shall be

available with the successful Bidder

Penalty to the extent of1 % of the Project Cost can be levied in

case of situation

such as delay in migration of master and transaction database of

the existing

customers . Migration completely depends upon the bank

existing vendor & the support


185 22 5.14. General Terms

i. Bank is desirous of

onboarding vendor for

upgrading following

modules

The Bidder should quote AMC separately as per

Commercial Bid format; the

AMC shall be quoted as percentage of Software

Cost and not in absolute terms.

In case of decline in quotation after reverse auction,

the AMC amount shall also

be revised as percentage of revised quote.

Will their be a reverse auction as the bank has not mentioned

in the process of BID

No, reverse auction is not proposed, however as

per clause Viii of Commercial Bid format, Bank

reserves the right to negotiate the Total Cost of

CMS Solution , with the finally successful

Bidder before awarding the contract.

186 110 Eligibility Criteria.

Point No 2

Bidder should have minimum annual turnover of

Rs.100 crores each during the last three financial

years that is 2016-17, 2017-18 and 2018-19 as per

audited financial statements. This must be

individual company and not of any group of

companies

Bidder should have minimum annual turnover of Rs.500 crores

each during the last three financial years that is 2016-17, 2017-

18 and 2018-19 as per audited financial statements. This must

be individual company and not of any group of companies. This

will help the Bank to have

The suggestion is welcome however it cannot be

changed at this moment as this is a Public RFP

and the terms cannot be changed after

publication date.

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187 8 Earnest Money Deposit Rs. 30,00,000/-(Rupees Thirty Lacs only). (EMD

can be deposited by means of a Demand Draft / Pay

Order, drawn in favor of IDBI BANK LIMITED,

payable at Mumbai to be submitted along with the

Bid.)

Or

The same can be deposited by the bidder through

electronic mode (NEFT) to IDBI Bank’s

Current Account No 18337000010052 IFSC code

– IBKL0000183 at its branch situated at Belapur,

Mumbai - 400614. Tenders not accompanied with

EMD’s Receipt will not be considered. In terms of

the Govt. of India guidelines on Public Procurement

Policy for MSMEs, registered MSEs under the

MSMED Act, will be exempted from payment of

Earnest Money Deposit (EMD) subject to providing

proof of document (Copy of MSME Registration

Certificate).

Request the Bank to allow submission of Performane Bank

gurantee for the EMD amount of Rs 30,00,000/- as well. In the

current situation it will be very difficult to block such huge

funds for any organisation.

This term is non negotiable

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188 49 Payment Terms License Cost 1. On delivery, configuration and

successful installation of software solution 40% 2.

On implementation of atleast 2 modules i.e.

Payments and Collections / DIR Module 40% 3. On

Implementation of Balance Modules 15% 4.

Balance to be kept till expiry of useful life of

Software i.e. 7 years from warranty expiry date.*

5%

Implementation and other misc cost such as

Training, Migration etc.

1 On Successful Implementation of Payments

Module 20%

2. On Successful Implementation of Collections

Module 10%

3. On Successful Implementation of DIR Module

10%

4.On Successful Implementation of Balance

Modulesand Solution 30%

5. Upon UAT and Testing 10%

6. On Go-Live 10%

7. After Warranty Period 5%

8.Balance to be kept till expiry of useful life of

Softwarei.e. 7 years from warranty expiry date.*

5%

Please consider the following payment terms:

License Fee - 50% Along with Purchase Order

Balance 50% Due On Delivery ,configuration and successful

installation of software solution

Implementation Fee - 20% on Purchase Order, 20% on

completion of product walkthrough, 20% on implementation of

Payments module, 10% on implementation of Collections

module, 20% on implementations of Balance modules, 5%

upon UAT Completion, 5% on Go-Live

Taxes and Statutory Levies - Actuals

This term is non negotiable

189 24 Upgrades and Updates The Bidder shall be required to provide all future

updates and upgrades for the proposed software free

of cost during contract period. If however, the

upgrades/updates is not available then the support

for the implemented solution should be available at

any point of time.

Upgrades cannot be provided free of cost. Request the bank to

exclude the same from the scope of RFP.

It is clarified that total revamp of solution

technology wise or functionality wise will be

excluded from update and upgrade definition

referred here.

190 23 Penalty We propose Penalty clauses to be reviewed and agreed

mutually.


191 Termination of

Contract

Request bank to kindly amend the clauses to include the delay

which is 'solely' attributable to the bidder only since there can be

delays at the bank's end as well


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192 66 Termination for

Convenience

Notwithstanding the provisions of the Contract

and/or the Bid Documents, the Purchaser at its sole

discretion and without prejudice to any other right

or remedy and without assigning any reasons, by

written 30 days’ notice sent to the Bidder, may

terminate the Contract, in whole or in part, at any

time for its convenience. The notice of termination

shall specify that termination is for Purchaser’s

convenience, the extent to which performance of the

Bidder under and in accordance with the Contract is

terminated, and the date upon which such

termination becomes effective.

Termination of convenience has to be with necessary protection

on goods and services delivered. We propose minimum 90

days notice and that all fees for Software and Services shall

become due and payable and any fees already paid shall be

deemed to be non refundable or Request the bank to please

consider removal of Termination of convenience or to be open

for vendor compensation during termination for convenience


193 69 LIMITATION OF

LIABILITY

Bidder’s aggregate liability shall be subject to an

overall limit of 100% of the Total Project Cost for

the Contract period.

We propose to place the liability limited to the amount of the

fees received by Intellect for each transaction for the Licensed

Software and for the Maintenance Services. The liability may

please be limited to the Maintenance Fees paid in the year in

which the loss or damage arose.


194 53 LIQUIDATED

DAMAGES

If the Vendor fails to deliver any or all of the

Service(s) / Systems or perform the Services within

the time period(s) specified in the Contract /

Agreement / fails to meet the Service Level

Requirements, IDBI / Purchaser shall, without

prejudice to its other rights and remedies under and

in accordance with the Contract / Agreement,

deduct from the Contract price, as liquidated

damages, a sum equivalent to 0.50% per week or

part thereof of cost of the contract subject to

maximum deduction of 10% of ‘cost of the

contract’ of the delayed Service(s) or unperformed

Service(s). However, Bank reserve the right to

terminate the contract at any time, if the project is

not delivered as per scheduled timelines and Bank

will claim entire amount paid to the vendor with

simple interest @18% p.a. along with additional

10% of ‘cost of the contract’, as compensation.

We propose LD with a caveat for delays solely caused by

bidders failure to meet the milestone of 0.5% per week up to a

maximum of 5% of the Services Fees for the milestone in

delay. LD’s shall only apply for implementations and

customization fees not total fees for solution


195 76 Unconditional

Acceptance of Terms

and Conditions

Annexure 4 We request bank to modify this clause from Unconditional

acceptance - to acceptance of terms and conditions to be

mutually agreed.


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We assume that the Core/Distribution Switches, Firewalls,

Application Firewall, Load Balancer's, WAN devices along

with the new Infrastructure/System like server ,storage ,SAN

switch , Virtualization tool will be provided by the bank.?

Please confirm

Infrastructure will be provided by the bank

We assume that the Bank will provide the

monitoring/patching/sever automation/HIPS/Antivirus

tools/Disaster Recovery mangement (DRM )Tool for the new

server environment ? Please confirm


We assume that Backup Server /software along with the Tape

drive/Tape Media will be provided by the bank for the server

environment?please confirm.


197 17 5.6/iV/b:Hardware

proposed should be

sized properly and

sizing should be

certified by the

application OEM.

Hardware for the

application including

OS and Database (SQL

and Oracle) only will

be provided by Bank.

Any other software

need shall also be

provided by Bidder. All

related OEM’s support

for database need to be

provided by the Bidder.

Please confirm if Bank can also provide the Oracle weblogic

application server license along with the Oracle Databse license

.










of their choice

196 23 5.15/ Hardware

Requirements

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198 20 5.12. Disaster

Recovery

Mechanism/b) The

Bidder needs to submit

the technical

architecture relating to

data replication

between primary and

secondary site. The

Recovery Time

Objective (RTO) and

Recovery Point

Objective (RPO) for the

proposed solution

should be 30 minutes

and 15 minutes

respectively.

From an application perspective, the services can be started with

in 60 mins. However the switching over of database, DNS re-

directions etc (which are outside the application control) may

take time depending on the size of database. Typically the RTO

requirements are in the range of 2-4 hours.Request the bank to

please update the RTO to 120 Minutes.

RTO will be 60minutes, as in our current

production setup DC to DR switch of

application takes place maximum 60minutes.

Switching off DB and DNS replication will be

taken care by bank . Bidder has to ensure CMS

application software should be up and running

in 30 minutes

Please provide the name of country for which the following data

is going to be provided and provide separate data for each

country.

It is applicable currently to India

Can the various country data be hosted on same physical

servers or do we need to have separate physical setup for each

country

It is applicable currently to India

Total corporate users across all the modules connecting through

Internet.

Refer clause 5.1.xli, on page 13

Total Concurrent users across all the modules connecting

through Internet.

Refer Block Vi(b), Vii(b) and Viii(b) of

Technical scoring matrix on page 96

Total Back Office users across all the modules. Refer Block Vi(b), Vii(b) and Viii(b) of


Total Concurrent Back Office users across all the modules. Refer Block Vi(b), Vii(b) and Viii(b) of


Total Customers / Accounts The present customers are approx 10000

Total Online (during banks business hours) Sweeps transactions

per day. ( This includes the transactions that are orginating from

all the channels e.g file upload , Web services )



Total Peak Online (during banks business hours) Sweeps

transactions per day. ( This includes the transactions that are

orginating from all the channels e.g file upload , Web services )



Total Batch Sweeps transactions per day. ( During the EOD) Refer Block Vi(b), Vii(b) and Viii(b) of


23199 5.15/ Hardware

Requirements

of 51

S. NoRFP Ref






Online (during banks business hours) Pooling transactions per

day. ( This includes the transactions that are orginating from all

the channels e.g file upload , Web services )



Peak Online (during banks business hours) Pooling

transactions per day. ( This includes the transactions that are

orginating from all the channels e.g file upload , Web services )



Total Batch Pooling transactions per day. ( During the EOD) Refer Block Vi(b), Vii(b) and Viii(b) of


Number of Supply chain finance users ( Total / concurrent ) Supply Chain Module not proposed, hence not

applicable

Number of Supply chain finance transactions on a daily basis (

Average/ Peak )

Supply Chain Module not proposed, hence not

applicable

Number of Trade finance users ( Total / concurrent ) TF module not proposed hence not applicable

Total Number of Virtual Accounts VA module not proposed hence not applicable

Total Number of Transaction for Virtual Accounts. VA module not proposed hence not applicable

Concurrent users for Virtual Accounts VA module not proposed hence not applicable

Total Online (during banks business hours) Collections and

Recievables transactions per day. ( This includes the

transactions that are orginating from all the channels e.g file

upload , Web services )



Total Batch Collections and Recievables transaction s per day. (

During the EOD)



Total number of H2H transaction per day Refer Block Vi(b), Vii(b) and Viii(b) of


Payments transactions per day. ( This includes the transactions

that are orginating from all the channels e.g file upload , Web

services )



Total Peak Payments transactions per day. ( During the EOD) Refer Block Vi(b), Vii(b) and Viii(b) of


Batch transactions per day (via File Upload) Refer Block Vi(b), Vii(b) and Viii(b) of


Peak batch transactions per day (via File Upload) Refer Block Vi(b), Vii(b) and Viii(b) of


Average File Size (in KB)

Average number of transactions per file Refer Block Vi(b), Vii(b) and Viii(b) of



Requirements

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S. NoRFP Ref






What is the typical time window in which the transactions need

to be processed ( e.g 4 Hrs, 8 Hrs, 24 Hrs). This is to determine

the TPS (Transaction Per second) requirements of the solution.

Time window referred for arriving at TPS is 8

hours

Year on Year Growth Rate The average growth rate is approx 40% over

last few years which can be taken for reference

subject to any exceptional event in market /

industry growth rate.

200 22 5.14 UPI Payments – Is the requirement about the standard UPI Payment or anything

in specific? Need more information

Payment mode as UPI in payment file uploads

201 22 Interactive Dashboard with report query tools Need more information Can be discussed during pre-bid meeting or

demonstration

202 46. Additional option which can be customized by

Bank

Need more information This is part of Charge Matrix wherein

customisation option may be provided in

addition to the options indicated in Sr.No. 45.

203 9.) Alert or Report to be generated/ scheduled of all

the accounts where 7 years to be completed from

date of first credit

What is the logic of 7 Years? Need more information Seven years is the time limit for which Dividend

account remains with the Dividend Mandate

Handling Bank as per SEBI Guidelines. After

the period of 7 years the amount is transferred to

IEPF

204 12) Uploading and processing of single file

containing Cancellation /Reissuance/Stop Pay apart

from existing

Are you refering to a single file which contain Cancellation /

Reissue / Stop pay? Need more information

This is in continuation to Clause 5 of the DIR

module.

205 96 8) System should provide Manual option for

Temporary Stop and Start process of selected

Product code

Which product are we refering in this point?

Need more information

Any product offered to the clients.

206 97 2 Master Copy Facility Is expectation is Master Template Maintenance? Need More

Information

Copy of entire master set up to use for another

client

207 97 9 Temporary disabling option of clients to stop any

fresh booking, other activity should be allowed, like

liquidation of open entry, charge recover (if any).

Only the New Collection Booking to be Disabled ?

Is this required product wise or for all product?

Yes, product level and client level both options

208 98 28 Schedule Liquidation :- Manual Inputting Need more information Manual liquidation marking and bulk upload in

case of large volme

209 99 45 Voucher Checking reports Are we refering to Accounting? Need more information Reports for checking entries done

210 99 46 Manual entry reports Need more information In case any rectification entry is done manually,

such report should be available

211 99 51 Hand off file for income distribution to respective

branch income accounts with GST

Should this be an additional information in Charges Report for

Bank?

System should provide monthly branch/state-

wise income report


Requirements

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S. NoRFP Ref






212 105 1 System should facilitate recording, retrieval, MIS

and dashboard view of data related to E-NACH and

Physical NACH, Direct Debit Mandates registered.

Reqirement is for Reporting or for Reconciliation? Require

more details for this Lineitem.

Client Dashboard view of NACH Mandates and

processed files

213 106 6 System should facilitate Proper posting of

transactions in case of change in client account or

client branch.

Need more information Clients are tagged to a partciluar branch. In case

tagging is changed, there should not be any

issue in transation processing

214 24 6.2 The Bidder shall be required to provide all future

updates and upgrades for the proposed software free

of cost during contract period. If however, the

upgrades/updates is not available then the support

for the implemented solution should be available at

any point of time

Implemenation cost will be factored for any Technical Upgrade. This clause is non negotiable

215 27 9 MIGRATION What is the scope of Migration. Customer Reference Data,

Transactional data

Scope of Migration will be discussed in detail

with L1 Bidder and will be documented

accordingly. The expectation of the Bank is to

provide access to Master Data, Setup and

Transaciton data access to its users and

customers.

Bid Fee Request Bank for deviation on this clause

i.e Bid fee to be removed

Non Refundable fee of Rs.30,000/- + Applicable

Taxes (Currently 18% GST)(Rupees Thirty

Thousand Plus Applicable taxes only )Pay Order

/ Demand Draft, drawn in favor of IDBI BANK

LIMITED, payable at Mumbai to be submitted

along with the Bid

or


electronic mode (NEFT) to IDBI Bank’s Current

Account No 18337000010052 IFSC code –

IBKL0000183 at its branch situated at Belapur,


Bid Fee Receipt will not be considered.


waived.

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S. NoRFP Ref






In terms of the Govt. of India guidelines on Public

Procurement Policy for MSMEs, registered MSEs

under the MSMED Act, will be exempted from

payment of Earnest Money Deposit(EMD)

subject to providing proof of document(Copy of

MSME Registration Certificate

Earnest Money Deposit

Rs. 30,00,000/-(Rupees Thirty Lacs only). (EMD

can be deposited by means of a DemandDraft

/ Pay Order, drawn in favor of IDBI BANK

LIMITED, payable at Mumbai to be submitted

alongwithOr


electronic mode (NEFT) to IDBI Bank’s Current

Account No 18337000010052 IFSC code

– IBKL0000183 at its branch situated at Belapur,


EMD’s Receipt will not beconsidered.

In terms of the Govt. of India guidelines on Public

Procurement Policy for MSMEs, registered MSEs

under the MSMED Act, will be exempted from

payment of Earnest Money Deposit (EMD) subject

to providing proof of document(Copy of MSME

Registration Certificate)

The value of 1st Performance Bank Guarantee

(PBG) will be 15% for the Total cost of CMS

Software Solution (as defined in part ‘A’ of

Commercial Bid) and should be valid for a period

of 18 months (6 Months Warranty Period

+ 1 Year claim period) from the date of issue of

PBG.


waived.


Security Deposit It is hereby informed that the PBG cannot be

waived

As per company policy Nucleus does not prefer bank

guarantees.Request bank for deviation on this point.

As per organizationpolicy, Nucleus does not accept any kind of

guarantees. Request bank for deviation on this point.

216

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S. NoRFP Ref






The Bank shall retain a part of Total cost of CMS

Software solution as security towards satisfactory

performance, till the estimated useful life of the

solution i.e. 7 years. The details of the same are

mentioned in clause 13.4 of Chapter C.



2ndPerformance Bank Guarantee (PBG) equivalent

to the security amount in lieu of the same which

will be valid for a period of 8 years (7 years Period

post go live Plus 1 year claim period) from the

issue of PBG.

5. Scope of work

xxiii.

5. Scope of Work Request Bank for deviation on this point

xxv. I.e – point to be removed

5. Scope of Work Request Bank for deviation on this point

xxxv. I.e – Periodic VAPT, without any addition cost.

5. Scope of Work

xli.

5. Scope of Work Request Bank for Deviation on this point,

xlix. i.e – Updating software without any addition cost. Any upgrade

in contract period will attract additional implementation cost.

Bidder must provide required support during

periodic VAPT (External & Internal), IS Audit,

Security Audit, various compliances specially

government and regulatory, cyber related, etc., to

the Bank. Also rectification of deficiencies pointed

out during IS Audit should be done at no additional

cost to the Bank.

Security Deposit It is hereby informed that the PBG cannot be

waived


The Bidder shall be responsible for data migration

from existing system of the Bank to the new system

in a seamless way and also the reconciliation of data

tables including General Ledgers while migration

from existing CMS system of the Bank to the new

CMS system.








There should not be any licensing concept on user

level and there should not be any limit on number of

users also.

As per standard Policy Nucleus does not provide unlimited

Licenses. License shall be bound by terms and number of

Named Users. Request bank for deviation on this point.

As per company policy Nucleus does not prefer bank

guarantees.Request bank for deviation on this point.

In case the solution offered has End of Life /

Support already announced or announced by

OEM/principal vendor/IPR owner during contract

period, the service provider (Bidder) has to ensure

that the same will be supported till the validity of

the contract / or replace / upgrade the same on its

own cost without any disruption in the ongoing

business.

Request Bank for deviation on this point

This clause is non negotiable223

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219

220

221

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S. NoRFP Ref






a) The Bidder will ensure that all gaps identified at

the time of system testing with respect to Functional

Requirement Specifications (FRS), will be

immediately resolved at no extracost.

Request Bank for Deviation on this point.

5.1 Gap

Identification and

Resolution

b) The Bidder will ensure that gaps pointed out by

the audit and inspection team, statutory and

regulatory bodies, or any other third party agency

engaged by the Bank will be resolved within

reasonable time during the contract period at no

extra cost.

i.e – System testing w. respect to (FRS) with no extra cost.

Request bank to remove this clause as it is impossible to

forecast the effort for any gaps and quantum of work that might

be involved.

c) The Bidder shall resolve gaps by proposing a

suitable work around or customizing the proposed

solution by way of modifications / enhancements, as

necessary, to the proposed software solution at no

extracost.

d) The Bidder will ensure that they have the

necessary infrastructure and resource in place to

resolve all the gaps within the time lines agreed, for

theimplementation.

e) The Bidder shall customize all gaps observed in

the Functional / Technical Requirements, Product

Demo, Current Systems Study, Training and UAT

and pilot rollout. The cost of customization should

be included in the price bid. The Bank will not pay

any additional customization costs. The Bidder

shall document all gaps observed by the Bank at

various stages of implementation including their

solution and monitor and track the status of the

same throughout the implementation.

f) The Bidder shall deliver latest product in UAT

environment of theBank.

5.2 Bank to provide deviation on this point

Interfaces i.e. - customizing, testing and maintaining with no extra cost.

We can confirm the commercials basis the integration listed in

Scope of work i.e. agreed for implementation but not for

contract period. Request bank to remove this clause.

5.3

Implementation







g) The Bidder will be responsible for customizing,

testing and maintaining all the required interfaces

during the contract period at no extra cost to the

Bank. In case of any subsequent change,

modification or alteration to the Banks existing

Application software packages, the Bank will

obtain the API for such existing Application and

provide the same to The Bidder for interface at no


This clause is non negotiableBidder has to implement the CMS Solution for all

the application/interface/corporates as per the Bank

As per standard Policy Nucleus does not provide unlimited

Licenses. License shall be bound by terms and number of

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S. NoRFP Ref






i. All copies should be delivered in hard & soft

media. Source code for customized application and

documentation of the solution shall be the property

of the Bank from the start of the contract period.

Bank would guarantee that it would not use the

source code for commercial purposes and

documents in case the vendor/Bidder so desires. In

case the Bidder fails to customize the software the

Bank reserves the right to modify the software to

suit business requirements without any additional

liability whatsoever. The Bidder should either

provide the source code itself with necessary

documentation or arrange to keep it under

escrowarrangement.

v. Customization in the present application and all

future customization irrespective of regulatory in

nature or Bank specific will be developed or built in

by Bidder at no additional cost during contract

period. Bidder should carry out Detailed

Requirement Gathering (DRG) and share Gap

Analysis document for Bank’s existing solution.

vii. The selected Bidder will be responsible for

migrating Bank’s existing Archival Data from

existing system into the proposed Archival Solution.

Archival Solution should be implemented as part of

GO Live of the solution and having Data retention

for at least 10 years or as per Bank’s Data/Invoice

retention policy.

a. Provide Corporate Licenses for Data Centre

(DC) setup, Disaster Recovery Site (DRS), Near

Disaster Recovery (NDR) and UAT setup for

unrestricted use across the organization viz.

Branches, Location, clients etc. irrespective of

locations or number of users.

Request Bank for Deviation on this clause

227

228

The Bank has also provided option of keeping it

with escrow agent, which may be considered in

case the bidder is not aggreable for keeping

source code with the Bank.


Nucleus will always be the owner of its software or any

customizations to the same. It is not shareable for product

companies as it governed by IPR. IPR is an intellectual property

of vendor and hence source code can't be shared considering the

business risk for vendor. Request bank for removing this clause.

5.5 System

Commissioning &

Deliverables

5.13 Software

Licenses

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S. NoRFP Ref






c. All software envisaged is required to be on-

premises irrevocable perpetual software licensed to

IDBI Bank, right to use the software even

afterduring the contract period. Only licensed copies

of software shall be supplied and ported. Further, all

software supplied shall be of latest version.

i.e Corporate license on data recovery etc. irrespective of

location or no. of users and point. C is not acceptable.

5.13.

General Terms

ii. The successful Bidder has to comply with

all Service Level Agreements (SLAs) as mentioned

in this RFP to ensure adherence to project timelines,

quality and availability of services. Also, Bidder

has to ensure compliance with the Bank’sPolicies.

iii. The Bidder may have to enter into a service

level contract with the Bank before the award of the

contract as per the format provided by the Bank.

6.4. Penalty amount

Breach of service levels expectations consistently on

part of the Bidder may lead to invocation of clause

for “Termination for Default”

Penalty Amount: The SLA measure for calculating

Penalty amount shall hours of delay. The penalty

amount will range from Rs.1000/- per hour to

Rs.5000/- per hour, depending on the delay, as

stated under:

Hours of Operation: The support should be

available on 24*7 and 365 days basis without any

holiday excluding planned downtime for

maintenance.

6.5. Standard of Performance and Service

Level Definition and Measurement

Penalty for non- implementation of product features

by committed time:

228

229



6. Service level

expectation and

penalty

This clause is non negotiableNucleus works on partnership model with Bank and would

strive to complete the project within mutually discussed

timelines. As per the company policy, we do not prefer penalty

clause/liquidated damages and hence request bank for removal

of this clause at this stage. However, the same can be discussed

at a later stage of contract closure. Request bank for deviation

on this point.

i. Any other lock in terms such as Software

License Cost, AMC cost etc shall result in

disqualification of the vendor from thebid.

Request Bank for deviation on this point as we have requested

changes in other related points.

5.13 Software

Licenses


6.4 Since this is a Public RFP, no further change in

terms shall be allowed in future.

Since this is a Public RFP, no further change in


Nucleus works on partnership model with Bank and would




of this clause at this stage.

As per the company policy, we do not prefer penalty clause,

hence request bank for removal of this clause at this stage.

6.2 6.2. The Bidder shall be required to provide

all future updates and upgrades for the proposed

software free of cost during contract period. If

Request Bank for deviation on this point.








6.5

233

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S. NoRFP Ref






Successful Bidder shall be required to provide an

undertaking to the Bank, with regard to features

which are not available in their present solution and

which can be provided in 3M/6M as confirmed by

the Bidder in Technical Bid. In case of failure of the

Bidder to provide the features / modules in

committed timelines, the Bank reserves the right to

impose penalty which can be upto 5% of the Total

cost of CMS Software Solution as specified in Part

‘A’ of Commercial Bid Format and / or cancel the

contract.

ii. In the event of Successful Bidder’s failure to

deliver and / or implement all required components

of a fully functional system (pertaining to the scope

of the project) within the stipulated time schedule or

by the date extended by the Bank, unless such

failure is due to reasons entirely attributable to the

Bank, it will be a breach of contract. In such case,

the Bank would be entitled to charge a penalty.

Penalty will be applicable for late delivery of the

customized software where 0.5% of ‘cost of the

deliverable ’ will be deducted as penalty per week

or part thereof for failure as indicated in the RFP

with the maximum penalty of 10% of ‘cost of the

contract’.

However, Bank reserve the right to terminate the

contract at any time, if the project is not delivered as

per scheduled timelines and Bank will claim entire

amount paid to the vendor with simple interest

@18% p.a. along with additional 10% of ‘cost of

the contract’, as compensation.

The CMS Software Solution has to be up for at

least 99.50%. The CMS Software Solution is

deemed to be up if the users are able to log into the

system.

c) Penalty for downtime

for Post implementation

d) Penalty for delay migration / migration not to the

satisfaction of the Bank.















6.5234

235

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S. NoRFP Ref






Penalty to the extent of 5% of the Project Cost can

be levied in case of situation such as delay in

migration of master and transaction database of the

existing customers and / or migration not to the

satisfaction of the Bank. The final decision in this

regard will be as per Bank’s discretion and no right

to representation shall be available with the

successful Bidder.

11.1. The Bidder / Vendor will provide 6

Months warranty from the date of issuance of

Acceptance Certificate (Go Live) accompanied with

necessary onsite resources for the project

implemented. Any defects / bugs noticed in the

migrated/implemented applications shall be

reworked and / or replaced by the Bidder / Vendor

with defect-free components free-of-cost. The

Bidder shall conform the integrity of the solution

supplied i.e. the solution is free from bugs,

malware, covert channels in codeetc.

11.2. During the contract period if OEM of

OS/DB solution announces regarding the End of

Support, the successful Bidder will migrate the

solution to the newer version of OS/DB without

additional cost to the Bank. All updates and

upgrades of OS & DB have to be done by the

selected Bidder without any extra cost to the Bank

during contract period. However, licenseswill be

provided by theBank.

11.3. Bidder should setup one centralized L2

Support at Belapur, Navi Mumbai (DC), till the

completion of warranty support. The Bank has a

right to interview and reject resources deployed by

theBidder.



Warranty & AMC 1.1 Since this is a Public RFP, no further change in


'As per company standard we provide one-month onsite support

after GO Live. Post onsite support, our support (AMC, ASF)

will start. However the need varies depending upon the project

size, activity set agreed upon etc. so this can be discussed with

customer and mutually agreed upon.






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11.4. Post warranty period, Bank may enter

into AMC/ATS support with successful

vendor/OEM for next 10 years and Bank will issue

Purchase Order on every year based on satisfactory

performance of the vendor in previous year. Post

warranty, the application will be covered under the

AMC / ATS by the OEM. The Bidder should

ensure, as part of AMC / ATS that the OEM to

provide followingservice(s):

Request Bank for deviation on this clause

i.e - price quoted must be inclusive of cost of supply,

installation and providing services during the serviceperiod

11.1. The Bidder and any of their personnel or

agents / subcontractors will be granted permission

by Bank to enter upon its premises and lands for the

purpose of such inspection, but only upon the

express condition that the Bidder, their personnel

and agents/ subcontractors shall be responsible for

personal injury (whether fatal or otherwise), loss of

or damage to life, property and other loss damage,

costs andexpenses.

11.2. It will be imperative for each Bidder to

fully inform themselves of all legal conditions and

factors which may have any effect on the execution

of the contract as described in the Bid Documents.

Bank shall not entertain any request for clarification

from the Bidder regarding such localconditions.

9. Firm Prices Prices quoted must be firm and final and shall not

be subject to any re-openers or upward

Request Bank for deviation on this clause

As per the company policy, we do not prefer liquidated

damages and hence request bank for removal of this clause at

this stage. However, the same can be discussed at a later stage

of contract closure.

237

238

239

240

241

Warranty & AMC 1.1 Since this is a Public RFP, no further change in




4.7 General Instruction The Bid Security as specified in Section II should

be paid along with the Bid Document during

submission. Bids without the Bid Security shall

As per company policy we do not accept bank guarantees.

Request bank for deviation on this point.

Bid price & Validity of

Bid

'As per company standard we provide one-month onsite support

after GO Live. Post onsite support, our support (AMC, ASF)

will start. However the need varies depending upon the project

size, activity set agreed upon etc. so this can be discussed with

customer and mutually agreed upon.

2. Bid Evaluation

Criteria

2.2 The Bidder shall submit their offers strictly in

accordance with the terms and conditions of the Bid

Nucleus shall not be able to accept all terms and conditions

mentioned in the RFP at this stage as some of them do not align

236


The prices quoted will be exclusive all applicable

taxes. The total price quoted must be inclusive of

cost of supply, installation and providing services



11 Local Condition Since this is a Public RFP, no further change in


of 51

S. NoRFP Ref






11.3. It is the responsibility of the Bidder that

such factors have properly been investigated and

considered while submitting the bid proposals and

that no claim whatsoever including those for

financial adjustment to the contract awarded under

the Bid Documents will be entertained by Bank and

that neither any change in the time schedule of the

contract nor any financial adjustments arising

thereof shall be permitted by Bank on account of

failure of the Bidder to appraise themselves of local

laws /conditions.

12.1. The Bidder shall furnish as a part of its

Bid, a Bid Security as mentioned in the “Document

Control Sheet” by way of demand draft or Bankers

cheque or pay order in favor of ‘IDBI Bank

Limited’ payable at Mumbai. This Bid Security

must accompany the technical bid or Bidder can

transfer the amount through NEFT in the IDBI

Bank account. The details of the Bank account

mentioned in the control sheet. The Bidder must

carry an EMD receipt as a proof of payment and

submit the same at the time of opening ofBid.

12.2. Rejection of Bid: Any technical Bid not

accompanied by EMD as mentioned above, shall be

summarily rejected by IDBI Bank, without any

furthercorrespondence.

12.3. The Bid Security shall beforfeited:

(i) if a Bidder withdraws his bid

during the bid validity period;or

(ii) if a Bidder makes any statement or

encloses any form which turns out to be false,

incorrect and/or misleading at any time prior to

signing of contract and/or conceals or suppresses

material information;or

Bid Security/Earnest

Money Deposit

As per the company policy, we do not prefer liquidated

damages and hence request bank for removal of this clause at

this stage. However, the same can be discussed at a later stage

of contract closure.

241 11 Local Condition Since this is a Public RFP, no further change in


As per company policy, we do accept any kind of guarantees.


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(iii) If the Successful Bidder fails to

sign the contract or furnish performance security

and other guarantee(s)/security in the form and

manner to the satisfaction of IDBI Bank, as

mentioned in the Bid Documents;or

(iv) In the event of any evasion,

avoidance, refusal or delay on the part of the

Successful Bidder to sign and execute the order/

purchase order/ service order or any document, as

may be required by IDBI Bank in case the Bid

isaccepted.

12.4. The Bid Security shall not bear

anyinterest.

12.5. The Bid Security of unsuccessful Bidders

will be refunded within 30 (Thirty) days fromthe

conclusion of contract/RFP.

12.6. The Bid Security of Successful Bidder will

be refunded on execution of all legal documents

including the submission of the PerformanceBank.

12.7. The Bidders have to submit the duly

signed EMD Refund letter at the time of submission

of Biids. Refer EMD Refund format mentioned in

theRFP.

12.8. Any decision by IDBI Bank in this regard

shall be final, conclusive and binding on the

Bidder/s.

13.1. The Successful Bidder shall furnish the

performance Bank guarantee within 15 days of the

receipt of acceptance by Bank, as per the format in

Section-3.

13.2. The value of the 1stPerformance Bank

Guarantee will be 15 % for the total cost of solution

(as specified in Part ‘A’ of commercial Bid) to be

submitted by the successful vendor.

13.3. The Performance Bank Guarantee (PBG)

should be issued by a scheduled commercial Bank

(other than IDBI Bank) and directly forwarded to

the Bank.

13.4. PBG should be valid for a period of 18

months (6Months Warranty Period + 1 Year claim

period) from the date of issue of PBG.

As per company policy we do not accept bank guarantees and

penalties. Request bank for deviation on this point.

Bid Security/Earnest

Money Deposit

13. Performance Bank

Guarantee


As per company policy, we do accept any kind of guarantees.


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13.5. The Bank will retain 5% of the Total cost of

CMS solution as defined in part ‘A’ of the

commercial bid i.e. the PO amount, as security

towards satisfactory performance, till the estimated

useful life of the solution i.e. 7 years.



2nd Performance Bank Guarantee (PBG)

equivalent to the security amount in lieu of the

same which will be valid for a period of 8 years (7

years Period post go live Plus 1 year claim period)

from the issue of PBG.

1.11 Payment will be made in phases after

obtaining a “Letter of satisfaction” and clearance

for Payment from the concerned dealinggroup.

Please allow Nucleus to share their terms of payments for

further discussion at appropriate stage of engagement. Request

bank for deviation on this point at this stage.

1.12 The Bidder/OEM must accept the

payment terms proposed by the Bank. Any

deviation from the proposed payment terms would

not be accepted. The Bank shall have the right to

withhold any payment due to the System Integrator

(SI), in case of delays or defaults on the part of the

Bidder. Such withholding of payment shall not

amount to a default on the part of theBank.

As per the company policy, we do not prefer penalty clause

1.13 The Successful Bidder shall be solely

liable for the payment of all the past, present and

future Central, State and local levies, direct/indirect

taxes, duties, fines and penalties (including without

limitation, excise duties and customs duties, etc.) by

whatever name called, as may become due and

payable in relation to theServices.

1.14 All out of pocket expenses, travelling,

boarding and lodging expenses for the entire Term

of this RFP and subsequent agreement is included in

the amounts quoted and the Bidder shall not be

entitled to charge any additional costs on account of

any items or services or by way of any out of pocket

expenses, including travel, boarding andlodging.

As per company policy we do not accept bank guarantees and

penalties. Request bank for deviation on this point.

13. Performance Bank

Guarantee

This clause is non negotiable243

244 4. Payment Terms This clause is non negotiable

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S. NoRFP Ref






1.15 Under no circumstances IDBI Bank

shall be liable to the Successful Bidder and/or its

employees/personnel/representatives/agent etc. for

direct, indirect, incidental, consequential, special or

exemplary damages arising from termination of

theContract;

1.16 IDBI Bank shall not have any liability

whatsoever in case of any third party claims,

demands, suit, actions or other proceedings against

the Successful Bidder or any other person engaged

by the Successful Bidder in the course of

performance of theService.

1.17 IDBI Bank reserves the rights to dispute

/ deduct payment / withhold payments / from dues

payable to the Successful Bidder under the

Contract, if the Successful Bidder has not

performed or rendered the Services in accordance

with the provisions of the Contract which the IDBI

Bank at its sole discretionadjudge.

Post Warranty, the vendor has to provide

uninterrupted AMC support for minimum7 yrs.

AMC amount has to be paid by the Bank in

advance every year after deducting the penalties,

ifany

244 4. Payment Terms This clause is non negotiable

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S. NoRFP Ref






17.1. If the Vendor fails to deliver any or

all of the Service(s) / Systems or perform the

Services within the time period(s) specified in the

Contract / Agreement / fails to meet the Service

Level Requirements, IDBI / Purchaser shall,

without prejudice to its other rights and remedies

under and in accordance with the Contract /

Agreement, deduct from the Contract price, as

liquidated damages, a sum equivalent to 0.50% per

week or part thereof of cost of the contract subject

to maximum deduction of 10% of ‘cost of the

contract’ of the delayed Service(s) or unperformed

Service(s). However, Bank reserve the right to

terminate the contract at any time, if the project is

not delivered as per scheduled timelines and Bank

will claim entire amount paid to the vendor with

simple interest @18% p.a. along with additional

10% of ‘cost of the contract’, ascompensation.

17.2. If the Vendor fails to complete the

entire works / Service(s) before the scheduled

completion date or the extended date or if the

Vendor repudiates the Contract before completion

of the Services, IDBI / the Purchaser may without

prejudice to any other right or remedy available to

IDBI / the Purchaser as under the Contract recover

from the Vendor, as ascertained and agreed

liquidated damages and not by way ofpenalty:

18.4. delay by the Successful Bidder in

the performance of its Contract obligations shall

render the Successful Bidder liable to any or all the

following sanctions:

i. Forfeiture of its performancesecurity

ii. Termination of the Contract fordefault

As per the company policy, Nucleus would not accept the

termination for convenience by bank, and hence request

removal of it from the T&C's.


18. DEFICIENCY IN

BIDDERS

PERFORMANCE


'Vendor works on partnership model with Bank and would





17.1 Liquidity

Damages

Date :- 20-May-2020

Place :- Mumbai

245

246

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