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RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 1
REQUEST FOR PROPOSAL (RFP)
FOR
RFP FOR SELECTION OF SERVICE PROVIDER FOR AUTHENTICATION
CONTROL SERVER(ACS) SERVICES FOR ONLINE CARD TRANSACTIONS AND OTHER
PRODUCTS BOI/HO/IT/ACS/2019-20 Dated 22/10/2019
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 2
Table of Contents
1. INVITATION TO BID .................................................................................................. 4
2. INTRODUCTION ...................................................................................................... 10
3. PRE-ELIGIBILITY CRITERIA .................................................................................. 10
4. TERMS AND CONDITIONS OF CONTRACT (TCC) ............................................... 10
5. SCOPE OF WORK .................................................................................................. 11
5.1. GENERAL................................................................................................................ 11
5.1.1. IMPLEMENTATION ........................................................................................... 13
5.2. TECHNICAL INSPECTION AND PERFORMANCE EVALUATION ........................ 13
5.3. SYSTEM COMMISSIONING & DELIVERABLES – ................................................ 13
5.4. TRAINING ................................................................................................................ 14
5.5. PERFORMANCE ..................................................................................................... 14
5.6. PENALTIES: ............................................................................................................ 14
5.7. BID COMPLIANCE .................................................................................................. 15
5.8. SUPPLY AND MAINTENANCE OF THIRD PARTY SOFTWARE .......................... 16
5.9. SYSTEM & SECURITY AUDIT ................................................................................ 16
5.10. SOFTWARE AUDIT, RECTIFICATION AND RE-AUDIT .................................. 16
5.11. CAPABILITY OF THE SOFTWARE: ................................................................. 17
5.12. DISASTER RECOVERY – DR ........................................................................... 17
5.13. ORDER CANCELLATION ................................................................................. 17
5.14. SOLICITATION OF EMPLOYEES ..................................................................... 18
6. COST OF BIDDING ................................................................................................. 18
7. BIDDING DOCUMENTS .......................................................................................... 18
8. BID PRICES............................................................................................................. 19
9. BID SECURITY ........................................................................................................ 20
10. SUBMISSION OF BID ............................................................................................. 20
11. DEADLINE FOR SUBMISSION OF BIDS ............................................................... 23
12. MODIFICATION AND WITHDRAWAL OF BIDS ..................................................... 23
13. OPENING AND EVALUATION OF BIDS ................................................................ 24
14. AWARDING OF CONTRACT .................................................................................. 26
15. CONTACTING THE BANK ...................................................................................... 27
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 3
16. PERFORMANCE SECURITY .................................................................................. 27
17. PRE-BID MEETING ................................................................................................. 27
18. CONTRACT PERIOD .............................................................................................. 27
ANNEXURE-A ................................................................................................................ 55
ANNEXURE-B ................................................................................................................ 57
ANNEXURE-C ................................................................................................................ 59
ANNEXURE-D ................................................................................................................ 60
ANNEXURE-E ................................................................................................................ 61
ANNEXURE-F ................................................................................................................. 63
ANNEXURE–G ............................................................................................................... 67
ANNEXURE–H................................................................................................................ 69
ANNEXURE–I ................................................................................................................. 70
ANNEXURE–J ................................................................................................................ 75
ANNEXURE-K ................................................................................................................ 76
ANNEXURE–L ................................................................................................................ 77
ANNEXURE-M ................................................................................................................ 79
ANNEXURE–N................................................................................................................ 81
ANNEXURE-O ................................................................................................................ 82
ANNEXURE–P ................................................................................................................ 83
ANNEXURE–Q ............................................................................................................... 85
ANNEXURE–R................................................................................................................ 87
ANNEXURE-S ................................................................................................................ 88
ANNEXURE-T ................................................................................................................. 95
ANNEXURE-U ................................................................................................................ 97
ANNEXURE-V ................................................................................................................ 98
ANNEXURE –W ............................................................................................................ 102
ANNEXURE-X .............................................................................................................. 111
ANNEXURE-Y .............................................................................................................. 112
ANNEXURE – Z ............................................................................................................ 116
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 4
1. Invitation to Bid
PART – I
1.1. This Request For Proposal (RFP) is to invite proposals for providing ACS services
(RuPay, PaySecure, BEPG, Verified by Visa (VbV) and MasterCard,
SecureCode, NCMC , Prepaid Cards) for card online transactions and other
products in hosted model as per the Terms & Conditions, Technical
Specifications and Scope of Work described in this document
1.2. The bidder would be required to provide the software solution and implement and
integrate the same as per the Bank’s requirement mentioned in the scope of this
RFP.
1.3. Bank invite offers in sealed envelopes for providing ACS services for Online card
Transaction and Other Products
1.4. Bank expects the vendor to offer best in class solution with competitive pricing
and highest security safeguards.
1.5. Objective and purpose of the bank through this RFP is to invite technical and
commercial bids for selection of service provider for providing ACS Solution for
Online Card Transaction and Other Products such as Internet Banking ,CBS,
Mobile Banking(as per the Bank’s requirement) etc and integrating it with all the
necessary switches
1.6. The main objective of this project is:
i) to procure the complete end to end solution including requisite software
along with end to end integration support
It is hereby clarified that the Bid/ response to the RFP should be submitted in the
exact format given herein without making any changes/alterations to the RFP
document. Any change/alteration made to the RFP document by the participant would
make his Bid / response to the RFP void and the same shall be liable to be rejected
by the Bank without further going to the merits of the tender. It is also clarified that
in case of any difference/change between Bid/ response to the RFP document
submitted by the participant and the RFP document maintained by Bank of India
(Bank), the RFP document maintained by Bank of India would be considered as
authentic and binding on the participant.
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 5
ii) Bidder has to supply, install and configure all the required software/hardware
etc for the successful implementation of the proposed solution for both DC
& DR sites of the Bank and renewal thereafter on mutual agreement
iii) creating and managing environments for Integration testing and UAT (User
Acceptance Testing
iv) To integrate the Solution with Bank’s existing switch/interface/application as
required by the Bank
v) Keeping in view the Bank’s existing and futuristic requirement, the deployed
solution should be Scalable & Highly available. The proposed solution should
meet the current and futuristic requirement of the Bank.
vi) It may also be noted that all the activities in the IT operation are subject to
audit /inspection by Security Auditors and compliance audit of the software
deployment. Selected Bidder must take same into consideration while
delivering the desired services
1.7. Important Dates for RFP
Date and Time of commencement of
inspection / Sale of Bid Document
22/10/2019
Cost of the Tender document Rs.50,000/-
Bid Security Rs. 10,00,000/-
Last date for submitting Pre-Bid
clarification ONLY THROUGH
E-MAIL., if any
2/11/2019
Email: :
[email protected]/vijay.saw
Pre-Bid Meeting of interested Bidders 5/11/2019 at 3.00 p.m
at Head Office, IT Department (address
given below)
Last Date and Time for Receipt of
Bids at Bank of India(Address as
given below)
15/11/2019 till 3.00 p.m
Date and Time of opening of
Technical Bids
15/11/2019 at 3.30 p.m
Date, Time & Place of opening of
Price Bids / Reverse Auction for
Technically Qualified Bidders
Will be advised separately.
Contact Person Ms. Misty Kashyap
Officer (IT)
Phone : 022 – 6131 9855/9870
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 6
1.8. Other Important Conditions
i. Please note that all the information desired needs to be provided. Bids shall
be treated as non-responsive if incomplete information is provided.
ii. A two envelope bidding procedure (Technical Bid & Price Bid) will be
followed. Technical Bid and Price Bid should be in two separate sealed
covers in a third sealed cover.
iii. All Bids should be accompanied by Bid Security as specified in the Bid
document.
iv. A non-refundable bid amount of Rs.50,000/-(Rs. Fifty Thousand only) to be
paid by means of a demand draft / pay order favouring "Bank of India -
Selection of ACS Service Provider– RFP no. BOI/HO/ITACS/2019-20)”
payable in Mumbai.
v. Bank reserves the right to change the dates mentioned above / below or in
the RFP, which will be published on Bank’s web-site.
vi. The bidder shall quote the best competitive price in the commercial bid as
Bank may or may not opt for Reverse Auction. In case Bank does not opt
for Reverse Auction, the commercial bid submitted by the Bidder will be
opened to decide the L1 price.
vii. Our Bank’s Business Rules and Terms & Conditions of Reverse Auction are
as per Annexue-T. Please note the contents and comply with the
requirements of the same. Bidders are requested to ensure that they have a
Shri Vijay Sawant
Senior Manager (IT)
Phone: 022 – 6131 9850
Address for Communication and
submission of bid.
The General Manager,
Bank of India,
I.T. Department,
8th Floor, Star House-2,C-4,G-Block,
Bandra Kurla Complex,
Bandra East, Mumbai – 400 051.
Fax Number: 022 – 6668 4890
Bid Document Availability RFP document is available in Bank’s
website (www.bankofindia.co.in) and the
same can be downloaded.
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 7
valid digital certificate well in advance, in order to participate in Reverse
Auction
PART-II
1.9. Disclaimer
1.9.1. The information contained in this Request for Proposal (RFP) document or
information provided subsequently to bidder(s) or applicants whether
verbally or in documentary form by or on behalf of Bank of India (Bank), is
provided to the bidder(s) on the terms and conditions set out in this RFP
document and all other terms and conditions subject to which such
information is provided.
1.9.2. Each Bidder acknowledges and accepts that the Bank may, in its sole and
absolute discretion, apply whatever criteria it deems appropriate in the
selection of organisations, not limited to those selection criteria set out in
this RFP document
1.9.3. This RFP is neither an agreement nor an offer in respect of the services.
The provision of the services is subject to observance of selection process
and appropriate documentation being agreed between the Bank and any
successful bidder as identified by the Bank after completion of the selection
process. The RFP is only an invitation by Bank to the interested parties for
submission of bids.
1.9.4. The purpose of this RFP is to provide the bidder(s) with information to
assist the formulation of their proposals. This RFP does not claim to contain
all the information each bidder may require. The RFP document contains
statements derived from information that is believed to be true and reliable
at the date obtained but does not purport to provide all of the information
that may be necessary or desirable to enable an intending contracting party
to determine whether or not to enter into a contract or arrangement with
Bank in relation to the provision of services. Neither Bank nor any of its
directors, officers, employees, agents, representative, contractors, or
advisers gives any representation or warranty (whether oral or written),
express or implied as to the accuracy, updating or completeness of any
writings, information or statement given or made in this RFP document.
Neither Bank nor any of its directors, officers, employees, agents,
representative, contractors, or advisers has carried out or will carry out an
independent audit or verification or investigation or due diligence exercise
in relation to the contents of any part of the RFP document.
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 8
1.9.5. Each bidder should conduct its own investigations and analysis and should
check the accuracy, reliability and completeness of the information in this
RFP and where necessary obtain independent advice. Bank makes no
representation or warranty and shall incur no liability under any law, statute,
rules or regulations as to the accuracy, reliability or completeness of this
RFP. Bank may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information in this
RFP.
1.9.6. Subject to any law to the contrary, and to the maximum extent permitted
by law, Bank and its directors, officers, employees, contractors,
representatives, agents, and advisers disclaim all liability from any loss,
claim, expense (including, without limitation, any legal fees, costs, charges,
demands, actions, liabilities expenses or disbursements incurred therein or
incidental thereto) or damage (whether foreseeable or not) (“Losses”)
suffered by any person acting on or refraining from acting because of any
presumptions or information (whether oral or written and whether express
or implied), including forecasts, statements, estimates, or projections
contained in this RFP document or conduct ancillary to it whether or not
the Losses arises in connection with any ignorance, negligence,
casualness, disregard, omission, default, lack of care, immature
information, falsification or misrepresentation on the part of Bank or any of
its directors, officers, employees, contractors, representatives, agents, or
advisers.
1.9.7. Bank reserves the right to reject all or any of the Bids during the RFP
process and / or before awarding the contracts without giving reasons
whatsoever or cancels the entire process without assigning reasons
thereto. In the event of cancellation of the process, EMD will be returned.
However, bid fee will be forfeited
1.9.8. Confidentiality of RFP
The RFP document is confidential and is not to be disclosed, reproduced,
transmitted, or made available by the bidder to any other person. The RFP
document is provided to the Bidder on the basis of the undertaking of
confidentiality given by the Recipient to Bank. Bank may update or revise
the RFP document or any part of it. The Recipient accepts that any such
revised or amended document will be subject to the same confidentiality
undertaking. The Recipient will not disclose or discuss the contents of the
RFP document with any officer, employee, consultant, director, agent, or
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 9
other person associated or affiliated in any way with Bank or any of its
customers or suppliers without the prior written consent of Bank.
Terminologies and Abbreviations –
ACS - Authentication Control Server
RRB- Regional Rural Bank
ATS- Annual Technical Support
API Application Program Interface
EMD Earnest Money Deposit
ITB Instructions to Bidder
NBG National Banking Group
ZO Zonal Offices
RFP Request for Proposal
SI System Integrator
SRS Software Requirement Specification
UAT User Acceptance Testing
SCB- Scheduled Commercial Bank
PSB- Public Sector Bank
PSU- Public Sector Unit
CBS- Core Banking Solution
BEPG- Bharat E-Commerce Payment Gateway
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 10
2. Introduction
About Bank of India Bank of India was founded on 7th September, 1906 by a group of eminent
businessmen from Mumbai. The Bank was under private ownership and control till July
1969 when it was nationalized.
The Bank has more than 5100 branches in India spread over all states/ union territories
including specialized branches using “Finacle” as the Core Banking Solution. Bank,
presently is using version 7.0.25. These branches are controlled through 54 Zonal
Offices (ZOs) under 8 National Banking Groups (NBGs)
Presently Bank has overseas presence in 22 foreign countries spread over 5 continents
– with 60 offices including 5 Subsidiaries, 5 Representative Offices and 1 Joint Venture,
at key banking and financial centres viz., Tokyo, Singapore, Hong Kong, London,
Jersey, Paris and New York. The Bank is listed in both NSE & BSE.
Bank has sponsored 4 Regional Rural Banks with about 1700 plus branches and has
6 Training Centres across India.
Bank invites Bids from the bidders who are eligible as per criterion given under eligibility
criteria.
3. Pre-eligibility Criteria
The bidder should participate in the tender process only if they fulfill the Pre-eligibility
criteria mentioned in Annexure-F failing which their Bid documents will not be
processed further.
This RFP is open to all System Integrators (SI) / Original Equipment Manufacturers
(OEM) / Application / Service Providers having presence in India or their authorized
representative in India, provided firms fulfill the minimum qualification criteria as
mentioned in bid document. In case of authorized representative, a letter of
authorization to this effect from their OEM must be furnished.
4. Terms and Conditions of Contract (TCC)
TCC are as per Appendix-1
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Services for Online Card Transactions and Other Products
Private & Confidential Page 11
5. Scope of Work
5.1. General
1) Implement 2FA for Bank of India Mastercard, Visa & Rupay Debit & Credit Cards, NCMC Card, Prepaid Card and any Other Products as identified by Bank in a hosted model for Bank of India and Sponsored RRB
2) Provide Bank of India with a 3D Secure compliant, 2FA flow to generate , validate
and send OTP to cardholders for every new e-Commerce transaction using VISA/Rupay/MasterCard/NCMC and other Prepaid card
3) Integration with the Bank’s system through file upload for cardholder’s mobile number fetch.
4) Deployment of required hardware, firmware, software, application, connectivity with
the card schemes at selected service provider’s location(The selected service provider will have to provide networking equipment for point to point connectivity with fail over backup from its primary Data Centre & Disaster Recovery/backup site to Bank’s Data Centre & Disaster Recovery Site
5) Setup and implementation with the Bank’s host / card schemes (after all necessary
testing/ sign offs, production movement, including Bank, Bank’s vendor and third party dependencies, etc.) should be completed as per the timeline mentioned in the RFP
6) Provide for all integration and implementation support for connectivity and data transfers between the Bank or Bank’s authorized site serviced by third party and the service provider’s site where the proposed solution is hosted
7) Ensure implementation and maintenance of all industry best practices and stringent
data security related to services including under this RFP
8) Ensure uninterrupted services to the Bank and for the same,must have appropriate Business Continuity/ backup plans, functional backup/ DR setup
24x7 Support for Level 2 operations – technical & daily operations
9) Implementation of on-going maintenance of the implanted service including patches, card network and regulator mandated updates and changes
10) Migrate, if required the existing card data to the proposed solution without any
service impact to the existing customers
11) Ensure compatibility of the systems, data formats, connectivity, etc. at all levels for successful implementation and functioning of the services
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 12
12) Enable suitable information security / cyber security and secure configuration in respect of the components, and utilities in the system, as per requirement of the bank and regulatory bodies from time to time
13) Not disclose or use any information and data generated during Solution integration
such as user details, sensitive information like Power on Authentication credentials & Proof of Identity credentials, queries, responses, statistical data, and so forth, with any third party.
14) Respond to emergency events on urgent basis as per the SLA
15) The bidder shall provide the architecture of the proposed solution include features
and functionality designed to minimize impact on production servers, applications, and network bandwidth and ultimately the end user of the production.
16) The bidder should be responsible for resolving any compatibility issues with existing
hardware & software infrastructure during deployment and maintenance of the Solution
17) The bidder shall review the policies and procedures of the Bank and should
configure the software in such a way so as to offer the solution to the customer within the purview of Bank’s policy keeping in view the best industry practise
18) Bidder is required to set up DR without any extra cost to the Bank
19) Bidder should comply with all the guidelines issued by RBI/IBA/Govt of India and any other regulatory authority issued from time to time.
20) Should provide Customer support, operations and MIS reports as per the Bank’s requirement
21) Should get the activities and or functions audited from time to time as per the requirements of the Bank, VISA, Master Card, NPCI, Reserve Bank of India or any other statutory body, where ever applicable. Cost of such audit should be borne by the Bidder throughout the period of agreement.
22) The Bidder shall be responsible for monitoring of the network/devices used by them.
23) The Bidder shall do proactive monitoring and do capacity planning at regular intervals and arrange for upgrade of infrastructure. However, there should not be any cost to the Bank for application software or network upgrade.
24) Bidder has to complete the integration with Banks existing/future systems and features, not limited to the following:
RFP for selection of service Provider for Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products
Private & Confidential Page 13
25) Bank may arrange Third party Audit of the services offered along with the audit of
the processes followed for identifying transactions being billed
5.1.1. Implementation
Bidder has to implement the ACS services for online card transaction and Other
Products as per the Bank’s requirement by integrating with all the required for all
the application/interface/corporates as per the Bank requirement. However, there
is no restriction on the number of switch, card type etc
5.2. Technical Inspection and Performance Evaluation
The Bank reserves its right to carry out technical inspection, reference site visit and
performance evaluation (benchmarking) of proposed software for solution offered
by short-listed Bidders, as per the discretion of the Bank.
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
Bidders are also required to do presentation showcasing their software capability
as part of their technical evaluation.
The tender is being issued to the Bidders whose role as tender respondent is
reiterated below:
The Bidder is expected to propose and provide solution which are integrated.
5.3. System Commissioning & Deliverables –
To supply, commission, install/re-install, test, configure/reconfigure and maintain &
provide supports for the Solution
Following should be delivered to the Bank:
i. ACS services for OTP Generation, Validation and Delivery
ii. User & Quick reference manuals
iii. Training and Documentation
iv. Integration with necessary switch and application (if any)
Solution should be updated with all the latest information related to Bank's existing
as well as newly introduced products and services at any point of time.
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Services for Online Card Transactions and Other Products
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5.4. Training Bank may ask for training to its officials, if required in future
SLA definition and measurement
i) Timeline and Penalty for delay in project implementation
Setup and implementation with the Bank’s host / card schemes (after all necessary
testing/ sign offs, production movement, including Bank, Bank’s vendor and third
party dependencies, etc.) should be completed within 6 weeks from the date of
Purchase Order.
However, notwithstanding the schedule given above, Bank reserves the right to
cancel the order at any given point of time, if vendor fails to meet any of the
milestones, except for reasons beyond the control of the bidder.
Vendor has to guarantee minimum system uptime of 99.5% and should execute
Service Level Agreement (SLA) for the same. The vendor has to provide proper
evidence to support their claim of capability to provide these services. Further
premium support should be provided directly from OEM.
5.5. Performance
Bidder/SI has to ensure proper sizing of hardware and in no case it should be
oversized. Sizing of the hardware has to be done in such a way that the average
daily (8 am to 8 pm) CPU and Memory utilization should be between 20%-70%.
Bidder should maintain and size the Hardware so as to meet the required SLA
5.6. Penalties:
a) Penalty due to delay in Services
Transaction has to be made live within the specified time frame 6 weeks of Purchase Order, failing which Bank will levy a penalty of 1% of the Contract Value for every week delay, capped to Max of 10% of PO Value
Bank reserves the right to Cancel the Purchase Order, Terminate the Contract, Forfeit the Performance Bank Guarantee and Blacklist the Vendor, in case the Vendor exceeds the threshold limit of Delay for item above. Bank, at its sole discretion, may exercise any or all of the options against the Vendor, in such circumstances.
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Services for Online Card Transactions and Other Products
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b) Penalty Due to downtime
The Bank expects an uptime of 99.5% for the complete solution on monthly basis. In case the uptime is not maintained with the uptime as stipulated, Bank shall charge the penalties as under:
Uptime Penalties (on monthly basis) basis)
< 99.5% up to 99% 2% of the processing fees paid for the month
< 99% up to 98% 3% of the processing fees paid for the month
< 98% up to 97% 5% of the processing fees paid for the month
< 97% 10% of the processing fees paid for the month
c) For Declined/Failed Transaction on account of Technical error(applicable on
Monthly basis) :
Failed Transaction is 10% of
total Transaction in Month
2% of the processing fees paid for the
month
Failed Transaction is 20% of
total Transaction in Month
3% of the processing fees paid for the
month
Failed Transaction is 30% of
total Transaction in Month
5% of the processing fees paid for the
month
Failed Transaction is 40% of
total Transaction in Month
10% of the processing fees paid for the
month
SLA will be monitored on Monthly basis. Penalty due to downtime, during five years of contract period will be deducted from any subsequent payment to be made to the Vendor.
Penalty are not mutually exclusive of each other i.e. each type of penalty can be levied simultaneously. Maximum deducted penalty of one type will not affect any other type of penalty i.e. both types of penalties can be levied up to their maximum limit simultaneously.
5.7. Bid Compliance
It is responsibility of bidders to ensure that all the items quoted are complying with
the technical requirement. Further, they have to ensure that all the required
items/license which in their opinion are needed to make the system operational, are
included in their technical bid and appropriately accounted in the indicative
commercial bid. Bank will not pay any additional charges.
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Services for Online Card Transactions and Other Products
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5.8. Supply and maintenance of third party software
The bidder/SI shall supply, install and maintain Operating System, RDBMS, Application Server, web server etc. Bidder/SI to provide copy of back to back agreement with the respective vendor, where the same is supplied by the bidder/SI.
The service provider will not disclose or use any information and data generated
during sessions such as user details, queries, responses, statistical data, and so
forth, with any third party.
5.9. System & Security Audit
Before live implementation of the software solution in production system, the
product may be audited by Bank’s appointed Software Audit firm/in house team.
All audit points raised by the Software Auditor should be complied with by the
selected bidder without any extra charge within the timeline specified by the
bank.
During contract period, bidder needs to comply with security and system audit
observation and remove the audit observation without any extra cost to Bank
within the timeline specified by the bank.
The data transfer through network lines must be encrypted, compressed and be
point-to-point.
The solution should have built in security features and compliant with the
requirements of various regulatory agencies.
It should have high level of reliability with particular emphasis on data integrity
and security.
5.10. Software Audit, Rectification and Re-Audit
The Bank shall get the software audited (before/after going to live run) in-house or
by outside agency as per the Bank’s requirement. The vendor shall extend all sorts
of support required for carrying out the audit of the software. The vendor must rectify
the discrepancies / observations in the system, as per the audit report in
consultation with the Bank. There shall not be any additional charges payable by
the Bank for such rectifications. The software shall be re-audited after rectification
to verify that the recommended modifications have been made by the Vendor.
Bank will bear the expenses for Third Party Audit
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5.11. Capability of the Software:
The Solution should be able to cater the following requirements:
1) 2FA Authentication for Online Card Transaction and Other Products as per the Bank’s requirement
2) Meeting the Technical Requirements as per Annexure –Y 3) Fulfill the Transaction Flow as per the Bank’s Requirement. 4) Comply with all the necessary regulation and guidelines 5) Integrate with Bank existing and Future Switch , CBS , Bank’ existing
applications/Interfaces (if any) 6) Reports and alerts generation as per the Bank’s Requirement 7) Support E Mandate as per the architecture provided in Annexure- Z
The solution should be capable/ scalable to take care of future requirement of the Bank.
In case of any customizable functionality, same has to be provided to the Bank as per
the mutually agreed timeline.
5.12. Disaster Recovery – DR
To give a DR plan for the solution proposed, bidder need to take a backup of the
Backed up data in LTO/Harddisk or any other server in DR Site as per the Bank’s
discretion.
The solution should be capable of automatically replicating all data from DC to DR.
The successful bidder shall undertake to supply, install, provide support ,
operationalize and support the DR site as desired
Installation for DR Site without additional cost. Testing of minimum iterations as per
Bank’s security policy shall be done.
Backup should be taken as per the schedule provided by Bank. Data for previous
backup Schedule should be available for recovery at any time
5.13. Order Cancellation
The Bank reserves its right to cancel the entire / unexecuted part of the Purchase Order
at any time by assigning appropriate reasons in the event of one or more of the
following conditions (in addition to the Termination Clause 4.28 of Terms and
Conditions of Contract):
1. Delay in delivery beyond the specified period mentioned above for delivery.
2. Delay in installation, customization and implementation beyond the specified
period mentioned above.
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Services for Online Card Transactions and Other Products
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3. Serious discrepancy noticed during the reference checks.
4. Repetitive software/hardware failures/poor service after the delivery and/or
live-run but before the contract period expiration.
5. Delay in extraction and conversion of legacy data, and uploading of
converted data to proposed solution beyond the stipulated period mentioned
above.
6. Major breach of trust is noticed at any stage of the project.
7. Any other appropriate reason in view of the Bank.
In addition to the cancellation of purchase order, the Bank reserves the right to
foreclose the Bank Guarantee given by the vendor against the payment made to
appropriate the damages.
5.14. Solicitation of Employees
The Bank will insist on a clause that states the parties agree not to hire, solicit, or accept
solicitation (either directly, indirectly, or through a third party) for their employees
directly involved in this contract till full project implementation, except as the parties
may agree on a case-by-case basis.
6. Cost of Bidding
All costs and expenses incurred by Bidders / Vendors in any way associated with the
development, preparation, and submission of responses, including but not limited to
attendance at meetings, discussions, demonstrations, etc. and providing any additional
information required by Bank of India, will be borne entirely and exclusively by the
Bidders / Vendors.
7. Bidding Documents 1. The RFP cannot be sold and / or transferred / assigned. If the same is done, Bid
shall liable to be summarily rejected by Bank. Any decision of the Bank in this
regard shall be final, conclusive and binding on the Bidder.
2. The bidder is expected to examine all instructions, forms, terms and specifications
in the Bidding Document. Failure to furnish all information required by the Bidding
Document or to submit a Bid not substantially responsive to the Bidding Document
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in every respect will be at the Bidder’s risk and may result in the rejection of the
Bid.
3. At any time prior to the deadline for submission of Bids, the Bank, for any reason,
whether, at its own initiative or in response to a clarification requested by a
prospective Bidder, may modify the Bidding Document, by amendment.
4. Notification of amendments will be put up on the Bank’s Website and will be binding
on all Bidders.
5. In order to allow prospective Bidders reasonable time in which to take the
amendment into account in preparing their Bids, the Bank, at its discretion, may
extend the deadline for a reasonable period as decided by the Bank for the
submission of Bids.
6. Each bid shall be in two parts:-
i. Part I- Technical Proposal.
ii. Part II- Price Proposal.
iii. The two parts should be in two separate covers, each super-scribed with the
name of the Project as well as “Technical Proposal” and “Price Proposal” as the
case may be.
7. The Bid shall be typed or written in indelible ink and shall be signed by the Bidder
or a person or persons duly authorized to bind the Bidder to the Contract
(Documentary evidence of authorisation to be submitted in technical proposal).
The person or persons signing the Bids shall initial all pages of the Bids, except for
un-amended printed literature.
8. Any inter-lineation, erasures or overwriting shall be valid only if they are
authenticated - initialed by the person signing the Bids. The Bank reserves the right
to reject bids not confirming to above.
8. Bid Prices
1. The prices indicated in the Price Schedule shall be entered in the following manner:-
The total price quoted should be inclusive of applicable taxes, duties, levies,
charges etc., as also cost of incidental services such as transportation, insurance
etc. But exclusive of Sales Tax / VAT / Service / GST Tax payable as applicable
and Octroi / Entry-Tax payable to Local Government / Municipal Authorities which
will be reimbursed on actual upon production of original receipts.
2. Bids are to be quoted in Indian Rupees only.
3. Price quoted in the Price Schedule as per Annexure-M shall be valid for a minimum
period of Contract Period from the date of acceptance of contract.
4. Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the
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Contract and shall not be subject to variation on any account, including exchange
rate fluctuations, changes in taxes, duties, levies, charges etc. A Bid submitted with
an adjustable price quotation will be treated as non-responsive and will be rejected.
5. However, during the contract period if the market price of product / services has
been on the lower side, the benefit will have to be passed on to the Bank.
9. Bid Security
1. The Bidder shall furnish, as part of its Bid, a Bid security as given in Annexure-N.
2. The Bid security is required to protect the Bank against the risk of Bidder’s conduct,
which would warrant the security’s forfeiture.
3. The Bid security shall be denominated in Indian Rupees and shall be in one of the
following forms:
a) a Bank guarantee for 180 days with a claim period of 90 Days, issued by a Public
Sector / Private Sector / Scheduled Commercial Banks in India (Other than Bank
of India), acceptable to the Bank, in the form as per Annexure-N provided in
the Bid.
OR
b) a Banker’s Cheque / Demand Draft, issued by a Public Sector / Private Sector /
Scheduled Commercial Banks in India, drawn in favour of Bank of India payable
at Mumbai.
4. Any Bid not secured, as above, will be rejected by the Bank, as non-responsive.
5. Unsuccessful Bidders’ Bid security will be discharged or returned as promptly as
possible but not later than sixty (60) days after the expiration of the period of Bid
validity.
6. The successful Bidder’s Bid security will be discharged upon the Bidder signing the
Contract and furnishing the Performance Security as per Annexure-O.
7. The Bid security may be forfeited:
a) if a Bidder withdraws its Bid during the period of Bid validity specified by the
Bidder on the Bid Form; or
b) if a Bidder makes any statement or encloses any form which turns out to be
false/incorrect at any time prior to signing of Contract; or
c) in the case of a successful Bidder, if the Bidder fails;
(i) to sign the Contract;
or
(ii) to furnish Performance Security as mentioned in this RFP.
10. Submission of Bid
Bid should be submitted to the address as given hereunder:
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The General Manager,
Bank of India,
Head Office,
Information Technology Department,
8th Floor, Star House II, “G” Block, C-4,
Bandra (East),
Mumbai – 400 051.
1. The Bidders’ shall seal the envelopes of “Technical Bid” and “Price Bid” separately
and the two envelopes shall be enclosed and sealed in an outer envelope. The
Bidder should additionally submit soft copies of the Technical Bid
Documents, Specification in a CD (Two copies of CDs).
All documents / files in a CD should be in searchable mode and non-editable.
2. The inner and outer envelopes shall:
a) be addressed to the Bank at the address given; and
b) bear the Project Name -
"Bank of India –RFP for selection of service Provider for Authentication
Control Server(ACS) Services for Online Card Transactions and Other
Products RFP ref No: BOI/HO/IT/ACS/2019-20 Dated 22/10/2019 TECHICAL
BID I one envelope
And
"Bank of India - RFP for selection of service Provider for Authentication
Control Server(ACS) Services for Online Card Transactions and Other
Products BOI/HO/IT/ACS/2019-20 Dated 22/10/2019 solution – PRICE BID” in
separate envelopes.
c) All envelopes should indicate on the cover the name and address of the Bidder.
3. If the outer envelope is not sealed and marked, the Bank will assume no
responsibility for the Bid’s misplacement or premature opening.
4. Documents comprising the Technical Proposal Envelope, should contain following:
a) Bid Security Deposit of Rs 10,00,000/- (Rs. Ten lakhs Only)
b) Cost of Tender fee (Non-refundable)
c) All Annexures which are to be submitted in the Technical Bid envelope, as
mentioned in the respective annexure/s.
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d) Acceptance of the terms and conditions
e) Compliance of Technical Specifications
f) Information of Bidder as per formats attached
g) Submission of System design, Storage Calculation sheet & Architecture as per
the Bank’s requirement
h) Bidders experience and compliance
i) RFP including all Annexures with company stamp & signed by authorized
signatory on all pages
j) Documentary evidence of authorisation for a person signing the Bid documents
k) Power of Attorney (as per format attached), Original Reference Letters, Annual
report, Balance sheet , Profit & Loss statement and other supporting documents
as stated in Pre-eligibility criteria (Annexure-F)
l) Annexure-L: Manufacturer’s / Producers’ authorization form wherever
applicable.
m) Masked Price Bid listing all the components dully signed without indicating the
Price.
n) Technical offer indicating compliance to the Bank’s requirement as per the
technical specification.
o) A full description of the Technical Solution and its compliance which should
provide an acceptable solution as described in Technical & Functional
Specifications in the form of literature, drawing and data.
p) Submission of system design, storage calculation sheet and Architecture
q) Two copies of CDs containing Soft copy of all signed Technical Bid documents
as above. All documents / files in a CD should be in searchable mode and non-
editable.
While submitting the Technical Bid, literature on the software / hardware if any,
should be segregated and kept together in one section / lot. The other papers like
Bid Security, Forms as mentioned above etc., should form the main section and
should be submitted in one lot, separate from the section containing literature and
annual accounts.
Any Technical Proposal not containing the above will be rejected. The
Technical Proposal should not contain any price information; such proposal
will be rejected.
5. Documents comprising Price Proposal Envelope, should be :
a) The Proposal Form as per Annexure B as furnished in the Bidding documents
duly signed by the Bidder and completed.
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b) A Full Price Schedule of the Solution indicating all the components of the
solution and services as per Annexure-M
c) Prices quoted in the price bid should be without any conditions. The bidder
should submit an undertaking that there are no deviations to the specifications
mentioned in the RFP either with the technical or commercial bids submitted.
d) Price bids containing any deviations or similar clauses will be summarily
rejected.
6. As mentioned in this RFP, please note to submit the non-refundable bid amount
of Rs. 50,000/- (Rs. FiftyThousand only) by means of a demand draft/pay order
favouring “Bank of India – RFP for selection of service Provider for
Authentication Control Server(ACS) Services for Online Card Transactions
and Other Products – RFP no. BOI/HO/IT/ACS/2019-20 Dated 22/10/2019
payable in Mumbai, in a separate envelope along with Technical Proposal
Envelope while submitting the Bid. Bids are liable to be rejected if the same is not
received while submission of Bid.
The bidder shall bear all the costs associated with the preparation and submission
of the bid. Bank will in no case be responsible or liable for those costs, regardless
of the conduct or the outcome of the tendering process.
11. Deadline for Submission of Bids
1. Bids should be received by the Bank at the address specified, no later than the date
& time specified in the Invitation to Bid.
2. Bank shall not be responsible for any Postal / Courier delay in receiving the BID
documents at specified address after the deadline for submission of Bids prescribed
and such late Bid will be rejected and returned unopened to the Bidder.
3. The Bank may, at its discretion, extend this deadline for the submission of Bids by
amending the Bid Documents, in which case, all rights and obligations of the Bank
and Bidders previously subject to the deadline will thereafter be subject to the
deadline as extended.
4. Late Bid: Any Bid received after the deadline for submission of Bids prescribed, will
be rejected and returned unopened to the Bidder.
12. Modification and Withdrawal of Bids
1. The Bidder may modify or withdraw its Bid after the Bid’s submission, provided that
written notice of the modification, including substitution or withdrawal of the Bids, is
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received by the Bank, prior to the deadline prescribed for submission of Bids.
2. The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked
and dispatched. A withdrawal notice may also be sent by Fax, but followed by a
signed confirmation copy, postmarked, not later than the deadline for submission of
Bids.
3. No Bid may be modified after the deadline for submission of Bids.
4. No bidder shall be allowed to withdraw the bid, if bidder happens to be successful
bidder.
5. No Bid may be withdrawn in the interval between the deadline for submission of
Bids and the expiration of the period of Bid validity. Withdrawal of a Bid during this
interval may result in the Bidder’s forfeiture of its Bid security.
13. Opening and Evaluation of Bids
1. Opening of Technical Bids by the Bank
a) The Bidders’ names, Bid modifications or withdrawals and the presence or
absence of requisite Bid Security and such other details as the Bank, at its
discretion, may consider appropriate, will be announced at the time of technical
Bid opening. No bid shall be rejected at bid opening, except for late bids, which
shall be returned unopened to the Bidder.
b) Bids (and modifications sent) that are not opened at Bid Opening shall not be
considered further for evaluation, irrespective of the circumstances. Withdrawn
bids will be returned unopened to the Bidders.
2. Preliminary Examination
a) The Bank will examine the Bids to determine whether they are complete,
required formats have been furnished, the documents have been properly
signed, and the Bids are generally in order.
b) The Bank may, at its discretion, waive any minor infirmity, non-conformity, or
irregularity in a Bid, which does not constitute a material deviation.
c) The Bank will first examine whether the Bid and the Bidder is eligible in terms of
Annexure-F.
d) Prior to technical evaluation, the Bank will determine the responsiveness of each
Bid to the Bidding Document. For purposes of these Clauses, a responsive Bid
is one, which conforms to all the terms and conditions of the Bidding Document
without material deviations. Deviations from, or objections or reservations to
critical provisions, such as those concerning Bid Security, Applicable Law,
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Performance Security, Qualification Criteria, Insurance, Warranty, AMC and
Force Majeure etc. will be deemed to be a material deviation.
e) The Bank’s determination of a Bid’s responsiveness will be based on the
contents of the Bid itself, without recourse to extrinsic evidence.
f) If a Bid is not responsive, it will be rejected by the Bank and may not
subsequently be made responsive by the Bidder by correction of the non-
conformity.
Bank reserves the right to reject an offer under any of the following circumstances:
a) Bid security is not submitted.
b) Tender Document fees are not paid.
c) Offer is incomplete and/or not accompanied by all stipulated documents.
d) Offer is not in conformity with the terms and conditions stipulated in this
document.
e) Specifications stipulated in Annexures are not met. However, deviations
resulting in higher/superior configuration will be accepted.
f) Bill of Material is not submitted along with Technical Offer.
g) Bill of Material differs from actual Commercial Offer, sans prices.
If required, normalization of TCO would be undertaken on the basis of technical
evaluation, before opening the Commercial Offers.
3. Technical Evaluation :
Bidder has to comply with all the technical specification as provided in Annexure Y.
Bidder who comply with all the technical specification as per the Annexure Y and
are found to be eligible as per the Annexure F will be considered Technically
eligible.
4. Commercial Bids:
a) The Technical Bids will be evaluated as per eligibility criteria. Thereafter the Bank reserves the right of selection of Vendor either by Opening of Commercial Bids of vendors (who are found eligible after evaluation of Technical Bids) or proceed with the selection of Vendor through On Line Reverse Auction.
b) Bidders are requested to submit Commercial Bid as per Annexure M
c) Bids quoted in any currency other than INR will be disqualified.
d) Indicative Commercial bids of only technically qualified short listed bidders will
be opened.
e) Bank’s evaluation of the commercial bids will take into account the status of
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compliance of terms and conditions.
f) Bank will open the commercial offer of all the technically qualified Bidders before
the reverse auction process to arrive at the opening price (indicative price bid)
for the Reverse Auction. However, there would be no compulsion on the part of
the Bank to accept these prices as Bench Mark for determining the Start Bid
price and the Bank may at its discretion use any other process / methodology to
determine the Start Bid Price without having to disclose the basis to the Bidders.
Bank also reserves the right to go for reverse auction or consider the indicative
price for arriving at L1.
g) All technically qualified Bidders would participate in the reverse auction through
the e-tendering process. The bidder has to participate in the e-tendering process
adopted by the Bank and comply with the procedure mentioned in the e-
tendering process prescribed by the Vendor appointed by the Bank for e-
tendering.
h) It is mandatory for all technically qualified Bidders to log in to Reverse Auction
Portal.
i) Successful vendor has to provide a revised Commercial Bill of material as per
per the price quoted in Reverse Auction
14. Awarding of Contract
1. Award Criteria
After completion of bid evaluation process, Reverse Auction process would be
conducted, as per the process mentioned in this RFP, of those bidders who are
technically eligible as per clause 13 (3) of technical evaluation.
Contract/PO will be awarded to the successful Bidder for the products/items to be
procured by the Bank, which may not include all the products/items which is being
quoted by the Bidder. Bank may issue multiple PO
2. Notification of Award
a) Prior to expiration of the period of Bid validity, the Bank will notify the successful
Bidder in writing or by e-mail, that its Bid has been accepted.
b) The notification of award will constitute the formation of the Contract.
c) Upon notification of award to the successful Bidder, the Bank will promptly notify
each unsuccessful Bidder and will discharge its Bid security.
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3. Signing of Contract
a) Successful vendor need to execute the Contract as per Bank’s Contract Form
Annexure P and stamp duty to be paid by the vendor
b) Within seven (7) days of the issuance of Purchase Order and acceptance
thereof, successful bidder has to submit Contract Form to the Bank duly dated
and signed by the authorized signatory.
c) In the absence of a formal contract, the Bid document, together with the Bank’s
notification of award and the vendor’s acceptance thereof, would constitute a
binding contract between the Bank and the successful Bidder
d) The Bank reserves the right either to invoke the Performance Bank Guarantee
or to cancel the purchase order or both if the Bidder fails to meet the terms of
this RFP or contracts entered into with them
15. Contacting the Bank
a) No Bidder shall contact the Bank on any matter relating to its Bid, from the time
of opening of Price Bid to the time the Contract is awarded.
b) Any effort by a Bidder to influence the Bank in its decisions on Bid evaluation,
Bid comparison or contract award may result in the rejection of the Bidder’s Bid.
16. Performance Security
1. Performance Security in the required format to be submitted by the successful
bidder as per Clause 4.6 of TCC.
2. Failure of the successful Bidder to comply with the requirement of ‘Signing of
Contract ‘ as stated above , shall constitute sufficient grounds for the annulment
of the award and forfeiture of the Bid security.
17. Pre-Bid Meeting
Queries received till the date as mentioned in the schedule written above, will be
addressed during Pre-Bid Meeting.
18. Contract Period
Contract period is 5 years. Although the period of contract period is 5 years Bank
reserves the right to extend the same at the same rate for another 6 months or
selection of vendor whichever is earlier.
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Bank also reserves the right to renew the contract after expiry of 5 years as per the
rate agreed upon by Bidder and Bank
************************
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Appendix-1
TERMS AND CONDITIONS OF CONTRACT (TCC)
TABLE OF CLAUSES
Clause No.
Topic Clause No.
Topic
4.1 Definitions 4.22 Liquidated Damages
4.2 Country of Origin 4.23 Force Majeure Termination
4.3 Standards 4.24 Termination
4.4 Use of Contract Documents and Information
4.25 Consequences of Termination
4.5 Patent Rights 4.26 Relationship between the parties
4.6 Performance Security 4.27 Resolution of Disputes
4.7 Inspection & Quality Control Tests
4.28 Governing Language
4.8 Manuals / Documentation 4.29 Applicable Law
4.9 System & Other Software 4.30 Addresses for Notices
4.10 Errors and Omissions 4.31 Taxes and Duties
4.11 Acceptance Procedure 4.32 SI Integrity
4.12 Delivery & Documents 4.33 SI’s obligations
4.13 Insurance 4.34 Compliance with law
4.14 Warranty 4.35 Violation of Terms
4.15 Maintenance Services 4.36 Variation
4.16 Payment Terms 4.37 Site Preparation and Installation
4.17 Prices and Taxes 4.38 Commissioning of the Solution
4.18 Change Orders 4.39 Technical Documentation
4.19 Contract Agreement & Amendments
4.40 Right to use defective product
4.20 Assignments 4.41 Suspension of Payment
4.21 Delay in SI’s Performance
4.42 Police Verification of resources deputed at our site (DC/DR)
4.43 Indemnity
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4.1 Definitions
In this Contract, the following terms shall be interpreted as indicated:
4.1.1 “Successful Bidder” is the Bidder whose technical bid has been accepted and whose
price as per the commercial bid/ Reverse Auction is the lowest and notification of
award has been given by Bank.
4.1.2 “SI” means System Integrator who is selected as successful Bidder.
4.1.3 “The Contract” means the agreement entered into between the Bank and the SI, as
recorded in the Contract Form signed by the parties, including all attachments and
appendices thereto and all documents incorporated by reference therein;
4.1.4 “The Contract Price” means the price payable to the bidder/SI under the Contract
for the full and proper performance of its contractual obligations;
4.1.5 “Deliverables” means all software, hardware, database, middleware, equipment,
manpower and services of all types including that of supply, services,
customization, enhancements, maintenance, monitoring of ACS Transactions
4.1.6 “TCC” means the Terms and Conditions of Contract contained in this section;
4.1.7 “The Project” means implementing Authentication Control Server(ACS) Services for
Online Card Transactions and Other Products by integrating it with the Banks’s
application/interfaces/switch as per the terms & conditions laid down in RFP.
4.1.8 ‘L1’ means the bidder whose price as per the commercial bid / Reverse Auction is
the lowest.
4.2. Country of Origin / Eligibility of Goods & Services
4.2.1 All goods and related services to be supplied under the Contract shall have their
origin in eligible source countries, as per the prevailing Import Trade Control
Regulations in India.
4.2.2 For purposes of this clause, “origin” means the place where the goods are mined,
grown, or manufactured or produced, or the place from which the related services
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are supplied. Goods are produced when, through manufacturing, processing or
substantial and major assembly of components, a commercially-recognized product
results that is substantially different in basic characteristics or in purpose or utility
from its components.
4.3 Standards
4.3.1 The Goods supplied under this Contract shall conform to the standards mentioned
in the Technical Specifications, and, when no applicable standard is mentioned, to
the authoritative standards appropriate to the Goods’ country of origin. Such
standards shall be the latest issued by the institution concerned.
4.4. Use of Contract Documents and Information
4.4.1 The bidder/SI shall not, without the Bank’s prior written consent, disclose the
Contract, or any provision thereof, or any specification, plan, drawing, pattern,
sample or information furnished by or on behalf of the Bank in connection therewith,
to any person other than a person employed by the bidder/SI in the performance of
the Contract. Disclosure to any such employed person shall be made in confidence
and shall extend only as far as may be necessary for purposes of such performance.
4.4.2 The bidder/SI shall not, without the Bank’s prior written consent, make use of any
document or information for purposes of performing the Contract.
4.4.3 Any document, other than the Contract itself, shall remain the property of the Bank
and shall be returned (in all copies) to the Bank on completion of the SI’s
performance under the Contract, if so required by the Bank.
4.4.4 The bidder shall sign a non-disclosure agreement as per Annexure-E. Successful
Bidders to submit a non-disclosure agreement as per Annexure-E on non-judicial
stamp paper of appropriate value before signing the contract.
4.4.5 By virtue of awarding the Contact to the selected Vendor and in the course of its
performance, the Vendor may have access to the Confidential Information of the
Bank and its Customers. The Vendor is aware that Confidential Information is
valuable Information of the Bank and any disclosure of which would cause
irreparable loss and damage to the Bank for which monetary compensation may not
be adequate and accordingly the Vendor agrees and undertakes to hold the
Confidential Information as confidential and shall not disclose the same including to
any third party and the Vendor also agrees that its employees, agents, sub-
contractors shall also maintain Confidentiality of the Confidential Information. The
Vendor agrees that it shall neither use, nor reproduce for use in any way, any
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Confidential Information of the Bank. The Vendor agrees to protect the Confidential
Information of the Bank with at least the same standard of care and procedures
used by them to protect its own Confidential Information of similar importance.
Without limitation of the foregoing, the Vendor shall advise the Bank immediately in
the event that the Vendor learns or has reason to believe that any person who has
had access to Confidential Information has violated or intends to violate the terms
of this Agreement, the Vendor shall immediately seek injunctive relief against any
such person, at the Vendors cost and expenses. If the Vendor hires another person
to assist it in the performance of its obligations under the Contract, or assigns any
portion of its rights or delegates any portion of its responsibilities or obligations under
this Agreement to another person, it shall cause its assignee or delegatee to be
bound by the confidentiality of the Confidential Information in the same manner as
the Vendor is bound to maintain the confidentiality.
For the purpose of this clause “Confidential Information” shall mean all nonpublic
information, of the Bank and its customers which is accessible by or is available to
the Vendor directly or indirectly, whether in writing, oral, graphic, visual or any other
tangible, intangible or electronic form including, without limitation, any and all
information relating to the Bank's staff or its clients/customers (whether past,
present, or future), financial data, financial results and projections, costs and prices,
details of Banks employees and consultants (past, present or prospective),
technologies, technical and business strategies, business and marketing plans,
marketing and sales techniques, pricing and other strategies, computer programs,
software tools, source codes, object codes, protocols, product descriptions,
development schedules, Software positioning, choices of Software names, trade
secrets or know how, customer information and Intellectual Property Rights (defined
later) as well as any such information not generally known to third parties or received
from others.
4.5. Patent Rights
4.5.1 In the event of any claim asserted by a third party of infringement of copyright,
patent, trademark, industrial design rights, etc., arising from the use of the Goods
or any part thereof in India, the bidder/SI shall act expeditiously to extinguish such
claim. If the bidder/SI fails to comply and the Bank is required to pay compensation
to a third party resulting from such infringement, the bidder/SI shall be responsible
for the compensation to claimant including all expenses, court costs and lawyer
fees. The Bank will give notice to the bidder/SI of such claim, if it is made, without
delay. The bidder/SI shall indemnify the Bank against all third party claims.
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4.6 Performance Security
4.6.1 Within the period of 21 days from Date of receipt of notification of Contract award,
the bidder/SI shall furnish to the Bank, the Performance Security for an amount of
10% of Total Contract Cost valid for minimum period of Contract plus three months.
4.6.2 The proceeds of the Performance Security shall be payable to the Bank as
compensation for any loss resulting from the SI’s failure to complete its obligations
under the Contract.
4.6.3 The Performance Security shall be denominated in Indian Rupees and shall be by
way of Bank Guarantee issued by a Public / Private Sector Bank in India (Other than
Bank of India), acceptable to the Bank in the Annexure-O provided in the Bid.
4.6.4 The Performance Security will be discharged by the Bank and returned to the
bidder/SI not later than the period of 90 days, following the date of completion of the
SI’s performance obligations under the Contract.
4.6.5 In the event of any contract amendment, the bidder/SI shall, within the period of 21
days after receipt of such amendment, furnish the amendment to the Performance
security, rendering the same valid for the duration of the Contract plus three
months. In the event of any correction of defects or replacement of defective
software/products/equipment/system during the contract/warranty period, the
warranty for the corrected / replaced software/products/equipment/system shall
co-terminate with the contract period.
4.7 Inspection and Quality Control Tests
4.7.1 The Bank reserves the right to carry out pre-shipment inspection by a team of Bank
officials, of any of the existing live installations of the bidder/SI referred to in the
Technical Bid or demand a demonstration of the solution proposed on a
representative model in bidder’s office.
4.7.2 The Bank’s right to inspect, test and where necessary reject the products after the
products arrival at the destination shall in no way be limited or waived by reason of
the products having previously being inspected, tested and passed by the Bank or
its representative prior to the products shipment from the place of origin.
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4.7.3 Nothing stated hereinabove shall in any way release the bidder/SI from any warranty
or other obligations under this contract.
4.7.4 Vendor shall keep complete and accurate records of its activities in connection with
the said contract. Vendor shall provide such details/information as may be called
for by the Bank and/or the Reserve Bank of India (RBI) and also allow the Bank and
RBI, their auditors, officers for inspecting, examining and auditing Vendor’s records,
whenever required by Bank/RBI. Vendor will co-operate with the RBI/Bank’s
internal or external auditor to assure a prompt and accurate audit. If the Bank
permits the Vendor to outsource any of the activities under this contract (which shall
always be in writing), the Vendor shall ensure that necessary agreement is entered
into with the Agency engaged for such purpose and such agreement shall also
contain necessary mandate by the said outsourced agency interalia agreeing for
production of documents called for, inspection and audit of their premises and
books by RBI and / or the Bank and any Agencies engaged by the Bank and / or by
the RBI. Vendor shall also correct any practices which are found to be deficient if
pointed out by the RBI/Bank. The Vendor is aware that failure to provide the
information called for within the stipulated time to the Bank/RBI may result in RBI
imposing fine on the Bank /Vendor and the Vendor agrees that all such fine shall
be paid by the Vendor irrespective of whether such fine is levied on the Bank or the
Vendor. Payment of fine by Vendor, shall not affect the right of the Bank/RBI to take
other actions against the Vendor.
4.8 Manuals / Documentation
4.8.1 Before the products / system is / are taken over by the Bank, the bidder/SI shall
supply technical / systems Manuals for all the Systems supplied and for all required
interfaces. Operation and maintenance Manuals for all the systems and applications
covering the operations needed to start, run, other operations, transfer to fall back
system / site including business continuity plan to be provided by the vendor. User
manuals for Administrative Office / Zones / branches for all the models shall be
provided by the vendor. The manuals shall be in English and Hindi.
4.8.2 Unless and otherwise agreed the products and equipment shall not be considered
to be completed for the purpose of taking over until such manuals have been
supplied to the Bank.
4.8.3 The bidder/SI shall provide one set of Design Manual, System Manual, User
manual and Security Manual for all the supplied products. The bidder/SI shall also
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provide one soft copy of each of the manuals. Soft and hard Copy Manuals shall
commensurate with number of installations of Products in the Bank.
4.8.4 Documentation should be comprehensive & include:
Product Literature.
Operating manuals.
General Specifications.
Operator Reference manuals for each operator task.
Messages manuals.
Documentation on troubleshooting.
4.9 For the System & other Software, the following will apply:
4.9.1 The bidder/SI shall provide complete and legal documentation of all subsystems,
licensed operating systems, licensed system software, and licensed utility software
and other licensed software. The bidder/SI shall also provide licensed software for
all software products whether developed by it or acquired from others. There shall
not be any default in this regard.
4.9.2 In case the bidder/SI is providing software which is not his proprietary software then
the bidder/SI should submit evidence in the form of agreement he has entered into
with the software vendor which includes support from the software vendor for the
proposed software for the full period required by the Bank.
4.10 Errors and Omissions
Each Recipient should notify the Bank of any error, fault, omission, or discrepancy
found in this RFP, one day in advance before the pre-bid meeting date.
4.11 Acceptance Procedure
4.11.1 The acceptance criteria for the proposed solution is –
The User acceptance test will be carried out as per mutually agreed Acceptance
Test Plan (ATP) against the systems requirements. The system will be considered
accepted only after ATP is completed as per the agreed plan and is duly
signed/certified by the Bank and the bidder.
Some of features required to be completed are enumerated below:
Solution should have all the features as per the Technical specification.
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The equipment is fully installed, commissioned and operational
The main features specified in the RFP / Scope of Work / Technical
Specifications / mutually agreed for implementation should be demonstrated.
The final acceptance of the system will be based on successful processing
under live demonstration.
4.11.2 On successful completion of installation, commissioning, acceptability test, receipt
of deliverables etc., and after the solution runs successfully after going live and
Bank is satisfied with the working of the system, the acceptance certificate (as
mutually decided and approved by the Bank) signed by the bidder/SI and the
representative of the Purchaser will be issued. The date on which such certificate
is signed shall be deemed to be the date of successful commissioning of the
systems as per Annexure-Q.
4.11.3 A Bidder will, by responding to the Bank’s RFP document, be deemed to have
accepted the terms as stated in this RFP document.
4.12 Delivery and Documents
4.12.1 Delivery of the Products shall be made by the bidder/SI in accordance with the
system approved / ordered. The details of the documents to be furnished by the
bidder/SI are specified hereunder:-
(i) 2 copies of SI’s Invoice showing Contract number, Products description,
quantity, unit price and Total amount.
(ii) Delivery Note or acknowledgement of receipt of Products from the Consignee
or in case of products from abroad original and two copies of the negotiable
clean Airway Bill.
(iii) 2 copies of packing list identifying contents of each package.
(iv) Insurance Certificate.
(v) Manufacturer’s / SI’s warranty certificate.
(vi) Certificate of Origin.
The above documents shall be received by the Bank before arrival of Products
(except where it is handed over to the Consignee with all documents) and if not
received the bidder/SI will be responsible for any consequent expenses.
4.13 Insurance
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4.13.1 The insurance shall be in an amount equal to 110 percent of the value of the
Products from “Warehouse to final destination” on “All Risks” basis including Theft,
War Risks and Strikes, valid for a period not less than 3 months after installation
and commissioning and issue of acceptance certificate by the Bank.
4.13.2 Should any loss or damage occur, the bidder/SI shall:-
a. initiate and pursue claim till settlement and
b. promptly make arrangements for repair and / or replacement of any damaged
item irrespective of settlement of claim by the underwriters.
c. The Software to be supplied will be insured by the vendor against all risks of
loss or damage from the date of shipment till such time it is installed at the Bank’s
site. Certificates of the “Comprehensive Insurance Cover” will be submitted to
the Bank for verification/examination and record. The vendor shall take the
insurance cover from a Government of India recognized insurance company
only.
4.14 Contract Period / Warranty / Uptime
4.14.1 The bidder/SI warrants that the products supplied under the Contract are of the
most recent licensed version legally obtained complying with licensing policy of the
OEM and that they incorporate all recent improvements in design and / or features.
The bidder/SI further warrants that all the Products supplied under this Contract
shall have no defect, arising from design or from any act of omission of the SI, that
may develop under normal use of the supplied products in the conditions prevailing
in India
4.14.2 .The bidder/SI shall in addition comply with the performance guarantee specified
under the Contract. If, for reasons attributable to the SI, these guarantees are not
attained in whole or in part the bidder/SI shall make such changes, modifications
and / or additions to the Products or any part thereof as may be necessary in order
to attain the contractual guarantees specified in the Contract at its own cost and
expense and to carry out further performance tests.
4.14.3 The Bank shall promptly notify the bidder/SI in writing of any claims arising under
this contract
4.14.4 Upon receipt of such notice the bidder/SI shall with all reasonable speed, repair or
replace the defective products or part thereof without cost to the Bank.
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4.15 Maintenance Service
4.15.1 The bidder/SI shall provide free maintenance services during the period of
contract/warranty. Professionally qualified personnel who have expertise in the
hardware and system software supplied by the vendor will provide these services.
4.15.2 The entire solution is required to be up and running for 99.95% on a quarterly basis
and the services should be available as per the mentioned SLA
The percentage of uptime will be calculated based on the time taken to repairs &
rectify the fault from the time the complaint is lodged till it gets resolved / rectified
satisfactorily.
a) The bidder/SI shall ensure that faults/issues/defects etc. and failures intimated by
Bank through any mode of communication like call/e-mail/fax etc. are to be set
right as per SLA
4.15.3 Bidder has to provide proper evidence to support the claim of capability to provide
these services. Further, premium support should be provided directly from OEM.
4.16 Payment Terms
4.16.1 Payment shall be made in Indian Rupees, as under:
Bank will make payment on a monthly basis after deducting penalty if any as per this RFP within 20 days of submission of the undisputed invoices (with all required supporting documents) or receipt of written clarifications on the invoice sought by the Bank whichever is later, after duly complying all the guidelines of this RFP and subsequent agreement. The Bank will not make any advance payment. The Bank will only pay for services availed by the Bank. The Bank will not pay or is not bound to pay for services not procured/ availed by the Bank. 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 and lodging etc.
4.16.2 Rejection
a) Prices, which are not quoted as per the given format, can be rejected. The Bank
reserves its right to reject any bid submitted with an adjustable price quotation.
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b) Prices should be furnished item-wise with break-up of unit costs as per Indicative
Commercial bid Annexure-M.
c) Any bid received, which is not in line with these conditions will be summarily
rejected. Any commercial bid, which is conditional and/or qualified or subjected
to suggestions or attaching any addendum / annexure will also be summarily
rejected.
4.16.3 Future Customisation charges, if any wherever agreeable by Bank / shall be
payable on actual man days utilization and at the rate applicable for the year as per
the approvals of Change Request. The 100% payment shall be made upon
successful deployment of customization in Production and its acceptance sign-off
by Bank .This is applicable only for the major Change requirement
4.16.4 In case the Bank joins any other payment network / takes over or merges with any
other Bank and/ or requires transaction processing for any other subsidiary/
associate of the Bank in future, the selected service provider should accommodate
the same without any additional cost to the Bank.
4.16.5 In the event of any modifications/ changes in the processes / specifications for any
of the deliverables, etc., selected service provider will have to accommodate the
same at no additional cost to the Bank.
4.16.6 Any component that has not been delivered or if delivered is not operational, will be
deemed / treated as non-delivery thereby excluding the Bank from all payment
obligations under the terms of this contract. Partial delivery of products is not
acceptable and payment would be released as per terms only after full delivery
4.16.7 No advance payment will be given
4.16.8 Payment against Bank Guarantees, if any specifically mentioned in the RFP:
a) Where all the payments to be made against Bank guarantees, the Bank
guarantees shall be issued by a public/ private sector Bank in India (other than
Bank of India), acceptable to the Bank .
4.17 Prices and Taxes
4.17.1 Prices payable to the bidder/SI as stated in the Contract shall be firm and not
subject to adjustment during performance of the Contract, irrespective of reasons
whatsoever, including exchange rate fluctuations, changes in taxes, duties, levies,
charges etc.
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4.17.2 The total price quoted should be inclusive of applicable taxes, duties, levies,
charges etc., as also cost of incidental services such as transportation, insurance
etc. But exclusive of Sales Tax / VAT / Service / GST Tax payable as applicable
and Octroi / Entry-Tax payable to Local Government / Municipal Authorities which
will be reimbursed on actual basis upon production of original receipts
4.17.3 The cost must be indicated as Fixed Price in Indian Rupees only, including the
following:
a) Cost of the software, hardware, support (AMC/ATS).
b) Installation, setup and Implementation
c) Support during the Contract Period
d) Transaction Processing
4.18 Change Orders
4.18.1 If any such change causes an increase or decrease in the cost of, or the time
required for the SI’s performance of any provisions under the Contract, an equitable
adjustment shall be made in the Contract Price or delivery schedule, or both, and
the Contract shall accordingly be amended. Any claims by the bidder/SI for
adjustment under this clause should be asserted within thirty (30) days from the
date of SI’s receipt of Bank’s change order.
4.19 Contract Agreement &Amendments
4.19.1 The vendor shall execute the contract / Agreement / Service Level Agreement (SLA)
in the format devised by the Bank
4.19.2 No variation in or modification of the terms of the Contract shall be made, except
by written amendment, signed by the parties.
4.20 Assignment
4.20.1 The bidder/SI shall not assign, in whole or in part, its obligations to perform under
the Contract, except with the Bank’s prior written consent.
4.21 Delays in the SI’s Performance
4.21.1 Delivery, Installation and commissioning of the products will be made well in time
to adhere to project timelines mentioned in this RFP.
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4.21.2 If at any time during performance of the Contract, the bidder/SI or its
subcontractor(s) should encounter conditions impeding timely delivery of the
Products and performance of Services, the bidder/SI shall promptly notify the Bank
in writing of the fact of the delay, its likely duration and its cause(s). As soon as
practicable after receipt of the SI’s notice, the Bank shall evaluate the situation and
may, at its discretion, extend the SIs’ time for performance, with or without liquidated
damages, in which case, the extension shall be ratified by the parties by
amendment of the Contract.
4.21.3 Except as provided in the above clause, a delay by the bidder/SI in the performance
of its delivery obligations shall render the bidder/SI liable to the imposition of
liquidated damages, unless an extension of time is agreed upon without the
application of liquidated damages.
4.22 Liquidated Damages
4.22.1 If the Vendor fails to deliver any or all of the Products or any customization or
perform the Services within the time period(s) specified in the Contract or
subsequently in change request, the Bank shall, without prejudice to its other
remedies under the Contract, and unless otherwise extension of time is agreed
upon without the application of Liquidated Damages, deduct from the Contract
Price, as liquidated damages, a sum equivalent to 1 percent per week or part
thereof Purchase Order value subject to maximum deduction of 10% of the
Purchase Order Value. Once the maximum deduction is reached, the Bank may
consider termination of the Contract.
The Bank is entitled to withhold (deduct) from the purchase price or any other
amount which is due to supplier from this contract or any other contract.
4.23 Force Majeure
4.23.1 Notwithstanding the provisions of TCC, the bidder/SI shall not be liable for forfeiture
of its performance security, liquidated damages, or termination for default if and to
the extent that it’s delay in performance or other failure to perform its obligations
under the Contract is the result of an event of Force Majeure.
4.23.2 For purposes of this clause, “Force Majeure” means an event beyond the control of
the bidder/SI and not involving the SI’s fault or negligence and not foreseeable.
Such events may include, but are not restricted to, acts of the Bank in its sovereign
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capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and
freight embargoes.
4.23.3 If a Force Majeure situation arises, the bidder/SI shall promptly notify the Bank in
writing of such condition and the cause thereof. Unless otherwise directed by the
Bank in writing, the bidder/SI shall continue to perform its obligations under the
Contract as far as is reasonably practical, and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event.
4.24 Termination
A. Bank / the Purchaser, reserves the right to terminate the Contract/ Agreement and
recover expenditure incurred by the bank by giving the Contractor a prior and written
notice of 90 days indicating its intention to terminate the Contract / Agreement under
the following amongst other circumstances:
a) Where it comes to Bank’s the Purchaser’s attention that the Contractor/ (or the
Contractor’s team) is in a position of actual conflict of interest with the interests
of Bank / the Purchaser, in relation to any of terms of the Contractor’s Bid or the
Contract / Agreement.
b) Where the Contractor’s ability to survive as an independent corporate entity is
threatened or is lost owing to any reason whatsoever, including inter-alia the
filing of any bankruptcy proceedings against the Contractor, any failure by the
Contractor to pay any of its dues to its creditors, the institution of any winding
up proceedings against the Contractor or the happening of any such events that
are adverse to the commercial viability of the Contractor.
(i) In the event of the happening of any events of the above nature, Bank / /the
Purchaser shall reserve the right to take any steps as are necessary, to
ensure the effective transition of the Service(s) to the next successor
Contractor, and to ensure business continuity.
(ii) The selected Bidder commits a breach of any of the terms and conditions of
the tender/contract.
(iii) The progress regarding execution of the contract, made by the selected
Bidder is found to be unsatisfactory.
(iv) If the delivery is delayed by more than two weeks from the due date of
delivery / if deductions on account of liquidated Damages exceeds more than
10% of the Purchase Order Value.
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(v) If the selected bidder fails to complete the due performance of the contract
in accordance with the agreed terms and condition.
(vi) An attachment is levied or continues to be levied for a period of 7 days upon
effects of the tender.
(vii) Bidder failing to execute the contract document.
In case of termination, cure period not exceeding30 days will be provided to Vendor,
upon the sole discretion of the bank
B. Termination for Insolvency:
Bank the Purchaser may at any time terminate the Contract / Agreement by giving
written notice of 07 days to the Contractor indicating its intention to terminate the
Contract/Agreement, without compensation to the Contractor, if the Contractor
becomes bankrupt or otherwise insolvent, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued or will accrue
thereafter to Bank, the Purchaser.
C. Termination for Default:
Bank , the Purchaser, without prejudice to any other right or remedy for breach of
Contract, by a written notice of 90 days to the Contractor/ Contractor indicating its
intention to terminate the Contract/Agreement and also specify the nature and type
of default, may terminate the Contract/Agreement in whole or in part.
D. Termination for other than Default:
Bank the Purchaser, without prejudice to any other right or remedy, by a written
notice of 30 days after first 1 year of Contract indicating its intention to terminate
the Contract/Agreement and may terminate the Contract/Agreement in whole or in
part. It is hereby clarified that the termination for convenience shall be without any
compensation to the Vendor and in case of termination for any reason; the Bank
shall not be liable to pay any fee/consideration for the contract which is not
performed. It is also clarified that the Vendor shall not be entitled to terminate the
contract.
E. Termination for Convenience:
In addition to the right of the Bank to terminate the contract for the
delayed/unsatisfactory/nonperformance of the Vendor and/or for various reasons
detailed in the Service Level Agreement to be executed with the Bank, the Bank
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shall also be entitled to terminate the Contract at any time for its convenience by
giving one month notice to the Vendor.
4.25 Consequences of Termination
a) In the event of termination of the Contract/Agreement due to any cause
whatsoever,[whether consequent to the stipulated term of the Contract/Agreement or
otherwise], Bank the Purchaser shall be entitled to impose any such obligations and
conditions and issue any clarifications as may be necessary to ensure an efficient
transition and effective business continuity of the Service(s) which the Contractor shall
be obliged to comply with and take all available steps to minimize loss resulting from
that termination/breach, and further allow the next successor Contractor/ to take over
the obligations of the erstwhile Contractor in relation to the execution/continued
execution of the scope of the Contract/ Agreement. Bidder is expected to handover all
the required APIs using which metadata and documents/images can be extracted for
purpose of migrating to a new setup.
b) In the event that the termination of the Contract/Agreement is due to the expiry of the
term of the Contract/Agreement, a decision not to grant any (further) extension by Bank
the Purchaser, the Contractor herein shall be obliged to provide all such assistance to
the next successor Contractor or any other person as may be required and as Bank
the Purchaser may specify including training, where the successor(s) is a
representative / personnel of Bank /the Purchaser to enable the successor to
adequately provide the Service(s) hereunder, even where such assistance is required
to be rendered for a reasonable period that may extend beyond the term/earlier
termination hereof.
c) Where the termination of the Contract/Agreement is prior to its stipulated term on
account of a default on the part of the Contractor or due to the fact that the survival of
the Contractor as an independent corporate entity is threatened/has ceased, Bank the
Purchaser shall pay the Contractor for that part of the Service(s) which have been
authorized by Bank the Purchaser and satisfactorily performed by the Contractor up to
the date of termination, without prejudice to any other rights, Bank the Purchaser may
retain such amounts from the payment due and payable by Bank the Purchaser to the
Contractor as may be required to offset any losses caused to Bank the Purchaser as a
result of any act/omissions of the Contractor. In case of any loss or damage due to
default on the part of the Contractor in performing any of its obligations with regard to
executing the Service(s) under the Contract/Agreement, the Contractor shall
compensate Bank the Purchaser for any such loss, damages or other costs incurred
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by Bank the Purchaser. Additionally, the sub-Contractor / other members of its team
shall continue to perform all its obligations and responsibilities under the
Contract/Agreement in an identical manner as were being performed hitherto before in
order to execute an effective transition and to maintain business continuity. All third
parties shall continue to perform all/any functions as stipulated by Bank the Purchaser
and as may be proper and necessary to execute the service(s) under the
Contract/Agreement in terms of the Contractor’s Bid and the Contract/Agreement.
d) Nothing herein shall restrict the right of Bank the Purchaser to invoke the Performance
Bank Guarantee and other guarantees, securities furnished, enforce the Deed of and
pursue such other rights and/or remedies that may be available to Bank the Purchaser
under law or otherwise.
e) The termination hereof shall not affect any accrued right or liability of either Party nor
affect the operation of the provisions of the Contract/Agreement that are expressly or
by implication intended to come into or continue in force on or after such termination.
f) In the event of termination of this Agreement for any reason whatsoever, Bank shall
have the right to publicize such termination to caution the customers/public from
dealing with the Contractor.
g) Termination survives the Contract/Agreement.
h) Conflict of interest: The Contractor shall disclose to Bank / the Purchaser in writing, all
actual and potential conflicts of interest that exist, arise or may arise (either for the
Contractor’s team) in the course of performing the Service(s) as soon as practical after
it becomes aware of that conflict.
i) Publicity: The Contractor shall not make or permit to be made a public announcement
or media release about any aspect of the Contract/Agreement unless Bank the
Purchaser first gives the Contractor its prior written consent. In case of non-compliance
of this clause the Bidder will be debarred for participating any future tender / contract
for a period of five years.
4.26 Relationship between the Parties:
a) Nothing in the Contract/Agreement constitutes any fiduciary relationship between Bank
the Purchaser and Contractor’s Team or any relationship of employer-employee,
principal and agent, or partnership, between Bank the Purchaser and Contractor
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b) No Party has any authority to bind the other Party in any manner whatsoever except as
agreed under the terms of the Contract/Agreement.
c) Bank the Purchaser has no obligations to the Contractor team except as agreed under
the terms of the Contract/Agreement.
4.27 Resolution of Disputes
4.27.1 The Bank and the bidder/SI shall make every effort to resolve amicably by direct
informal negotiation, any disagreement or dispute arising between them under or in
connection with the Contract.
4.27.2 If, the Bank and the bidder/SI have been unable to resolve amicably a Contract
dispute even after a reasonably long period, either party may require that the
dispute be referred for resolution to the formal mechanisms specified herein below.
These mechanisms may include, but are not restricted to, conciliation mediated by
a third party and/or adjudication in an agreed national forum.
4.27.3 The dispute resolution mechanism to be applied shall be as follows:
a) In case of Dispute or difference arising between the Bank and the bidder/SI relating
to any matter arising out of or connected with this agreement, such disputes or
difference shall be settled in accordance with the Arbitration and Conciliation Act,
1996. Where the value of the Contract is above Rs.1.00 crore, the arbitral tribunal
shall consist of 3 arbitrators, one each to be appointed by the Purchaser and the SI.
The third Arbitrator shall be chosen by mutual discussion between the Purchaser and
the SI.
b) Arbitration proceedings shall be held at Mumbai, and the language of the arbitration
proceedings and that of all documents and communications between the parties shall
be English;
c) The decision of the majority of arbitrators shall be final and binding upon both parties.
The cost and expenses of Arbitration proceedings will be paid as determined by the
arbitral tribunal. However, the expenses incurred by each party in connection with
the preparation, presentation etc., of its proceedings as also the fees and expenses
paid to the arbitrator appointed by such party or on its behalf shall be borne by each
party itself; and
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d) Where the value of the contract is Rs.1.00 Crore and below, the disputes or
differences arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should
be appointed by agreement between the parties.
4.28 Governing Language
4.28.1 The governing language shall be English.
4.29 Applicable Law
4.29.1 The Contract shall be interpreted in accordance with the laws of the Union of India
and the Bidder shall agree to submit to the courts under whose exclusive jurisdiction
the Registered Office of the Bank falls.
4.30 Addresses for Notices
4.30.1 The following shall be the address of the Bank and SI.
Bank’s address for notice purposes:
Bank of India,
IT Dept
Head Office,
Star House 2,
C-4, G Block, Bandra-Kurla Complex,
Bandra (East),
Mumbai - 400 051.
SI’s address for notice purposes (To be filled in by the SI)
4.30.2 A notice shall be effective when delivered or on effective date of the notice
whichever is later.
4.31 Taxes and Duties
4.31.1 The bidder/SI will be entirely responsible for all applicable taxes inclusive of
sales/service/VAT, duties, levies, cess, charges, license fees, road permits etc., in
connection with delivery of products at site including incidental services and
commissioning.
4.31.2 Income / Corporate Taxes in India:
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The bidder/SI shall be liable to pay all corporate taxes and income tax that shall be
levied according to the laws and regulations applicable from time to time in India
and the price bid by the bidder/SI shall include all such taxes in the contract price.
4.31.3 Tax deduction at Source:
Wherever the laws and regulations require deduction of such taxes at the source of
payment, the Bank shall effect such deductions from the payment due to the SI.
The remittance of amounts so deducted and issuance of certificate for such
deductions shall be made by the Bank as per the laws and regulations in force.
Nothing in the Contract shall relieve the bidder/SI from his responsibility to pay any
tax that may be levied in India on income and profits made by the bidder/SI in
respect of this contract.
4.31.4 The SI’s staff, personnel and labour will be liable to pay personal income taxes in
India in respect of such of their salaries and wages as are chargeable under the
laws and regulations for the time being in force, and the bidder/SI shall perform
such duties in regard to such deductions thereof as may be imposed on him by such
laws and regulations.
4.32 SI’s Integrity
The bidder/SI is responsible for and obliged to conduct all contracted activities in
accordance with the contract using state-of-the-art methods and economic
principles and exercising all means available to achieve the performance specified
in the Contract.
4.33 SI’s obligations
a) The bidder/SI is obliged to work closely with the Bank’s staff, act within its own
authority and abide by directives issued by the Bank and implementation activities.
b) The bidder/SI will abide by the job safety measures prevalent in India and will free
the Bank from all demands or responsibilities arising from accidents or loss of life,
the cause of which is the SI’s negligence. The bidder/SI will pay all indemnities
arising from such incidents and will not hold the Bank responsible or obligated.
c) The bidder/SI is responsible for managing the activities of its personnel or sub-
contracted personnel and will hold itself responsible for any misdemeanors.
d) The bidder/SI will treat as confidential all data and information about the Bank,
obtained in the execution of his responsibilities, in strict confidence and will not
reveal such information to any other party without the prior written approval of the
Bank.
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4.34 Compliance with law
The Vendor shall undertake to observe, adhere to, abide by, comply with and notify
the Bank about all laws in force or as are or as made applicable in future, pertaining
to or applicable to them, their business, their employees or their obligations towards
them and all purposes of this contract and shall indemnify, keep indemnified, hold
harmless, defend and protect the Bank and its employees/officers/staff/
personnel/representatives/agents from any failure or omission on its part to do so
and against all claims or demands of liability and all consequences that may occur
or arise for any default or failure on its part to conform or comply with the above and
all other statutory obligations arising there from.
Further the Vendor shall promptly and timely obtain all such consents, permissions,
approvals, licenses, etc., as may be necessary or required for any of the purposes
of this project or for the conduct of their own business under any applicable Law,
Government Regulation/Guidelines and shall keep the same valid and in force
during the term of the project, and in the event of any failure or omission to do so,
shall indemnify, keep indemnified, hold harmless, defend, protect and fully
compensate the Bank and its employees/ officers/ staff/ personnel/
representatives/agents from and against all claims or demands of liability and all
consequences that may occur or arise for any default or failure on its part to conform
or comply with the above and all other statutory obligations arising there from and
the Bank will give notice of any such claim or demand of liability within reasonable
time to the Vendor.
The Vendor is not absolved from its responsibility of complying with the statutory
obligations as specified above. Indemnity would not be limited to court awarded
damages and shall include indirect, consequential and incidental damages.
Indemnity would cover damages, loss or liabilities suffered by the Bank arising out
of claims made by its customers and/or regulatory authorities.
4.35 Violation of Terms
Bank shall be entitled to an injunction, restraining order, right for recovery, suit for
specific performance or such other equitable relief as a court of competent
jurisdiction may deem necessary or appropriate to restrain the Vendor from
committing any violation or enforce the performance of the covenants, obligations
and representations contained in the Contract/RFP. These injunctive remedies are
cumulative and are in addition to any other rights and remedies the Bank may have
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at law or in equity, including without limitation a right for recovery of the amounts
due under this contract and related costs and a right for damages.
4.36 Variation
Bank of India may at any time during the contract require the Bidder to revise the
Deliverables, Equipment, Services or Supplies including Completion Date. In an
event of such nature, Bank of India will request the Bidder to state in writing the
effect such variation will have on the work schedule. The Bidder shall furnish these
details, in writing, in two weeks from the receipt of such request.
4.37 Site preparation and installation
The Bank will arrange for the construction of the hardware site in compliance with
the technical and environmental specifications. The Bank will designate the
installation site before the scheduled installation date, to allow the bidder/SI to
perform a site inspection to verify the appropriateness of the sites before the
installation / commissioning of the hardware.
4.38 Installation/Commissioning of Hardware/Software
The bidder/SI is responsible for all installation of Products. The bidder/SI will test all
system operations and accomplish all adjustments necessary for successful and
continuous operation of the software at all installation sites.
4.39 Technical Documentation
The Technical Documentation involving detailed instruction for operation and
maintenance of the software is to be delivered. The language of the documentation
should be English.
4.40 Right to use defective product
If after delivery, acceptance and installation and within the guarantee and
contract/warranty period, the operation or use of the product is found to be
unsatisfactory, the Bank shall have the right to continue to operate or use such
product until rectification of defects, errors or omissions by partial or complete
replacement is made without interfering with the Bank’s operation.
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4.41 Suspension of Payment to the Contractor
Bank may, by a written notice of suspension, suspend all payments to the
Contractor under the Contract/Agreement, if the Contractor failed to perform any of
its Obligations under the Contract/Agreement, (including the carrying out of the
service(s)) provided that such notice of suspension:
a) Shall specify the nature of the failure; and
b) Shall request the Contractor to remedy such failure within a specified period
from the date of issue of such notice of suspension.
4.42 Police Verification of resources deputed at our site including DC & DR
Vendor should submit Police verification Certificate for their resources deployed at
our site (DC/DR) to support services under the contract.
4.43 Indemnity
The Vendor shall indemnify the Bank, and shall keep indemnified and hold the Bank
harmless from and against any and all losses, liabilities, claims, actions, costs and
expenses (including attorneys' fees) incurred/may be incurred by the Bank and also
those relating to, resulting from or in any way arising out of any claim, suit or
proceeding brought against the Bank including by a third party as a result of:
a) An act or omission of the Vendor, its employees, agents and sub-contractors in
the performance of the obligations under the contract and/ or
b) Claims against the Bank and/or any legal proceedings made by employees or
other persons who are deployed by the Vendor and/or by any
statutory/regulatory/ govt. authority and/or
c) Breach of any terms of the Contract and/or the Service level Agreement to be
executed by the Vendor and/or breach of any representation or warranty and/or.
d) Violation of the Confidentiality obligations by the Vendor and/or its
officials/employees or any other person employed by them in connection with
the Contract and/or
e) Breach of any of the terms of the Contract and/or Service level Agreement by
the subcontractors, if subcontracting of any part is permitted by Bank and/or
f) The Software/Deliverables supplied not being properly licensed one and/or
g) Any breach of IPR violations by the Vendor including those of the
Software/Deliverables/Materials supplied to the Bank and/or services rendered
by the Vendor.
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It is clarified that there shall not be any cap on the liability of the Vendor under the
Indemnity and the aforementioned obligations shall survive termination of contract.
The Contractor shall execute and furnish to the Purchaser/ Bank of India, a deed of
indemnity in favor of the Purchaser/Bank of India in a form and manner, as given in
Annexure-V, indemnifying the Purchaser/Bank of India its directors, employees,
agents and representatives from and against any costs, loss, damages, expense,
claims, litigations, suits, actions, judgments, and/or otherwise including but not
limited to those from third parties or liabilities of any kind howsoever suffered,
arising out of or incurred inter alias during and after the Contract period including
but not limited to third party claims due to infringement of patent, trademark,
Intellectual Property Rights, copyrights or industrial drawings and designs arising
from use of the services or any part thereof and/or otherwise and / or due to breach
of confidentiality obligations.
For breach of any obligation mentioned in this clause 4.48 and the below two clauses viz. Confidentiality and Limitation of Liability, in no event Service Provider shall be liable for damages to the Bank arising under or in no connection with this Agreement for an amount not exceeding the Total Cost of the project. The vendor shall be responsible for obtaining all necessary authorisations and consents from third party licensors of the software, if any, used by the vendors in performing its obligations under this project. If a third party’s claim endangers or disrupts Bank’s user of software, the vendor shall at no further expense, charge, fee or cost to the Bank,
(i) obtain license so that the bank may continue use of the software in accordance with the terms of the agreement and the license of the agreement; or
(ii) modify the software without affecting the functionality of the software in any manner so as to avoid the infringement ; or
(iii) replace the software with a compatible functionality and non-infringing product. 4.49 Confidentiality:
i) The company acknowledges that in the course of performing their obligations under this Agreement, the Company shall be exposed to or acquire Confidential information of the Bank or its customer/clients. The Company understands and acknowledges that it will be given access to such Confidential/Information solely as a consequence of and pursuant to this Agreement.
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ii) The Company will, at all times, maintain confidentiality of the Confidential Information and of this Agreement, Information of Bank including of the Bank’s Customer, any business, technical, financial information/data or any other information disclosed or accessible to the Company for this project whether at the time of disclosure, designated in writing as confidential or not.
iii) The Company agrees to keep in confidence and not disclose to any third party
and all Confidential information available to the Company and whether such information is given in writing or oral or visual, and whether such writing is marked to indicate the claims of ownership and /or secrecy or otherwise. The Company agrees that it shall not use nor reproduce for use in any way any Confidential information of the Bank except to the extent required to fullfill its obligations under the agreement. The Company agrees to protect the Confidential information of the Bank with at least the same standard of care procedures used by to protect its own confidential information of similar importance but at all times using at least a reasonable degree of care.
iv) The Company shall also ensure that its officials/employees and if Company is
permitted by the Bank in writing to assign, delegate or hire another person to assist it in the performance of its obligations under this Agreement, such person shall also maintain the confidentiality of the Confidential information in the same manner as the Company is bound to maintain the confidentiality.
The provisions of this Article shall survive notwithstanding the expiration or
termination of this Agreement for any reason whatsoever. 4.50 Limitation of Liability
Service provider will ensure Bank’s data confidentiality and shall be responsible for liability arising in case of breach of any kind of security and/or leakage of confidential customer/Bank’s related information to the extent of loss so caused. The limitations set forth herein shall not apply with respect to:
(i) claims that are the subject of indemnification pursuant to IPR infringement
(ii) damage(s) occasioned by the gross negligence, fraud or willful misconduct of Service Provider,
(iii) damage(s) occasioned by Service Provider for breach of Confidentiality Obligations,
(iv) When a dispute is settled by the Court of Law in India.
(v) Loss occasioned by Non-compliance of Statutory or Regulatory Guidelines.
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4.51 Independent External Monitors (IEM) Bank of India has empanelled Independent External Monitors (IEMs) for implementation of Integrity Pact ( IP) in respect of procurements as per directives received from the Central Vigilance Commission (CVC). The details are as under:-
1 2
Dr. Joginder Paul Sharma, IAS (Retd) Ex-Principal Secretary. Govt. of UP D-266, Sector-47,Noida, UP Mobile: 9650999444 E-mail: [email protected]
Shri Ashwani Kumar Ex-CMD, Dena Bank Flat No. 101, 1st Floor Plot No. F.P. No.81, Ruby Bandra West Ruby CHSL, 29th Road, Near Duruoella Convent High School Mobile: 9920262626 E-mail: [email protected]
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Annexure-A
Bid Form (Technical) (on company’s letter head) (To be included in Technical Bid envelope)
BID FORM (TECHNICAL BID)
Date :.............................. To:
Bank of India,
Information Technology Department,
8th Floor , Star House-2,
C-4, G-Block, Bandra Kurla Complex
Bandra (East), Mumbai-400 051.
Sir,
Reg.: Procurement of ______________________________
Ref: Your RFF Ref: ________________________________
==============================================
Having examined the Bidding Documents, the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to provide Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products for your Bank in conformity
with the said Bidding documents.
We undertake, if our Bid is accepted, to provide Authentication Control Server(ACS)
Services for Online Card Transactions and Other Products for your Bank in accordance
with the terms and conditions of this RFP.
If our Bid is accepted, we will obtain the guarantee of a Bank in a sum equivalent to 10
percent of the Contract Price for the due performance of the Contract, in the form
prescribed by the Bank.
We agree to abide by the Bid and the rates quoted therein for the orders awarded
by the Bank up to the period prescribed in the Bid, which shall remain binding upon
us.
Until a formal contract is prepared and executed, this Bid, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
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We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act 1988”.
We understand that you are not bound to accept the lowest or any Bid you may receive.
Dated this ....... day of ............................ 20__
______________________________________
___________________________
(Signature) (Name) (In the capacity of)
Duly authorized to sign Bid for and on behalf_______________________________
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Annexure-B
Bid Form (Price) (on company’s letter head)
(To be included in Price Bid envelope)
BID FORM (Price Bid) To:
Bank of India,
Information Technology Department,
8th Floor , Star House,
C-4, G-Block, Bandra Kurla Complex
Bandra (East), Mumbai-400 051.
Sir,
Reg.: Procurement of _____________________________________
Ref: Your RFF Ref: _______________________________________
---------------------------------------------------------------------------------------------
Having examined the Bidding Documents, the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to provide end-to-end (except logistic
arrangement for movement of documents from Branches to Hub and from Hub to
Branches), supply, support, maintenance, customization, deliver, install etc services of
application for implementing Authentication Control Server(ACS) Services for Online Card
Transactions and Other Products for your Bank in conformity with the said Bidding
documents for the sum of ...................………….. (Total Proposal amount in words and
figures) or such other sums as may be ascertained in accordance with the Schedule of
Prices attached herewith and made part of this Proposal.
We undertake, if our Bid is accepted, to provide end-to-end implementation of
Authentication Control Server(ACS) Services for Online Card Transactions and Other
Products support for your Bank in accordance with the terms and conditions of this RFP.
We agree to abide by the Proposal and the rates quoted therein for the orders
awarded by the Bank.
Until a formal contract is prepared and executed, this Proposal, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
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We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act 1988”.
We understand that you are not bound to accept the lowest or any Proposal you may
receive.
Dated this ....... day of ............................ 20__
_________________________________________________________________
(Signature) (Name) (In the capacity of)
Duly authorized to sign Bid for and on behalf of _____________________________
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Annexure-C
Format of power of Attorney (On stamp paper of relevant value)
To: Bank of India, Information Technology Department, 8th Floor , Star House, C-4, G-Block, Bandra Kurla Complex Bandra (East), Mumbai-400 051.
Sir,
Reg.: Procurement of _____________________________________ Ref: Your RFF Ref: _______________________________________
--------------------------------------------------------------------------------------------- Know all men by these presents, we (name of the company and address of the registered
office) do hereby appoint and authorize Mr. ----------- (full name and residential address)
who is presently employed with us and holding the position of as our attorney, to do in our
name and on our behalf, all such acts, deeds and things necessary in connection with or
incidental to our proposal for Configuration, Customization, Implementation and
Maintenance of Authentication Control Server(ACS) Services for Online Card
Transactions and Other Products in response to the RFP ( Request for Proposal) Bank
of India (hereinafter referred to as BOI), including signing and submission of all documents
and providing information/responses to BOI in all matters in connection with our Bid / Offer.
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid
attorney shall and shall always be deemed to have been done by us.
Dated this _____ day of ____________________ 2019 Signature with company seal : Name of Authorised Representative : Designation : Email : Mobile : Tel. No : Fax No :
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Annexure-D
Letter of Undertaking (On the company’s letter head)
To:
Bank of India,
Information Technology Department,
8th Floor , Star House,
C-4, G-Block, Bandra Kurla Complex
Bandra (East), Mumbai-400 051.
Sir,
Reg.: Procurement of _____________________________________
Ref: Your RFF Ref: _______________________________________
---------------------------------------------------------------------------------------------
It is certified that the information furnished here in and as per the document submitted is
true and accurate and nothing has been concealed or tampered with. We have gone
through all the conditions of Bid and is liable to any punitive action for furnishing false
information / documents.
Dated this _____ day of ____________________ 2019
Signature with company seal :
Name of Authorised Representative :
Designation :
Email :
Mobile : Tel. No : Fax No :
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Annexure-E
To: Bank of India,
Information Technology Department,
8th Floor , Star House,
C-4, G-Block, Bandra Kurla Complex
Bandra (East), Mumbai-400 051.
Sir,
Reg.: Procurement of _____________________________________
Ref: Your RFF Ref: _______________________________________
---------------------------------------------------------------------------------------------
Non-Disclosure Agreement (on company’s letter head)
(To be included in Technical Bid envelope)
NON-DISCLOSURE AGREEMENT
WHEREAS, we, ________________________________________, having Registered
Office at __________________________________, hereinafter referred to as the
COMPANY, are agreeable to offer and to provide end-to-end (except logistic arrangement
for document movement from branches and Hubs and Hubs to Branches) supply, support,
maintenance, customization, deliver, install etc services of application for implementing
Authentication Control Server(ACS) Services for Online Card Transactions and Other
Products for Bank of India, having its registered office at Star House, C-5, G Block,
Bandra Kurla Complex, Mumbai – 400 051, hereinafter referred to as the BANK and,
WHEREAS, the COMPANY understands that the information regarding the Bank’s ACS
Solution shared by the BANK in their Request for Proposal is confidential and/or
proprietary to the BANK, and
WHEREAS, the COMPANY understands that in the course of submission of the offer for
the said ACS Services and/or in the aftermath thereof, it may be necessary that the
COMPANY may perform certain jobs/duties on the Bank’s / properties and/or have access
to certain plans, documents, approvals or information of the BANK;
NOW THEREFORE, in consideration of the foregoing, the COMPANY agrees to all of
the following conditions, in order to induce the BANK to grant the COMPANY
specific access to the BANK’s property/information
The COMPANY will not publish or disclose to others, nor, use in any services that the
COMPANY performs for others, any confidential or proprietary information belonging to
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the BANK, unless the COMPANY has first obtained the BANK’s written authorisation to do
so;
The COMPANY agrees that notes, specifications, designs, memoranda and other data
shared by the BANK or, prepared or produced by the COMPANY for the purpose of
submitting the offer to the BANK for the said ACS Services, will not be disclosed to during
or subsequent to submission of the offer to the BANK , to anyone outside the BANK.
The COMPANY shall not, without the BANK’s written consent, disclose the contents of this
Request for Proposal (Bid) or any provision thereof, or any specification, plan, pattern,
sample or information (to be) furnished by or on behalf of the BANK in connection
therewith, to any person(s) other than those employed/engaged by the COMPANY for the
purpose of submitting the offer to the BANK and/or for the performance of the Contract in
the aftermath. Disclosure to any employed/engaged person(s) shall be made in
confidence and shall extend only so far as necessary for the purposes of such
performance.
Authorised Signatory
Name:
Place: Designation
Date : Office Seal:
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Annexure-F To:
Bank of India,
Information Technology Department,
8th Floor , Star House,
C-4, G-Block, Bandra Kurla Complex
Bandra (East), Mumbai-400 051.
Sir,
Reg.: Procurement of _____________________________________
Ref: Your RFF Ref: _______________________________________
---------------------------------------------------------------------------------------------
Pre-Eligibility Criteria (on company’s letter head)
(To be included in Technical Bid envelope)
The prospective Bidders should fulfil the respective pre-qualifications mentioned below;
otherwise their Bids will not be considered valid for the Bid evaluation process and will be
summarily rejected. The Bidders should submit all the supporting documents in the
Bidder’s eligibility proof. In the absence of such documentary evidences Bid will be rejected
without any further correspondence
Sl.
No.
Criteria Compli
ed (Y/N)
Documents to be submitted
1. Bidder should be a registered IT/ITES company in India under Companies Act 1956 and Company Act, 2014. It should have been in operation for at least five years as on date of bid
Copy of the Certificate of
Incorporation copies of
memorandum and article of
association. Submit copy of
PAN Card, Sales Tax VAT
Registration.
2. Bidder should have minimum annual turnover of Rs. 50 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.
Audited Financial
statements to be submitted.
Additional Support Letter
from CA to be submitted.
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3. Bidder should have positive net worth during at least 2 years in the last three financial years that is 2016-17, 2017-18 and 2018-19 as per audited financial statements.
Audited Financial
statements to be submitted.
CA Certificate certifying the
turnover and net worth
4. The bidder/ OEM should have a valid ISO 9001 and ISO 27001 certificate
ISO Certification
5. The Bidder should have direct support office at Mumbai and should be able to provide support and maintenance for the offered solution. Documentary proof (Office registration details etc) to be submitted along with the bid.
List of the offices and a self-
certification in this regard
6. Response to the tender can be submitted by the OEM along with certified partners. In case bidder is not OEM, they shall submit a specific authorization letter from OEM to the Bank. Letter should clearly state that in case bidder failed to deliver the solution or complete application delivery as per the tender specification or not completed the implementation, the OEM will support either directly or will identify an alternate Service Provider to the Bank.
Self-certification in case of
OEM and Manufacturers’
Authorisation Form signed
by the OEM authorising
dealer.
7. Bidder should not have been blacklisted by any entity including Govt/Banking/FI/NBFC/IBA/RBI etc
Self-certification in the offer
letter.
8. Bidder/SI must not have failed in completion of any project with the Bank earlier as per Purchase Order
Self-Certification from the
Bank
9. Bidder/SI has not violated any intellectual property Rights
Self-certification in the offer
letter
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10. Bidder/SI is not reported under SMA-2 or NPA, if enjoying credit facilities from any Bank/FI.
Self-certification in the offer
letter.
11. All the components of the proposed solution should be owned by Bidder or Authorized partner.
Self-certification in the offer
letter.
12. The vendor must comply with government’s rules and regulations like minimum wages act, Provident fund and ESIC facility standard.
Certification in the offer
letter.
13. The bidder should have at least 100 employees in India on their payroll.
Self-certification in the offer
letter. (Declaration). Proof of
compliance and labour
license needs to be
submitted along with the
quotation)
14. Bidder’s infrastructure, systems/application and procedures must have PCI-DSS and PA-DSS compliance as per requirements of the card scheme and regulators.
Necessary Certificates
15. Bidder should have all required statutory licenses & registrations like GST/ CST /VAT, TIN, PAN, etc.
GST, PAN
16. Solution proposed by Bidder should be EMVCO & Visa, MasterCard certified with 3D secure 2.0 as o the date of bid submission or if the same is not readily available with the Bidder, it should be provided by the Bidder free of Cost to the Bank as and when the guidelines are being provided by GOI or RBI
Certification in this regard
17. Solution must be hosted in India only
Self-certification in the offer
letter
18. Bidder should have in-house capabilities to develop, modify the software application and customize it to suit Bank’s requirement
Self-certification in the offer
letter
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19. A bidder should be VISA and MasterCard approved ACS service provider and certified with NPCI for ACS service with at least one public sector bank in India having necessary in-house infrastructure for processing debit /Credit card online transactions.
Copy of POs and
satisfaction letter from
references
20. The bidder should have an experience of at least two (2)years in Authentication Control Server transaction processing for card online transactions of Visa/MasterCard/ RuPay network and should have processed at least 5,00,00,000 transactions of Visa/ MasterCard/ RuPay network as per the NPCI and RBI guidelines till date of submission of bid to any public sector banks/ Private sector Banks/ Co-operative Banks in India.
PO Copy along with the
consolidated lit of the
references
21. Bidder should have experience of migration from existing system and having support for VISA/Master/RuPay cards or any other needed card/virtual network to new system
Supporting Documents
22. Visa, MasterCard & NPCI network certification for transaction processing
Required Certificates
Note:-
i. Either the bidder/SI on behalf of the OEM or OEM itself can bid but both cannot
bid simultaneously for the solution.
Bidder/SI can submit the bid with one OEM solution/product for application
OEM can authorise different bidders/SI to quote for the same product.
ii. Bidder/SI must comply with all the above mentioned criteria. Non-compliance
of any of the criteria will entail rejection of the Bid. Copies of the relevant
documents / certificates should be submitted as proof in support of the claims
made.
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iii. Any assumptions made by the bidder's/SI in response to this RFP will be at
their own risk and cost. The Bank will not be liable for any such assumptions /
representations made by the bidder. The Bank's assumptions and decision will
be final.
iv. No open source software should be provided without support.
Annexure–G
Self-Declaration Form (on company’s letter head)
(To be included in Technical Bid envelope)
To
The General Manager
Bank of India
I.T. Department
Head Office
---------------------------------
Sir,
Sub: RFP for _______________________________________________________
RFP ref.No : _____________________________ Dated : ______________
----------------------------------------------------------------------------------------------------------------
We refer to your captioned RFP and hereby undertake that –
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1. Our company has support office in Mumbai for support functions at DC, and at
Bangalore for DR. We can support pan India where Bank’s Zonal Offices are
located..
2. Our company will provide support and maintenance for the solution for the contract
period of 5 years
3. Our company has not been blacklisted by any Public Sector /Private sector Bank /
IBA/RBI/Govt.
Yours faithfully,
Signature of Authorized Signatory
Name of Signatory:
Date: Designation:
Place: Seal of Company
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Annexure–H
Technical, Functional & Terms and Condition Compliance
(on company’s letter head) (To be included in Technical Bid envelope)
Sub:
Ref: RFP No.
Sr.
No.
Functionalities Compliance
(Yes / No)
A We confirm, our compliance for all Technical, functional
requirements mentioned in this RFP,addendums,
corrigendum’s, prebid queries clarification for providing ACS
Services
B This is to confirm that we unconditionally accept all the terms
and conditions as mentioned in this RFP including all addendum
/ amendments floated by Bank.
C Non-compliance of any requirements , Please specify
1)
2)
3)
4)
Signature of Authorized Signatory
Name of Signatory:
Date: Designation:
Place: Seal of Company
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Annexure–I
Organizational Profile (on company’s letter head) (To be included in Technical Bid envelope)
Please provide following information about the Company (Attach separate sheet if required)
Sub:
Rfp No.: Date :
S. No. Information Particulars / Response
1. Name of the Company 2. CONSTITUTION
(Proprietary / Partnership / Private Ltd. / Public Ltd.)
3 Registered Office Address
4 Date of Incorporation 5. Company Head Office / Registered Office
and Addresses Contact Person ( 1) Name Phone/Mobile Fax E-mail Website Contact Person (2) Name Phone/Mobile Fax E-mail Website
Names of Proprietor/Partners/ Directors Name 1. 2.
Phone/Mobile No.
If Consortium, then specify name of members
Category Software Producer / Developer (Principal) Hardware Manufacturer (Principal) Authorized Solution Provider Any Other (please specify)
Details of Service provided
Services Provided
Date of implementation
Whether still support continues
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4. Provide the range of services /options offered by you covering service description and different schemes available for:
• Customization • Implementation Support • Warranty • Post-implementation • Ongoing Support for: -
o AMC o Helpdesk o Training o Documentation o Others (specify)
Yes / No / Comments (if option is ‘No’)
Number of Engineers familiar with the proposed solution
Number of Total Employees
Number of qualified Engineers permanently employed for ACS related Services
5. Any pending or past litigation (within three years)? If yes please give details?
Also mention the details of claims and complaints received in the last three years (About the Company / Software that are sold / licensed by the company).
Yes/No/Comments (if option is ‘Yes’)
6. Please mention turnover for last three years and include the copies of audited Balance Sheet in support of it.
Year Turnover Profit/Loss(-)
2015-16
2016-17
2017-18
2018-19
Signature of Bidder
Name Designation
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PART – B: System Information
Sub: RFP for _______________________________________________________ RFP ref.No : _____________________________ Dated : ______________
S. No. Information Required Particulars / Response
1. Software Information
• Name of the Software Product • Version of the proposed software
Annual sales of the product during the last three years (number of installations and value)
• Annual installations (live) in the last three years similar to the module/version proposed.
• Year and place of the first live installation similar to the module/version set proposed.
• Number of versions released till date since the last three years.
Release month/year of last version
Release month/year of the proposed version
2 Hardware Platforms information
Y Server Configuration o Application Server
o Database Server o Backup Server o Test & Development
Server o Storage Management
Server o Document Management
Server o Storage (SAN) for
Production o Tape Library o Server for Back Office o Scanner o Hardware at the Back
Offices
3 Operating systems 4 Database 5 Front end tool and associated software.
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6 Backup Software 7 Language and development environment in
which the proposed version is coded
8 Warranty Period and the Scope of warranty in detail
9 System Module components – Specifically indicate modules / components and their dependencies (whether the modules /components can be implemented independent of other modules/components) and level of integration for each proposed module / component.
10 Description of the solution development environment and application tools used. Also furnish either Third Party Tools or Tools available with the System Software/RDBMS that are used in designing the solution
11 What is the purchasing /licensing policy for the solution?
12 Broad solution enhancement /integration strategy for the next 3-5 years
13 Whether the company has full control over the source code of such bundled third party software
14 Whether the solution offered is single product and all the modules should be integrated through a menu.
15 Whether the solution is web enabled with security features and different User level access controls.
Software Product quoted
Sl No.
Product Name Version Product OEM
License Information
Brief Description
1
2
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Experience record in providing similar transaction processing services to top 5 Customers:
Sr.
No Nature of work Name of the Bank/
Organisation
Service being provided and
volumes handled
Any other items
Components Brief Specification Make and Model Qty Quoted
(Please mention the items quoted. Please ensure that all the items required for making the system operational are included)
We confirm that, all the details mentioned above are true and correct and if the Bank observes any misrepresentation of facts on any matter at any stage of evaluation, the Bank has the right to reject the proposal and disqualify us from the process.
Please support the above facts with documentary evidence. Referral Letters from Clients mentioned above
Please also attach : Income-Tax Clearance Certificate (latest)
We hereby acknowledge and unconditionally accept that the Bank can at its absolute discretion apply whatever criteria it deems appropriate, not just limiting to those criteria set out in the RFP document, in short listing of bidders for providing software solution.
We also acknowledge the information that this bid is valid for a period of six months, for the short-listing purpose, from the date of expiry of the last date for submission of bid.
Signature of Authorized Signatory Name of Signatory:
Date: Designation: Place: Seal of Company
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Annexure–J
Sub: Rfp Ref. No. Date
Service Support Details (To be included in Technical Bid envelope)
City / District Location
Postal Address, Telephone, Fax, E-Mail and Contact Details of Support Personnel
Office Working Hours
Number of Software Engineers capable of supporting ACS Services
Own Franchisee/ Support Centers
Signature of Authorized Signatory Name of Signatory:
Date: Designation: Place: Seal of Company
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Annexure-K
(Bill of Material) – Indicative
(This should contain the details of Annexure M without cost) Sub: RFP for _______________________________________________________ RFP ref.No : _____________________________ Dated : ______________
TABLE :I Commercial Transaction Processing S.no Service Description Quantity for
Evaluation/ year
Unit Cost for services(A) (excluding taxes)
Total Cost for services for given quantity(A*B)(excluding taxes)
1 OTP Generation and Validation
10,00,00,000
2 SMS for OTP 10,00,00,000 Charges quoted above should be inclusive of One time setup ,installation,
integration and implementation charges
Signature of Authorized Signatory Name of Signatory:
Date: Designation: Place: Seal of Company
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Annexure–L
Manufacturers’ Authorization Form (To be included in Technical Bid envelope)
Original copy addressed to Bank to be submitted
MANUFACTURERS'/PRODUCERS’ AUTHORIZATION FORM
No. Date:
To:
_______________________
Dear Sir:
Ref: Your RFP Ref: __________________________dated______
We who are established and reputable manufacturers / producers
of ________________________ having factories / development facilities at (address of
factory / facility) do hereby authorise M/s ___________________ (Name and address of
Agent) to submit a Bid, who are the certified reseller of _____ software...
Further, we hereby certify that we have provided our permission to M/s.
______________ to participate in the tender process for procurement and submission of
bids to the extent required for _______ software.
We hereby extend our full guarantee and warranty for the Solution and Products
offered by the above firm against this Bid Invitation
We hereby undertake that the current generally available version of the software will
be available and supplied during the contract period. We also confirm that the above
mentioned company will be purchasing software support for 5 years from us, in order to
provide such support for you. In case the above mentioned company fails to deliver the
services during the 5 year period, we will provide you with the option to engage directly
with us for the services that the above mentioned company has purchased from us.
We also undertake to provide any or all of the following materials, notifications, and
information pertaining to the Products manufactured or distributed by the bidder/SI :
(a) Information of such Products as the Bank may opt to purchase from the SI,
provided, that this option shall not relieve the bidder/SI of any warranty
obligations under the Contract; and
(b) in the event of termination of production of such Products:
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i. advance notification to the Bank of the pending termination, in sufficient time
to permit the Bank to procure needed requirements; and
ii. Following such termination, furnishing at no cost to the Bank, the blueprints,
design documents, operations manuals, standards, source codes and
specifications of the Products, if requested.
(c) None of product or components offered should be end of life /sale/support
during the contract period.
We duly authorise the said firm to act on our behalf in fulfilling all installations,
Technical support and maintenance obligations required by the contract.
We confirm that the undersigned is authorized to issue this letter.
Yours faithfully,
(Name)
(Name of Producers)
Note: This letter of authority should be on the letterhead of the manufacturer and should
be signed by a person competent and having the power of attorney to bind the
manufacturer. The Bidder in its Bid should include it.
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Annexure-M Format for indicative Commercial Bid
Sub: RFP for _______________________________________________________ RFP ref.No : _____________________________ Dated : ______________ TABLE :I Commercial Transaction Processing S.no Service Description Quantity for
Evaluation/Year Unit Cost for services(A) (excluding taxes)
Total Cost for services for given quantity(A*B)(excluding taxes)
1 OTP Generation and Validation
1,00,00,00,000
2 SMS for OTP 1,00,00,00,000 Charges quoted above should be inclusive of One time setup ,installation,
integration and implementation charges
Note: a) The total price quoted should be inclusive of applicable taxes, duties, levies,
charges etc., as also cost of incidental services such as transportation, insurance
etc. But exclusive of Sales Tax / VAT / Service / GST Tax payable as applicable
and Octroi / Entry-Tax payable to Local Government / Municipal Authorities which
will be reimbursed on actual basis upon production of original receipts..
b) Charges quoted above should be inclusive of One time setup ,installation, integration and implementation charges
c) Bidder to extend additional training services, if required by the Bank, anytime during
the contract period
d) Unit prices as well as TCO must be quoted in WORDS AND FIGURES.
e) In case of any discrepancy, unit prices quoted in words will be considered for
computation of TCO.
f) Prices are mandatory to be quoted for all the components/items. In case of
incomplete commercial bid, the same is liable to be rejected and bidder will not be
allowed to participate in the reverse auction process.
g) After completion of reverse auction, bidder need to provide the complete breakup
of prices within the timeframe. Further, in no case, any upward revision in prices
will be allowed.
h) No deviation whatsoever will be considered by the Bank. Bank will not evaluate and
consider any terms and conditions mentioned in the indicative commercial bid. Bank
reserves the right to disqualify the bidder if any deviation is mentioned in the
commercial bid.
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i) None of product or components offered should be end of life /sale/support during
the contract period.
j) Bidder should follow all the best practices like High availability, Disaster Recovery,
Backup, Monitoring tools etc.
k) In case, any component/s, has been missed out by the bidder or not included in
the TCO, by the SI/Bidder which are essential for successful implementation, the
same has to be provided by the bidder/SI at his own cost. Bank in no case, will
pay any amount over and above TCO.
l) Please note that presently Bank will not opt for Cloud solution. Solution offered
should be on-prem have the cloud compatibility so that Bank can move to Cloud
as and when required.
m) It should support multiple instance covering branches, foreign offices and
subsidiaries without any extra cost to the Bank
n) Bank reserves the right to review the proposal/Order and discontinue the services
even if the PO is issued for 2 or more years
** Bank should be able to use the product without any restrictions, in terms of
unconditional usage of all functionalities by all its employees.
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Annexure–N
(To be included in Technical Bid in case Bid Security is in Bank Guarantee form) BID SECURITY FORM
Whereas ...........................(hereinafter called “the Bidder”) has submitted its Bid dated
...................... (date of submission of Bid) for the supply of ................................. (name
and/or description of the Products/system) (hereinafter called “the Bid”).
KNOW ALL PEOPLE by these presents that WE ..................... (name of Bank) of
.................. (name of country),having our registered office at .................. (address of Bank)
(hereinafter called “the Bank”), are bound unto ............................. (name of Purchaser)
(hereinafter called “the Purchaser”) in the sum of _______________________for which
payment well and truly to be made to the said Purchaser, the Bank binds itself, its
successors, and assigns by these presents. Sealed with the Common Seal of the said
Bank this ____ day of _________ 20__.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder
on the Bid Form; or
2. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser
during the period of Bid validity:
(a) fails or refuses to execute the Contract Form if required; or
(b) fails or refuses to furnish the performance security, in accordance with the
Instruction to Bidders.
We undertake to pay the Purchaser up to the above amount upon receipt of its first written
demand, without the Purchaser having to substantiate its demand, provided that in its
demand the Purchaser will note that the amount claimed by it is due to it, owing to the
occurrence of one or both of the two conditions, specifying the occurred condition or
conditions.
This guarantee will remain in force up to and including ninety (90) days after the period of
the Bid validity, i.e. up to ________, and any demand in respect thereof should reach the
Bank not later than the above date.
...................................
(Signature of the Bidder’s Bank)
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Note: Presence of restrictive clauses in the Bid Security Form such as suit filed
clause/clause requiring the Purchaser to initiate action to enforce the claim etc., will
render the Bid non-responsive.
Annexure-O
PERFORMANCE SECURITY FORM
To: (Name of Purchaser)
WHEREAS ................................................................... (Name of SI)
(hereinafter called "the SI") has undertaken, in pursuance of Contract No.................
dated,........... 20__. to supply...................... .................................................(Description of
Products and Services) (hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the bidder/SI shall
furnish you with a Bank Guarantee by a recognised Bank for the sum specified therein, as
security for compliance with the SI's performance obligations in accordance with the
Contract.
AND WHEREAS we have agreed to give the bidder/SI a Guarantee:
THEREFORE, WE hereby affirm that we are Guarantors and responsible to you, on behalf
of the SI, up to a total of ................................... ........................................ (Amount of the
Guarantee in Words and Figures) and we undertake to pay you, upon your first written
demand declaring the bidder/SI to be in default under the Contract and without cavil or
argument, any sum or sums within the limit of ................................ (Amount of Guarantee)
as aforesaid, without your needing to prove or to show grounds or reasons for your
demand or the sum specified therein.
This guarantee is valid until the ........day of...................
Signature and Seal of Guarantors (SI’s Bank)
....................................................................
Date....................................................
....................................................................
....................................................................
Address:.......................................................
....................................................................
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....................................................................
Annexure–P
CONTRACT FORM
THIS AGREEMENT made the .......day of.................................., 20__. Between
.......................... (Name of Purchaser) (hereinafter called "the Purchaser") of the one part
and ..................... (Name of SI) of ......................... (City and Country of SI) (hereinafter
called "the SI") of the other part :
WHEREAS the Purchaser invited Bids for certain Products and services viz.,
..................................... (Brief Description of Products and Services) and has accepted a
Bid by the bidder/SI for the supply of those Products and services in the sum of
.............................. (Contract Price in Words and Figures) (hereinafter called "the
Contract Price").
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.
2. The RFP documents of Bid Ref. No.: ______________________dated __________
shall be deemed to form and be read and construed as part of this Agreement
3. In consideration of the payments to be made by the Purchaser to the bidder/SI as
hereinafter mentioned, the bidder/SI hereby covenants with the Purchaser to provide
the Products and services and to remedy defects therein, in conformity in all respects
with the provisions of the Contract.
4. The Purchaser hereby covenants to pay the bidder/SI in consideration of the
provision of the Products and services and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the Contract.
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Brief particulars of the Products and services which shall be supplied / provided by
the bidder/SI are as under:
SL.
NO.
BRIEF
DESCRIPTION
OF PRODUCTS &
SERVICES
QUANTITY TO
BE SUPPLIED.
TOTAL
PRICE (Rs.)
TOTAL VALUE: (Rs.)
DELIVERY SCHEDULE:
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
Signed, Sealed and Delivered by the
said ..................................................... (For the Purchaser)
in the presence of:.......................................
Signed, Sealed and Delivered by the
said ..................................................... (For the SI)
in the presence of:.......................................
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Annexure–Q
User Acceptance Form
PROFORMA OF CERTIFICATE FOR ISSUE BY THE PURCHASER AFTER SUCCESSFUL COMMISSIONING OF THE SOLUTION
No. Date: M/s. Sub: Certificate of commissioning of Solution 1. This is to certify that the products / equipment as detailed below has/have been
received in good condition along with all the standard and special accessories (subject
to remarks in Para No. 2) in accordance with the Contract/Specifications. The same
has been installed and commissioned.
a) Contract No._________________ ______________ dated ________
b) Purchase Order No: _________________________ dated ________
c) Description of the Solution _______________________________
d) Quantity ____________________________________________ ____
e) Date of commissioning and proving test ________________________
2. Details of products not yet supplied and recoveries to be made on that account:
S.No. Description Amount to be recovered
3. The proving test has been done to our entire satisfaction and Staff have been trained
to operate the Product.
4. The bidder/SI has fulfilled his contractual obligations satisfactorily*
or
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The bidder/SI has failed to fulfill his contractual obligations with regard to the
following:
(a)
(b)
(c)
5. The amount of recovery on account of non-supply of Products given under Para No.
2.
6. The amount of recovery on account of failure of the bidder/SI to meet his contractual
obligations is as indicated in endorsement of the letter.
Signature _______________________
Name _______________________
Designation with stamp __________________
______________________________________
* Explanatory notes for filling up the certificates:
(a) The bidder/SI has adhered to the time schedule specified in the contract in
dispatching the Products / Manuals pursuant to Technical Specifications.
(b) The bidder/SI has supervised the commissioning of the solution in time i.e., within the
period specified in the contract from the date of intimation by the Purchaser in respect
of the installation of the Product.
(c) Training of personnel has been done by the bidder/SI as specified in the contract.
(d) In the event of Manuals having not been supplied or installation and commissioning of
the Solution having been delayed on account of the SI, the extent of delay should
always be mentioned.
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Annexure–R
Bank Guarantee Form
FORMAT FOR BANK GUARANTEE AGAINST ANNUAL MAINTENANCE
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
Bank Guarantee No.: ........ and Date ........................
To.......................................................... (Name of the Purchaser)
Whereas ......................................... (Name of the SI) hereinafter called "the SI" has
undertaken, in pursuance of contract No................... dated............. to supply
.......................................................... (Description of Products and Services) hereinafter
called "the Contract".
AND WHEREAS it has been stipulated by you in the said contract that the bidder/SI shall
furnish you with a Bank Guarantee by a recognized Bank for the sum specified therein as
security for compliance with the SI's performance obligations under the contract for Annual
Maintenance and Repairs of the entire system including cost of spares during the contract
period.
AND WHEREAS we have agreed to give the bidder/SI a Guarantee.
THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf
of the SI, up to a total of Rs. ....................... (Amount of guarantee in words and figures
and we undertake to pay you, upon your first written demand declaring the bidder/SI to be
in default under the contract and without cavil or argument, any sum or sums within the
limit of Rs. ....... (Amount of guarantee) as aforesaid, without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until ............... day of ................ ...........
Signature and Seal of Guarantors
..................................................................
Date: ............. .....
NOTE:
(i) SI SHOULD ENSURE THAT SEAL AND CODE NO. OF THE SIGNATORY
IS PUT BY THE BANKERS, BEFORE SUBMISSION OF THE BANK
GUARANTEES.
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(ii) STAMP PAPER IS REQUIRED FOR THE BANK GUARANTEES ISSUED
BY THE BANKS LOCATED IN INDIA.
Annexure-S
BUSINESS RULES AND TERMS & CONDITIONS OF REVERSE AUCTION Reverse Auction event will be carried out among the Technically Qualified Bidders, for
providing opportunity to the Bidders to quote the price dynamically for the procurement for
which RFP is floated
A) Definitions :
1) “Bank” means Bank of India
2) “Service Provider” means the third party agency / company who has been
selected by the Bank for conducting Reverse Auction.
3) “L1” means the Bidder who has quoted lowest price in the Reverse Auction
process.
4) “L2” means the Bidder who has quoted second lowest price in the Reverse
Auction process.
B) Eligibility of Bidders to participate in Reverse Auction :
1) Bidders who are technically qualified in terms of the relative Terms & Conditions
of the RFP and accept the Business Rules, Terms & conditions of Reversion
Auction and submit the undertakings as per Annexure-T, can only participate in
Reverse Auction related to the procurement for which RFP is floated. Bidders not
submitting the above undertaking or submitting with deviations / amendments
thereto, will be disqualified from further evaluation / participation in the process
of relevant procurement.
2) Bidders should ensure that they have valid digital certificate well in advance to
participate in the Reverse Auction. Bank and / or Service Provider will not be
responsible in case Bidder could not participate in Reverse Auction due to non-
availability of valid digital certificate.
C) Training :
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1) Bank will engage the services of Service Provider to provide necessary training
to representatives of all eligible Bidders for participation in Reverse Auction. All
rules & procedure related to Reverse Auction will be explained during the
training.
2) Date, Time, Venue etc of training will be advised at appropriate time.
3) Eligible Bidder / his authorized nominee has to attend the training as per the
schedule and at the specified venue at the his / Bidder’s own cost.
4) No request from the Bidders for change in training schedule and/or venue will
be entertained.
5) However, Bank reserves the right to postpone / change / cancel the training
schedule for whatsoever reasons without assigning any reasons therefor,
even after its communication to eligible Bidders.
6) Any Bidder not participating in the training process will do so at his own risk.
D) Reverse Auction Schedule:
1) The date & time of start of Reverse Auction and its duration of time will be
informed to the eligible Bidders well in advance at least a week before the
Reverse Auction date.
2) Bank reserves the right to postpone / change / cancel the Reverse Auction event
even after its communication to Bidders without assigning any reasons therefor.
E) Bidding Currency :
Bidding will be conducted in Indian Rupees (INR).
F) Start Price :
Bank will determine the Start Price for Reverse Auction –
1) on its own and / or
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2) evaluating the price band information called for separately from each eligible
Bidder at appropriate time and / or
3) based on the price bids received and if opened, Bank may determine the start
price on the basis of the lower quote received.
G) Decremental Bid Value :
1) The bid decrement value will be specified by Bank before the start of Reverse
Auction event. It can be a fixed amount or percentage of Start Price or both
whichever is higher.
2) Bidder is required to quote his bid price only at a decremental value.
3) Bidder need not quote bid price at immediate next available lower level , but it
can be even at 2/3/4 ….. level of next available lower level .
H) Conduct of Reverse Auction event :
1) Reverse Auction will be conducted on a specific web portal meant for this
purpose with the help of the Service Provider identified by the Bank.
2) Service Provider will make all necessary arrangement for fair and transparent
conduct of Reverse Auction like hosting the web portal, imparting training to
eligible Bidders etc., and finally conduct of Reverse Auction.
3) Bidders will be participating in Reverse Auction event from their own office / place
of their choice. Internet connectivity and other paraphernalia requirements shall
have to be ensured by Bidders themselves.
i) In the event of failure of their internet connectivity (due to any reason
whatsoever it may be) it is the Bidders responsibility / decision to send fax
communication immediately to Service Provider furnishing the bid price, they
want to bid online, with a request to upload the faxed bid price online so that
the service provider will upload that price online on behalf of the Bidder. It
shall be noted clearly that the concerned Bidder communicating this price to
service provider has to solely ensure that the fax message is received by
Service Provider in a readable / legible form and also the Bidder should
simultaneously check up with Service Provider over phone about the clear
receipt of the bid price faxed. It shall also be clearly understood that the Bidder
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shall be at liberty to send such fax communications of prices to be uploaded
by Service Provider only before the closure of Reverse Auction time and
under no circumstances it shall be allowed beyond the closure of Reverse
Auction event time. Such Bidders have to ensure that the service provider is
given reasonable time by the Bidders, to upload such faxed bid prices online
and if such required time is not available at the disposal of Service Provider
at the time of receipt of the fax message from the Bidders, Service Provider
will not be uploading the bid prices. It is to be noted that neither the Bank nor
the Service Provider will be responsible for these unforeseen circumstances.
ii) In order to ward-off such contingent situation, Bidders are advised to make
all the necessary arrangements / alternatives such as back –up power supply
, whatever required so that they are able to circumvent such situation and still
be able to participate in the reverse auction successfully. However, the
vendors are requested to not to wait till the last moment to quote their bids to
avoid any such complex situations. Failure of power at the premises of
vendors during the Reverse auction cannot be the cause for not participating
in the reverse auction. On account of this the time for the auction cannot be
extended and BANK is not responsible for such eventualities.
4) Bank and / or Service Provider will not have any liability to Bidders for any
interruption or delay in access to site of Reverse Auction irrespective of the
cause.
5) For making the process of Reverse Auction and its result legally binding on the
participating Bidders, Service Provider will enter into an agreement with each
eligible Bidder, before the start of Reverse Auction event. Without this Bidder will
not be eligible to participate in the event. The format of the agreement is as per
the Annexure-T.
6) Bidders name will be masked in the Reverse Auction process and will be given
random dummy names by the Service Provider.
7) Bidder / his authorised representatives will be given unique Login ID & Password
by Service Provider . Bidder/his authorized representative will change the
Password after the receipt of initial Password from Service Provider to ensure
confidentiality. All bids made from the Login ID given to the Bidders will be
deemed to have been made by the concerned Bidder/his company.
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8) Reverse auction will be conducted as per English Reverse Auction with no tie
where more than one Bidder cannot have identical bid price.
9) Any bid once made by the Bidder through registered Login ID & Password , the
same can not be cancelled. The Bidder is bound to supplies as per the RFP at
the bid price of Reverse Auction.
10)Auto Bid :
i) Bidder can take the advantage of Auto Bid facility available in Reverse
Auction systems. Auto Bid feature allows Bidder to place an automated bid
against other Bidders in an auction by confirming to one decrement and bid
without having to enter a new price each time a competing bidder submits a
new offer.
ii) Auto Bid facility can be used by the Bidder only once. Bidder can at no point
of time during the course of the Reverse Auction, revise / delete his Auto Bid
price. Bidder has the facility to revise his Auto Bid value only prior to the start
of the Reverse Auction event.
iii) Only after the lowest price quoted by other Bidders is equal to or less than
the minimum Auto Bid value put in the system by Auto Bid Bidder, he will get
the option to manually bid.
iv) If more than one Bidder opts for the Auto Bid facility and if the lowest price
quoted by more than one in Auto Bid facility is same, then the Bidder who
has opted for the Auto Bid facility first will get the advantage of being the ‘L1’,
with the second bidder being ‘L2’ at a price one decrement higher than the
‘L1’ value and so on.
v) If one of the Bidder has opted for the Auto Bid facility, in which the system
automatically places a bid by conforming to one decrement from the bid that
any of the other Bidders might have quoted. In such a case, if the manual
Bidder directly quotes the same price as the lowest price which the Bidder
who has opted for the auto bid facility, then the bid submitted by the manual
Bidder would be accepted as the ‘L1’ bid. But at that point of time onwards,
the manual control of the Auto Bidder would be enabled for the Auto Bidder.
vi) Service Provider will explain in detail about the Auto Bid during the training.
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11) Reverse Auction will normally; be for a period of one hour. If a Bidder places a
bid price in last 10 minutes of closing of the Reverse auction, the auction period
shall get extended automatically for another 10 minutes. Maximum 3
extensions each of 10 minutes will be allowed after auction period of 1 hour i.e.
entire process can last maximum for 1 ½ hour only. In case there is no bid price
in the last 10 minutes of closing of Reverse Auction, the auction shall get closed
automatically without any extension.
( The time period of Reverse Auction & Maximum number of its extensions &
time are subject to change and will be advised to eligible Bidders before the
start of the Reverse Auction event.)
12) Bidder will be able to view the following on their screen along with the
necessary fields in Reverse Auction :
i) Opening Price
ii) Leading / Lowest Bid Price in Auction ( only total price)
iii) Last Bid Price placed by the respective Bidder.
13) During Reverse Auction, if no bid price is received within the specified time,
Bank, at its discretion, may decide to revise Start Price / Decremental Value /
scrap the reverse auction process / proceed with conventional mode of
tendering.
I) Reverse Auction Process :
1) At the end of Reverse Auction event Service Provider will provide the Bank all
necessary details of the bid prices and reports of Reverse Auction.
2) Upon receipt of above information from Service Provider, Bank will evaluate the
same and will decide upon the winner i.e. Successful Bidder.
3) Successful Bidder has to fax the duly signed filled-in prescribed format (
Annexure-U) as provided on case-to-case basis to Bank within 4 hours of
Reverse Auction without fail. The Original signed Annexure-U should be
couriered so as to reach us within 48 hours of Reverse Auction without fail.
4) Any variation between the on-line Reverse Auction bid price and signed
document will be considered as sabotaging the tender process and will invite
disqualification of Bidder/vender to conduct business with Bank as per
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prevailing procedure.
5) Successful Bidder has to give break-up of his last/lowest bid price as per Bill of
Material at the end of Reverse auction event within 3 working days without fail.
6) Successful Bidder is bound to supply at their final bid price of Reverse Auction.
In case of back out or not supply as per the rates quoted, Bank will take
appropriate action against such Bidder and / or forfeit the Bid Security amount,
debar him from participating in future
7) In case Bank decides not to go for Reverse Auction related to the procurement
for which RFP is floated and price bids if any already submitted and available
with Bank shall be opened as per Bank’s standard practice.
J) Bidder’s Obligation :
1) Bidder will not involve himself or any of his representatives in Price
manipulation of any kind directly or indirectly with other suppliers / Bidders
2) Bidder will not divulge either his Bid details or any other details of Bank to any
other party without written permission from the Bank.
K) Change in Business Rules, Terms & Conditions of Reverse Auction :
1) Bank reserves the right to modify / withdraw any of the Business rules, Terms &
conditions of Reverse Auction at any point of time.
2) Modifications of Business rules, Terms & conditions of Reverse Auction will be
made available on website immediately.
3) Modifications made during the running of Reverse Auction event will be advised
to participating Bidders immediately.
********************************************
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Annexure-T
Acceptance of Reverse Auction Business Rules and Terms & conditions
To,
Bank of India Date :
-----------------
Acceptance of Reverse Auction Business Rules and Terms & conditions
in respect of Tender / RFP Ref. No. _______________ Dated ______
For procurement of ______________________________________
====================================================
We refer to the captioned subject and confirm that –
1) The undersigned is our authorized representative.
2) We have accepted and abide by all Terms of captioned Tender documents and
Business Rules and Terms & conditions of Reverse Auction for the procurement for
which RFP is floated.
3) Bank and Service Provider shall not be liable & responsible in any manner whatsoever
for my / our failure to access & bid in Reverse Auction due to loss of internet
connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen
circumstances etc. before or during the auction event.
4) We understand that in the event we are not able to access the auction site, we may
authorize Service Provider to bid on our behalf by sending a fax containing our offer
price before the auction close time and no claim can be made by us on either Bank or
Service Provider regarding any loss etc. suffered by us due to acting upon our
authenticated fax instructions.
5) I / We do understand that Service Provider may bid on behalf of other Bidders as well
in case of above mentioned exigencies.
6) We also confirm that we have a valid digital certificate issued by a valid Certifying
Authority.
7) We will participate in Reverse Auction conducted by
____________________________ (name of Service Provider) and agree to enter into
an agreement with him (Service Provider) for making the process of Reverse Auction
and its result legally binding on us.
8) We will fax duly signed filled-in prescribed format (Annexure-U) as provided on case-
to-case basis, to Bank within 24 hours of end of Reverse Auction without fail.
9) We will give break-up of our last / lowest bid price as per Bill of Material at the end of
Reverse Auction event within 48 hours without fail.
10) We undertake to supply at our final lowest bid price of Reverse Auction. In case of back
out or not supply as per the rates quoted by us , Bank is free to take appropriate action
against us and / or forfeit the Bid Security amount, debar us from participating in future
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tenders.
11) We nominate our official Shri _________________________________ Designation
_____________ of our company to participate in Reverse Auction. We authorize Bank
to issue USER ID & PASSWORD to him. His official e-mail & contact number are as
under – Email : Mobile:
----------------------------------------------------------------------------------------------------------------
Signature with company seal :
Name of Authorised Representative : Designation:
Email : Mobile :
Tel. No: Fax No.:
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Annexure-U TO BE SUBMITTED / FAXED BY SUCCESSFUL BIDDER OF REVERSE AUCTION WITHIN 24 HOURS FROM THE END OF REVERSE AUCTION EVENT To,
Bank of India Date :
----------------------
Sir,
Final / Lowest Bid Price quoted in Reverse held on _______________
in respect of Tender / RFP Ref. No. _______________ Dated ______
For procurement of ______________________________________
=======================================================
We confirm that the final total bid price quoted by us in the captioned Reverse Auction
event for captioned tender is as under –
Rs. ( in figure) : ___________________________
Rs.(in words) : ___________________________
We confirm that -
1) [ ] We enclose herewith the detailed break-up of above price as per Bill of
Material
OR
[ ] We undertake to give detailed break-up of above bid price as per Bill of
Material within 48 hours from the end-of Reverse Auction event.
2) Any variation between the on-line Reverse Auction bid price quoted by us and this
document will be considered as sabotaging the tender process and will invite
disqualification of Bidder/vender to conduct business with Bank as per prevailing
procedure. In such case Bank is free to take appropriate action and / or forfeit the Bid
Security amount and / or debar him from participating in future
3) We are bound to supply at the above final bid price of Reverse Auction.
4) We note that in case of back out or not supply as per the above rates quoted by us,
Bank will take appropriate action against us and / or forfeit our Bid Security amount and
/ or debar him from participating in future
Signature with company seal :
Name of Authorised Representative :
Designation :
Email :
Mobile :
Tel. No : Fax No :
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Annexure-V Deed of Indemnity
(On Stamp Paper of relevant value) This Deed of Indemnity executed at Mumbai / on the [ ] day of [ ] by [ ]
(Hereinafter referred to as “the Obligor” which expression shall unless it be repugnant to
the context, subject or meaning thereof, shall be deemed to mean and include successors
and permitted assigns);
IN FAVOUR OF
Bank of India (“Bank of India”) is a company a banking company under section 5 (c) of
the Banking Regulation Act, 1949 (10 of 1949) nationalized on 19th July, 1969 through an
act namely the Banking Acquision and Transfer of undertaking Act. Bank of India is also a
scheduled bank as notified by the Reserve Bank of India (RBI) under the Reserve Bank of
India Act, 1934having its registered office Star House, C-5, G-Block, Bandra Kurla
Complex, Bandra East, Mumbai -400 051 (hereinafter referred to as “Bank of India” which
expression shall, unless it be repugnant to the subject or context or meaning thereof, be
deemed to mean and include its successors and assigns)
WHEREAS
(1) The Obligor has
(a) offered to Bank of India end-to-end (except logistic arrangement for document
movement from branches to Hubs and from Hubs to branches) supply, support,
maintenance, integration, customization, deliver, install etc. services of application
and other components for implementing ACS Services for Online Card Transaction
and Other Products for the Bank as stated under the RFP document Ref. no.
BOI/HO/IT/ACS/2019-20 dated 22/10/2019 and subsequent corrigendum / replies
/ clarifications provided by Bank of India;
(b) Represented and warranted that they have all permissions, consents, approvals
and license from all authorities, both regulatory / statutory and non-regulatory, for
executing their services to Bank of India;
(c) Represented and warranted that the aforesaid services offered to Bank of India do
not violate any provisions of the applicable laws, regulations or guidelines including
laws relating to intellectual property rights, legal and environmental. In case there
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is any violation of any law, rules or regulation, which is capable of being remedied
the same will be got remedied immediately during the implementation,
maintenance and contract period to the satisfaction of Bank of India;
(d) Represented and warranted that they are authorized and legally eligible and
otherwise entitled and competent to enter into such contract(s) with Bank of India;
(2) Bank of India, relying and based on the aforesaid representations and warranties of
the Obligor, has agreed to avail the services of the Obligor on the terms and conditions
contained in its Contract / Agreement dated [] (the Agreement) with the Obligor;
(3) One of the conditions of the aforesaid Agreement is that the Obligor is required to
furnish an indemnity in favor of Bank of India indemnifying the latter against any loss,
damages or claims arising out of any violations of the applicable laws, regulations,
guidelines during the execution and rendering ACS services for Online Card
Transaction and Other Products to Bank of India over the contract period as also for
breach committed by the Obligor on account of misconduct, omission or negligence or
otherwise by the Obligor.
(4) In pursuance thereof, the Obligor has agreed to furnish an indemnity in the form and
manner and to the satisfaction of Bank of India as hereinafter appearing;
NOW THIS DEED WITNESSETH AS UNDER: -
In consideration of Bank of India having agreed to award the aforesaid services / job to the
Obligor, more particularly described and stated in the aforesaid Agreement, the Obligor do
hereby unconditionally, absolutely and irrevocably agree and undertake that: -
(1) The Obligor shall, at all times hereinafter, save and keep harmless and indemnified
Bank of India, including its subsidiaries, agents, respective directors, officers, and
employees and keep them indemnified from and against any claim, demand,
losses, liabilities or expenses of any nature and kind whatsoever and by
whomsoever made in respect of the said contract/ Agreement and any loss or
damage caused from and against all suits and other actions that may be instituted
taken or preferred against Bank of India by whomsoever and all claims, demands,
losses, damages, costs, charges and expenses that Bank of India may incur or
suffer by reason of any claim made by any claimant for any reason whatsoever
or by anybody claiming under them or otherwise for any losses, damages or
claims arising out of all kinds of accidents, damage, destruction, deliberate,
malicious or otherwise, direct or indirect, negligence, reckless, misconduct,
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criminal breach of trust or from those arising out of violation of applicable laws or
breach of regulatory instructions including those relating to intellectual property
rights, rules, regulations, guidelines and also from the environmental damages, if
any, which may occur or result from the terms of the Agreement or for breach of
confidentiality obligations or otherwise.
(2) The Obligor further agrees and undertakes that the Obligor shall, ensure that all
the permissions, authorizations, consents and licenses are obtained and renewed
from the local and/or municipal and/or governmental authorities, as may be
required under the applicable laws, rules, regulations, guidelines, orders framed
or issued by any appropriate authorities.
(3) The Obligor further agrees to provide complete documentation of all sub-systems,
operating systems, systems software, utility software and other software, or other
components in the nature of accessories or otherwise they are having or procured
from third parties. The Obligor shall also provide licensed software for all software
services, whether developed by it or acquired from others for performing the
obligations under the Contract. The Obligor shall also indemnify and keep
indemnified Bank of India against any levies /penalties / claims / demands
litigations, suits, actions, judgments, and or otherwise on account of any default
and or breach and or otherwise in this regard.
(4) If any additional approval, consent or permission is required by the Obligor to
execute and perform the contract / Agreement during the currency of the contract,
they shall procure the same and/or comply with the conditions stipulated by the
concerned authorities without any delay.
(5) The obligations of the Obligor herein are irrevocable, absolute and unconditional,
in each case irrespective of the value, genuineness, validity, regularity or
enforceability of the afore said Agreement or the insolvency, bankruptcy,
reorganization, dissolution, liquidation or change in ownership of Bank of India or
Obligor or any other circumstance whatsoever which might otherwise constitute a
discharge or defense of an indemnifier.
(6) The obligations of the Obligor under this deed shall not be affected by any act,
omission, matter or thing which, would reduce, release or prejudice the Obligor
from any of the indemnified obligations under this indemnity or prejudice or
diminish the indemnified obligations in whole or in part, including in law, equity or
contract (whether or not known to it, or to Bank of India).
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(7) This indemnity shall survive the aforesaid Agreement.
(8) Any notice, request or other communication to be given or made under this
indemnity shall be in writing addressed to either party at the address stated in the
aforesaid Agreement and or as stated above.
(9) This indemnity shall be governed by, and construed in accordance with, the laws
of India. The Obligor irrevocably agrees that any legal action, suit or proceedings
arising out of or relating to any this indemnity may be brought in the
Courts/Tribunals at Mumbai. Final judgment against the Obligor in any such
action, suit or proceeding shall be conclusive and may be enforced in any other
jurisdiction, by suit on the judgment, a certified copy of which shall be conclusive
evidence of the judgment, or in any other manner provided by law. By the
execution of this indemnity, the Obligor irrevocably submits to the exclusive
jurisdiction of such Court/Tribunal in any such action, suit or proceeding.
(10) Bank of India may assign or transfer all or any part of its interest herein to any
other person. Obligor shall not assign or transfer any of its rights or obligations
under this indemnity, except with the prior written consent of Bank of India.
IN WITNESS WHEREOF the Obligor has signed these presents on the day, month and
year first above written.
Signed and Delivered on behalf of)
[ ] )
by the hand of [],)
[], the authorized official )
of the Obligor )
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Annexure –W
Integrity Pact (IP)
Vendors/bidders/sellers, only those who commit themselves to Integrity Pact (IP) with the Bank, would be considered competent to participate in the bidding process. In other words, entering into this pact would be the preliminary qualification. In case of bids not accompanied with signed IP by the bidders along with the technical bid, the offers shall be summarily rejected. IP shall cover all phases of contract i.e. from the stage of Notice Inviting Tenders (NIT)/Request for Proposals (RFP) till the conclusion of the contract i.e. final payment or the duration of warrantee/guarantee. Format of IP is provided for strict compliance. PRE-CONTRACT INTEGRITY PACT
PRE-CONTRACT INTEGRITY PACT
BETWEEN
BANK OF INDIA
AND
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on ________________________________________________________________ day
of the month of ____ 2019, between, on one hand, the Bank of India acting through Shri
________________ , Designation of the Officer (hereinafter called the “BUYER”, which
expression shall meanand include, unless the context otherwise requires, his successors in officer
and assigns) of the First Part and M/s. ______________________ represented by Shri
______________ Chief Executive Officer (hereinafter called the “BIDDER/Seller” which
expression shall mean and include, unless the context otherwise requires, his
successors and permitted assigns) of the Second Part.
WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/Item)
award the contract and the BIDDER/Seller is willing to offer/has offered the stores and
WHEREAS the BIDDER is a private company / public company / Government
undertaking / partnership / registered export agency, constituted in accordance with the
relevant law in the matter and the BUYER is a Public Sector Undertaking Bank of India.
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NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence / prejudice dealings prior to, during and subsequent to the currency
of the contract entered into with a view to :-
Enabling the BUYER to obtain the desired said stores / equipment / work at a
competitive price in conformity with the defined specifications by avoiding the high cost
and the distortionary impact of corruption on public procurement, and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the BUYER will commit to prevent
corruption, in any form, by its officials by following transparent procedures.
The parties hereby agree to enter into this Integrity Pact and agree
as follows. Commitments of the BUYER
1.1 The BUYER undertakes that no official of the BUYER, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly or
through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the BIDDER, either
for themselves or for any person, organization or third party related to the
contract in exchange for an advantage in the bidding process, bid evaluation,
contracting or implementation process related to the contract.
1.2 The BUYER will , during the pre-contract stage, treat all BIDDERs alike, and will
provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other BIDDERs.
1.3 All the officials of the BUYER will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.
2 In case any such preceding misconduct on the part of such officials(s) is
reported by the BIDDER to the BUYER with full and verifiable facts and the same
is prima facie found to be correct by the BUYER, necessary disciplinary
proceedings, or any other action as deemed fit, including criminal proceedings
may be initiated by the BUYER and such a person shall be debarred from further
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dealings related to the contract process. In such a case while an enquiry is being
conducted by the BUYER the proceedings under the contract would not be
stalled.
Commitments of BIDDERs
3. The BIDDER commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of its bid or during
any pre-contract or post-contract stage in order to secure the contract or in
furtherance to secure it and in particular commit itself to the following :-
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with the Government.
3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.
3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract.
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufactures / integrator / authorized government sponsored export entity of the stores / supplier and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER nor has any amount been paid promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.
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3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the BUYER or their family members agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
3.7 The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal
gain, or pass on to others, any information provided by the BUYER as part of the
business relationship, regarding plans, technical proposals and business details
including information contained in any electronic data carrier. The BIDDER also
undertakes to exercise due and adequate care lest any such information is
divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of
the BIDDER, either directly or indirectly, is a relative of any of the officers of the
BUYER or alternatively, if any relative of an officer of the BUYER has financial
interest / stake in the BIDDERs firm, the same shall be disclosed by the BIDDER
at the time of filling of tender.
The term relative for this purpose would be as defined in Section 6 of the Companies Act 1956.
3.13 The BIDDER shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of the
BUYER.
4. Previous Transgression
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4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded can be terminated for such reason.
5. Earnest Money (Security Deposit)
5.1 While submitting commercial bid, the BIDDER shall deposit an amount ________
as specified in the RFP as Earnest Money/Security Deposit, with the BUYER
through any of the following instruments
(i) Bank Draft or a Pay Order in favour of __________________
(ii) A confirmed guarantee by an Indian Nationalized Bank, promising
payment of the guaranteed sum to the BUYER on demand within three
working days without any demur whatsoever and without seeking any
reasons whatsoever. The demand for payment by the BUYER shall
be treated as conclusive proof of payment.
(iii) Any other mode or through any other instrument as specified in the RFP.
5.2 The Earnest Money / Security Deposit shall be valid upto the complete conclusion
of the contractual obligations to the complete satisfaction of both the BIDDER and
the BUYER, including warranty period / Defect liability period.
5.3 In case of the successful BIDDER a clause would also be incorporated in the Article pertaining to Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
5.4 No Interest shall be payable by the BUYER to the BIDDER on Earnest Money / Security Deposit for the period of its currency.
6. Sanctions for Violations
6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (Whether with or without the knowledge of the BIDDER) shall
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entitle the BUYER to take all or any one of the following actions, whenever required:-
(i) To immediately call off the pre-contract negotiations without assigning any
reason or giving any compensation to the BIDDER. However, the proceedings
with the other BIDDER(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and / or Security Deposit /
Performance Bond (after the contract is signed) shall stand forfeited either fully
or partially as decided by the BUYER and the BUYER shall not be required to
assign any reason therefor.
(iii) To immediately cancel the contract if already signed, without giving any
compensation to the BIDDER.
(iv) To recover all sums already paid by the BUYER and in case of an Indian
BIDDER with interest thereon at 2% higher than the prevailing Prime Lending
Rate of State Bank of India, while in case of a BIDDER from a country other
than India with interest thereon at 2% higher than the LIBOR. If any outstanding
payment is due to the BIDDER from the BUYER in connection with any other
contract for any other stores, such outstanding payment could also be utilized
to recover the aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond / warranty
bond, if furnished by the BIDDER, in order to recover the payments already
made by the BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER
shall be liable to pay compensation for any loss or damage to the BUYER
resulting from such cancellation / rescission and the BUYER shall be entitled
to deduct the amount so payable from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the
Government of India for a minimum period of five years, which may be further
extended at the discretion of the BUYER.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any
middlemen or agent or broker with a view to securing the contract.
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(ix) In cases where irrevocable Letters of Credit have been received in
respect of any contract signed by the BUYER with the BIDDER, the same
shall not be opened.
(x) Forfeiture of Performance Bond in case of a decision by the BUYER to
forfeit the same without assigning any reason for imposing sanction for
violation of this Pact.
6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact also on the commission by the BIDDER or any one employed by it or acting on its behalf (Whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.
6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact.
7. Fail Clause
7.1 The BIDDER undertakes that it has not supplied / is not supplying similar product / systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry / Department of the Government of India or PSU and if it is found at any stage that similar product / systems or sub systems was supplied by the BIDDER to any other Ministry / Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.
8. Independent Monitors
8.1 There shall be Independent Monitors (hereinafter referred to as Monitors) appointed by the BUYER for this Pact in consultation and with approval of the Central Vigilance Commission.
8.2 The task of the Monitors shall be to review Independently and objectively whether and to what extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.
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8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project / procurement, including minutes of meetings.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.
8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER / Subcontractor(s) with confidentiality.
8.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.
8.8 The Monitor will submit a written report to the designated Authority of BUYER within 8 to 10 weeks from the date of reference or intimation to him by the BUYER / BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.
9. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of
commission, the BUYER or its agencies shall be entitled to examine all the
documents including the Books of Accounts of the BIDDER and the BIDDER shall
provide necessary information and documents in English and shall extend all
possible help for the purpose of such examination.
10. Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is
the seat of the BUYER.
11. Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
12. Validity
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12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER / Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.
12.2 Should one or several provision of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
13. The parties hereby sign this Integrity Pact at on
BUYER BIDDER
Name of the Officer Name of the Officer
Designation Designation
Bank of India
Witness Witness
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Annexure-X Sub: RFP No. and Date Pre-bid Query Format
Sr. No Page No. Clause Name
Clause No. in the RFP
RFP Text Query
Note: All queries which are received within the date and time as mentioned in this RFP
only will be clarified in the Pre-Bid Meeting.
Signature with company seal :
Name of Authorised Representative :
Designation :
Email :
Mobile :
Tel. No : Fax No :
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Annexure-Y
Sub: RFP for _______________________________________________________ RFP ref.No : _____________________________ Dated : ______________
Authentication Control Server(ACS) Services for Online Card Transactions and Other Products
Technical and Functional Specification
The system feature for each module is covered as per the attached excel Sheet. The bidder needs to fill up the response column according to the criteria given below: All the specification should be complied with in order to be technically eligible
Response
Required functionality is readily
available
“Y”=1 marks
Required functionality will be
made available with
customization
“C”=.5 marks
S.NO Specification Y/C Remarks
1 Should support all type of Ecommerce transaction
through Debit and Credit Card (Master card, Visa, Rupay,
NCMC and other prepaid cards) and Other Products
authentication as identified by Bank
2 Supports Master card , Visa card and Rupay Card
through Secure Code , Verified by Visa and Pay
Secure,BEPG respectively
3 Should be able to support ecommerce transaction
through any prepaid card
4 Should support both Static & Dynamic Password as required by issuers
5 Should provide Continuous Availability Architecture
6 Should be able to generate MPIN as required by issuers
7 Should have IVROTP as required by issuers
8 Ability for API integration with issuer’s DB/Host in case mobile numbers are stored with bank
9 Should support EMV 3DS
10 Should be able to Implement country/scheme compliance & mandates
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11 Capable of enabling 3D Secure authentication for card not present transactions
12 Facility to enable 3D at both program level and device level
13 Support OTP Validation for Card not present transaction
14 Should be able to generate and validate OTP
15 Should be able to send OTP SMS as per theBank Requirement
16 Should have configurable ACS screen as per Bank’s requirement
17 Support Multi Language
18 Should Support Resend OTP Option as per the workflow decided by the Bank
19 Should have Report Generation and Dashboard module for BackOffice operation
20 Should support role and groups for Back Office applications
21 Should be able to generate standard as well as customised MIS report as per the Bank’s requirement
22 Should have rule based, real time fraud risk management capabilities implemented
23 Should support session/ connection timeouts, automatically soft-block the cards for all online transactions in case of successive pre-configured unsuccessful attempts due to wrong credentials (to be decided in consultation with the Bank),
24 Should have the Facility for automatically unblock the soft-blocked cards at regular intervals,
25 Should have the Facility hard-block the cards in case of preconfigured numbers of soft-blocks/ successive unsuccessful attempts,
26 Should provide a secured portal or suitable option chosen by the Bank for individual/ bulk unblocking of the cards so blocked.
27 Should have Incident reporting Portal for reporting nay incident by Back office
28 Should be able to retain data as per Bank’s Data Retention policy
29 Should have servers hosted in India and data must be stored in India
30 Should support all debit/credit/prepaid cards of Visa / MasterCard / RuPay etc. issued by the Bank as well as cards issued by the RRB‘s sponsored by the Bank
31 The solution should be scalable and should comply with international standards like PCI DSS etc. and domestic
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standards specified by regulatory authorities like RBI / NPCI / Cert-In/Ministry of Finance or any other Government guidelines issued from time to time
32 Should support registration based on the card number, expiry date and ATM PIN to authenticate the card holder and on successful authentication, should allow the card holder to set his 3D Secure password
33 Should support use of ATM PIN verification mechanism to authenticate Cardholder during enrolment and capture user chosen password for subsequent e-Commerce purchase. OTP (One time Password) to be sent to cardholder for new registration & Subsequent Transactions.
34 Should have captcha facility at the time of registration or at any step decided by Bank.
35 Solution should provide an alert message for each successful/unsuccessful registration/transactions and change in Mobile No.
36 Should have the facility to upload Mobile Nos. through the portal provided to Bank
37 The solution should provide an option to regenerate the OTP in case the OTP is not received by the customer in the specified time. The OTP validation time should be configurable.
38 Should have mechanism place to expire the OTP and regenerate the same in case on expiry of OTP
39 Should be capable of approving transactions for onward/inward routing and authorization through Bank‘s debit/credit card/Pre-Paid card switches.
40 Should Provide administrator access to Bank & its RRBs through dedicated URL to the application for performing the standard functions like cardholder enquiry, adding/ deleting cardholders, locking/ unlocking cardholder, marking a card for re-registration etc.
41 should support session time outs, connection time outs, account locking after number of failed attempts etc
42 Should be able to provide helpdesk support to Bank and its customers for enquire about the transaction details etc.
43 Solution should complies with the mandates released by interchanges such as Visa, MasterCard, and NPCI etc. and mandates set by Reserve Bank of India (RBI)
44 Should have the Facility to setup setup velocity checks and other limits for the card not present transactions.
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45 Should be able to carry registration and card not present transactions using all make & model of mobile or mobile app.
46 Should have capability to configure the minimum amount after which the OTP will be mandatory for authentication.
47 The solution should support user authentication via secret questions.
48 The product should be capable to integrate with the all the bank‘s Switches .Should also be able to integrate with any other switch if any Switch Changes is done by Bank
49 The product should have multiple facilities for customers to enroll for this additional authentication/validation through web based enrolment.
50 The product should have lost, stolen and expired card support. The system should provide website enrolment for cardholder to register for the program
Please note that in order to be technically eligible Bidders has to satisfy all the
criteria as mentioned in Annexure- F and have to score at least 85% i.e. 42.5 marks
in Technical Specification
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Annexure – Z
Proposed System Architecture
Flow for the E-Mandate transaction
1. Customer logins to the merchant site and fills the shown mandate Information along with deduction details
2. Customer can proceed with accepting to register mandate and filling with the necessary information in merchant site
3. Then the register mandate request shall be forwarded to NPCI 4. Then the NPCI interface shall provide the option for selecting debit card
authentication 5. Customer would be redirected to ACS Service Provider Secure page where
customer can enter his/her card details 6. Once customer enters the BOI details Service vendor will route the details to BOI
switch
7. Post card validation shall send a request to BOI CBS for Customer mobile number
8. BOI CBS respond back to the ACS Service Provider with customer mobile 9. BOI Switch respond back to ACS Service Provider with customer mobile 10. ACS Service Provider shall send a request to FIS managed OTP Engine to generate
the OTP 11. OTP Engine forwards the request to Bank SMS Gateway to deliver the OTP
to customer mobile
12. SMS Gate way shall deliver the SMS-to the customer mobile. 13. Customer shall enter the OTP into the OTP page managed by the Vendor 14. Vendor shall validate the OTP details and Post validation Customer shall be
prompted to accept or reject the mandate. 15. Vendor shall respond back to NPCI with the Mandate status 16. NPCI forwards the Mandate response to the merchant. 17. Merchant shall display the final status of the Mandate to the customer.