RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
FIELD GENERAL MANAGER’S OFFICE, 2nd Floor, CENTRAL OFFICE-ANNEXE, UNION BANK OF INDIA, MANGALADEVI TEMPLE ROAD, PANDESHWAR, MANGALORE: 575001.
Tel.: 0824 –2861425, www.unionbankofindia.com Email: [email protected]
ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM/CCTV-DVR/FIRE/SMOKE DETECTION SYSTEM INSTALLED AT CENTRAL OFFICE ANNEXE-MANGALURU & OTHER INSTALLATIONS OF THE BANK LOCATED IN MANGALURU CITY
Union Bank of India invites sealed offers in two-bid system from Agency/Partnership firm/Company which are providing services in the field of Safety & Security systems utilized by Banks & have their own Offices in Mangaluru / Bengaluru/other places in Karnataka State, for Annual Maintenance Contract (AMC) of Access Control system, CCTV-DVR system, Fire/smoke detection system installed at the installations of the Bank located in Mangaluru.
Request for Proposal ( RFP) form can be obtained from the Deputy Zonal Head at the above address on payment of Rs. 1000/- (Non- Refundable, being cost of tender document) by way of Demand Draft / Pay Order favouring Union Bank of India payable at Mangalore. Alternatively, RFP forms can be downloaded from bank’s website “www.unionbankofindia.co.in” and Government of India Procurement Portal “www.eprocure.gov.in” and the cost of tender by means of Pay Order/Demand Draft should be submitted along with the Techno-commercial offer.
Date of commencement of issue of RFP : 17-11-2020
Last date for submission of RFP : 07-12-2020 upto 3:30 p.m.
Opening of Technical Bid : 07-12-2020 at 4.00 p.m.
All conditions and parameters will be evaluated with reference to the firms submitting tenders. The Bank reserves the right to reject any/all bids without assigning any reason whatsoever.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
TENDER RFP NO. FGMO/SEC/AMC/001/2020-21 DATED 17/11/2020
Request for Proposal (RFP)
ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU.
FIELD GENERAL MANAGER’S OFFICE, 2nd Floor, CENTRAL OFFICE-ANNEXE, UNION BANK OF INDIA, MANGALADEVI TEMPLE ROAD, PANDESHWAR, MANGALORE: 575001.
Tel.: 0824 –2861425/9483521724, website : www.unionbankofindia.co.in Email: [email protected]
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Disclaimer
The information contained in this Request for Proposal (RFP) is provided to the Bidder(s) on the terms and conditions set out in this RFP document. 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.
The RFP document is not a recommendation, offer or invitation to enter into a contract, agreement or any other arrangement, 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 as detailed in this document. No contractual obligation whatsoever shall arise from the RFP process unless and until a formal contract is signed and executed by duly authorized officers of Union Bank of India with the Bidder.
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. Each Bidder should conduct their own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP and where necessary obtain independent advice. Union Bank of India 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. Union Bank of India may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP.
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Page No. Sr. No. Clause Details
1 Introduction 7 2 Objectives Of The RFP 7 3 Invitation Of Tender Bids 8 4 Two Bid System Offer 9 5 Scope Of Work 9 6 Eligibility Criteria Of Bidder 11 7 Government Purchase & Price Preference Policy 13 8 Bid Security/EMD 13 9 Technical Part (T-Part). 14 10 Financial/Commercial Offer ( F-Part) 14 11 Opening Of Offer 14 12 Evaluation Process 15 13 No Commitment To Accept Lowest Or Any Tender 15 14 Taking Up The AMC & Cancellation Of Order 15 15 Payment Terms 15 16 Performance Bank Guarantee 15 17 Guarantee 16 18 Availability of Spares 16 19 Warranty 16 1920 Maintenance Standard Expected During Warranty 16 21 Annual Maintenance Contract 16 2022 Labour Compliance 17 2123 Authorization To Bid 17 24 Taxes, Duties And Other Statutory Regulation 17 25 Bidding Document 18 26 Contacting The Bank 19 27 Bank’s Right To Accept Or Reject Any Bid Or All Bids 19 28 Fraud & Corrupt Practices 19 29 Revelation Of Prices 20 30 Clarifications Of Bid 21 31 Bid Validity 22 32 Submission Of Bids 22 33 Late Bids 22
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34 Signing Of Contract 22 35 General Terms 23 36 Rejection Of Bid 24 37 Pre Bid Meeting 24 38 Modification And Withdrawals Of Bid 25 39 RFP Response 25 40 Liquidated Damage 25 41 Price Validity 26 42 Payment Terms 26 43 Delivery 26 44 Authorised Signatory 27 45 Compliance With Laws 27 46 Confidentiality And Secrecy 28 47 Indemnity 28 48 Patents Rights 29 49 Non‐Transferable Offer 29 50 Ownership And Retention Of Documents 29 51 Audit 29 52 Liability 31 53 Force Majeure 32 54 Enforceability 32 55 Minimum Wages 32 56 Successors 32 57 Termination Of Contract 33 58 Deduction From Purchase Price 34 59 Waiver 34 60 Proprietary Rights 35 61 Negligence 35 62 Review Of Contract And Performance 36 63 Proposal Ownership 36 64 Notification Of Award 36 65 Arbitration 36 66 Other Terms And Conditions 37 67 Jurisdiction 38 Annexure I - Undertaking By Bidder 39 Fraud/black listing/credit default Annexure II - Bid Form 40 Annexure III - Bidder’s Profile With 42 Declaration Annexure IV – Letter Of 45 Acceptance/Covering Letter Of The Offer
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47 Annexure V – Compliance To RFP Terms & Conditions
Annexure VI - Undertaking on Know Your 50 Employee Annexure-VII 52 BANK GUARANTEE FORMAT Annexure VIII – Format for Clarification 55
Annexure IX - Service Level Agreement 56 Annexure X - Financial/Commercial Part 69
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
UNION BANK OF INDIA 1. Introduction
Union Bank of India (hereinafter referred to as ‘Bank’), having its Central Office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai ‐ 400021, is firmly committed to consolidate and maintain its identity as a leading innovative commercial Bank, with a proactive approach towards the changing needs of the Society. This has resulted in a wide gamut of products and services, made available to its valuable clientele in catering to the smallest of their needs. Today, with its efficient value‐added services, sustained growth, consistent profitability and development of new technologies, the Bank has ensured complete customer delight, living up to its image of having “GOOD PEOPLE TO BANK WITH”.
2. Objectives of the RFP
2.1. Union Bank of India (hereinafter called as “Bank” or “the Bank”) invites proposals from eligible entities (hereinafter referred to as “Respondent” or “Bidder” or “Vendor”) for Annual Maintenance Contract (AMC) of Access Control system CCTV-DVR, and Fire/smoke detection system installed at the installations of the Bank located in Mangaluru for contractual period of 3 years.
2.2. All offers of the bidders shall be unconditional and once accepted whether with or without modifications by the Bank shall be binding between the Bank and such Bidder.
2.3. The Document may be obtained from the Bank at the communication address given below or can be downloaded from Bank’s Website www.unionbankofindia.co.in and Government of India Procurement Portal www.eprocure.gov.in and the response should be submitted at the communication address given below
Date of issue of RFP/ 17.11.2020 Download Start Date & Time
Pre bid meeting 24.11.2020 at 4.00 PM (at the venue mentioned for opening of bids) Last date and time for 04.12.2020 up to 5.00 PM Clarification/Query on RFP
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Last date and time for submission Of Bidding 07.12.2020 at 3.30 PM Document Date and Time of 07.12.2020 at 4.00 PM Technical Bid Opening Place of opening of Bids FIELD GENERAL MANAGER’S OFFICE, 2nd Floor Central Office-Annexe, Union Bank of India, MANGALADEVI TEMPLE ROAD, PANDESHWAR, MANGALURU: 575001 Contact Numbers Tel:(0824) 2861425 / 9483521724 Cost of RFP Rs. 1,000/‐ (Rupees One Thousand only) in the form of Demand Draft (DD)/ Pay Order(PO) in favor of Union Bank of India, payable at Mangaluru. The Demand Draft)/ Pay Order (PO) should be submitted at the time of bid submission. Earnest Money Deposit Rs. 1,00,000/‐ (` Rupees One lakhs only) in the form (EMD) of Pay Order or Demand Draft in favour of Union Bank of India, payable at Mangalore. Address for communication Interested Bidders are requested to send the email to: [email protected] containing below mentioned information, so that in case of any clarification same may be issued: Name of company, contact person, Mailing address with Pin Code, Telephone No., Fax No., email address, Mobile No. etc. should be mentioned in the e-mails.
Kindly Note that Application complete in all respect be submitted in the sealed envelope super scribing “ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM CCTV- DVR SYSTEM AND FIRE/SMOKE DETECTION SYSTEM” to the Chief General Manager, 2nd Floor Central Office-Annexe, Union Bank of India, MANGALADEVI TEMPLE ROAD, PANDESHWAR, MANGALURU: 575001
3. Invitation of Tender Bids
Union Bank invites tenders comprising of ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE VARIOUS INSTALLATIONS OF THE BANK LOCATED IN MANGALURU. The selected bidder is required to adhere to the terms of this RFP document and any deviation to the
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same shall not be acceptable to Bank. Only those bidders, who satisfy the eligibility criteria mentioned in this RFP document need to respond.
This RFP is an invitation for bidder responses. No contractual obligation on behalf of the Bank whatsoever shall arise from the RFP process unless and until a formal contract is signed & executed by duly authorized officials of the Bank and the successful bidder. However, until a formal contract is prepared and executed, this offer together with Bank’s written acceptance & notification of award shall constitute a binding contract with the successful bidder.
Bidders are expected to examine all instructions, forms, terms, specifications, and other information in the RFP document. Failure to furnish any information required by the RFP document or to submit a bid not substantially responsive to the RFP document in every respect will be at the Bidder’s risk and shall result in the rejection of its bid. The procedure and terms & conditions for submission of bid are enumerated in this RFP.
Any bid received after target date and time of the receipt of bids prescribed as mentioned above, will not be accepted by the Bank. Furthermore, Bidders are advised to submit responses well before the last date and time of bid submission.
4. TWO BID SYSTEM OFFER
The offer will be in two parts; Technical & Financial. Technical part shall be submitted in separate sealed covers duly super-scribed "Technical Offer for AMC of Access Control System, Cctv And Fire/Smoke Detection System” and Financial Part shall be submitted in separate sealed cover duly super-scribed "Financial Offer for AMC of Access Control System, Cctv And Fire/Smoke Detection System”. Both the said parts shall be placed in another sealed envelope super-scribed “Offer for AMC of Access Control System, CCTV And Fire/Smoke Detection System” and should be submitted by the date & Time as stipulated. The offer should be submitted to Security Division, Union Bank of India, FIELD GENERAL MANAGER’S OFFICE, Central Office-Annexe, 2nd Floor, Mangaladevi Temple Road, Pandeshwar, Mangalore: 575001, Karnataka State.
5. SCOPE OF WORK
Our Central Office Annexe, Mangaluru has the following safety & Security Systems which are functioning and are in good condition at the following installation in Mangaluru:
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Servicing and Maintenance of Access Control, CCTV-DVR and Fire & Smoke Detection Systems at the following sites:
S. No. Building Access CCTV-DVR Fire & Remarks Servicing Name Control System Smoke Schedule & System Detection Address System 1. Mac 24 x 7 Monthly/ Central Plus256, 10 DVRs of 2 Control monitoring However, The Office- Access Watch net / Panel with to be done said systems Annexe, Managem Thyonix/Da 645 by the should be Mangaluru, ent haua and Smoke/Heat vendor’s checked by Pandeshwar- System 146 Detectors service service engineers 575001 version Cameras ( Technician every-day and 2.10 for IR Dome, IR stationed in log/record to the 32 doors Bullet, the Security said effect to be in the CCD, PTZ) Control maintained in premises Room at the the log book. premises 2. Centenary 01 DVR of Fire & AMC shall be Public NIL Dahaua and Smoke commenced Quarterly Library, 14 Cameras Detection from the Gandhinagar ( IR Dome, System 4 expiry of the -Mangaluru IR Bullet, Zone-with Warranty CCD, PTZ) Smoke/Heat Period i.e. Detectors 02/08/2022 3. Union Bank NIL 01 DVR of NIL NIL Quarterly House-MD & Dahaua and CEO 7 Cameras ( Residence, IR Dome, IR Chilimbi- Bullet, Mangaluru CCD) 4. Union Bank 01 DVR of AVERT 400 NIL Quarterly House-New Bio-Metric Thyonix Make 4 Zone Core Banking Access and 10 with 50 Cell – Car Control Cameras ( Smoke/Heat Street- System IR Dome, IR Detectors Mangaluru Bullet, CCD) 5. Record Room NIL NIL AVERT 400 NIL Quarterly –Balmatta- Make 4 Zone Mangaluru with Smoke/Heat Detectors
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
6. ELIGIBILITY CRITERIA FOR SHORT-LISTING
Financial & Technical Parameters:
The preliminary evaluation will be done on the following parameters on proof documents submitted along with the application form and offers from firms not conforming to any of these parameters or not supported by proof documents will be rejected.
S.No. Parameters Required Document Remarks a) Registration as a The firm should have Notarised Copy of company/firm as per the registered itself under the Certificate of Registration Law of the Land respective Act / In Union b) Registration under the The firm should have Notarised Copy of shops & Establishment registered itself under the Registration Act. Act c) Registration under the The firm should have Notarised Copy of GST, as applicable. registered itself under the Registration Act d) Registration under The firm should have Notarised Copy of Contract labour registered itself under the Registration (Regulation & Abolition) Act Act, 1970 with the Central and State Governments. e) Registration under The firm should have Notarised Copy of Employees State registered itself under the Registration Insurance Union (ESI) Act f) Registration under the The firm should have Notarised Copy of EPF and MIS Provision registered itself under the Registration Act, 1952 Act g) Assesse of Income Tax & The Firm Should have filed Copy of Income Tax Return Registration under GST Income Tax Return for the filed. act. Assessement Year 2017-18, 2018-19 & 2019-20 h) Sales Turnover The Firms should have an Notarised Copies of the average annual sales Balance Sheet/ Audited turnover of 30 lacs or above Profit & Loss Account for in the last 3 years. the last 3 years. i) Net Profit The firm should have earned Notarised Copies of the profit during last three Balance Sheet/ Audited years, in the last 3 years I.e. Profit & Loss Account for 2017-18, 2018-19 and 2019- the last 3 years. 20.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
j) Experience of firms in the The prospective firm should Notarised Copies of field of servicing and be in the field of Service Level Agreement of maintenance of safety & maintainance and servicing AMC and performance Secuity systems of Access Control System, Certificate shall be Cctv And Fire/Smoke submitted. Detection System for not less than last five years. k) Availability of Technical & The Firm should have the Copy of list of technical Inspection Staff technical man power man power team. services for maintenance & sevicing of Access Control System, Cctv And Fire/Smoke Detection System etc. l) References from Existing Al least three existing Contacts details shall be Customers customer with whom firm submitted is holding AMC for Access Control System/Cctv And Fire/Smoke Detection System m) Own office and service The firm should have its Notarised Copies of Proof Centre at Mangalore/ own office Mangalore/ of Address Bangalore/other Cities of Bangalore and Service Karnataka Centre functioning at Mangalore n) Black listing of the firm Bidder should have not Submit declaration in been black listed at any Annexure I time by the Central /any of the State Governments/ PSUs in India or abroad, any Financial Institutions in India or abroad. o) Cases of Fraud/Cheating The bidder should ensure Submit declaration in that there are no pending Annexure I cases against the bidder involving cheating/fraudulent activities. p) Default in Repayment of Bidder should not be Submit declaration in loan defaulter in repayment of Annexure I installment against credit with any Bank q) Ownership and Control of Firms shall not be owned or A certificate denying the firm/Company controlled by any director ownership of or officer/employee of the Agency/Firm/Manufacturer/
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
bank or their relatives Dealer by any director or having the same meaning as officer/employee of the assigned under section 6 of bank or their relatives the Companies Act 1956. having the same meaning as assigned under section 6 of the Companies Act 1956 issued by the CEO or Director of the Firm to be submitted along
7. GOVERNMENT PURCHASE & PRICE PREFERENCE POLICY
Benefits/facilities as applicable for Micro and Small Enterprises (MSEs) shall be available to MSEs registered with National Small Industries Corporation Limited as per the Purchase & Price Preference Policy of the Government of India subject to them becoming eligible in technical evaluation
8. EARNEST MONEY DEPOSIT
Earnest money deposit (EMD) of Rs.1, 00,000.00 (Rs. one Lack only), in the form of a demand draft issued by a scheduled commercial bank favouring Union Bank of India, payable at Mangalore must be submitted along with the Technical Part (T-Part).
Offers not accompanied with Earnest Money Deposit of Rs 1, 00,000.00, will not be accepted. This amount will be forfeited if, having been selected by the Bank for the job, the offered refuses to accept purchase order or having accepted the purchase order, fails to carry out his obligations mentioned therein. The EMD will be refunded to the unsuccessful offerer. The EMD of successful bidder willl be returned on receipt of the Performance Bank Guarantee. The Earnest Money Deposit will be forfeited if the vendor:-
8.1. Withdraws its bid during bid validity period. 8.2. Refuses to honor commercial bid. Bank reserves the right to place order onto vendor based on prices quoted by them. 8.3. Refuses to accept purchase order or having accepted the purchase order, fails to carry out his obligations mentioned therein. 8.4. Refuses to submit bank guarantee on finalization of rate contract. 8.5. Bid security to successful vendor will be refunded only after successful completion of bid period.
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9. TECHNICAL PART (T-PART).
The technical offer should be complete in all respects and contain all information asked for in this document. It should not contain any price information. However technical offer should confirm that all required rates have been quoted in commercial offer, without showing the actual amounts in the technical offer. Any hardware accessories, software or operating system supplied free along with the system or at a cost must be indicated separately and specifically. Technical offer with price information will be rejected.
It is mandatory to submit the technical details as prescribed in [Annexure – III] duly filled in, along with your offer. In case of non-submission or partial submission of details with proof, the Bank, at its discretion, may not evaluate the offer. The technical offer must be submitted in an organized and structured manner. The following are required to be enclosed with offer;
Covering letter on the prescribed format (Annexure-IV). RFP compliance sheet [Annexure – V].
10. FINANCIAL/COMMERCIAL OFFER ( F-PART)
The F-PART should contain relevant price information and the rates should be quoted in Indian Rupees only. The Commercial Offer should not contradict the Technical Offer in any manner. The Commercial Offer should comprise the Commercial Version of Bill of Material as per Annexure-X and must contain all the price information.
11. OPENING OF OFFERS
Technical offers will be opened at the date and time mentioned above. The offerors/their authorized representatives may be present at the time of opening the tender at their option. No separate intimation will be sent in this regard to the bidders for deputing their representatives.
The Financial bid/commercial offers of the short listed bidders only will be opened. The date and time of opening of the financial bids of the Tender will be intimated separately. Authorized representative/s from the short listed bidders may be present at the time of opening of the Commercial Offer(s). No separate intimation will be sent in this regard to the bidders for deputing their representatives.
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12. EVALUATION PROCESS
Offers will be evaluated in the following stages:
1. Stage I
Offers will be evaluated against the stipulated minimum eligibility criteria, technical specifications and other terms and conditions. Offers not complying with the eligibility criteria with it will be rejected summarily. Also Incomplete Offers and offers not accompanied by the mandatory documents and EMD, shall be rejected.
2. Stage II
Opening of commercial offers of the short-listed Bidders.
13. NO COMMITMENT TO ACCEPT LOWEST OR ANY TENDER
The Bank shall be under no obligation to accept the lowest or any other offer received in response to this notice and shall be entitled to reject any or all offers without assigning any reasons whatsoever.
14. TAKING UP THE AMC & CANCELLATION OF ORDER
If the short listed vendor who has been given AMC work order by the Bank, fails to take up the AMC within the stipulated time schedule or the extended date as communicated by the Bank, the Bank reserves the right to cancel the order in the event of delay in taking up the AMC and forfeit the Earnest Money Deposit.
15. PAYMENT TERMS
No advance payment will be made by the bank. Bill/Invoice to be submitted for payment on satisfactory completion of the work. The bank will deduct TDS/GST TDS or any other deductible taxes as per the Govt. Orders.
16. PERFORMANCE BANK GUARANTEE
Successful bidders shall submit a Performance Bank Guarantee as per the format mentioned in Annexure VII for an amount equal to the 10% of the total contract value for 3 years along with the unconditional letter of acceptance within 15 days of the date of the work order issued by the Bank. The bank guarantee shall be for a period of three years from the date of signing the agreement by the successful bidder, obtained from any public/private sector Bank, excluding Union Bank of India. If the vendor fails to submit the Bank Guarantee along with the unconditional letter of acceptance within the stipulated period, the Bank reserves the right to forfeit the Earnest Money Deposit and cancel the work order for the AMC.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
17. GUARANTEES
All the components, if any, delivered to the Bank should be brand new. The vendor should also guarantee that all the software / components supplied by the vendor is licensed and legally obtained.
18. AVAILABILITY OF SPARES
Spares for the product offered should be available during contractual period.
19. WARRANTY
The vendor shall be fully responsible for the manufacturer’s warranty in respect of proper design, quality and workmanship of all equipment’s, accessories, etc., covered under the offer. The vendor must warrant all equipment’s, accessories, spare parts etc., against any manufacturing defects during the warranty period. During the warranty period the vendor shall maintain the equipment and repair / replace all the defective components at the installed site at no additional charge of whatsoever nature to the Bank. During defect liability period (warranty period) vendor should attend to all repairs / defects / replacement of major/minor spare parts free of cost. In case of failure on the part of the vendor to attend to the defects within a reasonable period, the Bank on its own will get the defects rectified through another agency at the risk and cost of vendor and repairs rectified through another agency in such circumstance will not affect the liabilities of the vendor on the warranty for its remaining period nor will it affect the vendor's liabilities on the stipulated post-warranty Annual Maintenance Contracts. The bidder 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.
20. MAINTENANCE STANDARD EXPECTED DURING WARRANTY
The vendor should ensure that the defects in the afore said safety & Security systems is to set right on the same day or the next day. In case, the system or any equipment cannot be repaired within the stipulated period, the vendor should provide a replacement till the system/equipment is repaired.
21. ANNUAL MAINTENANCE CONTRACT
The contract period for Access control system and CCTV-DVR, Fire/smoke detection system installed at the installations of the bank located in Mangaluru will be for three years subject to yearly renewal based on the satisfactory performance of the contracted vendor. The rates arrived through tender process for Servicing & Maintenance of the said Safety & Security Equipment will remain fixed for a maximum period of three years. In
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
special cases, the contract period can be extended beyond three years for a specified period not exceeding one year for circumstances unforeseen without any increase in AMC charges. Any point in time during the contractual period the shortlisted vendor should be willing to accept the AMC of any new Access control system and CCTV-DVR, Fire/smoke detection system as per the requirement of the Bank.
If any of the peripherals, components etc., are not available or difficult to procure or if the procurement is likely to be delayed, the replacement shall be carried out with equipment of equivalent capacity or higher capacity at no additional charges to the Bank during the currency of warranty period and AMC period.
22. LABOUR COMPLIANCE
The firm should be bound by Labour laws and should provide insurance for safety of all their staff deputed during the contractual period as per the law of the Land.
23. AUTHORIZATION TO BID
The proposal/ bid being submitted would be binding on the Bidder. As such, it is necessary that authorized personnel of the firm or organization sign the bid documents. The designated personnel should be authorized by a senior official of the organization having authority, duly supported by copy of Board resolution and Power of Attorney.
All pages of the bid should be initialled by the person or persons signing the bid.
Bid form as per Annexure II should be signed in full & official seal affixed.
Any inter‐lineation, erasure or overwriting shall be valid only if they are initialed by the person or persons signing the Bid.
All such initials shall be supported by a rubber stamp impression of the Bidder’s firm.
The proposal must be accompanied with an undertaking letter duly signed by the designated personnel providing a bid commitment. The letter should also indicate the complete name and designation of the designated personnel.
24. TAXES, DUTIES AND OTHER STATUTORY REGULATIONS
The Bidder/Service Provider will be entirely responsible for all applicable taxes, charges, license fees, road permits etc. Bank will only pay the GST, if applicable.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Income / Corporate Taxes in India: The Bidder/vendor 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/vendor shall include all such taxes in the contract rate.
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 Bidder/supplier. 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/vendor from his responsibility to pay any tax that may be levied in India on income and profits made by the Bidder/vendor in respect of this contract.
The Bidder’s/vendor'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/vendor shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations
The Bidder shall comply with all the statutory obligations of the Government of India / State Governments/ labor laws and local authorities applicable and the Bank shall not be liable for any action under the statutes applicable due to non‐fulfillment of statutory obligations by the Vendor/ Bidder.
The successful bidder has to execute a Service Level Agreement (SLA) upon selection. The Agreement shall be executed at the FGMO-MANGALURU and the stamp duty shall be payable under the laws of respective states, where agreement is executed. All the expenses towards execution of Agreement and stamp duty shall be borne by the bidder.
25. Bidding Document
The Bidder is expected to examine all instructions, forms, terms and conditions and technical specifications in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidders’ risk and may result in the rejection of its bid. Bidder should strictly submit the bid as per RFP failing which the bid will be rejected as non‐responsive.
The bidder is advised to carefully read and understand the complete scope/ value and volume of the contract involved before submitting their tenders. In general, bidder
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
shall himself obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. Submission of a tender by the bidder implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions, rates and other factors bearing on the execution of the works. No clarifications will be entertained after submitting the tenders.
26. CONTACTING THE BANK
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.
Any effort by a bidder to influence the Bank in evaluation of the bid, bid comparison or contract award decision may result in the rejection of the bid. Bank's decision will be final and without prejudice and will be binding on all the parties.
27. BANK’S RIGHT TO ACCEPT OR REJECT ANY BID OR ALL BIDS
The Bank further reserves the right to accept or reject any offer and annul the bidding process or even reject all bids at any time prior to award of the contract, without thereby incurring any liability to the affected bidder or bidders or without any obligation to inform the affected bidder or bidders about the grounds for the Bank’s action. When the Bank makes any such rejection, the Bank will not be bound to give any reason and/or justification in this regard to the vendor.
28. FRAUD & CORRUPT PRACTICES
The Bidder and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process. Notwithstanding anything to the contrary contained herein, the Bank shall reject the bid without being liable in any manner whatsoever to the Bidder if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt/fraudulent/ coercive/ undesirable or restrictive practices in the Bidding Process.
Without prejudice to the rights of the Bank, if a Bidder is found by the Bank to have directly or indirectly or through an agent, engaged or indulged in any corrupt/fraudulent/coercive/undesirable or restrictive practices during the Bidding Process, such Bidder shall not be eligible to participate in any RFP issued by the Bank during a period of 2 (two) years from the date if such Bidder is found by the Bank to have directly or indirectly or through an agent, engaged or indulged in any corrupt/ fraudulent/ coercive/ undesirable or restrictive practices, as the case may be.
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For the purposes of this Clause, the following terms shall have the meaning hereinafter, respectively assigned to them.
“corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Bank who is or has been associated in any manner, directly or indirectly with the Bidding Process or the Letter of Authority or has dealt with matters concerning the Concession Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Bank, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the Letter of Authority or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the Letter of Authority or the Agreement, who at any time has been or is a legal, financial or technical adviser of the Bank in relation to any matter concerning the Project.
“Fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process.
“Coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process.
“Undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Bank with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and
“Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.
29. REVELATION OF PRICES
The prices in any form or by any reasons should not be disclosed in the technical or other parts of the bid except in the commercial bid. Failure to do so will make the bid liable to be rejected.
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30. CLARIFICATIONS OF BIDS
To assist in the examination, evaluation and comparison of bids the bank may, at its discretion, ask the bidder for clarification. The response should be in writing and no change in the price or substance of the bid shall be sought, offered or permitted.
Bidder requiring any clarification of the Bidding Document may notify the Bank in writing as per Annexure VIII– Format for clarification at the address given above or by e‐mail indicated in Schedule of Events & Bid Details. Queries/clarifications will not be entertained over the phone.
The Bidder is requested to collate and submit queries together to seek clarifications / responses from Bank. The Bidder should ensure that all the queries and clarifications are communicated in writing on or before the date given in the schedule of events of this RFP document. Bidders are requested to visit our Banks website for clarifications and other communications.
The Bank reserves the sole right for carrying out amendments / modifications / changes in the bidding process including any addendum to this entire bid. The bidders shall not claim as a right, requiring the Bank to do the aforesaid.
Text of queries raised (without identifying source of query) and response of the Bank together with amendment to the bidding document, if any will be posted on Bank’s website. No individual clarification will be sent to the bidders. It is the responsibility of the bidder to check the website before final submission of bids.
Relaxation in any of the terms contained in the Bid, in general, will not be permitted, but if granted, the same will be put up on Bank’s Website.
All bidders must ensure that such clarifications / amendments have been considered by them before submitting the bid and all such addendums /amendments/notices shall be binding on them. Bank will not take responsibility for any omissions by bidder.
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.
If required, the Bank at its sole discretion may extend the deadline for submission of bids in order to allow prospective bidders reasonable time in which they need to take the amendment into account in preparing their bids. The Bank reserves the rights to extend the deadline for the submission of bids. However, no request from the bidder, shall be binding on Union Bank for the same. The Bank’s decision in this regard shall be final, conclusive and binding on all the Bidders.
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31 BID VALIDITY
The bidder shall keep the bid valid for a period of 180 days from the last date of submission of bids which may be extended for further period of three months at the sole discretion of the Bank.
32 SUBMISSION OF BIDS
Bids must be submitted not later than the specified date and time mentioned in the Bid Document. If specified date of submission of bids being declared a holiday for the Bank, the bids will be received up to the specified time in the next working day. The Bank may, at its discretion, extend this deadline for 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 extended. All the correspondence/bid should be addressed to Bank at the following address:
The Chief General Manager Union Bank of India, FIELD GENERAL MANAGER’S OFFICE, 2nd Floor, Central Office-Annexe, Mangaladevi Temple Road, Pandeshwar, Mangaluru-575001
33. LATE BIDS
Any bid received by the Bank after the deadline for submission of bid, will be rejected.
34. SIGNING OF CONTRACT
The successful bidder shall execute the Service level Agreement as per Annexure IX with the Bank. RFP document and corrigendum will be the part of the contract.
The successful bidder shall execute the Service level Agreement (SLA) within 2 weeks from the date of acceptance of work order within one week after receiving the purchase order or within such extended period as may be permitted by the Bank on the basis of Tender Document, the tender of the successful bidder, the letter of acceptance and with such other terms and conditions as may be determined by the Bank to be necessary for the due performance of the work in accordance with the Bid and acceptance thereof. Payment will not be released in the absence of above signed agreement.
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35. GENERAL TERMS
The tender documents shall be submitted strictly in conformity with the specifications.
The eligibility will be ascertained first to identify the eligible bidders for evaluation of technical bids. Subsequently the technical bids of eligible bidders will be processed to find the eligible bidders for opening and evaluation of commercial bids. The bids received and accepted will be evaluated by the Bank to ascertain the lowest bid in the interest of the Bank. However, the Bank does not bind itself to accept the lowest or any Bid and reserves the right to reject any or all bids at any point of time prior to the issuance of order/letter of intent without assigning any reasons whatsoever. The Bank reserves the right to re‐tender. The Bank shall not incur any liability to the affected bidder(s) because of such rejection. The Bank shall not be obliged to inform the affected bidder(s) of the ground for the Bank’s rejection.
The Bank is not responsible for non‐receipt of bids within the stipulated date and time due to any reason including postal delays or holidays.
The Bank reserves the right to the following :
o To modify the terms & conditions and specifications detailed in the RFP and also to obtain revised prices from the bidders with regard to such changes. o All the Software to be supplied should be original, latest version & licensed. o Canvassing of any kind will not only invite disqualification but also will debar the Bidder from future participation in the tendering process. o Bidder has to comply with the standard data security system and abide by the Information Security policy of the Bank. o During the evaluation process at any stage if it is found that the bidder does not meet the eligibility criteria or has submitted false/incorrect information the bid will be rejected summarily by the bank. o Bidder has to comply with all terms and conditions as mentioned in this RFP document. Bids not conforming to the requirements of the RFP may not be considered by the Bank. However, the Bank reserves the right, at any time, to waive any of the requirements of the RFP, if in the sole discretion of the Bank, the best interest of the Bank be served by such waiver. o The RFP and all supporting documents are the sole property of the Bank and violation of this will be a breach of trust and Bank would be free to initiate any action deemed appropriate. The proposal and all supporting documentation submitted by bidders shall become the property of the Bank.
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36 REJECTION OF BID
The Bid is liable to be rejected if:
The document does not bear signature of authorized person in each page and duly stamped. It is received after expiry of the due date and time stipulated for Bid submission. It is not submitted in the prescribed format, Incomplete &/or not containing sufficient information including non‐submission or non‐furnishing of requisite documents / Conditional Bids / Bids not conforming to the terms and conditions stipulated in this Request for proposal (RFP), are liable for rejection by the Bank. It is evasive or contains incorrect information. Any form of canvassing / lobbying /influence/ query regarding short listing, status etc. is made. It does not comply with all the points mentioned in the scope of work. Noncompliance of any RFP clause will lead to rejection of the bid. Non submission of bid security/EMD
37 PRE BID MEETING
For the purpose of clarifications of doubts of the bidders on issues related to the RFP, Bank intends to hold a pre bid meeting on the date & time as indicated in the RFP. It may be noted that no query of any bidder shall be entertained / received after the mentioned date. Queries raised by the prospective bidders and the Bank’s response will be available at Bank’s web site. Only authorized representative of bidder (maximum two) will be allowed to attend the Pre‐bid meeting.
Non‐ attendance at the Pre‐bid Meeting will not be a cause for disqualification of a bidder.
Any modification of the RFP, which may become necessary as a result of the Pre‐ bid Meeting, shall be made by the Bank exclusively through the issue of an Addendum/Corrigendum on Bank’s website www.unionbankofindia.co.in and Government of India Procurement Portal www.eprocure.gov.in
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38. MODIFICATION AND WITHDRAWALS OF BID
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 received by the Bank, prior to the deadline prescribed for submission of Bids.
A withdrawal notice may also be sent by Fax, but followed by a signed confirmation copy, not later than the deadline for submission of Bids.
No Bid may be modified after the deadline for submission of Bids.
No Bid may be withdrawn in the intervening period between the deadline for submission of Bid and the expiration of the period of Bid validity specified in the Bid Form. Withdrawal of a Bid during this interval may result in the Bidder’s forfeiture of its EMD.
39 RFP RESPONSE
If the response to this RFP does not include the information required or is incomplete or submission is through Fax or through e‐mail, the response to the RFP is liable to be rejected.
All submissions will become the property of Bank. Recipients shall be deemed to license, and grant all rights to, Bank to reproduce the whole or any portion of their submission for the purpose of evaluation, to disclose the contents of the submission to other Recipients who have registered a submission and to disclose and/or use the contents of the submission as the basis for any resulting RFP process, notwithstanding any copyright or other intellectual property right that may subsist in the submission or Banking documents.
40 LIQUIDATED DAMAGE
Bank reserves its right to recover the damages through any mode such as by recovering from the amounts payable for the services rendered or invoking the Bank Guarantee or any other assets of the bidder lying with the Bank.
Control Room shall be manned 24 x 7, by three service engineers, stationed at Central Office, Annexe Mangaluru, Union Bank of India to maintain the Systems on all days and during night. Bank will be at liberty to levy a penalty of Rs. 1000/- (Rupees One
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Thousand) per shift of absence by your service engineer. Attendance of the service engineer/s on duty to be ensured/ monitored by the VENDOR.
Any such recovery or liquidated damages shall not in any way relieve the Successful bidder from any of its obligations to complete the works / service(s) or from any other obligations and liabilities under the Contract/Agreement/Purchase Order.
Bank reserves the right to condone the delay, if it is not attributable to the Successful Bidder.
41 PRICE VALIDITY
Prices payable to the Bidder as stated in the Contract shall be fixed and not subject to any changes at any circumstances during the period of contract. The commercial offer shall be on a fixed price basis. No upward revision in the price will be considered on account of subsequent increase in customs duty and other various Taxes etc. However, if there is any reduction in government levies/taxes, during the contractual period, the same shall be passed on to the Bank.
42 PAYMENT TERMS
The AMC charges will be released in four installments at the end of every three- month period, against submission of Bill/Invoice with quarterly service report of each security system. Bank will verify the claim received and release the payment within 15 days of receiving the claim complete in all respects. While making payment, the Bank will deduct TDS and other statutory dues as applicable, to comply with the laws of the land. The amount will be credited to the account of the successful bidder electronically, through RTGS or NEFT. Bidder need to provide the information like PAN/GST/TAN/bank details/etc. required for releasing payment on their letter head along with invoices. In case bidder provides incorrect information, bank will not be responsible.
43 DELIVERY
On acceptance of bid, the Bank shall issue a Letter of Approval/work order to the successful bidder. The Bidder shall give an unconditional letter of acceptance of offer, provide Performance Guarantee and enter into Agreement with the Bank as per the format within 15 days of the date of letter of intent failing which the Bank reserves the right to invoke the Bank Guarantee for the Earnest Money Deposit and cancel the purchase contract. Firm purchase order will be placed by the Bank, only after the successful bidder signs the Agreement.
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Time is the essence of this contract. The successful bidder shall commence his services within one month from the date of Letter of Intent. Any delay in commencement of the services will attract penalty @ ` 5,000/‐ per week or part thereof. In case the vendor fails to commence services, within the above delivery period, the Bank shall be at liberty to cancel the order. In such eventuality, EMD shall be forfeited.
44 AUTHORISED SIGNATORY
The selected bidder shall indicate the authorized signatories who can discuss and correspond with the Bank, with regard to the obligations under the contract. The selected bidder shall submit, at the time of signing the contract, a certified copy of the resolution of their board, authenticated by the company secretary, authorizing an official or officials of the bidder to discuss, sign agreements/contracts with the Bank, raise invoice and accept payments and also to correspond. The bidder shall provide proof of signature identification for the above purposes as required by the Bank.
45 COMPLIANCE WITH LAWS
The Service Provider agrees that it shall comply with all applicable union, state and local laws, ordinances, regulations and codes in performing its obligations hereunder, including the procurement of licenses, permits and certificates and payment of taxes where required. If at any time during the term of this Agreement, the Bank is informed or information comes to the Bank’s attention that the Service Provider is or may be in violation of any law, ordinance, regulation, or code (or if it is so decreed or adjudged by any court, tribunal or other authority), the Bank shall be entitled to terminate this Agreement with immediate effect.
The Service Provider shall be responsible for compliance of all laws, rules, regulations and ordinances applicable in respect of its employees and agents including but not limited to Minimum Wages Act, Provident Fund laws, Workmen's Compensation Act and shall establish and maintain all proper records particularly but without limitation, accounting records, required by any law, code, practice or corporate policy applicable to it from time to time including records and returns as applicable under the Labour Legislation and the Service Provider shall indemnify and save the Bank harmless in the event of any claim from any statutory authority or any employee(s)or agent.
46 CONFIDENTIALITY AND SECRECY
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All tangible and intangible information obtained, developed or disclosed by the bidder including all documents, data, papers, statements, any business/customer information, trade secrets and process of the Bank relating to its business practices in connection with the performance of said services under this RFP or otherwise, is deemed by the Bank and shall be considered to be confidential and proprietary information (“Confidential Information”).
The Service Provider shall ensure that the Confidential Information shall not be used or permitted to be used in any manner except for the purpose of performance under this RFP and the Service Provider shall not disclose or part with the Confidential Information to unauthorized person(s). The Service Provider shall ensure that the Confidential Information is safe ed and shall take all necessary action to protect it against misuse, loss, destruction, alterations or deletions thereof. The Service Provider shall ensure that their employees/agent are bound by similar obligation to maintain secrecy in respect of Confidential Information. In the event of any breach or threatened breach of this clause by the Service Provider and/or its employees/agents, the Service Provider shall be liable to pay damages as may be quantified by the Bank.
In the event of any breach or threatened breach of this section by Service Provider/its employees/agents, monetary damages may not be an adequate remedy; therefore, the Bank shall be entitled to injunctive relief to restrain the Service Provider/its employees/agents from any such breach, threatened or actual.
The provision under this para shall survive even after the expiry or termination of this agreement.
On the expiry or termination of this Agreement, Service Provider shall handover or cause to be handed over all the Confidential Information, assets, documents, instruments and/or properties of or relating to the Bank and all other related materials in possession of Service Provider to an authorised official of the Bank.
47 INDEMNITY
The selected bidder shall fully indemnify and hold harmless the Bank against any penalty imposed by RBI for any reason connected with the services rendered by the selected bidder, liability, losses, claims, costs including attorney's cost, expenses accruing, incurred or suffered by the Bank directly or indirectly arising on account:
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Of any act, commission or omission, negligence, fraud, forgery, dishonesty, misconduct or violation of any of the terms and conditions of this RFP by the selected bidder/its employees/agents. Of any robbery, theft, extortion, misappropriation, accident when any assets or properties or documents or instruments are or deemed to be in the custody of the selected bidder.
The selected bidder shall be liable to pay the amount to the Bank as determined by the Bank under this provision on demand and the Bank shall be entitled to adjust the amounts so determined to be due from the selected bidder against the future payments due by the Bank to the selected bidder.
The selected bidder shall fully indemnify and hold harmless the Bank against Intellectual Property Rights (IPR), confidentiality and labour law violations.
Infringement of any patent trademarks copyrights etc. or such other statutory infringements in respect of all components provided to fulfill the scope of this project. The selected Bidder shall further indemnify the Bank against any loss or damage arising out of loss of data, claims of infringement of third‐ party copyright, patents, or other intellectual property, and third‐party claims on the Bank.
The selected bidder shall in no event enter into a settlement, compromise or makes any statement (including failure to take appropriate steps) that may be detrimental to the Bank's (and/or its customers, users and service providers) rights, interest and reputation.
48. PATENTS RIGHTS
The vendor shall indemnify the purchaser against all third party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods, or any part thereof in India.
The vendor shall, at their own expense, defend and indemnify the Bank against all third party claims or infringement of intellectual Property Right, including Patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India or abroad.
The vendor r shall expeditiously extinguish any such claims and shall have full rights to defend it there from. If the Bank is required to pay compensation to a
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third party resulting from such infringement, the vendor shall be fully responsible for, including all expenses and court and legal fees.
The Bank will give notice to the Supplier of any such claim without delay, provide reasonable assistance to the vendor in disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim. The vendor shall grant to the bank a fully paid-up, irrevocable, non-exclusive license throughout the territory of India or abroad to access, replicate and use software (and other software items) if any, provided by the supplier, including- all inventions, designs and marks embodied therein in perpetuity.
49 NON-TRANSFERABLE OFFER.
This Request for Proposal (RFP) is not transferable. Only the bidder who has submitted the bid will be eligible for participation in the evaluation process.
50 OWNERSHIP AND RETENTION OF DOCUMENTS
55.1 All information processed, stored, or transmitted by successful Bidder application belongs to the Bank. By having the responsibility to maintain the application, the Bidder does not acquire implicit access rights to the information or rights to redistribute the information. The Bidder understands that civil, criminal, or administrative penalties may apply for failure to protect information appropriately. Any information considered sensitive by the bank must be protected by the successful Bidder from unauthorized disclosure, modification or access. The bank’s decision will be final.
51. AUDIT
The services provided by the bidder shall be subject to the audit at the discretion of the Bank.
The Bidder shall at all times whenever required furnish all information, records, data stored in whatsoever form to internal, external, Bank appointed and statutory/RBI inspecting auditors and extend full cooperation in carrying out of such inspection. The Bidder will also undertake to co‐operate with the RBI to carry out its supervisory functions and objectives and will furnish all records and other information as RBI may call for to carry our inspection and/or other functions. The Bidder is required to facilitate the same at no additional cost and shall provide uninterrupted access to the
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documents required by the auditors. Further the Bidder has to ensure rectification of all the irregularities thus pointed out by the auditor within a stipulated time frame.
In line of above, the selected bidder shall ensure that all regulatory, Statutory, Local Administration requirements are adhered to subsequently while undertaking deliverable and services over the period of contract without any additional cost to Bank.
To the extent that the Bank deems it necessary to carry out a program of inspection and audit to safe against threats and hazards to the confidentiality, integrity, and availability of data, the Bidder shall afford the Bank’s representative access to the Bidder’s facilities, installations, technical resources, operations, documentation, records, databases and personnel. The Bidder must provide the Bank access to various monitoring and performance measurement system (both manual and automated). The Bank has the right to get the monitoring and performance measurement systems (both manual and automated) audited without prior approval / notice to the bidder.
52. LIABILITY
Bidder’s aggregate liability under the contract shall apply to third party claims for bodily injury/electric shock (including death) and damage to real property (due to malfunction of equipment) and tangible personal property caused by vendor’s gross negligence/lapse or due to below standard equipment used by vendor. Vendor shall be liable for any indirect, consequential, or special damages due to malfunction of the security equipment under the agreement / purchase order.
Bank shall hold the Successful Bidder, its Successors, Assignees and Administrators fully liable against loss or liability, claims, actions or proceedings, arising out of non‐ fulfillment of any obligations under the Contract and such liability of the Successful Bidder will be restricted to the actual amount of the Contract.
Successful Bidder shall be the principal employer of the employees, agents, engaged by Successful Bidder and shall be vicariously liable for all the acts, deeds or things done by its employees, agents, etc., whether the same is within the scope of power or outside the scope of power, vested or instructions issued by the Bank under the Contract to be issued for this tender.
However, the Successful Bidder would be given an opportunity to be heard by the Bank prior to making of a decision in respect of such loss or damage.
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53 FORCE MAJEURE
Force Majeure is herein defined as any cause, which is beyond the control of the selected Bidder or the Bank as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affect the performance of the Contract, such as:
Natural phenomena, including but not limited to floods, droughts, earthquakes, epidemics, of any Government, including but not limited to war, declared or undeclared, priorities, quarantines, embargoes, Terrorist attacks, public unrest in work area; Provided either party shall within ten (10) days from the occurrence of such a cause notify the other in writing of such causes. The Bidder or the Bank shall not be liable for delay in performing his/her obligations resulting from any Force Majeure cause as referred to and/or defined above.
54. ENFORCEABILITY
The decision of the Bank in arriving at the conclusion of breach of conditions and/or default of bidder will be accepted by the bidder without any demur and the Bank will be at liberty to enforce these conditions/rights.
55 MINIMUM WAGES
The bidder hereby agrees and undertakes that during the subsistence of this agreement it will not employ any personnel/individual below the Minimum Wages fixed by appropriate Government on this behalf from time to time, as per the provisions of Minimum Wages Act 1948.
56 SUCCESSORS
The Agreement with successful bidder/s shall binds the heirs, executors, administrators, successors and permitted assigns of the Service Provider with respect to all covenants herein, and cannot be changed except by written agreement signed by both parties. The term “Service Provider " wherever used shall mean and include its employees, agents, subcontractors and representatives and the heirs, executors,
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administrators, successors and assigns of ail such employees, agents, subcontractors and representatives.
57 TERMINATION OF CONTRACT
If the Termination is on account of failure of the Vendor to perform the obligations under this RFP contract, the Bank shall have the right to invoke the Performance Bank Guarantee(s) given by the selected bidder. The Bank shall have a right to terminate this Agreement at any time without assigning any reasons thereto, by giving not less than 30 days prior written notice of the intention to do so, to the Successful Bidder. The Bank will be entitled to terminate this Contract, without any cost to the Bank and recover expenditure incurred by Bank, on the happening of any one or more of the following conditions by giving 30 days notice in writing to service provider:
o The selected bidder commits a breach of any of the terms and conditions of the bid. o The Vendor goes into liquidation voluntarily or otherwise. o An attachment is levied or continues to be levied for a period of 7 days upon effects of the Agreement. o The progress regarding the execution of the order accepted by the selected bidder is found to be unsatisfactory or delay in execution of the contract, the Bank reserves the right to get the contract executed by the another party of its choice by giving one month’s notice for the same. In this event, the selected bidder is bound to make good the additional expenditure, which Bank may have to incur in executing the contract. This clause is applicable, if for any reason, the contract is cancelled.
o An act of omission by the Bidder, its employees, its agents, or employees of the consortium in the performance of the services provided by this contract.
o In Material discrepancies in the Services noted, the Bank reserves the right to procure the same from the alternate sources at the risk, cost and responsibility of the selected bidder. o Selected bidder or its employee/agent deployed are found to be indulging in frauds. o The Bank suffers a financial and reputation loss on account of any activity of Vendor. o In the event of any default by the Service Provider, if in the reasonable opinion of the Bank, performance of any of the said services under this RFP contract by the Service Provider, is not acceptable being in contravention of any laws as
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may be applicable from time to time or industry practice, under the circumstances which would amount to objectionable service. o If Service Provider fails to perform the said services under this RFP contract or to observe any of its obligations or breaches all or any of the terms of this Agreement. o If a petition for insolvency is filed against the Service Provider and such petition is not dismissed within Ninety (90) days after filing and/or if the Service Provider makes an arrangement for the benefit of its creditors or, if the Court Receiver is appointed as receiver of all/any of Service Provider’s properties. o If in the opinion of the Bank the interest of the Bank is jeopardized in any manner whatsoever. o It is hereby agreed and understood by the parties that the provisions of this Clause shall not limit or restrict nor shall they preclude the Bank from pursuing such further and other legal actions, against Service Provider for any breach or noncompliance of the terms of this Agreement o Failure of the bidder to accept the contract and furnish the Performance Bank Guarantee within 30 days from receipt of purchase order. o In addition to the cancellation of contract, Bank reserves the right to appropriate the damages through encashment of Bid Security /Performance Guarantee given by the Bidder
58 DEDUCTION FROM PURCHASE PRICE
The bidder shall reimburse the Bank all costs, charges, damages or expenses which the Bank may have paid or suffered and to the extent to which the bidder is obliged and responsible under this Contract to do so, within 30 days upon written request of the Bank failing which such costs, charges, damages or expenses including statutory payments, if any, shall be deducted by the Bank from any money due or becoming due to the bidder under this contract or any other Contract or may be recovered by encashment of Bank Guarantees or by arbitration/action of law or otherwise from the Supplier.
59 WAIVER
Non‐enforcement by either party of any of the provisions of this Contract shall not construe or constitute as a waiver of the provision itself or any subsequent breach thereof. The validity of the Contract shall not be affected, should one or more of its stipulations be or become legally invalid and such stipulation is severable from and not fundamental to the obligations of either party to this Contract. In such a case, the
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parties shall negotiate in good faith to replace the invalid clause by an agreed stipulation which is in accordance with the applicable Indian Law and which shall be as close as possible to the party’s original indent.
The failure on the part of the Bank to insist upon the performance of any terms and conditions of RFP, to exercise any right or privilege conferred in this RFP, or to demand any penalties resulting from any breach of any of the terms or conditions of this RFP shall not to be construed as a waiver on the part of the Bank of any terms, conditions, rights or privileges, but the same shall continue and remain in full force and effect, nor will such waiver affect any subsequent breach or subsequent action in that behalf.
60 PROPRIETORY RIGHTS
The work product including but not limited to all information, reports, studies, software (including source codes, object codes and executables), flow charts, diagrams and other intangible and tangible material of any nature whatsoever produced by or as a result of any of the services rendered by the Service Provider shall be the sole and exclusive property of the Bank. In furtherance thereof, the Service Provider hereby‐irrevocably grants, assigns, transfers to the Bank all rights, title and interest of any kind, in and to any work product produced under RFP contract. The Service Provider shall be entitled to make absolutely no use of any of the materials except as may be expressly permitted in writing by the Bank.
61 NEGLIGENCE
In connection with the work the provisions of General Terms, if the Successful Bidder neglects to execute the work with due diligence or expedition or refuses or neglects to comply with any reasonable notice given to him in writing calling upon him to make good the failure, neglect or contravention complained of, within such times as may be deemed reasonable and in default, the Bank shall have the right to cancel the Contract holding the Successful bidder liable for the damages that the Bank may sustain in this behalf. Thereafter, the Bank is to be compensated to make good the failure at the risk and cost of the Successful Bidder.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
62 REVIEW OF CONTRACT AND PERFORMANCE
Bank shall have the right of periodical review of the performance of the bidder under the contract which would be basis of continuation or termination of the same.
Bank shall also have the right to review, either itself or through another agency as it may deem fit, the financial and operating performance of the bidder in order to assess the ability of the bidder to continue to meet its outsourcing/contractual obligations.
63 PROPOSAL OWNERSHIP
The proposal and all supporting documents submitted by the bidders shall become the property of Union Bank of India unless the bank agrees to the vendor’s specific requests, in writing, that the proposal and documents be returned or destroyed.
64 NOTIFICATION OF AWARD
Prior to expiration of the period of Bid validity, the Bank will notify the successful Bidders in writing or by e‐mail that their Bids have been accepted.
Upon notification of award to successful bidders, Bank will notify each unsuccessful Bidder and will discharge their Bid security. After selection of the Bidders, the Bank will follow its internal procedure for necessary approvals and thereafter proceed with placing of letter of approval or otherwise to the Bidders.
65 ARBITRATION
Any dispute, controversy or claims, arising out of or relating to this Agreement or the breach, termination or in validity thereof, shall be settled by arbitration of a sole arbitrator jointly appointed by the Parties, or if the Parties are unable to Agree upon an arbitrator, to the arbitration panel of 3 (three) arbitrators, 1(one) to be appointed by each disputing Party and the third to be appointed by the 2(two) arbitrators so appointed. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or modification, amendment, consolidation or re‐enactment thereof. The arbitrator/s will have power to regulate their own procedure, including summary powers.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
The place of arbitration shall be Mangaluru, Karnataka State, India and any award whether interim or final, shall be made and shall be deemed for all purposes between the Parties to be made in Mangaluru, Karnataka State, India.
The award of the arbitrators shall be final and conclusive and binding upon the Parties, and the parties shall be entitled to enter judgment thereon. The Parties further agree that such enforcement shall be subject to the provisions of the Arbitration and Conciliation Act, 1996.
Subject to the aforesaid, for all matters for which the courts of law would have jurisdiction, including without limitation for an application for the appointment of an arbitrator under the provisions of section 11 of the Arbitration and Conciliation Act, 1996, the courts of law at Mangaluru, Karnataka State, India entering in to the agreement, shall have exclusive jurisdiction.
66 OTHER TERMS AND CONDITIONS
In case any information furnished during the bidding process is found to be incorrect, Bank will not only be summarily rejecting the current bid but the company itself may be debarred from any future bidding with the Bank for a period of 3 years. The Bank may share such information with Indian Bankers’ Association (IBA), which is the voluntary representative body of all banking institutions in the country, who, in turn, may share the information among its member institutions. This clause would be applicable only if the Bidder fraudulently misrepresents itself to the Bank.
All notices regarding corrigenda, addenda, amendments, time‐extension, clarification, response to bidders’ queries etc., if any to this RFP, will not be published through any advertisement in newspapers or any other mass media. Prospective bidders shall regularly visit Bank’s website to get themselves updated on changes / development in relation to this RFP.
Please note that any other terms and conditions whether implicitly or explicitly stated in any of your responses will be ignored.
No contractual whatsoever shall arise from the RFP process unless and until a formal contract is signed and executed by duly authorized officials of the Bank and the successful Bidder. The bidder shall agree that until a formal agreement on stamp paper is prepared and signed with the Bank, this RFP together with Bank’s written acceptance and notification of award shall constitute a binding contract between the successful bidder and the bank.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
The Bank shall have the right to cancel the RFP process at any time prior to award of contract, without thereby incurring any liabilities to the affected Bidder(s). The reasons for cancellation, as determined by the Bank in its sole discretion.
All the pages of tender document shall be sealed and signed by Authorized signatory as token of having read the entire tender document and understood the instructions, terms & conditions etc. No changes whatsoever be permitted in the tender document and the bid submitted by the bidder shall be strictly as per Bank’s format. Bank reserves the right to cancel the contract in the event of any of the following events:
Delay in delivery beyond specified period/delivery against prescribed guidelines and practices.
Serious discrepancy in the dealings /functioning of service provider which results in branch of terms, financial loss /reputation loss to bank.
Detection of fraud/criminal intention/background with Service provider or its employees or agents.
Bank reserves the right to appropriate the damages though encashment of bid security/EMD/PBG given by the service provider or recover the loss from the amount payable if any to service provider.
67 JURISDICTION
Notwithstanding anything contained herein above, in case of any dispute, claim and legal action arising out of this RFP, the parties shall be subject to the jurisdiction of courts at Mangaluru, Karnataka State, India only.
*****************************************
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Annexure I - Undertaking by Bidder
Date …………….
To:
The General Manager Union Bank of India Personal Banking and Operations Dept., 12th floor, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai‐ 400021.
Undertaking (To be submitted by all Bidder’s on their letter head)
We ______(bidder name), hereby undertake that‐
• As on date of submission of tender, we are not blacklisted by the Central Government / any of the State Governments in India or any Financial Institution in India.
• We are not involved in any legal case that may affect the solvency / existence of our firm or in any other way that may affect capability to provide / continue the services to bank.
• There are no pending cases against us involving cheating/fraudulent activities.
• We are not a defaulter in repayment of installment against credit with any Bank.
Yours faithfully,
Authorized Signatories (Name, Designation and Seal of the Company) Date:
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Annexure II - Bid Form
Ref No………………… Date:
To,
The Chief General Manager
Union Bank of India, Field General Manager’s Office
2nd Floor, Central Office-Annexe, Mangaladevi Temple Road,
Pandeshwar, Mangalore: 575001.
Dear Sir,
Having examined the Request for Proposal (RFP) Ref No. ______the receipt of which is hereby duly acknowledged, we, the undersigned, offer for ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU in conformity with the said RFP for the sum mentioned in the Price Bid or such other sums as may be ascertained in accordance with the Schedule of Prices attached and made part of this Bid.
We undertake, if our Bid is accepted, to deliver the goods/ provide the services in accordance with the Delivery Schedule / implementation schedule specified.
We agree to abide by this bid for a period of 180 days from the last date of submission of Bid and shall remain binding upon us and may be accepted at any time before the expiration of that period.
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.
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”.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Commissions or gratuities, if any paid or to be paid by us to employee/agents to be deployed at the Bank’s premises relating to this Bid, and to contract execution if we are awarded the contract, the particulars of them shall be furnished to the Bank thereupon.
I / We undertake that We have not applied in the name of sister concern for the subject tender process.
We understand that you are not bound to accept the lowest or any bid you may receive.
Dated this...... Day of ...... 2020
(Signature)
(In the capacity of)
Duly authorized to sign bid with seal for & on behalf of (Name & Address of the Bidder)
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Annexure III – Bidder,s Profile
Sr. Parameters Response No.
1 Name of the Service provider (SP)
2 Constitution (Pubic Ltd. company/ Partnership Firm)
3 Year of Establishment
4 Names of the Partners/Directors/Owner
5 Addresses of Firm/Company
a) Head Office
b) Local Office in Mangaluru/Bengaluru/Other Places in Karnataka State
6 Authorized Contact person/s
a) Name and Designation
b) Telephone number/Mobile No
c) E‐mail ID.
7 Website Address, if any
8 Name and Address of the Principal Banker
9 Permanent Account Number (PAN)
TIN
Financial Performance
10 Turnover from cash 2017‐18
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
transportation/door step banking (` in 2018‐19 crores) 2019-20
11 Net Profit/Loss (` in crores) 2017‐18
2018‐19
2019-20
12 Paid up Capital (` in crores) 2017‐18
2018‐19
2019-20
13 Net Worth 2017‐18
2018‐19
2019-20
14 GST Registration No.
15 EPF & ESI
16 Labour Licence
Sl. No. Parameters Response
Details of the THE CLIENTs TO WHOM after-sales Services facility in terms of technical manpower and Maintenance & Servicing / supply of spares IS 19 /was provided by Firm/company.
Sl. No. Name of Address and Year of Value of Organization with contact details of Installation Contract their key persons (In Rs.)
1
2
3
4
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
5
Note : Notarised copies of performance certificate (please do not enclose any work order) issued by organization after completion of work must be enclosed.
Declaration
1. I/We have read the instructions and terms conditions given in the notice inviting Request for Proposal (RFP) for ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU. I/ We understand that any decision to be taken by the Bank will be on the basis of the information furnished/ declarations made by us in the RFP. Should the information given by us in this document prove to be false / incorrect at any time afterwards, contract awarded to us will be liable to termination without any prior notice. I/ We shall be solely responsible for the consequences and decision of the Bank will be binding on me/ us.
2. I/We understand and agree that the decision of the Bank in short‐listing/ selection of the Service Provider(s) will be final and binding on me/ us. Like‐wise, the decision of the Bank in allotment of States/ Centres will be final and binding on me/us.
3. I/We declare that no material fact with regard to ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU has been suppressed / withheld by me/us and l/we have no objection in the Bank making independent inquiries with the Banks/clients for whom we are presently providing such services. Place: Authorised Signatories:
Date: Name &
Designation , seal of the Company
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
Annexure IV – Letter of Acceptance/Covering Letter of the offer
Date:………………………….. (Letter to the bank on the bidder’s company letterhead) To,
The Chief General Manager
Union Bank of India
Union Bank of India, Field General Manager’s Office Mangaladevi Temple Road, Pandeshwar, Mangalore: 575001.
Dear Sir,
Subject: ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU
With reference to the above subject, having examined and understood the instructions, terms and conditions forming part of it, we hereby enclose our offer for ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU as detailed in your above referred RFP.
I/We further confirm that the offer is in conformity with the terms and conditions as mentioned in the RFP and all required information as mentioned is enclosed.
I/We also confirm that the offer shall remain valid for 180 days from the date of the offer.
I/We understand that the Bank is not bound to accept the RFP either in part or in full and that the Bank has right to reject the RFP in full or in part without assigning any reasons whatsoever.
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RPF FOR ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV, FIRE/SMOKE DETECTION SYSTEM
I/We understand that
a. The Bank is not bound to accept the lowest or any bid received by you, and you may reject all or any bid.
b. If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by the Bank to do so, a contract in the prescribed form. Unless and until a formal contract is prepared and executed, this bid together with your written acceptance thereof shall constitute a binding contract between us.
c. If our bid is accepted, we are to be responsible for the due performance of the contract. d. The Bank may accept or entrust the entire work to one Bidder without assigning any reason or giving any explanation whatsoever. e. Bidder means the bidder who is decided and declared so after examination of commercial bids. We enclose Demand Draft/Pay Order for Rs. 100000/- (` Rupees One Lakhs Only) favoring Union Bank of India and payable at Mangaluru, towards EMD/bid security, details of the same is as under:
No. : Date :
Name of Issuing Bank :
Dated at ______this ______day of ______2018
We hereby declare that all the information & Statements made in this RFP are true and accept that any misinterpretation contained in it may lead to our disqualification. We agree to all terms & conditions of the RFP,
Yours faithfully,
For ______
Authorized Signatories
(Name & Designation, seal of the firm)
Page 46 of 74 RFP for sup ply of cash van for movement of cash under rate contract
Annexure V – Compliance to RFP terms & conditions
Bidder's Sr. No. Clause Details Compliance (Yes/No) 1 Introduction 2 Objectives Of The RFP 3 Invitation Of Tender Bids 4 Two Bid System Offer 5 Scope Of Work 6 Eligibility Criteria Of Bidder 7 Government Purchase & Price Preference Policy 8 Bid Security/EMD 9 Technical Part (T-Part). 10 Financial/Commercial Offer ( F-Part) 11 Opening Of Offer 12 Evaluation Process 13 No Commitment To Accept Lowest Or Any Tender 14 Taking Up The AMC & Cancellation Of Order 15 Payment Terms 16 Performance Bank Guarantee 17 Guarantee 18 Availability of Spares 19 Warranty 1920 Maintenance Standard Expected During Warranty 21 Annual Maintenance Contract 2022 Labour Compliance 2123 Authorization To Bid 24 Taxes, Duties And Other Statutory Regulation 25 Bidding Document 26 Contacting The Bank 27 Bank’s Right To Accept Or Reject Any Bid Or All Bids 28 Fraud & Corrupt Practices 29 Revelation Of Prices 30 Clarifications Of Bid 31 Bid Validity
Page 47 of 74 RFP for sup ply of cash van for movement of cash under rate contract
32 Submission Of Bids 33 Late Bids 34 Signing Of Contract 35 General Terms 36 Rejection Of Bid 37 Pre Bid Meeting 38 Modification And Withdrawals Of Bid 39 RFP Response 40 Liquidated Damage 41 Price Validity 42 Payment Terms 43 Delivery 44 Authorised Signatory 45 Compliance With Laws 46 Confidentiality And Secrecy 47 Indemnity 48 Patents Rights 49 Non‐Transferable Offer 50 Ownership And Retention Of Documents 51 Audit 52 Liability 53 Force Majeure 54 Enforceability 55 Minimum Wages 56 Successors 57 Termination Of Contract 58 Deduction From Purchase Price 59 Waiver 60 Proprietary Rights 61 Negligence 62 Review Of Contract And Performance 63 Proposal Ownership 64 Notification Of Award 65 Arbitration 66 Other Terms And Conditions 67 Jurisdiction Annexure I - Undertaking By Bidder Fraud/black listing/credit default Annexure II - Bid Form
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Annexure III - Bidder’s Profile With Declaration Annexure IV – Letter Of Acceptance/Covering Letter Of The Offer
Annexure IV – Compliance To RFP Terms & Conditions
Annexure V - Undertaking on Know Your Employee Annexure-VII BANK GUARANTEE FORMAT Annexure VIII – Format for Clarification
Annexure IX - Service Level Agreement Annexure X - Financial/Commercial Part
Authorized Signatory: Place: Name & Designation: Date: Business Address & email id:
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Annexure VI
The Chief General Manager
Union Bank Of India, Field General Manager’s Office 2nd Floor, Central Office-Annexe, Mangaladevi Temple Road, Pandeshwar, Mangalore: 575001.
UNDERTAKING
1. We ______(name of the company) hereby confirm that all the Resource (both on‐site and off‐site) deployed/to be deployed on Bank’s project for ______(Name of the RFP) have undergone KYE (Know Your Employee) process and requisite checks have been performed prior to employment of said employees as per our policy.
2. We undertake and agree to save defend and keep harmless and indemnified the Bank against all loss, cost, damages, claim penalties expenses, legal liability because of non compliance of KYE and of misconduct of the employee deployed by us to the Bank. 3. We further agree to submit the required supporting documents (Process of screening, Background verification report, police verification report, character certificate, ID card copy, Educational document, etc.) to Bank before deploying officials in Bank premises for ______(Name of the RFP). ”
Signature of Competent Authority with Firm/company seal ______
Name of Competent Authority ______
Company / Organization ______
Designation within Company / Organization______
Date ______
Name of Authorized Representative ______
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Designation of Authorized Representative______
Signature of Authorized Representative ______
Verified above signature Signature of Competent Authority______
Date ______
Authorized Signatory: Place: Name & Designation: Date: Business Address & email id:
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Annexure-VII BANK GUARANTEE FORMAT
FORMAT OF PERFORMANCE BANK GUARANTEE
(Covering Delivery obligations)
NOTE:
1. This guarantee should be furnished by a Nationalized Bank / Scheduled Bank, other than Union Bank of India, as per the following format.
2. This bank guarantee should be furnished on stamp paper value as per Stamp Act. (not less than Rs.500/-)
3. This Performance Bank Guarantee should be furnished within 14 days of the notification of the award of the Contract.
To Union Bank of India,
Dear Sir,
In consideration of Union Bank of India, placing an order for implementation of ………..on having registered office at (hereinafter called the firm) as per the work order entered into by the firm vide work order no. dated (hereinafter called the said contract), We (Name of the Guarantor Bank), a 'schedule bank', issuing this guarantee through its branch at presently located at (hereinafter called the bank), do hereby irrevocably and unconditionally guarantee the due performance of the firm as to the Installation, Maintenance of ------at
If the said firm fails to implement or maintain the system or any part thereof as per the contract and on or before the schedule dates mentioned therein, we (Name of the Guarantor Bank), do hereby unconditionally and irrevocably agree to pay the amounts due and payable under
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this guarantee without any demur and merely on demand in writing from you during the currency stating that the amount claimed is due by way of failure on the part of the vendor or loss or damage caused to or suffered / or would be caused to or suffered by you by reason of any breach by the said vendor of any of the terms and conditions of the said contract, in part or in full. Any such demand made on us shall be conclusive as regards the amount due and payable under this guarantee.
(Name of the Guarantor Bank), further agree that this guarantee shall continue to be valid unless you certify that the vendor has fully performed all the terms and conditions of the said contract and accordingly discharge this guarantee, or until, whichever is earlier. Unless a claim or demand is made on us in writing under this guarantee on or before , we shall be discharged from all our obligations under this guarantee. If you extend the schedule dates of performance under the said contract, as per the terms of the said contract, the vendor shall get the validity period of this guarantee extended suitably and we agree to extend the guarantee accordingly at the request of the firm, provided such request is served on the bank on or before
Failure on part of the vendor in this respect shall be treated as a breach committed by the firm and accordingly the amount under this guarantee shall at once become payable on the date of receipt of demand made by you for payment during the validity of this guarantee or extension of the validity period.
You will have fullest liberty without affecting this guarantee to postpone for any time or from time to time any of your rights or powers against the vendor and either to enforce or forebear to enforce any or all of the terms and conditions of the said contract. We shall not be released from our liability under this guarantee by the exercise of your liberty with reference to matters aforesaid or by reason of any time being given to the firm or any other forbearance act or omission on your part or any indulgence by you to the firm or by any variation or modification of the said contract or any other act, matter or thing whatsoever which under the law relating to sureties would but for the provisions hereof have the effect of so releasing us from our liability hereunder.
In order to give full effect to the guarantee herein contained you shall be entitled to act as if we are your principal debtors in respect of all your claims against the firm hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of surety ship and other rights if any which are in any way inconsistent with the above or any other provision of this guarantee.
The words the firm, the beneficiary of this guarantees i.e. Yourself, and ourselves i.e., (Name of the Guarantor Bank), unless repugnant to the context or otherwise shall include their assigns, successors, agents, legal representatives. This guarantee shall not be
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affected by any change in the constitution of any of these parties and will ensure for and be available to and enforceable by any absorbing or amalgamating or reconstituted company or concern, in the event of your undergoing any such absorption, amalgamation or reconstitution.
This guarantee shall not be revocable during its currency except with your prior consent in writing. This guarantee is non-assignable and non-transferrable.
Notwithstanding anything contained herein above: l) Our liability under this bank guarantee shall not exceed Rs. (Rupees Only)
This bank guarantee shall be valid up to
Ill) We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only if you serve upon us a written claim or demand (and which should be received by us), on or before
where after it ceases to be in effect in all respects whether or not the original bank guarantee is returned to us.
This guarantee deed must be returned to us upon expiration of the period of guarantee.
Signature
Name (In Block letters) Designation (Staff Code No ) Official address: (Bank's Common Seal) Attorney as per power of Attorney No. Date: WITNESS:
(Signature with Name, Designation Address) (Signature with Name, Designation Address)
Signature of the Tenderer with seal
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Annexure VIII – Format for Clarification
Bidder need to submit clarifications/queries on RFP on or before the last date mentioned in this document in the format given here below:
RFP Sub Clause as per Proposed Page Reason for Sl. no. clause clause RFP Revised no. modification no. no. document clause 1 2 3 4 5 6 7 8 9 10
Yours faithfully,
Authorized Signatories (Name, Designation and Seal of the Company) Date:
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Annexure IX
SERVICE LEVEL AGREEMENT : ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU
This Agreement made at Mangaluru this
And
Union Bank of India a body corporate, constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its ………………………………………. Office, Mangaluru at ………………………………., Mangaluru – 575001, having its Central Office at 239 Vidhan Bhawan Marg, Nariman Point, Mumbai – 400021 hereinafter for brevity sake referred as “Bank” (which expression shall, unless repugnant to the context or meaning, include its successors and assigns) on the Other Part;
Whereas Ms. ……………………………………….. which is a Firm/Company providing services has agreed to undertake ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU, as per the terms & conditions set out in the tender Terms & Conditions following
Preamble
Whereas, Union Bank desires to avail the services of CONTRACTORs for “ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU”. The Bank invited offers from bidders who are providing Maintenance Services of Safety & Security system.
In response to Bank’s request, M/s. ……< name of CONTRACTOR> …. submitted its offer and has represented that it is engaged in the business for MAINTENANCE OF ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM and M/s. ……< name of CONTRACTOR> …. had further represented to Bank that it has the requisite skill, knowledge, experiences, expertise, infrastructure and capability to provide required and related support services to Bank. Relying on representations of M/s. ……< name of CONTRACTOR> …., and other applicable criteria, M/s. M/s.
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……< name of CONTRACTOR> …. was declared the successful bidder in the OFFER evaluation process.
Accordingly Bank had issued the following work Order for “ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU” which was duly accepted by M/s. ……< name of CONTRACTOR> …. ;
Sl. No. Indent /WO No. & Date Particulars Rate / value in Rs. 1 “ANNUAL MAINTENANCE As per Para-1, given
A copy of the Offer /Tender document provided to M/s. ……< name of CONTRACTOR> ….which was uploaded on the bank’s website or provided to the CONTRACTOR directly, dated ……< date > …. and indent/work Order are annexed with this Agreement as Annexure A and made integral part of this Agreement. It was one of the conditions of the Tender/PO that Bank will execute an Agreement with M/s. ……< name of CONTRACTOR> …. which shall include the scope of all the services and terms and conditions of the Services to be extended as detailed herein, and which will be valid for a period of one year w.e.f., ______< date > ______till ______< date > ______with an option in favour of the bank to renew the contract for a further period of two years for the purpose of ““ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV- DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU”on the terms and conditions mentioned hereunder.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS FOLLOWS
1. The BANK will pay for ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU” at the following sites:
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I-Central Office-Annexe, Mangaluru, Pandeshwar-575001 S. No. System Particular Annual Rate (In Servicing Schedule Rs.) 1. 24 x 7 monitoring shall be done by the vendor’s service Technicians in 3 shifts, in the Security Control Room at the premises 2 Access Control System Mac Monthly Plus256, Access Management System version 2.10 for 32 doors However, The said in the premises systems should be 3 CCTV-DVR System 10 DVRs of checked by service Watch net / Thyonix/Dahaua and engineers every-day and 146 Cameras ( IR Dome, IR Bullet, log/record to the said CCD, PTZ) effect to be maintained 4 Fire & Smoke Detection System in the log book. 2 Control Panel with 645 Smoke/Heat Detectors
II- Centenary Public Library, Gandhinagar -Mangaluru
5 01 DVR of Dahaua and 14 Quarterly AMC shall be Cameras ( IR Dome, IR Bullet, commenced from the CCD, PTZ) expiry of the Warranty Period i.e. 02/08/2022 6 Fire & Smoke Detection System 4 Zone-with Smoke/Heat Quarterly Detectors
III- Union Bank House-MD & CEO Residence, Chilimbi-Mangaluru
S. No. System Particular Rate Servicing Schedule
7 01 DVR of Dahaua and 14 Quarterly Cameras ( IR Dome, IR Bullet, CCD) IV- Union Bank House-New Core Banking Cell – Car Street-Mangaluru
8 01 DVR of Thyonix and … Quarterly Cameras ( IR Dome, IR Bullet, CCD)
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9 AVERT 400 Make 4 Zone with 50 Quarterly Smoke/Heat Detectors 10 Bio-Metric Access Control System Quarterly
V-Record Room –Balmatta-Mangaluru
11 AVERT 400 Make 4 Zone with Quarterly Smoke/Heat Detectors GST as applicable extra
2. Payment of AMC charges will be made by the Bank on quarterly basis of the CONTRACTOR on receipt of satisfactory service report and bill shall be certified by the in-charge of respective Offices /Manager Security/Senior Manager (Security) posted at FGMO. TDS will be deducted at the applicable rate.
3. The Contractor will be carrying out monthly health check of the safety & security systems of Central Office –Annexe and Quarterly maintenance services of safety/Security systems of other installations, from the date of the commencement of the contract. The CONTRACTOR shall visit at his cost, whenever required, if any malfunction or breakdown in the system is informed by BANK.
4. Breakdown calls shall be attended to within 24 hours. The CONTRACTOR shall keep one spare DVR System with other spares parts viz., Heat/Smoke Detectors, M5 Pane, Proximity Reader, EM Lock etc., adequately at Security Control Room so that the DVR system can keep on working condition all the time.
5. Security Control Room at Central Office-Annexe-Mangalore shall be manned 24 x 7, by three Service Technicians to maintain the said Systems. Bank will be at liberty to levy a penalty of Rs. 1000/- (Rupees One Thousand only) per shift of absence by service Technician of the Contractor. Attendance of the service technicians/s on duty to be ensured/ monitored by the CONTRACTOR.
6. Technical competence of the service technician to be ensured by the CONTRACTOR, during the period of contract.
7. During the service, the total System shall be checked. On requirement, major spares shall be changed/replaced by the CONTRACTOR after confirmation from the BANK on CONTRACTOR’s quote and as per approved rates, given in the Annexure.
8. The BANK shall arrange all facilities to the CONTRACTOR, like ladder, power supply, shut down if required, at the time of operation.
9. The BANK will hand over the entire Systems in healthy working condition to the CONTRACTOR, prior to commencement of Annual Maintenance Contract.
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10. The CONTRACTOR is only liable for the contract value towards the BANK due to malfunctioning/breakdown of the System in the event of emergency.
11. The CONTRACTOR is not liable for any misplacement, theft or damage of the Fire Alarm, CCTV- DVR, and Access Control during the tenure of the contract.
12. The CONTRACTOR shall provide proper uniform and identity card the service technician deployed at Security Control Room having the photograph of the person and personal information such as name, designation, address and identification mark etc.
13. The CONTRACTOR shall provide his/their EPF (ECR Copy of EPF along with PF Challan), ESI monthly statement WITH REGARD TO THE Service technicians deployed at Security Control Room at FGMO, as applicable under the Act. The system generated copies through websites of EPFO/ESIC shall be submitted to the FGMO on a monthly basis along with copy of their salary slips for our records. The claim regarding EPF/ESI should be necessarily accompanied with documentary proof pertaining to the previous wage month and half yearly/yearly return under the respective Acts. Any default/penalty arising would be recovered from the security deposit held by the bank.
14. The CONTRACTOR shall also furnish to the Bank the proof of having paid the wages to the Service technicians at Security Control Room engaged within one week of the disbursement of the wages to him. Payment will be by means of credit to his bank account. Wage slip/pay slip will be issued to Service technicians without fail.
15. Non-compliance of the above will be treated as deficiency in the service and may result in premature termination of the contract. Penalties, dues etc., if imposed by the government/appropriate authorities, shall be recovered from the CONTRACTOR by the bank through invoking the performance guarantee or and from payment due to contractor.
16. The Service technicians deployed at Security Control Room by the CONTRACTOR shall not be entitled for claim, pay, perks and other facilities which may be admissible to casual, part time/ confirmed employees of the Bank, during and/or after expiry of the contract. In case of termination of the contract also, THEY shall not be entitled to any or /and will not have any claim for absorption or relaxation for absorption in the regular / otherwise, in any capacity in the Bank.
17. The CONTRACTOR shall be absolutely responsible for the payment of salary, all other statutory obligations for the Service technicians deployed at Security Control Room on account of salary/wages, bonus, arrears, employment, termination benefit, compensation or other claim whatsoever and the Bank has no connection in relation to such matters.
18. In case of any mishap sustained by the Service technicians deployed at Security Control Room of whatsoever nature (minor/major/fatal including death during the course of duty) the responsibility of granting compensation, if any, on that count will be that of the CONTRACTOR and not of the Bank.
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19. If for any reason, compensation, cost etc. are paid by the Bank, the same shall be reimbursed by the CONTRACTOR to the Bank without any demur, including interest at prevailing rate till settlement.
20. The CONTRACTOR shall indemnify, protect and save the Bank against all claims, losses, costs, damages, expenses, action suits and other proceedings, resulting from infringement of any patent, trademarks, copyrights etc. or such other statutory infringements in respect of all the DVRs supplied by them.
21. The CONTRACTOR agrees and undertakes the complete responsibilities for the acts of its employees/agents/franchisees and if its employees/agents damage any assets of the Bank including hardware, software, data (copying or deletion) or Intellectual Property Rights, deliberately or accidentally, Vendor shall make good the loss and adequately indemnify the Bank.
22. In the event of theft, pilferage or damage to the Bank’s property, after necessary investigations, if proved beyond doubt that the CONTRACTOR /their Security /s is responsible, the CONTRACTOR shall be responsible and make good all the losses/damage.
23. In case of any property loss/injury to any of the bank staff due to negligence of the Service technicians or due to dereliction of duty or inattentiveness, all liabilities arising out of such incident will be fully met by the CONTRACTOR.
24. Tax shall be deducted at the source (TDS) as per the provisions of the Income Tax Department by the Bank and a certificate to this effect shall be provided to the CONTRACTOR by the Bank.
25. In case of breach of any terms and conditions attached to this contract, and or resulting in loss of property / cash, the CONTRACTOR will compensate the same to the Bank within two weeks from the date of incident, failing which the Security Deposit of the CONTRACTOR will be liable to be forfeited besides annulment of the contract and legal measures for making good all the losses.
26. CONTRACTOR is bound to follow all statutory requirements and maintain documents to be produced for inspection whenever needed.
27. The Bank shall have the right to conduct audits, on the work performed by the CONTRACTOR whether by its internal or external auditors, or by agents appointed to act on its behalf and to obtain copies of any audit or review reports and findings made on the services provided by the CONTRACTOR, in conjunction with the services performed for the Bank.
28. The Bank shall have the right to continuously monitor and assess the services provided by the CONTRACTOR, so that any necessary corrective measures can be taken immediately.
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29. An onsite inspection of the CONTRACTOR by the Bank’s internal/external auditors/RBI officials may be carried out during the contractual period and CONTRACTOR shall also submit their audited Balance Sheet for perusal by the auditors.
30. The CONTRACTOR also recognizes the right of Reserve Bank of India as well as the Bank to cause an inspection to be made of the CONTRACTOR and its Books and Account by one or more of its officers or employees or other persons. The CONTRACTOR shall allow the Reserve Bank of India or the persons authorized by it to access the documents, records or transactions and other necessary information given to, stored or processed by the CONTRACTOR in paper or electronic form, within a reasonable time.
31. CONFIDENTIALITY AND NON-DISCLOSURE OF INFORMATION
31.1. The CONTRACTOR is prohibited from using/disclosing Bank’s information even after termination of agreement. The CONTRACTOR undertakes that they shall not disclose confidential data pertaining to the Bank and its customers’ data, which is acquired by them during the course of implementing and providing services. The parties shall observe the strict confidentiality in respect of all matter relating to the implantation of this agreement. All the information under the agreement will be treated as confidential and shall not be disclosed to any third party unless otherwise agreed by the non-disclosing party. Nothing in this agreement, shall however be deemed to prohibit disclosure of any confidential information required under law, under a court order or by any regulatory or Government authority. The obligation to maintain secrecy shall survive the termination of the agreement
31.2. Confidential Information is any and all proprietary information disclosed by one party to the other, related to the subject of an Order. Confidential Information does not include information that is or becomes available to the recipient prior to the party providing such information or is public information in accordance with the applicable laws. Software in human-readable form (e.g. source code) and the Bank’s data values stored in DVR Systems will be considered Confidential Information whether or not marked as such.
31.3. As Contractor will have access to Bank specific information/acquire business related knowledge which are sensitive, confidential etc. Vendor agrees not to disclose or part with any information relating to the Bank or its customers, vendors etc. to any person/s for reasons whatsoever. Vendor shall also undertake to keep confidential, all information (written or oral) concerning all facts of the business of the Bank, which has been obtained or understood during the course of the assignment.
31.4. Vendor undertakes to treat as confidential and keep secret all information contained or embodied in the Application Software, Programs and data installed on the Equipment. Vendor undertakes to indemnify the Bank against any loss or the damage, which the Bank may sustain or incur as a result of the vendor failing to comply with such undertaking.
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31.5. The contents of this clause shall survive the termination of this Agreement.
32. FORCE MAJEURE
32.1. The parties shall not be liable for default or non-performance of the obligations under the contract, if such default or non-performance of the obligations under this contract is caused by any reason or circumstances or occurrences beyond the control of the parties, i.e., Force Majeure.
32.2. For the purpose of this clause, “Force Majeure” shall mean an event beyond the control of the parties, due to or as a result of or caused by acts of God, wars, insurrections, riots, earth quake and fire, events not foreseeable but does not include any fault or negligence or carelessness on the part of the parties, resulting in such a situation.
32.3. In the event of any such intervening Force Majeure, each party shall notify the other party in writing of such circumstances and the cause thereof immediately within five calendar days. Unless otherwise directed by the other party, the party pleading Force Majeure shall continue to perform/render/discharge other obligations as far as they can reasonably be attended/fulfilled and shall seek all reasonable alternative means for performance affected by the Event of Force Majeure.
32.4. In such a case, the time for performance shall be extended by a period/s not less than the duration of such delay. If the duration of delay continues beyond a period of three months, the parties shall hold consultations with each other in an endeavor to find a solution to the problem.
32.5. Notwithstanding above, the decision of the Bank shall be final and binding on the Vendor.
33. ARBITRATION
33.1. The Bank and the CONTRACTOR 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. If after thirty days from the commencement of such informal negotiations, the Bank and the CONTRACTOR have been unable to resolve amicably a contract dispute, either party may require that the dispute be referred for resolution by formal arbitration.
33.2. Any dispute, controversy or claims, arising out of or relating to this Agreement or the breach, termination or in validity thereof, shall be settled by arbitration of a sole arbitrator jointly appointed by the Parties, or if the Parties are unable to Agree upon an arbitrator, to the arbitration panel of 3 (three) arbitrators, 1(one) to be appointed by each disputing Party and the third to be appointed by the 2(two) arbitrators so
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appointed. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or modification, amendment, consolidation or re‐enactment thereof. The arbitrator/s will have power to regulate their own procedure, including summary powers.
33.3. The place of arbitration shall be Mangaluru, Karnataka State, India and any award whether interim or final, shall be made and shall be deemed for all purposes between the Parties to be made in Mangaluru, Karnataka State, India.
33.4. The award of the arbitrators shall be final and conclusive and binding upon the Parties, and the parties shall be entitled to enter judgment thereon. The Parties further agree that such enforcement shall be subject to the provisions of the Arbitration and Conciliation Act, 1996.
33.5. Subject to the aforesaid, for all matters for which the courts of law would have jurisdiction, including without limitation for an application for the appointment of an arbitrator under the provisions of section 11 of the Arbitration and Conciliation Act, 1996, the courts of law at Mangaluru, Karnataka State, India entering in to the agreement, shall have exclusive jurisdiction.
33.6. During the period of dispute till it’s the resolution each party shall continue its obligations under this Agreement.
33.7. The CONTRACTOR notwithstanding the dispute shall continue to provide the services, till the Resolution of Dispute.
33.8. However, notwithstanding anything stated in this clause, the Bank, may, at its discretion, opt not to subject the disputes to the Arbitration and in such case, this clause will become void.
34. The Bank shall have a right to terminate this agreement at one month’s notice without assigning any reason whatsoever. If the termination is caused due to default or non-performance or unsatisfactory performance of the CONTRACTOR then CONTRACTOR shall be liable to pay damages being the extra cost/expenses to be incurred by the Bank. The CONTRACTOR shall reimburse the amount claimed by the Bank immediately on demand.
35. Neither this Agreement nor any provision hereof is intended to confer upon any Person other than the Parties to this Agreement any rights or remedies hereunder.
36. In connection with this Agreement, as well as all transactions contemplated by this Agreement, each Party agrees to execute and deliver such additional documents and to perform such
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additional actions as may be necessary, appropriate or reasonably requested to carry out or evidence the transactions contemplated hereby.
37. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction or the validity, legality or enforceability of this Agreement, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the Parties hereunder shall be enforceable to the fullest extent permitted by law.
38. This Agreement has been signed in duplicate, each of which shall be deemed to be an original.
39. The CONTRACTOR shall not be allowed to transfer, assign, or sub-contract its rights and liabilities under this contract to any other agency.
40. This agreement shall be governed by the laws in India and shall be subject to jurisdiction of Courts in Mangalore
For Union Bank of India For M/s. …………………………….. (with seal) (with seal)
(First Party) (Second Party)
Signed In Presence Of
Witness 1 Witness 2
(First Party) (Second Party)
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Annexure to Service Level Agreement
A - RATES FOR ACCESSORIES FOR ACCESS CONTROL SYSTEM
SN Particulars Service Rate (In Rs.) 1. Cost for replacement items (spares) Unit a) M5 Panel 1 No. b) Proximity Reader 1 No. c) EM Lock 1 No. d) 6 Core cable (BIS) marked per meter e) 4 Core cable (BIS) marked per meter f) 2 Core power cable (BIS) marked per meter g) 4 Core power cable (BIS) marked per meter h) HID proximity card 1 No. i) Tags with holder with printing 1 No. j) Access card with printing laminated 1 No. k) Yoyo Clips 1 No. Buy back cost of Access Control l) 1 No System GST as applicable, extra
B - RATES FOR ACCESSORIES FOR CCTV SYSTEM
SN Particulars Service Rate (In Rs.) 1. Cost for replacement items (spares) Unit 16 channel DVR-ANALOG (Thyonix, a) 1 No. Hikvison, CP Plus & Dahua) 1 No. b) Dome camera - 1/3 3.6 mm lens 480 TVL
IR camera 1/3 3.6 mm lens, 520 TVL, 361 1 No. c) RD LED’S
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1 No. d) C Mount Box camera 1/3 3.6 mm, 520 TVL PTZ camera 22xdigital Zoom, 5 mm lens 1 No. e) 540 TV 16 channel DVR-TRIBID (Thyonix, f) 1 No. Hikvison, CP Plus & Dahua)
g) Varifiocal HD WDR IR Dome Camera 1 No. 1 No h) Fixed 1.3 MB IP IR Dome Camera
1 No i) Varifiocal HD WDR IR Bullet Camera
1 No k) Fixed 1.3 MB IP IR Bullet Camera
1 No l) POE SWITCH
1 No m) 16 Port Hub
1 No n) 64 GB MICRO SD CARD
o) RG 6 Coaxial cable per meter p) CAT 5 cable per meter q) 2 Core power cable per meter r) 4 Core power cable per meter 12 volt regulated power supply for DVR & s) 1 No. cameras Hard Disk (1 TB) (Seagate, Western t) 1 No. Digital) Hard Disk (2 TB) ) (Seagate, Western u) 1 No Digital) Hard Disk (4 TB) ) (Seagate, Western v) 1 No Digital)
w) Buy back cost of old DVR System 1 No.
GST as applicable, extra
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C - RATES FOR ACCESSORIES FOR FIRE ALARM SYSTEM
SN Particulars Rate (In Rs.) 1. Cost for replacement items (spares) Unit a) Optical Smoke Detector, Apollo 65 Series 1 No. b) Heat Detector 1 No. c) Electronic Hooter Dual tone 1 No. d) Response Indicator 1 No. e) Manual Call Point with glass & hammer 1 No. f) 12 V 7.2 AH Batteries Exide 1 No. g) Armoured cable 1.5 sq.mm (BIS) marked per meter h) FRLS 1.5 sq.mm (BIS) marked per meter i) Metal conduit 18 gauge per meter j) Flame Sensor, Make: TAKEX, Model No.FS- 1 No. 2000E k) Fire Alarm Panel 24 Zone 1 No l) Fire Alarm Panel 20 Zone 1 No. m) Fire Alarm Panel 4 Zone 1 No. n) Buy back cost of old Fire Alarm System 1 No. GST as applicable, extra
D- RATES FOR ACCESSORIES FOR BIO-METRIC ACCESS CONTROL SYSTEM
SN Particulars Rate (In Rs.) 1. Cost for replacement items (spares) Unit Bio-Metric Access Control System Control a) 1 No. Panel b) Finger Print Sensor/Card Reader 1 No. c) Electro Magnetic Lock 1 No. d) cable Per Meter e) Buy back cost of old Bio-Metric System 1 No
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Annexure X
FINANCIAL/COMMERCIAL PART ( F-PART)
ANNUAL MAINTENANCE CONTRACT FOR ACCESS CONTROL SYSTEM AND CCTV-DVR, FIRE/SMOKE DETECTION SYSTEM INSTALLED AT THE INSTALLATIONS OF THE BANK LOCATED IN MANGALURU
A - AMC CHARGES
I-Central Office-Annexe, Mangaluru, Pandeshwar-575001 S. No. System Particular Annual Rate (In Servicing Schedule Rs.) 1. 24 x 7 monitoring shall be done by the vendor’s service Technicians in 3 shifts, in the Security Control Room at the premises 2 Access Control System Mac Plus Monthly 256, Access Management System version 2.10 for 32 doors in the However, The said premises systems should be 3 CCTV-DVR System 10 DVRs of checked by service Watch net / Thyonix/Dahaua and engineers every-day and 146 Cameras ( IR Dome, IR Bullet, log/record to the said CCD, PTZ) effect to be maintained 4 AVERT 2400 & 2000 Make 24 Zone in the log book. Fire & Smoke Detection System 2 Control Panel with 710 Smoke/Heat Detectors
II- Centenary Public Library, Gandhinagar -Mangaluru
5 01 DVR of Dahaua and 14 Quarterly AMC shall be Cameras ( IR Dome, IR Bullet, commenced from the CCD) expiry of the Warranty Period i.e. 02/08/2022
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6 AVERT 400 Make 4 Zone Fire & Smoke Detection System Avert Quarterly Make -with Smoke/Heat Detectors
III- Union Bank House-MD & CEO Residence, Chilimbi-Mangaluru
S. No. System Particular Rate Servicing Schedule
7 01 DVR of Dahaua and 14 Quarterly Cameras ( IR Dome, IR Bullet, CCD) IV- Union Bank House-New Core Banking Cell – Car Street-Mangaluru
8 01 DVR of Thyonix and … Quarterly Cameras ( IR Dome, IR Bullet, CCD) 9 AVERT 400 Make 4 Zone with 50 Quarterly Smoke/Heat Detectors 10 Bio-Metric Access Control System Quarterly
V-Record Room –Balmatta-Mangaluru
11 AVERT 400 Make 4 Zone with Quarterly Smoke/Heat Detectors GST as applicable extra
Note : The rate for the Service Technician shall be fixed for the entire contractual period. The Service provider shall ensure to pay minimum wages to its employees and shall submit proofs viz., Salary Slip, EPF-ECR & ESI monthly statements along with the bill/invoice.
ANNUAL MAINTENANCE CHARGES for the total period of 03 years including warranty period offered for replaced components, includes cost supply, installation, testing and commissioning of all the materials, replacements of all the parts spare parts both hard ware and software, auxiliary equipment, labour, transport, man & machinery, Freight taxes etc. of all the EXISTING SAID SECURITY SYSTEMS OF THE PREMISES OF THE BANK.
Date:
Place:
Authorized Signatory with Seal and Date
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B - RATES FOR ACCESSORIES FOR ACCESS CONTROL SYSTEM
SN Particulars Service Rate (In Rs.) 1. Cost for replacement items (spares) Unit a) M5 Panel 1 No. b) Proximity Reader 1 No. c) EM Lock 1 No. d) 6 Core cable (BIS) marked per meter e) 4 Core cable (BIS) marked per meter f) 2 Core power cable (BIS) marked per meter g) 4 Core power cable (BIS) marked per meter h) HID proximity card 1 No. i) Tags with holder with printing 1 No. j) Access card with printing laminated 1 No. k) Yoyo Clips 1 No. Buy back cost of Access Control l) 1 No System Taxes as applicable, extra
Date:
Place: Authorized Signatory with Seal and Date
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C - RATES FOR ACCESSORIES FOR CCTV SYSTEM
SN Particulars Service Rate (In Rs.) 1. Cost for replacement items (spares) Unit 16 channel DVR-ANALOG (Thyonix, a) 1 No. Hikvison, CP Plus & Dahua) 1 No. b) Dome camera - 1/3 3.6 mm lens 480 TVL
IR camera 1/3 3.6 mm lens, 520 TVL, 361 1 No. c) RD LED’S 1 No. d) C Mount Box camera 1/3 3.6 mm, 520 TVL PTZ camera 22xdigital Zoom, 5 mm lens 1 No. e) 540 TV 16 channel DVR-TRIBID (Thyonix, f) 1 No. Hikvison, CP Plus & Dahua)
g) Varifiocal HD WDR IR Dome Camera 1 No. 1 No. h) Fixed 1.3 MB IP IR Dome Camera
1 No. i) Varifiocal HD WDR IR Bullet Camera
1 No. k) Fixed 1.3 MB IP IR Bullet Camera
1 No. l) POE SWITCH
1 No. m) 16 Port Hub
1 No. n) 64 GB MICRO SD CARD
o) RG 6 Coaxial cable per meter p) CAT 5 cable per meter q) 2 Core power cable per meter r) 4 Core power cable per meter 12 volt regulated power supply for DVR & s) 1 No. cameras
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Hard Disk (1 TB) (Seagate, Western t) 1 No. Digital) Hard Disk (2 TB) ) (Seagate, Western u) 1 No. Digital) Hard Disk (4 TB) ) (Seagate, Western v) 1 No. Digital)
w) Buy back cost of old DVR System 1 No.
GST as applicable, extra
Date:
Place: Authorized Signatory with Seal and Date
D - RATES FOR ACCESSORIES FOR FIRE ALARM SYSTEM
SN Particulars Rate (In Rs.) 1. Cost for replacement items (spares) Unit a) Optical Smoke Detector, Apollo 65 Series 1 No. b) Heat Detector 1 No. c) Electronic Hooter Dual tone 1 No. d) Response Indicator 1 No. e) Manual Call Point with glass & hammer 1 No. f) 12 V 7.2 AH Batteries Exide 1 No. g) Armoured cable 1.5 sq.mm (BIS) marked per meter h) FRLS 1.5 sq.mm (BIS) marked per meter i) Metal conduit 18 gauge per meter Flame Sensor, Make: TAKEX, Model No.FS- j) 1 No. 2000E k) Fire Alarm Panel 24 Zone 1 No l) Fire Alarm Panel 20 Zone 1 No. m) Fire Alarm Panel 4 Zone 1 No. n) Buy back cost of old Fire Alarm System 1 No. Taxes as applicable, extra
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Date:
Place: Authorized Signatory with Seal and Date
E- RATES FOR ACCESSORIES FOR BIO-METRIC ACCESS CONTROL SYSTEM
SN Particulars Rate (In Rs.) 1. Cost for replacement items (spares) Unit Bio-Metric Access Control System Control a) 1 No. Panel b) Finger Print Sensor/Card Reader 1 No. c) Electro Magnetic Lock 1 No. d) cable Per Meter e) Buy back cost of old Bio-Metric System 1 No
Date:
Place: Authorized Signatory with Seal and Date
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