BANK OF INDIA
REQUEST FOR PROPOSAL
FOR
OUTSOURCING OF
INSTALLATION AND MANAGED SERVICES FOR 3000 BARCODE BASED PASSBOOK KIOSKS
Ref: BOI/HO/DBD/PBK/2021-22/4 Dated: 12-07-2021
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 1 of 191
Index - Content of the RFP
The products and services required, bidding procedures, contract terms and conditions are prescribed in the RFP. The Bidding Documents include:
PART CONTENT PAGE No NUMBER PART 1 Invitation to Bid (ITB) 5
PART 2 Disclaimer 10
PART 3 Eligibility criteria 12 PART 4 Terms and Conditions of Contract (TCC) 20 PART 5 Scope of work for services and deliverables 64 PART 6 Technical and functional specifications 70 PART 7 Schedule of Dates, Amounts, etc. (SDA) 79 PART 8 Formats and Annexures 83
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 2 of 191
CONTENTS PART 1: Invitation to Bid 5
1.1 Existing set up of the Bank 5
1.2 Request for Proposal 5
1.3 Schedule of Bid submission / Address for communication 6
1.4 Bid Document Availability 7
1.5 Cost of Bidding 7
1.6 Deadline for Submission of Bids 8 PART 2 : Disclaimer 10 PART 3: Eligibility Criteria 12 3.1 Eligibility 12
3.2 Independent External Monitors (IEM) 19
3.3 Integrity Pact (IP) 19
PART 4: Terms and Conditions of Contract (TCC) 20
PART 5 :Broad Scope of Work For Services and Deliverable 61
PART 6 :Technical & Functional Specification (TFS) 67 PART 7: Project , Plan and Delivery 797 76 7.1 Delivery , Installation, Commissioning & Documentation 76 7.2 Services 78 7.3 Terms of Payment 79 PART 8 - Formats and Annexures 81 FORMAT 8.1: Pre-bid Query Format 81 FORMAT 8.2: Price Bid Format 82 FORMAT 8.3 :Offer Letter 86
FORMAT 8.4 : Conformity to Eligibility Criteria 88
FORMAT 8.5 : Bidder Organization Details 94
FORMAT 8.6 : Track Record of Past Operations 96
FORMAT 8.7 : Service Support Details 97
FORMAT 8.8 :Certificate of Single Point Responsibility for all Sub-contracts 98
FORMAT 8.9 : Undertaking for Scope of Work 99 FORMAT 8.10 : Manufacturers' Authorization Form 101
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 3 of 191 FORMAT 8.11 : Contract Form 103 FORMAT 8.12 :Bank Guarantee 108 FORMAT 8.13 :Bid Security Form 110
FORMAT 8.14 :Draft of Reference letter for Eligibility Criteria item sr. no. 2 111
FORMAT 8.15 :Draft of Reference letter for Eligibility Criteria item sr. no. 3 112 FORMAT 8.16 :Pre-Contract Integrity Pact 113
FORMAT 8.17 :Business Rules ,Terms and Conditions of Reverse Auction 120 FORMAT 8.18 :Certification For Local Content 127 FORMAT 8.19: Installation Report Format 128 FORMAT 8.20: Non-Disclosure Agreement 129 FORMAT 8.21: Certificate for Works under Rule 144 (xi) in the (GFRs), 130 2017. ANNEXURE-A : Acceptance of Reverse Auction Business Rules and 133 Terms &conditions in respect of Tender on company’s Letter Head ANNEXURE-B: (to be submitted / faxed by Successful Bidder of Reverse Auction within 48 hours from the end of Reverse Auction event) Final / 135 Lowest Bid Price quoted
ANNEXURE-C: Process Compliance Form (Reverse Auction ) 137 ANNEXURE-D: Tentative State wise list of PBKs proposed to be deployed 139 ANNEXURE-E: Tentative Zone wise list of PBKs proposed to be Deployed 140 ANNEXURE-G : Certificate of information security measures implemented 141 by Bidder/Service Provider
ANNEXURE-H : Penalties & SLA Terms 145
ANNEXURE-I: Service Support detail form 156
ANNEXURE-J: Software Integrity Certificate 158 ANNEXURE-K: Service Level Agreement 159
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 4 of 191 PART 1
1. INVITATION TO BID
Bank of India, a body corporate, established under the Banking companies (Acquisition and Transfer of Undertakings) Act 1970, having its Head Office at Bank of India, Star House, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051, India hereinafter referred to as “Bank”) intends to revamp its Pass book Kiosk network, by inviting bids from Companies who have proven experience in undertaking the activity of supply, installation, commissioning and maintenance of Pass Book Kiosks (PBKs) for banks in India for installation of 3000 PBKs at Metro, Urban, Semi-urban, Rural branches, E-galleries and RRB (Regional Rural Banks) sponsored by Bank of India. The company submitting Bid in response to this Request for Proposal are referred to as the Bidder /s in this document and the selected lowest bidder is referred to as the Vendor.
1.1. Existing set up of the Bank
Presently the Bank has commissioned 1000 Bar Code Based New Passbook Kiosks and approx. 2700 Old Bar Code based Window Kiosks are to be replaced.
The total number of branches of the Bank are 5084 as on 31st March 2021 and all branches are on Core Banking platform.
The Core Banking Software of the Bank is Finacle version 7.025 of Infosys. Bank is in the process of upgrading the Finacle version to 10.x. The Delivery channels communicate with CBS through interface Connect24.
1.2. Request for Proposal
Bank of India (Bank) invites Bids to install 3000 Bar Code Based Passbook Kioks NEW (not refurbished) across the length and breadth of the country on CAPEX model per PBK basis. However, the Bank, on its sole discretion, can procure lesser number of kiosks. The place and number of kiosks to be deployed would be entirely the decision of the Bank. The 3000 PBKs are required to be installed as given in Annexure D & E with a provision of additional requirement of 25%.
i. These PBKs will be networked / connected to the existing Switch of the Bank. This Request for Proposal (RFP) is to invite proposals from eligible bidders (referred to as Bidder / Bidders in this document) for providing PBKs roll out and AMC services of 3000 PBKs on CAPEX Model. The bidders selected for award of the contract after due completion of the evaluation process are referred to as Vendor/s in this document.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 5 of 191 1.3. Schedule of Bid submission / Address for communication
The General Manager Digital Banking Department, Address for 6th Floor, Star House II, C-5, G-Block, Communication Bandra Kurla Complex, Bandra East, Mumbai – 400 051.
Mr. Pravat Pandey Chief Manager Ph.No-022-6131 9461 E-Mail: [email protected]
Contact Person and Mr. Harish Kumar Contact No. Chief Manager Ph.No-022-6131 2925 Email : [email protected]
Mr. Virendra Verma Chief Manager Ph no: 022-6131 7569 Email: [email protected]
Last date and time 22 /07/2021 upto17.00 hours. of receiving Pre Bid queries
Pre Bid Meeting 31/07/2021 at 11.00 hours.
Opening of Eligibility 31/08/2021 by 16.00 hours bid
Date & Place of Reverse Will be notified by the Bank at Auction (if decided to be appropriate time. conduct ed), or opening of price Bids for Technically qualified bidders
Qualified Bidders BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 6 of 191
Last Date and Time for 31/08/2021 by 13.00 hours Receipt at Bank of India RFP submitted later than the time and Head office date mentioned above will not be accepted.
Address: Bank of India, Digital Banking Department, Head office, Star House- II, C-5, G-Block, 6th Floor, West Wing Bandra Kurla Complex, Bandra (East) Mumbai – 400 051.
1.4. Bid Document Availability
The Bidding Document may be obtained from the Bank at the following address or downloaded from Bank’s website http://www.bankofindia.co.in/tenders and the bid should be submitted on or before the due date and time brought out in this RFP document at the address given below: The General Manager, Bank of India, Head Office, Digital Banking Department, 6th Floor, Star House II, C-4, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051, Phone No. 022-61319450
1.5. Cost of Bidding
i. A non-refundable bid amount of Rs. 50,000/- should be paid by the Bidder by means of a demand draft / pay order favoring the ‘Bank of India’ payable at Mumbai / by remitting the amount to Current account number 015020100001211 (Name of the A/c: India Card Collection A/c) IFSC Code: BKID0000150. (Bidder shall furnish relevant proof for having remitted the funds online to the credit of this account), being cost of Bid document. The amount will not be refunded to any of the prospective bidders under any circumstances including cancellation of RFP or procurement process at any stage. If bid is downloaded from website, the cost of the bid may be paid in a separate envelope while submitting the Bid. Bids are liable to be rejected if demand draft / pay order for cost of the Bid is not received/remittance is not received. For exemption of cost of bidding, please refer to 4.2.iii.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 7 of 191 ii. The Bidder shall bear all costs associated with the preparation and submission of its Bid and the Bank will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the Bidding process.
1.6. Deadline for Submission of Bids
i. Bids should be received by the Bank at the address specified, not later than the date and time specified in the Invitation to Bid. Any Bid received after the deadline for submission of Bids prescribed, will be rejected and returned unopened to the Bidder.
ii. The Bank may, at its discretion, extend this deadline for the submission of Bids by amending the Bid Documents, in which case, all rights and obligations of the Bank and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended.
Definitions:
a) Bank / BOI means Bank of India (Corporate Office at Mumbai), various other offices like NBG offices, Zonal Offices, AMO offices, Service Branches, Data Centre, Disaster Recovery Centre, Regional Rural Banks etc. of Bank of India, domestic branches/ offices at various locations and managed by the Bank.
b) Applicant/ Bidder/ Service Provider/System Integrator means an eligible entity/ firm submitting a Proposal/the Bid in response to this RFP. The Bidder means Installation and Support services provider in India and must be an Indian firm / company/ organization registered under Companies Act.
c) Proposal/ Bid means the written reply or submission of response to this RFP.
d) The Contract means the agreement entered into between the Bank and the Vendor, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
e) Vendor/ Supplier/ Contractor/ Service Provider / Bidder/Endpoint provider is the successful bidder(s) found eligible as per eligibility criteria set out in this RFP, whose technical Bid has been accepted and who has emerged as one of the Successful Bidder(s) as per the selection criteria set out in the RFP and to whom notification of award has been given by Bank.
f) Contract Price/Project Cost and Total Cost of Ownership: The Contract Price/ Project Cost means the price payable to the Vendor under the Contract for the full and proper performance of its contractual obligations.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 8 of 191 g) The Equipment / Endpoint / Machine / Product/ Solution/Passbook Kiosk means Passbook printing Solution hardware with application software and all interfaces to Core Banking software, with necessary hardware, PCs, scanners and system software, database, third party utilities, middleware, etc. as proposed by the Supplier, all seamlessly integrated to work together on the Banks network to meet the Technical and functional requirements of the Bank mentioned in the Bid. h) ‘Software’ means Application / System software, Database, Middleware and other third party utilities which will seamlessly integrate with the environment described in this document without any hitch or hindrance. i) Support Services means those services ancillary to the supply of the equipment/product, such as transportation, transit insurance, installation, commissioning, customization, integration, provision of technical assistance, training, maintenance and other such obligations of the Vendor covered under the Contract. j) The Project means supply, installation, testing and commissioning, integration of computer hardware and services with support under Warranty and annual maintenance contract, if required for the contract period. k) The Project Site means locations where services as desired in this RFP document are to be provided l) RFP means request for proposal (this document) in its entirety, inclusive of any corrigendum/s that may be issued by the Bank. m) ATS means Annual Technical Support Services required especially at endpoint level to keep the endpoint up and running smoothly and without interruption n) Annual Maintenance Contract (AMC) - It would be the annual cost of maintenance/upkeep/updation of product or specified hardware and software. o) Site/E-Gallery/offsite means PBKs installed in Bank’s premises and/or away from Bank premises at a Site hired by the Bank wherein the Bank deploys other kiosks/machines.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 9 of 191 PART 2
2. DISCLAIMER
2.1. The information contained in this Request for Proposal (RFP) document or information provided subsequently to bidder(s) or applicants whether verbally or in documentary form by or on behalf of Bank of India (Bank), is provided to the bidder(s) on the terms and conditions set out in this RFP document and all other terms and conditions subject to which such information is provided.
2.2. This RFP is neither an agreement nor an offer and is only an invitation by Bank to the interested parties for submission of bids. 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 its own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP and where necessary obtain independent advice. Bank makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFP. Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP.
2.3. 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. No contractual obligation whatsoever shall arise from the RFP process until a formal contract is executed by the duly authorized signatory of the Bank and the vendor.
2.4. This RFP is floated only for the selection of eligible bidder. The Content of the RFP is only indicative which remains in force till final contract is signed between the Bank & the selected bidder. Under no circumstances the content of this RFP should be treated as exhaustive in preparing the agreement for the final Contract.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 10 of 191 2.5. The RFP document contains statements derived from information that is believed to be true and reliable at the date obtained but does not purport to provide all of the information that may be necessary or desirable to enable an intending contracting party to determine whether or not to enter into a contract or arrangement with Bank in relation to the provision of services. Neither Bank nor any of its directors, officers, employees, agents, representative, contractors, or advisers gives any representation or warranty (whether oral or written), express or implied as to the accuracy, updating or completeness of any writings, information or statement given or made in this RFP document. Neither Bank nor any of its directors, officers, employees, agents, representative, contractors, or advisers has carried out or will carry out an independent audit or verification or investigation or due diligence exercise in relation to the contents of any part of the RFP document. Bank reserves the right to cancel the entire Bidding / RFP process at any Stage without assigning any reason whatsoever.
2.6. Subject to any law to the contrary, and to the maximum extent permitted by law, Bank and its directors, officers, employees, contractors, representatives, agents, and advisers disclaim all liability from any loss, claim, expense (including, without limitation, any legal fees, costs, charges, demands, actions, liabilities expenses or disbursements incurred therein or incidental thereto) or damage (whether foreseeable or not) (“Losses”) suffered by any person acting on or refraining from acting because of any presumptions or information (whether oral or written and whether express or implied), including forecasts, statements, estimates, or projections contained in this RFP document or conduct ancillary to it whether or not the Losses arises in connection with any ignorance, negligence, casualness, disregard, omission, default, lack of care, immature information, falsification or misrepresentation on the part of Bank or any of its directors, officers, employees, contractors, representatives, agents, or advisers.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 11 of 191 PART 3
3. ELIGIBILITY CRITERIA
3.1. Eligibility
Sl Eligibility Criteria Documents to be submitted
The Bidder must be an Indian Certificate of Incorporation issued by 1. firm /company/organization Registrar of Companies and full registered under Companies address of the registered office along Act, 2013 or under any other with Memorandum & Articles of previous Companies Act, which Association/ Partnership Deed. Prevailed earlier and in existence for atleast three years as on 31/03/2021
Bidder should be Original Supported by documentary 2. Equipment Manufacturer of Evidence. Letters from the PBKs or their authorized concerned organization confirming representative /distributor in successful implementation of PBK India with at least 5000 project with them to be submitted installations of Bar Code Based with following details: PBKs at PSU, Private sector Name of the Bank banks, Government Number of Locations Departments, Financial Model and Make institutions in India as on 31/03/2021. Scope of Project giving details of Installations, Monitoring, and An Authorised representative Maintenance services. should submit Manufacturers Name of the person who can be Authorisation certificate referred to from Clients’ side, with
Name, Designation, Postal Address, The bidder, if participating as Phone and Fax numbers, E-Mail Ids, channel Partner of any OEM, etc., (Attach copies of purchase then OEM should have a support orders) center and level 3 escalation (highest) located in India. For The bank reserves the right to OEMs, directly participating, the inspect such installations while conditions mentioned above for evaluating the Technical Bid / right to support center remain applicable. make a reference call. Bidder should specifically certify in this regard.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 12 of 191 Bidder should have experience The Bank reserves the right to 3. of supply and installation of Pass inspect such installations while book Printing Kiosk for at least 2 evaluating the Technical Bid. banks/Government The following information shall be Organisations in India with submitted: successful live run for more than Name of the Client 3 years. Number of branches where kiosks are installed across INDIA Out of the 2 at least one of the Nature of the Project bank should be using Finacle – Scope of the Project CBS. Bidder will install Bar Project Deliverables Code Based Kiosks from an Hardware and Software OEM who has minimum installed environments of the Project base of 3000 PBKs in Banks in Architecture of the solution India as on 31/03/2021. implemented, including network architecture Details of Middleware implemented and number of Kiosks connected live to the same as on date of RFP.( A certificate from Bank to be furnished) Date of award of Contract Date of commencement of the Project Date of successful commissioning of the Project (Pilot / Live). Whether the Project has been vetted / audited by any independent Agency/ Institutional Consultants of Repute, and if so, outcome thereof. Name of the person who can be referred to from Clients' side, with Name, Designation, Postal Address, Contact Phone and Fax numbers, E-Mail IDs, etc. (please attach copies of purchase orders). Supported by reference letter from Bank/s, the format of which is enclosed as per Format 8.14 Letter from both the organizations, where the Projects have been implemented, confirming that Passbook printing Kiosk Solution has been implemented in their organization and is working satisfactorily for last 3 years.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 13 of 191 Sl Eligibility Criteria Documents to be submitted
The Bidder must have an annual Copy of the audited Balance Sheet 4. turnover of minimum Rs 30 crores and / or Certificate of the Chartered in two out of four FYs 2017-2018, Accountant for preceding three 2018- 2019, 2019-20, 2020-21 years.
The Bidder should be profitable Copy of the audited financial organization (on the basis of statement along with profit and loss operating profit) during at least statement for corresponding years three of the last five financial and / or Certificate of the Charted years ,i.e. 2016-17, 2017-18 and Accountant with details to be 2018-19, 2019-20, 2020-21 Out of provided which, bidder must be profitable organization (on the basis Net worth will consist of ‘paid up operating Profit) during any of the equity capital, free reserves, last two years 2019-20 or 2020- balances in share arising value of 21. intangible and deferred revenue expenditure, if any’. Revaluation of If the company is in existence for assets’ adjusted for ‘accumulated less than 5 years it should be in loss balance, book out of sale profit for last 2 years. proceeds of assets but not reserve created by premium account and Bidder should have a positive net Capital Reserves representing worth as per Latest Audited surplus. Balance Sheet and P & L Account. Bidder must have satisfactorily conducted bank accounts for last one year. Bidder shall furnish the undertaking, details of his bank accounts and certificates from his banks regarding satisfactory conduct of bank accounts, along with the technical bid.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 14 of 191 Sl Eligibility Criteria Documents to be submitted
Past/present litigations, disputes, Brief details of litigations, disputes, if 5. if any (Adverse litigations could any are to be given on Company’s result in disqualification, at the letter head. sole discretion of the Bank.
Clarification: Past service provider of bank no longer providing PBK services, has to submit No dues certificate from Bank
Bidders, on the date of Bidder should specifically certify in
6. submission of bid for this RFP, this regard.
should not be:
i. under debarment/blacklist period for breach of contract/fraud by any Scheduled Commercial Bank/ Public Sector Undertaking / State or Central Government or their agencies/ departments or; ii. Convicted of an offence under prevention of Corruption Act, 1988 or the Indian Penal Code or any other law for the time being in force, for causing any loss of life or property or causing a threat to public health as part of execution of a public procurement contract. iii. In contravention of the code of integrity specified under Rule 175 of General Financial Rules, 2017 published by Department of Expenditure, Govt. of India.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 15 of 191 Sl Eligibility Criteria Documents to be submitted
The Bidder should have List of service centers with 7. minimum 100 service centers at complete address and contact different cities across the details segregated for Bidders and country including all 59 zonal Franchisee centers to be provided Office of the Bank to service self- as per Format enclosed. service passbook printer installed by the Bank. The Certificate to this effect to be Bidder should have their spare provided. parts / inventory at all centers of the bank. In case the Bidder Bank shall be provided with view does not have it, this facility has facility to centralized complaint to be provided within a period of monitoring system of the vendor for 3 months from the date of viewing the complaint lodged by signing of contract and a Bank of India. certificate has to be produced in this regard. The Bidder should have arrangement to provide 24x7 support and also arrangements to provide All India toll free/ contact number for lodging complaints and escalations thereof. Bidder is required to support such installations and will have to enter into SLA for uptime guarantee.
Bidder should have centralized complaint monitoring system with email facility for call logging.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 16 of 191 Sl Eligibility Criteria Documents to be submitted
8. The Bidder should have funds, Certificate to this effect to be infrastructure and resources for provided. deployment of 3000 Barcode Based Passbook kiosks with in a period of 4 months. Bidder should have middleware software implemented in one or more Banks with 500 or more Kiosks connected to CBS. Bidder should have demonstrated successful running of 500 or more Kiosks at least for a period of 3 or more months as on the date of RFP, with demonstrated technical capability of ISO-8583 Queue management. The middleware should have connected with a load of 2000 or more Kiosks in any one of the Bank. A certificate from concerned Bank is required to be produced. The Bidder/OEM should have a minimum production capacity of 3000 Bar Code based Passbook printing Kiosks per year. Bank will take a review of the bidder’s capacity based on Plant & Machinery capacity, manpower strength, previous years’ production, etc
9. The proposed solution should Certificate to this effect to be have provision of hand shake / provided. interface / integration with Bank’s existing hardware / software / Finacle. 10. The bidder must undertake to Certificate to this effect to be make all software upgradation / provided. modifications necessary to confirm to any changes or modifications in Finacle or any changes or modifications required by the Bank, from time to time without any additional cost.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 17 of 191
NOTE:
i. Two different group companies (both with majority shareholding from a common company) submitting separate bids representing different OEMs will be disqualified. Both OEM and authorized suppliers cannot submit bid. If both submit the bid, the same shall be rejected.
ii. Bidder must comply with all the above mentioned criteria. Non-compliance of any of the criteria will entail rejection of the Bid. Copies of the relevant documents/ certificates should be submitted as proof in support of the claims made
iii. Bidding on consortium basis will not be accepted. It is clarified that bids submitted as consortium shall be rejected.
iv. Any Bidder or any group/JV/Association/subsidiaries having unpaid dues payable to the bank /debarred /blacklisted by the bank from participating in the RFP process, as on last date of submission of bid in respect of past services, shall not be eligible to participate in this RFP process. Bank’s decision in this regard shall be final.
v. If any company is not able to meet profitability and / or Net worth criteria as stipulated in eligibility criteria above, they can still participate in the tender, provided their parent company is meeting both profitability and Net worth Criteria as desired above. In such case the bidder shall furnish performance guarantee from the parent company.
vi. All reference documents must be dated on or after the date of RFP.
vii. Abnormal low bid prices/predatory pricing An abnormally low bid is one in which the bid price, in combination with other elements of the bid, appears so low that it raises material concerns as to the capability of the bidder to perform the contract at the offered price. In such cases, the Bank shall be within its absolute right to seek written clarifications from the bidder/s, including detailed price analysis of the bid price in relation to the scope, schedule, allocation of risks and responsibilities, and any other requirements as the Bank may deem necessary.
If, after evaluating the price analysis, Bank determines that the bidder/s has/have substantially failed to demonstrate its capability to deliver the contract at the offered price, bank may at its sole discretion:
a) reject / cancel the bid/proposal after giving 7 days notice to the such bidder/s; and /or b) forfeit the bid security and/or invoke Bank Guarantee; and /or c) recover cost incurred/to be incurred by the bank for the delay in implementation including the penalty, if any, imposed by the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 18 of 191 Regulator/Government/Other authorities for non-compliance of regulatory/Government/Other authorities guidelines; and /or d) debar such bidder/s from future RFP processes/contracts for the period as deemed fit by the Bank; and/or e) circulate the list of such entities to member organization/s for circulation among members and/ or f) Circulate/publish the list of such entities, as deemed fit. In the event of rejection/cancellation of any bid/s as above, the Bank shall also be within its absolute right at its sole discretion to award the contract to the next bidder/s in the ratio stated in the RFP.
3.2. Independent External Monitors (IEM)
Bank of India has empanelled Independent External Monitors (IEMs) for implementation of Integrity Pact (IP) in respect of procurements as per directives received from the Central Vigilance Commission (CVC). The details are as under:-
1 2
Dr. Joginder Paul Sharma, IAS (Retd) Shri Ashwani Kumar Ex-Principal Secretary. Govt. of UP Ex-CMD, Dena Bank D-266, Sector-47,Noida, UP Flat No. 101, 1st Floor Mobile: 9650999444 Plot No. F.P. No.81, Ruby Bandra West e-mail: [email protected] Ruby CHSL, 29th Road, Near Duruoella Convent High School. Mobile: 9920262626 ; e-mail:[email protected]
3.3. Integrity Pact (IP)
Venders/bidders/sellers, only those who commit themselves to Integrity Pact (IP) with the Bank, would be considered competent to participate in the bidding process. In other words, entering into this pact would be the preliminary qualification. In case of bids not accompanied with properly executed IP by the bidders along with the eligibility bid, the offers shall be summarily rejected. IP shall cover all phases of contract i.e. from the stage of Notice Inviting Tenders (NIT)/Request for Proposals (RFP) till the conclusion of the contract i.e. final payment or the duration of warranty/guarantee. Format of IP is provided in Format 8.16 for strict compliance.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 19 of 191
PART 4 TERMS AND CONDITIONS OF CONTRACT (TCC)
Clau Clau se Topic se Topic No. No. 4.1 Period of contract 4.30 Pre-bid Meeting Bid Document Availability and 4.2 4.31 Publicity Cost of Bidding 4.3 Language of Bid 4.32 Subcontracting Bid Documents Submission Validity of the Agreement 4.4 4.33 requirement Opening of Eligibility and 4.5 4.34 Insurance Technical Offers 4.6 Technical Evaluation 4.35 Service level agreement Use of Contract Documents and 4.7 Documents Comprising the Bid 4.36 Information Clarification of Bidding 4.8 4.37 Patent Rights Document Amendment of RFP / Bidding 4.9 4.38 inspection Document 4.10 Bid Prices 4.39 Warranty/Uptime 4.11 Bid Currencies 4.40 Termination of Contract 4.12 Bid Security 4.41 Termination for Insolvency 4.13 Period of Validity of Bids 4.42 Termination for Convenience 4.14 Submission of Bids 4.43 Force Majeure Deadline for Submission of 4.15 4.44 Liquidated Damages Bids 4.16 Late Bids 4.45 Review Meeting Modification and Withdrawal of 4.17 4.46 Disputes/Arbitration Bids Opening of Technical Bids by 4.18 4.47 Jurisdiction the Bank Right to Audit 4.19 Conformity to Eligibility Criteria 4.48
4.20 Technical Evaluation 4.49 Right to Defective Product 4.50 4.21 Evaluation of Price Bids Notices
Single Point of Contact for the Contacting the Bank 4.51 4.22 Contract Project Award of Contract Criteria Compliance with Statutory and 4.23 4.52 Regulatory Provisions
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 20 of 191 Applicability of Preference to Replacement of PBKs machines 4.24 Make in India, Order 2017 4.53 with recurring issues (PPP-MII Order) Bank’s right To Accept Any Bid 4.25 4.54 Assignment and to reject any or All Bids. Notification of Award / Letter of 4.26 4.55 Additional PBK Requirement Intent 4.27 Signing of Contract 4.56 Other terms and conditions Compliance With IS 4.28 Security for performance 4.57 Security Policy
Country of Origin / Eligibility of 4.29 Goods & Services:
4.1 Period of Contract
The Bidder should commit to provide the outsourced services detailed in this document for contract period from the date of execution of Service Level Agreement which will have effective date of first Purchase Order that will be issued by the Bank and valid up to 5 years with claim period of additional one year.
4.2 Bid Document Availability and Cost of Bidding
i. Bid document availability
The Bidding Document may be obtained from the Bank as under or downloaded from Bank’s Website http://www.bankofindia.co.in/tenders and the bid should be submitted on or before the due date and time brought out in the bidding document at the office of Bank Of India, Digital Banking Department, Head Office, Star House II, C-4, G-Block, 6th Floor, Bandra Kurla Complex, Bandra (East) Mumbai – 400 051.
Bidders should note that all the information required by the Bank in RFP needs to be provided. Incomplete information may lead to non-selection.
ii. Cost of Bidding
a) A non-refundable bid amount of Rs. 50,000/- to be paid by means of a demand draft / pay order favouring "Bank of India - RFP-3000 BARCODE BASED PASSBOOK KIOSK” payable in Mumbai or by way to credit to designated account, being cost of Bid document. The amount will not be refunded to any prospective bidder under any circumstances including cancellation of RFP or procurement process at any stage. If bid is downloaded from website, the cost of the bid may be paid in a separate envelope while submitting the Bid. Bids are liable to be rejected if the Bid
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 21 of 191 Amount demand draft / pay order/credit to account is not received. (for exemption , please refer to 4.2.iii).
b) The Bidder shall bear all costs associated with the preparation and submission of its Bid and the Bank will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the Bidding process.
iii. Exemption of Tender Fee and Bid Security:
a) Micro & Small Enterprises (MSE) units and Start-ups* are exempted from payment of EMD and tender fee provided the Services they are offering, are rendered by them. Exemption as stated above is not applicable for providing services, rendered by other companies. Bidder should submit supporting documents issued by competent Govt. bodies to become eligible for the above exemption.
b) Bidders may please note:
NSIC certificate/ Udyog Aadhar Memorandum should cover the items tendered to get EMD/tender fee exemptions. Certificate/ Memorandum should be valid as on due date / extended due date for Bid submission.
“Start-up” company should enclose the valid Certificate of Recognition issued by Department for Promotion of Industry and Internal Trade (DPIIT), (erstwhile Department of Industrial Policy and Promotion), Ministry of Commerce & Industry, Govt. of India with the technical bid.
*Start-ups which are not under the category of MSE shall not be eligible for exemption of tender fee. Bidder who solely on its own, fulfils each eligibility criteria condition as per the RFP terms.
Bidder who solely on its own, fulfils each eligibility criteria condition as per the RFP terms and conditions and who are having MSE or Start-up company status, can claim exemption for EMD.
Bidder claiming exemption of cost of bid and Bid Security shall execute a declaration accepting that if they withdraw or modify their Bids during the period of validity, or if they are awarded the contract and they fail to sign the contract, or to submit a performance security before the deadline defined in the request for bids document, they will be suspended for at least TWO years from the date of communication sent to the bidder in this regard.
4.3 Language of Bid
The Bid prepared by the Bidder, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Bank and supporting documents and printed literature shall be written in English.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 22 of 191 4.4 Bid Documents Submission requirement
i. Bidders shall seal the envelopes containing “Eligibility Bid”, “Technical Bid” and “Price Bid” separately and the three envelopes shall be enclosed and sealed in an outer envelope. The bidder should submit the soft copy of the Technical bid document in the form of CD, in the sealed envelope containing ‘Technical Bid”.
ii. The inner and outer envelopes shall be addressed to the Bank at the address given; and
iii. Each bid shall be submitted in three parts (one for Eligibility Bid, one for Technical proposal and one for Price Bid) a) Part I – Eligibility Bid b) Part II- Technical Proposal c) Part III- Price Bid The three parts should be in three separate covers, each superscribed with the name of the Project – “For outsourcing of Installation and Maintenance Services for 3000 Bar Code Based PassBook Kiosk” as well as - “Eligibility Bid “, “Technical Proposal” and “Price Bid” as the case may be.
iv. The Bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. The person or persons signing the Bids shall initial all pages of the Bids, except for un-amended printed literature. Copy/ies of document evidencing authority to execute the document/s (e.g. Power of Attorney, authority under Board resolution etc.) shall be annexed to the bid. The bid shall be treated unresponsive, if there is any of the infirmities mentioned herein.
v. Any inter-lineation, erasures or overwriting shall be valid only if they are initialed by the person signing the Bids. The Bank reserves the right to reject bids not conforming to above.
vi. The covers should also indicate name and address of the vendor submitting the offers.
vii. The covers should be addressed to:
The General Manager Bank of India, Head Office, Digital Banking Department, 6th Floor, Star House-II C-4, “G” Block Bandra-Kurla Complex Bandra-East Mumbai - 400 051
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 23 of 191 viii. Eligibility Bid (EB)
EB will contain compliance sheet of Eligibility clause as mentioned in Part -3 – Eligibility Criteria of Section 3.1 along with relevant documentary proofs. It will also contain original Integrity Pact, EMD, and Tender document fees. Technical offer bid will be opened after opening of eligibility bid. The list of document as mentioned in 4.7.i.
ix. Technical Proposal (TP)
a) The Technical offer (TP) should be complete in all respects and contain all information asked for in this document.
b) It is mandatory to submit the technical details only in the prescribed formats duly filled in, along with the offer. The Bank, at its discretion, may not evaluate a TP in case of non- submission or partial submission of technical details. Bank may ask the vendor to furnish the support documents, if required.
c) The TP must be submitted in an organized and structured manner. No brochures/leaflets etc., should be submitted in loose form.
d) The TP should comprise of following the list of document as mentioned in 4.7.ii
e) The vendor should agree and confirm to the terms & conditions specified in the RFP. The vendor is advised not to specify or mention any other terms and conditions, as the Bank may take such conditions as deviations/non-conformity with the RFP terms.
x. Indicative Commercial Offer/Price Bid
a) Indicative Commercial offer should give all the relevant price information in line with “Price Composition”.
b) It should be as per the formats Price Bid as per PART 8.2 only.
c) It should not contain any terms and conditions or additional documents.
xi. Price Composition
a) The price quoted should be only in Indian rupees only
b) There should be no hand written material, corrections or alterations in the commercial offer
c) The prices offered shall be on a fixed price basis and should not be linked to the Foreign exchange rate fluctuation.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 24 of 191 4.5 Opening of Eligibility and Technical Offers/proposal
i. Eligibility and Technical Offers will be opened on scheduled date and time. No separate intimation will be given in this regard to the vendors, for deputing their representatives.
ii. Representative of the vendor are requested to be present in person /join web meeting as informed by Bank for the opening of the Eligibility and Technical Offers.
4.6 Technical Evaluation
i. The Bank will first evaluate the eligibility criteria and if found eligible, further evaluation will be carried out by the Bank. Then the technical responses will be evaluated and if not found satisfactory, further evaluation will not be done for that particular vendor. The Bank will not rely only on the vendor's response and may cross-check from other sources and Bank's decision on satisfactory level will be binding on all the bidders.
ii. The evaluation will focus on fitness to the requirements of technical and functional specifications mentioned in the annexure. The Product offered should meet all the technical and functional specifications. Non-compliance will attract rejection of the proposal.
iii. It may include demonstration of proposed solutions, reference calls, and site visits of selected customers with comparable configurations. The proposal will be rejected in case of any adverse findings.
iv. The Bank will shortlist the vendor(s) based on technical evaluation.
v. Bank reserves the right to reject any and/or all proposals without assigning any reason whatsoever.
4.7 Documents Comprising the Bid
i. Eligibility Proposal/bid should contain the following
Sl Description Format 1 Offer letter Format 8.3 2 Conformity to Eligibility Criteria Format 8.4 3 Additionally if relaxation is Audited Financial statements for the year sought on net worth and 2016-17 profitability , then financial statements of the parent company is to be submitted along with confirmation of parent company that they are agreeable
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 25 of 191 to provide performance guarantee ( format will be finalized at the time of execution of SLA) 4 Audited Financial statements for the year Same as serial no.3 above 2017-18 5 Audited Financial statements for the year Same as serial no.3 above 2018-19 6 Audited financial statement for the year Same as serial no.3 above 2019-20 7 Provisional Financial statement for FY Same as serial no.3 above 2020-21 8 Bidder Organisation details Format 8.5 9 Track Record of operations Format 8.6 10 Service Support details Format 8.7 11 Certificate of Single Point Responsibility Format 8.8 for all sub-contracts 12 Undertaking for Scope of work – Format 8.9 conforming compliance to Scope of work as per PART 5 of the RFP 13 Manufacturer’s Authorisation Format 8.10 14 Contract form Format 8.11 15 Bank Guarantee Format 8.12
16 Bid Security Form Format 8.13 17 Letter from reference bank Format 8.14 (along with all enclosures/reference numbers towards PART 3 – Eligibility criteria) 18 Letter from reference bank Format 8.15 19 DD/Payorder/account credit of Rs. 50,000/- being cost of Bid document (To claim exemption with relevant documents, if eligible under 4.2.iii) 20 Integrity pact Format 8.16 (Duly stamped as applicable in the state where it is executed. If not stamped properly, the bid shall be treated as unresponsive) 21 Non – Disclosure Agreement Format 8.20
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 26 of 191
ii. Technical specifications/proposal cover should contain the following. Sl Description Format
1 Conformity to compliance of TECHNICAL & FUNCTIONAL SPECIFICATIONS (TFS) mentioned in Part 6 of the RFP 2 Brochure / Literature of the Make/s and Model/s of PBKs proposed
3 Write up on Maintenance service centre - infrastructure with regard to - Certifications - Remote Monitoring Management System (RMMS) - 24 X 7 - End to End incident/program management services - no. of people / manpower deployed, shifts - scalability and capacity to take up additional load - Details of Monitoring Tool – in house developed or standardized, Capability to configure for providing dashboard for online health status of PBKs 4 All the supporting documents, write up, brochure/literature/functionalities, reference letters as required for evaluating the responsiveness to the RFP requirement. 5 Certificate of local contents (where FORMAT 8.18 applicable) 6 Compliance with IT/IS security policy Annexure G
7 Reverse auction forms FORMAT 8.17
While submitting the Technical Bid, literature on the software / hardware/supporting documents should be segregated and kept together in one section / lot. iii. Any Eligibility proposal, Technical Proposal not containing any of the above will be rejected. The Eligibility Proposal and Technical Proposal should not contain any price information, such proposal will be rejected.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 27 of 191 iv. Document comprising Price Bid Envelope a) The Commercial / Price Bid as per Format 8.2 as furnished in the Bidding documents duly signed by the Bidder and completed in all respects. b) Price bids containing any deviations, variation or additional clauses will be summarily rejected.
v. Please note to submit the non-refundable bid amount of Rs. 50,000/-. Bids are liable to be rejected if the same is not received. by means of a demand draft/pay order favoring" Bank of India - RFP-3000 BARCODE BASED PASSBOOK KIOSK” payable in Mumbai, in a separate envelope with Eligibility criteria/proof of credit to designated current account of the bank. (for exemption please refer to 4.2.iii and submit additional documents mentioned therein).
vi. The bidder is expected to examine all instructions, formats, terms and conditions specifications in the RFP Document. Failure to furnish all information required or to submit a Bid not substantially responsive to the RFP requirement will be at the Bidder’s risk and may result in the rejection of the Bid.
4.8 Clarification on Bidding Document
Bidder requiring any clarification pertaining to the RFP Document may seek the same from the Bank in writing at the address mentioned in or by e-mail as indicated in Invitation to Bid in Page no.6. E-mail is considered as one of the valid modes of communication.
4.9 Amendment of RFP / Bidding Document
i. 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 clarification requested by prospective Bidders, may modify the Bidding Document, by issuing Corrigendum.
ii. Corrigendum will refer to the original clause contained in the RFP against which modification and / or deletion will be mentioned. In case of insertion of Additional clause, the same will be specified in the Corrigendum.
iii. Bank will not reply to each and / or all Bidders for their queries separately. The necessary additions / deletions / modifications to the RFP clauses if deemed fit will be issued by way of Corrigendum to the RFP.
iv. It is clarified that those clauses pertaining to which queries raised, amendments / clarifications sought, relaxations requested by the Bidders (either by way of pre-bid queries or queries raised subsequently) which are not covered / contained in the Corrigendum are the clauses that will remain unchanged.
v. Corrigendum / corrigenda will be put up on the Bank’s Website along with the RFP document and will be binding on all Bidders.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 28 of 191 vi. In order to allow prospective Bidders reasonable time in which to take the amendment / modifications contained in the Corrigendum into account in preparing their Bids or for any other reason, the Bank, at its discretion, may extend the deadline for a reasonable period as decided by the Bank for the submission of Bids.
4.10 Bid Prices
i. Bidder should quote price in Price Bid Format given in PART 8.2 of the Bid Document.
ii. The price quoted should be inclusive of all costs, duties, levies, taxes and all other applicable charges excluding GST.
iii. Price quoted as per Part 8.2 shall be valid for the entire Contract Period from the date of execution of SLA up to Expiry of the contract. The Service Level Agreement will have effective date as date of the first Purchase Order issued to the Vendor/s.
iv. Prices quoted by the Bidder shall be fixed during Contract period and shall not be subject to variation on any account, including exchange rate fluctuations, changes in taxes, duties, levies, charges etc. A Bid submitted with an adjustable price quotation will be treated as nonresponsive and will be rejected.
v. Bank’s decision on the selection of sites, in case of relocation from existing site/s, shall be final and binding. No additional amount shall be paid except that envisaged under this RFP.
4.11 Bid Currencies
i. Bids are to be quoted in Indian Rupees only.
4.12 Bid Security
i. The Bid Security amount is exempted for bidders as per clause 4.2.iii provided the conditions mentioned therein are complied with.
ii. The Bidder shall furnish, as part of its Bid, a Bid security amounting to Rs. 20 Lacs as per Format 8.12.
iii. The Bid security is required to protect the Bank against the risk of Bidder’s conduct, which would warrant the security’s forfeiture.
iv. The Bid security shall be denominated in Indian Rupees and shall be in one of the following forms:
a) A Bank guarantee issued by a Public Sector Bank in India (Other than Bank of India)/reputed private sector bank, acceptable to the Bank, as per Format 8.12 provided in the Bid, valid for ninety days (90) days beyond the validity of the Bid ; OR
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 29 of 191 b) A Banker’s Cheque / Demand Draft, issued by a Public sector Bank in India, drawn in favour of Bank of India payable in Mumbai; OR
c) Fixed Deposit with Bank of India, duly discharged and accompanied by letter of set-off and appropriation as per Bank’s Format (Format will be provided by the bank). Bidder has to comply with bank’s extant procedure for opening of FD account and execution of Letter of set-off and appropriation.
v. Any Bid not secured, as above, will be rejected by the Bank, as nonresponsive.
vi. Unsuccessful Bidders’ Bid security will be discharged or returned as promptly as possible but not later than sixty (60) days after the expiration of the period of Bid validity or 30 days’ after the award of contract, whichever is earlier.
vii. The successful Bidder’s Bid security will be discharged upon the Bidder signing the Contract Form and furnishing the Performance Security.
viii. The Bid security may be forfeited:
a) if a Bidder withdraws its Bid during the period of Bid validity. Or
b) if a Bidder makes any statement or encloses any document which turns out to be false/incorrect at any time prior to signing of Contract; or
c) The bidder has quoted abnormally low price as determined by the bank and; (a) the bid is rejected by the Bank or (b) the RFP is cancelled due to abnormal low price quoted by the bidder; or;
d) In the case of a successful Bidder, if the Bidder fails to (a) submit the Performance Guarantee or (b) sign the Contract Form /SLA.
4.13 Period of Validity of Bids
i. Bids shall remain valid for 120 days from the date of opening of the Bid. A Bid valid for a shorter period may be rejected by the Bank as non-responsive.
ii. In exceptional circumstances, the Bank may seek the Bidders’ consent for extension of the period of validity. The request and the responses thereto shall be made in writing. The Bid security provided shall also be suitably extended. Bidder may refuse the request without forfeiting its Bid security, in which case the bids shall be treated as withdrawn.
4.14 SUBMISSION OF BIDS
i. Bid Submission
The Bidder shall submit three (Eligibility Proposal, Technical Proposal and Price Bid) Envelopes simultaneously contained in one outer envelope to the Bank at address The General Manager, Bank of India ,Digital Banking
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 30 of 191 Department, Head office, Star House, C-4, G-Block, 6th Floor, Bandra Kurla Complex, Bandra (East) Mumbai – 400 051.
Bids are liable to be rejected if only one (i.e. Eligibility Proposal, Technical Proposal or Price Proposal) is received.
ii. The Bidders’ shall seal one envelope of “Eligibility Bid”, one Envelope of “Technical Bid” and One envelope of “Price Bid” and the three envelopes (one Eligibility Bid, one Technical Bid & one Price Bid) of each bidder shall be enclosed and sealed in one outer envelope. The Bidder should additionally submit soft copies of the Technical Bid documents & Specifications in the form of CD separately.
iii. The inner and outer envelopes shall bear the Project Name as under:
"Bank of India - RFP-3000 BARCODE BASED PASSBOOK KIOSK Dated: 12-07-2021
The Eligibility, Technical and Price Bids:
a) Eligibility Bid: " Bank of India - RFP-3000 BARCODE BASED PASSBOOK KIOSK Dated: 12-07-2021”
b) Technical Bid:
" Bank of India - RFP-3000 BARCODE BASED PASSBOOK KIOSK Dated: 12-07-2021”
c) The Price Bid envelope will bear the Project name as under
" Bank of India - RFP-3000 BARCODE BASED PASSBOOK KIOSK Dated: 12-07-2021”
d) If the outer envelope is not sealed and marked, the Bank will assume no responsibility for the Bid’s misplacement or premature opening.
4.15 Deadline for Submission of Bids
i. Bids should be received by the Bank at the address specified, no later than the date & time specified in the Invitation to Bid.
ii. The Bank may, at its discretion, extend this deadline for the submission of Bids by amending the Bid Documents, in which case, all rights and obligations of the Bank and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 31 of 191 4.16 Late Bids
Any Bid received through whichever mode of delivery after the deadline for submission of Bids prescribed in PART I Invitation to Bid will be rejected and returned unopened to the Bidder. Bank will not be responsible for postal / courier delay or delay caused by any other reason for submission of the bid.
4.17 Modification and Withdrawal of Bids
i. 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.
ii. No Bid may be modified after the deadline for submission of Bids.
iii. No Bid may be withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity. Withdrawal of a Bid during this interval may result in the Bidder’s forfeiture of its Bid security.
4.18 Opening of Technical Bids by the Bank
i. The Eligibility Bid shall be opened by the bank first in the presence of representative of the Bidders/online meeting and after accessing the Bids conformity with Eligibility criteria, the technical Bid will be opened in the presence of representative of the Bidders/online meeting.
ii. The Bidders’ names, Bid modifications or withdrawals and the presence or absence of requisite Bid Security and such other details as the Bank at its discretion may consider appropriate, will be announced at the time of Eligibility Bid opening. No bid shall be rejected at the time of Eligibility bid opening, except for late bids, which shall be returned unopened to the Bidder.
iii. Bids (and modifications sent) that are not opened at Bid Opening shall not be considered for evaluation, irrespective of the circumstances. Withdrawn bids will be returned unopened to the Bidders.
4.19 Conformity to Eligibility Criteria
i. The Bank will scrutinize the Bids to determine whether they are complete as to the submission of required formats, documents and reference letters. The documents have been properly signed, and the Bids are generally in order.
ii. Bank may, at its discretion, waive any minor infirmity, non-conformity, or irregularity in a Bid, which does not constitute a material deviation.
iii. The Bank will examine whether the Bid and the Bidder is eligible in terms of Eligibility Criteria contained in Part 3 of the RFP.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 32 of 191 iv. The Bank’s determination of a Bid’s responsiveness will be based on the contents of the Bid. The Bank will determine responsiveness of each Bid to the RFP document. For purposes of these Clauses, a responsive Bid is one, which conforms to all the criteria and terms and conditions of the RFP without non-compliance, deviations or reservations to any criteria, terms and conditions.
4.20 Technical Evaluation
i. Bidders who fulfil all qualifications mentioned in Part 3 of Eligibility Criteria of this RFP are eligible to participate in this tender process.
ii. The Bank reserves the right to evaluate the bids on technical & functional parameters including visit to inspect live site/s of the bidder, interact with the banks whose reference letters are submitted. The technical bids will be evaluated inter alia on the basis of the following key criteria:
a) Ability of the proposed PBKs to meet functional requirements outlined in this document. b) Compliance of the Make and Models of PBKs proposed with technical specifications laid down in the RFP. c) Availability of Qualified Maintenance Engineers across the country. d) Scalability and capacity of the Maintenance Service Centre to take additional PBKs with its Business Continuity Plan. e) Configurability of the centralized monitoring tool to provide dashboard with drilled downed details of Zone, State etc. for real time health status PBKs f) Bidder’s service support facilities g) Bidder’s experience / expertise with respect to the delivery of Scope of work laid down in the RFP h) Any other relevant feature
iii. The Technical response with respect to the make and model quoted and requirements of technical and functional specifications mentioned in the RFP will be evaluated. The Bank may cross check with other banks whose reference is submitted by the Bidder in its Bid and any other external source as deemed fit. The Bank’s decision on satisfactory level for technical shortlisting of Bid will be binding on all bidders. Bank will also undertake independent audit of the Kiosks supplied at various locations to check conformity with the Technical specifications. The cost of such audit shall be borne by the bidder.
iv. During evaluation of the Bids, the Bank, at its discretion, may ask the Bidder for clarification of its Bid. The request for clarification and the response shall be in writing, and no change in the prices or substance of the Bid shall be sought, offered or permitted.
v. Bidders may be called to give presentation of their solutions with its capabilities at their own cost, which will be taken into account for technical evaluation of the Bidders.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 33 of 191
4.21 Evaluation of Price Bids
i. The Indicative Price Bids of only those Bidders who are evaluated as eligible as per Eligibility Criteria contained in PART 3 and responsive to Technical and Functional Specifications will be opened. The date and time of opening of Indicative Price Bids will be communicated to such shortlisted Bidders.
ii. Only those Bidders who qualify in Technical evaluation would be shortlisted for commercial evaluation via Reverse Auction conducted by the Bank’s authorized e-Procurement service provider
iii. The L1 Bidder will be selected on the basis of total of the price evaluation as quoted in Reverse Auction.
iv. The successful bidder of Reverse Auction is required to provide price breakup / confirmation within 48 hours of conclusion of the Reverse Auction.
v. Bidder who does not quote any price or fails to participate in the Reverse Auction for any of the components of price bids but participates in other components, it will be deemed that the bidder accepts the pricing of other components at the lower of L1 price or the reserve price fixed by the bank, for this related component.
vi. Bidder who does not quote any price or fails to participate in the Reverse Auction for buy back of old Kiosk shall have to buyback the assets at H1 rate or the reserve price fixed by the Bank, whichever is higher. Bidder is deemed to have accepted this condition, if the bidder submits the bid / participates in the Reverse Auction.
vii. Arithmetic errors, if any, in the price breakup format will be rectified as under:
a) If there is a discrepancy between the unit price and total price which is obtained by multiplying the unit price with quantity, the unit price shall prevail and the total price shall be corrected unless it is a lower figure. If the bidder does not accept the correction of errors, the bid will be rejected.
b) If there is a discrepancy in the unit price quoted in figures and words, the unit price in figures or in words, as the case may be, which corresponds to the total bid price for the bid shall be taken as correct.
c) If the vendor has not worked out the total bid price or the total bid price does not correspond to the unit price quoted either in words or figures, the unit price quoted in words shall be taken as correct.
d) Bank may waive off any minor infirmity or non-conformity or irregularity in a bid, which does not constitute a material deviation, provided such a waiving does not prejudice or affect the relative ranking of any bidder.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 34 of 191
4.22 Contacting the Bank
i. 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.
ii. Any effort by a Bidder to influence the Bank in its decisions on Bid evaluation, Bid comparison or contract award may result in the rejection of the Bidder’s Bid.
4.23 Award of Contract Criteria
i. Bidders should note that Bank has plan / target of installation of all 3000 locations within 4 months from the date of acceptance of Purchase Order. Accordingly, the orders will be placed with selected Vendors and the Vendors should complete installations / operationalize PBKs at all locations within the set time frame.
ii. The prospective Bidders should note that the composition of On-site and Off- site PBKs out of 3000 total requirement and the locations of the same will be decided during deployment stage. This requirement will be based on the business requirement of Bank’s Zonal Offices. The list of locations will be given to the selected Vendors as and when area / locations / sites are identified by the Bank. The prospective Bidders should have the arrangements and capability to roll out PBKs across the country.
4.24 Applicability of Preference to Make in India, Order 2017 (PPP-MII Order)
i. Bank will follow the guidelines on Public Procurement (Preference to Make in India), Order 2017 (PPP-MII Order) issued vide Central Vigilance Commission Order No. 018/VGL/022-377353 dated April 20, 2018 and basis of allotment will be done in terms of instructions on Public Procurement (Preference to Make In India), Order, 2017 – Revision; regarding issued vide GOI, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion letter No. P-45021/2/2017(BE-II) dated May 29, 2019, revised on 04-06-2020, further revised on 16-09-2020. Salient features are given below:
a) Among all qualified bids, the lowest bid (as quoted in reverse auction) will be termed as L1. If L1 is a Class I local supplier, the contract for full quantity will be awarded to L1.
b) If L1 bid is not a ‘Class I local supplier’, 50% of the order quantity shall be awarded to L1. Thereafter, the lowest bidder among the “Class I local supplier’ will be invited to match the L1 price for the remaining 50% quantity subject to the local supplier’s quoted price falling within the margin of purchase preference, and contract for that quantity shall be awarded to such the ‘Class I local supplier’ subject to matching the L1 price. In case such lowest eligible ‘Class I local supplier’ fails to match the L1 price or accepts less than the offered quantity, the next higher ‘Class I local supplier’ within the margin of purchase preference shall be invited to match the L1 price
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 35 of 191 for remaining quantity and so on, and contract shall be awarded accordingly. In case some quantity is still left uncovered on local suppliers, then such balance quantity may also be ordered on the L1 bidder.
c) ‘Class-I Local supplier’ means a supplier or service provider, whose products or service offered for procurement, has local content equal to or more than 50%, as defined in this order.
d) ‘Class-II Local supplier’ means a supplier or service provider, whose product or service offered for procurement, has local content more than 20% but less than 50%, as defined in this order.
e) ‘Non Local supplier’ means a supplier or service provider, whose product or service offered for procurement, has local content less than or equal to 20%, as defined in this order.
f) ‘Local content’ means the amount of value added in India which shall , unless otherwise prescribed by the Nodal Ministry, be the total value of the item procured (excluding net domestic Indirect taxes) minus the value of imported content in the item (including all customs duties) as a proportion of the total value, in percent.
g) ‘Margin of purchase preference’ means the maximum extent to which the price quoted by a ‘Class I local supplier’ may be above the L1 for the purpose of purchase preference.
h) Decisions on complaints relating to implementation of the above shall be taken by the competent authority which is empowered to look into procurement related complaints relating to the procuring entity.
i) In case all class I local suppliers are available for the captioned RFP; the allocation shall be done as under:
For this RFP, for the purpose of deciding the local content, the local content of the PB printing kiosk with native application only shall be considered.
Allocation between L1 & L2 will be in the ratio of 60:40 based on the Total Cost of Ownership quoted in the Reverse Auction, provided L2 matches not only Reverse Auction price of L1 but also matches the L1 prices worked out after reverse auction in respect of line items of the Indicative Commercial Bid. If L1 fails, L2 will be offered to be L1 and another vendor will be called for L3. If L1, L2 both fail, L3 will be offered L1 and so on. In the event L2/L3 and so on, are not willing to take, entire procurements may be awarded at the sole discretion of the Bank. j) Certificate of local Content
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 36 of 191 The ‘Class-I Local supplier’ /‘Class-II Local supplier’ shall provide a Certificate from the statutory auditor or cost auditor of the company (in case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of local content, on their letter head with Registration Number with seal.(Format 8.18)
4.25 Bank’s right To Accept Any Bid and to reject any or All Bids.
i. The Bank reserves the right to accept or reject any Bid /offer received in part or in full, and to cancel the Bidding process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the affected or Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Bank’s action.
ii. The bid is liable to be rejected at the sole discretion of the Bank, if the bidder submits abnormally low rate.
iii. After identification of L1/L2 Bidder, Bank will follow the internal procedure for necessary approvals and thereafter proceed with notification of award / issuing Letters of Intent to the selected bidders as per clause 4.26 of the RFP.
iv. Bank reserves the right to cancel the entire Bidding / procurement process at any stage without assigning any reason whatsoever.
4.26 Notification of Award / Letter of Intent
i. Prior to expiration of the period of Bid validity, the Bank will notify the successful L1, L2 Bidder/s in writing or by e-mail, that its Bid has been accepted.
ii. Such successful bidders are required to accept the offer within 5 days of the notification of award of contract / receiving Letter of Intent.
iii. Upon notification of award to the selected Bidders in terms of the clause 4.26 of the RFP and acceptance of the offer by such selected bidders, the Bank will promptly notify each unsuccessful Bidder while discharging their Bid security.
4.27 Signing of Contract
i. Upon receiving notification of award of contract / Letter of Intent the selected bidder/s within 15 days of acceptance of Letter of Intent shall sign the Contract Form as per Format 8.11.
ii. Signing of the Contract Form will constitute formation of the Contract till the Service Level Agreement is executed between the Bank and the Vendor.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 37 of 191 iii. Failure of the successful Bidder to sign the contract and return it to the Bank within 15 days from the acceptance of Letter of Intent shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid security.
iv. Such selected lowest bidder/s would be required to successfully complete the interface to CBS and conduct POC (Proof of Concept) for the complete functionality required by the Bank within one month from the date of issuance of Letter of Intent. The pilot/test PBKs required for the purpose should be deployed by the Vendor at location required by the Bank without any additional cost.
4.28 Security for performance
i. The Performance Security shall be denominated in Indian Rupees and shall be by way of Bank Guarantee issued by a Public Sector Bank in India (Other than Bank of India) or from a reputed private sector bank, acceptable to the Bank in the Format 8.12.
ii. The successful Bidder shall provide a Performance Bank Guarantee from a public sector bank other than Bank of India or reputed private sector bank acceptable to the bank for an amount calculated at 3% of the Total Contract value based on the Final reverse auction price (which shall be calculated and advised by the Bank to Selected Bidder(s) with validity period of 5 years or till the end of the contract, whichever is later, furnished hereunder strictly as per FORMAT 8.12 is to be submitted by the finally selected Bidder and needs to be submitted within 15 days of issuance of LOI/Purchase order. The claim period of the Bank Guarantee shall be for 12 months beyond expiry date of Bank Guarantee.
iii. Bank reserves the right to stipulate higher Performance Security, depending on circumstances of each case, which inter alia includes abnormally low rates quoted by the bidder/s.
iv. The proceeds of the Performance Security shall be payable to the Bank as compensation for any loss resulting from the Vendor’s failure to complete its obligations under the Contract. In the event of nonperformance of obligations the Bank shall invoke the Performance Bank Guarantee without notice or right of demur to the Vendor apart from the other provisions of cancelling the order in terms of the RFP.
v. In the event of any contract amendment, the Vendor shall, within the 21 days from the date of such amendment (as relevant to the Performance Security), furnish the amendment to the Performance security, rendering the same valid for the duration of the Contract.
vi. In the event of Bank awarding contract for additional 25% PBK, the Vendor will submit Performance Guarantee for additional amount calculated for these additional PBKs as per para 4.28.ii , immediately.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 38 of 191 vii. The Bank reserves the right to invoke the PBG on the following grounds: Unsatisfactory performance of the vendor during the entire contract period of 5years (extension period beyond 5 years, if done, is included). Unsatisfactory performance means that:
a) the machine needs frequent spare-parts replacements (at least 6 spare part replacements in a quarter); or,
b) often down due to various hardware faults including Passbook jam/ printer offline/ printer ribbon head faulty; or,
c) its monthly average availability (as per Bank's calculation tool) is consistently below 90% for any 3 months of the year
d) Frequent delays in machine fault resolutions.
Non-compliance of any clause of this RFP and agreements
In all such cases, the vendor shall replace the problematic machines with the new one (same model) at no additional cost to the Bank & PBG may not be invoked.
If such deficiencies (Points 4.28.vii a) to d) are observed in at least 20% machines of that vendor supplied under this RFP, then Bank may terminate the contract, invoke the entire PBG and may blacklist the vendor. If terminated, the vendor shall remove all his machines without any extra cost to the Bank with in a period of 30 days from notice given by the bank.
viii. In all such cases under clause 4.28.vii, a cure period of 60 days shall be given to the vendor before Termination Notice by the Bank.
4.29 Country of Origin / Eligibility of Goods & Services:
i. All equipment and components thereof to be supplied under the Contract shall have their origin in eligible source countries, as per the prevailing Import Trade Control Regulations in India.
ii. For purposes of this clause, “origin” means the place where the goods are mined, grown, or manufactured or produced, or the place from which the related product is supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially-recognized product results that is substantially different in basic characteristics or in purpose or utility from its components.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 39 of 191
4.30 Pre-Bid Meeting
Pre-Bid Meeting as mentioned in Page 6, will be held at Bank’s Head Office, DBD Department at address given in the Part 1 Invitation to Bid of this RFP or through web session. Bidders are requested to send their queries relating to RFP to our office by e-mail (e-mail addresses as given invitation to Bid) well in advance (latest by date as specified in Page 6). During the Pre-Bid meeting Bank will interact with interested Bidders and understand the queries of the Bidders. The required clarifications will be given by way of Corrigendum to RFP as mentioned in clause 4.9 above.
4.31 Publicity
Any publicity by the Vendor in which the name of the Bank is to be used will be done only with the explicit written permission of the Bank. The PBK shall contain publicity material of the Bank and display important information to the customers. No third party advertising including that of Vendor shall be allowed at PBK.
4.32 Subcontracting
i. As per scope of the RFP, subcontracting is prohibited. However, if the Bidder subsequently wishes to sub-contract the scope of work, it will have to obtain specific written permission from the Bank before contracting any,
ii. In case subcontracting is permitted by the Bank, the contracting vendor will be responsible for all the services provided to the Bank regardless of which entity is conducting the operations. The contracting vendor is also responsible for ensuring that the sub-contractor comply with all security requirements of the contract and the Bank can obtain independent audit report for the same. In such a case, the Bidder shall provide subcontracting details to the Bank and if required, Bank may evaluate the same.
4.33 Validity of the Agreement
The Agreement/ SLA will be valid for a period of 5 years up to end of support period including AMC, if opted. The Bank reserves the right to extend the AMC for further 2 years. The Bank also reserves the right to terminate the Agreement as per the terms of RFP and the SLA.
4.34 Insurance
i. The insurance shall be in an amount equal to 110 percent of the value of the Products from “Warehouse to final destination” on “All Risks” basis including War Risks and Strikes, valid for a period not less than 4 months after installation and commissioning and issue of acceptance certificate by the Bank. ii. Should any loss or damage occur, the Supplier shall –
a) initiate and pursue claim till settlement, and
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 40 of 191 b) Promptly make arrangements for repair and/or replacement of any damaged item/s irrespective of settlement of claim by the underwriters.
4.35 Service Level Agreement
The selected Vendor/s shall enter into Service Level Agreement, containing the entire Scope of Work, Terms and Conditions of this RFP including confidentiality, non-disclosure, IPR related clauses, payment related clauses with the Bank for the contract period from the date of execution / effective date for a period of 5 years and additional 2 years AMC if opted by the bank.
4.36 Use of Contract Documents and Information
i. The Vendor shall not, without the Bank’s prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Bank in connection therewith, to any person other than a person employed by the Vendor in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance.
ii. The Vendor shall not, without the Bank’s prior written consent, make use of any document or information for purposes of performing the Contract.
iii. Any document, other than the Contract itself, shall remain the property of the Bank and shall be returned (in all copies) to the Bank on completion of the Vendor’s performance under the Contract, if so required by the Bank.
4.37 Patent Rights
In the event of any claim asserted by a third party of infringement of copyright, patent, trademark, industrial design rights, etc., arising from the use of the Goods or any part thereof in India, the Vendor shall act expeditiously to extinguish such claim. If the Vendor fails to comply and the Bank is required to pay compensation to a third party resulting from such infringement, the Vendor shall be responsible for the compensation to claimant including all expenses, court costs and lawyer fees. The Bank will give notice to the Vendor of such claim, if it is made, without delay. The Vendor shall indemnify the Bank against all third party claims with respect to copyright, patents, trademark etc.
4.38 Inspection
i. The Bank reserves the right to carry out inspection by a team of Bank officials, of any of the existing live installations of the Vendor referred to in the Technical Bid for conforming the Eligibility Criteria.
ii. The Bank reserves the right to visit the Maintenance/Warehouse Centre of the Bidder to carry out inspection to substantiate the credentials of the capabilities presented by the Bidder for compliance to Eligibility criteria. Bidder should demonstrate the functioning of Monitoring tool, incident Management, call resolution and related functions at its Service Centre.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 41 of 191
iii. Nothing stated hereinabove shall in any way release the Vendor of any obligations under this contract.
4.39 Warranty/Uptime
i. During Warranty Period, Supplier guarantees an Uptime of 98 % on quarterly basis for the entire/core solution proposed, with a MTBF of 90 days. Accordingly it is expected that necessary redundancy is built into the proposed solution for all critical components whether software or hardware. Please refer to Annexure H for details of uptime required by the bank.
ii. Warranty for Hardware/System Software/off-the-shelf Software will be provided to the Bank as per the general conditions of sale of such software.
iii. Minimum Warranty for Application Software, either developed by the Bidder or his associates, or supplied and customized to Bank's requirements, shall be for 12 months from date of User Acceptance after it is delivered, installed and commissioned.
a) Any bugs in such software shall be rectified free of cost.
b) Any requirements changes/modifications required by the Bank, will have to be carried out by the identified vendor.
c) The maximum response time for a support/complaint from the site of installation (i.e. time required for Supplier’s maintenance engineers to report to the installations after a request call / fax /e-mail is made or letter is written) shall not exceed 3 (three) hours.
d) Supplier/his representative shall solve the software problem within maximum 6 (six) hours of reporting of the problem by the Bank to the Supplier's nearest office by phone, fax, email or letter.
e) Any rectification required in the Application Software due to inherent bugs in the System Software / off-the-shelf software shall also be rectified by the Supplier or his associates, free of cost, within a reasonable period, as mutually agreed upon. 4.40 Termination of Contract :
i. The Bank, without prejudice to any other remedy for breach of Contract, by a written notice of not less than 30 (thirty) days sent to the Vendor, may terminate the Contract in whole or in part:
a) If the Vendor fails to deliver any or all of the Products and Services within the period(s) specified in the Contract, or within any extension thereof granted by the Bank; or b) If the vendor fails to perform any other obligation(s) under the contract; or c) Laxity in adherence to standards laid down by the Bank; or d) Discrepancies/deviations in the agreed processes and/or products; or
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 42 of 191 e) Violations of terms and conditions stipulated in this RFP. ii. In the event the Bank terminates the Contract in whole or in part for the breaches attributable to the Vendor, the Bank may procure, upon such terms and in such manner as it deems appropriate, Products and Services similar to those undelivered, and the Vendor shall be liable to the Bank for any increase in cost for such similar Products and/or Services. However, the Vendor shall continue performance of the Contract to the extent not terminated.
iii. If the contract is terminated under any termination clause, the vendor shall handover all documents/ executable/ Bank’s data or any other relevant information to the Bank in timely manner and in proper format as per scope of this RFP and shall also support the orderly transition to another vendor or to the Bank.
iv. During the transition, the vendor shall also support the Bank on technical queries/support on process implementation or in case of software provision for future upgrades.
v. The Bank’s right to terminate the Contract will be in addition to the penalties / liquidated damages and other actions as deemed fit. 4.41 Termination for Insolvency:
The Bank may, at any time, terminate the Contract by giving written notice to the Vendor if the Vendor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Bidder, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Bank
4.42 Termination for Convenience:
The Bank, by written notice of not less than 90 (ninety) days sent to the Vendor, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Bank’s convenience, the extent to which performance of the Vendor under the Contract is terminated, and the date upon which such termination becomes effective.
In addition to the right of the Bank to terminate the contract for the delayed/unsatisfactory/nonperformance of the Vendor and/or for various reasons detailed in the Service Level Agreement to be executed with the Bank, the Bank shall also be entitled to terminate the Contract at any time for its convenience by giving one month notice to the Vendor. It is hereby clarified that the termination for convenience shall be without any compensation to the Vendor and in case of termination for any reason, the Bank shall not be liable to pay any fee/consideration for the contract which is not performed. It is also clarified that the Vendor shall not be entitled to terminate the contract.
4.43 Force Majeure:
i. Notwithstanding the provisions of terms and conditions contained in this RFP, the Vendor shall not be liable for forfeiture of its performance security, liquidated
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 43 of 191 damages, or termination for default, if any, and to the extent that the delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
ii. For the purposes of this clause, 'Force Majeure' means and includes wars, insurrections, revolution, civil disturbance, riots, terrorist acts, public strikes, hartal, bundh, fires, floods, epidemic, quarantine restrictions, freight embargoes, declared general strikes in relevant industries, Vis Major Act of Government, impeding reasonable performance of the Vendor and / or Sub Contractor but does not include any foreseeable events, commercial considerations or those involving fault or negligence on the part of the party claiming Force Majeure.
iii. If a Force Majeure situation arises, the Vendor shall promptly notify the Bank in writing of such condition and the cause thereof. Unless otherwise directed by the Bank in writing, the Vendor shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.
4.44 Liquidated Damages:
i. If the Vendor fails to deliver any or all of the products or perform the services within the stipulated time schedule, as specified in the Contract, as desired in this RFP/ Contract, the Bank may, without prejudice to its other remedies under the Contract, and unless otherwise extension of time is agreed upon without the application of Liquidated Damages, deduct from the Contract Price, as liquidated damages as mentioned below: ii. A sum equivalent to 0.5% per week or part thereof of Contract Price subject to maximum deduction of 5% of the Contract Price for delay of each week or part thereof. Once the maximum deduction is reached, the Bank may consider termination of the Contract without any cost to the bank.
4.45 Review Meeting
i. Bank will hold a review meeting with the responsible senior in rank personnel of the selected vendor/s periodically to review the project implementation and operation. In case non satisfactory performance, the successful bidder will be given time till the next monthly review to improve the performance.
ii. Notice to the Vendor before Cancellation of the Contract
a) Bank will hold meetings to review the services of the vendor as well as uptime of the PBKs and sensitize the Vendor about Bank’s concern. The Bank’s concern will also be informed by email to the Vendor. b) The Vendor would be allotted Reasonable time period to improve the performance. The Vendor will be given notice of period of 90 days for cancellation of the contract. This shall not be applicable during initial installation phase. c) In case of initial installation period, the period mentioned in the notice shall be applicable.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 44 of 191 iii. Despite the above mechanism, if the bank is not still satisfied with the performance, bank reserves the right to terminate the contract and invoke the performance bank guarantee.
4.46 Disputes/Arbitration
i. All disputes or differences whatsoever arising between the parties out of or in connection with this contract or in discharge of any obligation arising out of the Contract (whether during the progress of work or after completion of such work and whether before or after the termination of this contract, abandonment or breach of this contract), shall be settled amicably. If however, the parties are not able to solve them amicably, either party (BOI or Vendor), give written notice to other party clearly setting out there in specific dispute(s) and/or difference(s) and shall be referred to a sole arbitrator mutually agreed upon, and the award made in pursuance thereof shall be binding on the parties. In the absence of consensus about the single arbitrator, the dispute may be referred to joint arbitrator; one to be nominated by each party and the said arbitrators shall nominate a presiding arbitrator, before commencing the arbitration proceedings. The arbitration shall be settled in accordance with the applicable Indian Laws. Any appeal will be subject to the exclusive jurisdiction of courts at Mumbai.
ii. The Vendor shall continue work under the Contract during the arbitration proceedings unless otherwise directed by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the arbitrator is obtained.
iii. Arbitration proceeding shall be held at Mumbai, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be in English.
4.47 Jurisdiction
All disputes would be subject to Indian laws and jurisdiction, and settled at courts in Mumbai.
4.48 Right to Audit:
a) The Selected Bidder (Service Provider) has to get itself annually audited by internal/ external empaneled Auditors appointed by the Bank/ inspecting official from the Reserve Bank of India or any regulatory authority, covering the risk parameters finalized by the Bank/ such auditors in the areas of products (IT hardware/ software) and services etc. provided to the Bank and the Service Provider are required to submit such certification by such Auditors to the Bank. The Service Provider and or his / their outsourced agents / sub – contractors (if allowed by the Bank) shall facilitate the same The Bank can make its expert assessment on the efficiency and effectiveness of the security, control, risk management, governance system and process created by the Service Provider. The Service Provider shall, whenever required by the Auditors,
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 45 of 191 furnish all relevant information, records/data to them. All costs for such audit shall be borne by the Bank.
b) Where any deficiency has been observed during audit of the Service Provider on the risk parameters finalized by the Bank or in the certification submitted by the Auditors, the Service Provider shall correct/resolve the same at the earliest and shall provide all necessary documents related to resolution thereof and the auditor shall further certify in respect of resolution of the deficiencies. The resolution provided by the Service Provider shall require to be certified by the Auditors covering the respective risk parameters against which such deficiencies have been observed. c) Vendor shall keep complete and accurate records of its activities in connection with the said contract. Vendor shall provide such details/information as may be called for by the Bank and/or the Reserve Bank of India (RBI) and also allow the Bank and RBI, their auditors, officers for inspecting, examining and auditing Vendor’s records, whenever required by Bank/RBI. Vendor will co-operate with the RBI/Bank’s internal or external auditor to assure a prompt and accurate audit. If the Bank permits the Vendor to outsource any of the activities under this contract (which shall always be in writing), the Vendor shall ensure that necessary agreement is entered into with the Agency engaged for such purpose and such agreement shall also contain necessary mandate by the said outsourced agency interalia agreeing for production of documents called for, inspection and audit of their premises and books by RBI and / or the Bank and any Agencies engaged by the Bank and / or by the RBI. Vendor shall also correct any practices which are found to be deficient if pointed out by the RBI/Bank. The Vendor is aware that failure to provide the information called for within the stipulated time to the Bank/RBI may result in RBI imposing fine on the Bank /Vendor and the Vendor agrees that all such fine shall be paid by the Vendor irrespective of whether such fine is levied on the Bank or the Vendor. Payment of fine by Vendor, shall not affect the right of the Bank/RBI to take other actions against the Vendor. 4.49 Right to Defective Product
If after delivery, acceptance and installation and within the warranty period, the operation or use of the product is found to be unsatisfactory, the Bank shall have the right to continue to operate or use such product until rectification of defects, errors or omissions by partial or complete replacement is made without interfering with the Bank’s operation.
4.50 Notices:
Any notice given by one party to the other pursuant to this contract shall be sent to other party in writing or by email and confirmed in writing to other Party’s address. The notice shall be effective when delivered or on the notice’s effective date whichever is later.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 46 of 191 4.51 Single Point of Contact for the Contract /Project
The Bank intends that the selected Bidder/s shall have the single point of contact who will be responsible for fulfilling all obligations and providing all deliverables and services required for successful implementation of this project, notwithstanding the fact that the selected Bidder/s may procure services of third party suppliers, to perform all or part of the obligations contained under this RFP.
4.52 Compliance with Statutory and Regulatory Provisions
i. Taxes and Duties The Vendor shall be entirely responsible for all applicable taxes, duties, levies/charges, license fees, road permits, etc. in connection with delivery of products at site including incidental services and commissioning.
ii. Income / Corporate Taxes in India:
The 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 shall include all such taxes in the contract price.
iii. 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 Vendor. 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 Vendor from his responsibility to pay any tax that may be levied in India on income and profits made by the Vendor in respect of this contract.
iv. Prices payable to the Vendor as stated in the Contract shall be firm and not subject to adjustment during performance of the Contract, irrespective of reasons whatsoever, including exchange rate fluctuations, any upward revision in Custom duty. The Bidder will pass on to the Bank, all fiscal benefits arising out of reductions, if any, in Government levies viz. custom duty or the benefit of discounts if any announced in respect of the cost of the items for which orders have been placed during that period
v. All expenses, stamp duty and other charges/ expenses in connection with the execution of the Agreement as a result of this RFP process shall be borne by the Vendor.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 47 of 191 4.53 Replacement of PBKs machines with recurring issues i. Bank will intimate the Vendor/s the locations with PBKs having recurring uptime issues (less than 90%) as observed over a period of a continuous period of any three months. ii. Vendor should replace such Make and Model of PBKs having inherent/ perennial problems with a new PBK within one month from the date of issuance of intimation/notice by the Bank. iii. If there is a delay in replacement of the aforesaid PBKs, viz. not replaced within the stipulated period of one month, Bank will withhold payment of monthly charges for such PBKs till they are replaced. However, Bank will continue to use those PBKs, so as not to inconvenience the customers.
4.54 Assignment
i. The contract /agreement shall not be assigned partially by the Vendor. However, the Contract /agreement can be assigned wholly by the Vendor only with prior written consent / permission from the Bank. The Bank reserves the right to deny permission for the assignment of the Contract sought by the Vendor.
ii. Service Provider shall not transfer or assign at any stage, during the currency of this agreement, any of its duties, responsibilities, obligations and benefits of this agreement to any third party without the prior written consent of the Bank, except where Service Provider assigns this agreement to an Affiliate or a Joint Venture or to any entity which acquires the entire or partial stock or assets of Service Provider. However, prior notice has to be given to the Bank in all such cases.
iii. Bank can transfer or assign any service or all services under this agreement at any stage to an Affiliate/ subsidiary/Joint Venture etc. during the currency of this agreement and inform to the vendors.
4.55 Additional PBK Requirement
Bank reserves the right to place order for additional 25% PBKs that is 750 PBKs in addition to 3000 PBKs at the contracted rates and terms and conditions with the selected Vendor/s upto end of contract period. The purchase orders for additional 25% PBKs will be distributed to the L1/L2 Vendors or L1 and L2 (the Vendors to whom the contract is awarded) in the same ratio as per original proportion.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 48 of 191 4.56 Other terms and conditions
“Gross Negligence” means any act or failure to act by a party which was in reckless disregard of or gross indifference to the obligation of the party under this Agreement and which causes injury, damage to life, personal safety, real property, harmful consequences to the other party, which such party knew, or would have known if it was acting as a reasonable person, would result from such act or failure to act for which such Party is legally liable. Notwithstanding the forgoing, Gross Negligence shall not include any action taken in good faith.
“Willful Misconduct” means any act or failure to act with an intentional disregard of any provision of this Agreement, which a party knew or should have known if it was acting as a reasonable person, which would result in injury, damage to life, personal safety, real property, harmful consequences to the other party, but shall not include any error of judgment or mistake made in good faith.
i. Limitation of Liability
The maximum aggregate liability of Service Provider, in respect of any claims, losses, costs or damages arising out of or in connection with this RFP/Agreement shall not exceed the total Project Cost.
The limitations set forth herein shall not apply with respect to:
a) claims that are the subject of indemnification pursuant to infringement of third party Intellectual Property Right; b) damage(s) occasioned by the Gross Negligence or Willful Misconduct of Service Provider, c) damage(s) occasioned by Service Provider for breach of Confidentiality Obligations, d) Regulatory or statutory fines imposed by a Government or Regulatory agency for non-compliance of statutory or regulatory guidelines applicable to the Bank, provided such guidelines were brought to the notice of Service Provider.
ii. Confidentiality
a) The Vendor will, at all times, maintain confidentiality of the Confidential Information and of this Agreement, Information of Bank including of the Bank’s Customer, any business , technical, financial information / data or any other information disclosed or accessible to the Vendor for this project whether at the time of disclosure, designated in writing as confidential or not.
b) The Vendor agrees to keep in confidence and not disclose to any third party and all Confidential Information available to the vendor and whether such information is given in writing or oral or visual, to indicate the claims of ownership and/or secrecy or otherwise. The Vendor
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 49 of 191 agrees that it shall not use, nor reproduce for use in any way, any Confidential Information of the Bank except to the extent required to fulfill its obligations under the Agreement. The Vendor agrees to protect the Confidential Information of the Bank with at least the same standard of care and procedures used by to protect its own Confidential Information of similar importance but at all times using at least a reasonable degree of care.
c) The Vendor shall also ensure that its officials/employees and if vendor is permitted by the Bank in writing to assign, delegate or hire another person to assist it in the performance of its obligations under this Agreement, such person also shall maintain the confidentiality of the Confidential Information in the same manner as the vendor bound to maintain the confidentiality.
d) The provisions of this Article shall survive notwithstanding the expiration or termination of this Agreement for any reason whatsoever.
e) The Vendor acknowledges that in the course of performing their obligations under this Agreement, the Vendor shall be exposed to or acquire Confidential Information of the Bank or its customers/clients. The Vendor understands and acknowledges that it will be given access to such Confidential Information solely as a consequence of and pursuant to this Agreement.
f) The RFP document is confidential and is not to be disclosed, reproduced, transmitted, or made available by the Recipient to any other person. The RFP document is provided to the Recipient on the basis of the undertaking of confidentiality given by the Recipient to Bank. Bank may update or revise the RFP document or any part of it. The Recipient accepts that any such revised or amended document will be subject to the same confidentiality undertaking. The Recipient will not disclose or discuss the contents of the RFP document with any officer, employee, consultant, director, agent, or other person associated or affiliated in any way with Bank or any of its customers or suppliers without the prior written consent of Bank. iii. Additional clause in relation to Indemnity, Limitation of Liability, Confidentiality
a) For breach of any obligation mentioned in this RFP, subject to obligations mentioned in clause of Indemnity, Limitation of Liability, Confidentiality in no event Service Provider shall be liable for damages to the Bank arising under or in connection with this Agreement for an amount exceeding the total Cost of the Project.
b) During the Term of this Project and, if applicable, during the Reverse Transition Period, Bank grants Vendor a right to use at no cost or charge the Software licensed to the Bank, solely for the purpose of providing the Services and same should be included in commercial bid.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 50 of 191 c) The Vendor shall be responsible for obtaining all necessary authorizations and consents from third party licensors of Software used by vendor in performing its obligations under this Project.
d) If a third party's claim endangers or disrupts the Bank's use of the Software, the Vendor shall at no further expense, charge, fees or costs to the Bank, (i) obtain a license so that the Bank may continue use of the Software in accordance with the terms of this Agreement and the license agreement; or (ii) modify the Software without affecting the functionality of the Software in any manner so as to avoid the infringement; or (iii) replace the Software with a compatible, functionally equivalent and non-infringing product iv. NON DISCLOSURE
a) By virtue of awarding the Contact to the selected Vendor and in the course of its performance, the Vendor may have access to the Confidential Information of the Bank and its Customers. The Vendor is aware that Confidential Information is valuable Information of the Bank and any disclosure of which would cause irreparable loss and damage to the Bank for which monetary compensation may not be adequate and accordingly the Vendor agrees and undertakes to hold the Confidential Information as confidential and shall not disclose the same including to any third party and the Vendor also agrees that its employees, agents, sub-contractors shall also maintain Confidentiality of the Confidential Information. The Vendor agrees that it shall neither use, nor reproduce for use in any way, any Confidential Information of the Bank. The Vendor agrees to protect the Confidential Information of the Bank with at least the same standard of care and procedures used by them to protect its own Confidential Information of similar importance. Without limitation of the foregoing, the Vendor shall advise the Bank immediately in the event that the Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement, the Vendor shall immediately seek injunctive relief against any such person, at the Vendors cost and expenses. If the Vendor hires another person to assist it in the performance of its obligations under the Contract, or assigns any portion of its rights or delegates any portion of its responsibilities or obligations under this Agreement to another person, it shall cause its assignee or delegatee to be bound by the confidentiality of the Confidential Information in the same manner as the Vendor is bound to maintain the confidentiality.
b) For the purpose of this clause “Confidential Information” shall mean all nonpublic information, of the Bank and its customers which is accessible by or is available to the Vendor directly or indirectly, whether in writing, oral, graphic, visual or any other tangible, intangible or electronic form including, without limitation, any and all information relating to the Bank's staff or its clients/customers (whether past, present, or future), financial data, financial results and projections, costs and prices, details of Banks employees and consultants (past, present
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 51 of 191 or prospective), technologies, technical and business strategies, business and marketing plans, marketing and sales techniques, pricing and other strategies, computer programs, software tools, source codes, object codes, protocols, product descriptions, development schedules, Software positioning, choices of Software names, trade secrets or know how, customer information and Intellectual Property Rights (defined later) as well as any such information not generally known to third parties or received from others.
v. Recipient Obligation to Inform Itself
The Recipient must apply its own care and conduct its own investigation and analysis regarding any information contained in the RFP document and the meaning and impact of that information.
vi. Evaluation of Offers
a) Each Recipient acknowledges and accepts that the Bank may, in its sole and absolute discretion, apply whatever criteria it deems appropriate in the selection of organisations, not limited to those selection criteria set out in this RFP document.
b) The issuance of RFP document is merely an invitation to offer and must not be construed as any agreement or contract or arrangement nor would it be construed as any investigation or review carried out by a Recipient. The Recipient unconditionally acknowledges by submitting its response to this RFP document that it has not relied on any idea, information, statement, representation, or warranty given in this RFP document.
vii. Errors and Omissions
Each Recipient should notify the Bank of any error, fault, omission, or discrepancy found in this RFP document but not later than five business days prior to the due date for lodgment of Response to RFP. viii. Acceptance of Terms
A Recipient will, by responding to the Bank’s RFP document, be deemed to have accepted the terms as stated in this RFP document.
ix. Information Provided
The RFP document contains statements derived from information that is believed to be 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 of India in relation to the provision of services. Neither Bank of India nor any of its employees, agents, contractors, or advisers gives any representation or warranty, express or implied as to the accuracy or completeness of any information or statement given or made in this RFP document. Neither Bank of India nor
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 52 of 191 any of its employees, agents, contractors, or advisers has carried out or will carry out an independent audit or verification or due diligence exercise in relation to the contents of any part of the RFP document.
The Bank reserves the right to verify any or all of the statements made by the Bidder in the tender document and to inspect the Bidder’s facility, if necessary, to establish to its satisfaction about the Bidder’s capacity/capabilities to perform the job.
x. Costs Borne by Respondents
All costs and expenses incurred by Recipients / Respondents in any way associated with the development, preparation, and submission of responses, including but not limited to attendance at meetings, discussions, demonstrations, etc. and providing any additional information required by Bank of India, will be borne entirely and exclusively by the Recipient / Respondent. xi. Cancellation of contract and compensation:
The Bank reserves the right to cancel the contract of the selected Bidder and recover expenditure incurred by the Bank on the following circumstances.
a) The selected Bidder commits a breach of any of the terms and conditions of the tender/contract.
b) The selected Bidder becomes insolvent or goes into liquidation voluntarily or otherwise.
c) The progress regarding execution of the contract, made by the selected Bidder is found to be unsatisfactory.
d) If the delivery of PBKs is delayed by more than two weeks from the due date of delivery / If deductions on account of liquidated Damages exceeds more than 5% of the total contract value.
e) If the selected Bidder fails to complete the due performance of the contract in accordance with the agreed terms and conditions.
f) An attachment is levied or continues to be levied for a period of 7 days upon effects of the tender.
g) Bidder failing to execute the contract document.
xii. Delay in Vendor’s Performance
a) Delivery installation, commissioning of the Products/Solution and performance of Services shall be made by the Vendor within the timelines as stipulated in RFP.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 53 of 191
b) If at any time during performance of the Contract, the Vendor should encounter conditions impeding timely delivery of the Products and performance of Services, the Vendor shall promptly notify the Bank in writing of the fact of the delay, it’s likely duration and cause(s). As soon as practicable after receipt of the Vendor’s notice, the Bank shall evaluate the situation and may, at its discretion, extend the Vendors’ time for performance, in which case, the extension shall be ratified by the parties by amendment of the Contract.
c) Any delay in performing the obligation/ defect in performance by the supplier may result in imposition of penalty, liquidated damages, invocation of Performance Bank Guarantee and/or termination of contract (as laid down elsewhere in this RFP document). xiii. No Legal Relationship
No binding legal relationship will exist between any of the Recipients / Respondents and Bank of India until execution of a contractual agreement. xiv. Disqualification:
Any form of canvassing/lobbying/influence/query regarding short listing, status etc. will be a disqualification.
xv. Patent Rights/Intellectual Property Rights
In the event of any claim asserted by a third party of infringement of trademark, trade names, copy right, patent, intellectual property rights or industrial design rights arising from the use of the products supplied by the BIDDER or any part thereof in India, the BIDDER shall act expeditiously to extinguish such claim. If the BIDDER fails to comply and the BANK is required to pay compensation to a third party resulting from such infringement, the BIDDER shall be responsible for the compensation including all expenses, court costs and lawyer fees. The BANK will give notice to the BIDDER of such claim, if it is made, without delay. xvi. Compliance with law
a) The Vendor shall undertake to observe, adhere to, abide by, comply with and notify the Bank about all laws in force or as are or as made applicable in future, pertaining to or applicable to them, their business, their employees or their obligations towards them and all purposes of this contract and shall indemnify, keep indemnified, hold harmless, defend and protect the Bank and its employees/officers/staff/ personnel/representatives/agents from any failure or omission on its part to do so and against all claims or demands of liability and all consequences that may occur or arise for any default or failure on its part to conform or comply with the above and all other statutory obligations arising there from.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 54 of 191 b) Further the Vendor shall promptly and timely obtain all such consents, permissions, approvals, licenses, etc., as may be necessary or required for any of the purposes of this project or for the conduct of their own business under any applicable Law, Government Regulation/Guidelines and shall keep the same valid and in force during the term of the project, and in the event of any failure or omission to do so, shall indemnify, keep indemnified, hold harmless, defend, protect and fully compensate the Bank and its employees/ officers/ staff/ personnel/ representatives/agents from and against all claims or demands of liability and all consequences that may occur or arise for any default or failure on its part to conform or comply with the above and all other statutory obligations arising there from and the Bank will give notice of any such claim or demand of liability within reasonable time to the Vendor.
c) The Vendor is not absolved from its responsibility of complying with the statutory obligations as specified above. Indemnity would not be limited to court awarded damages and shall include indirect, consequential and incidental damages. Indemnity would cover damages, loss or liabilities suffered by the Bank arising out of claims made by its customers and/or regulatory authorities.
xvii. Violation of Terms
Bank shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the Vendor from committing any violation or enforce the performance of the covenants, obligations and representations contained in the Contract/RFP. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Bank may have at law or in equity, including without limitation a right for recovery of the amounts due under this contract and related costs and a right for damages. xviii. Publicity:
The Bidder shall not advertise or publicly announce that he is undertaking work for Bank of India without written consent of Bank of India. In case of non-compliance of this clause the Bidder will be debarred for participating any future tender / contract for a period of three years.
xix. Variation:
Bank of India may at any time during the contract require the Bidder to revise the Deliverables, Equipment, Services or Supplies including Completion Date. In an event of such nature, Bank of India will request the Bidder to state in writing the effect such variation will have on the work schedule. The Bidder shall furnish these details, in writing, in two weeks from the receipt of such request.
xx. Conflict of Interest
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 55 of 191 Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the bidding process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Bank shall be entitled to forfeit and appropriate the Bid Security and/or Performance Security (Performance Bank Guarantee), as the case may be, as mutually agreed upon genuine estimated loss and damage likely to be suffered and incurred by the Bank and not by way of penalty for, inter alia, the time, cost and effort of the Bank, including consideration of such Bidder’s proposal (the “Damages”), without prejudice to any other right or remedy that may be available to the Bank under the bidding documents and/ or the Concession Agreement or otherwise. Without limiting the generality of the above, a Bidder shall be deemed to have a Conflict of Interest affecting the bidding process, if: a) the Bidder, its Member or Associate (or any constituent thereof) and any other Bidder, its Member or any Associate thereof (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding of a Bidder, its Member or an Associate thereof (or any shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up and subscribed share capital of such Bidder, Member or Associate, as the case may be) in the other Bidder, its Member or Associate, has less than 5% (five per cent) of the subscribed and paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in section 4A of the Companies Act, 1956. For the purposes of this Clause, indirect shareholding held through one or more intermediate persons shall be computed as follows:
Where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and subject always to sub-clause (i) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this sub-clause if the shareholding of such person in the intermediary is less than 26% of the subscribed and paid up equity shareholding of such intermediary; or b) A constituent of such Bidder is also a constituent of another Bidder;or c) Such Bidder, its Member or any Associate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Bidder, its Member or Associate, or has provided any such subsidy, grant, concessional loan or
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 56 of 191 subordinated debt to any other Bidder, its Member or any Associate thereof; or
d) Such Bidder has the same legal representative for purposes of this Bid as any other Bidder; or
e) Such Bidder, or any Associate thereof, has a relationship with another Bidder, or any Associate thereof, directly or through common third party/ parties, that puts either or both of them in a position to have access to each other’s information about, or to influence the Bid of either or each other; or
f) Such Bidder or any of its affiliates thereof has participated as a consultant to the Bank in the preparation of any documents, design or technical specifications of the Project. xxi. Fraud & Corrupt Practice
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 an Application 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.
a. 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 EOI/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.
b. For the purposes of this Clause , the following terms shall have the meaning hereinafter, respectively assigned to them:
a) “corrupt practice” means
1. 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
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 57 of 191 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
2. 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;
b) “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
(c) “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
(d) “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
(e) “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.
4.57 COMPLIANCE WITH IS SECURITY POLICY:
The Vendor shall have to comply with Bank’s IT & IS Security policy in key concern areas relevant to the RFP, details of which will be shared with the finally selected Bidder/s. Some of the key areas are as under:
i Responsibilities for data and application privacy and confidentiality
ii Responsibilities on system and software access control and administration
iii Custodial responsibilities for data, software, hardware and other assets of the Bank being managed by or assigned to the Vendor
iv Physical Security of the facilities
v Physical and logical separation from other customers of the Vendor
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 58 of 191 vi Incident response and reporting procedures vii Password Policy of the Bank viii Data Encryption/Protection requirements of the Bank. ix In general, confidentiality, integrity and availability must be ensured. x Compliance with Information Security Department’s Secure Configuration Document (SCD). xi Vendor has to ensure that Passbook Kiosks are NAC compatible. xii Data at rest and data in transit are to be encrypted or decrypted as per the approach as suggested by Bank. xiii Data integrity to be ensured using hashing like SHA 2 (minimum 256 bits). xiv Kiosk should support Anti-virus/Deep Security with centralized management. xv Vendor has to ensure that bare essential minimum ports required for the functioning of the kiosk to be available. External devices like CD-ROM or Pen drive or any other device shall not be connected. All the USB ports shall be disabled for removable and bootable storage access. No Mass Storage/Memory devices should be accessible through USB. xvi Vendor should follow the documented process and policy for installing software provided by the Bank. In addition to this, installation of new software should be restricted to users with Admin rights (Bank Officials) only. xvii Vendor should ensure to provide kiosks which are compatible with Bank's AD policy for Windows. In case of Linux OS based kiosks, vendor should integrate the kiosk with LDAP whenever implemented by the Bank. xviii The device should have certificate based authentication and each device should be separately identifiable through a unique device ID which will be used for authentication purpose. This is a certificate based client authentication. The server may require the Kiosk application to submit a client certificate for authentication. Upon receiving the certificate, the server would then use it to identify the certificate's source and determine whether the client should be allowed access. xix Vendor has to ensure that secured channel/ports is used for communication. xx Hard Disk encryption suggested by Bank to be provided and implemented by the Vendor.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 59 of 191 xxi The vendor (Selected Bidder) has to provide one Kiosk with all the security features for UAT testing / IS Clearance at Bank’s BKC office and the final rollout will be permitted after successful testing and closure of all security observations. xxii Vendor will adhere to BOI Information Security requirements including regular reviews, change management, port management, patch management, backup management, access management, log management etc. xxiii Vendor gives right for recalling data by the bank as and when required by the bank. xxiv Vendor agrees to comply with Regulatory and Statutory compliances at vendor site especially section 43A of IT Act 2000. xxv Vendor agrees not to share data with any third party without explicit written permission from competent Information Owner of the Bank including the Law Enforcement Agencies. xxvi PBK Servers and PBK should be integrated with Bank’s AD Server, Anti- virus System, Application whitelisting, DL,NAC and EDR System. xxvii PBK Servers should be integrated with Bank’s SIEM, DAM, PIM, etc. Security Systems. xxviii Patching should be carried out on monthly basis and on immediate basis, in Critical/High Severity Patch. Monthly patch report need to be submitted by the Bidder to the Bank. xxix VAPT, SCD, RBI Audit, Risk Assessment and Internal Audit Observations should be complied by the Bidder without any cost to the Bank. xxx Proper Logs should be maintained by the Bidder for Server, Application and database and any other components which are supplied under this RFP by the Bidder. xxxi All communications should be encrypted during transit, at rest and during processing as per best industry security standards with robust key management for the supplied solution for its interfaces with Bank’s Existing systems. xxxii All OS and DB Systems should be hardened as per Bank’s Security Configuration Document (SCD). The SCD should be implemented by the Bidder for the all supplied systems. For application, SCD will be provided by the OEM and implemented by the Bidder. xxxiii Software Integrity Certificate should be provided by the OEM as per Annexure-J.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 60 of 191 PART 5
BROAD SCOPE OF WORK FOR SERVICES AND DELIVERABLES
5.1 The Bidder should provide Bar Code based Passbook printing Kiosk Solution, including but not limited to providing of the required Hardware, Softwares, Databases, Middlewares, Third Party Utilities, if any, and installation, testing, commissioning, warranty, annual maintenance, required/guaranteed uptime, etc. The system will have to be integrated with the existing Core Banking System of the Bank and also when the CBS is migrated to another version without any cost implication for the bank. In this direction, successful bidder will liaison and implement necessary configuration with the network and other hardware vendors of the Bank.
5.2 The Kiosk should be compact, sleek and edgeless and should have the mobility of plug and play.
5.3 The Bar Code printing solution should be such that it should be capable of being ported at a centralized location, and accessible from any of our branches, for printing of bar codes on the passbook.
5.4 The vendor will have to provide the necessary interface to all the application software’s being run at branches, wherever required by the Bank.
5.5 The bidder will have to buy-back the existing passbook printing kiosk as per the bank requirement. The bidder will have to pay as per Reverse auction (excluding taxes) for each kiosks. The buy-back payments may be adjusted against the total invoices payable for Barcode based Passbook Printing Kiosks. The bidder will have to arrange and bear the pick-up cost, logistics cost from the kiosk location. The bidder cannot refuse to pick up any of the kiosk. These kiosks are to be bought back by the selected bidder on ‘as is where is’ basis. These kiosks may be located at the locations other than the locations where Barcode based passbook printer kiosks are to be delivered. Bidder has to arrange for the pick-up within 60 days of the order given by the bank. The bidder will have to delete the applications installed in the kiosks before de-installation of the machine and will provide certificate in this regard.
5.6 PBK should be compatible to print, all the barcoded passbook which are already in use. Provided solution should work for all types of passbooks.
5.7 Bidder should handhold or provide necessary support in terms of interfacing with Finacle i.e. customization in the system for interfacing with PBK solution.
5.8 Bank can also procure Passbook printing kiosk for its Regional Rural Banks (RRB) at the same cost and on the same terms and Conditions. 5.9 Bank proposes to procure 3000 (Three Thousand only) Barcode based Passbook Printing Kiosks to be installed pan India onsite/ offsite locations as per bank’s requirement on standalone model.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 61 of 191 5.10 The bank will have with an option of procurement of additional quantity up to 25% of 3000 i.e.,750 additional kiosks on its sole discretion, if needed.
5.11 Development, deployment and maintenance of Software Solution with enterprise-wide license for printing of Passbook transactions / Barcode stickers. The software needs to be integrated with existing core banking system of the Bank through middleware.
5.12 To provide all necessary hardware and software required to make the solution work strictly as per technical specifications. The specifications given are minimum. Bidders can quote equivalent or higher technical specifications to meet the Bank’s requirements. Extra marks will be awarded in technical evaluation for higher configurations.
5.13 The bidder will have to provide the necessary interface to all the application software being run at kiosks, wherever required by the Bank.
5.14 The bidder/s will be responsible for integration with CBS through Middleware.
5.15 The system should be capable of centrally pushing the Bank's advertisements, application updates to all the Kiosks, pushing patches to kiosks in bulk
5.16 One resource per 1500 Kiosks and one L2 resource per 3000 Kiosks should be provided by bidder to manage Remote Monitoring Management System (RMMS), Interface server, MIS, Call complaints/monitoring etc., faster resolution of issues at no extra cost to the Bank. It is assumed that one resource can handle a maximum of 1500 Kiosks and one L2 resource can handle a maximum of 3000 Kiosks. In addition to L1 and L2 resources the following will also be provided by the bidder:
i. 1 DBA: For maintaining DB servers for Remote monitoring application & Kiosk application and ad-hoc reports (Suitable resource with 3+ years of experience) ii. 1 System Administrator: For maintenance of Servers, closure of VA & Audit observations (Suitable resource with 5+ years of experience)
As soon as the ordered quantity surpasses 1500 /3000 or a multiple thereof, extra resources will be provided by the vendor. Vendor is liable for a penalty of Rs 1,000 per day per resource on unavailability of the resource. L2 resource will be selected by bank from the list provided by the bidder. This support is required for contract period of 5 years. The resources will be at the disposal of the Bank. Bidder support Staff should have proper identity verification including Police verification.
5.17 The bidder will have to provide and deploy the necessary functionality for printing narration of entries in Hindi language, at no extra cost, so that the customers are able to print their transactions in Hindi language also. The translation to Hindi language will be provided by the Bank.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 62 of 191 5.18 Bidder will have to develop monitoring tool (RMMS) for component wise monitoring of kiosks including monitoring of ribbon ink and for auto call logging of non-functional kiosks (including ribbon replacement alert) indicating the exact error for non-operational, at no extra cost.
5.19 Bidder will have to integrate their RMMS with the Health Monitoring dashboard of the Bank, at no extra cost. Integration of existing PBKs with the newly procured PBK software solution for monitoring purpose also to be done at no extra cost.
5.20 The bidder will be responsible for complying with the security policies of bank (both kiosk and server end) at no extra cost.
5.21 Full RMMS support including but not limited to applying SCD on servers, maintenance of servers, VA/PT and bug fixing, back up and restoration of databases at no extra cost.
5.22 Source code (both kiosks and RMMS) to be certified by a certification agency or Bank empaneled CISA Certified Auditors, to be free of defects and malware/virus, as and when required by the bank at no additional cost.
5.23 Bidder has to comply with all the guidelines related to PB printing kiosks (software & hardware) and mandated by Central/ State Govt. bodies, RBI etc. during the course of contract period at no extra cost to bank.
5.24 The successful Bidder shall have to enter into “Service Levels Agreement” having all terms and conditions of this RFP to maintain uptime and provide the service support and onsite support during the entire contract period.
5.25 Any technical glitch/ issue in installed infrastructure of the solution (i.e. System and software, OS/DB etc.) should be attended on priority and should be covered under warranty/AMC.
5.26 The issue/ break down message may be communicated to the Bank team by way of alert email/ over phone / email/ call logging.
5.27 Definition of terms used in this section is as follows:
a. “Downtime” shall mean the time period for which the specified services / components with specified technical and service standards are not available to Bank and excludes the scheduled outages planned in advance and the bandwidth link failures within SLA limits agreed with network service providers.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 63 of 191 b. “Incident” refers to any event / abnormalities in the functioning of the equipment / specified services that may lead to deterioration, disruption in normal operations of Banks services.
c. “Resolution Time” shall mean the time taken in resolving (diagnosing, trouble shooting and fixing) an incident after it has been reported to the selected bidder through verbal/email/phone/SMS/other electronic form. The resolution time shall vary based on the category of the incident reported at the service desk.
d. "Scheduled operation time" means the scheduled operating hours of the System for the month. All planned downtime on the system would be deducted from the total operation time for the month to give the scheduled operation time.
e. "System downtime" subject to the SLA, means accumulated time during which the System is not available to the Bank‘s users or customers due to in-scope system or infrastructure failure, and measured from the time the Bank and/or its customers log a call with the Bidder of the failure or the failure is known to the Bidder from the availability measurement tools to the time when the System is returned to proper operation. Any denial of service to the Bank users and Bank customers would also account as “System downtime”
5.28 The business hours are 09.00 A.M. to 06:00 P.M. on any working day.
5.29 Typical Resolution time will be applicable if systems are not available to the Bank‘s users and customers and there is a denial of service.
5.30 For penalty calculation, the total time elapsed between the intimation of break down message from Bank side to the vendor and receipt of rectification message from the Bidder to Bank side will be considered.
5.31 During the warranty period, the penalty will be deducted in quarterly FMS payment. In case, Bank is unable to adjust penalty in FMS payment, the Bank at its discretion may invoke the Performance Bank Guarantee (PBG) to deduct the penalty amount.
5.32 Post warranty period, the penalty will be deducted in quarterly FMS/AMC/ATS payment. In case, the Bank is unable to adjust penalty in FMS/AMC/ATS payment, the Bank at its discretion may invoke the Performance Bank Guarantee (PBG) to deduct the penalty amount.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 64 of 191 5.33 If the support services is not provided and/or satisfactory services are not provided, the Bank with its discretion may reject the proposal / terminate the contract, without assigning any reason.
5.34 For calculation of uptime (penalty), planned/ scheduled down time will be exempted. Bank will pay the Bidder after deducting the calculated penalty from the payable amount.
5.35 If any critical component of the entire configuration setup is out of service, then the Bidder & OEM shall either immediately replace the defective unit (with new one) or replace it at its own cost or provide a standby, on immediate basis, not more than 4 hours, the Bidder should maintain proper inventory of standby components for early resolution of issues.
5.36 If the Bidder, having been notified, fails to remedy the defect(s) within the 2 hours’ time duration from the incident, the Bank may proceed to take such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights, which the Bank may have against the supplier under the Contract.
5.37 The Bidder should comply with the security and audit standards of the Bank and various regulatory guidelines. For this, the Bidder should apply new patches related to OS/ firmware & BIOS updates etc. without any additional cost to the bank, during the contract period.
5.38 For all issues related to installed infrastructure/ Software, RCA (Root Cause Analysis) to be provided by the respective OEM within 2 working days. The delay in submission will lead to penalty @ Rs. 500/day.
5.39 Replacement/ Repair of faulty part of provided Solution, Appliance and all other components- All defective parts/ faulty shall be replaced as part of maintenance at no additional cost by the Bidder. Replacement parts shall be new part from the same manufacturer(s) (OEM). Whether a defective item or component is to be replaced or repaired shall be at the sole discretion of the bank. In the case of a part, the defective part removed from the system will become the property of the selected Bidder.
5.40 Response Time: Maximum Response Time for Remedial Maintenance under the CONTRACT is measured in elapsed coverage hours from the time a service request is received to the time THE VENDOR’s customer engineer arrives at Bank Site.
i. RPO and RTO – The RPO and RTO service levels will be measured by using Automated Recovery Management Tool , SI to ensure the measuring is done as per SLA and the reports are provided on a monthly basis.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 65 of 191 RPO=A recovery point objective (RPO) is the maximum acceptable amount of data loss measured in time.
RTO=The minimum estimated time required to resume normal operations after a disaster, known as the recovery time objective (RTO).
At present Recovery Point Objective (RPO) is Zero and Recovery Time Objective (RTO) is 60 minutes, subject to change as per Bank’s BCP Policy.
ii. Integration with all IT/ Security Solutions procured by the Bank as per RBI Guidelines time to time; along with integration with any solutions / product / application without any additional cost to the bank.
iii. Integration with all of the Banks interfaces at no extra cost to the Bank.
5.41 Passbook Kiosk placed at E-galleries/ATM lobby/Offsite locations are required to be grouted during installation. Grouting consist of Putting in Anchor fasteners - min. 6” long anchor fasteners, preferably of Fischer make. Applying resin adhesive (Araldite) over the finished bolt positions for improved bonding & repairing broke tiles, if any.
5.42 Future regulatory compliances during the contract period will be complied/implemented by the successful bidder without any additional cost to the Bank.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 66 of 191 PART 6
TECHNICAL & FUNCTIONAL SPECIFICATIONS (TFS) Technical and Functional Specifications of Passbook Kiosk (To be included in the Technical Bids duly completed, and with comments)
IMPORTANT Note:
1. The Bidder should mention in seriatim, whether all the features as mentioned are:
A – Readily Available
C – Customizable, free of cost, in the current version itself, before acceptance of the software by the Bank.
N – Not available /Cannot be made available.
2. The Bidder should also mention in seriatim comments, if any, for all the features. If there is no comment; it would be construed that the feature/requirement will be made available without any deviation thereto.
3. Weightage will be given on the above A, C, N items for the purpose of evaluation as the Bank may deem fit.
Hardware Feature Validation Marks Comments Criteria (A=5) (fill any (C=2) one of (N=0) A/C/N) 1 Monitor 1.1 Factory Fitted Touch Monitor with IP 65 rating ( Dust Tight and protected against water projected from a nozzle )
1.2 Size:17” minimum
1.3 Type: Capacitive/SAW
1.4 Brightness: 1000 Nits
1.5 Material :Pure Glass
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 67 of 191 1.6 Touch-Screen Resolution: 4096 touch points per axis within the calibrated area or higher.
1.7 Antiglare Surface : 6:1 minimum
1.8 Light Transmission :>90%
1.9 Accuracy: Less than +1% error within the active area.
1.10 Response time : < 16 ms
1.11 Endurance: Scratch resistant (must withstand more than 50,000,000 touches in one location without failure)
1.12 Impact Resistant :meets GB9633- 1988 and UL-60950-1 steel ball test or equivalent
1.13 Operating Temperature : from -16° C upto 60° C
1.14 Motion detector sensor to close Screen Saver/Advertisement and show printing selection screen upon customers’ arrival.
2 CPU 2.1 Intel based system- Intel i3, 7th generation(minimum) or above, 3.4 GHz or above
2.2 3 MB Cache or above, 8 GB DDR3 RAM, 1X500 GB HDD (seagate/samsung or equivalent), Gigabit Network Interface, min 4 USB, 2x Serial and 1x Parallel Ports for connection of the required peripherals, 1 HDMI port, 1x VGA, 10/100 mbps Ethernet card and audio port, Inbuilt SMPS to work on 230V 50 MHz power supply or external adapter ROHS certified, Mouse and Keyboard (Standard OEMs), OS hardening (with Firewall)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 68 of 191
3 Passbook Printer 3.1 Passbook printer with integrated barcode scanner including the required serial/parallel/USB ports to meet RFP requirement. It should not be an inbuilt or fabricated scanner. The make of Passbook Printer and Barcode scanner should be same. The high resolution embedded bar code scanner should be able to scan all barcodes with resolution >600 dpi. 3.2 Any change in passbook design /printing format in future should be supported
3.3 Font size of passbook to be printed is Arial 10 or as per the directions of regulatory authority/RBI/Bank from time to time
3.4 Print speeds up to 480 cps or higher
3.5 Print Head Life of minimum 400 million characters
3.6 Method 24 pin, impact dot matrix
3.7 Print direction: Bi-direction with logic seeking
3.8 Standard Integrated Passbook Printers include brands like Olivetti / Epson etc. with capacity of at least 2.5 mm.
4 Operating System 4.1 The Operating System on kiosk should be GUI based (TCP/IP enabled) and supported by OS provider
4.2 OS should be Windows 10 IOT enterprise 2019 LTSC, 64-bit) /Linux, capable of multitasking real
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 69 of 191 time operations with original licenses
4.3 OS should be hardened to allow only few applications to run on kiosk ( provided by bank) and restrict all other applications
4.4 Kiosk mode to be available with minimum administrative rights
5 Kiosk 5.1 Keyboard and mouse for maintenance purposes and the same are to be placed inside the kiosks or as decided by the Bank
5.2 Mounting Type: Floor Mounted
5.3 Mobility: Plug and Play
5.4 Wake on LAN, Audio line out, Line in, Speaker (external)
5.5 Sheet Metal: IS513 Draw material or equivalent to 1.6 mm
5.6 Powder coated
5.7 Provision to bolt the kiosk to floor (Mandatory)
5.8 Strong mechanical key lock
5.9 Enclosure should be IP65 certified ( certificate to be provided)
5.10 All devices must be optimally located and secured, with easy serviceability.
5.11 The cabinet must house all the components of the terminal / kiosk and must be ergonomically designed and of compact design and colour as per make & model approved by Bank.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 70 of 191 6 Network 6.1 Should be able to connect to any type of network switch. Bank will provide LAN port (RJ45).
7 Power 7.1 Support input voltage of 230 V AC/ 50 Hz +- 5% variation. Bank will provide power point.
Software 8 Application 8.1 Desired Work Flow : Pass Book Printing Kiosk terminal (Thick client/ Web based*) -> Middleware -> Core Banking -> Middleware -> Pass Book Printing Kiosk terminal (Thick client/ Web based*) (*Web based Passbook Printing Kiosk Application (Kiosk/restricted mode) compatible with latest version of browser (IE/Edge/Chrome) with URL whitelisting to be preferred) 8.2 Will be a communication tool and will maintain log for all transactions between Pass Book Printing kiosk and Core Banking.
8.3 Capable of remotely managing the kiosk transactions and automatic pulling logs of all kiosks from OS/ App level on daily basis
8.4 Component level health monitoring like Printer
8.5 Centralized solution to check the patches of OS installed and configuration of Kiosks ( like Mac ID, IP address)
8.6 Should be able to take Remote Console through RMS Application by just providing IP address to: perform OS Patching, Edit Group policy /Registry and other activities
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 71 of 191 8.7 Auto restart the Kiosk in case of power interruption/failure
8.8 Active Directory and Anti-Virus installation for Kiosk.
8.9 Schedule automatic startup and shut down remotely
8.10 Motion detector to close Screen Saver and show printing screen upon customers arrival
8.11 Remote loading of Patch as and when needed like anti-virus updates
8.12 Web based application with admin, supervisor rights.
8.13 Encryption at network communication level
8.14 Encryption in Barcoding Switch to preventive maintenance mode when preventive maintenance is being done which will be captured and monitored through Health Dashboard
8.15 Comply with security guidelines specified by BOI (as and when updated). Payload request may be encrypted as per the algorithm and format specified by BOI.
9 RMMS 9.1 Multi - Level Categorization /Grouping of Kiosks in RMMS (Zone wise, Centre wise, State wise)
9.2 Auto Call logging based on Terminal Status with accurate error description outside the scheduled downtime hours
9.3 Dashboard/ MIS Reports based on requirement
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 72 of 191
9.4 Should be able to take Remote Console through RMMS Application based on IP address.
9.5 Central monitoring the Domain info, AV Signatures, network information, Hard disk status and OS & Application Patches
9.6 Grouping /Customization of reports as per the requirement of BOI.
10 Display Message 10.1 Display of messages/instructions to the customers in multilingual capability i.e. Hindi, English and any one regional language (to be decided by Bank). Display of Low ink in printer and replace of ribbon on the screen. Total of 13 regional languages support required
10.2 Compatible with ISO 8583-1993 version
11 Voice Guidance 11.1 Voice enabled kiosks should support Hindi, English and any one regional language (to be decided by Bank). Voice message of replacing ribbon in case of low ink in printer. Total of 13 regional languages support required.
11.2 Voice clarity should be uniform across all kiosks
11.3 Multimedia Speakers : Logitech Z110 (2 Channel), Creative SBS A 35, Zebronics Harmony S320 equivalent or higher brands
12 FLM 12.1 Only qualified maintenance personnel familiar with the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 73 of 191 equipment shall perform all repairs and maintenance services 12.2 Supply and replenish Original PB printer ribbons
12.3 Input and Output Voltage of UPS should be checked
12.4 Input and Output Current of UPS should be checked
12.5 Input frequency of UPS should be checked
13 Site Implementation Services 13.1 Qualified engineers for grouting and de-grouting kiosks
13.2 Vendor shall update Bank’s project Manager, through email/written communication, about the incidences related to the site held up for reasons not attributable to Vendor such as non-availability of site power/landlord permissions/permissions from statutory authorities.
13.3 Vendor shall ensure that power points and connectivity points are not accessible to the public.
14 Helpdesk 14.1 Dedicated Call center for incident management and providing support to branches for resolution of complaints
15 Information Security 15.1 Comply with security guidelines specified in Annexure – G ( Bidder to submit compliance certificate in line with Annexure G on their letter head)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 74 of 191 Evaluation Sheet
Sr. No. Parameters Total Marks Marks Allotted Compliance of Technical 1 Specifications – Part 6 135
2 Kiosk Design 10
3 Innovations 10
4 Site visit and Customer feedback 50 Bidder’s experience in Bar Code based Passbook printing Kiosks 5 (More than 5000 installation = 10 10 Marks, less than 5000 installation = 5, less than 2000 = 1)
TOTAL 215
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 75 of 191
Part 7: Project Plan, Delivery and Schedule:
All the installations shall be completed within four months from the date of acceptance of Purchase Order.
Bank shall advise the priority list if any, which shall be complied with
The delivery locations as per Annexure D and Annexure E of this document are indicative, however the delivery locations shall be Pan India.
7.1 Delivery, Installation, Commissioning & Documentation:
i. The Vendor shall provide such packing of the products as is required to prevent its damage or deterioration during transit thereof to the location given by the Bank. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperature, salt and precipitation during transit and open storage. Size and weight of packing cases shall take into consideration, where appropriate, the remoteness of the Products final destination and the absence of heavy handling facilities at all transit points.
ii. Delivery, installation and commissioning of the equipment shall be made by the Vendor in accordance with the system approved / ordered and within the time schedule given in the Scope of work given in PART 5 of this document.
iii. The delivery will be deemed complete when the equipment’s/ components/ associated software/firmware are received in good working condition at the designated locations, mentioned in this RFP.
iv. The installation will be deemed to be completed, when the product including all the hardware, accessories/components, firmware/system software, and other associated software have been supplied, installed and operationalised as per the technical specifications and all the features as per the technical specifications are demonstrated and implemented as required, on the systems, to the satisfaction of the Bank. The Bidder has to resolve any problem faced during installation and operationalization.
v. In addition, vendor will supply all associated documentation relating to the products/hardware, system software/firmware, etc. The product(s) are considered accepted (commissioned and operationalized) after signing the Acceptance Test Plan (ATP) document jointly by the representative of the Bank and the engineer from the vendor on the lines of format/certificate on the lines of Format 8.19 of this RFP. The component level checking for individual item may be included during the acceptance test. The ‘Acceptance Test Plan’ document shall be deemed to form a part of the Agreement, to be signed between the vendor and the BOI. On the evaluation of the Acceptance Test results, if required, in view of the performance of the products/services (including hardware equipments/ components/ software), as observed during the Acceptance Test, the Bidder shall take remedial measures including upgradation of any of the components thereunder, including replacement
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 76 of 191 thereof, at no additional cost to the Bank within a fortnight from the date of notification of the same to the vendor. The vendor should ensure that the product meets the requirements of the Bank as envisaged in the RFP. vi. The details of the documents to be furnished by the Vendor are specified hereunder:-
a) 2 copies of Vendor’s Invoice showing contract number, products description, quantity, unit price and total amount. b) Delivery Note or acknowledgement of receipt of products from the Consignee or in case of products from abroad, original and two copies of the negotiable clean Airway Bill. c) 2 copies of packing list identifying contents of each of the package. d) Insurance Certificate. e) Manufacturer’s / Vendor’s warranty certificate f) Further to this, the successful bidder shall provide soft copy all the installation report, invoices, delivery note and acknowledgement of products from consignee to Head office and zonal office concerned. vii. The documents (a – e) as mentioned in Point vi. Above, shall be received by the Bank before arrival of products (except where it is handed over to the Consignee with all documents). If these documents are not received, the Vendor will be responsible for any consequent expenses. viii. Penalties as specified in Annexure-H will be applicable for the any kind of default in delay in delivery, installation/commissioning/support etc. expected in scope of work which will be deducted at the time of making payment(s). ix. In addition to the penalty on delayed supplies, Bank also reserves the right to cancel the Purchase Order and forfeit the EMD. In the event of such cancellation, the vendor is not entitled to any compensation, whatsoever.
x. For the System & other Software/firmware required with the hardware ordered for, the following will apply:-
a) The vendor shall supply standard software/firmware package published by third parties in or out of India in their original publisher- packed status only, and should have procured the same either directly from the publishers or from the publisher's sole authorized representatives only.
b) The Vendor shall provide complete and legal documentation of all sub systems, licensed operating systems, licensed system software/firmware, licensed utility software and other licensed software. The Vendor shall also provide licensed software for all software/firmware whether developed by them or acquired from others.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 77 of 191 c) In case the Vendor is providing software/firmware which is not its proprietary software then the Vendor must submit evidence in the form of agreement he has entered into with the software/firmware vendor which includes support from the software/firmware vendor for the proposed software for the entire period required by the Bank.
d) The ownership of the software license shall be that of the Bank from the date of delivery of the same. In other words, wherever the ownership of the licenses is indicated, the name “Bank of India” must appear to indicate that the Bank is the perpetual owner of the software/license. Evidence to this effect must be submitted before the payment can be released.
7.2 SERVICES:
i. All professional services necessary to successfully implement the proposed ‘product/solution/services’ will be part of the RFP/contract. These services include, but are not limited to, Project Management, Training, Deployment methodologies etc.,
ii. The Bidder should also submit as part of technical Bid an overview of Project Management approach of the proposed product.
iii. Bidder should ensure that vendor’s key personnel with relevant skill-sets are available to the Bank.
iv. Bidder should ensure that the quality of methodologies for delivering the products and services, adhere to quality standards/timelines stipulated therefor.
v. Bidder shall be willing to transfer skills to relevant personnel from the Bank, by means of training and documentation.
vi. Bidder shall provide and implement patches/ upgrades/ updates for products (Software/ Firmware/ OS) as and when released by the Vendor/ OEM or as per requirements of the Bank. Bidder should bring to notice of the Bank all releases/ version changes.
vii. Bidder shall obtain a written permission from the Bank before applying any of the patches/ upgrades/ updates. Bidder has to support older versions of the OS/firmware/Middleware etc in case the Bank chooses not to upgrade to latest version.
viii. Bidder shall provide maintenance support for Hardware/ Software/ Operating System/ Middleware over the entire period of contract.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 78 of 191 ix. All product updates, upgrades & patches shall be provided by the Bidder/ Vendor free of cost during warranty and AMC/ ATS.
x. Bidder shall provide legally valid firmware/software solution. The detailed information on license count and type of license should also be provided to the Bank.
xi. The ownership of the software/firmware license and the hardware shall be that of the Bank from the date of delivery of the same to the Bank. In other words, wherever the ownership of the licenses/hardware is indicated, the name “Bank of India” must appear to indicate that the Bank is the perpetual owner of the hardware/operating software/firmware, etc. associated with the hardware. Evidence in this regard must be submitted before the payment is released.
xii. The Bidder shall keep the Bank explicitly informed the end of support dates on related products/hardware/firmware and should ensure support during warranty and AMC/ATS.
7.3 Terms of Payment:
a) During Warranty of one year:
Percentage Stage Requisite
a) 30 % Against delivery Delivery Certificate from Branch to be submitted to HO/ZO b) 40 % Against installation Installation Certificate from Branch to be submitted to HO/ZO c) 10 % 30 days post Certificate to be obtained from installation and HO/ZO in case of satisfactory satisfactory working transaction based on Bank's of the kiosk. Dashboard/RMMS tool or otherwise collected from Branch and to be submitted to HO/ZO. Also Documents specified under 7.1.vi (a to e) to be furnished at this stage d) 20 % Against submission PBG shall be furnished for the entire of PBG period of contract with validity period starting from the date of purchase order 100 %
b) Payment
Payment of initial cost of PBK {upto 80 % of cost of PBK (30% + 40% + 10%)} , will be done centrally by Head Office. PBG for 20 % also to be submitted to Head Office. Final release against PBG shall also be done by HO.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 79 of 191
Payment of ATS shall be done centrally by Head Office.
Payment for AMC of PBK shall be released by respective Zonal office.
Payment of ATS & AMC shall be done quarterly in arrears.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 80 of 191 PART 8 - FORMATS AND ANNEXURES
8.1 PRE-BID QUERY FORMAT
(To be provided strictly in Excel format)
Vendor Sl. RFP RFP RFP SUB Existing Query/Suggestions Name No Page Clause Clause No. Clause No No.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 81 of 191 FORMAT-8.2 PRICE BID FORMAT
Bidders should submit the Price Bid in the following format:-
To, The General Manager Bank of India Head Office, Digital Banking department 6th Floor, Star House II, Plot No.C-5, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai 400 051
Dear Sir,
Your RFP: BOI/HO/ DBD/PBK/ 2021-22/4 dtd 12-07-2021 For PROCUREMENT, INSTALLATION AND COMMISSIONING OF BAR CODE BASED PASSBOOK PRINTING KIOSKS
We refer to our offer letter dated ______in response to your captioned RFP. We submit our price / commercial quotation as under:-
(Include in Price Bid Only – Not to be included in Technical Bid)
PART I - Table 1 Item A Price per one unit (in Rs) Total Price for [inclusive of all taxes, exclusive of 3000 Kiosk GST] Barcode based Passbook Printing Kiosk Solution, including but not limited to providing of the required Hardware, Software, Databases, Third Party Utilities, integration, RMMS and all other related costs Total (A)
PART I -Table 2 Item B Per Unit rate Total Price in Rs. Cost for Middleware including RMMS Application for 3000 Kiosks
Total (B) = 1% of Total Cost of 3000 Passbook Kiosk
Remarks
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 82 of 191
PART I- Table 3
Buyback of existing PBK (only outer Box does not include Pass Book Printer and computer unit)
Sr. no Buyback Price per unit Total Cost (max. 3000 units)
Criteria for L1 = PART I (Table 1 + Table 2 – Table 3)
PART II Replenishment rates:
Table 4
S.no Item Specifications Rate (In Total Quantity of Rs.) ribbons, total approx. price Passbook printer ribbon (2,00,000 numbers)
PART III
Table 5
Item Quantity required Rate (In Rs.) Per unit Preprinted Bar Code Maximum quantity 3 crores Stickers OR as per requirement
Table 6
S.no Item Specifications Rate (In Rs.) Other consumables/parts which are not covered under Comprehensive AMC
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 83 of 191
Table 7:
Bifurcation of Parts, for the passbook printing Solution is as under:
Sr. no Module Price per unit for Price in Rs. (Maximum ceiling the part in Rs. price) 1 Minimum 20% and CPU Maximum 30% of Unit Price Item A 2 Minimum 5% and Monitor + Speaker Maximum 10% of Unit Price Item A
3 Passbook printer Minimum 25% and Plus scanner Maximum 35% of Unit Price Item A 4 Passbook Printing 1% of Unit Price Item A Application
Table 8:
Sr. no Grouting cost per Kiosk Total Cost (max. 3000 units)
Table 9: (Only Indicative Rates)
Item Per Unit rate Total Price in Rs. Cost for Middleware including RMMS Application for additional 1000 Kiosks
Total = Remarks
Table 10: (Only Indicative Rates)
Per Unit rate Total Price in Rs.
L1 Resource
Facility Management Charges per Resource per year L2 Resource
L3 Resource Remarks if any
Signature of Bidder : Name : Date : Place :
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 84 of 191 Important Notes:
Detailed Specifications of all Software and Hardware Modules, Components as above to be attached separately in the Technical Bid, supported by Technical Literature/Product Catalogues/Brochures, etc. This is Mandatory.
1. Price quoted should be inclusive of all costs, duties, levies, taxes and all other applicable charges excluding GST,
2. In case of discrepancy between figures and words, the amount in words shall prevail.
3. No increase in costs, duties, levies, taxes, charges, etc., irrespective of reasons (including exchange rate fluctuations, etc.) whatsoever, shall be admissible during the currency of the Contract.
4. All user licenses for O/S, Database, Application etc. should be as per our Technical and Functional Specification (TFS).
5. Annual Maintenance Charges (AMC) will be paid at 15% of the Unit cost per annum and Annual technical Support (ATS) for the enterprise wide middleware solution will be paid at 15 % per annum after expiry of warranty period of 1 year, for four years. The amount representing AMC/ATS will be paid quarterly in arrears. Bank will analyze the PBK performance for period of 1 year and then may or may not give the AMC to the successful bidder.
6. In case AMC is given to any other vendor for maintenance of hardware, in such case no AMC will be paid for the hardware, however bank will pay ATS for the Passbook printing Application and Middleware solution including RMMS application @ 15% per annum. The amount representing ATS will be paid quarterly in arrears.
7. In context to RFP, Facility management resource should be available for 5 years (from 9AM to 6 PM) on all working days.
Bank of India reserves the right to accept the lowest bid either in full or part thereof or totally reject the bid. Bank of India/RRBs may distribute the tendered scope to more than one bidder at any of the locations.
Bank of India reserves the right to have multiple vendors as per internal and external business requirement provided other vendors match the price quoted by L1/L2.
L1 will be decided by considering the price of Part I.
Ratio for distribution shall be 60% & 40% between L1 & L2 out of the total quantity. Signature of Bidder:
Name:
Business Address:
Place:
Date:
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 85 of 191
FORMAT 8.3: OFFER LETTER (to be included in Technical Bid Envelope)
Date : ......
To: Bank of India, Digital Banking Department, 6th Floor , Star House II, C-4, G-Block, Bandra Kurla Complex Bandra(East),Mumbai-400051.
Sir / Madam,
Your RFP Ref: BOI/HO/ DBD/PBK / 2021-22/4 dated 12-07-2021
Outsourcing of Procurement, Installation and Commissioning of 3000 PBKs
Having examined the captioned tender document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide PBK installation and commissioning in conformity with the Terms and Conditions of the captioned RFP and at the prices offered as per the Price bid and is made part of the bid / this offer.
While submitting this bid, we certify that:
I. Price quoted in bid has been arrived without agreement with any other bidder of this RFP for the purpose of restricting competition. II. The prices in the bid have not been disclosed and will not be disclosed to any other bidder of this RFP. III. We have not induced nor attempted to induce any other bidder to submit or not submit a bid for restricting competition.
We undertake, if our Bid is accepted, to provide PBK solution in accordance with the Scope, specifications, terms and conditions and schedule of installation specified in the RFP document.
If our Bid is accepted, we will obtain the guarantee of a Public sector Bank or Reputed Private sector Bank for the due performance of the Contract, for an amount equivalent @ 3% of the total contract value for the entire period of contract in the format prescribed by the Bank.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 86 of 191 We agree to abide by the Bid and the rates quoted for a contract period from date of contract / Service Level Agreement up to 5 years which shall remain binding upon us.
We agree that the price quoted by us will not change during the contract period. We agree that the rates will remain valid for the period of the contract for the PBKs for which the Bank may issue additional order for 25 % of PBK.
Until a formal contract is prepared and executed, this Proposal, together with your written acceptance thereof and your notification, shall constitute a binding contract between us.
We certify that we are manufacturers/ authorized distributor of ______(Name of brand) PBKs having factories at ______. The make and model of PBKs has ______number of PBKs as deployed for various banks in India.
We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.
We understand that Bank is not bound to accept the lowest or any Bid that may be received.
We also certify that we have not been i. under debarment/ blacklist period for breach of contract/fraud by any Scheduled Commercial Bank/ Public Sector Undertaking / State or Central Government or their agencies/ departments or; ii. Convicted of an offence under prevention of Corruption Act, 1988 or the Indian Penal Code or any other law for the time being in force, for causing any loss of life or property or causing a threat to public health as part of execution of a public procurement contract.
In contravention of the code of integrity specified under Rule 175 of General Financial Rules, 2017 published by Department of Expenditure, Govt of India.
Dated this . day of ...... 2021
(Signature)
(Name)
(In the capacity of)
Duly authorised to sign Bid for and on behalf of
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 87 of 191
FORMAT 8.4: Conformity To Eligibility Criteria(Part–3)
(Please attach documentary evidence of compliance)
Sl Eligibility Criteria Documents to be submitted
The Bidder must be an Indian Certificate of Incorporation issued by 1. firm /company/organization Registrar of Companies and full registered under Companies address of the registered office along Act, 2013 or under any other with Memorandum & Articles of previous Companies Act, which Association/ Partnership Deed. Prevailed earlier and in existence for three years as on 31/03/2021
Bidder should be Original Supportedby documentary 2. Equipment Manufacturer of Evidence. Letters from the PBKs or their authorized concerned organization confirming representative /distributor in successful implementation of PBK India with at least 5000 project with them to be submitted installations of Bar Code Based with following details: PBKs at PSU, Private sector Name of the Bank banks, Government Number of Locations Departments, Financial Model and Make institutions in India as on 31/03/2021. Scope of Project giving details of Installations, Monitoring, and An Authorised representative Maintenance services. should submit Manufacturers Name of the person who can be Authorisation certificate referred to from Clients’ side, with
Name, Designation, Postal Address, The bidder, if participating as Phone and Fax numbers, E-Mail Ids, channel Partner of any OEM, etc., (Attach copies of purchase then OEM should have a support orders) center and level 3 escalation (highest) located in India. For The bank reserves the right to OEMs, directly participating, the inspect such installations while conditions mentioned above for evaluating the Technical Bid / right to support center remain applicable. make a reference call. Bidder should specifically certify in this regard.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 88 of 191 Bidder should have experience The Bank reserves the right to 3. of supply and installation of Pass inspect such installations while book Printing Kiosk for at least 2 evaluating the Technical Bid. banks/Government The following information shall be Organisations in India with submitted: successful live run for more than Name of the Client 3 years. Number of branches where kiosks are installed across INDIA Out of the 2 at least one of the Nature of the Project bank should be using Finacle – Scope of the Project CBS. Bidder will install Bar Project Deliverables Code Based Kiosks from an Hardware and Software OEM who has minimum installed environments of the Project base of 3000 PBKs in Banks in Architecture of the solution India as on 31/03/2021. implemented, including network architecture Details of Middleware implemented and number of Kiosks connected live to the same as on date of RFP.( A certificate from Bank to be furnished) Date of award of Contract Date of commencement of the Project Date of successful commissioning of the Project (Pilot / Live). Whether the Project has been vetted / audited by any independent Agency/ Institutional Consultants of Repute, and if so, outcome thereof. Name of the person who can be referred to from Clients' side, with Name, Designation, Postal Address, Contact Phone and Fax numbers, E-Mail IDs, etc. (please attach copies of purchase orders). Supported by reference letter from Bank/s, the format of which is enclosed as per Format 8.14 Letter from both the organizations, where the Projects have been implemented, confirming that Passbook printing Kiosk Solution has been implemented in their organization and is working satisfactorily for last 3 years.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 89 of 191 Sl Eligibility Criteria Documents to be submitted
The Bidder must have an annual Copy of the audited Balance Sheet 4. turnover of minimum Rs 30 crores and / or Certificate of the Chartered in two out of four FYs 2017-2018, Accountant for preceding three 2018- 2019, 2019-20, 2020-21 years.
The Bidder should be profitable Copy of the audited financial organization (on the basis of statement along with profit and loss operating profit) during at least statement for corresponding years three of the last five financial and / or Certificate of the Charted years ,i.e. 2016-17, 2017-18 and Accountant with details to be 2018-19, 2019-20, 2020-21 Out of provided which, bidder must be profitable organization (on the basis Net worth will consist of ‘paid up operating Profit) during any of the equity capital, free reserves, last two years 2019-20 or 2020- balances in share arising value of 21. intangible and deferred revenue expenditure, if any’. Revaluation of If the company is in existence for assets’ adjusted for ‘accumulated less than 5 years it should be in loss balance, book out of sale profit for last 2 years. proceeds of assets but not reserve created by premium account and Bidder should have a positive net Capital Reserves representing worth as per Latest Audited surplus. Balance Sheet and P & L Account. Bidder must have satisfactorily conducted bank accounts for last one year. Bidder shall furnish the undertaking, details of his bank accounts and certificates from his banks regarding satisfactory conduct of bank accounts, along with the technical bid.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 90 of 191 Sl Eligibility Criteria Documents to be submitted
Past/present litigations, disputes, Brief details of litigations, disputes, if 5. if any (Adverse litigations could any are to be given on Company’s result in disqualification, at the letter head. sole discretion of the Bank.
Clarification: Past service provider of bank no longer providing PBK services, has to submit No dues certificate from Bank
Bidders, on the date of Bidder should specifically certify in
6. submission of bid for this RFP, this regard.
should not be:
i. under debarment/blacklist period for breach of contract/fraud by any Scheduled Commercial Bank/ Public Sector Undertaking / State or Central Government or their agencies/ departments or; ii. Convicted of an offence under prevention of Corruption Act, 1988 or the Indian Penal Code or any other law for the time being in force, for causing any loss of life or property or causing a threat to public health as part of execution of a public procurement contract. iii. In contravention of the code of integrity specified under Rule 175 of General Financial Rules, 2017 published by Department of Expenditure, Govt. of India.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 91 of 191 Sl Eligibility Criteria Documents to be submitted
The Bidder should have List of service centers with 7. minimum 100 service centers at complete address and contact different cities across the details segregated for Bidders and country including all 59 zonal Franchisee centers to be provided Office of the Bank to service self- as per Format enclosed. service passbook printer installed by the Bank. The Certificate to this effect to be Bidder should have their spare provided. parts / inventory at all centers of the bank. In case the Bidder Bank shall be provided with view does not have it, this facility has facility to centralized complaint to be provided within a period of monitoring system of the vendor for 3 months from the date of viewing the complaint lodged by signing of contract and a Bank of India. certificate has to be produced in this regard. The Bidder should have arrangement to provide 24 * 7 support and also arrangements to provide All India toll free/ contact number for lodging complaints and escalations thereof. Bidder is required to support such installations and will have to enter into SLA for uptime guarantee.
Bidder should have centralized complaint monitoring system with email facility for call logging.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 92 of 191 Sl Eligibility Criteria Documents to be submitted
8. The Bidder should have funds, Certificate to this effect to be infrastructure and resources for provided. deployment of 3000 Barcode Based Passbook kiosks with in a period of 4 months. Bidder should have middleware software implemented in one or more Banks with 500 or more Kiosks connected to CBS. Bidder should have demonstrated successful running of 500 or more Kiosks at least for a period of 3 or more months as on the date of RFP, with demonstrated technical capability of ISO-8583 Queue management. The middleware should have connected with a load of 2000 or more Kiosks in any one of the Bank. A certificate from concerned Bank is required to be produced. The Bidder/OEM should have a minimum production capacity of 3000 Bar Code based Passbook printing Kiosks per year. Bank will take a review of the bidder’s capacity based on Plant & Machinery capacity, manpower strength, previous years’ production, etc
9. The proposed solution should Certificate to this effect to be have provision of hand shake / provided. interface / integration with Bank’s existing hardware / software / Finacle. 10. The bidder must undertake to Certificate to this effect to be make all software upgradation / provided. modifications necessary to confirm to any changes or modifications in Finacle or any changes or modifications required by the Bank, from time to time without any additional cost.
(Please also refer to the notes under page 18 & 19)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 93 of 191 FORMAT 8.5 : BIDDER ORGANIZATION DETAILS
Your Ref: BOI/HO/ DBD/PBK /2021-22/4 dated 12-07-2021
Details filled in this form must be accompanied by sufficient documentary evidence, in order to facilitate the Bank to verify the correctness of the information.
Sl.No Item Details 1. General Details: 1.1 Name of Company and UIN number 1.2 Postal Address 1.3 Telephone, mobile, Website address and Fax numbers 1.4 Constitution of the Company 1.5 Nature of activity 1.6 Details of ownership 1.7 Holding company or parent company 1.8 Key persons with contact details 1.9 Name and designation of the person authorized to make commitments to the Bank 1.10 Email Address 1.11 Date of Incorporation in India, commencement Enclose Copy of Certificate of of Business & Years in the line of Business Incorporation
1.12 Sales Tax/VAT Number/GST Enclose Sales Tax / VAT registration copy /GST 1.13 Income Tax Number Enclose Company’s PAN Card copy and the latest Income-tax Clearance letter
1.14 No. of Engineer on roll who are familiar with offering PBK services 1.14 Brief description of facilities of the organization for undertaking the services
2. Financial Details
2.1 Annual Turnover (2016-17) Total Turnover Copy of Audited Balance Sheet/ Out of which: : PBK related Indian Annual report Operations 2.2 Annual Turnover (2017-18) Total Turnover Copy of Audited Balance Sheet/
Out of which: : PBK related Indian Annual report operations
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 94 of 191 2.3 Annual Turnover (2018-19) Total Turnover Out Copy of Audited Balance Sheet/ Of which: : PBK related Indian operations Annual report
2.42.3 Annual Turnover (2019-20) Total Turnover Out Copy of Audited balance Of which: : PBK related Indian operations sheet/annual report
2.5 Annual Turnover (2020-21) Total Turnover Out Copy of Unaudited balance Of which: : PBK related Indian operations sheet/annual report
3. Operational Details
3.1 Names of the Banks to whom the Bidder Enclose reference letters from provides PBK Services with Number of PBKs the Banks concerned with details of no. of years the Service is provided by the Bidder, Nature of the Service and no. of PBKs managed.
3.2 Place of Owned Managed Services Centre: Operational since: How many PBKs are being handled: Scalability in terms of handling of no. of PBKs Details / capability of Monitoring Tool proposed to be deployed for monitoring Bank’s PBK
3.3 Details of Managed Service Centre’s Disaster Recovery Site / Back up Site from Business Continuity point of view
3.4 Number of Service Support Centers: (Location wise details) No. of owned support Centers If not owned, what are the arrangements for providing support 3.5 Whether blacklisted for deficiency in services by any Public Sector Bank in the past and if so, the year:
3.6 Place of Call Centre/Help Desk managed How many seats proposed for the Bank If Call Centre not available, what is the alternate arrangement
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 95 of 191
FORMAT-8.6 : TRACK RECORD OF PAST OPERATIONS
Your RFP Ref: BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021
NAME OF THE VENDOR
Period Service Sl. Name of the Contact person of of Offered Client the Client with Name, No of PBKs service Tel.No., Fax No., being (in Address serviced years) From To 1 PBK Supply, installation and commissioning 2
FLM Services 13 2 3 PBK Network 1 Monitoring 2 3 Consumable 1 Management 2 3 Software 1 Distribution 2 3 SLM Services 1 2 3
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 96 of 191 FORMAT-8.7 : SERVICE SUPPORT DETAILS
Your RFP Ref: BOI/HO/ DBD/PBK/2021-22/4 dated 12-07-2021
State City / Postal Address, PIN CODE Number of Hardware/ Own / District Telephone, E- Software Engineers Sub- Location Mail and Contact capable of supporting the Contracto Details of Solution being offered r Centres Support (O or S) Personnel
(O / S
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 97 of 191
FORMAT-8.8 : CERTIFICATE OF SINGLE POINT RESPONSIBILITY FOR ALL SUB-CONTRACTS
To: Bank of India, Digital Banking Department, 6th Floor , Star House 2, C-4, G-Block, Bandra Kurla Complex Bandra (East), Mumbai-400 051.
Sir / Madam,
Your RFP Ref: BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021
PROCUREMENT, INSTALLATION AND COMMISSIONING OF PBK
We hereby certify that:
1. The systems offered and the services to be delivered for deployment and management of the PBKs including that of the services of third party service providers and subcontractors proposed to be availed by us will operate effectively. 2. We further confirm that we accept full responsibility for its successful operation. 3. We further undertake that we are the single point of contact for any/all purpose. 4. We further submit that we do have required back to back agreement with all the third party vendors / subcontractors. We submit that documentary proof by way of copy of agreement with the subcontractors or third party service providers will be provided by us as and when required by the Bank.
Dated this ..... day of...... 2021
(signature)
(in the capacity of)
Duly authorized to sign Proposal for and on behalf of
Note: The certificate is applicable if bidder offers the products / services through other service provider / subcontractor.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 98 of 191
FORMAT 8.9 : UNDERTAKING FOR SCOPE OF WORK
Date : ...... To: Bank of India, Digital Banking Department, 6th Floor , Star House 2, C-4, G-Block, Bandra Kurla Complex Bandra (East), Mumbai-400 051. Sir / Madam,
Your RFP Ref: BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021
Outsourcing of PBK installation and Maintenance Services for PBKs
We certify that we have carefully examined the Scope of Work stipulated in Part 5 of the captioned RFP floated by you.
We commit to provide services of installation and maintenance services for 3000 Bar Code Based Passbook Kiosk for a minimum period of 5 years with additional 2 year AMC if opted by the bank.
We hereby undertake to deliver services in its entirety as per the Scope stipulated inter-alia under following descriptions:-
1. Bar Code based Passbook printing Kiosk Solution, including but not limited to providing of the required Hardware, Softwares, Databases, Middlewares, Third Party Utilities, if any, and installation, testing, commissioning, warranty, annual maintenance, required/guaranteed uptime, etc. The system will have to be integrated with the existing Core Banking System of the Bank. In this direction, successful bidder will liaison and implement necessary configuration with the network and other hardware vendors of the Bank. 2. The Kiosk should be compact, sleek and edgeless and should have the mobility of plug and play. 3. The Bar Code printing solution should be such that it should be capable of being ported at a centralized location, and accessible from any of our branches, for printing of bar codes on the passbook. 4. The vendor will have to provide the necessary interface to all the application software’s being run at branches, wherever required by the Bank. 5. One resource should be provided by bidder to manage Remote Monitoring Management System (RMMS), Interface server, MIS, Call complaints/monitoring etc. at no extra cost to the Bank for every 1500 kiosk. This support is required for contract period of 5 years. The resources will be at the disposal of the Bank. 6. PBK should be compatible to print, all the barcoded passbook which are already in use. Provided solution should work for all types of passbooks.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 99 of 191 7. Bidder should handhold or provide necessary support in terms of interfacing with Finacle i.e. customization in the system for interfacing with PBK solution. 8. Bank can also procure Passbook printing kiosk for its Regional Rural Banks (RRB) at the same cost and on the same terms and Condition with individual remote monitoring tool for each RRBs. However the above undertaking is with following exceptions (Please Specify the area of scope which the Bidder will not be able deliver as per RFP requirement).
(signature)
(in the capacity of)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 100 of 191 FORMAT 8.10: MANUFACTURERS' AUTHORIZATION FORM
No. Date:
To:
Dear Sir,
Your RFP Ref: BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021
We ______who are established and reputable Manufacturers of ______having factories /development facilities at(address of factory / facility) do hereby authorise M/s (Name and address of Agent) to submit a Bid, and sign the contract with you against the above Bid Invitation.
2.We hereby extend our full guarantee and warranty for the Solution, Products and services offered by the above firm against this Bid Invitation. We also undertake to provide any or all of the following materials, notifications, and information pertaining to the Products manufactured or distributed by the Supplier :
a. Such Products as the Bank may opt to purchase from the Supplier, provided, that this option shall not relieve the Supplier of any warranty obligations under the Contract; and
b. In the event of termination of production of such Products:
i. advance notification to the Bank of the pending termination, in sufficient time to permit the Bank to procure needed requirements; and
ii. following such termination, furnishing at no cost to the Bank, the blueprints, design documents, operations manuals, standards, source codes and specifications of the Products, if requested.
iii. We confirm that the installations, Technical support and maintenance obligations required by the contract for the equipment and software solutions supplied by us and distributed by the vendor will be provided by us.
iv. We hereby extend our full comprehensive warranty, annual maintenance as per the terms and conditions of this RFP and the agreement / contract with the Vendor, in case M/s ______(Our Authorized representative) emerge as the / one of the successful bidders, for the goods and
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 101 of 191 services offered for supply of our authorized representative against RFP.
We duly authorise the said firm to act on our behalf in fulfilling all installations, Technical support and maintenance obligations required by the contract.
Yours faithfully,
(Name)
(Name of Manufacturer)
Bidder
Note :This letter of authority should be on the letterhead of the manufacturer and should be signed by a person competent and having the power of attorney to bind the manufacturer. The Bidder in its Bid should include it, duly countersigned
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 102 of 191
FORMAT- 8.11 : CONTRACT FORM
THIS AGREEMENT made the day of , 20__. Between ( Name of Bank) (hereinafter called "the Bank") of the one part and ...... (Name of Vendor) of ...... (City and Country of Bidder) (hereinafter called "the Vendor") of the other part : WHEREAS the Bank invited Bids for installation and managed services of Barcode Based passbook Kiosk and has accepted a Bid of the vendor for installation of………...... Passbook Kiosk in the sum of…………………………. .. (Contract Price in Words and Figures) (hereinafter called "the Contract Price").
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. 2. The following documents of RFP No: BOI/HO/ DBD/PBK/2021-22/4 dated 12-07-2021 shall be deemed to form and be read and construed as part of this Agreement, viz.:
a) Terms and Conditions of Contract (TCC) b) Scope of Work c) Technical & Functional Specifications (TFS) d) Price Bid e) Bank's Notification of Award;
3. In consideration of Supply, installation and Commissioning of the PBK with Technical Specifications, Functionality and services required by the Bank rendering in terms of the RFP for which the Bank shall pay the rental at Price as stated below:-
PART I - Table 1 Item A Price per one unit (in Rs) Total Price for [inclusive of all taxes, exclusive of 3000 Kiosk GST]
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 103 of 191 Barcode based Passbook Printing Kiosk Solution, including but not limited to providing of the required Hardware, Software, Databases, Third Party Utilities, integration, RMMS and all other related costs Total (A)
PART I -Table 2 Item B Per Unit rate Total Price in Rs. Cost for Middleware including RMMS Application for 3000 Kiosks
Total (B) = 1% of Total Cost of 3000 Passbook Kiosk
Remarks
PART I- Table 3
Buyback of existing PBK (only outer Box does not include Pass Book Printer and computer unit)
Sr. no Buyback Price per unit Total Cost (max. 3000 units)
Criteria for L1 = PART I (Table 1 + Table 2 – Table 3)
PART II Replenishment rates:
Table 4
S.no Item Specifications Rate (In Total Quantity of Rs.) ribbons, total approx. price Passbook printer ribbon (2,00,000 numbers)
PART III
Table 5
Item Quantity required Rate (In Rs.) Per unit Preprinted Bar Code Maximum quantity 3 crores Stickers OR as per requirement
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 104 of 191
Table 6
S.no Item Specifications Rate (In Rs.) Other consumables/parts which are not covered under Comprehensive AMC
Table 7:
Bifurcation of Parts, for the passbook printing Solution is as under:
Sr. no Module Price per unit for Price in Rs. (Maximum ceiling the part in Rs. price) 1 Minimum 20% and CPU Maximum 30% of Unit Price Item A 2 Minimum 5% and Monitor + Speaker Maximum 10% of Unit Price Item A
3 Passbook printer Minimum 25% and Plus scanner Maximum 35% of Unit Price Item A 4 Passbook Printing 1% of Unit Price Item A Application
Table 8:
Sr. no Grouting cost per Kiosk Total Cost (max. 3000 units)
Table 9: (Only Indicative Rates)
Item Per Unit rate Total Price in Rs. Cost for Middleware including RMMS Application for additional 1000 Kiosks
Total = Remarks
Table 10: (Only Indicative Rates)
Per Unit rate Total Price in Rs.
L1 Resource
Facility Management Charges per Resource per year L2 Resource
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 105 of 191 L3 Resource Remarks if any
Signature of Bidder : Name : Date : Place :
Important Notes:
Detailed Specifications of all Software and Hardware Modules, Components as above to be attached separately in the Technical Bid, supported by Technical Literature/Product Catalogues/Brochures, etc. This is Mandatory.
1. Price quoted should be inclusive of all costs, duties, levies, taxes and all other applicable charges excluding GST,
2. In case of discrepancy between figures and words, the amount in words shall prevail.
3. No increase in costs, duties, levies, taxes, charges, etc., irrespective of reasons (including exchange rate fluctuations, etc.) whatsoever, shall be admissible during the currency of the Contract.
4. All user licenses for O/S, Database, Application etc. should be as per our Technical and Functional Specification (TFS).
5. Annual Maintenance Charges (AMC) will be paid at 15% of the Unit cost per annum and Annual technical Support (ATS) for the enterprise wide middleware solution will be paid at 15 % per annum after expiry of warranty period of 1 year, for four years. The amount representing AMC/ATS will be paid quarterly in arrears. Bank will analyze the PBK performance for period of 1 year and then may or may not give the AMC to the successful bidder.
6. In case AMC is given to any other vendor for maintenance of hardware, in such case no AMC will be paid for the hardware, however bank will pay ATS for the Passbook printing Application and Middleware solution including RMMS application @ 15% per annum. The amount representing ATS will be paid quarterly in arrears.
7. In context to RFP, Facility management resource should be available for 5 years (from 9AM to 6 PM) on all working days.
Bank of India reserves the right to accept the lowest bid either in full or part thereof or totally reject the bid. Bank of India/RRBs may distribute the tendered scope to more than one bidder at any of the locations.
Bank of India reserves the right to have multiple vendors as per internal and external business requirement provided other vendors match the price quoted by L1/L2.
L1 will be decided by considering the price of Part I.
Ratio for distribution shall be 60% & 40% between L1 & L2 out of the total quantity. Signature of Bidder:
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 106 of 191 Name:
Business Address:
Place:
Date:
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 107 of 191 FORMAT-8.12: BANK GUARANTEE
(Bank Guarantee valid for 5 years till the validity of contract period)
BANK GUARANTEE
This Guarantee is made at on this day of by, having its Registered / Head Office at (hereinafter called the “ Issuing Bank”, which expression shall, unless repugnant to the context or meaning thereof, shall mean and include, its successors and permitted assigns) in favour of Bank of India a body corporate constituted under Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Corporate Office at Star House 2, C-4, G-Block, Bandra Kurla Complex, Bandra East, Mumbai – 400 051 (hereinafter called “the Beneficiary”, which expression shall, unless repugnant to the context or meaning thereof, shall include its successors and assigns) WHEREAS , a company registered under the Companies Act, 1956, having its Registered Office at (hereinafter called the “Vendor”, which expression shall, unless repugnant to the context or meaning thereof, shall mean and include its successors and permitted assigns) has executed the Agreement for Procurement, Installation and Commissioning of BAR CODE BASED PASSBOOK PRINTING KIOSK dated (hereinafter referred to as the “Agreement”) between Bank of India (the Beneficiary) &……………………………..(the Vendor) to deploy 3000 PBKs along-with the related managed and their services, for the Beneficiary, as set out in the said Agreement (hereinafter referred to as the “said Contract”).AND WHEREAS, in accordance with terms and conditions of the Agreement, the Vendor is required to furnish a Bank Guarantee for a sum of equivalent to Rs.______for due performance of their obligations. Such Bank Guarantee is required to be valid up to ______plus 6 months claim period AND WHEREAS, the Issuing Bank, at the request of the Vendor, agreed to issue on behalf of the Vendor, Guarantee as above, for Rs. ______only).
NOW THIS GUARANTEE WITNESSETH THAT
a. In consideration of the Beneficiary having awarded the said Contract to the Vendor we, the Issuing Bank, hereby unconditionally and irrevocably guarantee that the Vendor shall fulfil its commitments and obligations in respect of such Services under the Agreement and in the event of the Vendor failing to perform / fulfil its commitments / obligations in respect of such Services under the Agreement, we, the Issuing Bank, shall on mere demand(s), from time to time from the Beneficiary pay the Beneficiary forthwith the sums so demanded by the Beneficiary in each of the demands, subject to a cumulative maximum amount of Rs______only) without protest or demur or without reference to the Vendor and not withstanding any contestation or existence of any dispute whatsoever between the Vendor and the Beneficiary.
b. Any notice / communication / demand from the Beneficiary to the effect that the Vendor has failed to fulfil its commitments / obligations in respect of such Services under the Agreement shall be conclusive, final & binding on the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 108 of 191 Issuing Bank and shall not be questioned by the Issuing Bank in or outside the court, tribunal, authority or arbitration as the case may be. c. We, the Issuing Bank, HEREBY FURTHER AGREE & DECLARE THAT: d) Any neglect or forbearance on the part of the Issuing Bank to the Beneficiary or any indulgence of any kind shown by the Issuing Bank to the Vendor or any change in the terms and conditions of the said Agreement shall not, in any way, release or discharge the Issuing Bank from its liabilities under this guarantee. e) This Guarantee herein contained shall be distinct and independent and shall be enforceable against the Issuing Bank, notwithstanding any Guarantee or Security now or hereinafter held by the Beneficiary at its discretion. f) This Guarantee shall not be affected by any infirmity or absence or irregularity in the exercise of this Guaranteeing by and / or on behalf of the Issuing Bank or by merger or amalgamation or any change in the constitution or name of the Issuing Bank. g) This Guarantee shall not be affected by any change in the constitution of the Beneficiary or the Vendor or winding up / liquidation of the Vendor, whether voluntary or otherwise. h) This Guarantee shall be a continuing guarantee during its validity period to the extent of cumulative maximum amount mentioned herein and the Beneficiary shall be within its rights to invoke the Bank Guarantee any number of times. i) Notwithstanding anything contained herein above:
The Issuing Bank’s overall liability under this Bank Guarantee shall not exceed Rs. ______only);
This bank guarantee is valid up to ______.
The Issuing Bank is liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if the Beneficiary serves the Issuing Bank claim or demand on or before ……………….. The Issuing Bank has, under its constitution, powers to give this guarantee and Shri …………………………………. (signatories) Official(s) / Manager(s) of the Issuing Bank who has / have signed this guarantee has / have powers to do so.
IN WITNESS WHEREOF the Issuing Bank has caused these presents to be signed at the place and on the date, month and year first hereinabove written through its duly authorised official.
(Signed and Delivered)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 109 of 191 FORMAT-8.13 :BID SECURITY FORM
Whereas ...... (hereinafter called “the Bidder”) has submitted its Bid dated (date of submission of Bid) for the supply of (name and/or description of the Products/system)(hereinafter called “the Bid”).
KNOW ALL PEOPLE by these presents that WE ...... (name of bank) of (name of country), having our registered office at(address of bank) (hereinafter called “the Bank”), are bound unto ______(Hereinafter called “the Purchaser”) in the sum of ______forwhich payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this ____ day of ...... ___.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Bid Form; or
2. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser during the period of Bid validity: (a) fails or refuses to execute the Contract Form if required; or (b) fails or refuses to furnish the performance guarantee, in accordance with the Instruction to Bidders.
We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including forty five (45) days after the period of the Bid validity, i.e. up to , and any demand in respect thereof should reach the Bank not later than the above date.
(Signature of the Bidder’s Bank)
Note: Presence of restrictive clauses in the Bid Security Form such as suit filed clause/clause requiring the Bank to initiate action to enforce the claim etc. will render the Bid non-responsive.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 110 of 191 FORMAT 8.14 :DRAFT OF REFERENCE LETTER FOR ELIGIBILITY CRITERIA ITEM SR NO. 2
The General Manager Bank of India Head Office, Digital Banking department Star House 2, Plot No.C-5, G-Block, 6th Floor, Bandra Kurla Complex, Bandra (E), Mumbai 400 051
Dear Sir/ Madam,
This is to confirm that ( Name of the Vendor) have installed for our Bank total no. of (no. of PBKs) as on 31/03/2021 and the performance of the Kiosks are good.
Authorised Signatory
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 111 of 191
FORMAT 8.15: DRAFT OF REFERENCE LETTER FOR ELIGIBILITY CRITERIA ITEM SR. NO. 3
The Deputy General Manager Bank of India Head Office Digital Banking department Star House 2, Plot No.C-4, G-Block, 6th Floor, Bandra Kurla Complex, Bandra (E), Mumbai 400 051
Dear Sir/ Madam,
This is to confirm that ( Name of the Vendor) have been performing following Managed Services for total no. of ------(no. of PBKs) as on 31/03/2021.
(Please strike out whichever is not applicable from the below mentioned 1 to 4 items)
1. PBK supply & Maintenance 2. Monitoring on 24X7 basis and incident management 3. First Level Management Services 4. Incident Management Second Level Management Services
Authorised Signatory
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 112 of 191
FORMAT 8.16: PRE-CONTRACT INTEGRITY PACT
(to be stamped as applicable in the state where it is executed. Else the bid shall be treated as non-responsive)
PRE-CONTRACT INTEGRITY PACT
BETWEEN
BANK OF INDIA
AND
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on XX day of the XX month of 2021, between, on one hand, the Bank of India acting through Shri______, Designation of the Officer (hereinafter called the “BUYER”, which expression shall mean and include, unless the context otherwise requires, his successors in officer and assigns) of the First Part and M/s ______Represented by ______Chief Executive Officer (hereinafter called the “BIDDER/Seller” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part.
WHEREAS the BUYER proposes to procure Barcode Based Passbook Kiosk award the contract and the BIDDER/Seller is willing to offer/has offered the stores and Request for proposal of installation and managed services of 3000 PBKs.
WHEREAS the BIDDER is a private company / public company / Government undertaking / partnership / registered export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Public Sector Undertaking Bank of India.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any influence / prejudice dealings prior to, during and subsequent to the currency of the contract entered into with a view to :-
Enabling the BUYER to obtain the desired said stores / equipment / work at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 113 of 191 The parties hereby agree to enter into this Integrity Pact and agree as follows.
1. Commitments of the BUYER
1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.
1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.
1.3 All the officials of the BUYER will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.
2. In case any such preceding misconduct on the part of such officials(s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as Deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract would not be stalled.
3. Commitments of BIDDERs
The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post- contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following :-
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract Request for proposal for outsourcing of installation and managed services for 3000 PBKs in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 114 of 191 Government for showing or forbearing to show favor or disfavor to any person in relation to the contract or any other contract with the Government.
3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.
3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract.
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufactures / integrator / authorized government sponsored export entity of the stores / supplier and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER nor has any amount been paid promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the BUYER or their family members agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
3.7 The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the BUYER as part of the business relationship, regarding plans, technical proposals and business details including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.
3.10 The BIDDER commits to retrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is relative of any of the officers of the BUYER or alternatively, if any relative of an officer of the BUYER has financial interest / stake in the BIDDERs firm, the same shall be disclosed by the BIDDER at the time of filling of tender.
The term relative for this purpose would be as defined in Section 6 of the Companies Act 1956.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 115 of 191 3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the BUYER.
4. Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded can be terminated for such reason.
5. Earnest Money (Security Deposit)
5.1 While submitting commercial bid, the BIDDER shall deposit an amount as specified in the RFP as Earnest Money/Security Deposit, with the BUYER through any of the following instruments
(i) Bank Draft or a Pay Order or Fixed Deposit in favour of Bank of India
(ii) A confirmed guarantee by a scheduled commercial bank, promising payment of the guaranteed sum to the BUYER on demand within three working days without any demur whatsoever and without seeking any reasons whatsoever. The demand for payment by the BUYER shall be treated as conclusive proof of payment.
(iii) Any other mode or through any other instrument as specified in the RFP.
5.2 The Earnest Money / Security Deposit shall be valid upto the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the BUYER, including warranty period / Defect liability period.
5.3 In case of the successful BIDDER a clause would also be incorporated in the Article pertaining to Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
5.4 No Interest shall be payable by the BUYER to the BIDDER on Earnest Money / Security Deposit for the period of its currency.
6. Sanctions for Violations
6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (Whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, whenever required:-
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 116 of 191 (i) To immediately call off the pre-contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and / or Security Deposit / Performance Bond (after the contract is signed) shall stand forfeited either fully or partially as decided by the BUYER and the BUYER shall not be required to assign any reason therefor.
(iii) To immediately cancel the contract if already signed, without giving any compensation to the BIDDER.
(iv) To recover all sums already paid by the BUYER and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond / warranty bond, if furnished by the BIDDER, in order to recover the payments already made by the BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation / rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middlemen or agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened.
(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact also on the commission by the BIDDER or any one employed by it or acting on its behalf (Whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.
6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 117 of 191 BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact.
7. Fail Clause
7.1 The BIDDER undertakes that it has not supplied / is not supplying similar product / systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry / Department of the Government of India or PSU and if it is found at any stage that similar product / systems or sub systems was supplied by the BIDDER to any other Ministry / Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.
8. Independent Monitors
8.1 There shall be Independent Monitors (hereinafter referred to as Monitors) appointed by the BUYER for this Pact in consultation and with approval of the Central Vigilance Commission.
8.2 The task of the Monitors shall be to review independently and objectively whether and to what extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project / procurement, including minutes of meetings.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.
8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER / Subcontractor(s) with confidentiality.
8.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.
8.8 The Monitor will submit a written report to the designated Authority of BUYER within 8 to 10 weeks from the date of reference or intimation to him by the BUYER / BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 118 of 191 9. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.
10. Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.
11. Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
12. Validity
12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER / Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.
12.2 Should one or several provision of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
13. The parties hereby sign this Integrity Pact at on
BUYER BIDDER
Name of the Officer Name of the Officer
Designation Designation
Bank of India
Witness Witness
1……………………….. 1…………………....
2……………………….. 2…………………....
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 119 of 191
FORMAT-8.17 :BUSINESS RULES AND TERMS & CONDITIONS OF REVERSE AUCTION
Reverse Auction event will be carried out among the Technically Qualified Bidders, for providing opportunity to the Bidders, to quote the price dynamically, for the procurement for which RFP is floated.
A) Definitions:
1) “Bank” means Bank of India.
2) “Service Provider” means the third party agency / company who has been selected by the Bank for conducting Reverse Auction.
3) “L1” means the Bidder who has quoted lowest price in the Reverse Auction process.
4) “L2” means the Bidder who has quoted second lowest price in the Reverse Auction process.
5) “L3” means the Bidder who has quoted third lowest price in the Reverse Auction process.
B) Eligibility of Bidders to participate in Reverse Auction:
1) Bidders who are technically qualified in terms of the relative Terms & Conditions of the RFP and accept the Business Rules, Terms & conditions of Reversion Auction and submit the undertakings as per Annexure-A , can only participate in Reverse Auction related to the procurement for which RFP is floated. Bidders not submitting the above undertaking or submitting with deviations / amendments thereto, will be disqualified from further evaluation / participation in the process of relevant procurement.
2) Bidders should ensure that they have valid digital certificate well in advance to participate in the Reverse Auction. Bank and / or Service Provider will not be responsible in case Bidder could not participate in Reverse Auction due to non-availability of valid digital certificate.
C) Training:
1) Bank will engage the services of Service Provider to provide necessary training to representatives of all eligible Bidders for participation in Reverse Auction. All rules & procedure related to Reverse Auction will be explained during the training.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 120 of 191 2) Date, Time, Venue etc. of training will be advised at appropriate time.
3) Eligible Bidder / his authorized nominee has to attend the training as per the schedule and at the specified venue at his / Bidder’s own cost.
4) No request from the Bidders for change in training schedule and/or venue will be entertained.
5) However, Bank reserves the right to postpone / change / cancel the training schedule, for whatsoever reasons, without assigning any reasons therefor, even after its communication to eligible Bidders.
6) Any Bidder not participating in the training process will do so at his own risk.
D) Reverse Auction Schedule:
1) The date and time of start of Reverse Auction and its duration of time will be informed to the eligible Bidders well in advance, at least 4 days before the Reverse Auction date.
2) Bank reserves the right to postpone / change / cancel the Reverse Auction event, even after its communication to Bidders, without assigning any reasons therefor.
E) Bidding Currency:
Bidding will be conducted in Indian Rupees (INR).
F) Start Price:
Bank will determine the Start Price for Reverse Auction –
1) on its own and / or;
2) evaluating the price band information called for separately from each eligible Bidder at appropriate time and / or;
3) based on the price bids received and if opened, Bank may determine the start price on the basis of the lower quote received.
G) Decremental Bid Value:
1) The bid decrement value will be specified by Bank before the start of Reverse Auction event. It can be a fixed amount or percentage of Start Price or both whichever is higher.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 121 of 191 2) Bidder is required to quote his bid price only at a decremental value.
3) Bidder need not quote bid price at immediate next available lower level, but it can be even at 2/3/4 ….. level of next available lower level .
H) Conduct of Reverse Auction event:
1) Reverse Auction will be conducted on a specific web portal, meant for this purpose, with the help of the Service Provider identified by the Bank.
2) Service Provider will make all necessary arrangement for fair and transparent conduct of Reverse Auction like hosting the web portal, imparting training to eligible Bidders etc., and finally conduct of Reverse Auction.
3) Bidders will be participating in Reverse Auction event from their own office / place of their choice. Internet connectivity and other paraphernalia requirements shall have to be ensured by Bidder themselves.
a) In the event of failure of their internet connectivity (due to any reason whatsoever it may be), it is the Bidders responsibility / decision to send fax communication immediately to Service Provider, furnishing the bid price they want to bid online, with a request to upload the faxed bid price online, so that the service provider will upload that price online on behalf of the Bidder. It shall be noted clearly that the concerned Bidder, communicating this price to service provider, has to solely ensure that the fax message is received by Service Provider in a readable / legible form and also the Bidder should simultaneously check up with Service Provider over phone about the clear receipt of the bid price faxed. It shall also be clearly understood that the Bidder shall be at liberty to send such fax communications of prices to be uploaded by Service Provider only before the closure of Reverse Auction time and under no circumstances it shall be allowed beyond the closure of Reverse Auction event time. Such Bidders have to ensure that the service provider is given reasonable time by the Bidders, to upload such faxed bid prices online and if such required time is not available at the disposal of Service Provider at the time of receipt of the fax message from the Bidders, Service Provider will not be uploading the bid prices. It is to be noted that neither the Bank nor the Service Provider will be responsible for these unforeseen circumstances.
b) In order to ward-off such contingent situation, Bidders are advised to make all the necessary arrangements / alternatives such as back –up power supply or whatever required, so that
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 122 of 191 they are able to circumvent such situation and still be able to participate in the reverse auction successfully. However, the vendors are requested to not to wait till the last moment to quote their bids to avoid any such complex situations. Failure of power at the premises of vendors during the Reverse auction cannot be the cause for not participating in the reverse auction. On account of this, the time for the auction cannot be extended and BANK is not responsible for such eventualities.
4) Bank and / or Service Provider will not have any liability to Bidders for any interruption or delay in access to site of Reverse Auction irrespective of the cause.
5) For making the process of Reverse Auction and its result legally binding on the participating Bidders, Service Provider will enter into an agreement with each eligible Bidder, before the start of Reverse Auction event. Without this, Bidder will not be eligible to participate in the event. The format of the agreement is as per the Annexure- C.
6) Bidders name will be masked in the Reverse Auction process and will be given random dummy names by the Service Provider.
7) Bidder / his authorised representatives will be given unique Login ID & Password by Service Provider. Bidder / his authorized representative will change the Password after the receipt of initial Password from Service Provider to ensure confidentiality. All bids made from the Login ID given to the Bidders will be deemed to have been made by the concerned Bidder / his company.
8) Reverse auction will be conducted as per English Reverse Auction with no tie, where more than one Bidder cannot have identical bid price.
9) Any bid once made by the Bidder through registered Login ID & Password, the same cannot be cancelled. The Bidder is bound to supply as per the RFP at the bid price of Reverse Auction.
10) Auto Bid:
i) Bidder can take the advantage of Auto Bid facility available in Reverse Auction system. Auto Bid feature allows Bidder to place an automated bid against other Bidders in an auction by confirming to one decrement and bid without having to enter a new price each time a competing Bidder submits a new offer.
ii) Auto Bid facility can be used by the Bidder only once. Bidder can at no point of time during the course of the Reverse Auction, revise / delete his Auto Bid price. Bidder has the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 123 of 191 facility to revise his Auto Bid value only prior to the start of the Reverse Auction event.
iii) Only after the lowest price quoted by other Bidders is equal to or less than the minimum Auto Bid value put in the system by Auto Bid Bidder, he will get the option to manually bid.
iv) If more than one Bidder opts for the Auto Bid facility and if the lowest price quoted by more than one in Auto Bid facility is same, then the Bidder who has opted for the Auto Bid facility first will get the advantage of being the “L1‟, with the second bidder being “L2‟ at a price one decrement higher than the “L1‟ value and so on.
v) If one of the Bidder has opted for the Auto Bid facility, the system automatically places a bid by conforming to one decrement from the bid that any of the other Bidders might have quoted. In such a case, if the manual Bidder directly quotes the same price as the lowest price which the Bidder who has opted for the auto bid facility, then the bid submitted by the manual Bidder would be accepted as the “L1‟ bid. But at that point of time onwards, the manual control of the Auto Bidder would be enabled for the Auto Bidder.
vi) Service Provider will explain in detail about the Auto Bid during the training.
11) Reverse Auction will normally, be for a period of one hour. If a Bidder places a bid price in last 10 minutes of closing of the Reverse auction, the auction period shall get extended automatically for another 10 minutes. Maximum 3 extensions each of 10 minutes will be allowed after auction period of 1 hour i.e. entire process can last maximum for 1 ½ hour only. In case there is no bid price in the last 10 minutes of closing of Reverse Auction, the auction shall get closed automatically without any extension.
(The time period of Reverse Auction & Maximum number of its extensions & time are subject to change and will be advised to eligible Bidders before the start of the Reverse Auction event.)
12) Bidder will be able to view the following on their screen along with the necessary fields in Reverse Auction :
i) Opening Price ii) Leading / Lowest Bid Price in Auction (only total price) iii) Last Bid Price placed by the respective Bidder.
13) During Reverse Auction, if no bid price is received within the specified time, Bank, at its discretion, may decide to revise Start
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 124 of 191 Price / Decremental Value / scrap the reverse auction process / proceed with conventional mode of tendering.
I) Reverse Auction Process:
1) At the end of Reverse Auction event Service Provider will provide the Bank all necessary details of the bid prices and reports of Reverse Auction.
2) Upon receipt of above information from Service Provider, Bank will evaluate the same and will decide upon the winner i.e. Successful Bidder.
3) Successful Bidder has to fax the duly signed filled-in prescribed format (Annexure B) as provided on case-to-case basis to Bank within 4 hours of Reverse Auction without fail. The Original signed Annexure-B should be couriered so as to reach us within 48 hours of Reverse Auction without fail.
4) Any variation between the on-line Reverse Auction bid price and signed document will be considered as sabotaging the tender process and will invite disqualification of Bidder/vender to conduct business with Bank as per prevailing procedure.
5) Successful Bidder has to give break-up of his last/lowest bid price as per Bill of Material at the end of Reverse auction event within 3 working days without fail.
6) Successful Bidder is bound to supply at their final bid price of Reverse Auction. In case of back out or not supply as per the rates quoted, Bank will take appropriate action against such Bidder and / or forfeit the Bid Security amount, debar him from participating in future
7) In case Bank decides not to go for Reverse Auction related to the procurement for which RFP is floated and price bids if any already submitted and available with Bank shall be opened as per Bank’s standard practice.
J) Bidder’s Obligation:
1) Bidder will not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly with other suppliers / Bidders
2) Bidder will not divulge either his Bid details or any other details of Bank to any other party without written permission from the Bank.
K) Change in Business Rules, Terms & Conditions of Reverse Auction:
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 125 of 191 1) Bank reserves the right to modify / withdraw any of the Business rules, Terms & conditions of Reverse Auction at any point of time.
2) Modifications of Business rules, Terms & conditions of Reverse Auction will be made available on website immediately.
3) Modifications made during the running of Reverse Auction event will be advised to participating Bidders immediately.
L) Bank shall do forward auction for disposal of old PBKs.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 126 of 191
FORMAT-8.18: CERTIFICATION FOR LOCAL CONTENT
Date:
To
The General Manager Bank of India Digital Banking Department Star House 2, 6th floor BKC Mumbai.
Dear Sir,
Your RFP Ref: BOI/HO/ DBD/PBK / 2021-22/4 dt 12-07-2021
Bidder Name:
This is to certify that proposed
2. This certificate is submitted in reference to the Public Procurement (Preference to Make in India), Order 2017 – Revision vide Order No. P-45021/2/2017-PP (BE- II) dated May 29, 2019, further revised on 4th June 2020 and further revised on September 2020.
Signature of Statutory Auditor/Cost Auditor
Registration Number: Seal Counter-signed:
Bidder
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 127 of 191
FORMAT 8.19 : INSTALLATION REPORT FORMAT
Installation Report Format RFP Ref: BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021
Machine Serial Number
Place of Installation With postal address Pin Code
Contact Person Email ID
Telephone No. Fax No
Branch Name & Sol ID
Product Name Model No
Passbook KIOSK ID Serial No
Delivery Date (DD/MM/YYYY) On Site/ Off Site O f f S i t e
Installation Date (DD/MM/YYYY) Installed By
A. Training completion details for Bank Branch Yes No NA
1. How to handle the machine 2. Loading consumables & handle -
a. Pass Book Printer
b. Bar Code Printer
3. Educate branch person’s about the requisites of machine maintenance like earthing, UPS
4. UPS backup available for PBK B. Training given, Password changed and Key 1 ) sets handed over to 2 )
Engineer Name : Above machine is installed & tested to our full satisfaction - Emp. Code : Manager/ Officer's Name PF code Contact no Mobile No. :
Engineer's Signature : Branch official's Signature With Seal :
Dated : Dated :
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 128 of 191
FORMAT 8.20: NON-DISCLOSURE AGREEMENT
Ref: Your RFP Ref: BOI/HO/ DBD/PBK/ 2021-22/4 dated 12-07-2021
WHEREAS, we, ______, having Registered Office at ______, hereinafter referred to as the COMPANY, are agreeable for offering PBKs for Domestic Branches/ Offices for Bank of India, having its registered office at Star House, C- 5, G Block, Bandra Kurla Complex, Mumbai – 400 051, hereinafter referred to as the BANK and, WHEREAS, the COMPANY understands that the information regarding the PBKs for Domestic Branches/ Offices shared by the BANK in their Request for Proposal is confidential and/or proprietary to the BANK, and WHEREAS, the COMPANY understands that in the course of submission of the offer for the PBKs for Domestic Branches/ Offices and/or in the aftermath thereof, it may be necessary that the COMPANY may perform certain jobs/duties on the Bank’s properties and/or have access to certain plans, documents, approvals or information of the BANK; NOW THEREFORE, in consideration of the foregoing, the COMPANY agrees to all of the following conditions, in order to induce the BANK to grant the COMPANY specific access to the BANK’s property/information The COMPANY will not publish or disclose to others, nor, use in any services that the COMPANY performs for others, any confidential or proprietary information belonging to the BANK, unless the COMPANY has first obtained the BANK’s written authorisation to do so; The COMPANY agrees that notes, specifications, designs, memoranda and other data shared by the BANK or, prepared or produced by the COMPANY for the purpose of submitting the offer to PBKs for Domestic Branches/ Offices, will not be disclosed to during or subsequent to submission of the offer to the BANK, to anyone outside the BANK The COMPANY shall not, without the BANK’s written consent, disclose the contents of this Request for Proposal (Bid) or any provision thereof, or any specification, plan, pattern, sample or information (to be) furnished by or on behalf of the BANK in connection therewith, to any person(s) other than those employed/engaged by the COMPANY for the purpose of submitting the offer to the BANK and/or for the performance of the Contract in the aftermath. Disclosure to any employed/engaged person(s) shall be made in confidence and shall extend only so far as necessary for the purposes of such performance.
Authorised Signatory Name: Designation:
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 129 of 191
FORMAT 8.21
Format of Certificate for Tenders for Works under Rule 144 (xi) in the General Financial Rules (GFRs), 2017.
To:
The General Manager, Bank of India Star House-2, ‘G’ Block, Head Office, Digital Banking Department; 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051
Dear Sir, Ref: Your REP No.BOI/HO/ DBD/PBK / 2021-22/4 dated 12-07-2021 Bidder Name:…………………………………
We, M/s ------are a private/public limited company/LLP/Firm incorporated under the provisions of the Companies Act, 1956/2013 Limited Liability Partnership Act 2008/ Indian Partnership Act 1932, having our registered office at ------(referred to as the “Bidder”) are desirous of participating in the Tender Process in response to your captioned RFP and in this connection we hereby declare, confirm and agree as under:
a) We, the Bidder have read and understood the contents of the Office Memorandum & the Order (Public Procurement No.1) both bearing no. F.No.6/18/2019/PPD of 23rd July 2020 issued by Ministry of Finance, Government of India on insertion of Rule 144 (xi) in the General Financial Rules (GFRs) 2017 and the amendments & clarifications thereto, regarding restrictions on availing/procurement of goods and services, of any Bidder from a country which shares a land border with India and / or sub-contracting to contractors from such countries.
b) In terms of the above and after having gone through the said amendments including in particular the words defined therein (which shall have the same meaning for the purpose of this Declaration cum Undertaking), we the Bidder hereby declare and confirm that: * We, the Bidder are not from such a country which shares a land border with India, in terms of the said amendments to GFR, 2017. or *We, the Bidder are from such a country and has been registered with the Competent Authority i.e the Registration Committee constituted by the Department for Promotion of Industry and Internal Trade, as stated under Annexure I to the said Office Memorandum / Order and we submit the proof of registration herewith. (*Delete whichever is not applicable)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 130 of 191
c) We, the Bidders agree and undertake that if the contract is awarded to us, we will not sub-contract or outsource the contract and / or any part thereof unless such subcontract/ outsourcing is permitted by Bank of India in writing, in which case we shall not sub-contract or outsource the work to a contractor from such countries, unless such contractor is registered with the Competent Authority and proof of same is obtained.
2. We, the Bidders hereby confirm that we fulfill all the eligibility criteria as per RFP and are not ineligible from participating in the Tender in view of the above Office Memorandum and Order. We also agree and accept that if our declaration and confirmation is found to be false at any point of time including after awarding the contract, Bank of India shall be within its right to forthwith terminate the contract/ bid without notice to us and initiate such action including legal action against us. Bank shall also be within its right to forfeit the security deposits provided by us and also recover from us the loss and damages sustained by the Bank on account of the above.
3. This declaration cum undertaking is executed by us through our Authorized signatory/ies after having read and understood the Office Memorandum and Order (Public Procurement No.1) both bearing F.No.6/18/2019/PPD of 23rd July 2020 of Ministry of Finance, Department of Expenditure, Public Procurement Division, Government of India including the words defined in the said order (reproduced hereunder) which shall have the same meaning for the purpose of this Declaration cum Undertaking.
“ Definitions
"Bidder" for the purpose of this Order (including the term 'tenderer', 'consultant' `vendor' or 'service provider' in certain contexts) means any person or firm or company, including any member of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated hereinbefore, including any agency, branch or office controlled by such person, participating in a procurement process.
"Tender" for the purpose of this Order will include other forms of procurement, except where the context requires otherwise.
"Bidder from a country which shares a land border with India" for the purpose of this Order means: a) An entity incorporated, established or registered in such a country; or b) A subsidiary of an entity incorporated, established or registered in such a country; or c) An entity substantially controlled through entities incorporated, established or registered in such a country; or d) An entity whose beneficial owner is situated in such a country; or e) An Indian (or other) agent of such an entity; or f) A natural person who is a citizen of such a country; or g) A consortium or joint venture where any member of the consortium or joint venture falls under any of the above
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 131 of 191 "Beneficial owner" for the purpose of above will be as under:
(i) In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person(s), has a controlling ownership interest or who exercises control through other means. Explanation—
a. "Controlling ownership interest" means ownership of, or entitlement to, more than twenty-five per cent of shares or capital or profits of the company;
b. "Control" shall include the right to appoint the majority of the directors or to control the management or policy decisions, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements;
(ii) In case of a partnership firm, the beneficial owner is the natural person(s)who, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of capital or profits of the partnership;
(iii) In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals;
(iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is the relevant natural person who holds the position of senior managing official; (v)In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership.
"Agent" for the purpose of this Order is a person employed to do any act for another, or to represent another in dealings with third persons.”
Executed at……………. On this the …day of ………………………….
Authorised Signatory
M/s------
Signature and Name Seal of the Bidder
*Note: Where applicable, evidence of valid registration by the Competent Authority shall be attached.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 132 of 191
ANNEXURE-A
(to be submitted on company letter head by all Bidders participating in Reverse Auction)
Date: To,
The General Manager Digital Banking Department, 6th Floor, Star House-2, C-4, G-Block, Bandra Kurla Complex, Bandra East, Mumbai – 400 051.
Sir/Madam,
Acceptance of Reverse Auction Business Rules and Terms & conditions in respect of Tender
Your RFP Ref: BOI/HO/DBD/PBK /2021-22/4 Dated: - 12-07-2021
For procurement of 3000 Bar Code Passbook Kiosk
======We refer to the captioned subject and confirm that –
1) The undersigned is our authorized representative.
2) We have accepted and abide by all Terms of captioned Tender documents and Business Rules and Terms & conditions of Reverse Auction for the procurement for which RFP is floated.
3) Bank and Service Provider shall not be liable & responsible in any manner whatsoever for my / our failure to access & bid in Reverse Auction due to loss of internet connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen circumstances etc. before or during the auction event.
4) We understand that in the event we are not able to access the auction site, we may authorize Service Provider to bid on our behalf by sending a fax containing our offer price before the auction close time and no claim can be made by us on either Bank or Service Provider regarding any loss etc. suffered by us due to acting upon our authenticated fax instructions.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 133 of 191 5) I / We do understand that Service Provider may bid on behalf of other Bidders as well in case of above mentioned exigencies.
6) We also confirm that we have a valid digital certificate issued by a valid Certifying Authority.
7) We will participate in Reverse Auction conducted by ______(name of Service Provider) and agree to enter into an agreement with him (Service Provider) for making the process of Reverse Auction and its result legally binding on us.
8) We will email/fax duly signed filled-in prescribed format (Annexure-B ) as provided on case to-case basis, to Bank within 48 hours of end of Reverse Auction without fail.
9) We will give break-up of our last / lowest bid price as per Bill of Material at the end of Reverse Auction event within 48 hours without fail.
10) We undertake to supply at our final lowest bid price of Reverse Auction. In case of back out or not supply as per the rates quoted by us, Bank is free to take appropriate action against us and / or forfeit the Bid Security amount, debar us from participating in future tenders.
11) We nominate our official Shri ______Designation ______of our company to participate in Reverse Auction. We authorize Bank to issue USER ID & PASSWORD to him. His official e-mail & contact number are as under – Email :
Mobile : ------
Signature with company seal :
Name of Authorised Representative : Designation:
Email : Mobile :
Tel. No: Fax No.:
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 134 of 191
ANNEXURE-B
(to be submitted / email by Successful Bidder of Reverse Auction within 48 hours from the end of Reverse Auction event)
Date :
To, The General Manager Digital Banking Department, 6th Floor, Star House-2, C-4, G-Block, Bandra Kurla Complex, Bandra East, Mumbai – 400 051.
Sir/Madam,
Final / Lowest Bid Price quoted in Reverse held on ______in respect of Tender RFP Ref BOI/HO/ DBD/PBK/ 2021-22/4 dt 12-07- 2021 For Procurement of ______======
We confirm that the final total bid price quoted by us in the captioned Reverse Auction event for captioned tender is as under –
Rs. ( in figure) : ______
Rs. (in words): ______
We confirm that –
1) [ ] We enclose herewith the detailed break-up of above price as per Bill of Material OR [ ] We undertake to give detailed break-up of above bid price as per Bill of Material within 48 hours from the end-of Reverse Auction event.
2) Any variation between the on-line Reverse Auction bid price quoted by us and this document will be considered as sabotaging the tender process and will invite disqualification of Bidder/vender to conduct business with Bank as per prevailing procedure. In such case Bank is free to take appropriate
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 135 of 191 action and / or forfeit the Bid Security amount and / or debar him from participating in future
3) We are bound to supply at the above final bid price of Reverse Auction.
4) We note that in case of back out or not supply as per the above rates quoted by us, Bank will take appropriate action against us and / or forfeit our Bid Security amount and / or debar him from participating in future
Signature with company seal: Mobile :
Name of Authorised Representative : Tel. No :
Designation : Fax No :
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 136 of 191 Annexure-C: PROCESS COMPLIANCE FORM (REVERSE AUCTION)
(The Bidders are required to print this on their company’s letter head and sign, stamp before emailing to Service Provider)
To (Name & Address of Service Provider)
Sub: Agreement to the Process related Terms and Conditions For the Reverse Auction ------
Dear Sir,
This has reference to the Terms & Conditions for the Reverse Auction mentioned in the Tender document for procurement of Hardware against the Tender No. ______
This letter is to confirm that:
1) The undersigned is authorized representative of the company.
2) We have studied the Commercial Terms and the Business rules governing the Reverse Auction and the RFP as mentioned in your letter and confirm our agreement to them.
3) We also confirm that we have taken the training on the auction tool and have understood the functionality of the same thoroughly.
4) We confirm that _____(Bank) and _____(Service Provider) shall not be liable & responsible in any manner whatsoever for my/our failure to access & bid on the auction platform due to loss of internet connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen circumstances etc. before or during the auction event.
5) We understand that in the event we are not able to access the auction site, we may authorize _____ (Service Provider) to bid on our behalf by sending a fax containing our offer price before the auction close time and no claim can be made by us on either _____ (Bank) or _____ (Service Provider) regarding any loss etc. suffered by us due to acting upon our authenticated fax instructions.
6) I/we do understand that _____(Service Provider) may bid on behalf of other Bidders as well in case of above mentioned exigencies.
7) We also confirm that we have a valid digital certificate issued by a valid Certifying Authority.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 137 of 191 8) We also confirm that we will fax the price confirmation & break up of our quoted price as per Annexure B as requested by _____ (Bank) / _____ (Service Provider) within the stipulated time.
We, hereby confirm that we will honour the Bids placed by us during the auction process.
With regards,
Signature with company seal
Name –
Company / Organization –
Designation within Company / Organization –
Address of Company / Organization –
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 138 of 191
ANNEXURE–D: TENTATIVE STATE WISE LIST OF PBKS PROPOSED TO BE DEPLOYED
STATE Kiosk Count ANDRA PRADESH 15 ANDAMAN & NICOBAR ISLANDS 1 ARUNACHAL PRADESH 2 ASSAM 2 BIHAR 225 CHATTISGARH 20 CHANDIGARH 10 DADAR & NAGAR HAVELI & DAMAN AND DIU 1 GOA 40 GUJARAT 200 HARYANA 30 HIMACHAL PRADESH 10 JAMMU KASHMIR 5 JHARKHAND 260 KARNATAKA 55 KERALA 40 MADHYA PRADESH 250 MAHARASHTRA 700 MANIPUR 1 MEGHALAYA 1 MIZORAM 1 NAGALAND 1 NEW DELHI 90 ODISHA 90 PUDUCHERRY 6 PUNJAB 130 RAJASTHAN 50 SIKKIM 2 TAMILNADU 200 TELANGANA 60 TRIPURA 2 UTTARAKHAND 10 UTTAR PRADESH 210 WEST BENGAL 280 Total 3000
The above sites are only indicative, the proportion may change as per Bank’s requirement and also for Regional Rural Banks sponsored by Bank of India.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 139 of 191
ANNEXURE-E: TENTATIVE ZONE WISE LIST OF PBKS PROPOSED TO BE DEPLOYED
Tentative PBK Tentative PBK Zone Zone Count Count AGRA 45 KOLHAPUR 60 AHMEDABAD 80 KOLKATA 110 AMRITSAR 60 LUCKNOW 30 BARDHAMAN 50 LUDHIANA 65 BENGALURU 30 MADURAI 80 BHAGALPUR 75 MUMBAI NORTH 76 BHOPAL 60 MUMBAI SOUTH 65 BHUBANESWAR 25 MUZAFFARPUR 35 BOKARO 55 NAGPUR 120 CHANDIGARH 40 NASIK 50 CHENNAI 60 NAVI MUMBAI 75 COIMBATORE 60 NEWDELHI 90 DEHRADUN 10 PATNA 90 DHANBAD 50 PUNE 60 GANDHINAGAR 15 RAIGAD 30 GHAZIABAD 55 RAIPUR 20 GOA 40 RAJKOT 60 GUWAHATI 10 RANCHI 50 HAZARIBAGH 50 RATNAGIRI 50 HOWRAH 60 SAMBALPUR 15 HUBBALLI- 30 SILIGURI 50 DHARWAD INDORE 70 SOLAPUR 50 JABALPUR 25 TELANGANA 55 JAIPUR 25 UJJAIN 60 JAMSHEDPUR 55 VADODARA 55 JODHPUR 25 VARANASI 35 KANPUR 55 VIDARBHA 90 KEONJHAR 50 VIJAYAWADA 20 KERALA 35 VISAKHAPATNAM 14 KHANDWA 40 TOTAL 3000
The above sites are only indicative, the proportion may change as per Bank’s requirement.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 140 of 191
Annexure-G: CERTIFICATE OF INFORMATION SECURITY MEASURES IMPLEMENTED BY BIDDER /SERVICE PROVIDER
Date:
M/s.------
------
S. No IS Measures Implemented Compliance (Yes / No) 1 Whether the Bidder has Information security policy in place with periodic reviews? a. Business Continuity Management b. Backup management c. Desktop/system/server/network Whether the device hardening with baseline Bidder has controls operational d. Patch Management 2 processes with e. Port Management Media periodic review, Movement including but f. Log Management not limited to: g. Personnel Security h. Physical Security i. Internal security assessment processes
3 Whether a proper documented change management process has been instituted by the Bidder? 4 Whether the Bidder has a documented policy and process of Incident management /response? a. Firewall Whether the b. WAF bidder’s c. IDS/IPS 5 environment is d. AD suitably e. AV protected from f. NAC
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 141 of 191
S. No IS Measures Implemented Compliance (Yes / No) external threats by way of: g. DLP h. Any other technology
6 Whether rules are implemented on Firewalls of the bidder environment as per 7 Whetheran approved firewall process? rule position is regularly monitored for presence of any vulnerable open port or any-any rule? 8 Whether proper log generation, storage, management and analysis happens for the 3rd party application?
Is the bidder maintaining all logs for forensic a. Web readiness related to: b. Application 9 c. DB d. Configuration e. User access 10 Whether the bidder maintains logs for privileged access to their critical 11 Whethersystems? privilege access to the bidder environment is permitted from internet? 12 Whether the bidder has captive SOC or Managed Service SOC for monitoring their systems and operations? 13 Whether the 3rd party environment is segregated into militarized zone (MZ) and demilitarized zone (DMZ) separated by Firewall, where any access from an external entity is permitted through DMZ only? Whether bidder has deployed secure a. Production environments for their applications for : b. Disaster recovery c. Testing environments 14
Whether the bidder follows the best a. Web 15 b. App c. DB
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 142 of 191 S. No IS Measures Implemented Compliance (Yes / No) practices of d. Critical applications creation of e. Non-Critical applications separate network f. UAT zones (VLAN Segments) for: 16 Whether the bidder configures access to officials based on a documented and approved Role Conflict Matrix? Whether Internet a. Internal servers 17 access is b. Database servers permitted on: c. Any other servers 18 Whether the bidder has deployed a dedicated information security team independent of IT, reporting directly to MD/CIO for conducting security related functions & operations? 19 Whether CERT-IN Empaneled ISSPs are engaged by the bidder for ensuring security posture of their application? 20 Whether quarterly vulnerability assessment and penetration testing is being done by the bidder for their infrastructure? 21 Whether suitable Security Certifications (ISO, PCI- DSS etc.) of the security posture at bidder environment are in place? 22 Whether the bidder has deployed any open source or free software in their environment? If yes, whether security review has been done for such software? 23 Bidders agrees that the data shared with them by the bank will be owned by Bank of India (BOI = Information Owner) 24 Bidder agrees that permission will be taken from bank if the data is of sensitive nature? 25 Bidder agrees that the requirement and the data fields to be stored by them will be approved by Information Owner 26 Where shared, whether the bare minimum data only is being shared? (Please document the NEED for sharing every data field)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 143 of 191
S. No IS Measures Implemented Compliance (Yes / No) 27 Bidder agrees that the data shared with them will be encrypted as per industry best standards with robust key management 28 Whether the bidder is required to store the data owned by Bank Of India 29 Whether any data which is permitted to be stored by the bidder will be completely erased after processing by the bidder at their end 30 Whether the data shared with the bidder is stored with encryption (Data at rest encryption) 31 Whether the data storage technology (Servers /Public Cloud/ Tapes etc.) has been appropriately reviewed by IT AO 32 Whether the bidder is required to share BOI specific data to any other party for any purpose 33 Whether a system of obtaining approval by the bidder from the IT Application Owner is put in place before carrying out any changes 34 Bidder agrees that it will not take any crucial decisions on behalf of BOI without written approval from IT Application Owner If not, are such instances being monitored? 35 Bidder agrees that it gives authority to Information owner to verify if the bidder has implemented efficient and sufficient preventive controls to protect BOI’s interests against any damage under section 43 of IT Act.
Signature
Seal of Company
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 144 of 191 ANNEXURE-H : PENALTIES & SLA TERMS
i. Delivery of all equipment should be within 4 months from date of acceptance of Purchase order or providing site details by HO, whichever is later. In the event of the any or all equipment(s) not being delivered, installed, tested and commissioned within a period of 4 months from date of acceptance of Purchase Order or receiving site details, a penalty of one (1) percent of the total cost of equipments for each week or part thereof the delay, subject to maximum amount of ten (10) percent of the total cost of equipments will be charged to vendor. This amount of penalty so calculated shall be deducted at the time of making final payment after successful installation and commissioning of hardware.
ii. The Vendor warrants that the products supplied under the Contract are new, unused, of the most recent or current model and they incorporate all recent improvements in design and / or features. The Vendor further warrants that all the Products supplied under this Contract shall have no defect, arising from design or from any act of omission of the Vendor that may develop under normal use of the supplied products in the conditions prevailing in India. If the product is found to be defective with in the first 90 days after installation then the Vendor should replace the product within 30 days of intimation at no extra cost to the bank.
iii. Warranty for Hardware Components: Onsite comprehensive warranty for all the hardware components including free replacement of spares, parts, kits will be for the entire duration of Contract (Warranty plus AMC period). iv. Warranty for the System Software/off-the-shelf Software will be provided to the Bank as per the general conditions of sale of such software.
v. The Vendor shall in addition comply with the performance guarantees specified under the Contract. If, for reasons attributable to the Vendor, these guarantees are not attained in whole or in part the Vendor shall make such changes, modifications and / or additions to the Products or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests. vi. On-site comprehensive warranty: The warranty would be on-site and comprehensive in nature and back to back support from the OEM. The vendor will warrant all the hardware and software against defects arising out of faulty design, materials and media workmanship etc. for a period of one year from the date of acceptance of the hardware and software. The vendor will provide support for Operating Systems and other preinstalled software components during the warranty period of the hardware on which these software & operating system will be installed. The Vendor shall repair or
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 145 of 191 replace worn out or defective parts including all plastic parts of the equipment at his own cost including the cost of transport. vii. During the term of the contract, the VENDOR will maintain the equipment in perfect working order and condition and for this purpose will provide the following repairs and maintenance services:
a) Free maintenance services during the full period of contract. Professionally qualified personnel who have expertise in the hardware and system software supplied by the vendor will provide these services.
b) The Bidder shall rectify any defects, faults and failures in the equipment and shall repair/replace worn out or defective parts of the equipment during working hours on all working days (viz. Monday to Saturday). In case any defects, faults and failures in the equipment could not be repaired or rectified during the said period, the engineers of the VENDOR are required to accomplish their duties beyond the said schedules in case of any situation if it warrants. In cases where unserviceable parts of the equipment need replacement, the VENDOR shall replace such parts, at no extra cost to the BANK, with brand new parts or those equivalent to new parts in performance. For this purpose the VENDOR shall keep sufficient stock of spares at Bank’s premises and at the premises of The VENDOR.
c) The maximum response time for a maintenance complaint from the site of installation (i.e. time required for Vendor’s maintenance engineers to report to the installations after a request call / fax /e- mail is made or letter is written) shall not exceed 4 hours.
d) The VENDOR shall ensure that faults and failures intimated by Bank as above are set right within 6 hours of being informed of the same. In any case the equipment should be made workable and available not later than the Next Business Day.
e) The VENDOR shall ensure that the full configuration of the equipment is available to the BANK in proper working condition viz. uptime of 98% of the time on a 24 x7 x365 basis.
f) For purpose of calculating penalty, uptime is calculated as under :
Uptime (%) =
Sum of total hours during month - Sum of downtime hours during month X 100 Sum of total hours during the month
Total hours during the month= No. of working days x 8 hours Downtime will be considered as per Bank’s Real Time Monitoring Tool
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 146 of 191 g) Penalties for SLA uptime shall be as under:
S Uptime Penalty N Range o.
1. 97-98% 20% of pro rata AMC for the quarter 2. 96-97% 30% of pro rata AMC for the quarter
3. Less than 96% 40% of pro rata AMC for the quarter
In addition to this, if down time of a call exceeds 24 hours, the penalty of Rs 100/- (Rupees One Hundred only) per hour (for hours beyond 24 hours) will be charged. This penalty will be levied irrespective of the total downtime of the kiosks. However, the total penalty on account of downtime cannot be more than 50% of AMC for the quarter for the Zone. It is hereby clarified that the maximum penalty is for all the PBKs put together for each Zone and not to be capped at per PBK level. The penalty applicable for first year warranty will be deducted from the subsequent AMCs. Any penalty due during the Warranty period will be adjusted against the 20% retention money retained by the Bank or PBG or subsequent AMCs. h) The VENDOR shall ensure that the meantime between failures (including any malfunctioning, breakdown or fault) in the equipment or any part thereof, as calculated during any and every quarter (period of three consecutive months) is not less than 90 days. i) Preventive maintenance: the VENDOR shall conduct Preventive Maintenance (including but not limited to inspection, testing, satisfactory execution of all diagnostics, cleaning and removal of dust and dirt from the interior and exterior of the equipment, and necessary repair of the equipment) once within first 15 days of the installation and once within the first 15 days of every alternate month during the currency of this agreement on a day and time to be mutually agreed upon. Notwithstanding the foregoing the VENDOR recognizes Bank’s operational needs and agrees that Bank shall have the right to require the VENDOR to adjourn preventive maintenance from any scheduled time to a date and time not later than 15 working days thereafter. During the preventive maintenance Antivirus Software to be updated with latest upgrades/patches. The same shall be provided by the bank.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 147 of 191 j) All engineering changes generally adopted hereafter by the VENDOR for equipment similar to that covered by this AGREEMENT, shall be made to the equipment at no cost to the Bank.
k) Qualified maintenance engineers totally familiar with the equipment shall perform all repairs and maintenance service described herein.
l) The Bank shall maintain a register at its site in which, the Bank’s operator / supervisor shall record each event of failure and / of malfunction of the equipment. The VENDOR’s engineer shall enter the details of the action taken in such register. Additionally every time a preventive or corrective maintenance is carried out, the VENDOR’S engineer shall make, effect in duplicate, a field call report which shall be signed by him and thereafter countersigned by the Bank’s official. The original of the field call report shall be handed over to the Bank’s official
m) The VENDOR shall provide replacement equipment if any equipment is out of the premises for repairs.
n) It is expected that the VENDOR provides good quality hardware/ software which do not fall out of order frequently. Therefore, the maximum number of hardware related complaints in a year should not be more than Six times of the number of kiosks installed. If this condition is breached, then there will be a penalty of Rs 1 lac. The number of complaints as well as the penalty will be calculated for each Zone.
o) All the kiosks should be connected to RMMS all the time. A penalty of Rs 100/- per day per kiosk to be levied if a kiosk is not connected to RMMS/RTMT for 3 days. The penalty will be calculated from 4th day till the kiosk is connected back with RMMS/RTMT. viii. Any worn or defective parts withdrawn from the equipment and replaced by the VENDOR shall become the property of the VENDOR and the parts replacing the withdrawn parts shall become the property of Bank. ix. The VENDOR’s maintenance personnel shall, be given access to the equipment when necessary, for purpose of performing the repair and maintenance services indicated in this agreement.
x. However if Bank desires to shift the equipment to a new site and install it thereof urgently, the VENDOR shall be informed of the same immediately. The Bank shall bear the charges for such shifting and the VENDOR shall provide necessary arrangement to Bank in doing so. The terms of this
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 148 of 191 agreement, after such shifting to the alternate site and reinstallation thereof would continue to apply and binding on the VENDOR.
xi. Bank shall arrange to maintain appropriate environmental conditions, such as those relating to space, temperature, power supply, dust within the acceptable limits required for equipment similar to that covered by this Agreement.
xii. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to or waiver of a breach by other, whether express or implied, shall not constitute a consent to or waiver of or excuse for another different or subsequent breach.
xiii. If, in any month, the VENDOR does not fulfill the provisions of clauses vii. (b), (c), (d), (e) and (h) only the proportionate maintenance charges for that period during the month will be considered payable by Bank without prejudice to the right of the Bank to terminate the contract. In such event the VENDOR was credited without deducting the proportionate maintenance charges for that month, the Bank can deduct the same from future payments payable or the VENDOR shall refund the amount forthwith to Bank on demand by Bank. xiv. On account of any negligence, commission or omission by the engineers of the VENDOR and if any loss or damage caused to the Equipment, the VENDOR shall indemnify/pay/reimburse the loss suffered by the BANK.
xv. On account of any negligence, commission or omission by the engineers/ employees of the VENDOR and if any data breach or incident resulting into any type of loss to BOI, the VENDOR shall indemnify/pay/reimburse the loss suffered by the BANK equivalent to the actual loss incurred by bank or 20% of total cost of ownership (TCO) / Total Contract value, whichever is lower. The bank also reserves the right to adjust the above amount against the pending payments under this contract or to invoke PBG. The bank will give 30 days’ cure period to the vendor to implement necessary security measures at kiosks’ end to prevent the occurrence of similar incident in future. xvi. Future additions of Hardware / Software:
a) The Bank would have the right to:
i. Shift supplied systems to an alternative site of its choice. ii. Disconnect / connect / substitute peripherals such as printers, etc. or devices or any equipment / software acquired from another vendor.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 149 of 191 iii. Expand the capacity / enhance the features / upgrade the hardware / software supplied, either from the vendor, or another vendor, or developed in-house. Provided such changes or attachments do not prevent proper maintenance, from being performed or unreasonably increase the VENDOR cost of performing repair and maintenance service.
b) The warranty terms would not be considered as violated if any of (i), (ii) or (iii) above takes place. Should there be a fault in the operations of the system, the vendor, would not unreasonably assume that the causes lie with those components / software not acquired from them. xvii. In the event of failure of the Service Provider to render the Services or in the event of termination of agreement or expiry of term or otherwise, without prejudice to any other right, the Bank at its sole discretion may make alternate arrangement for getting the Services contracted with another vendor. In such case, the Bank shall give prior notice to the existing Service Provider. The existing Service Provider shall continue to provide services as per the terms of contract until a ‘New Service Provider’ completely takes over the work. During the transition phase, the existing Service Provider shall render all reasonable assistance to the new Service Provider within such period prescribed by the Bank, at no extra cost to the Bank, for ensuring smooth switch over and continuity of services. If existing vendor is breach of this obligation, they shall be liable for paying a penalty on demand to the Bank, which may be settled from the payment of invoices or Performance Bank Guarantee for the contracted period. xviii. ANNUAL MAINTENANCE CONTRACT FOR 4 YEARS
a) After the expiry of initial Warranty Service Period of 1 (One) year, Annual Maintenance Contract for a period of 4 (four) years shall be effective and AMC shall be charged @15% of the total cost of Kiosks. The payment for this service would be made quarterly at the end of each quarter. The AMC prices are exclusive of GST which will be paid at actuals by the Bank. The AMC services are to be provided on a 24*7 basis.
b) During the warranty and AMC period, any spare cost has to be borne by the bidder. No additional call charges or labour charges are payable when spares are replaced during the warranty period and maintenance period.
c) AMC period shall cover free supply and replacement of spares, components, devices as well as labour except consumable items (like ribbons) required to repair a malfunctioning of endpoint caused due to any reason (including but not limited to flood, earthquake, natural calamities and vandalism cases, man handling, short circuit, fire, damage, voltage fluctuation, electrical malfunctioning, destruction, theft, burglary, sacking etc) and restore it to good operating condition
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 150 of 191 without any additional cost to the Bank. Vendor may obtain suitable insurance to cover their liabilities under this clause. However, the Vendor shall not link claim of insurance to the provisioning of services under this clause, to operationalize the endpoint. AMC period includes software support (and software reload) only to the extent required to repair failed or malfunctioning hardware. Further, it covers, inter-alia, free provision of spares, parts, kits, software, devices, drivers, as and when necessary to ensure that endpoint function in a trouble-free manner. Vendor shall correct any faults and failures caused due to any reason, in the equipment and shall repair and replace worn out defective parts of the endpoint as and when requested by the Bank. Unserviceable spares, components, devices of the endpoint caused due to any reason should be replaced free of cost by endpoint provider within the aforesaid response/resolution time (if it affects/impacts the operation of the endpoint) and within two working days (if it does not impact the operation of Endpoint). xix) Other terms: a) The successful Bidder shall have to enter into “Service Levels Agreement” having all terms and conditions of this RFP to maintain uptime and provide the service support and onsite support during the entire contract period. b) Any technical glitch/ issue in installed infrastructure of the solution (i.e. System and software, OS/DB etc.) should be attended on priority and should be covered under warranty/AMC. c) The issue/ break down message may be communicated to the Bank team by way of alert email/ over phone / email/ call logging. d) Definition of terms used in this section is as follows:
a. “Downtime” shall mean the time period for which the specified services / components with specified technical and service standards are not available to Bank and excludes the scheduled outages planned in advance and the bandwidth link failures within SLA limits agreed with network service providers.
b. “Incident” refers to any event / abnormalities in the functioning of the equipment / specified services that may lead to deterioration, disruption in normal operations of Banks services.
c. “Resolution Time” shall mean the time taken in resolving (diagnosing, trouble shooting and fixing) an incident after it has been reported to the selected bidder through verbal/email/phone/SMS/other electronic form. The resolution time shall vary based on the category of the incident reported at the service desk.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 151 of 191 d. "Scheduled operation time" means the scheduled operating hours of the System for the month. All planned downtime on the system would be deducted from the total operation time for the month to give the scheduled operation time.
e. "System downtime" subject to the SLA, means accumulated time during which the System is not available to the Bank‘s users or customers due to in-scope system or infrastructure failure, and measured from the time the Bank and/or its customers log a call with the Bidder of the failure or the failure is known to the Bidder from the availability measurement tools to the time when the System is returned to proper operation. Any denial of service to the Bank users and Bank customers would also account as “System downtime”. e) The business hours are 24X7 on any calendar day. f) Typical Resolution time will be applicable if systems are not available to the Bank‘s users and customers and there is a denial of service. g) For penalty calculation, the total time elapsed between the intimation of break down message from Bank side to the vendor and receipt of rectification message from the Bidder to Bank side will be considered. h) During the warranty period, the penalty will be deducted from payment. In case, Bank is unable to adjust penalty from payment, the Bank at its discretion may invoke the Performance Bank Guarantee (PBG) to deduct the penalty amount. i) Post warranty period, the penalty will be deducted in quarterly FMS/AMC/ATS payment. In case, the Bank is unable to adjust penalty in FMS/AMC/ATS payment, the Bank at its discretion may invoke the Performance Bank Guarantee (PBG) to deduct the penalty amount. j) If the support services is not provided and/or satisfactory services are not provided, the Bank with its discretion may reject the proposal / terminate the contract, without assigning any reason. k) For calculation of uptime (penalty), planned/ scheduled down time will be exempted. Bank will pay the Bidder after deducting the calculated penalty from the payable amount. l) If any critical component of the entire configuration setup is out of service, then the Bidder & OEM shall either immediately replace the defective unit (with new one) or replace it at its own cost or provide a standby, on immediate basis, not more than 4 hours, the Bidder should maintain proper inventory of standby components for early resolution of issues.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 152 of 191 m) If the Bidder, having been notified, fails to remedy the defect(s) within the 4 hours’ time duration from the incident, the Bank may proceed to take such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights, which the Bank may have against the supplier under the Contract. n) The Bidder should comply with the security and audit standards of the Bank and various regulatory guidelines. For this, the Bidder should apply new patches related to OS/ firmware & BIOS updates etc. without any additional cost to the bank, during the contract period. o) For all issues related to installed infrastructure/ Software, RCA (Root Cause Analysis) to be provided by the respective OEM within 2 working days. The delay in submission will lead to penalty @ Rs. 500/-day. p) Replacement/ Repair of faulty part of provided Solution, Appliance and all other components- All defective parts/ faulty shall be replaced as part of maintenance at no additional cost by the Bidder. Replacement parts shall be new part from the same manufacturer(s) (OEM). Whether a defective item or component is to be replaced or repaired shall be at the sole discretion of the bank. In the case of a part, the defective part removed from the system will become the property of the selected Bidder. q) Response Time: Maximum Response Time for Remedial Maintenance under the CONTRACT is measured in elapsed coverage hours from the time a service request is received to the time THE VENDOR’s customer engineer arrives at Bank Site.
RPO and RTO – The RPO and RTO service levels will be measured by using Automated Recovery Management Tool , Vendor to ensure the measuring is done as per SLA and the reports are provided on a monthly basis. RPO=A recovery point objective (RPO) is the maximum acceptable amount of data loss measured in time.
RTO=The minimum estimated time required to resume normal operations after a disaster, known as the recovery time objective (RTO).
At present Recovery Point Objective (RPO) is Zero and Recovery Time Objective (RTO) is 60 minutes, subject to change as per Bank’s BCP Policy.
i. Integration with all IT/ Security Solutions procured by the Bank as per RBI Guidelines time to time; along with integration with any solutions / product / application without any additional cost to the bank.
ii. Integration with all of the Banks interfaces at no extra cost to the Bank.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 153 of 191 XX: Other penalties:
Manpower Management Manpower Services The bidder has to provide ● Penalty of Rs. 1500 per day experienced and certified & Rs 1800 for absence per manpower at Bank premises day for each L1 and L2 as per RFP. Any gap will resources respectively in attract penalties. addition to deduction of relevant day’s unit cost of the resource. ● Penalty of Rs. 2000 per day for absence per day for L3. resource in addition to deduction of relevant day’s unit cost of the resource. The bidder has to replace ● Penalty of Rs. 1500 per day the manpower if specially & Rs 1800 for delay in joining asked by the Bank within a of new resource as period of one month. A delay replacement for L1 & L2 beyond next Month billing resource respectively in cycle will attract the penalty. addition to deduction of relevant day’s unit cost of the resource. ● Penalty of Rs.2000 per day for delay in joining of new resource as replacement for L3 resource in addition to deduction of relevant day’s unit cost of the resource. Patching / Security Vulnerability Compliance Management Version Upgrade The Operations Team has to For breaches of Version Major/ Minor for all have version upgrades of all upgrade – Software / Solution / underlying software /Middleware /Middleware as per ● Penalty of Rs.500 per day for respective OEM delay in version upgrade of recommendations & Publish (OS, Server, Solution, the Quarterly version protocol etc.) per day. upgrade calendar for the same. Failure to comply with the Version upgrade calendar will attract penalties. Patching of solution/ All underlying hardware / For breaches for patches – Hardware / Software software /Middleware to be ● Penalty of Rs.500 per day / Middleware patched as per respective for delay in applying of each OEM recommendations. patch as per Failure to comply with the security/statuary/ OEM Patch calendar will attract recommendations. penalties. Closure of VA / PT , All identified vulnerabilities For breaches for timelines and SCD Points on over underlying hardware / under Critical & High software /Middleware to be Category
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 154 of 191 all Software / patched as per respective – Penalty of Rs.500 per day per Hardware/Middleware OEM recommendations. vulnerability for delay in Failure to close these calls mitigation/ fixing vulnerabilities. within timelines given below will attract penalties based For breaches for timelines on criticality of calls. under Medium Category – The timelines for –Penalty of Rs.500 per day per vulnerabilities as per present vulnerability for delay in CISP Policy is as follows mitigation/ fixing vulnerabilities. (which may change from time to time) For breaches for timelines a) Publically Exposed under Low Category – Assets(public facing): –Penalty of Rs.500 per day per Critical – within 2 vulnerability for delay in calendar days of mitigation/ fixing vulnerabilities. discovery. High - within 10 calendar days of discovery. Medium Vulnerability - Within 15 calendar days of discovery Low Vulnerability - Within 20 calendar days of discovery
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 155 of 191
Annexure-I: Service Support Details form
Zone Name : City / Office Working Number Owned or Location Postal Hours of Franchisee Address, (Please mention Software . Telephone, whether Engineer Fax, E- the s capable Mail and Support Agency is of Contact Owned or supportin Details of Franchisee g the Support arrangement) Software Agra Personnel being Ahmedabad offered Amritsar Bardhaman Bengaluru Bhagalpur Bhopal Bhubaneswar Bokaro Chandigarh Chennai Coimbatore Dehradun Dhanbad Gandhinagar Ghaziabad Goa Guwahati Hazaribagh Howrah HubballiDharw Indoread Jabalpur Jaipur Jamshedpur Jodhpur Kanpur Keonjhar Kerala Khandwa Kolhapur Kolkata Lucknow Ludhiana Madurai
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 156 of 191 Mumbai North Mumbai South Muzaffarpur Nagpur Nasik Navi Mumbai New Delhi Patna Pune Raigad Raipur Rajkot Ranchi Ratnagiri Sambalpur Siliguri Solapur Telangana Ujjain Vadodara Varanasi Vidarbha Vijayawada Visakhapatnam
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 157 of 191
Annexure-J: SOFTWARE INTEGRITY CERTIFICATE
------On letter Pad of the organization------
To Bank of India
INTEGRITY STATEMENT
This is to certify that our product ……………………………, Version: ………………………… (Hash Value -…………………………………………………………), developed by and a copyright of …………………………………………….. follows standard secure coding practices and has been tested and certified for the following checks: i. That the application/ Module has undergone the required level of unit, system, stress and volume tests and is free of any obvious bugs. ii. That the software/ Module is tested with anti-virus/anti-malware software and is free of any known virus/malwares at the time of sale. iii. That the application/ Module is free of any covert channels in the code being provided and subsequent modifications to be done on them. iv. We have evaluated the cryptographic implementation and have ensured that only cryptographic modules based on authoritative standards and reputable protocols are used. v. We confirm that Source code audit (SAST) & Application security testing (DAST) is carried out on supplied code and there are no OPEN vulnerabilities through Cert- In empaneled vendor/ In-House Security Team. vi. We confirm that we are conducting secure coding training programs for our software developers/testers on periodical basis.
We also confirm that the above practices will be met by us for all the changes that we make in the application/ module on a regular basis.
Authorized Signatory Name - Date: …………………..
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 158 of 191
Annexure-K : AGREEMENT FOR BAR CODE BASED PASSBOOK PRINTING KIOSK
THIS AGREEMENT (“this Agreement”) is made and entered on ____ day of ____ between BANK OF INDIA (the “BOI/ Outsourcer”) & M/s ______(the Vendor/ “Service Provider”))
This Agreement is made and executed by both Parties at Mumbai.
BANK OF INDIA, a body corporate constituted under the Banking Companies (Acquisition of Transfer of Undertakings) Act, 1970 and is licensed to carry the business of banking by RBI under the Banking Regulations Act, 1949 and is a Scheduled Commercial Bank having its Head Office at Star House, C-5, G Block, Bandra Kurla Complex, Bandra East, Mumbai – 400 051, hereinafter referred to as “Bank” or “BOI” or “Outsourcer” (which term shall, unless repugnant to the context or meaning hereof, be deemed to mean and include its successor-in-interest and assigns) of the ONE PART (Bank).
AND
______, is a company registered under the provisions of the Companies Act, 1956 and continues to be in existence under the provisions of the Companies Act, 2013 having CIN No:______and is in the business of providing various outsourcing services to Banks and Financial Institutions, and having its registered office at ______(hereinafter referred to as “Service Provider”/ “Vendor” which terms unless it is repugnant to the context shall mean and include its successors and Assignees, and permitted assigns) , of the OTHER PART (Successful Bidder/Vendor).
The “Outsourcer/“Bank”/BOI” and the Service Provider/ “Vendor” shall, wherever the context requires, be referred to individually as “Bank” and “Successful Bidder/Vendor” respectively and collectively as “Parties” hereto.
WHEREAS
A. The Bank/ BOI is in the business of banking for 115 number of years and is providing banking services to its customers since then. Bank of India is a Pan-India bank having 5084 number of branches spread across the length and breadth of India. B. Whereas, with the migration of customer services from manual to digital platform and with the shifting of core banking operations to a digital platform it has become necessary for the Bank to provide various services based on digital platform to its customers and accordingly the bank has taken a decision to install bar code based passbook printing kiosk across India to enable its customers to easily get their passbooks printed through the said kiosk.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 159 of 191
C. And whereas accordingly the Bank has put up a proposal inviting those service providers who have the expertise, experience and financial ability apart from the necessary technical know-how to undertake the activity of supply, installation and commissioning and maintenance of pass book kiosks at metro, urban, semi – urban, rural branches and E-galleries and those linked to Regional Rural Banks (RRBs) sponsored by BOI.
D. Whereas For the said purpose, the Bank had invited Bids from Competent Vendors/ Service Provides by floating a comprehensive document namely Request for Proposal / by floating Request for Proposal No. Ref: BOI/HO/DBD/PBK/2021-22/4 Dated: - 12-07-2021 (HEREIN AFTER REFERRED to as RFP).
E. And whereas in response the said RFP, (Successful Bidder/Vendor) submitted its bid in accordance with the terms contained in the RFP.
F. And whereas since the (Successful Bidder/Vendor)’s bid stood as L1 post the reverse auction, (Successful Bidder/Vendor) was selected to execute the said contract subject to the fulfilment of the terms and conditions stipulated in the RFP as also those stipulated in this agreement and also those conditions which may be stipulated in the course of the period of service provision.
G. (Successful Bidder/Vendor) is aware and confirms that the period for which the contract of service is awarded shall be for a period of 5 years as prescribed in the RFP Document and which will be particularly stated in this agreement.
H. And whereas the Successful Bidder/Vendor has represented in response to the Bid and RFP that the Successful Bidder/Vendor has sufficient expertise, experience and financial ability apart from the necessary technical know-how to execute such projects and has further represented that the Successful Bidder/Vendor has undertaken such projects for various other banks and financial institutions and carries an impeccable record in the said area.
I. And Whereas, Bank believing the same to be true, correct and complete and solely based on affirmations and documents submitted along with the Bid documents to substantiate the said statements, Bank has agreed to award the contract for procurement, installation and commissioning and maintenance of the pass book kiosk at the designated areas more particularly stipulated in the schedule to this agreement with respect to the branches of Bank in metro, urban, semi urban, rural branches and e-galleries and RRBs sponsored by Bank on such terms and conditions and cost as agreed to in pursuance to the bid document submitted and those finding place in this agreement.
J. NOW THEREFORE, for and in consideration of the foregoing, and the mutual covenants and representations, and conditions set forth below, the Parties hereto, intending to be legally bound, hereby agree as follows:
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 160 of 191
ARTICLE 1 Definitions and Interpretation
The recitals, Schedules and Annexures to this agreement and the RFP along with its addendum, corrigendum, clarifications, if any, shall form part of this agreement as if incorporated in verbatim in the body of this agreement and shall be binding on the Parties.
In this Agreement and Annexures each word or phrase listed below has the meaning designated.
1.1 Definitions
(a) “Affiliate” shall mean any other person directly or indirectly Controlling, Controlled by or under Common Control with such party. Control (including with correlative meanings, the terms "controlled by" and "under common control with") as applied to any person, shall mean the possession, directly or indirectly of the power to direct or cause direction of the management of that person whether through ownership of voting securities or otherwise.
(b) “Agreement” shall mean this agreement, together with the RFP (together with its annexures, addendum and clarifications if any) and the Annexures to this Agreement and any mutually agreed modifications in writing to this Agreement;
(c) “Confidential Information” shall mean and include all non-public information of BOI and its Customers which is accessible by or is made available to the Vendor whether in writing, oral, graphic, visual or any other tangible, intangible or electronic form including, without limitation, any and all information relating to BOI’s and/or its client’s/customers (whether past, present, or future) business, technical or financial information, financial data, financial results and projections, costs and prices, details of suppliers, retainers, employees and consultants (past, present or prospective), technologies, technical and business strategies, business and marketing plans, marketing and sales techniques, pricing and other strategies, computer programs, software tools, source codes, object codes, protocols, product descriptions, development schedules, product positioning, choices of product names, trade secrets or know how, customer information and Intellectual Property Rights as well as any such information not generally known to third parties or received from others that such Party is reasonably expected to treat as confidential.
(d) “Contract” shall mean the work to carry out the engagement as per the scope mentioned herein and in the RFP.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 161 of 191 (e) “Customer” shall for the purpose of this agreement mean the customers of the Bank both present and future and shall include the Banks staff and those persons/third parties who have access the Web Applications.
(f) ‘Class –I Local Supplier’ means a supplier or service provider, whose products or services offered for procurement, has local content equal to or more than 50% as defined in the Preference to Make in India, Order 2017 (PPP –MII Order).
(g) ‘Class –II Local Supplier’ means a supplier or service provider, whose products or services offered for procurement, has local content more than 20% but less than 50% as defined in the Preference to Make in India, Order 2017 (PPP –MII Order).
(h) ‘Non Local Supplier’ means a supplier or service provider, whose product or service offered for procurement, has local content less than or equal to 20% % as defined in the Preference to Make in India, Order 2017 (PPP –MII Order).
(i) “Data Protection Bill” shall mean the Data Protection Bill 2019 pending before the Parliament of India.
(j) “Payments” or “Fees” means all payments to be made by the Bank to the Vendor as per the Payment Terms stated in Article III of this Agreement hereto.
(k) “Deliverables and Services” means all the deliverables and services to be provided/performed by the Vendor to the Bank under this Contract which are more particularly stated in Annexure IV of this Agreement.
(l) “RFP” shall mean collectively the Request for Proposal bearing Ref: BOI/HO/ DBD/PBK/ 2021-22/4 dated 12-07-2021 issued by the Bank, and all addendum and clarifications issued pursuant to the said Request for Proposal.
(m) “PBK (Passbook Printing Kiosk)” means Passbook printing Solution hardware with application software and all interfaces to Core Banking software, with necessary hardware, PCs, scanners and system software, database, third party utilities, middleware, etc. as proposed by the Supplier, all seamlessly integrated to work together on the Banks network to meet the Technical and functional requirements of the Bank mentioned in the Bid.
(n) “Relative” or “Related persons” ,with reference to any person, means any one who is related to another, if – (a) they are members of the Hindu Undivided Family (b) they are husband and wife (c) they are related parties within the meaning of the Companies Act, 2013
(o) “Solution/Service/Project” means the Passbook Printing Kiosk (PBK) covering all facilities and services as per this Agreement and RFP, to be provided by the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 162 of 191 Vendor by implementation of all the means, such as Hardware and Software, and also testing, maintenance, and carrying out other obligations, as elaborated in this document.
(p) IT Act shall mean the Information Technology Act, 2000 as amended from time to time.
(q) “Intellectual Property” shall mean all forms of intellectual property subsisting under the laws of India and analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registerable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process, presentation and other confidential information. Apart from this it shall also mean those Intellectual Property which are subsisting and belonging to Bank of India and which may be passed onto the Service Provider for the limited purpose of setting up such kiosks.
(r) “Intellectual Property Rights” (IPR) shall mean all rights, benefits, title or interest in or to any Intellectual Property, anywhere in the world (whether registered or not and including all applications of the same.) Apart from this it shall mean those Intellectual Property Rights which are subsisting and belonging to Bank of India and which may be passed onto the Service Provider for the limited purpose of setting up such kiosks.
(s) “Event of Force Majeure” shall mean act of God including fire, flood, windstorm, earthquake or other natural disaster; act of any sovereign including invasion, war, tsunami, rebellion, global/ Indian pandemics, or other acts generally beyond the control of the Parties and affecting performance of this Agreement.
(t) Person includes - (i) an individual, (ii) a Hindu Undivided Family, (iii) a company, (iv) a firm (v) a limited liability partnership firm registered under the Limited Liability Partnership Act, 2008. (vi) an association of persons or a body of individuals whether incorporated or not (vii) a Local Authority, and
(u) RBI means the Reserve Bank of India established under the Reserve Bank of India Act, 1934.
(v) RBI Circulars shall mean circulars issued by RBI from time to time.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 163 of 191 (w) “Taxes” means all applicable taxes applicable to this contract (both present and future) which may be levied by the Central Government, State Government, Municipalities, Panchayats or any Statutory Bodies in any form and name as may be called in effect including Education Cess, Higher Education Cess, levies, surcharges or withholdings assessed by any Central, State or local authority as a result of the provision of the Services by Vendor to the Bank.
Unless the contrary can be inferred based on the intent of the Parties, the Definitions and Interpretation clauses of the RFP and/or Purchase Order shall form part of these clause.
1.2 INTERPRETATION (a) Any reference in this Agreement to any Statute or statutory provision shall be construed as including a reference to that statute or statutory provision as from time to time amended, modified, extended or re-enacted whether before or after the date of this Agreement and to all statutory instruments orders and regulations for the time being made pursuant to it or deriving validity from it. (b) The meanings set forth for defined terms in this Article and all pronouns shall be equally applicable to both the singular and plural masculine, feminine or neuter forms as the context may require. (c) All references in this Agreement to Articles are to articles in or to this Agreement unless otherwise specified therein. The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The words “include”, “including” and “among other things” shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import. (d) References in this Agreement to any document or agreement shall be deemed to include references to such document or agreement as amended, varied, restated, supplemented or replaced from time to time in accordance with the terms thereof and to include any letters of the parties executed in connection therewith, except as otherwise provided in this Agreement. (e) The headings of the several Articles and sub clauses of this Agreement are intended for convenience only and shall not in any way affect the meaning or construction of any provision therein. (f) The ejusdem generis rule of construction shall not apply to this Agreement and accordingly the meaning of general words is not to be restricted by any particular examples preceding or succeeding those general words. (g) The terms and conditions of RFP shall mutatis mutandis be applied in this presents however, in the event of disputes between any term or terms of this Agreement and that of the RFP, the terms and conditions of this Agreement shall supersede.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 164 of 191 ARTICLE 2 Award and the Scope of the Assignment
2.1 Award of the Contract
a) The Bank hereby awards the Contract and the Successful Bidder/Vendor accepts the award of the Contract by the Bank, to carry out the engagement as mentioned in this agreement and the RFP.
b) Successful Bidder/Vendor is a ‘Class I Local Supplier’ and has been awarded the contract for full quantity / Successful Bidder/Vendor is not a Class I Local Supplier and has been awarded the contract for 50% of the quantity.
c) The Vendor agrees and undertakes to render the Services and perform its obligations in accordance with the terms and conditions contained in this agreement and in the RFP.
d) The Bank has a plan of installation of 3000 locations within 4 months from date of acceptance of Purchase Order and has placed orders of 3000 PBK with Party No. 2 accordingly and Party No. 2 undertakes to complete installations/ operationalize PBKs at all locations within the set time frame.
e) After completion of the Term of this Agreement, the Vendor shall, if so requested by the Bank, continue to provide the Services based on mutual consent of Parties including the applicable charges/ Fees for Services.
f) The Vendor acknowledges that based on the conditions of the RFP the Vendor has independently arrived at the products, which is suitable for the Bank and has recommended the same in its response after taking into consideration the effort estimated for implementation of the same and the products provided shall meet the requirements specified in this agreement and the RFP.
g) The vendor has represented to the Bank that without affecting their duties and obligations under the Contract in any way, certain Services stated in Annexure IV shall be provided by them through third party vendors through a subcontract arrangement. The Vendor shall ensure that the sub contracted vendors shall perform and provide the Services in accordance with the terms of this Agreement and RFP. Notwithstanding the subcontract of certain services to any third party, the Vendor represents and agrees that the Vendor shall be solely responsible for the performance of the obligations with respect to the Services (including any such subcontracted work) in accordance with the Specifications, meeting of service level standards and rectification of errors and defects in the Services. In the event any of the third party vendors fails to perform all obligations with respect to the Services provided/to be provided by them to the Vendor, the vendor shall be bound to provide/perform to meet the scope mentioned in Statement of Work attached as Annexure V of this agreement.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 165 of 191 h) Successful Bidder/Vendor undertakes that it has the arrangements and capability to roll out PBKs across India and the roll out shall be based on the list of locations provided by Bank as and when areas/ locations/sites are identified by Bank based on the business requirement of Bank.
i) Successful Bidder/Vendor has undertaken that it is aware of the On Site and Off Site PBKs out of total 3000 requirement.
2.2 Broad Scope of the Contract
(a) The Vendor agrees to provide the deliverables and render the Services set out in Annexure IV of this Agreement in accordance with the time-lines set out in Annexure VI hereto.
(b) The Vendor shall implement the Project and perform the Current State assessment including Detailed System study, Business Process Definition, etc.
(c) Should any or all of the scope of Service provided under terms of this Agreement, be required to be altered or modified by the Bank due to change in the statutory or regulatory requirement during implementation period, the Bank may require the Vendor, to make such alteration or modification and the Vendor shall comply with the said request without any additional charges/fees/payment.
(e) The Bank shall test the services in accordance with the Acceptance Testing process to check whether it is meeting all the requirements under Annexure VII of this Agreement and give the approval for the acceptance. The Vendor shall provide necessary assistance and support to the Bank for conducting the Acceptance Testing.
(f) If timelines, as set out by Bank are not met by the Vendor, the Bank may impose penalties as set out in this agreement/RFP on the Vendor.
(g) The Scope of Work and Implementation procedure will be as per the RFP, its Corrigendum and this Agreement particularly in Annexure V.
ARTICLE 3 License by Vendor
Subject to the terms and conditions of this Agreement and in consideration of the license Fees payable by the Bank, Vendor hereby confirms having granted to the Bank a perpetual, irrevocable non-exclusive, non-transferable, non-sub licensable, worldwide license, exercisable solely during the term of this Agreement.
ARTICLE 4 Country of Origin / Eligibility of Goods and Services
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 166 of 191 a) All equipment and components thereof to be supplied under the Contract shall have their origin in eligible source countries, as per the prevailing Import Trade Control Regulations in India. b) For purposes of this clause, “origin” means the place where the goods are mined, grown, or manufactured or produced, or the place from which the related product is supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially-recognized product results that is substantially different in basic characteristics or in purpose or utility from its components.
ARTICLE 5 Covenants The Vendor covenants and represents to the Bank the following: a) It is duly incorporated, validly existing and in good standing as per the laws in India. b) It has the corporate power and authority to enter into this Agreement and perform its obligations hereunder. The execution, delivery and performance of this Agreement by the Vendor and the performance of its obligations hereunder have been duly authorized and approved by all necessary action and no other action on the part of Vendor is necessary to authorize the execution, delivery and performance of this Agreement; c) Except to the extent that the same have been duly and properly completed or obtained, will not require any filing with, or permit, consent or approval of or license from, or the giving of any notice to, any court, governmental instrumentality or other regulatory, governmental or public body, agency or authority, joint venture party, or any other entity or person whatsoever. d) To the best of its knowledge, after reasonable investigation, no representation or warranty by Vendor in this Agreement, and no document furnished or to be furnished to the Bank to this Agreement, or in connection herewith or with the transactions contemplated hereby, contained or will contain any untrue or misleading or false statement or misrepresentation or omits or will omit any fact necessary to make the statements contained herein or therein, in light of the circumstances under which made, misleading. There have been no events or transactions, or facts or information which have come to, or upon reasonable diligence, should have come to the attention of such Party and which have not been disclosed herein or in a schedule hereto, having a direct impact on the transactions contemplated hereunder. e) The Vendor covenants and represents that the execution, delivery and performance of this Agreement by it:
i Will not violate or contravene any provision of its documents of incorporation.
ii Will not violate or contravene any law, statute, rule, regulation, licensing requirement, order, writ, injunction or decree of any court, governmental
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 167 of 191 instrumentality or other regulatory, governmental or public body, agency or authority by which it is bound or by which any of its properties or assets are bound.
ARTICLE 6 Insurance a) The vendor shall ensure to insure the products supplied/ provided by the vendor at its own cost and the insurance shall be in an amount equal to 110 percent of the value of the Products from “Warehouse to final destination” on “All Risks” basis including War Risks and Strikes, valid for not less than 3 months after installation and commissioning and issue of acceptance certificate by the Bank/BOI/1st Party. b) Should any loss or damage occur, the Party No. 2 shall –
i. Initiate and pursue claim till settlement, and ii. Promptly make arrangements for repair and/or replacement of any damaged item/s irrespective of settlement of claim by the underwriters at its own cost and expenses.
ARTICLE 7 Use of Contract Documents and Information
a) The Vendor shall not, without Bank’s prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Bank in connection therewith, to any person other than a person employed by Party No. 2 in performance of the Contract and Disclosure to any such employed person shall be made in confidence and such disclosure shall extend only as far as may be necessary for the purposes of such performance.
b) The Vendor shall not, without the Bank’s prior written consent, make use of any document or information for purposes of performing the Contract.
c) Any document, other than the Contract itself, shall remain the property of Bank and shall be returned (in all copies) to the Bank on completion of Successful Bidder/Vendor’s performance under the Contract
ARTICLE 8 Representations and Warranties
Each party represents and warrants that it has the authority to enter into this agreement and that its obligations are not in conflict with any other obligations.
Vendor hereby represents that it has the authority, skill, experience and resources to render services hereunder and shall so render the services in an ethical and bona fide manner and in compliance with all applicable local laws and regulations.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 168 of 191 a) Vendor will provide uninterrupted services to the Bank, as provided in this Agreement and RFP. b) Provision of procurement of PBK from Vendor is subject to any limitations specified in the Service Level Agreement, annexed to this Agreement as Annexure-II. c) In case Bank requires any changes with respect to the machines, it will advise VENDOR containing the details of such change and VENDOR will carry out the necessary changes, within the agreed to time frame without any additional cost to the Bank. d) VENDOR also represents that it has the authority, skill, experience and resources to render services hereunder and shall so render the services in an ethical and bona fide manner and in compliance with all applicable local laws and regulations.
ARTICLE 9 Performance Bank Guarantee
Vendor shall submit following performance guarantees
1. For 3 % of amount of contract 2. For AMC : 3% of contract Price from any Scheduled Commercial Bank in India other than Bank of India and acceptable to Bank towards performance of the contract, before execution of the contract, the guarantee shall be valid for the period of the contract i.e. for period of contract, from the commencement of contract and with a further claim period of 3 months. Bank shall be within its rights to invoke the performance guarantee without any notice to the Vendor, if the Vendor has failed/fails to perform the assignments under the contract, or in the event of the Bank terminating the contract due to non-performance and/or unsatisfactory performance as per agreed service levels of the vendor mentioned herein.
ARTICLE 10 Indemnity a) The Vendor hereby indemnifies the Bank, and shall always keep indemnified and hold the Bank, its employees, personnel, officers, directors, (hereinafter collectively referred to as “Personnel”) harmless from and against any and all losses, liabilities, claims, actions, costs and expenses (including attorneys' fees) relating to, resulting directly or indirectly from or in any way arising out of any claim, suit or proceeding brought against the Bank as a result of:
i. Bank’s use of the Deliverables and /or the Services provided by Vendor under this Agreement; and/or
ii. An act or omission of the Vendor, its employees, agents, sub-contractors, if any permitted by Bank, in the performance of the obligations of the Vendor under this Agreement; and/or
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iii. Claims made by employees or subcontractors or subcontractors’ employees, if permitted by Bank who are deployed by the Vendor, against the Bank; and/or
iv. Breach of any of the term of this Agreement or breach of any representation or false representation or inaccurate statement or assurance or covenant or warranty of the Vendor under this Agreement; and/or
v. Any or all Deliverables and/ or Services infringing any patent, trademarks, copyrights or such other Intellectual Property Rights; and / or
vi. Breach of confidentiality obligations of the Vendor, employees, agents, sub- contractors, contained in this Agreement; and/or
vii. Negligence or misconduct attributable to the Vendor or its employees or sub- contractors and /or viii. Fraud committed by the Vendor employees, agents, sub-contractors etc, b) The Vendor shall at its own cost and expenses defend or settle any claim against the Bank that the Deliverables and Services delivered or provided under this Agreement infringe a patent, utility model, industrial design, copyright, trade secret, mask work or trade mark in the country where the Deliverables and Services are used, sold or received, Bank shall reasonably cooperate with the Vendor in the defense, provided the cost and expenses are borne by the Vendor c) The Indemnity obligation of the Vendor shall survive expiry or termination of the agreement.
ARTICLE 11 Term and Termination
This Agreement will commence on the Effective date for a period of 5 years from the date of successful installation & commissioning of first new PBK i.e. till …………………. unless pre-terminated as per terms hereunder.
A. 11.1 Termination for Insolvency: The Bank may, at any time, terminate the Contract forthwith, if the Vendor becomes bankrupt or otherwise insolvent. Such termination shall not prejudice or affect any right of action or remedy against the Vendor, which has accrued or will accrue thereafter to the Bank.
11.2 Termination for the convenience of bank: The bank may, at any point during the currency of this contract may terminate the contract by giving 90 days advance notice to the Vendor without assigning whatsoever reason. Such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the Bank.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 170 of 191 11.3 Termination for non-performance and not meeting terms of this Agreement/ RFP: The bank will review the performance of the vendor and bank may exit from contract if the vendor does not provide satisfactory services as per the terms of this Agreement/ RFP. The bank’s decision in this regard will be final.
11.4 Termination for breach of contract: Bank, without prejudice to any other remedy for breach of contract, by a written notice of not less than 30 (thirty) days sent to Successful Bidder/Vendor, may terminate the contract in whole or in part:
a) If Successful Bidder/Vendor fails to deliver any or all of the Products and Services within the period(s) specified in the Contract, or within any extension thereof granted by Bank; and/or b) If the Successful Bidder/Vendor fails to perform any other obligation(s) under the contract; and/or c) Laxity on the Part of Successful Bidder/Vendor in adherence to standards laid down by the Bank; or d) Discrepancies/deviations in the agreed processes and/or products supplied / provided by Successful Bidder/Vendor; or e) Violations of terms and conditions stipulated in this Agreement and / or RFP.
In the event Bank terminates the Contract in whole or in part for the breaches attributable to the Successful Bidder/Vendor, Bank may procure, upon such terms and in such manner as it may deem appropriate, Products and Services similar to those undelivered, and Successful Bidder/Vendor shall be liable to Bank for any increase in cost for such similar products and/or services. However, Successful Bidder/Vendor shall continue performance of the Contract to the extent not terminated.
If the Contract is terminated, under any termination clause, Successful Bidder/Vendor shall handover all documents/ executable/Bank’s data or any other relevant information to Bank in a timely manner and in proper format and shall also support the orderly transition to another Vendor or to the Bank.
Any mode of termination shall be without any compensation to the Vendor and without prejudice to the Bank’s right under law. Termination shall not affect any accrued rights and obligations of the Parties.
B. Renegotiation of prices, price validity and Validity of the contract: - a) Bank of India reserves right to re-negotiate the prices with the Vendor during above period if there is reduction in rates in market or regulatory conditions reduces the rates. b) Bank of India reserves right to extend the validity of the contract with the Vendor for further period of 6 months subject to conditions that, i. Services of the Vendor are satisfactory; ii. Passbook Kiosk available in the market at that time are made available to Bank of India without any extra cost; iii. Prices are re-negotiated as per prevailing market conditions and agreed on mutual consensus
ARTICLE 12 Review Meeting
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 171 of 191 a) Bank will hold a review meeting with the responsible senior in rank of Successful Bidder/Vendor to review the project implementation and operation. Notice to service provider before cancellation of the Contract i. Bank will hold meetings to review the services of the service provider as well as uptime of the PBKs and inform/sensitize the service provider about Bank’s concern. If the performance of contract is not satisfactory to the Bank the Bank shall be within its right to cancel the contract by giving ------days’ notice. If the Bank decides not to cancel the contract, the Bank may at its discretion allow ------time to Service Provider to improve the performance. If the Service Provider fails to perform the contractual obligations within the time provided the Bank shall be within its right to cancel the contract. ii. In case of initial installation period, the Bank shall be within its right to cancel without giving the ----- days’ notice. b) Despite the above mechanism, if the bank is not still satisfied with the performance, bank reserves the right to terminate the contract and invoke the performance bank guarantee without prejudice to any other right available to Bank.
ARTICLE 13 RIGHT TO AUDIT a) Successful Bidder/Vendor has to get itself annually audited by internal/ external empaneled Auditors appointed by the Bank/ inspecting official from the Reserve Bank of India or any regulatory authority, covering the risk parameters finalized by the Bank/ such auditors in the areas of products (IT hardware/ software) and services etc. provided to the Bank and the Service Provider is required to submit such certification by such Auditors to the Bank. The Service Provider shall facilitate the same. The Bank can make its expert assessment on the efficiency and effectiveness of the security, control, risk management, governance system and process created by the Service Provider. The Service Provider shall, whenever required by the Auditors, furnish all relevant information, records/data to them. b). Where any deficiency has been observed during audit of the Service Provider on the risk parameters finalized by the Bank and /or in the certification submitted by the Auditors, the Service Provider shall correct/resolve the same at the earliest and shall provide all necessary documents related to resolution thereof and the auditor shall further certify in respect of resolution of the deficiencies. The resolution provided by the Service Provider shall require to be certified by the Auditors covering the respective risk parameters against which such deficiencies have been observed. c). Service Provider shall, whenever required by the Bank, furnish all relevant information, records/data to such auditors and/or inspecting officials of the Bank/Reserve Bank of India and/ or any regulatory authority. The Bank reserves the right to call and/or retain for any relevant material information /reports including
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 172 of 191 audit or review reports undertaken by the service provider (e.g., financial, internal control and security reviews) and findings made on Vendor’s performance by the Bank in conjunction with the services provided under this contract.
ARTICLE 14 Right to Defective Product
If after delivery, acceptance and installation and within the warranty period, the operation or use of the product is found to be unsatisfactory, the Bank shall have the right to continue to operate or use such product until rectification of defects, errors or omissions by partial or complete replacement is made without interfering with the Bank’s operation.
ARTICLE 15 Assignment a) The contract /agreement shall not be assigned by Successful Bidder/Vendor without prior written consent / permission from the Bank. The Bank reserves the right to deny permission for the assignment of the Contract sought by Successful Bidder/Vendor. b) In case of merger, reorganization etc. of Bank the benefits under this agreement / contract of the Bank shall be vested with the new entity.
ARTICLE 16 Additional PBK Requirement
Bank,though not obligated, reserves the right to place order for additional 25% PBKs that is 750 PBKs in addition to 3000 PBKs on the same terms and conditions on or before the end of the contract period at the contracted daily charges / rental and terms and conditions
ARTICLE 17 Liquidated Damages a). Liquidated Damages on Delivery and Installation If the Vendor fails to deliver any or all of the deliverables & software’s, licenses, digital certificates, etc within the time period specified in the agreement/Contract, the Bank shall, without prejudice to its other remedies under the Contract, and do the installation commissioning of the deliverables deduct from the Contract Price, as liquidated damages, a sum equivalent to 0.5% per week or part thereof, per site of the total contract value ordered out of contract price subject to maximum deduction of 5% of the delivered price of the delayed product or unperformed services, until actual delivery. Partial delivery shall be treated as non-delivery of the entire goods ordered. The Bank, without prejudice to any other right available to it in law or in equity, will be within its right to terminate the Agreement on the ground of delay or non-delivery or non-installation of the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 173 of 191 software, license, digital certificates etc as stipulated under this agreement. All items placed under one purchase order to be delivered within the stipulated delivery period. b). Liquidated Damages for Delay in Services Any delay, deviation, failure in rendering the services under this Agreement by the Vendor, shall attract a penalty/liquidated damages at the rate of …………..% of the total contract price payable under this agreement per week or part thereof of the delay/deviation till the actual completion of the work in accordance with this agreement and the Vendor shall promptly pay the same to the Bank. Bank shall be within its right to deduct such amounts from the amount payable to the Vendor. In such cases, the Bank shall also have the right to terminate the contract. The decision of the Bank shall be final and binding on the Vendor.
ARTICLE - 18 Payment and Payment Terms a). In consideration of Vendor rendering the deliverables and Services under this Agreement and providing the perpetual, irrevocable license to the software the Bank shall pay to the Vendor, the Fees/charges as stated in Annexure III hereto. b). The Fees/Charges payable as stated above by the Bank to the Vendor are inclusive of all present and future Taxes, costs and charges including levies, duties, license fees, Octroi or entry-tax road permits etc. GST payable, if any, under this contract shall be payable by Bank Accordingly all Taxes, costs and expenses shall be borne and paid by the Vendor alone and Bank shall not be liable to pay any amounts in this regard. All costs / expenses against conveyance, traveling expenses, boarding, lodging, out of pocket expenses, liaising etc shall be borne by Vendor only and Bank shall not be liable for any expenses, charges etc other than the contract price as agreed under this agreement. c). The Fees shall be subject to deduction of penalties if any, levied on the Vendor by the Bank in accordance with the provisions of this Agreement. All payment of Fees shall be made after deduction of the applicable taxes if any and payment shall be made in Indian Rupees only. d). The Vendor shall submit duly authenticated invoice and other documents necessary as per the terms of this agreement, along with the request letter for payment of cost of passbook printing kiosk. The payment shall be directly credited to the designated account provided by the Vendor through electronically after deducting applicable TDS, if any. The payment after deducting applicable TDS will be released centrally at the Bank's Head Office or at such decentralized locations/other offices as the Bank may decide from time to time. The payments shall be released only on acceptance of the order and on signing the agreement/contract by the Vendor and also on submission of contract performance guarantee as specified herein. The Vendor shall be responsible for extending the validity date and claim period of all the bank guarantees on account of incompletion of work as stated herein this Agreement and/ or RFP to the satisfaction of Bank.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 174 of 191 e). Prices payable to the Vendor as stated herein shall be firm and not subject to upward revision during performance of the Contract, irrespective of reasons whatsoever, including exchange rate fluctuations, changes in taxes, duties, levies, charges, etc. f). The Vendor shall pass on to the Bank, the benefit of discounts if any announced in respect of the cost of the items for which orders have been placed during that period. g). Notwithstanding anything contained in this Agreement or the RFP where the Vendor is liable to pay any amount to the Bank, on account of penalties under this agreement or on account of discrepancies in the invoices, invocation of indemnity by the Bank, for third party claims, statutory dues or for any other reason the Bank shall without prejudice to its other rights be within rights to adjust such amounts from the Fees payable to the Vendor and raise a demand on the Vendor for the balance amount if any and the Vendor shall pay such amount to the Bank within 10 working days of receipt of such demand. h). Vendor acknowledges that the Vendor has submitted its price quote in response to the RFP and subsequent discussions based on an independent study of all aspects of the Contract and hence under no circumstances shall the Vendor be entitled to any amounts in excess of what has been agreed upon under this Agreement. i). All out of pocket expenses, travelling, boarding, accommodation and lodging expenses which may be incurred by the Vendor and/or its officials in connection with the Contract shall be borne and payable by the Vendor alone and the Bank shall not be bound to make payment of any amounts in this regard to the Vendor;
ARTICLE 19 Service Support
Vendor will provide to the Bank the Service Support as described in the Service Level Agreement, annexed with this Agreement as Annexure-2.
ARTICLE 20 Taxes and Duties a). The Vendor shall also be liable to pay all corporate tax, income tax and any other taxes that shall be levied on according to the laws and regulations applicable from time to time on the Fees paid to the Vendor. No costs/expenses shall be payable by the Bank for traveling (including local conveyance), boarding, lodging, out-of-pocket expenses, liaison, etc. during the validity of the contract. b). Wherever the laws and regulations require deduction of any Taxes at the source of payment, Bank shall be entitled to effect such deductions from the payment due to the Vendor and make remittance to the competent authority. A certificate evidencing such deductions shall be provided by Bank to Vendor to this effect.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 175 of 191 c). The Vendor’s staff, personnel and labour will be liable to pay personal income taxes 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 Vendor shall perform such duties in regard to such deductions thereof as may be imposed on the Vendor by such laws and regulations. The Vendor further undertakes to obtain such licenses, permit etc. renewal from time to time and it shall be solely responsible in the event of contravention of any Act, Laws or rules in this regard. d). The Vendor shall conform to/ abide by the laws, rules and regulations of Central/ State Government / Reserve Bank of India / and/ or any regulatory authority in regard to employment of agents /associates / employees etc including the Minimum Wages Act.
e). The Vendor shall pay all the taxes, rates, charges, levies, claims whatsoever that may be imposed by State / Central Government or any local body or any Regulatory Authority for the said purposes and for employing such persons for the services and shall provide proof thereof as and when required by Bank.
ARTICLE 21 Confidentiality a). The Vendor acknowledges that in the course of performing their obligations under this Agreement, the Vendor shall be exposed to or acquire Confidential Information of the Bank or its customers/clients. The Vendor understands and acknowledges that it will be given access to such Confidential Information solely as a consequence of and pursuant to this Agreement. b). The Vendor will, at all times, maintain confidentiality of the Confidential Information and of this Agreement, Information of Bank including of the Bank’s Customer, any business , technical, financial information / data or any other information disclosed or accessible to the Vendor for this project whether at the time of disclosure, designated in writing as confidential or not. c). The Vendor agrees and undertakes to keep in confidence and not disclose to any third party and all Confidential Information available to the Vendor and whether such information is given in writing or oral or visual, and whether such writing is marked to indicate the claims of ownership and/or secrecy or otherwise. The Vendor agrees and undertakes that it shall not use, nor reproduce for use in any way, any Confidential Information of the Bank except to the extent required to fulfill its obligations under the Agreement. The Vendor agrees and undertakes to protect the Confidential Information of the Bank with at least the same standard of care and procedures used by to protect its own Confidential Information of similar importance but at all times using at least a reasonable degree of care. d). The Vendor shall also ensure that its officials/employees and if Vendor is permitted by the Bank in writing to assign, delegate or hire another person to assist it in the
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 176 of 191 performance of its obligations under this Agreement, such person/s also shall maintain the confidentiality of the Confidential Information in the same manner as the Vendor is bound to maintain the confidentiality. e) The provisions of this Article shall survive notwithstanding the expiration or termination of this Agreement for any reason whatsoever. f) The Vendor agrees and confirms that the Vendor is aware that Party No 1 is regulated and controlled by Reserve Bank of India in terms of its circulars both existing and which are issued from time to time. The Vendor s further aware that in terms of the said circulars the Vendor is bound to adhere to stipulations as prescribed by the RBI at par with that of the Bank of India. The Vendor undertakes to comply with the same and shall periodically submit such reports in such formats as may be prescribed by the Bank of India.
ARTICLE 22 INTELLECTUAL PROPERTY RIGHTS a). Vendor agrees, warrants and undertakes to Bank that it or its directors, officers, employees, agents, consultants, representatives, subsidiaries, associates, etc shall take steps aimed at ensuring that the Intellectual Property Rights are not infringed, passed off, diluted, reverse-engineered, hacked into, misappropriated, tampered with and/or copied. b). Vendor shall not use the trademarks, logos or service marks of the Bank in any marketing and advertisement collateral or in any other form without obtaining prior written consent of Bank . c). In the event of any claim asserted by a third party of infringement of copyright, patent, trademark, industrial design rights, etc., arising from the use of the products or any part thereof in India, Successful Bidder/Vendor shall act expeditiously to extinguish such claim. d). If Successful Bidder/Vendor fails to comply and Bank is required to pay compensation to a third party resulting from infringement, Successful Bidder/Vendor shall be responsible to reimburse and compensate such amount to Bank, without any protest or demur. e). Successful Bidder/Vendor hereby indemnifies and shall indemnify Bank against all third party claims with respect to copyright, patents, trademark etc.
ARTICLE 23 Termination after audit or inspection
Notwithstanding anything contained in this Agreement or the RFP, the Bank reserves the right to terminate the agreement if the bank is of the opinion, after a due process of audit and inspection that the service provided by the Vendor is not up to the standards and expectations as promised to be undertaken. In such an event, the Bank reserves the right to not only forfeit the earnest money deposited but also encash the performance guarantee without prejudice to any other right available to Bank at law or in equity including
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 177 of 191 but not limited to approach the appropriate court of law seeking consequential damages, lost opportunity cost and reputational cost etc which the bank may suffer.
ARTICLE 24 Anti-Bribery Clause
The Vendor/ Service provider represents, warrants and covenants that it and its Associated Persons have conducted, and at all times conduct its and their respective businesses in accordance with applicable laws, rules, decrees and/or official orders of the Government of India. The service provider and its associates shall maintain adequate procedures in furtherance of the foregoing. “Associated Persons” means any person associated with the Service Provider including, but not limited to, Service Provider’s subsidiaries, holding companies and their respective owners, directors, officers, employees, agents, Representatives, sub-contractors and suppliers.
ARTICLE 25 Anti - poaching
Successful Bidder/Vendor agrees that during the Term of the Contract and a period of 12 months from the end of the contract, neither Successful Bidder/Vendor nor any of its associated person will solicit or recruit the services of any of the employees of Bank, or hire any employees of Bank.
ARTICLE 26 Related Persons
The Service Provider undertakes that no person related to any of its employees or officers is working with Bank.
ARTICLE 24 Survival
Any provision or covenant of this Agreement, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of this Agreement, shall survive such expiration or termination.
ARTICLE 24 Entire Agreement
This Agreement together with RFP constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes prior negotiations, representations, or agreements, either written or oral. However should there be a provision, obligation or a condition contained in the RFP which are not included in this agreement, such provision, obligation or condition shall be deemed to be incorporated in this Agreement.
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ARTICLE 25 Amendment
These terms and conditions may be amended by the Parties from time to time. However, no change or modification of this Agreement shall be valid unless the same shall be in writing and signed by both the Parties.
ARTICLE 26 Dispute Resolution
For any dispute arising out of these terms and conditions and also with regards to service provided by the Vendor including but not limited to interpretation, applicability etc. parties will try to resolve it amicably. However, if Parties failed to resolve it amicably within 30 days, the same may be referred to sole arbitrator appointed by the Parties by mutual consensus. The arbitration proceedings shall be governed by Arbitration and Conciliation Act, 1996. The venue and seat of the arbitration shall be at Mumbai. Only the courts in Mumbai shall have Jurisdiction. The proceedings shall be conducted in English language. The award passed by the arbitrator shall be final and binding on the parties. If the Parties fails to reach mutual consensus identifying an Arbitrator, the Parties shall be free to approach the competent court of law for adjudication of the dispute It shall be the endeavor of both parties to appoint an arbitrator who has necessary technological knowledge and expertise with regards to the service provided under this Contract.
ARTICLE 27 Publicity
Any publicity by the Vendor in which the name of the Bank is to be used shall be done only with the explicit prior written permission of the Bank. The Bank shall be entitled to impose such conditions or restrictions in relation to the manner of use of the name of the Bank in any publicity material used by the Vendor.
ARTICLE 28 Compliance of Applicable Law
Parties agree that they will comply with all the respective applicable laws at all the time during the subsistence of these terms and conditions.
ARTICLE 29 Inspection of Records and Installations
The Bank and/or RBI and or any other government or Regulatory Authority and any Agencies engaged by the Bank and/or RBI and or any other government or Regulatory Authority and any Agencies shall be authorized to make inquiries and audit the Vendor’s compliance with the provisions of this Agreement and the Vendor agrees to provide the Bank with such information and access for audit as requested for by the Bank
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 179 of 191 and / or RBI and /or any other government or Regulatory Authority band any Agencies. At all times the Bank and / or RBI and /or any other government or Regulatory Authority shall have the right to inspect the premises, books and records of the Vendor directly or through its representatives. All Vendor’s records with respect to any matters covered by this agreement and / or as may be required by RBI and / or the Bank and / or any other government or Regulatory Authority shall be made available to the Bank or its designees, to audit, examine and make excerpts or transcripts of all relevant data. If the Bank permits the Vendor to outsource any of the activities under this contract which shall always be in writing, the Vendor shall ensure that necessary agreement is entered into with the Agency engaged for such purpose and such agreement shall also contain necessary mandate by the said outsourced agency inter-alia agreeing for production of documents called for, inspection and audit of their premises and books by RBI and / or the Bank and any other/ or Agencies and/ or any other government and/ or Regulatory Authority engaged by the Bank and / or by the RBI. Vendor is aware that any failure to permit inspection may result in RBI imposing fine/ penalty and all such amounts shall be paid by the Vendor. Here the Bank, RBI or Regulatory Authority may engage statutory auditors, the Chief Technological Officer of the bank or an independent firm appointed by the bank.
Bank also reserves the right to carry out inspection by a team of its officials, of any of its existing live installations of Successful Bidder/Vendor referred to in the Technical Bid for conforming the Eligibility Criteria.
Nothing stated hereinabove shall in any way release Successful Bidder/Vendor of any obligations under this contract.
ARTICLE 30 Warranty/ Uptime
a) During the Warranty Period, Successful Bidder/Vendor guarantees an Uptime of 98% on quarterly basis for the entire/core solution proposed, with a MTBF of 90 days. Accordingly it is expected that necessary redundancy is built into the proposed solution for all critical components whether software or hardware.
b) Warranty for Hardware/System Software/ off the Software will be provided to the Bank as per the general conditions of sale of such software.
c) Minimum Warranty for Application Software either developed by Successful Bidder/Vendor or by his associates, or supplied and customized to Bank’s requirements, shall be for 12 months from date of user acceptance after it is delivered, installed and commissioned.
Warranty includes, but not limited to the following: i Any bugs in such software shall be rectified free of cost. ii Any requirements changes/modifications required by the Bank,will have to be carried out by Successful Bidder/Vendor.
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 180 of 191 iii The maximum response time for a support/ complaint from the site of installation (i.e. time required for Successful Bidder/Vendor’s maintenance engineers to report to the installations after a request call/fax/e-mail is made or letter is written) shall not exceed 3 (three) hours. iv Successful Bidder/Vendor/ his representative shall solve the software problem within maximum 6 (six) hours of reporting of the problem by Bank to Successful Bidder/Vendor‘s nearest office by phone, fax, email or letter. v Any rectification required in the Application Software due to inherent bugs in the System Software/ off the shelf software shall also be rectified by Successful Bidder/Vendor or his associates, free of cost, within a reasonable period, as mutually agreed upon.
ARTICLE 31 No Agency
(a) The Vendor shall perform its obligations under this Agreement as an independent contractor. Neither this Agreement nor the Vendor’s performance of obligations under this Agreement shall create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer and employee, between the Bank and the Vendor or its employees, subcontractors; and neither Party shall have the right, power or authority (whether expressed or implied) to enter into or assume any duty or obligation on behalf of the other party.
(b) The Vendor shall solely be responsible for all payments (including any statutory payments) to its employees and shall ensure that at no time shall its employees, personnel, sub-contractors or agents hold themselves as employees or agents of the Bank, nor seek to be treated as employees of the Bank for any purpose, including claims of entitlement to fringe benefits provided by the Bank, or for any kind of income, taxes or benefits. The Vendor alone shall file all applicable tax returns for all of its personnel assigned hereunder in a manner consistent with its status as an independent contractor of services; and the Vendor will make all required payments and deposits of taxes in a timely manner.
ARTICLE 32 Prohibition against Project Outsourcing Or Sub Contract
(a) The Vendor shall not assign, outsource, or sub-contract to any third party, in whole or in part, its duties and obligations under the Contract, or change its constitution except on the Bank’s prior written consent. The Bank shall be within its absolute right at its sole discretion to refuse/deny the consent and the same shall not be challenged by the Vendor.
(b) Vendor shall ensure that outsourcing or Subcontracts if permitted by the Bank in writing, shall comply with the provisions of this Agreement underlying the confidentiality obligation. It is clearly understood that the Vendor shall be solely and primarily responsible to fulfill its obligations and adhere to the time limits agreed upon and stated in this Agreement irrespective of whether any sub-Contracting is permitted by the Bank. It is
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 181 of 191 clarified that the Bank shall not be liable or answerable to the Sub-Contractors under any circumstances. The Bank and/or the RBI and/ or any other government or Regulatory Authority shall be authorized to make inquiries and audit the Sub-Contractors compliance with its obligations and the Vendor agrees to provide the Bank with such information and access for audit of the Sub-Contractors, as requested for by the Bank and/or RBI and/ or any other government or Regulatory Authority. At all times, the Bank and/or the RBI and/ or any other government or Regulatory Authority shall have the right to inspect the premises of the Sub-Contractors directly or through its representatives. All Sub- Contractor’s records with respect to any matters covered by this Agreement and/or as may be required by RBI and/or the Bank and/ or any other government or Regulatory Authority shall be made available to the Bank or its designees as often as the Bank deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. The Vendor shall accordingly incorporate the necessary clauses to that effect in the agreement with the Sub Contractor.
ARTICLE 33 Waiver
No failure or delay on the part of the Bank relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the Vendor nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege or remedy provided in this Agreement All of which, unless expressly stated otherwise, are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to the Bank at law or in equity.
ARTICLE 34 Violation of Terms
The Vendor agrees that the Bank shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the Vendor from committing any violation or enforce the performance of the covenants, obligations and representations contained in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Bank may have at law or in equity, including without limitation a right for recovery of the amounts due under this Agreement and related costs and a right for damages.
ARTICLE 35 Force Majeure
Should either party be prevented from performing any of its responsibilities (as mentioned in the agreement) by reasons caused by an act of God or any cause beyond its reasonable control, the time for performance shall be extended until the operation or such cause has ceased. If a Force Majeure situation arises, the Vendor shall promptly
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 182 of 191 notify the Bank in writing of such conditions and the cause thereof within 10 calendar days. Unless otherwise directed by the Bank in writing, the Vendor shall continue to perform its obligations under the Contract as far as it is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 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 7 days, the Bank shall be within its right to terminate the Contract and the decision of the Bank shall be final and binding on the Vendor in this regard.
ARTICLE 36 Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of India. Without prejudice to the arbitration provisions contained under Resolution of Disputes clause, the courts of Mumbai alone and no other courts shall be entitled to entertain and try any dispute or matter relating to or arising out of this Agreement. Notwithstanding the above, the Bank shall have the right to initiate appropriate proceedings before any court of appropriate jurisdiction, should it find it expedient to do so.
ARTICLE 37 Counterparts
This Agreement may be signed in two counterparts, each of which is an original and both of which, taken together, constitutes one and the same instrument. All the stamp duty and other expenses on this agreement shall be borne by the Vendor only. ARTICLE 38 Notices
(i) Any notice and other communications provided for in this Agreement shall be in writing and shall be first transmitted by email / facsimile transmission and then by postage prepaid registered post with acknowledgement due or by a reputed courier service, in the manner as elected by the Party giving such notice.
(a) Bank’s address for notice purposes:
Bank of India, Digital Banking Department, Head Office, Star House -2, 6th Floor, C-4, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051.
(b) Vendor’s address for notice purposes
Kind Attn: ….. ……………………. …………………. ……………………
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 183 of 191 ………………………
(ii) Any notice, request or communication given:
By registered mail will be deemed to have been given two (2) business days after posting thereof
By facsimile will be deemed to have been given then received (if received on a Business Day), or on the next Business Day after receipt (if received on a non-Business Day).
By personal delivery will be deemed to have been given when received (if received on a Business Day), or on the next Business Day after receipt (if received on a non-Business Day).
IN WITNESS whereof the parties hereto have caused this agreement to be executed in accordance with their respective laws the day and year first above written.
M/s VENDOR (Vendor)
______Shri ______(Name)
Designation:
Bank of India (BOI)
------
Witness:
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Annexure I : Commercial Terms
(Final Specification will be as per RFP and Corrigendum/s if any published)
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Annexure II: Terms of Service Level Agreement
(Final Specification will be as per RFP and Corrigendum/s if any published)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 186 of 191
Annexure III: Fees/Payment Terms
(Final Specification will be as per RFP and Corrigendum/s if any published)
BOI/HO/DBD/PBK/2021-22/4 dated 12-07-2021 Page 187 of 191
Annexure IV: Services and Deliverables:
(Final Specification will be as per RFP and Corrigendum/s if any published)
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Annexure V: Statement of Work
(Final Specification will be as per RFP and Corrigendum/s if any published)
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Annexure VI: Time Frame
(Final Specification will be as per RFP and Corrigendum/s if any published)
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Annexure VII: Acceptance Test Process
(Final Specification will be as per RFP and Corrigendum/s if any published)
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