Ubi Bbps RFP
Ubi Bbps RFP
Ubi Bbps RFP
For
Implementation of Bharat Bill Payment System
(BBPS) Solution under Outsourced Model
Tender Notice
Union Bank of India invites sealed offers from established vendors for Implementation
of Bharat Bill Payment System (BBPS) solution under outsourced model. Please visit the
banks
website
www.unionbankofindia.co.in
or
the
Government
portal
www.tenders.gov.in for details. RFP forms can be downloaded from the website.
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INTRODUCTION....................................................................................................................................................5
1.
OBJECTIVE ..................................................................................................................................................5
2.
INTRODUCTION ............................................................................................................................................. 9
SCOPE OF WORK ........................................................................................................................................... 9
ELIGIBILITY CRITERIA FOR BIDDERS: ............................................................................................................. 11
RFP OWNERSHIP ....................................................................................................................................... 12
PROPOSAL OWNERSHIP ............................................................................................................................... 12
COST OF BIDDING ...................................................................................................................................... 12
CONTENT OF BIDDING DOCUMENTS ............................................................................................................ 13
CLARIFICATION ON BIDDING DOCUMENTS .................................................................................................... 13
AMENDMENT OF BIDDING DOCUMENTS ........................................................................................................ 13
LANGUAGE OF BID ..................................................................................................................................... 13
PROPOSED COSTS ...................................................................................................................................... 13
BID PRICES ................................................................................................................................................ 14
BID CURRENCIES ........................................................................................................................................ 14
DOCUMENTS ESTABLISHING BIDDERS ELIGIBILITY AND QUALIFICATIONS...................................................... 14
DOCUMENTS ESTABLISHING ELIGIBILITY OF SERVICES .................................................................................. 14
BID SECURITY ............................................................................................................................................ 14
PERIOD OF VALIDITY OF BIDS........................................................................................................................... 15
FORMAT FOR SIGNING THE BID ........................................................................................................................ 16
DEADLINE FOR SUBMISSION OF BIDS................................................................................................................. 16
LATE BIDS ................................................................................................................................................... 16
MODIFICATION AND WITHDRAWAL OF BIDS....................................................................................................... 16
TERMS AND CONDITIONS................................................................................................................................ 17
EVALUATION OF BIDS .................................................................................................................................... 18
NO PRICE VARIATION .................................................................................................................................... 19
CONTACTING THE BANK ................................................................................................................................. 19
BANKS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS ...................................................................... 19
CONTRACT PERIOD........................................................................................................................................ 19
SCHEDULE OF IMPLEMENTATION ...................................................................................................................... 20
NOTIFICATION OF AWARD .............................................................................................................................. 20
SIGNING OF CONTRACT .................................................................................................................................. 20
SERVICE LEVEL AGREEMENT ............................................................................................................................ 20
PERFORMANCE SECURITY ............................................................................................................................... 21
DELAYS IN THE BIDDERS PERFORMANCE ........................................................................................................... 21
LIQUIDATED DAMAGES ................................................................................................................................... 21
ARBITRATION / RESOLUTION OF DISPUTES ......................................................................................................... 22
JURISDICTION ............................................................................................................................................... 22
ACCEPTANCE TESTS ....................................................................................................................................... 22
AUDIT......................................................................................................................................................... 22
HELP DESK .................................................................................................................................................. 22
PRESENTATION AND DEMO (POC) ................................................................................................................... 23
PAYMENT TERMS .......................................................................................................................................... 23
DESIGNING AND IMPLEMENTATION PLAN .......................................................................................................... 23
START OF SERVICES ....................................................................................................................................... 24
BUSINESS CONTINUITY PLAN / DR SITE ............................................................................................................. 24
ON-SITE VISIT / REFERENCE SITE VISIT............................................................................................................... 24
RIGHT OF REJECTION ..................................................................................................................................... 24
PENALTY FOR NON-PERFORMANCE DURING PRODUCTION AND OPERATION ............................................................. 24
TERMINATION FOR DEFAULT / ORDER CANCELLATION / EXIT CLAUSE...................................................................... 25
DISPUTE RESOLUTION MECHANISM.................................................................................................................. 26
Page 3 of 85
3.50.
3.51.
3.52.
3.53.
3.54.
3.55.
3.56.
3.57.
3.58.
3.59.
Page 4 of 85
INTRODUCTION
Union Bank of India, headquartered at Union Bank Bhavan, 239, Vidhan Bhavan Marg,
Nariman Point, Mumbai 400020, having its Technology Centre at 1/1A, Adi
Sankaracharya Marg, Opposite Powai Lake, Andheri East, Mumbai 400072, is one of
the leading public sector banks in India. Bank has over 4203+ CBS branches and 6893+
ATMs installed across the country.
1. Objective
Union Bank of India (hereinafter called as Bank or the Bank) has decided to
outsource implementation of Bharat Bill Payment System (BBPS) solution under
outsourced model. BBPS will be connecting banks and non-banks in bills aggregation
business, Billers, payment service providers and retail bill outlets. It will also facilitate
seamless payment of bills through any channel including Agent-Assisted Model at any
Agent/BC outlet/bank branch/ online channels.
2. Bid Schedule
2.1. Union Bank of India intends to issue this Bid document, hereinafter called RFP or
Bid, to eligible Service Provider in India, hereinafter called as Bidders or
Vendors or Service Providers, to participate in the competitive bidding for
implementation of Bharat Bill Payment System (BBPS) solution under outsourced
model. The Bank, for this purpose, invites proposal from Bidders. The Request for
Proposal (RFP) document is now being issued to enable Bidders to submit their
responses to the Bank.
2.2. Bidder who is interested in participating in this RFP must fulfil the eligibility criteria
mentioned in the document and should also be in a position to provide a
comprehensive solution which complies with technical and functional specifications
sought by the Bank.
2.3. The Bidder must also agree to all our terms and conditions mentioned under this RFP.
2.4. The Bidding Document may be obtained from the Bank as under or downloaded from
Banks website www.unionbankofindia.co.in or the Government portal
www.tenders.gov.in and the Bid should be submitted to the office of Union Bank of
India as under.
2.5. Incorrect or incomplete information in the Bid may lead to non-selection /
disqualification.
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Rs.1,00,000/- only
Rupees One Lac Only
Pre-bid meeting
As above
RFP cost
EMD
Contact to Bidders
Bid Type
Page 6 of 85
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DISCLAIMER
a) The information contained in this Request for Proposal (RFP) document or information
provided subsequently to Bidder(s) or applicant(s) whether verbally or in documentary
form by or on behalf of Union 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.
b) 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.
c) This is not an offer by the Bank but only an invitation to Bid in the selection process
initiated by the Bank. 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 Bidder.
d) Bank reserves the right to change the dates, timings mentioned above or elsewhere
mentioned in the RFP, which will be communicated by placing the same as
corrigendum under Tender section on Banks web-site.
e) The Bank reserves the right to reject this invitation to offer in part or full, or cancel
the entire process at any stage without assigning any reason.
f) Subject to any law to the contrary, and to the maximum extent permitted by law,
Bank and its officers, employees, contractors, agents, and advisers disclaim all
liability from any loss or damage (whether foreseeable or not) suffered by any person
acting on or refraining from acting because of any information, including forecasts,
statements, estimates, or projections contained in this RFP document or conduct
ancillary to it whether or not the loss or damage arises in connection with any
negligence, omission, default, lack of care or misrepresentation on the part of Bank or
any of its officers, employees, contractors, agents, or advisers.
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BBPCU (NPCI)
Biller/Sub-Billers
Customers (personal/corporate) for registration
Business correspondents ( multiple)/Agent Institution
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TRANSACTION TYPE:
ON-US
OFF-US
TYPE OF BILLER:
Online Biller
Offline Billers
MODE OF PAYMENTS SUPPORTED:
Cash
Debit cards / Credit cards
Online / Net-banking
IMPS / Mobile Banking
Prepaid Instruments (Wallets and prepaid/virtual Cards)
UPI (Unified Payments Interface)
CBS Interface for Cash / Transfer
PAYMENT OPTIONS:
Full/Minimum/Excess/Part/penalty/multiple
STANDARD APIS FOR INTERFACE WITH ALTERNATE DELIVERY CHANNELS:
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HELP-DESK
During Banks working days & working hours.
FRAUD RISK MANAGEMENT SOLUTION
Annexure-2: BBPS_Technical_Specifications.pdf
Annexure-3: BBPS-Procedural-Guidelines.pdf
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3.3.6. The bidder should be the OEM of the solution being offered. An undertaking to
this effect must be submitted on their letterhead.
3.3.7. Bidder should have dedicated staff of at least 20 people for the offered solution
in their hosted environment. The strength of dedicated staff of 20 people is
applicable both for bidders data center and disaster recovery center. An
undertaking to this effect must be submitted on their letterhead.
3.3.8. Authorized BBPOU is not allowed to participate in the RFP.
3.3.9. The Bidder should not have been blacklisted by any of the
Government/Regulatory Authorities or Public Sector Undertakings (PSUs). The
Bidder shall give an undertaking on their letter head stating that the Bidder has
not been black listed by any of the Government Authority or PSU. In case, in the
past, the Bidders company / firm was blacklisted by any Govt. Authority or PSU,
the name of such company / firm should have been removed from the black list
as on date of submission of the tender, failing which the Bid shall be rejected. A
declaration is to be provided to that effect as prescribed in Annexure 5.
Note: Bidder must comply with all the above mentioned criteria. Non-compliance
of any of the criteria will entail rejection of the offer summarily. Photocopies of
relevant documents / certificates should be submitted as proof in support of the
claims made. The Bank reserves the right to verify / evaluate the claims made by
the Bidder. The Bank also reserves the right to inspect such installation/s while
evaluating the Bid.
3.4. RFP Ownership
3.4.1. The RFP and all supporting documentation are the sole property of Union Bank of
India and should NOT be redistributed without the prior consent of Union Bank of
India. Violation of this would be a breach of trust and shall, inter-alia, cause the
Bidder to be irrevocably disqualified.
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3.8.3. The document fees shall not be refunded in case the Bidder fails to submit the
3.10.
Language of Bid
3.10.1. 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.
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Contract and shall not be subject to variation on any account, including exchange
rate fluctuations, changes in taxes, duties, levies, charges etc. A Bid submitted
with an adjustable price quotation will be treated as non-responsive and will be
rejected.
3.16.3. 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 nationalised / private / foreign bank in India
(other than Union Bank of India), acceptable to the Bank, in the form as per
format prescribed in Annexure 8 provided in the Bid document and valid for
forty-five (45) days beyond the validity of the Bid,
OR
b. a bankers Cheque / Demand Draft, issued by a nationalized / private /
foreign bank in India (other than Union Bank of India), drawn in favour of
Union Bank of India and valid for three months.
3.16.4. Any Bid, not secured as above, will be rejected by the Bank, as non - responsive.
3.16.5. Unsuccessful Bidders Bid security will be discharged or returned as promptly as
possible but not later than sixty (60) days after the expiration of the period of
Bid validity prescribed by the Bank.
3.16.6. The successful Bidders Bid security will be discharged upon the Bidder signing
the Contract and furnishing the performance security as prescribed in Annexure
9.
3.16.7. The Bid security may be forfeited:
a. if a Bidder withdraws its Bid during the period of Bid validity specified by the
Bidder on the Bid Form; or
b. if a Bidder makes any statement or encloses any form which turns out to be
false/incorrect at any time prior to signing of Contract; or
c. in the case of a successful Bidder, if the Bidder fails;
i. to sign the contract; or
ii. to furnish Performance Security, as prescribed in Annexure 9.
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3.18.3. Any inter-lineation, erasures or overwriting shall be valid only if they are
initialled by the person signing the Bids. The Bank reserves the right to reject
Bids not confirming to above.
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Note:
i.
If the outer cover/envelop is not sealed & super scribed as required, the Bank will
assume no responsibility for bids misplacement or premature opening.
ii.
iii.
If any outer envelope is found to contain only the technical bid or commercial
bid, it will be treated as incomplete and that bid will be liable for rejection.
Index
b.
Page 17 of 85
c.
d.
e.
f.
g.
h.
i.
Letter for acceptance and compliance of all the Terms and Conditions of RFP.
j.
k.
Valid Demand Draft as Bid price, if tender document is downloaded from Banks
website.
l.
Bidders Financial Details (audited balance sheets etc.) and other supporting
documents, as asked in the RFP.
m. All Claims made by the bidder will have to be backed by documentary evidence.
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3.23.5.In case L1 bidder does not accept the order, option will be given to L2
3.26. Banks Right to Accept Any Bid and to reject any or All Bids
3.26.1. The Bank reserves the right to accept or reject any Bid, and to annul the
Bidding process and reject all Bids at any time prior to contract award, without
thereby incurring any liability to the affected Bidder or Bidders, or any
obligation to inform the affected Bidder or Bidders of the grounds for the
Banks action.
another two years with same terms and conditions depending on the
performance of the bidder.
3.31.3.Though the contract will be signed only with the selected principal Bidder, it
shall be the selected Bidders responsibility to ensure that the quality of work
contracted with agents/associates/partners will not be compromised and will
be in tune with industry standards.
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3.36. Jurisdiction
3.36.1.The Contract shall be governed by the Laws and Regulations of India for the
time being in force and will be subject to the exclusive jurisdiction of the
Courts in Mumbai, India.
3.38. Audit
3.38.1.The Bank may, at its discretion, audit the software, books and services of the
Bidder by its external / internal / RBI / Ministry auditors. The Service Provider
will facilitate the same without any demur. The Bidder shall, whenever
required, furnish all relevant information, records, and data to inspecting
officials of Bank and the external / internal / RBI / Ministry auditors. The Bank
reserves the right to call for any relevant material information/report. Bank
will provide the information in advance to the service provider for the same.
3.38.2.The Bidder should get the activities and or functions audited from time to time
as per the requirements of the Bank, NPCI, Reserve Bank of India or any other
statutory body, where ever applicable. Cost of such audit should be borne by
the Bidder throughout the period of agreement. The audit will include VAPT for
system, application, database, hardware, network etc. to be performed.
Quarterly DR drill is to be conducted. Bidder should submit above audit report
internal/ external/ third party on quarterly basis or as on demand by the bank.
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issues. Help desk should be available during Banks office hours to attend the
problems.
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3.47.3.Bank may impose penalty to the extent of damage to its any equipment, if the
damage was due to the actions directly attributable to the staff of Bidder.
3.47.4.The Bank shall implement all penalty clauses after giving due notice to the
bidder.
3.47.5.If the Bidder fails to complete the due performance of the contract in
document, the Bank reserves the right either to cancel the order or to recover
a suitable amount as deemed reasonable as Penalty / Liquidated Damage for
non-performance. SLA violation will attract penalties.
3.47.6.If the bidder fails to maintain guaranteed uptime and success percentage of
99.9% on quarterly basis then Bank may impose penalty as per the table below.
>=99.9 to 100%
Quarterly Success
percentage (Technical
declines) of total
quarterly volume.
>=99.9 to 100%
>=99% to <99.9%
>=99.5% to <99.8%
Quarterly System
Uptime
>=98% to <99%
>=97% to <98%
<97%
>=99.0% to <99.4%
>=98.0% to <99.0%
<98.0%
Amount of Penalty
No penalty would be deducted
5% of amount payable for the
quarter
10% of amount payable for the
quarter
20% of amount payable for the
quarter
40% of amount payable for the
quarter
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contract. The Bank reserves its right to cancel the order in the event of delay
and forfeit the bid security as liquidated damages for the delay.
3.48.5.If deductions on account of liquidated damages exceeds more than 10% of the
total contract price.
3.48.6.After award of the contract, if the selected bidder does not perform
satisfactorily or delays execution of the contract, BANK reserves the right to
get the balance contract executed by another party of its choice by giving
three months notice for the same. In this event, the selected bidder is bound
to make good the additional expenditure, which BANK may have to incur in
executing the balance contract. This clause is applicable, if for any reason, the
contract is cancelled.
3.48.7.BANK reserves the right to recover any dues payable by the selected bidder
from any amount outstanding to the credit of the selected bidder, including the
pending bills and/or invoking the bank guarantee under this contract.
service, in the manner as elected by the Party giving such notice. All notices shall be
deemed to have been validly given on:
a.
The business date immediately after the date of transmission with confirmed
answer back, if transmitted by facsimile transmission, or
b.
The expiry of five days after posting if sent by registered post with AD.
c.
This RFP document shall be governed and construed in accordance with the laws of
India. Arbitration Proceedings shall be held at notified and the language of the
arbitration proceedings and that of all documents and communications between the
parties shall be English. 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. However, all arbitration proceedings shall be at Mumbai,
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3.54. Indemnity
3.54.1.The Bidder shall, at its own expense, defend and indemnify the Bank against all
third party claims for infringement of patent, trademark, design or copyright
arising from use of products or any part thereof supplied by Bidder. Bidder will
provide infringement remedies and indemnities for third party products, on a
pass through basis. The Bidder shall expeditiously extinguish any such claims
and shall have full rights to defend itself there from. If the Bank is required to
pay compensation to a third party resulting from such infringement, the Bidder
shall be fully responsible to pay such compensation along with all costs,
damages and attorneys fees and other expenses that a court may finally
awards, in the event of the matter being adjudicated by a court or that be
included in a Bidder approved settlement. The Bank will issue notice to the
Bidder of any such claim without delay and provide reasonable assistance to
the Bidder in disposal of such claim, and shall at no time admit to any liability
for, or express any intent, to settle the claim. The Bidder shall also reimburse
all incidental costs, which the Bank incurs in this regard.
3.54.2.In the event of the Bidder not fulfilling its obligations under this clause within
the period specified in the notice issued by the Bank, Bank has the right to
recover the amounts due to it under this provision from any amount payable to
the Bidder under this project.
3.54.3.The indemnities under this clause are in addition to and without, prejudice to
the indemnities given elsewhere in this agreement.
third party resulting from such infringement, the Bidder shall be fully
responsible for, including all expenses and court and legal fees.
3.55.3.The Bank will give notice to the Bidder of any such claim without delay,
provide reasonable assistance to the Bidder in disposing of the claim, and shall
at no time admit to any liability for or express any intent to settle the claim.
3.55.4.The Bidder shall grant to the Bank a fully paid-up, irrevocable, non-exclusive
license throughout the territory of India or abroad to access, replicate and use
software (and other software items) provided by the Bidder, including-all
inventions, designs and marks embodied therein in perpetuity.
3.56. Confidentiality
3.56.1.This document contains information confidential and proprietary to Union Bank
of India. Additionally, the Bidder may be exposed by virtue of the contracted
activities to internal business information of Union Bank of India, affiliates,
and/or business partners. Disclosure of receipt of this RFP or any part of the
afore-mentioned information to parties not directly involved in providing the
services requested could result in the disqualification of the Bidder, premature termination of the contract, or legal action against the Bidder for
breach of trust.
3.56.2.No news release, public announcement, or any other reference to this RFP or
any program there under shall be made without written consent from Union
Bank of India. Reproduction of this RFP, without prior written consent of Union
Bank of India, by photographic, electronic, or other means is strictly
prohibited.
3.56.3.Non-disclosure Agreement shall be executed by the Bidder with the Bank as per
the format prescribed in Annexure 7
3.56.4.The Bidder (and his employees) shall not, unless the Bank gives permission in
writing, disclose any part or whole of this RFP document, of the proposal
and/or contract, or any specification, plan, drawing, pattern, sample or
information furnished by the Bank (including the users), in connection
therewith to any person other than a person employed by the Bidder in the
performance of the proposal and/or 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. The employees or the third party
engaged by the Bidder will maintain strict confidentiality.
3.56.5.The Bidder, his employees and agents shall not, without prior written consent
from the Bank, make any use of any document or information given by the Bank
or its Authorized personnel, except for purposes of performing the contract
award.
3.56.6.In case of breach the Bank shall take such legal action as it may be advised.
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3.58.10. In the event of any claim asserted by the third party of infringement of
copyright, patent, trademark or industrial design rights arising from the use of
the Goods or any part thereof in India, the vendor shall act expeditiously to
extinguish such claims. 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 including all expenses, court costs
and lawyer fees. Bank will give notice to the vendor of such claims, if it is
made, without delay by fax/e-mail/registered post.
3.58.11. One bidder should submit one bid only.
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1.5.That the execution of the Service(s) herein is and shall be in accordance and
in compliance with all applicable laws as amended from time to time.
1.6.That there are (a) no legal proceedings pending or threatened against
Service provider or its team which adversely affect/may affect performance
under this Contract / Agreement; and (b) no inquiries or investigations have
been threatened, commenced or pending against the Service provider or any
sub-Service provider / third part or its team members by any statutory or
regulatory or investigative agencies.
1.7.That neither the execution and delivery by the Service provider of the
Contract / Agreement nor the Contractors compliance with or performance
of the terms and provisions of the Contract / Agreement (i) will contravene
any provision of any applicable law or any order, writ, injunction or decree of
any court or governmental authority binding on the Service provider (ii) will
conflict or be inconsistent with or result in any breach of any or the terms,
covenants, conditions or provisions of, or constitute a default under any
agreement, contract or instrument to which the Service provider is a party or
by which it or any of its property or assets is bound or to which it may be
subject or (iii) will violate any provision of the Memorandum and Articles of
Association of the Contractor.
1.8.The Service provider shall not charge any fees to the customers of the Bank
directly for the services rendered by them on behalf of the Bank.
1.9.The service provider shall not sell/compel the customers of the Bank to buy
third party products along with the Banks product.
2. Compliance Requirements
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
2.1.The entire activity and Services would be guided by and conform to policies
and guidelines of the Bank, Reserve Bank of India , IDRBT, State and Central
Governments, legal provisions etc.
2.2.Information Security standards for end-to-end solution would conform to ISO
27001, CERT-In guidelines, IT Act 2000, The information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal data or
Information) Rules, 2011 (IT SPD Rules), RBI, Government, IDRBT and the
Banks policies.
2.3.The business practices, processes adopted for rendering services, maintenance
of records, accounting norms & procedures etc for banking and financial
services shall conform to regulatory, legal and the Banks policies and
guidelines.
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3. Subcontracting
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
3.1.It is agreed between the parties that service provider shall not procure
services either through subcontract without the prior written permission of the
Bank. If subcontracting is permitted by the Bank then;
3.1.1. Service provider shall be responsible for all the services provided to the
Bank regardless of which entity is conducting the operations on behalf
of contractor.
3.1.2. The Service provider shall be responsible for managing the activities of
its personnel and/or the personnel of subservice provider and under
no circumstances and at no point of time the subservice provider of the
Service provider will be considered employees, subservice provider or
agent of the Bank.
3.1.3. The Service provider shall be responsible for ensuring that the SubContractor comply with all security & confidentiality requirement of
the Bank set out in this agreement and the Bank can obtain
independent report for the same.
4. Human Resource Requirement
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
4.1.The Service provider shall provide a contingent of well trained personnel and
extend necessary mentoring and operational support to the intermediary
network of agents, etc. as part of the solution/service.
4.2.The Service provider shall confirm that every person deployed by them on the
project has been vetted through a third-party background check prior to their
engagement. The Service provider shall manage the activities of its personnel
or others engaged in the project, etc and shall be accountable for all the
personnel deployed/engaged in the project.
4.3.In case the performance of the Business Correspondents/their
CSP/agent/employees engaged in the project is not satisfactory or is
detrimental to the interests of the Bank, The Service provider shall have to
replace the said person within the time limits stipulated by the Bank. Where
the Service provider fails to comply with the Banks request, the Bank may
replace the said person, Business Correspondent or their agents/employees on
its own.
4.4.No right to employment in the Bank shall accrue or arise to the employees or
agents of the Service provider, by virtue of engagement of employees, agents,
etc. of The Service provider for any assignment under this project. It is further
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clarified that the arrangement herein with the Service provider is a contract
for service.
4.5.The Service provider shall exercise due diligence and only engage persons
having established identity, integrity, requisite qualifications and skills and
deployment experience for all critical activities.
4.6.The Service provider shall extend all of the outsourced banking and financial
services by deploying such personal that have high integrity and meet the
qualifications and other criteria stipulated by the Reserve Bank of India ,
Government or the Bank from time to time and agrees and undertake that
during the subsistence of this agreement they will not employ any
personnel/individual below the Minimum Wages fixed by appropriate
Government on this behalf from time to time ,as per the provisions of
Minimum Wages Act 1948.
5. Service Levels
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
5.1.The Service provider shall proceed to carry out the Service(s) with diligence
and care in accordance with any stipulation as to the time, manner, mode,
and method of execution contained in the Contract / Agreement and shall
meet the standards of good industry practice.
5.2.Notwithstanding generality of the foregoing, the Service provider shall achieve
the service levels and key performance matrixes stipulated by the Bank under
the contract.
5.3.Standard of Performance
The Service provider shall perform the Service(s) and carry out its obligations
under the Contract with due diligence, efficiency and economy, in accordance
with generally accepted techniques and practices used in industry and with
professional engineering standards recognized by the international
professional bodies and shall observe sound management, technical and
engineering practices. It shall employ appropriate advanced technology,
procedures and methods. The Service provider shall always act, in respect of
any matter relating to the Contract, as faithful advisors to the Bank and shall,
at all times, support and safeguard the Bank's legitimate interests in any
dealing with third parties.
5.4.Key Performance Measurements
Unless specified by the Bank to the contrary, the Service provider shall
perform the Service(s) and carry out the Service(s) under and in accordance
with the terms of the Contract / Agreement and as per the good industry
practice.
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5.5.Reporting Progress
The Service provider shall monitor progress of all the activities specified in the
program of work/ Service(s) and submit free of cost weekly progress report
about various aspect of the work/Service(s) to the Bank. The Bank on mutual
agreement between both Parties may change the periodicity of such reports.
6. Intellectual Property Rights and Patent Rights
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
6.1.Purchaser/the Bank shall own and have a right in perpetuity to use all
Intellectual Property Rights which have arisen out of or in connection with the
implementation of the Contract, if any, including all processes, products and
Services which have been developed by the Service provider during the
performance of Service(s) and for the purposes of inter-alia, use or sub-license
of such service(s) under the Contract. The Service provider undertakes to
disclose all Intellectual Property Rights arising out of or in connection with the
performance of the service(s) to the Bank and execute all such
agreements/documents and file all relevant applications, effect transfers and
obtain all permits, approvals, consents and no objections that may be
necessary in this regard to effectively transfer and conserve the Intellectual
Property Rights of the Bank.
6.2.Further, the Service provider shall be obliged to ensure that all approvals,
consents, no objections, registrations, licenses, permits and rights which are
inter-alia necessary for use of the information technology system installed by
the Contractor, shall be acquired in the name of the Bank, prior to
termination of the Contract and which shall be assigned by the Bank if
necessary under the applicable laws or otherwise to the Service provider for
the purpose of execution of any of its obligations under the terms of the bid,
or the Contract. However, subsequent to the term of the Contract, such
approvals, consents, no objections, registrations, licenses, permits and rights
etc., shall ensure to the exclusive benefit of the Bank.
6.3.The Service provider shall ensure that while it uses any software, hardware,
processes or material in the course of performing the service(s), it does not
infringe the Intellectual Property Rights of any person and the Service provider
shall keep the Bank, its directors, employees, agents and representatives
indemnified against all costs, charges, expenses, liabilities, claims, damages,
litigations, suits, judgments and / or otherwise howsoever, arising out of any
illegal or unauthorized use (piracy) or in connection with any claim or
proceedings relating to any breach or violation of any permission/license
terms or infringement of any Intellectual Property Rights by the Service
provider or any sub-Service provider during the course of performance of the
service(s).
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7. Information Security
7.1.The Service provider and its personnel shall not carry any written material,
layout, diagrams, floppy diskettes, hard disk, storage tapes or any other media
out of the Bank's premises without written permission from the Bank.
7.2.The Service provider personnel shall follow the Banks information security
policy and instructions in this behalf.
7.3.The Service provider acknowledges that the Bank's business data and other
proprietary information or materials, whether developed by the Bank or being
used by the Bank pursuant to a license agreement with a third party (the
foregoing collectively referred to herein as proprietary information) are
confidential and proprietary to the Bank; and the Service provider agrees to
use reasonable care to safeguard the proprietary information and to prevent
the unauthorized use or disclosure thereof, which care shall not be less than
that used by Service provider to protect its own proprietary information.
Service provider recognizes that the goodwill of the Bank depends, among
other things, upon Service provider keeping such proprietary information
confidential and that unauthorized disclosure of the same by Service provider
could damage the Bank. By reason of Contractors duties and obligations
hereunder, Service provider may come into possession of such proprietary
information, even though the Service provider does not take any direct part in
or furnish the Service(s) performed for the creation of said proprietary
information and shall limit access thereto to employees with a need to such
access to perform the Services required by the Contract / Agreement. Service
provider shall use such information only for the purpose of performing the
Service(s).
7.4.Service provider shall, upon termination of the Contract / Agreement for any
reason, or upon demand by the Bank/ Purchaser, whichever is earliest, return
any and all information provided to Service provider by the Bank, including
any copies or reproductions, both hardcopy and electronic.
8. Ownership and Retention of Documents
8.1.The Bank shall own the documents, prepared by or for the Service provider
arising out of or in connection with the Contract / Agreement. The services
provider shall preserve the documents and data in accordance with the
legal/regulatory obligation of the Bank.
8.2.Forthwith upon expiry or earlier termination of the Contract / Agreement and
at any other time on demand by the Bank, the Service provider shall deliver to
the Bank all documents provided by or originating from the Bank and all
documents produced by or from or for the Service provider in the course of
performing the Service(s), unless otherwise directed in writing by the Bank at
no additional cost. The Service providers shall not, without the prior written
consent of the Bank store, copy, distribute or retain any such Documents.
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9. Data Ownership
By virtue of the Contract / Agreement, the Contractors team may have access to
personal and business information of the Bank and / or a third party. The Bank has
the sole ownership of and the right to use, all such data in perpetuity including any
data or other information pertaining to the subscriber that may be in the possession
of the Service provider or Contractors team in the course of performing the
Service(s) under the Contract / Agreement.
10. Confidentiality
The service provider hereby represents and warrants that they shall ensure the
preservation and protection of the security and confidentiality of the
beneficiary/customer information or data which are in the custody or possession of
the service provider. They further represents and warrants that they shall ensure the
preservation and protection of the sensitive personal data or information as
defined/laid down in The information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 2011 (IT SPD Rules).
The Parties agree that they shall hold in trust any Confidential Information received
by either Party, under the Contract / Agreement, and the strictest of confidence shall
be maintained in respect of such Confidential Information. The Parties also agree:
a) to maintain and use the Confidential Information only for the purposes of the
Contract / Agreement and only as permitted herein;
b) to only make copies of such documents / papers as specifically authorized by
the prior written consent of the other party and with the same confidential or
proprietary notices as may be printed or displayed on the original;
c) to restrict access and disclosure of Confidential Information to such of their
employees, agents, service providers, and Service providers strictly on a "need
to know" basis, to maintain confidentiality of the Confidential Information
disclosed to them in accordance with this Clause and d). In the event of earlier
termination of the Contract / Agreement, the Parties hereby agree to maintain
the confidentiality of the Confidentiality obligation shall survive the
termination of this agreement.
Confidential Information does not include information which:
i) the recipient knew or had in its possession, prior to disclosure, without
limitation on its confidentiality;
ii) information in the public domain as a matter of law;
iii) is received from a third party not subject to the obligation of confidentiality
with respect to such information;
iv) is released from confidentiality with the written consent of the other Party.
The recipient shall have the burden of proving that Clauses (i) or (ii) above are
applicable to the information in the possession of the recipient. Notwithstanding the
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foregoing, the Parties acknowledge that the nature of the Service(s) to be performed
under this Contract / Agreement may require the Service provider's personnel to be
present on premises of the Bank or may require the Service provider's personnel to
have access to computer networks and databases of the Bank while on or off premises
of the Bank. It is understood that it would be impractical for the Bank to monitor all
information made available to the Service provider under such circumstances and to
provide notice to the Service provider/ Service provider of the confidentiality of all
such information. Therefore, the Service provider agrees that any technical or
business or other information of the other party that the Contractors personnel, sub
Service providers, or agents acquire while on the Bank's premises, or through access
to the Bank's computer systems or databases while on or off the Bank's premises, shall
be deemed Confidential Information. Confidential Information shall at all times
remain the sole and exclusive property of the disclosing Party. Upon termination of
the Contract / Agreement, Confidential Information shall be returned to the
disclosing Party or destroyed, if incapable of return. The destruction shall be
witnessed and so recorded, in writing, by an authorized representative of each of the
Parties. Nothing contained herein shall in any manner impair rights of the Bank in
respect of the Systems, Service(s), and Documents etc.
In the event that any of the Parties hereto becomes legally compelled to disclose any
Confidential Information, such Party shall give sufficient notice to the other Party to
enable the other Party to prevent or minimize to the extent possible, such disclosure.
Neither party shall disclose to a third party any Confidential Information or the
contents of the Contract / Agreement without the prior written consent of the other
Party. The obligations of this Clause shall be satisfied by handling Confidential
Information with the same degree of care, which the receiving Party applies to its
own similar confidential information but in no event less than reasonable care. The
obligations of this Clause shall survive the expiration, cancellation or termination of
this Contract / Agreement. The provision of this clause shall survive termination of
the Contract / Agreement till such Confidential Information enters public domain and
as stated above.
11. Bank's/Reserve Bank of Indias Right of Inspection and Periodic Audit
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
11.1. The Bank/Reserve Bank of India reserves the right to inspect and
monitor/assess the progress of the Services at any time during the course of
the Contract / Agreement. The Bank may demand and upon such demand
being made, the Bank shall be provided with any document, data, material or
any other information, which it may require, to enable it to assess the
progress of the Services.
11.2. The project shall confirm to the Bank/Reserve bank of Indias policies and
would be subject to Internal and External audits or agents appointed to act on
its behalf and to obtain copies of any audit or review reports and findings
made on the service provider in conjunction with the services performed for
the Bank.
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11.3. The Service provider shall allow the Reserve Bank of India or persons
authorized by them to access the Bank/service providers documents, records
& service providers transactions and other necessary information given to or
stored or processed by the service provider within a reasonable time. In the
event these are not made accessible to Reserve Bank of India within a
reasonable time, the service provider will reimburse the Bank which they may
be liable to pay supervisory fees to Reserve Bank of India.
11.4. The Service provider is required to extend all necessary co-operations to
facilitate audit process.
11.5. The Service provider shall have adequate audit controls and track normal and
exception transactions.
11.6. The Bank shall utilize the services of internal or external auditors for ensuring
proper operations by the Service provider.
11.7. The Bank/Reserve Bank of India shall also arrange for a random verification
for better control and shall have the right to review and monitor the security
practices and control processes of the service provider on regular basis and
require the service provider to disclose security breaches if any.
11.8. The Bank/Reserve Bank of India
reserve its right to inspect and
monitor/access the progress/activities of the services and Complaint Register
and other related documents
at any time during the course of the
contract/agreement. The Bank/ Reserve Bank of India may demand and upon
such demand being made, the Bank/ Reserve Bank of India shall be provided
with any document, data, material, Complaint Register or any other
information, which it may require, to enable it to access the activity, details
of compliant redressals and progress of the services.
12. Review Of Contract And Performance
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under;
12.1. The Bank shall have the right of quarterly review of the performance of the
Service provider under the contract which would be basis of continuation or
termination of the same. The Bank on mutual agreement between both
Parties may change the periodicity of such review.
12.2. The Bank shall also have the right to review, either itself or through another
agency as it may deem fit, the financial and operating performance of the
service provider in order to assess the ability of the Service provider to
continue to meet its outsourcing/contractual obligations
13. Delay in the Contractors Performance
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
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13.1. Time is the essence of contract. Time period for delivery, installation and
implementation will be drawn up by the Bank or as given in the contract and
service provider should adhere to the schedule and complete the project
within given time. Performance of the Contract shall be made by the Service
provider in accordance with the time schedule specified by the Bank. The
Bank will impose following penalties apart from the liquidated damages,
termination of contract etc. and will be recovered from the Service provider
from his payment.
13.2. A delay by the Service provider in the performance of its Contract obligations
shall render the Service provider liable to any or all the following sanctions:
a) Forfeiture of its performance Bank guarantee if any ,
b) Imposition of liquidated damages and penalties, and / or
c) Termination of the Contract for default
14. User Acceptance Test and Quality Check
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
14.1. The Bank or its representative shall have the right to inspect and/or to test
the goods and/or Services to check their conformity to the Contract
specifications at no extra cost to the Bank.
14.2. The inspections and test may be conducted on the premises of the
Contractor, at point of delivery and / or at the final destination. If conducted
on the premises of the Contractor, all reasonable facilities and assistance,
including access to drawings and production data, shall be furnished to the
inspectors at no charge to the Bank.
14.3. Should any inspected or tested goods or services fail to conform to the
specifications, the Bank may reject the goods and/or services, and the
Service provider shall either replace the rejected goods and/or services or
make alterations necessary to meet specification requirements free of cost to
the Bank.
14.4. Pre-delivery /acceptance Inspection will be carried out by the Bank through
its staff / consultant at Contractors site / location or at any of the Banks
site / location depending on the exigencies of the Bank. The Service provider
shall keep ready the equipment for inspection if the inspection is carried out
at the Banks Site, the Service provider should provide all assistance including
manpower. There shall not be any additional charges for such inspection.
However, the Bank will have the discretion to recover the costs related to
travel and stay of its staff / consultants.
15. Business Continuity Plan
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under
15.1. The parties shall comply with the provisions of the Business Continuity Plan
and the Service provider shall ensure that it is able to implement the Business
Continuity Plan at any time in accordance with its terms.
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15.2. The Service provider shall test the Business Continuity Plan on a regular basis
(and in any event not less than once in every 12 month period) jointly with
the Bank. The Bank may require the Service provider to conduct additional
tests of the Business Continuity Plan where the Bank considers it necessary,
including where there has been any change to the Services or any underlying
business processes, or on the occurrence of any event which may increase the
likelihood of the need to implement the Business Continuity Plan. The
Authority reserves the right to attend any Business Continuity Plan test
undertaken by the Contractor.
15.3. If the Bank requires an additional test of the Business Continuity Plan it shall
give the Service provider written notice and the Service provider shall
conduct the test in accordance with the Banks requirements and the relevant
provisions of the Business Continuity Plan. The Contractor's costs of the
additional test shall be borne by the Bank unless the Business Continuity Plan
fails the additional test in which case the Contractor's costs of that failed test
shall be borne by the Contractor
15.4. Following each test, the Service provider shall send to the Authority a written
report summarising the results of the test and shall promptly implement any
actions or remedial measures which the Bank considers to be necessary as a
result of those tests.
15.5. The Service provider shall undertake regular risk assessments and/or business
impact analysis in relation to the provision of the Services not less than once
every six months and shall provide the results of, and any recommendations in
relation to those risk assessments or business impact analysis to the Authority
promptly in writing following each review.
16. Indemnity
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under
16.1. The Service provider agrees to indemnify and keep indemnified, defend and
hold
harmless Purchaser and its directors, employees, agents and
representatives from and against any , loss, damages, liabilities, claims,
litigations, suits, actions, judgments, and or otherwise including but not
limited to those from third parties or liabilities of any kind howsoever
suffered, arising out of or incurred inter alia during and after the Contract
period including but not limited to third-party claims due to infringement of
patent, trademark, Intellectual Property Rights, copyrights or industrial
drawings and designs arising from use of the services or any part thereof and
/ or otherwise.
16.2. Further, the said indemnity shall also be available for any of actions arising
out of or in connection with the Contractor's breach of the representations
and warranties specified in the Contracts/Agreement; acts or omissions of
negligence or misconduct by the Service provider or its professionals,
representatives, agents, subcontractor, security analysts, consultants and
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17.3. If a Force Majeure situation arises, the Service provider shall promptly notify
the Bank in writing of such conditions and the cause thereof. Unless otherwise
directed by the Bank in writing, the Service provider 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. the Bank may terminate the Contract
/ Agreement, by giving a written notice of minimum 30 (thirty) days to the
Contractor, if as a result of Force Majeure the Service provider is unable to
perform a material portion of the Service(s) for a period of more than 60
(sixty) days.
18. Relationships between the Parties
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
18.1. The Service(s) of the Service provider herein shall not be construed as any
agency of the Bank and there shall be no principal and agent relationship
between the Bank and the Service provider in this regard.
18.2. Nothing in the Contract / Agreement constitutes any fiduciary relationship
between the Bank and Service Provider/ Service Providers Team or any
relationship of employer - employee, principal and agent, or partnership,
between the Bank and Service Provider.
18.3. No Party has any authority to bind the other Party in any manner whatsoever
except as agreed under the terms of the Service Provider/ Service Provider.
18.4. The Bank has no obligations to the Service Provider/ Service Providers team
except as agreed under the terms of the Contract / Agreement.
19. No Assignment
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
19.1. The Contract / Agreement cannot be transferred or assigned by the Service
provider without the prior written approval of the Bank.
20. Termination
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under
20.1. The Bank may, terminate the Contract / Agreement by giving the Service
provider a prior and written notice of 30 days indicating its intention to
terminate the Contract / Agreement under the following circumstances:
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21.2. In the event that the termination of the Contract / Agreement is due to the
expiry of the term of the Contract / Agreement, a decision not to grant any
(further) extension by the Bank, the Service provider herein shall be obliged
to provide all such assistance to the next successor Service provider or any
other person as may be required and as the Bank may specify including
training, where the successor(s) is a representative/personnel of the Bank to
enable the successor to adequately provide the Service(s) hereunder, even
where such assistance is required to be rendered for a reasonable period that
may extend beyond the term/earlier termination hereof.
21.3. Where the termination of the Contract / Agreement is prior to its stipulated
term on account of a default on part of the Service provider or due to the fact
that the survival of the Service provider as an independent corporate entity is
threatened/has ceased, the Bank shall pay the Service provider for that part
of the Service(s) which have been authorized by the Bank and satisfactorily
performed by the Service provider up to the date of termination, without
prejudice to any other rights, the Bank may retain such amounts from the
payment due and payable by the Bank to the Service provider/ Service
provider as may be required to offset any losses caused to the Bank as a result
of any act/omissions of the Service provider / Service provider. In case of any
loss or damage due to default on the part of the Service provider / Service
provider in performing any of its obligations with regard to executing the
Service(s) under the Contract / Agreement .The Service provider / Service
provider shall compensate the Bank for any such loss, damages or other costs,
incurred by the Bank. Additionally, the sub Service provider / Service provider
/ other members of its team shall continue to perform all its obligations and
responsibilities under the Contract / Agreement in an identical manner as
were being performed hitherto before in order to execute an effective
transition and to maintain business continuity. All third parties shall continue
to perform all / any functions as stipulated by the Bank and as may be proper
and necessary to execute the service(s) under the Contract / Agreement in
terms of the Service provider's / Service providers bid and the Contract /
Agreement.
21.4. Nothing herein shall restrict the right of the Bank to invoke the Performance
Bank Guarantee and other guarantees, securities furnished, enforce the Deed
of Indemnity and pursue such other rights and / or remedies that may be
available to the Bank under law or otherwise.
21.5. The termination hereof shall not affect any accrued right or liability of either
Party nor affect the operation of the provisions of the Contract / Agreement
that are expressly or by implication intended to come into or continue in
force on or after such termination.
21.6. Termination survives the Contract / Agreement.
In the event of termination of this Agreement for any reason, the Bank shall have the
right to publicize such termination to caution the customers/public from dealing with
the Contractor.
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Paid up capital
Tangible
Net
Worth
(excluding
Revaluation
Reserve)
Net Sales of the Company
Gross Profit
Net Profit (Profit After Tax)
2015-16
2014-15
2013-14
Note: Enclose copies of audited balance sheets along with the Bid.
C. Proposed Service details in brief:
Description of service
Details of similar service provided to banks in India
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We also undertake that, we are not involved in any legal case that may affect the
solvency / existence of our firm or in any other way that may affect capability to
provide / continue the services to the Bank.
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Date:
To:
The Dy. General Manager
Union Bank of India,
Department of Information Technology,
5th Floor, Technology Centre, Adi Shankaracharya Marg,
Opp: Powai Lake, Powai, Mumbai 400072.
Dear Sir,
We the undersigned, having examined the Request for Proposal (RFP) for Implementation of
Bharat Bill Payment Payment System (BBPS) solution under outsourced model, in conformity
with the said RFP, for such amount as may be ascertained in accordance with the Schedule of
Prices submitted.
If our proposal is accepted, to commence operations within six to ten weeks calculated from
the date of acceptance of your notification of award / letter of intent / purchase order, as
provided under Clause Start of Services - of RFP. We agree to hold this proposal valid for a
period of 180 days from the last date of submission of proposal, which shall remain binding
upon us and may be accepted at any time before the expiry of the period. We further confirm
that1. We agree to abide by the Bid and the rates quoted therein for the orders awarded by the
Bank up to the period prescribed in the Bid which shall remain binding upon us.
2. In case we offer system and/or other software manufactured by another company, such
software operates effectively on the system offered by us and we are willing to accept
responsibility for its successful operations.
3. Until a formal contract is prepared and executed, this proposal, together with your
written acceptance thereof and Notification of Award, shall constitute a binding Contract
between us.
We undertake that, in competing for (and, if the award is made to us, in executing the above
contract); we will strictly observe the laws against fraud and corruption in force in India
namely Prevention of Corruption Act 1988.
We agree that Union Bank of India is not bound to award the contract to the L1 bidder
emerging from the reverse auction process.
We undertake that as on date of submission of tender, we have not been barred / blacklisted
by the Central Government / any of the State Governments in India or any Financial
Institution in India or any Public Sector Undertaking (PSU).
We also undertake that, we are not involved in any legal case that may affect the solvency /
existence of our firm or in any other way that may affect capability to provide / continue the
services to the Bank.
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Date:
To:
The Dy. General Manager
Union Bank of India,
Department of Information Technology,
5th Floor, Technology Centre, Adi Shankaracharya Marg,
Opp: Powai Lake, Powai, Mumbai 400072.
Sub: Letter of Authorisation to submit Bid for Implementation of Bharat Bill Payment
System (BBPS) solution under outsourced model.
Dear Sir,
We M/s................................... (Name and address of the Principal) hereby
authorize M/s. ........................ (Name and Address), our Business Partner/
Authorised Distributors to submit a proposal, and sign the proposal on behalf of us for
all the systems/ services required by the Bank, as called for vide the Bank's request
for proposal bearing reference RFP for Implementation of Bharat Bill Payment System
(BBPS) solution under outsourced model.
We hereby undertake to bind ourselves with the Bank if the proposal submitted as
above is duly accepted by the Bank.
Yours faithfully,
Name:
Designation:
(Name and Address of the Bidder on whose behalf the proposal is submitted)
Note: This letter of authority should be on the letter head of the Bidder, on whose behalf the
proposal is submitted and should be signed by a person competent and having the Power of
Attorney to bind the Bidder. It should be included by the Bidder in its proposal.
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Name
(In Block letters)
Designation
(Staff Code No.)..
Official address:
(Banks Common Seal)
Attorney as per power of Attorney No.
Date:
WITNESS:
1 (Signature with Name, Designation & Address)
2 (Signature with Name, Designation & Address)
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any demur and merely on demand in writing from you during the currency stating that
the amount claimed is due by way of failure on the part of the vendor or loss or
damage caused to or suffered / or would be caused to or suffered by you by reason of
any breach by the said vendor of any of the terms and conditions of the said contract,
in part or in full. Any such demand made on us shall be conclusive as regards the
amount due and payable under this guarantee. However our liability under this
guarantee shall be restricted to an amount not exceeding Rs.1,00,000/- (Rupees One
Lac Only) within the validity period of this guarantee.
We ______________( Name of the Guarantor Bank), further agree that this guarantee
shall continue to be valid will you unless you certify that the vendor has fully
performed all the terms and conditions of the said contract and accordingly discharge
this guarantee, or until ______________ , whichever is earlier. Unless a claim or
demand is made on us in writing under this guarantee on or before ______________,
we shall be discharged from all our obligations under this guarantee. If you extend
the schedule dates of performance under the said contract, as per the terms of the
said contract, the vendor shall get the validity period of this guarantee extended
suitably and we agree to extend the guarantee accordingly at the request of the
vendor and at our discretion, provided such request is served on the bank on or
before ______________.
Failure on part of the vendor in this respect shall be treated as a breach committed
by the vendor and accordingly the amount under this guarantee shall at once become
payable on the date of receipt of demand made by you for payment during the
validity of this guarantee or extension of the validity period.
You will have fullest liberty without affecting this guarantee to postpone for any time
or from time to time any of your rights or powers against the vendor and either to
enforce or forebear to enforce any or all of the terms and conditions of the said
contract. We shall not be released from our liability under this guarantee by the
exercise of your liberty with reference to matters aforesaid or by reason of any time
being given to the vendor or any other forbearance act or omission on your part or
any indulgence by you to the vendor or by any variation or modification of the said
contract or any other act, matter or thing whatsoever which under the law relating to
sureties would but for the provisions hereof have the effect of so releasing us from
our liability hereunder.
In order to give full effect to the guarantee herein contained you shall be entitled to
act as if we are your principal debtors in respect of all your claims against the vendor
hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of
surety ship and other rights if any which are in any way inconsistent with the above or
any other provision of this guarantee.
The words the vendor, the beneficiary of this guarantees i.e. Yourself, and ourselves
i.e. __________________( Name of the Guarantor Bank), unless repugnant to the
context or otherwise shall include their assigns, successors, agents, legal
representatives. This guarantee shall not be effected by any change in the
constitution of any of these parties and will ensure for and be available to and
enforceable by any absorbing or amalgamating or reconstituted company or concern,
in the event of your undergoing any such absorption, amalgamation or reconstitution.
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This guarantee shall not be revocable during its currency except with your prior
consent in writing. This guarantee is non-assignable and non-transferrable.
Notwithstanding anything contained herein above:
I)
Our liability under this bank guarantee shall not exceed Rs. 1,00,000/- (Rupees
One Lac only)
II)
This bank guarantee shall be valid upto _____________.
III)
We are liable to pay the guaranteed amount or any part thereof under this
bank guarantee only if you serve upon us a written claim or demand (and which
should be received by us), on or before ____________ before 12:00 hours (Indian
standard time) where after it ceases to be in effect in all respects whether or not the
original bank guarantee is returned to us.
This guarantee deed must be returned to us upon expiration of the period of
guarantee.
Signature
Name
(In Block letters)
Designation
(Staff Code No.)..
Official address:
(Banks Common Seal)
Attorney as per power of Attorney No.
Date:
WITNESS:
1 (Signature with Name, Designation & Address)
2 (Signature with Name, Designation & Address)
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By: ________________________
(Authorized Signature)
Title:________________________
Date:________________________
Page 59 of 85
Sr No
Particulars
(A)
(B)
Cost of Transaction
Financial Transaction
Non-Financial Transaction
Total:
(B)
Table 3:
TCO
Note:
Bidders to strictly quote in the format and for periods as mentioned above.
No counter condition/assumption in response to commercial bid will be accepted. Bank
reserves the right to reject such bid
The price quoted by the bidder should be inclusive of the cost of customization for the
features which are stated as Customization required by the bidder.
No of transactions per month is for calculation purpose only and not to be considered
as a guaranteed volume.
Bank shall reimburse the rate per transactions X actual number of transactions happen
during the month.
The person day rate is considered for calculation of the TCO
The efforts being put in for customization should be justified by the vendor through the
FPA (functional point analysis) method and approved by Banks internal effort
estimation committee.
Date:
Place:
AUTHORISED SIGNATORY
Name:
Designation:
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(Name of manufacturer/Developer)
Note: This letter of authority should be on the letterhead of the manufacturer(s)
and should be signed by a competent person representing the manufacturer
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Bidder
Response
(YES/NO)
TECHNICAL SCOPE
SR NO
SPECIFICATION
1. INTERFACING
2.1 Cash
2.2 Debit cards/Credit cards
2.3 Online/Net-banking
2.4 IMPS
2.5 Mobile Banking
2.6 Prepaid Instruments (Wallets and Cards)
2.7 UPI
2.8 CBS Interface for Cash / Transfer
3.2
4.2
4.3
5 SETTLEMENT PROCESS
5.1
ON-US
5.2
OFF-US
6 REFUND/REVERSAL PROCESS
6.1
6.2
Refund and reversal files along with MIS report as per Bank's specification
to be provided
6.3
6.4
7.2
Compliance Requirements
7.3
OTP validation
8.3
9 MIS/Reporting System
25 Reports will be part of the scope for which the formats shall be
conveyed by the Bank as and when required.
9.1
10 DISPUTE MANAGEMENT SYSTEM
10.1
11 TRAINING
Trainer's training programme on the solution in various Batches at
Mumbai for total of 24 classroom Hrs.
11.1
12 OTHER GENERAL POINTS
12.1
12.2
Bank requires a robust enterprise wide solution for Bharat Bill Payment
System (BBPS) to facilitate Bill payment activity through its Branches and
Online through its website.
The offered solution should be implemented at bidders Data Centre
and Disaster Recovery Centre and should have a separate test set up.
12.4
12.5
12.6
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Offered Bharat Bill Payment (BBPS) solution should also facilitate online DC
- DR replication and retrieval capability in a seamless manner.
12.7
12.8
12.9
12.10
12.11
12.12
The solution should be capable of backing up the data for disaster recovery
and storing it for regulatory compliance. In case of any need the Data
should be made available to Bank.
12.13
12.14
Offered solution to directly interface with NPCI host, CBS, Mobile Banking,
Internet Banking, Bank Base24 ATM Switch, Kiosks, USSD/NUUP, and FI
gateway without any middleware.
Appropriate network connectivity with adequate bandwidth between Bank
DC- Bidder DC and Bank DR Bidder DC and cross connection is integral part
of scope of this RFP without any additional cost to Bank.
12.15
12.16
12.17
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12.18
Successful bidder has to provide access of their UAT region to test all the
deliverables. Bidder has to ensure availability of network connectivity and
all dependent entities in place to carry out testing without any additional
cost to Bank.
12.19
12.20
12.21
POC readiness should be arranged in bidders own setup and the bidder has
to bear all the cost required for such setup. The demonstration to Bank will
be arranged through either online or offline site visit as per the requirement
of Bank. No separate cost will be given for POC. However, Banks decision is
final in selecting the appropriate model after successful POC.
Note:
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__________________________________
Company / Organization
__________________________________
__________________________________
Date
________________
__________________________________
__________________________________
__________________________________
Verified above signature
Date
__________________________________
________________
Page 66 of 85
RFP for Banks Implementation of Bharat Bill Payment System (BBPS) Solution under
outsourcing model
Reverse Auction through E-Procurement
The detailed procedure for Reverse Auction to be followed in the RFP for Banks
Implementation of Bharat Bill Payment System (BBPS) Solution under outsourcing
model Project is given below:
The response to the present tender will be submitted by way of submitting the
Technical offer & Indicative Commercial offers in separate sealed covers. The
technical details with the relevant information /documents/acceptance of all terms
and conditions strictly as described in this tender document will have to be submitted
by the Bidders. The Indicative commercial bids submitted by the Bidders who are
short listed in the technical bid evaluation process will be opened and those Bidders
will be invited to participate in the online Reverse Auction to be conducted by the
company selected by the Bank. Bidders who are short listed from Technical
evaluation will be trained by the Reverse Auction Company for this purpose, and they
will have to abide by the E-business rules framed by the Bank in consultation with
Reverse Auction Service provider. The e-business rules are furnished hereunder in this
document.
Further, please note that the Bidder(s) who do not qualify in the technical bid
processes will not be considered for participation in Reverse Auction. For
participating in reverse auction digital signature is a pre-requisite.
BUSINESS RULES FOR REVERSE AUCTION
1.
APPLICABILITY
1.1. Reverse Auctions are carried out under the framework of rules that are called
Business Rules.
1.2. All bidders participating in Reverse Auction shall understand/accept and give
an undertaking for compliance with the same to the Bank in the prescribed format
Exhibit-A.
1.3. Any bidder not willing to submit such an undertaking shall be disqualified for
further participation respecting the procurement in question.
2.
ELIGIBILITY:
2.1. Only bidders who are technically qualified and who submit the prescribed
undertaking to the Bank alone can participate in Reverse Auction relevant to the
procurement for which RFP is floated.
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3.
3.1. The bidders participating in Reverse Auction shall submit the following duly
signed by the same Competent Authority who signs the offer documents in response
to the RFP:
3.1.1. Acceptance of Business Rules for Reverse Auction and undertaking as per
format in Annexure - 16 Exhibit-A.
3.1.2. Agreement between service provider and bidder. (This format will be given by
the service provider prior to announcement of Reverse Auction.)
3.1.3. Letter of authority authorizing the name/s of official/s to take part in Reverse
Auction as per format in Annexure 16 Exhibit-B.
4.
TRAINING
4.1. The Bank will facilitate training for participation in Reverse Auction either on
its own or through the service provider for the Reverse Auction.
4.2. Where necessary, the Bank/service provider may also conduct a mock reverse
auction to familiarize the bidders with Reverse Auction process.
4.3. Any bidder/bidder not participating in training and/or mock reverse auction
shall do so at his own risk and it shall not be open for him to make any
complaint/grievance later.
5.
5.1. TCO refers to the aggregate amount payable by the Bank for transfer of
ownership.
5.2.
respecting octroi or entry tax shall be paid by the Bank and the bidder shall bear such
expenses.
6.
6.1. The Venue, Date, Time etc. for training in Reverse Auction shall be advised at
the appropriate time.
6.2. The Bank shall Endeavour to fix such Date/Time at mutual convenience to the
bidder/s, service provider and the Bank.
6.3. No request for postponement/fixing of Training Date/Time shall be
entertained which in the sole view and discretion of the Bank might result in any
avoidable delay to either the Reverse Auction or the whole process of selection of
bidder.
7.
7.1. The Date and Time of commencement of Reverse Auction as also Duration of
Reverse Auction Time shall be communicated at least 7 working Days prior to such
auction Date.
7.2. Any force majeure or other condition leading to postponement of auction shall
entitle the Bank to postponement of auction even after communication, but, the
Bank shall be obliged to communicate to all participating bidders the postponement
prior to commencement of such Reverse Auction.
8.
8.1. The Reverse Auction shall be conducted on a specific web portal meant for this
purpose.
8.2. The Reverse Auction may be conducted by the Bank itself or through a service
provider specifically identified/appointed/empanelled by the Bank.
9.
9.1. In all Reverse Auctions conducted by the Bank through a Service Provider, the
Bank shall enter into a separate agreement clearly detailing the role and
responsibilities of the service provider hosting the web portal for the Reverse
Auction.
9.2. For creating necessary obligations and rights, the service provider will also
enter into an agreement with each bidder as per a format designed by him for this
purpose. The Bank shall resolve any points/issues concerning such agreement of
bidder and service provider.
9.3. While a Service Level Agreement (SLA) by the bank with the service provider is
an arrangement for smooth and fair conduct of the Reverse Auction, the Bank shall be
directly responsible to bidders for fair and transparent conduct of Reverse Auction.
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9.4. The service provider at the end of each Reverse Auction shall provide the bank
with all details of the bids and reports of reverse auction.
9.5. The service provider shall also archive the data pertaining to the Reverse
Auction for a minimum period of 3 years.
10.
10.1. Service provider / auctioneer are responsible for conduct of adequate training
to all technically qualified bidders representing the reverse auction and bidding
process.
10.2. Each bidder / bidder shall participate in the training at his / their own cost.
10.3. Wherever it is considered necessary and asked by the bidders or as decided by
the auctioneer or by Bank a mock auction may also be conducted for the benefit of
all concerned.
10.4. Authorized representatives of the bidders named in the authorization letter
given by the bidder (Exhibit-B) shall be given unique user name, password by the
service provider / auctioneer.
10.5. Each bidder shall change the password and edit the information in the
registration page after receipt of initial password.
10.6. All the bids made from the login ID given to bidder shall ipso-facto be
considered bid made by the bidder / bidder to whom login ID and password were
assigned by the service provider / auctioneer.
10.7. Any bid once made through registered login ID / password by the bidder /
bidder cannot be cancelled. The bidder, in other words, is bound to sell the
Offering as per the RFP at the bid price of TCO.
10.8. Every successive bid by the bidder / bidder being decremented bidding shall
replace the earlier bid automatically and the final bid as per the time and log-in ID
shall prevail over the earlier bids.
10.9. The Bank shall conduct the reverse auction as per the Standard English reverse
auction, that is, no two bids can have identical price from two different bidders. In
other words, there shall never be a Tie in bids.
11.
PROXY BID
11.1. A proxy bid is one where bidder can submit the lowest bid amount by him in
strict confidence to the system directly. This obviates the need for him participating
in the bidding process until the proxy bid amount is decrementally reached by other
bidders.
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11.2. When proxy bid amount is reached, the bidder has an option to revise the
proxy bid amount or he can prefer to start participating in bidding process.
11.3. Since it is an English auction with no ties, two bidders submitting identical
proxy bid amount and succeeding in auction simultaneously does not arise.
11.4. During training, the issue of proxy bidding will be clarified in detail by the
service provider.
12.
TRANSPARENCY IN BIDS
12.1. All bidders will be able to view during the auction time the current lowest
price in portal. Bidder shall be able to view not only the lowest bid but also the last
bid made by him at any point of time during the auction time.
13.
MASKING OF NAMES
13.1. Names of bidders/ bidders shall be anonymously masked in the Reverse Auction
process and bidders will be given suitable dummy names.
13.2. After completion of Reverse Auction, the service provider / auctioneer shall
submit a report to the Bank with all details of bid and the original names of the
bidders as also the L1 bidder with his / their original names.
14.
START PRICE
14.1. Bank shall determine the start price either on its own or through asking for
information of price band on TCO from each bidder at appropriate time during or at
the conclusion of technical evaluation. Based on the price band so informed by
bidders, Bank would determine the start price for reverse auction.
15.
15.1. The bidders shall be able to bid only at a specified decrement value and not
at any other fractions. The Bid decrement value shall be Rs. 7500/- or 0.25% of the
Start price of the Reverse Auction, whichever is higher.
15.2. The bid decrement value shall be rounded off to the nearest thousands of
rupees.
15.3. For the sake of convenience of bidders, the web portal shall display the next
possible decremented value of bid. It is not, however, obligatory on the part of
bidders to bid at the next immediate lower level only. (That is, bids can be even at 2
or 3 lower levels than the immediate lower level.)
16.
16.1. The Bank shall supply copy of the Business rules to any bidders / bidders,
wishing to participate in the reverse auction. Such request shall be made in writing
to the Bank by an authorized representative of the bidder.
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16.2. The Bank shall also handover a copy of the Business Rules with a covering
letter duly signed by an authorized signatory of the Bank.
16.3. For any dispute concerning the Business Rules, the hard copy of Business Rules
supplied by the Bank for the reference of reverse auction process will alone be
considered final and bidding.
17.
SPLITTING OF ORDERS
17.1. If any RFP specifically authorizes splitting of orders for the sake of reducing
dependency on single source of supply or provision of service, Bank is entitled to split
the order in the order and as provided in RFP.
17.2. While splitting the order, Bank shall specify the maximum quantum for L1, L2
etc. in RFP.
17.3. In case L2 bidder is not willing to supply at L1 price, Bank shall call L3, L4 etc.
in order to arrive at the split quantum to be awarded.
17.4. The Bank shall also be entitled to award the contract to L2, L3 or L4 etc.
bidders in the event of L1 bidder backing out to honor the commitment, or for that
matter not in a position to supply the offering as per RFP.
18.
18.1. In order to reduce the time involved in the procurement process, Bank shall be
entitled to complete the entire procurement process through a single Reverse
Auction. For this purpose, Bank shall do all it can to award the contract to L1 bidder
or in the circumstances where awarding of contract may have to be done to the L2,
L3 bidder as provided for in the RFP.
18.2. The Bank shall however, be entitled to cancel the procurement of Reverse
Auction process, if in its view procurement or reverse auction process cannot be
conducted in a fair manner and / or in the interest of the Bank.
18.3. The successful bidder shall be obliged to provide a Bill of Material at the last
bid price at the close of auction.
19.
20.1. Any change in Business Rules as may become emergent and based on the
experience gained shall be made only by a Committee of senior / top executives of
the Bank.
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20.2. Any / all changes made in Business Rules shall be uploaded in the Website
immediately.
20.3. If any reverse auction process has commenced and a change is made in
Business Rules, it shall be informed immediately to each bidder/ bidder and his
concurrence to / acceptance of the change shall be obtained in writing by the Bank.
21.
21.1. No bidder shall involve himself / itself or any of his / its representatives in any
price manipulation directly or indirectly with other bidders. If any such practice
comes to the notice, Bank shall disqualify the bidder / bidders concerned from the
reverse auction process.
21.2. Bidder shall not disclose details of his bids or any other details concerning
Reverse Auction process of the Bank to any other third party without specific
permission in writing from the Bank.
21.3. Neither Bank nor service provider / auctioneer can be held responsible for
consequential damages such as no power supply, system problem, inability to use the
system, loss of electronic information, power interruptions, UPS failure, etc. (Bank
shall, however, entertain any such issues of interruptions, problems with open mind
and fair degree of transparency in the process before deciding to stop or extend the
auction.)
22.
GRIEVANCES REDRESSAL
22.1. Any aggrieved bidder / bidder through Reverse Auction process can make
complaint in writing within 48 hours of the Reverse Auction to the Chief Compliance
Officer of the Bank.
22.2. The Chief Compliance Officer along with the Chief Law Officer of the bank and
Chief of Audit Dept. shall give personal hearing to the aggrieved bidder / bidder and
decide upon the complaint / grievance.
22.3. Decision of the Grievance Redressal Committee shall be binding on the Bank as
well as on all bidders participating in the Reverse Auction.
23.
23.1. On any issue or area of material concern respecting Reverse Auction not
specifically dealt with in these Business Rules, the decision of the bank shall be final
and binding on all concerned.
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Page 74 of 85
Exhibit B
To,
Union Bank of India
Department of Information Technology
Powai, Mumbai
1. We ______________________ (name of the company) have submitted our bid for
participating in Banks RFP dated _________ for Implementation of Bharat Bill
Payment System (BBPS) Solution under outsourcing model.
2. We also confirm having read and understood the terms of RFP as well as the
Business Rules relating to the Reverse Auction for this RFP process.
3. As per the terms of RFP and Business rules, we nominate Mr. ______________,
designated as ______________ of our company to participate in the Reverse
Auction.
4. We accordingly authorize Bank and / or the Auction Company to issue user ID and
password to the above named official of the company.
5. Both Bank and the auction company shall contact the above named official for any
and all matters relating to the Reverse Auction.
6. We, hereby confirm that we will honour the Bids placed by Mr. __________ on
behalf of the company in the auction process, failing which we will forfeit the
EMD. We agree and understand that the bank may debar us from participating in
future tenders for any such failure on our part.
Signature with company seal
Name
Company/ Organisation
Designation within Company / Organisation
Address of Company / Organisation
Date:
Name of Authorized Representative: _______________________
Signature of Authorized Representative: ___________________
Verified above signature
Signature of Competent Authority: ______________
Date: _________________
Page 75 of 85
This pre-bid contract agreement (hereinafter called the Integrity Pact) is made on
____________day of the month of _____________ 2016,
Between on one hand,
Union Bank of India, a body Corporate constituted under Banking Companies
(Acquisition and Transfer of Undertaking) Act, 1970 having its Head Office at 239
,Vidhan Bhavan Marg , Mumbai -400021 (hereinafter referred to as The Bank or the
BUYER which expression shall include its successors and assigns)
AND
M/s__________________________a company registered under Companies Act 1956
having
its
registered
Office
at
___________________________________________________
India,
(hereinafter
referred to as the BIDDER which expression shall include its successors and assigns).
Whereas the BUYER proposes to procure ________________________ and the BIDDER
is willing to offer/has offered the stores/equipment, and
Both parties undertake to avoid all forms of corruption by following a system that is
fair, transparent, and free from any influence of prejudiced dealings prior to, during,
and subsequent to the currency of the contract to be entered into with a view to:
Enabling the BUYER to obtain the said stores/equipment in a competitive price in
conformity with the defined specifications by avoiding the high cost and distortionary
impact of corruption on public procurement and
Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the BUYER will commit to
prevent corruption, in any form, by its officials, by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
1.
1.1. The BUYER undertakes that no official of the BUYER, connected directly, or
indirectly to 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 advantage form 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
Page 76 of 85
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:1.4. The BIDDER will not offer directly, or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
BUYER connected directly or indirectly with the bidding process, or to any
person, organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the
contract.
1.5. 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 Bank for
showing or forbearing to show favour or disfavour to any person in relation to
the contract or any other contract with the Bank.
1.6. BIDDERs shall disclose the name and address of agents and representatives and
Indian BIDDERS shall disclose their foreign principals or associates.
1.7. BIDDERs shall disclose the payments to be made by them to agents/brokers, or
any other intermediary, in connection with this bid/contract.
1.8. The BIDDER further confirms and declares to the BUYER that the BIDDER is the
original manufacturer/integrator/ authorized government sponsored export
entity of the defense stores and has not engaged any individual or firm or
company, whether Indian or foreign, to intercede of facilitate or in any way to
recommend to the BUYER or any of its functionaries, whether officially or
Page 77 of 85
unofficially to the award of the contract to the BIDDER, nor has any amount
been paid to any such individual, firm or company in respect of any such
intercession, facilitation or recommendation.
1.9. The BIDDER either while presenting the bid or during the 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 intermediaries in connection with the
contract and the details of services agreed upon for such payments.
1.10.
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.
1.11.
The BIDDER will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
1.12.
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.
1.13.
The BIDDER commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.
1.14.
The BIDDER shall not instigate or cause to instigate any third person to
instigate any of the actions mentioned above.
1.15.
If the BIDDER or any employee of the BIDDER or any person acting on
behalf of the BIDDER, either directly or indirectly, is a relative of any of the
officers of the BUYER, or alternatively, if any relative of any officer of the
BUYER has financial interest/stake in the BIDDERS firm, the same shall be
disclosed by the BIDDER at the time of filing of tender. The term relative for
this purpose would be as defined in section 6 of the Companies Act, 1956.
1.16.
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
3.
PREVIOUS TRANSGRESSION
3.1. 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 BIDDERs exclusion from the tender process.
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3.2. The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER
shall be disqualified from the tender process or the contract, if already
awarded, can be terminated for such reason.
4.
4.1.
While submitting commercial bid, the BIDDER shall deposit an amount (to be
specified in the RFP) as Earnest money/Security deposit, with BUYER through
any of the following instruments:
i.)
ii.)
iii.)
Any other mode through any other instrument (to be specified in the RFP)
4.2
The Earnest money/Security deposit shall be valid unto a period of five years
or the complete conclusion of the contractual obligations to the complete
satisfaction of both the BIDDER and the BUYER, including warranty period,
whichever is later.
4.3
4.4
5.
5.1
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,
wherever required:
i)
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 therefore.
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iii)
iv)
To recover all sums already paid by the BUYER and in case of an Indian BIDDER
with interest thereon at 2% higher than the prevailing Prime Lending rate of
State Bank of India, while in case of a BIDDER from a country other than India,
with interest thereon at 2% higher than the LIBOR.
If any outstanding payment is due to the BIDDER from the BUYER in
connection with any other contract of 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/ rescessation 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 form participating in future bidding processes of the Bank
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 middle
men or agent or broker with a view to securing the contract.
ix)
In cases where irrevocable Letters of Credit have been received with respect o
x)
5.2
The BUYER will be entitled to take all or any of the actions mentioned at Para
5.1 (i) to (x) of this Pact also on the commission by the BIDDER or anyone
employed by it or acting on its behalf (whether with or without the knowledge
of the BIDDER), of an offense 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.
5.3
The decision of the BUYER to the effect that a breach of the provisions of this
act have been committed by the BIDDER shall be final and conclusive on the
BIDDER. However the BIDDER can approach the Independent Monitor(s)
appointed for the purpose of this Act.
6.
FAIL CLAUSE
6.1 The BIDDER undertakes that it has not supplied/is not supplying similar
product/system or sub-systems at a price lower than that offered in the
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INDEPENDENT MONITORS
FACILITATION OF INVESTIGATION
8.1
In case of any allegation of violation of any provision 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
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BIDDER shall provide necessary information and documents in English and shall
all possible help for the purpose of such examination.
9.
10.
OTHER
Legal Actions- The actions stipulated in this Integrity Pact are without any
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.
11.
VALIDITY
11.1
The validity of this Integrity Pact shall be from the date of its signing
and extend up to five 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 six months from the date of the signing of the contract.
11.2
Should one or several provisions of this Pact turn out to be invalid, the
reminder of this Pact shall remain valid. In this case the parties will strive to
come to an agreement to their original intentions.
This Integrity Pact is signed on ______________________________________
By:
ON BEHALF OF THE BUYER
Name of the Official
Designation
Union Bank of India
Signature of Witness 1
Name:
Address:
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Bidder Name
Cheque /
Number
Bank details to which the money needs to be credited via NEFT are as follows
1.
2.
3.
4.
5.
Sign
Name of the signatory
Designation
Company Seal.
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Agreed (Y/N)
Scope of Work
Eligibility Criteria
RFP Ownership
Proposal ownership
Cost of Bidding
Content of Bidding Documents
Clarification on Bidding Documents
Amendment of Bidding Documents
Language of Bid
Proposed Costs
Bid Prices
Bid Currencies
Documents Establishing Bidders Eligibility and Qualifications
Documents Establishing Eligibility of Services
Bid Security
Period of Validity of Bids
Format for Signing the Bid
Deadline for Submission of Bids
Late Bids
Terms and Conditions
Evaluation of Bids
No Price Variation
Contacting the Bank
Banks Right to Accept Any Bid and to Reject Any or All Bids
Contract Period
Schedule for Implementation
Notification of Award
Signing of Contract
Service Level Agreement
Performance Security
Delay in bidders performance
Liquidated damages
Arbitration / Resolution of Disputes
Jurisdiction
Acceptance Tests
Audit
Help Desk
Presentation and Demo (POC)
Payment Terms
Designing and Implementation Plan
Start of Services
Business Continuity Plan/ DR Site
On-site visit / Reference Site Visit
Right of Rejection
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45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
Sign:
Name of the signatory:
Designation:
Company Seal:
Page 85 of 85