Request For Proposal
Request For Proposal
Request For Proposal
Table of Contents
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11 Earnest Money Deposit(EMD) 10
12 Bidding Document 11
13 Contents of bidding document 11
14 Clarification and amendments 11-12
15 Bidding Process 12
16 Preparation and Submission of Bids 12
17 Bid prices 13-14
18 Revealing of prices 14
19 Pre bid meeting & Survey 14
20 Validity of bids 15
21 Biding integrity 15
22 Format and signing of bid 15
23 Last date of receipt of bid 15-16
24 Modification and withdrawal of bids. 16
25 Opening and evaluation of Bids. 16
26 Award & Signing of Contract 17
27 Subcontracting 18
28 Powers to Vary or Omit Work 18-19
29 No Waiver of Bank Rights or Successful Bidder‟s Liability 19
30 Inspection , Quality Control and Audit 19
31 Cancellation of Contract 19-20
32 Liquidated Damages 20
33 Termination of contract 20-21
34 Period of Contract 21
35 Force Majeure 21
36 Governing Law and Disputes (in case of successful bidder) 21-22
37 Governing Language 22
38 Governing Law 22
39 Notices 22
40 Vendors obligations 22-23
41 SLA Terms & conditions 23
42 Payment terms 23
43 Conflict of Interest 23-25
44 Fraud & Corrupt Practices 25-26
45 Annexure A – Bid Covering Letter 27-28
46 Annexure B – Eligibility Criteria 29-30
47 Annexure C – Company profile 31
48 Annexure D – Commercial bid 32
49 Annexure E – SLA Terms and Conditions 33-36
50 Annexure F – Non Disclosure Clause 37-41
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1. SCHEDULE OF EVENTS
Contact Details
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2. Overview
State Bank of India is India‟s largest Bank with a network of over 15000
branches and five associate Banks having over 5000 branches spread across
India. Bank also has presence in 32 countries across the globe. The Bank
offers wide range of products and services to both Corporate and Retails
Customers. The Bank also has one of the largest networks of 25000+ ATMs
spread across geographical locations. Bank also provides services to its
customers through alternate channels such as Internet Banking, Debit Cards,
and Mobile Banking etc.
To expand further reach, Bank is also forging ahead with cutting edge
technologies and innovative new banking models.
3. Purpose :
4. Invitation
The bidders desirous of taking up the above contract for SBI are invited to
submit their technical and commercial proposal in response to this RFP. The
criteria and the actual process of evaluation of the responses to this RFP and
subsequent selection of the successful bidder will be entirely at Bank‟s
discretion. This RFP seeks proposal from Bidders who have the necessary
experience, capability & expertise to provide SBI for Annual Maintenance
Contract (AMC) for maintaining Fire Alarm System & Public Address System
adhering to Bank‟s requirement outlined in this RFP.
This RFP is not an offer by State Bank of India, but an invitation to receive
responses from the Bidders. No contractual obligation whatsoever shall arise
from the RFP process unless and until a formal contract is signed and
executed by duly authorized official(s) of State Bank of India with a selected
Bidder.
5. RFP Terminology
Definitions – Throughout this RFP, unless inconsistent with the subject matter
or context:
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5.2 Supplier/ Contractor/ Vendor – Selected Bidder/System Integrator
under this RFP.
5.5 RFP – the request for proposal (this document) in its entirety, inclusive
of any addenda that may be issued by the Bank.
6. Eligibility Criteria
Bid is open to all Bidders who fulfil the eligibility criteria. The bidder has to
submit the details of eligibility criteria as per Annexure–B.
Clause (a) and (b) mentioned above will be applicable to the existing
vendor‟s only if a notice, in writing, concerning the same has been issued
to them.
Your scope of work shall include checking, cleaning, repairing, rectifying and keeping the
system in working condition on monthly basis as per details given below:
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checked for its correct voltage & current. Zone Module / Control Module should be
checked for its performance.
Test(s) shall be conducted to determine the functionality of the Amplifiers & speakers
installed in the building. Microphone should be tested for its performance.
(iv) PENALTY CLAUSE : After the reporting of the breakdown of the system, you are
requested to attend the problem in 24 hours. Charges for delay per day after reporting
will be Rs 200/- and maximum 5% of order value.
(v) PAYMENT: Quarterly payment will be made at the end of the quarter after
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AUTOMATIC SMOKE DETECTION CUM FIRE ALARM SYSTEM AT HRMS, 4TH
FLOOR, CBD RAILWAY COMPLEX, BELAPUR CONSISTING OF FOLLOWING AS
UNDER :
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DESCRIPTION OF THE FIRE ALARM SYSTEM INSTALLED AT IT-RECONCILIATION
& SETTLEMENT DEPARTMENT, 4th FLOOR, CBD RAILWAY STATION COMPLEX,
CONTROL ROOM:
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8. Security:
(a) The Vendor is required to follow the laid down security discipline of
SBI applicable from time to time. The laid down rules & guidelines
will be provided to successful bidder.
(b) The Vendor and his personnel will receive briefing from Security
Officer of SBI from time to time, which should be adhered to in all
respects.
9. Discipline:
(a) The contractor shall ensure that his staff abide by the Indian Official
Secrets Act and ensure observance of discipline at work place
(b) The contractor shall restrict movement of personnel to work areas only.
10. Disclaimer
This RFP is neither an agreement nor an offer and is only an invitation by the
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
advices/clarifications. Bank may in its absolute discretion, but without being
under any obligation to do so, update, amend or supplement the information
in this RFP. No contractual obligation whatsoever shall arise from the RFP
process until a formal contract is signed and executed by duly authorized
officers of the Bank with the selected Bidder.
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this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this
RFP or arising in any way for participation in this Bid Stage.
The Bank also accepts no liability of any nature whether resulting from
negligence or otherwise, whatsoever caused arising from reliance of any
Bidder upon the statements contained in this RFP.
Issuing of this RFP does not imply that the Bank is bound to select a Bidder
or to appoint the Selected Bidder or Concessionaire, as the case may be, for
the Project and the Bank reserves the right to reject all or any of the Bidders
or Bids without assigning any reason whatsoever.
The Bidder shall bear all its costs associated with or relating to the
preparation and submission of its Bid including but not limited to preparation,
copying, postage, delivery fees, expenses associated with any
demonstrations or presentations which may be required by the Bank or any
other costs incurred in connection with or relating to its Bid. All such costs
and expenses will remain with the Bidder and the Bank shall not be liable in
any manner whatsoever for the same or for any other costs or other
expenses incurred by a Bidder in preparation or submission of the Bid,
regardless of the conduct or outcome of the Bidding Process.
11.1 Bidder to submit the EMD of Rs. 5,000/- ( Rupees Five Thousand only)
as Bid Security in the form of Demand Order in favour of State Bank of India,
Estate Department, payable at Mumbai. EMD may be forfeited in the event of
withdrawal of bid during the period of bid validity or if successful bidder fails
to sign the contract in accordance with the terms & conditions and other
requirements specified in RFP or any act of bidder not in line with contract
obligations.
11.2 EMD (Demand Draft) should be kept in a separate envelope and placed
inside the envelope containing technical Bid. Any bid not accompanied with
the requisite EMD shall be treated as non-responsive and is liable to be
rejected.
11.3 The EMD of the unsuccessful bidders will be returned as soon as possible
but not later than 2 weeks from date of bid finalisation.
11.4 No interest is payable on the amount of EMD.
11.5 The successful Bidder‟s EMD will be discharged on the completion of the
contract.
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12. Bidding Document :
14.1 If deemed necessary the Bank may seek clarifications on any aspect
from the bidder. However that would not entitle the bidder to change
or cause any change in the substances of the bid already submitted or
the price quoted. The bidder may be asked to give presentation for the
purpose of clarification of the bid.
14.2 Bidder requiring any clarification of the Bidding Document may notify the
Bank at the address or by e-mail indicated in Schedule of Dates on or
before 12.00 Noon on 27/01/2016.
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14.3 At any time prior to the deadline for submission of bids, SBI may
modify the bidding document by amendment.
15.2 The Bid shall be typed or written in indelible ink and shall be signed by
the Bidder or a person or persons duly authorized to bind the Bidder to
the Contract. The person or persons signing the Bids shall initial all
pages of the Bids, except for un-amended printed literature.
15.3 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 conforming to above.
16.1 The bids prepared by the bidder and all correspondence and documents
relating to bids exchanged by the bidder and purchaser must be
written in English.
16.2 Vendor must provide individual and factual replies to specific questions
asked in the RFP.
16.3 The Bidders‟ shall seal the NON-WINDOW envelopes containing one
copy of “Technical Bid” and one copy of “Commercial Bid”
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separately and the two NON-WINDOW envelopes shall be enclosed
and sealed in an outer NON-WINDOW envelope.
16.3 The inner envelopes shall be addressed to the Bank at the address
given in Part-I above and marked as described in Clause 17.1 above.
b) bear the Project Name “AMC for Fire Alarm System & Public
Address System at GITC, Belapur & IT-Reconciliation &
Settlement Department, 4 th Floor, CBD Railway Station
Complex, CBD Belapur ”
16.5 All envelopes should indicate the name and address of the Bidder on
the cover.
16.6 If the envelope is not sealed and marked, the Bank will assume no
responsibility for the bid‟s misplacement or its premature opening.
f) A copy of the full RFP document duly stamped and signed on every
page
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{Bidder should take into account Navi Mumbai Municipal Corporation
(NMMC) cess for while submitting their Bids. In case Bank is liable to
pay NMMC cess, the cess amount will be deducted by the Bank while
making payments to the Vendors}
17.3 Prices quoted by the Bidder shall be fixed during the Bidder‟s
performance of the 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
The rates and/or prices in any form or for any reasons should not be
disclosed in the technical or other parts of the bid except in the commercial
bid, failure to do so make the bid liable to be rejected. Before opening of
commercial bid, if price revision is envisaged by the bank, revised commercial
bid may be required to be submitted in a separate sealed envelope.
(a) Bidder requiring any clarification of the Bidding Document may notify the
Bank at the address or by e-mail indicated in Schedule of Dates on or
before 12.00 Noon on 27/01/2016.
(c) Text of queries raised (without identifying source of query) and response
of the Bank together with amendment to the bidding document, if any will
be communicated by email to the email address of the bidders from where
the query has originated by 2 PM on 30/01/2016. It is the responsibility of
the bidder to check the relevant communication before final submission of
bids.
(d) All bidders must ensure that such clarifications / amendments have been
considered by them before submitting the bid. Bank will not take
responsibility for any omissions by bidder.
(e) At any time prior to the deadline for submission of Bids, the Bank, for any
reason, whether, at its own initiative or in response to a clarification
requested by a prospective Bidder, may modify the Bidding Document, by
amendment.
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20. Validity of Bids
Bid shall remain valid for 180 days from date of submission mentioned at Bid
Details. A bid valid for shorter period is liable to be rejected. The bidder may
require to give consent for the extension of the period of validity of the bid
beyond initial 180 days, if so desired by the Bank in writing or by fax. Refusal
to grant such consent would result in rejection of bid without forfeiture of the
EMD. However any extension of validity of bids will not entitle the bidder to
revise/ modify the bid document.
Wilful misrepresentation of any fact within the Bid will lead to the cancellation
of the contract without prejudice to other actions that Bank may take. All the
submission, including any accompanying documents, will become property of
SBI. The bidders shall be deemed to license, and grant all rights to SBI, to
reproduce the whole or any portion of their solution for the purpose of
evaluation, to disclose the contents of submission to other bidders and to
disclose and/ or use the contents of submission as the basis for RFP process.
22.2 All pages of the Bid document should be serially numbered and shall be
signed by the authorized person(s) only. The person(s) signing the bid
shall sign all pages of the bid and rubber stamp should be affixed on
each page except for an un-amended printed literature. The bidder
should submit a copy of board resolution or power of attorney showing
that the signatory has been duly authorized to sign the tender
document.
22.4 In case of any discrepancies between hard and soft copy, the hard copy
will be consider as base document.
22.5 Bid should be typed and submitted on A4 size paper, spirally bound
securely and in serial order. Bidders responding to this RFP shall submit
covering letter included with the bid and compliance certification
statement required for submission of a proposal.
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Asst.General Manager (Estate),
State Bank of India
Global IT Centre, Plot No. 8,9 & 10,
Sector -11, CBD Belapur,
Navi Mumbai 400 614
23.2 In the event of the target date for the receipt of bids being declared as
holiday for the Bank, the bids will be received till the target time on the
next working day. The bank may at its discretion extend the bid
submission date. The modified target date & time will be notified on the
web site of the Bank.
23.3 Any bid received by the Bank after target date and time prescribed at
Bid details will be rejected and /or returned unopened to the bidder at
his risk and responsibility.
No bid may be withdrawn in the interval between the deadline for submission
of bids and the expiration of period of bid validity.
(a) The Bank will examine the Bids to determine whether they are
complete, required formats have been furnished, the documents have
been properly signed, and the Bids are generally in order as per
Annexure-B & Annexure-C
(b) Prior to the detailed evaluation, the Bank will determine the
responsiveness of each Bid to the Bidding Document. For purposes of
these Clauses, a responsive Bid is one, which conforms to all the terms
and conditions of the Bidding Document without any deviations.
(d) If a Bid is not responsive, it will be rejected by the Bank and may not
subsequently be made responsive by the Bidder by correction of the
non-conformity.
(a) Only those Bids which have been found to be in conformity of the
eligibility terms and conditions during the preliminary evaluation would
be taken up by the Bank for further detailed evaluation.
(b) During evaluation and comparison of bids, the Bank may, at its
discretion ask the bidders for clarification of its bid. The request for
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clarification shall be in writing and no change in prices or substance of
the bid shall be sought, offered or permitted. No post bid clarification at
the initiative of the bidder shall be entertained.
(d) The L1 Bidder will be selected on the basis of net lowest total price
quoted of the Commercial Bid (Annexure-D). The Bidder who has
been declared as the L-1 bidder will be awarded the contract.
26.1 The Bank will award the Contract to the successful Bidder who has
been determined to qualify to perform the Contract satisfactorily, and
whose Bid has been determined to be responsive, and is the lowest
evaluated Bid.
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26.2 The Bank reserves the right to accept or reject any Bid in part or in full
or to cancel the Bidding process and reject all Bids at any time prior to
contract award, without incurring any liability to the affected Bidder or
Bidders or any obligation to inform the affected Bidder or Bidders of
the grounds for the Bank‟s action.
26.3 SBI will notify successful bidder (L1) in writing by letter in duplicate or
fax that its bid has been accepted. The Selected bidder has to return
the duplicate copy to the Bank within 7 (seven) working days duly
Accepted, Stamped and Signed by Authorized Signatory in token of
acceptance.
26.4 The successful bidder shall be required to enter into a contract, within
15 days of the award of the tender or within such extended period as
may be decided by the Bank along with the letter of acceptance, NDA
and other terms and conditions as may be determined by the Bank to
be necessary for the due performance of the work in accordance with
the Bid and acceptance thereof. Failure to commence the contract
within the above period will lead to forfeiture of the EMD amount
26.5 In the absence of a formal contract, the Bid document, together with
the Bank‟s notification of award and the vendor‟s acceptance thereof,
would constitute a binding contract between the Bank and the successful
Bidder.
27. Subcontracting
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applicable as though the said variations occurred in the contract
documents. If Bank confirms his instructions, the successful bidder‟s
obligations shall be modified to such an extent as may be mutually
agreed, if such variation is substantial and involves considerable
extra cost. Any agreed difference in cost occasioned by such
variation shall be added to or deducted from the contract price as
the case may be.
(b) In any case in which the successful bidder has received instructions
from Bank as to the requirement of carrying out the altered or
additional substituted work which either then or later on, will in the
opinion of the finally selected bidders, involve a claim for additional
payments, such additional payments shall be mutually agreed in line
with the terms and conditions of the order.
(c) If any change in the work is likely to result in reduction in cost, the
parties shall agree in writing so as to the extent of change in
contract price, before the finally selected bidder(s) proceeds with the
change. In all the above cases, in the event of a disagreement as to
the reasonableness of the said sum, the decision of Bank shall
prevail.
Neither any payment sign-off by Bank, nor any payment by Bank for
acceptance of the whole or any part of the work, nor any extension of time,
nor any possession taken by Bank shall affect or prejudice the rights of Bank
against the finally selected bidders, or relieve the finally selected bidders of
his obligations for the due performance of the contract, or be interpreted as
approval of the work done, or create liability in Bank to pay for alterations/
amendments/ variations, or discharge the liability of the successful bidder for
the payment of damages whether due, ascertained, or certified or not or any
sum against the payment of which he is bound to indemnify Bank nor shall
any such certificate nor the acceptance by him of any such paid on account or
otherwise affect or prejudice the rights of the successful bidder against Bank.
The selected bidder shall, whenever required, furnish all relevant information,
records, and data to such auditors and / or inspecting officials of the Bank /
Reserve Bank of India and or any regulatory authority / Bank‟s consultant /
Testing agency entrusted by the Bank to carry out this work.
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31. Cancellation of Contract
The Bank shall have the right to cancel the contract with the selected bidder
at any time during the contract period, by giving a written notice of at
least 3 (three) months, for any valid reason, including but not limited to
the following reasons:
a) Laxity in following security standards laid down by the Bank
b) Excessive delay in execution of orders placed by the Bank
c) Discrepancies / deviations in the agreed processes and/or products
d) Violation of terms & conditions stipulated in this RFP
32 Liquidated Damages
If vendor fails to perform services within stipulated time schedule or any loss
is suffered by the Bank due to Acts attributable to the Service Provider, the
Bank shall, without prejudice to its other remedies under the contract, deduct
from the contract price, as liquidated damages, a sum equivalent to 1% of
the total project cost for delay of each week or part thereof maximum up to
10% of contract price. Once the maximum is reached, SBI may consider
termination of Contract pursuant to the conditions of contract.
33.3 Termination for Default: SBI may, without prejudice to any other
remedy for breach of contract, by written notice of default sent to the
Vendor, terminate the contract in whole or part: if the Vendor fails to
deliver any or all of the systems within the period(s) specified in the
Contract, or within any extension thereof granted by the Bank pursuant
to conditions of contract or if the Vendor fails to perform any other
obligation(s) under the Contract. In the event SBI terminates the
Contract in whole or in part, SBI may procure, upon such terms and in
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such manner, as it deems appropriate, systems or services similar to
those undelivered and the Vendor shall be liable to Bank for any excess
costs for such similar systems or services. However, the vendor shall
continue the performance of the contract to the extent not terminated.\
33.4 Termination for Insolvency: SBI may at any time terminate the
Contract by giving written notice to the Vendor, if the vendor becomes
bankrupt or otherwise insolvent. In this event termination will be
without compensation to the Vendor, provided that such termination
will not prejudice or affect any right of action or remedy, which has
occurred or will accrue thereafter to SBI.
Initial period of the contract is 01 (One) year. After initial contract period of
one year the contract may be renewed at same rate & terms and conditions
for a further period of one year each up to a maximum of three years, at the
discretion of the Bank.
35. Force Majeure
Any failure or delay by bidder or Bank in performance of its obligation, to the
extent due to any failure or delay caused by fire, flood, earthquake or similar
elements of nature, or acts of God, war, terrorism, riots, civil disorders,
rebellions or revolutions, acts of government authorities or other events
beyond the reasonable control of non-performing Party, is not a default or a
ground for termination.
If Force Majeure situation arises the Vendor shall promptly notify Bank in
writing of such conditions and the cause thereof. Unless otherwise agreed by
SBI in writing, the Vendor shall continue to perform its obligations under the
contract as far as is reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure event.
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the single arbitrator, the dispute may be referred to joint arbitrator;
one to be nominated by each party and the said arbitrators shall
nominate a presiding arbitrator, before commencing the arbitration
proceedings. The arbitration shall be settled in accordance with the
applicable Indian Laws. Any appeal will be subject to the exclusive
jurisdiction of courts at Mumbai.
(b) The Vendor shall continue work under the Contract during the
arbitration proceedings unless otherwise directed by the Bank or
unless the matter is such that the work cannot possibly be
continued until the decision of the arbitrator is obtained.
39. Notices
Any notice given by one party to the other pursuant to this contract shall be
sent to other party in writing or by Fax and confirmed in writing to other
Party‟s address. For the purpose of all notices, the following shall be the
current address:
The notice shall be effective when delivered or on the notice‟s effective date
whichever is later.
(a) The selected vendor is obliged to work closely with SBI staff, act
within its own authority and abide by directives issued by SBI from
time to time.
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(b) The selected Vendor will be responsible for managing the activities
of its personnel and will hold itself responsible for any
misdemeanours on the part of its personnel.
(c) The selected Vendor will treat as confidential all data and
information about SBI, obtained in the process of executing its
responsibilities, in strict confidence and will not reveal such
information to any other party without prior written approval of SBI
as explained under „Non Disclosure Agreement‟ in Annexure-F of
this document which has to be executed by the selected vendor.
Bidder shall not have a conflict of interest (the “Conflict of Interest”) that
affects the Bidding Process. Any Bidder found to have a Conflict of Interest
shall be disqualified. In the event of disqualification, the Bank shall be
entitled to forfeit and appropriate the Bid Security, as the case may be, as
mutually agreed upon genuine estimated loss and damage likely to be
suffered and incurred by the Bank and not by way of penalty for, inter alia,
the time, cost and effort of the Bank, including consideration of such Bidder‟s
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proposal (the “Damages”), without prejudice to any other right or remedy
that may be available to the Bank under the Bidding Documents and/ or the
Concession Agreement or otherwise. Without limiting the generality of the
above, a Bidder shall be deemed to have a Conflict of Interest affecting the
Bidding Process, if:
(a) the Bidder, its Member or Associate (or any constituent thereof) and
any other Bidder, its Member or any Associate thereof (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply
in cases where the direct or indirect shareholding of a Bidder, its
Member or an Associate thereof (or any shareholder thereof having a
shareholding of more than 5% (five per cent) of the paid up and
subscribed share capital of such Bidder, Member or Associate, as the
case may be) in the other Bidder, its Member or Associate, has less
than 5% (five per cent) of the subscribed and paid up equity share
capital thereof; provided further that this disqualification shall not
apply to any ownership by a bank, insurance company, pension fund
or a public financial institution referred to in section 4A of the
Companies Act, 1956. For the purposes of this Clause, indirect
shareholding held through one or more intermediate persons shall be
computed as follows:
(i) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by
such controlled intermediary in any other person (the “Subject
Person”) shall be taken into account for computing the
shareholding of such controlling person in the Subject Person; and
(ii) subject always to sub-clause (i) above, where a person does not
exercise control over an intermediary, which has shareholding in
the Subject Person, the computation of indirect shareholding of
such person in the Subject Person shall be undertaken on a
proportionate basis; provided, however, that no such shareholding
shall be reckoned under this sub-clause if the shareholding of
such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary;
or
(b) a constituent of such Bidder is also a constituent of another Bidder;
or
(c) such Bidder, its Member or any Associate thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, its Member or Associate, or
has provided any such subsidy, grant, concessional loan or
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subordinated debt to any other Bidder, its Member or any Associate
thereof; or
(d) such Bidder has the same legal representative for purposes of this
Bid as any other Bidder; or
(e) such Bidder, or any Associate thereof, has a relationship with another
Bidder, or any Associate thereof, directly or through common third
party/ parties, that puts either or both of them in a position to have
access to each others‟ information about, or to influence the Bid of
either or each other; or
(f) such Bidder or any Associate thereof has participated as a consultant
to the Bank in the preparation of any documents, design or technical
specifications of the Project.
44.1 The Bidder and their respective officers, employees, agents and advisers
shall observe the highest standard of ethics during the Bidding
Process. Notwithstanding anything to the contrary contained herein,
the Bank shall reject an Application without being liable in any manner
whatsoever to the Bidder if it determines that the Bidder has, directly
or indirectly or through an agent, engaged in
corrupt/fraudulent/coercive/undesirable or restrictive practices in the
Bidding Process.
44.2 Without prejudice to the rights of the Bank under Clause 45.1
hereinabove, if a Bidder is found by the Bank to have directly or
indirectly or through an agent, engaged or indulged in any corrupt /
fraudulent / coercive / undesirable or restrictive practices during the
Bidding Process, such Bidder shall not be eligible to participate in any
EOI/RFP issued by the Bank during a period of 2 (two) years from the
date if such Bidder is found by the Bank to have directly or indirectly or
through an agent, engaged or indulged in any corrupt/ fraudulent/
coercive/ undesirable or restrictive practices, as the case may be.
44.3 For the purposes of this Clause , the following terms shall have the
meaning hereinafter, respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value to influence
the actions of any person connected with the Bidding Process (for
avoidance of doubt, offering of employment to or employing or
engaging in any manner whatsoever, directly or indirectly, any
official of the Bank who is or has been associated in any manner,
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directly or indirectly with the Bidding Process or the Letter of
Authority or has dealt with matters concerning the Concession
Agreement or arising there from, before or after the execution
thereof, at any time prior to the expiry of one year from the date
such official resigns or retires from or otherwise ceases to be in
the service of the Bank, shall be deemed to constitute influencing
the actions of a person connected with the Bidding Process); or
(ii) engaging in any manner whatsoever, whether during the
Bidding Process or after the issue of the Letter of Authority or
after the execution of the Agreement, as the case may be, any
person in respect of any matter relating to the Project or the
Letter of Authority or the Agreement, who at any time has been
or is a legal, financial or technical adviser of the Bank in relation
to any matter concerning the Project;
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Annexure A
Bid Covering Letter
To:
Dear Sir,
4. 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.
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5. Until a formal contract is prepared and executed, this Bid, together with
your written acceptance thereof and your notification of award, shall
constitute a binding Contract between us.
7. We also certify that the information/ data/ particulars furnished in our bids
are factually correct. We also accept that in the event of any information /
data / particulars proving to be incorrect, the Bank will have the right to
disqualify us from the bid.
8. We understand that you are not bound to accept the lowest or any Bid
you may receive.
9. The vendor herby undertakes that its name does not appear in any
“Caution” list of RBI / IBA or any other regulatory body for outsourcing
activity.
_____________________________________________________________
______________________________________
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Annexure B
Bidders meeting the following criteria are eligible to submit their Bids along
with supporting documents. If the Bid is not accompanied by all the required
documents supporting eligibility criteria, the same would be rejected:
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information. SBI will
not make any separate
request for submission
of such information
_____________________________________________________________
_____________________________________________________________
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Annexure C
Company Profile
b. Year of establishment
c. Contact details of
Bidder‟s representative
authorized to make
commitments to SBI
d. Name
e. Designation
f. Contact Numbers
Landline
Mobile
g. Fax No.
h. Email ID
i. Company Website
____________________________________________________________
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Annexure – D
Commercial Bids
(Rs)
Total Amount
NOTE: The L1 Bidder will be selected on the basis of net total of the price
quoted of the Commercial Bid above.
Note: The quoted prices and taxes, duties & statutory levies such as, Octroi,
NMMC cess etc should be specified separately.
Bidder should take into account Navi Mumbai Municipal Corporation (NMMC)
cess for while submitting their Bids, in case Bank is liable to pay NMMC cess,
the cess amount will be deducted by the Bank while making payments to the
Vendors.
_____________________________________________________________
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ANNEXURE - E
1. During the term of the contract, the VENDOR will maintain the equipment
in perfect working order and condition and for this purpose will provide the
following repairs and maintenance services:
a) Professionally qualified personnel who have expertise in the
hardware and system software installed will provide these services.
b) The Vendor shall rectify any defects, faults and failures in the
equipment and shall repair / replace worn out or defective parts of
the equipment during working hours i.e. from 8.00 A.M. to 8.00 P.M.
on all working days (viz. Monday to Saturday). In case any
defects, faults and failures in the equipment could not be repaired
or rectified during the said period, the Vendor personnel are
required to accomplish their duties beyond the said schedules in
case of any situation if it warrants. In cases where unserviceable
parts of the equipment need replacement, the Vendor shall replace
such parts, at the Bank cost, with brand new parts or those
equivalent to new parts in performance. For this purpose the
Vendor shall keep sufficient stock of spares at the premises of The
Vendor.
c) The maximum response time for a maintenance complaint from the
site of installation (i.e. time required for Vendor’s maintenance
engineers to report to the installations after a request call / fax /e-
mail is made or letter is written) shall not exceed 4 hours.
d) The VENDOR shall ensure that faults and failures intimated by
Bank as above are set right within 24 (twenty four) hours of being
informed of the same. In any case of replacement of parts, the
equipment should be made workable and available not later than 48
hours.
e) However replacement with new equipment shall be carried out
within 7 days from date of intimation of fault / failure.
f) The VENDOR shall ensure to the BANK that systems &
equipments should be in proper working condition viz. 24x7x365
basis.
g) In the event of the equipment not being repaired or a workable
solution not provided during Warranty period, a penalty of half (0.5)
percent of the total consideration for working day or part thereof the
delay, subject to maximum amount of ten (10) percent of the total
consideration will be charged to vendor. The vendor may provide
temporary equivalent replacement as a workable solution to avoid
the above penalty.
h) The VENDOR shall ensure that the meantime between failures
(MTBF) (including any malfunctioning, breakdown or fault) in the
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equipment or any part thereof as calculated during any and every
quarter (period of three consecutive months) is not less than 90
days.
i) Preventive maintenance: the VENDOR shall conduct Preventive
Maintenance (including but not limited to inspection, testing,
satisfactory execution of all diagnostics, cleaning and removal of
dust and dirt from the interior and exterior of the equipment, and
necessary repair of the equipment) once within first 15 days of the
award of contract and once 30 days of every month during the
currency of this agreement on a day and time to be mutually agreed
upon. Notwithstanding the foregoing the VENDOR recognizes
Bank’s operational needs and agrees that Bank shall have the right
to require the VENDOR to adjourn preventive maintenance from
any scheduled time to a date and time not later than 15 working
days thereafter.
j) Qualified maintenance personnel totally familiar with the equipment
shall perform all repairs and maintenance service to be provided in
terms of the contract.
k) The Bank shall maintain a register at its site in which, the Bank’s
operator / supervisor shall record each event of failure and / of
malfunction of the equipment. The vendor personnel engineer shall
enter the details of the action taken in such register. Additionally
every time a preventive or corrective maintenance is carried out, the
vendor personnel shall make, effect in duplicate, a field call report
which shall be signed by him and thereafter countersigned by the
Bank’s official. The original of the field call report shall be handed
over to the Bank’s official.
l) The vendor shall provide replacement equipment if any equipment
is out of the premises for repairs.
2. The Vendor warrants that any new products supplied under the Contract
are new, unused of the most recent or current model. The Vendor further
warrants that all the Products supplied under this Contract shall have no
defect, arising from design or from any act of omission of the Vendor that
may develop under normal use of the supplied products in the conditions
prevailing in India.
3. Warranty for spares supplied in terms of the contract: Onsite
comprehensive warranty for all the spares/components as and when
necessary will be 12 months from date of installation.
4. Warranty for the equipment provided to the Bank, if any, under terms of
the contract shall be as per the general conditions of sale of such
software.
5. Any worn or defective parts withdrawn from the equipment and replaced
by the VENDOR shall become the property of the VENDOR and the parts
replacing the withdrawn parts shall become the property of Bank.
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6. The VENDOR maintenance personnel shall be given access to the
equipment when necessary, for purpose of performing the repair and
maintenance services indicated in this agreement.
9. If, in any month, the VENDOR does not fulfil the provisions of clauses
1(b), (c),(d), (e) and (h) only the proportionate maintenance charges for
that period during the month will be considered payable by Bank without
prejudice to the right of the Bank to terminate the contract. In such event
the VENDOR was credited without deducting the proportionate
maintenance charges for that month, the Bank can deduct the same from
future payments payable or the VENDOR shall refund the amount
forthwith to Bank on demand by Bank.
11. CONFIDENTIALITY:
11.1 The VENDOR acknowledges that all material and information which has
and will come into its possession or knowledge in connection with this
agreement or the performance thereof, whether consisting of confidential
and proprietary data or not, whose disclosure to or use by third parties
may be damaging or cause loss to Bank will all times be held by it in
strictest confidence and it shall not make use thereof other than for the
performance of this agreement and to release it only to employees
requiring such information, and not to release or disclose it to any other
party. The VENDOR agrees to take appropriate action with respect to its
employees to ensure that the obligations of non-use and non-disclosure of
confidential information under this agreement are fully satisfied. In the
event of any loss to the Bank in divulging the information by the
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employees of the VENDOR, the bank shall be indemnified. The VENDOR
agrees to maintain the confidentiality of the Bank’s information after the
termination of the agreement also.
11.2 The VENDOR/Bank will treat as confidential all data and information about
the VENDOR/Bank/Contract, obtained in the execution of this tender
including any business, technical or financial information, in strict
confidence and will not reveal such information to any other party.
--@@@@@--
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Annexure –F
And
______________________________________ (hereinafter referred to as
“_________” which expression shall unless repugnant to the subject or context
thereof, shall mean and include its successors and permitted assigns) of the
OTHER PART;
And Whereas
1. _________________________________________ is carrying on business of
providing _________________________________, has agreed to
__________________________ for the Bank and other related tasks.
2. For purposes of advancing their business relationship, the parties would need
to disclose certain valuable confidential information to each other. Therefore, in
consideration of covenants and agreements contained herein for the mutual
disclosure of confidential information to each other, and intending to be legally
bound, the parties agree to terms and conditions as set out hereunder.
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(b) Confidential Information shall not include any information that: (i) is or
subsequently becomes publicly available without Receiving Party’s breach
of any obligation owed to Disclosing party; (ii) becomes known to
Receiving Party prior to Disclosing Party’s disclosure of such information
to Receiving Party; (iii) became known to Receiving Party from a source
other than Disclosing Party other than by the breach of an obligation of
confidentiality owed to Disclosing Party; or (iv) is independently developed
by Receiving Party.
2. Restrictions
(a) Each party shall treat as confidential the Contract and any and all
information (“confidential information”) obtained from the other pursuant to
the Contract and shall not divulge such information to any person (except
to such party’s own employees and other persons and then only to those
employees and persons who need to know the same) without the other
party’s written consent provided that this clause shall not extend to
information which was rightfully in the possession of such party prior to the
commencement of the negotiations leading to the Contract, which is
already public knowledge or becomes so at a future date (otherwise than
as a result of a breach of this clause). Receiving Party will have executed
or shall execute appropriate written agreements with its employees and
consultants specifically assigned and/or otherwise, sufficient to enable it to
comply with all the provisions of this Agreement. If the Contractor shall
appoint any Sub-Contractor then the Contractor may disclose confidential
information to such Sub-Contractor subject to such Sub Contractor giving
the Customer an undertaking in similar terms to the provisions of this
clause.
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(d) Confidential Information and Confidential Material may be disclosed,
reproduced, summarized or distributed only in pursuance of Receiving
Party’s business relationship with Disclosing Party, and only as otherwise
provided hereunder. Receiving Party agrees to segregate all such
Confidential Material from the confidential material of others in order to
prevent mixing.
(b) Receiving Party shall return all originals, copies, reproductions and
summaries of Confidential Information or Confidential Materials at
Disclosing Party’s request, or at Disclosing Party’s option, certify
destruction of the same.
(c) Receiving Party acknowledges that monetary damages may not be the
only and / or a sufficient remedy for unauthorized disclosure of
Confidential Information and that disclosing party shall be entitled, without
waiving any other rights or remedies (as listed below), to injunctive or
equitable relief as may be deemed proper by a Court of competent
jurisdiction.
a. Suspension of access privileges
b. Change of personnel assigned to the job
c. Financial liability for actual, consequential or incidental
damages
d. Termination of contract
(d) Disclosing Party may visit Receiving Party’s premises, with reasonable
prior notice and during normal business hours, to review Receiving Party’s
compliance with the term of this Agreement.
4. Miscellaneous
(a) All Confidential Information and Confidential Materials are and shall
remain the property of Disclosing Party. By disclosing information to
Receiving Party, Disclosing Party does not grant any expressed or implied
right to Receiving Party to disclose information under the Disclosing Party
patents, copyrights, trademarks, or trade secret information.
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(b) Any software and documentation provided under this Agreement is
provided with RESTRICTED RIGHTS.
(c) Neither party grants to the other party any license, by implication or
otherwise, to use the Confidential Information, other than for the limited
purpose of evaluating or advancing a business relationship between the
parties, or any license rights whatsoever in any patent, copyright or other
intellectual property rights pertaining to the Confidential Information.
(e) This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof. It shall not be modified except by
a written agreement dated subsequently to the date of this Agreement and
signed by both parties. None of the provisions of this Agreement shall be
deemed to have been waived by any act or acquiescence on the part of
Disclosing Party, its agents, or employees, except by an instrument in
writing signed by an authorized officer of Disclosing Party. No waiver of
any provision of this Agreement shall constitute a waiver of any other
provision(s) or of the same provision on another occasion.
(f) In case of any dispute, both the parties agree for neutral third party
arbitration. Such arbitrator will be jointly selected by the two parties and
he/she may be an auditor, lawyer, consultant or any other person of trust.
The said proceedings shall be conducted in English language at Mumbai
and in accordance with the provisions of Indian Arbitration and
Conciliation Act 1996 or any Amendments or Re-enactments thereto.
(g) Subject to the limitations set forth in this Agreement, this Agreement
will inure to the benefit of and be binding upon the parties, their
successors and assigns.
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(i) All obligations created by this Agreement shall survive change or
termination of the parties’ business relationship.
(a) Either party from time to time may provide suggestions, comments or
other feedback to the other party with respect to Confidential Information
provided originally by the other party (hereinafter “feedback”). Both party
agree that all Feedback is and shall be entirely voluntary and shall not in
absence of separate agreement, create any confidentially obligation for
the receiving party. However, the Receiving Party shall not disclose the
source of any feedback without the providing party’s consent. Feedback
shall be clearly designated as such and, except as otherwise provided
herein, each party shall be free to disclose and use such Feedback as it
sees fit, entirely without obligation of any kind to other party. The
foregoing shall not, however, affect either party’s obligations hereunder
with respect to Confidential Information of other party.
Name
Designation
Place
Signature
Name
Designation
Place
Signature
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