Final RFP Nic Kyc 16.03.2023
Final RFP Nic Kyc 16.03.2023
Final RFP Nic Kyc 16.03.2023
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CONTENTS
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SECTION - I
Definitions, General
Terms and Conditions
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1.1 Definitions:
1. INTRODUCTION
The National Insurance Company Limited is India’s Oldest General Insurance Company. It was
incorporated in Kolkata, West Bengal on December 5, 1906 to fulfil the nationalist aspiration
for Swaraj.
National Insurance has offices all over India and a foreign office in Nepal. The Company has
strong presence with around 884 offices and approx. 8652 skilled employees and over 50000
Agents spread all over the nation.
2. BACKGROUND
The National Insurance Company Limited carries out its business by means of multiple
distribution channels. This includes online as well as offline channels including our country
wise network of offices. NICL cater to both retail as well as corporate customers for their
insurance needs. Insurance Development and Regulatory Authority of India (IRDAI) has
come up with Master Guidelines on Anti-Money Laundering/ Counter Financing of Terrorism
(AML/CFT), 2022 issued vide ref. IRDAI/IID/GDL/MISC/ 160/8/2022 dated 01-Aug-2022.
This guideline mandates the General insurers in India to verify the identity of their customers
with respect to the AML/CFT regulation.
3. OBJECTIVE
The National Insurance Company Limited intends to utilize the services of the eligible bidders
selected through this RFP to verify identity and screen its customers through online API
integration mode and also to comply with the latest guidelines issued by IRDAI on AML/CFT).
4. DISCLAIMER
4.1. The information contained in this RFP document or information provided subsequently
to Bidder(s) in documentary form/email by or on behalf of NICL, is subject to the terms and
conditions set out in this RFP document.
4.2. This RFP is not an offer by NICL, but an invitation to receive responses from the eligible
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 NICL with the
selected Bidder.
4.3. The purpose of this RFP is to provide the Bidder(s) with information to assist preparation
of their Bid 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 contained in this RFP and where
necessary, obtain independent advice/clarifications. NICL may in its absolute discretion, but
without being under any obligation to do so, update, amend or supplement the information in
this RFP.
4.4. NICL, its employees and advisers make no representation or warranty and shall have no
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liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in 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 or arising in any way for participation in this
bidding process.
4.5. NICL also accepts no liability of any nature whether resulting from negligence or
otherwise, howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP.
4.6. The issue of this RFP does not imply that the NICL is bound to select a Bidder or to
appoint the Selected Bidder or Concessionaire, as the case may be, for the Project and NICL
reserves the right to reject all or any of the Bidders or Bids without assigning any reason
whatsoever.
4.7. The Bidder is expected to examine all instructions, forms, terms and specifications in the
bidding Document. Failure to furnish all information required by the bidding Document or to
submit a Bid not substantially responsive to the bidding Document in all respect will be at the
Bidder’s risk and may result in rejection of the Bid.
5. DEFINITIONS/ABBREVATIONS
In this RFP document the following terms shall be interpreted as indicated below:
NICL reserves the right to extend the last date/time for submission of bids or modify the Technical
Specifications/locations of delivery/conditions stipulated in any one items of this RFP Documents
till final bid submission date and all such changes/modification will be informed through NICL
website: https://www.nationalinsurance.nic.co.in as well as e-Procurement portal of ITI i.e.
https://nicl.ewizard.in and CPP portal i.e. https://eprocure.gov.in
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7. REJECTION OF BIDS
8. VALIDITY OF BID
The bid should be valid for acceptance for a period of at least 180 days from the last date of
submission. The offers with lesser validity period would be rejected
9. APPLICATION
The General Terms and Conditions of the RFP as laid down in this section shall apply over and
above the provisions of the contract to the extent not specifically mentioned in the contract.
The offer for supply, installation and maintenance of ‘KYC’ in different NICL offices across India’
must be accompanied with a deposit in the form of Bank Guarantee (BG)/Demand Draft (DD) for
amount mentioned in Section II payable at Kolkata in favor of “National Insurance Company
Limited” issued by any Scheduled Commercial Bank, which would carry no interest. Non-
submission of EMD along with Pre-Qualification cum Technical Bid will disqualify the Bidder and
his Commercial Bids will not be entertained.
The EMD and/or the Performance Guarantee to be furnished by the successful Bidder may be
forfeited if the Bidder:
i. Withdraws his bid at any time before the LOI or Purchase Order or Advice for
execution is issued against the respective RFP.
OR
ii. Fails or refuses to receive the Purchase Order within three working days from the
date of issuance of the Purchase Order.
OR
iii. Fails or refuses to execute the work after having been identified as L1 before or
after LOI/Purchase Order/Advice for execution is issued.
OR
iv. Fails or refuses to furnish the Performance Guarantee of an amount equal to 3%
(Three percent) of final contract value.
OR
v. Fails or refuses to execute the Contract.
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OR
vi. Fails or refuses to execute the work as per the Contract.
OR
vii. The services supplied are not accepted by NICL Official/s and/or Consultant/s of
NICL due to non-compliance of any terms & conditions of RFP.
OR
viii. Fails to commence the services within 15 days from the date of receipt of
Purchase Order.
11.1. The successful bidder will have to furnish a Security Deposit/Performance bank guarantee
(PBG), an amount equal to 3% (Three percent) of final contract value for proper fulfilment of the
contract in the form of a Bank Guarantee from a nationalized/scheduled bank.
11.2. The PBG should be valid for a period of 36 months from the date of successful implementation
of the KYC services/solution.
11.3. The PBG shall contain a claim period of three months from the last date of validity.
11.4. The NICL shall invoke the security deposit in case the selected bidder fails to discharge their
contractual obligations as per the agreed terms & conditions during the period of the contract.
Note: SSI Units registered with NSIC and MSME can avail the following benefit on submission
of relevant certificate:
Exemption from payment of EMD (Earnest Money Deposit) and Tender Fee.
Note: Only Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by
department of Micro, Small and Medium Enterprises (MSME) are exempt from submission of EMD
(Bid Security) and tender fees. Bidders claiming exemption of EMD under this rule (170 of GFR)
are however required to submit a signed Bid Securing Declaration (BSD) accepting that if they
withdraw or modify their Bids during the period of validity, or if they are awarded the contract and
they fail to sign the contract, or to submit a performance security before the deadline defined in the
request for bids document, they will be suspended for the period of 12 months from being eligible
to submit bids. Non submission against the same at Pre-qualification stage, will disqualify the bidder.
12. Pre-Qualification
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3. The bidder should not be currently blacklisted by any Certificate from the Chief
Central/State Govt. dept. /Public Sector Unit/ Private Executive / Authorized
Sector (To Check). Officer of Company.
4. The bidder should have a minimum of 100 Million yearly Proof of yearly volume
hits/volumes for KYC authentication which includes total
number of C-KYC Download, Aadhaar XML, DigiLocker and
OCR API calls for last 3 financial years (2019-20, 2020-21,
2021-22).
5. The Bidder to provide information that any of its Letter of confirmation from
subsidiary or associate or holding company or companies Bidder.
having common director/s or companies in the same
group of promoters/management or partnership
firms/LLPs having common partners has not participated
in the bid process.
8. One Bidder can bid only with one OEM and similarly one Letter of confirmation
OEM can bid with only one Bidder. from the Bidder and OEM
10. Bidders must have minimum 10 client references from Documentary Proof of order /
Insurance Company/BFSI/NBFC. contract copy / customer
credentials.
11. Bidders must have run KYC implementation projects with Documentary Proof of order /
minimum 5 financial institutions out of which minimum 3 contract copy / customer
must be from General Insurance Companies. credentials.
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12. The bidder should have ISO/IEC 27001 certification. Copy of ISO/IEC certificate
13. In case any Bidder fails to meet the Company’s Anti Money Letter of confirmation
Laundering (AML) check, bid will be
automatically stand rejected and no further evaluation will
be carried out against the same.
Following information for last three declared financial years (2019-20, 2020-21, 2021-22) certified
by a CA:
1. Please attach copies of relevant financial statements and audited accounts for the last three
declared financial years.
2. Please attach the copies of Audited Profit and Loss Accounts for the three declared financial
years
Bidders need to provide the API, UI and App based solution for identification/verification by all of
the following methods:
1. Price Schedule
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14.1.All quotes are to conform to the format as per Price Schedule in Section – VI; Quotes
should be only in INR.
14.2.The Bidder will submit their quotations after carefully examining the documents/conditions.
The Bidder must obtain for himself on his own responsibility and at his own expenses all the
information necessary to enable him to prepare and submit a proper quotation.
14.3.It will be the responsibility of the Bidder to take care of all formalities, if any, necessary as
per orders of any government/non-government authority in force at the point of time of
delivery of said items.
14.4.1. If there is discrepancy between words and figures, words will prevail.
14.4.2. If there is a discrepancy between the break-up price and total price, the break-up price
shall prevail.
14.4.3. If tax amount does not corroborate with the tax percentage mentioned in the price bid,
the tax percentage prevails and amount shall be corrected up to two decimals.
14.4.4. The total amount shall be rounded off to Rupees for the purpose of determining L-1
bidder.
14.5.The price shall be all inclusive of all integration, implementation, customization and testing
charges with NICL and/or its partner’s IT systems if any.
14.6.Prices for all the components/services should be valid for the period of 3 Years from the date
of first Purchase order from NICL.
The Bidder must submit properly signed “Technical Bid Letter” as per format given in
Section- V along with the Technical bid, failing which, the bid will not be considered for
further evaluation.
Successful bidder to provide an account manager and necessary technical support on 24*7*365
basis including weekends/holidays. It is the responsibility of the successful bidder to ensure
availability of the support resource(s). The support resource(s) must be well trained to handle all
operational activities for all services and must be familiar with NICL specific requirements.
1. Other Conditions
16.1. Bids without proper authorization from the OEM (in case the Bidder is not the OEM)
shall be treated as non-responsive and shall be rejected forthwith.
16.2. No consideration will be given to a bid received after the date and time stipulated by
NICL and no extension of time will be permitted for submission of Bids. However, NICL
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reserves the right to extend the last date and time for submission of the bids at its own
discretion.
16.3. Canvassing/misleading information in any form in connection with Bids is strictly prohibited
and Bids submitted by bidders who resort to these types of activities are liable to be rejected.
16.4. NICL reserves the right to call for any clarification from any/all Bidder during the evaluation
of the bids. However, no other correspondence on bids will be entertained.
16.5. No price variation / adjustment, explanation, correction or any other escalations will be
entertained.
16.6. National Insurance Company Limited does not bind itself to accept any bid and reserves the
right to accept/reject any bid without any reasons thereof.
16.7. A bid determine not substantially responsive will be rejected by the purchaser and cannot be
made subsequently responsive.
16.8. Bidder should submit the bid documents (Eligibility documents along with hard copy Tender
Fee and EMD, PQB Cum Technical & Price Bid) in hard copy format to NICL office with in 1
hour from the submission time line mentioned for online bidding.
UAT is required to be completed latest within 15 days from the date of placement of the
Purchase Order and after sign-off from NICL, the production is required to be completed
latest within 7 days from the date of sign-off from NICL for UAT.
18.1. All payments pertaining to this RFP will be made centrally from NICL Head Office.
The applicable GST will be paid by NICL as per Invoice of the bidder.
18.2. Performance Guarantee of an amount equal to 3% (Three percent) of final contract value in
the form of
BG covering the entire contract period from the date of installation and commissioning of
KYC
services/solution and should be furnished by the successful Bidder/s in favor of NICL at the
time of
signing of the contract. The signed Contract (as per format given in Section – VII) should
be submitted
to NICL within two weeks from the issue of the purchase order.
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19. NICL will make payment as follows
19.1. Payment of the service fee will be on quarterly basis after receipt of the bill/invoice along
with supporting document/s for the services rendered by the successful Bidder during the period
and verification by NICL thereof, through electronic mode only
19.2. Invoice for the payment should be submitted along with the supporting documents (but
not limited to):
19.2.2. Performance report on all SLAs and calculation of applicable penalties (if any).
19.2.4. Any other documents as applicable, as may be demanded by NICL to ascertain the
genuineness or accuracy of billing.
19.2.5. No Dues Certificate (i.e., indemnifying the Purchaser that the services do not bear
any dues from any other sources, whatsoever).
19.3. NICL will deduct taxes from the amounts due and payable to the Bidder wherever
applicable. NICL will provide Bidder with the statement of any taxes deducted by NICL
on payments under the contract. The Bidder agrees to reimburse and hold NICL harmless
from any deficiency including penalties and interest relating to taxes including recovery
of any tax retrospectively that are its responsibility under this clause. For purposes of the
contract, taxes shall include taxes incurred on transactions between NICL and the Bidder.
19.5. Payment will be released in arrears on satisfactory performance and after deduction of
penalty, if any.
20.1. The successful Bidder must strictly adhere to the delivery dates as indicated in this RFP for
operationalization of the proposed KYC solution/services. Failure to meet the delivery dates,
unless it is due to reasons entirely attributable to NICL, may constitute a material breach of
the Bidder’s performance.
20.2. As a deterrent for delays during implementation, NICL may levy penalties for delays
attributable to the successful Bidder. The reasons like non-familiarity with the
government/regulatory/statutory provisions, NICL and/or its partner applications and/or
existing IT infrastructure etc. will not be considered as a reason for delay.
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Penalty based on following table will be
levied for delay in meeting the delivery date
as specified in the RFP from the date of
purchase order.
Delay Penalty
A cap of 3% of the Projected Outflow would be reserved as penalties against any delay in meeting
milestones. The NICL reserves the right to cancel the tender if the above delivery schedules are not
adhered to by the selected Bidder.
Without prejudice to other rights and remedies available, NICL shall be entitled to set-off or adjust
any amounts due to NICL under this clause from Bidder against payments due and payable by NICL
for the services rendered, beside the amount of penalty and Liquidated damages. The provisions of
this Clause shall survive the termination of this Agreement.
21. Maintenance
The selected bidder shall nominate a Project Manager immediately on acceptance of the order,
who shall be the single point of contact for the project. However, for escalation purpose, details
of other persons shall also be given. The project managers nominated by the bidder should have
prior experience in implementing similar project in BFSI institutions.
21.2. The Service provider shall attend to call services and arrange to solve the problem within
stipulated period as mentioned in the penalty clause after lodging of a complaint by the
Purchaser either by Letter, over the telephone, by fax, through Service Desk or by other modes
of communications. Wherever it is required to make any changes/updates, the bidder/s
undertakes to d o t h e n e e d f u l as per penalty clause. In case of failure from bidder/s
side NICL may request any third party service provider to maintain the service and the cost
thus incurred will have to be reimbursed by the service provider to the Purchaser, failing
which the Purchaser has the right to encash the Performance Bank Guarantee without
endangering any provisions of warranty written or otherwise expressed and the concerned
warranty will remain in full force.
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22. Penalty Clause: (Applicable during Maintenance period)
Any services that is reported to be down on any day should be attended as follows:
Working days will be counted from the same date of logging call, if the call is logged before 12
noon else from the following working day (Monday to Friday).
Failure to comply with the above conditions will attract penalty as follows:
a) Penalty for call resolution within first seven working days beyond above permissible
period @ Rs.200.00 per NICL working day per call.
b) Penalty for call resolution after first seven working days beyond above permissible
period @ Rs.400.00 per NICL Working day per call.
c) The penalty should be capped to a maximum limit of 10% of yearly projected call
charge value.
The service provider will submit, to NICL Head Office, monthly successful hits report together
with individual hit conversion ratio/ count duly signed by the concerned NICL HO IT officials.
The successful bidder will provide a SPOC for NICL for quick response of the service calls during
the entire support period else penalty as per above/PBG may be invoked by NICL.
The bidder/s is required to guarantee support services for a minimum period of 3 years during
the Maintenance Period, from the last date of installation / commissioning.
The contract tenure will be for 3 Year, from the date of signing the contract or purchase order
that can be extended for an additional period of 2 years based on mutually agreed commercials
and/ or other modification to the agreement.
NICL reserves its right for entering into a separate AMC contract with any other service
provider after post maintenance period.
The bidder/s shall undertake to indemnify NICL in respect of all claims arising out of violation
of any Patents or Copyrights, for all Systems Software supplied by the Service provider.
The bidder/s shall indemnify NICL against all third party claims of infringement of patent,
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trademark or industrial design rights arising from use services, software package or any other
part thereof in India.
If the services are not supplied and commissioned within specified timeline as mentioned
in Purchase Order, NICL reserves the right to terminate the contract with the right to invoke the
Performance Guarantee furnished by the Bidder/s favoring NICL after giving sufficient notice
period to bidder.
26. Standards
The services supplied under this contract shall conform to the standards mentioned in the
NICL specifications and when no applicable standard is mentioned, it will be mutually
decided between the Bidder/s and NICL.
NICL may at any time, by written order to the bidder/s, make changes within the general
scope of the Purchase Order in any one or more of the following:
27.1. Configuration/Specifications
27.2. Services to be provided by bidder/s.
Delivery of the services and performance of the services shall be made by the Bidder/s in
accordance with the time schedule mentioned in the Purchase Order.
Any delay by the Bidder/s in the performance of its delivery obligations shall render the Bidder/s
liable for imposition of liquidated damages and/or termination of the contracts for default,
besides encashment of the EMD.
Once the stipulated date for delivery of the services is crossed and no service delivery
has commenced, NICL may consider termination of the contract and take necessary steps
after giving sufficient notices.
In the case of delay in the rectification of the services falling under maintenance of the Bidder/s,
NICL will deduct Penalty during the warranty period as mentioned in serial number 21.
The agreement can be terminated by giving written notice to the Bidder/s, without compensation
to the Bidder/s, if:
(b) The Bidder/s being a company is wound up voluntarily or by the order of a court or a
receiver, or manager is appointed on behalf of the debenture holders or circumstances
occur entitling the court or debenture holders to appoint a receiver or a manager,
provided that such termination will not prejudice or affect any right of action or
remedy accrued or that might accrue thereafter to the Purchaser.
The bids prepared by the Bidder/s and all correspondence and documents relating to the bids
exchanged by the Bidder/s and the Purchaser, shall be written in the English language,
provided that any printed literature furnished by the Bidder/s may be in any another language
so long the same is accompanied by an English translation in which case, for purposes
of interpretation of the bid, the English translation shall govern.
As the Purchaser’s Registered Head Office is situated within the Jurisdiction of the High
Court at Kolkata all disputes and differences are subject to the Jurisdiction of The Calcutta
High Court.
33.1. Notices
Any notice by one party to the other pursuant to the Contract shall be sent by
telegram/cable/fax/email and confirmed in writing to the address specified for that purpose
in the Contract.
33.2. Assignment
The Bidder/s shall not assign in whole or in part, the obligations to perform under the
contract, except with Purchaser’s prior written consent.
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33.3.1. Notwithstanding the provisions contained herein the Bidder/s shall not be liable for
forfeiture of its performance security, liquidated damages or termination for default, if and to
the extent that it’s delay in performance or other failure to perform its obligations under the
Contract is the result of an event of Force De Majeure.
33.3.2. For the purpose of this clause “Force De Majeure” means an enforceable event beyond
the control of the Bidder/s and shall not include the fault, negligence or delay on part of
bidder, his OEM or any other party. Such events may include, but are not restricted to, acts
of the purchaser in its contractual capacity, wars or revolution, fires, floods, pandemic,
quarantine restrictions and freight embargoes.
33.2.3.If a Force De Majeure situation arises, the Bidder/s shall promptly notify the Purchaser
in writing of such condition and the clause thereof. Unless otherwise directed by the Purchaser
in writing the Bidder/s shall continue to perform their obligations under the Contract as far as
reasonably practical, and shall adopt all reasonable alternative means for performance not
prevented by Force De Majeure clause.
a) The Purchaser may by written notice sent to the Bidder/s terminate the Agreement, in
whole or in part, any time for its convenience. The notice of termination shall specify that
termination is for the Purchaser’s convenience, the extent to which performance of work
under the Agreement is terminated and the date on which such termination becomes
effective.
b) The Purchaser may purchase the ordered KYC services that are complete and ready for
installation within 30 days after the Bidder’s receipt of notice of termination at the
Contract terms and prices. For the remaining KYC services, the Purchaser may elect:
i) To have any portion completed and delivered at the contract terms and prices;
and/or
ii) To cancel the remainder and pay to the bidder/s an agreed amount for
partially completed KYC services.
35. Obligation
36.1.1. Neither parties shall be liable for any indirect, punitive, consequential or
incidental loss, damage, claims, liabilities, charges, costs, expense or injury, including,
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without limitation, loss of use, data, revenue, profits, business interruption, and loss of income
or profits, that may arise out of or result from this Agreement, irrespective of whether it had
an advance notice of the possibility of any such damages.
36.1.2. The liability should be limited to a maximum limit of total contract value.
A bidder will, by responding to RFP, be deemed to have accepted the terms as stated in the RFP.
It will be treated a No Deviation bid.
Attached as annexure
Supplier and the Purchaser shall each, when acting in the capacity of a Receiving Party:
Keep confidential, all Confidential Information disclosed by the Disclosing Party, during the
Term of this Agreement and for a 10 year period following the termination of this Agreement;
Use the Confidential Information disclosed by the Disclosing Party solely in connection with
performing its obligations or exercising its rights and not otherwise for its own benefit or the
benefit of any third party; and
Not disclose the Confidential Information disclosed by the Disclosing Party to any person, other
than a director, officer, employee or professional advisor of a Party, Supplier Group Company,
or Purchaser Group Company to any authority, statutory or otherwise to whom disclosure of
Confidential Information is not necessary for performance of obligations or exercise of rights in
connection with this Agreement.
Receiving Party shall ensure that each person to whom it discloses Confidential Information
complies with confidentiality provisions no less onerous than those contained in this section,
and will remain liable for any disclosure of Confidential Information by each such person as if
it makes such disclosure. Receiving Party shall, on the Disclosing Party’s request, destroy, erase
or deliver to the Disclosing Party all of the Disclosing Party’s Confidential Information, save
where the retention of such Confidential Information is necessary to comply with Applicable
Law or otherwise for the other Party to exercise its rights or receive benefits due under this
Agreement. Supplier and the Purchaser both agree that the provisions shall not apply to any
information which the Receiving Party can prove:
Gives the Disclosing Party reasonable formal written notice (provided that this is not in
contravention of Applicable Law), prior to such disclosure to allow the Disclosing Party a
reasonable opportunity to seek a protective order; and
Uses reasonable endeavours to obtain prior to the disclosures, written assurance from the
applicable entity that it will keep the Confidential Information confidential.
Note:
1. The selected bidder shall not publish or disclose in any manner, without NICL’s prior
written consent, the details of any security safeguards designed, developed, or
implemented by the selected bidder under this contract or existing at any NIC location.
2. If Indian government demand is received for any data, the process mentioned below
has to be followed:
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SECTION – II
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1. RFP Specific Terms and Conditions
1.3. Intending Bidders who satisfy the eligibility criteria laid down hereunder may also
download the RFP Document from the company’s website
th
(www.nationalinsuranceindia.com) between 17 March 2023 to 10th April 2023 and in this
case the Bidder has to submit, in a separate envelope supercribed as “RFP Fee”, a
nonrefundable RFP Document Fee of Rs.15,000/- (Rupees Fifteen Thousand) only by way
of Demand draft drawn in favor of the National Insurance Company Limited payable at
Kolkata along with the Bids. Non-furnishing of RFP Document Fee will disqualify the bidder.
1.4. The RFP will be in two parts, viz., Pre-Qualification Bid cum Technical and Commercial
bids.
1.5. Last Date & Time for Submission of RFP is on or before 10th April 2023 Time: 1:00
PM at ‘NICL Address’.
1.6. Pre-Qualification Bid cum Technical bid will be opened on 3.00 PM 10th April 2023
at ‘NICL Address’.
1.7. All queries relating to the Tender must be submitted to NICL latest by 23rd March 2023
till 5 pm and a Pre-bid meeting will be held on 24th March 2023 (if required). It should also
be noted that query raised by any bidder/OEM will not be entertained after 5:00 p.m. 23rd
March 2023.
1.8. The Bidders, who qualify in the Pre-qualification cum Technical Bid stage, will be
intimated of their selection and their Price bids shall be opened in due course accordingly.
1.9. Date till which the RFP is valid: 180 days from the date of opening of Commercial
Bids.
1.10. Bidders are advised to study the RFP Documents carefully. Submission of RFPs shall
be deemed to have been done after careful study and examination of the RFP Documents with
full understanding of its implications.
1.11. The consultants of NICL will not be permitted to participate in this RFP.
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1.12 NICL reserves the right to accept / reject any / all offers without assigning any reason
whatsoever. The decision of the Company in selecting the bidder/s would be final and
conclusive.
1.13 Online Offers prepared in accordance with the procedures as enumerated herein below
should be submitted at ‘NICL Address’.
All Bids must be accompanied with Earnest Money Deposit in the form of BG/Demand
Draft/NEFT/ RTGS payable at Kolkata drawn on scheduled commercial Bank in favor of
National Insurance Company Limited. The amount of Earnest Money Deposit will be
INR 10 Lakhs.
Non-furnishing of Earnest Money Deposit along with the Pre-Qualification bid will
disqualify the Bidder and his technical and Price bids will not be entertained.
The EMD amount submitted by the bidder will be returned without any interest to
unsuccessful bidders after issuance of purchase order to the successful bidder.
For the successful Bidder the EMD amount, without any interest, will be refunded on
submission of Performance BG as Security Deposit which will not carry any interest
till warranty period is completed. The Performance Guarantee should be as per format
given in Section – VII.
(B) The NICL Bid should be submitted in duplicate in separate sealed covers super
scribed “Original” and “Duplicate” respectively, and both covers should be placed
in one cover and sealed for respective items. This cover should be super scribed with
“RFP No. NICL/IT/RFP/06/2023/KYC”, the wording “DO NOT OPEN
BEFORE 10th April, 2 0 2 3 ” and “NICL bid for supply, installation, and
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maintenance of ‘KYC services’”.
Prices must NOT be indicated in the NICL Bid and if indicated the Bid will be
rejected.
(C) The Price Bid should be submitted in duplicate sealed covers super scribed
“Original” and “Duplicate”, and both covers should be placed in one cover duly
sealed and super scribed with “RFP No. NICL/IT/RFP/06/2023/KYC”, the
wording “DO NOT OPEN BEFORE 10th April, 2 0 2 3 ” and “ Price bid for
supply, installation and maintenance of ‘KYC services”.
2.2 All the three covers namely Pre-qualification, NICL and Price Bids, prepared as above, are
to be put in a single sealed cover (Main outer envelope) super scribed with the wordings
“Supply, installation, integration, configuration, deployment, customization, commissioning,
testing, maintenance, training and capacity building of ‘KYC services’ and RFP Number,
Due Date and Wordings “DO NOT OPEN BEFORE 1 0 t h A p r i l , 2 0 2 3 ”
2.3. All the covers thus prepared should also indicate clearly the name and address of the
Bidder.
2.4. The Bidder shall bear all costs associated with the preparation and submission of its bid,
and NICL will in no case be responsible or liable for those costs, regardless of the conduct
or outcome of the RFP process.
2.5. NICL reserves the right to extend/modify the last date/time for submission of bids.
2.6. Check-list of Documents to be submitted with RFP: Pre-Qualification Bid comprises
the following:
i. Bidder’s Particulars
ii. Power of attorney of the bidder representative on non-judicial stamp paper.
iii. Proof of Earnest Money Deposit and Tender Fee.
iv. Details of Bidder Service Centers across India (Annexure – B)
v. Audited Balance Sheet for last three financial years (Annexure – C)
vi. Documentary Proof for N e t Profit & Positive Net Worth. The Bidder should have
posted net profit/have Positive Net Worth in last three financial years (Annexure – D).
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vii. Integrity Pact on non-judicial stamp paper.
viii. List of Major Clients (Annexure – E)
ix. Certification and Area of Certification (Annexure – F)
x. Details of three work Order of Rs. 2 Cr each in last 3 financial years
xi. ISO Certificates to be submitted : ISO/IEC 27001: 2013
The formats of particulars of the above mentioned items are given in Section – V.
i. Price Schedule
ii. Price for Optional Items
Note: National Insurance Company Limited shall not be responsible for non-receipt/non-
delivery of the RFP documents due to any reasons whatsoever.
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5. Tendering Module
The bidders are required to submit soft copies of their bid electronically on the ITI e-Wizard Portal
using valid Digital Signature Certificates. Below mentioned instructions are meant to guide the
bidders for registration on the e-Wizard Portal, prepare their bids in accordance with the
requirements and submit their bids online on the ITI e-Wizard Portal. For more information, bidders
may visit the ITI
e-Wizard Portal https://nicl.ewizard.in
o Various built-in options are available in the e-Wizard Portal to facilitate bidders to
search active tenders by several parameters. These parameters include Tender ID,
organization, location, date, value, etc.
o There is also an option of advanced search for tenders, wherein the bidders may
combine a number of search parameters such as organization name, a form of contract,
location, date, other keywords, etc. to search for a tender published on the Online
Portal.
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o Once the bidders have selected the tenders they are interested in, they may download
the required documents/tender schedules. These tenders can be moved to the
respective ‘Interested Tenders’ folder. This would enable the Online Portal to
intimate the bidders through SMS / e-mail in case there is any corrigendum issued to
the tender document.
o The bidder should make a note of the unique Tender ID assigned to each tender, in
case they want to obtain any clarification/help from the Helpdesk.
o Bidder should take into account any corrigendum published on the tender document
before submitting their bids.
o Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid.
o Please note the number of covers in which the bid documents have to be submitted,
the number of documents – including the names and content of each of the document
that needs to be submitted. Any deviations from these may lead to rejection of the bid.
o Bidder, in advance, should get ready the bid documents to be submitted as indicated
in the tender document/schedule and generally, they can be in PDF/XLS/PNG, etc.
formats.
o Bidder to log into the site well in advance for bid submission so that he/she uploads
the bid in time i.e., on or before the bid submission time. Bidder will be responsible for
any delay due to other issues.
o The bidder to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
o Bidders must pay required payments (Form fee, EMD, Tender Processing Fee etc) as
mentioned before submitting the bid
o Bidder to select the payment option mode as specified in the Schedule (EMD/FORM
FEE Section) to pay the form fee/ EMD wherever applicable and enter details of the
instrument.
o A standard BoQ format has been provided with the tender document to be filled by all
the bidders. Bidders to note that they should necessarily submit their financial bids in
the prescribed format and no other format is acceptable.
o The server time (which is displayed on the bidders’ dashboard) will be considered as
the standard time for referencing the deadlines for submission of the bids by the
bidders, the opening of bids, etc. The bidders should follow this time during bid
submission.
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o All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data, which cannot be viewed by
unauthorized persons until the time of bid opening.
o The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
o Upon the successful and timely submission of bids, the portal will give a successful bid
submission message & a bid summary will be displayed with the bid no. and the date
& time of submission of the bid with all other relevant details.
o Kindly have all relevant documents in a single PDF file.
o The off-line tender shall not be accepted and no request in this regard will be
entertained whatsoever.
At any time prior to the deadline for submission of proposals, the institutions reserve the right
to add/ modify/ delete any portion of this document by the issuance of a Corrigendum, which
would be published on the website and will also be made available to the all the Bidder who has
been issued the tender document. The Corrigendum shall be binding on all bidders and will form
part of the bid documents.
o Process for Bid submission through ITI Ewizard portal is explained in Bidder Manual.
Bidders are requested to download Bidder Manual from the home page of website
(https://nicl.ewizard.in). Steps are as follows:
(Home page Downloads Bidder Manuals).
o The tenders will be received online through portal https://nicl.ewizard.in. In the
Technical Bids, the bidders are required to upload all the documents in .pdf format.
o Possession of Valid Class III Digital Signature Certificate (DSC) in the form of smart
card/ e-Token is a prerequisite for registration and participating in the bid submission
activities through https://nicl.ewizard.in. Digital Signature Certificates can be
obtained from the authorized certifying agencies, details of which are available on the
web site https://nicl.ewizard.in under the link ‘DSC help’.
o Tenderers are advised to follow the instructions provided in the `User Guide and FAQ’
for the e- Submission of the bids online through the ITI e-Wizard Portal for e-
Procurement at https://nicl.ewizard.in
o The bidder has to “Request the tender” to portal before the “Date for Request
tender document”, to participate in bid submission.
o All entries in the tender should be entered in online Technical & Commercial Formats
without any ambiguity.
o Any order resulting from this e-tender shall be governed by the terms and conditions
mentioned therein.
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o No deviation to the technical and commercial terms & conditions allowed.
o The tender inviting authority has the right to cancel this e-tender or extend the due
date of receipt of the bids.
Technical Support
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SECTION –
III
Contents of Particulars of Pre-
Qualification Bid
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1. Pre-Qualification Bid Form
c. LOCATION OF CORPORATE /
HEAD OFFICE OF BIDDER :
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1. NAME & ADDRESS OF THE CONTACT
PERSON TO WHOM ALL THE
REFERENCE SHALL BE MADE WITH
TEL. NO./ FAX/ E-MAIL:
SIGNATURE :
NAME :
DESIGNATION :
DATE :
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Sr. Eligibility Criteria Documents to be
No. Submitted
3. The bidder should not be currently blacklisted by any Certificate from the Chief
Central/State Govt. dept. /Public Sector Unit/ Private Executive / Authorized
Sector (To Check) Officer of Company.
4. The bidder should have a minimum of 100 Million Proof of yearly volume
yearly volumes.
5. The Bidder to provide information that any of its Letter of confirmation from
subsidiary or associate or holding company or Bidder.
companies having common director/s or companies
in the same group of promoters/management or
partnership firms/LLPs having common partners has
not participated in the bid process.
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8. One Bidder can bid only with one OEM and Letter of confirmation from
similarly one OEM can bid with only one Bidder. the Bidder and OEM
10. Bidders must have minimum 10 client references Documentary Proof of order
from Insurance Company/NBFC/Bank industry. / contract copy / customer
credentials.
11. Bidders must have run KYC implementation Documentary Proof of order
projects with minimum 5 financial institutions out of / contract copy / customer
which min 3 must be from General Insurance credentials.
Companies and rest other can be banks.
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Annexure – A
Dated: Dated:
Place: Place:
Seal:
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Annexure – B
Annual Turnover
Dated: Dated:
Place: Place:
Seal:
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Annexure – C
Positive Net Profit & Positive Net Worth in last 3 financial years
FY (2019-2020)
FY (2020-2021)
FY (2021-2022)
Dated: Dated:
Place: Place:
Seal:
Note: The above data should relate only to the Company (Bidder) who has submitted the RFP.
Data relating to sister companies, group companies, parent company, subsidiary companies shall
not be considered. Above data should be supported by relevant Financial Statements (Audited).
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Annexure – D
Dated: Dated:
Place: Place:
Seal:
Page 38 of 74
Annexure – E
Dated: Dated:
Place: Place:
Seal:
Page 39 of 74
SECTION –
IV
Scope of Work
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1. Scope of Work
NICL intends to utilize the services of comprehensive online KYC process with the facility of
the Video verification in accordance to CCA guidelines. The selected bidder shall perform
activities of Integration, Configuration, Deployment, Customization, Commissioning, Testing,
Training & Capacity Building. The bidder has to implement the online KYC service through
CKYC, eKYC (electronic Know your customer) and manually OVD (Officially Valid
Documents) upload in which the data extraction will be done through Optical character
Recognition (OCR) and evaluating the data based on the customized risk matrix of its customers
through online API integration mode during purchase, renewal and during any time as desired by
the NICL to comply with the latest guidelines issued by IRDAI on AML/CFT. NICL also intends
to screen/identify and verify the identity of its existing and prospective customer (both retail as
well as corporates) from the notified sources by IRDAI/any government or statutory agency for
compliance with the existing or any new guidelines on AML/CFT. NICL is desirous of setting
up an online digital process with the best in class features that facilitates KYC solution avoiding
(minimize) human intervention. The product is to be installed in DC-DR architecture. The
detailed scope of work of selected bidder is as mentioned below:-
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and remains secure from vulnerabilities.
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16 The bidder shall provide its contingency plans, including Mandatory
a plan for disaster recovery and periodic testing of backup
facilities. Kindly support with documents wherever
required.
20 The bidder shall perform end to end testing of the app and Mandatory
integration to check for data and actions. Hence data
creation / review of data or actions in other systems to be
considered.
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24 IP Whitelisting: The service provider must have the Desired
capability of IP whitelisting to restrict platform access
from a limited number of known locations / IP addresses
both for accessing the service as well as for accessing
Platform administrative consoles.
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32 The bidder should ensure that all the regulations of Mandatory
Information Technology ACT, 2000 as amended from
time to time, as being adhered to.
35 Solution should have the ability to accept files which can Mandatory
be uploaded by the customer in reference to complete the
KYC.
42 The solution should maintain a log and report for all Mandatory
transactions for audit purpose. Reporting of this module
shall be integrated with the Dashboard Module.
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45 The System should be capable of showing all applications Mandatory
through Distributors and DSAs on a single interface.
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SECTION - V
Contents of Particulars of
Technical Bid
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1. Technical Details
Technical Bid
The bidder should mark (Y/N) in the table below based on functionality available in the solution.
PAN Verification
CKYC Search
CKYC Download
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Passing responses as PDF
Page 50 of 74
Format of No Deviation
To,
Dy General Manager-IT
National Insurance Company Limited,
Head Office, IT Department,
4th Floor, 3 Middelton Street,
Kolkata- 700071
Ref: RFP for Supply, installation, and maintenance of KYC services, RFP Ref No.:
NICL/IT/RFP/06/2023/KYC Date: __________
Dear Sir,
Further to our proposal dated ………………………………, in response to the Request for Proposal
(NICL RFP No. …………………………………. hereinafter referred to as “RFP” issued by NICL,
we hereby covenant, warrant and confirm as follows:
We hereby agree to comply with all the terms and conditions / stipulations as contained in the RFP
and the related addendums and other documents including the changes made to the original tender
documents if any, issued by the NICL. The NICL is not bound by any other extraneous matters or
deviations, even if mentioned by us elsewhere either in our proposal or any subsequent deviations
sought by us, whether orally or in writing, and the Bank’s decision not to accept any such extraneous
conditions and deviations will be final and binding on us.
(Duly authorized to sign the Bid on behalf of the Bidder) Official Seal:
Name of the Bidder*
Name of the person **
Designation of the person signing
Date:
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Undertaking for Non-Blacklisting
To,
Dy General Manager-IT
National Insurance Company Limited,
Head Office, IT Department,
4th Floor 3, Middleton Street,
Kolkata- 700071
Ref: RFP for Supply, installation, and maintenance of KYC, RFP Ref No.:
NICL/IT/RFP/06/2023/KYC Date: __________
Dear Sir,
Further to our proposal dated ………………………………, in response to the Request for Proposal
(NICL RFP No. …………………………………. hereinafter referred to as “RFP” issued by NICL,
we hereby covenant, warrant and confirm as follows:
I/We further hereby declare that I/We have not been black-listed or otherwise debarred by any
Bank/Financial Institution/Central Government/ State Government/any Central or State Undertaking or
Corporation/Any PSU/ Reserve Bank of India or any other Regulatory Authority or any other Statutory
Authority as on date of the publication of this Tender/Procurement.
(Duly authorized to sign the Bid on behalf of the Bidder) Official Seal:
Name of the Bidder*
Name of the person **
Designation of the person signing
Date:
Page 52 of 74
SECTION - VI
Contents of Particulars of
Commercial Bid
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1. Commercial Bid
Setup Cost
Development, Customization Integration Cost
Note:
1. One Time Cost include One Time activities of Integration, Configuration, Deployment,
Customization, Commissioning, Testing, Training & Capacity Building for NICL Core
Insurance Software, all NICL Portals, API integrations with Web-aggregator/Broker,
Online/Offline OEM Tieup Portals.
B. Annual Cost
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C. Recurring Cost
Note:
1. For the above API calls, Price is applicable for only for successful transaction.
2. Quantity is arrived considering total number of policies issued during last 3 financial years with
cumulative projected escalation of approx. 10%
D. Optional Cost
Note:
User Interface Cost relates to cost involved in the modifications/customizations in the UI of the
Orchestration/solution offered by the KYC solution provider.
Chargeable Customizations shall mean and refer to any new development requested by NICL outside
the standard core product.
If any product or customization is developed specific to the client which cannot be scaled outside
the client or to a critical mass, the charges in the above tables shall be applicable if any.
Chargeable Customizations shall be identified as such and intimated to the client prior to the carrying
out of any such efforts.
TOTAL COST = A + B + C
= TOTAL ONE TIME COST + TOTAL ANNUAL COST + TOTAL RECURRING COST
1. The bidder is required to provide the cost for every item where the bidder has considered the cost in
NICL.
2. If the cost for any item is indicated as zero, then it will be assumed by NICL that the said item is provided
to NICL without any cost.
3. The bidder needs to clearly indicate if there are any recurring costs included in the above bid and quantify
the same. In the absence of this, the bidder would need to provide the same without any charge.
4. The Service Charges need to include all services and other requirement as mentioned in the RFP.
5. All prices to be in Indian Rupee (INR) only. Prices quoted by the bidder should be inclusive of all taxes,
duties, levies etc. except GST which will be paid extra at actuals.
6. NICL will deduct applicable TDS, if any, as per the law of the land
7. The bidder has to make sure all the arithmetical calculations are accurate. NICL will not be held
responsible for any incorrect calculations however for the purpose of calculation NICL will take the
corrected figures / cost.
Date : Date :
Place: Place:
Seal :
Page 57 of 74
SECTION - VII
Page 58 of 74
7.1 Format of Contract
WHEREAS the Bidder manufactures or procures, supplies, installs and maintains KYC services
being party of the Second Part herein.
AND WHEREAS the Purchaser intends to procure KYC services for its Head Office, Head
Office Wings, Regional Offices, Regional Office Cells and various other locations across the
country and has explained to the Bidder the purposes and uses for which the ‘KYC services
are being purchased.
AND WHEREAS the Bidder has assured that the KYC services they would supply would be fit
for the purposes of the Purchaser and has been agreed to relieve the “PURCHASER” from
the Principle of “CAVEAT EMPTOR” being the Purchaser is a mere consumer of the ‘KYC
services hereby it is better to rely on BIDDER as to the fulfillment of the purpose/s of the
purchase/procurement and/or installation and maintenance.
AND WHEREAS the Purchaser invited RFPs from Bidders for submitting RFPs for supply of
‘KYC services mentioned in the Purchaser’s Invitation to RFP containing broad terms and
conditions for the purchase, supply, installation, commissioning and maintenance of the ‘KYC
services as detailed in the RFP documents.
AND WHEREAS the Bidder submitted a RFP and RFPs were submitted by some other Bidders /
Channel Partners.
AND WHEREAS out of the several RFPs, when opened, the Purchaser found the price quoted
by the Bidder for ‘KYC services to be the lowest of the submitted RFPs.
AND WHEREAS the Purchaser would place orders on the Bidder for purchasing KYC services as
mentioned in the RFP and in the Offer Papers on the terms, conditions and specifications
mentioned therein and in the Purchase Order issued on 2023.
AND WHEREAS the parties herein intend to set out the terms and conditions for such purchase
and maintenance of KYC services after installation and matters connected therewith and to
define the mutual rights and obligations of the parties herein.
NOW THESE PRESENTS WITNESSETH and the parties herein agree as follows:
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1. Scope:
The Invitation to RFP and the RFP/offer documents will form part of and shall be deemed to
have been incorporated in these presents but in case of any conflict between any term in the said
documents and in these presents the term of these presents will have overriding effect and the
said two document have to be read and will have effect subject to these presents.
2. Definition:
To be reproduced from SECTION – I and SECTION -II of RFP.
4. Price:
The bidder agrees to the price as mentioned in the Purchase Order given by NICL dated
. It is agreed that the prices shall remain firm throughout the validity of the
Contract. Any reduction in the prices from the date of signing of the contract until the
delivery of the KYC services at the destinations on account of reduction in duties, taxes
and levies or for any other reason will be passed on to NICL.
The Bidder agrees to maintain the configuration of the KYC services until execution of the
entire order. However, if the model of the KYC services ordered for are replaced in the
market by models of better technology or configuration before it is delivered, delivery
should be of the latest configuration / technology (same make) without any price
implication.
5. Warranties:
7. Pre-Shipment Inspection:
9. Scope of Work:
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10. Terms of Payment:
(a) The Bidder shall be liable to pay all the Corporate Taxes, and the Income Tax, that shall be
levied according to the laws and regulations applicable from time to time in India.
(b) Wherever the laws and regulations require deduction of such taxes at the source of payments,
the Purchaser shall effect such deductions from the payment due to the Bidder. The remittance
of amounts as deducted and issuance of Certificate for such deductions shall be made by the
Purchaser as per the regulations in force. Nothing in the Contract shall relieve the Bidder
from their responsibility to pay any tax that may be levied in India on income and profits
made by the Bidder in respect of the Contract.
The relevant deduction certificate shall be provided to the Bidder within 90 days of deduction
at source.
Bidder will be entirely responsible for making the payments in respect of all taxes, stamp
duties, fees, etc. in connection with delivery of KYC services at site including taxes and
levies to be charged in connection with local levies, transportation and incidental services and
supervision of commissioning. In case any waybill or road permit is to be obtained, the
Bidder shall make necessary arrangements for obtaining / submitting the same and liaison
with authorities as required. All applicable taxes, levies, duties and octroi, if any, payable at
the place of delivery will be reimbursed by NICL subject to production of original receipt.
No variation in the satisfaction of the terms of the Contract shall be made except by the written
amendment agreed and signed by the parties.
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16. Sub-Contract:
The Purchaser may, without prejudice to any other remedy for Breach of the Contract, by written
notice of default to the Bidder, terminate the Contract in whole or in part;
a) If the Bidder fails to make delivery of the KYC services and to render services within the time
period(s) specified in the Contract or any extensions in the delivery/installation period thereof
granted by the Purchaser, or
b) If the Bidder fails to perform any other obligations under the Contract.
19. Guarantee:
b) Safe electrical and mechanical stresses, on all parts of the equipment under all specified
conditions of operation.
The contract shall be interpreted in accordance with the Indian laws under Kolkata High Court
Jurisdiction.
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24. Resort to Security Deposit and Liquidated Damages:
In the event the Purchaser terminated the Contract in whole or in part, the Purchaser shall:
(i) Not refund the Earnest Money Deposit (EMD) / encash the BG.
(ii) Deduct Liquidated damages as specified hereafter in Clause number 28 of this contract.
(iii) May procure, upon such terms and in such manner as it deems appropriate, KYC services
similar to those undelivered and/or Services not performed, and the Bidder shall be liable to
the Purchaser, for any excess costs, for such similar KYC services and/or Services. However,
the Bidder shall continue performance of the Contract to the extent not terminated.
29. Obligation:
All disputes and/or differences in respect of which the Bidder and the Purchaser have not been
able to amicably resolve through negotiations shall on the initiative of either party be referred to
the adjudication by a Sole Arbitrator to be nominated by the General Manager, IT of NICL whose
decision shall be final and the Arbitration proceedings shall be conducted in accordance with the
provisions of Arbitration and Conciliation Act, 1996 with any statutory modifications thereof, if
required.
Performance under these presents shall, if reasonably possible, continue during the arbitration
proceedings and payment due to the Bidder by the Purchaser shall not be withheld, unless they
are the subject matter of the arbitration proceedings.
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31. Notices:
IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month
and year first above written.
In presence of Shri/Smt.
In presence of Shri/Smt.
In presence of Shri/Smt.
Page 64 of 74
7.2. GENERAL FORMAT FOR PERFORMANCE BANK GUARANTEE
To,
National Insurance Company Ltd.
Head Office
3, Middleton Street
Kolkata-700 071
Dear Sirs,
In consideration of your having placed a Purchase Order for services of KYC
services/solutions (with………………………………………………. and your agreeing to pay
the aforesaid Messers
……………………………………………………………………………………………………
………………………………………………………………………(hereinafter referred to as
‘The Bidder’ and shall include his heirs, successors and permitted assigns) a sum of
`…………………… (Rupees………………………….) as and by way of payment in terms of
the Contract / Supply Order / Purchase Order No. ……………..………….. dated ………….
with you (hereinafter referred to as ‘Contract’) on your agreeing to furnish to you with our
guarantee in the manner hereinafter contained, we …………………………….……..(Bankers
Name) located at ………………………………..with registered office at
…………………………………
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3. This guarantee shall continue and hold good until it is released by NICL on the applications
by the Bidder after completion of delivery of KYC services / terms and conditions at site
provided always this guarantee shall in no event remain in force after the day of
………………….. Without prejudice to NICL’s claim or claims arisen and demanded from
or otherwise notified to us in writing on or before the seventh day after the said date of expiry
of the guarantee which will be enforceable against us notwithstanding that the same is or not
enforced after the said date.
4. Should it be necessary to extend this guarantee on account of any reason whatsoever, we
undertake to extend the period this agreement till such time with the Bidder’s consent on
the request by NICL.
5. NICL will have the fullest liberty without affecting this guarantee, either to vary, or to modify
and to revoke any of the terms and conditions of the said contract or to extend the time of
performance of the Bidder or to postpone for any time or from time to time any of NICL’s
rights or powers against the Bidder and either to enforce or to forbear to enforce any of the
terms and conditions of the said contract and we shall not be released from our liability
under this guarantee by the exercise of NICL’s liberty. With reference to matters aforesaid or
by reason of any time being given to the Bidder, or any other forbearance, act or omission on
NICL’s part or any indulgence by NICL to the Bidder or by any variation or modification of
the said contract or any other act, matter or things 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 provided always nothing herein contained will enlarge our
liability hereunder beyond the limit of ` ……………. (Rupees……………………………..)
as aforesaid or extend the period of the guarantee beyond the said day of ……………..
Unless expressly agreed to by us in writing.
6. This guarantee shall not in any way be affected by NICL’s taking or varying or giving up any
securities from the Bidder or any other person, firm or company on their behalf or by
winding up, dissolution, insolvency or death as the case may be of the Bidder or his
company/firm.
7. In order to give full effect to the guarantee herein contained, NICL shall be entitled to act as
if we were your principal debtors in respect of all NICL’s claims against the Bidder 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 any of the provisions of this
guarantee.
8. Subject to the maximum limit of our liability as aforesaid, this guarantee will cover all your
claim or claims against the Bidder from time to time arising out of or in relation to the said
contract and in respect of which NICL’s claim in writing is lodged on us on or before the
seventh day after expiry of this guarantee.
9. Any notice by way of demand or otherwise hereunder may be sent by special courier, telex,
fax or registered post to our local address as aforesaid and if sent by post, it shall be deemed
to have been lodged / given / submitted when the same is posted.
10. This guarantee and the powers and provisions herein contained, are in addition to and not by
way of limitation of or substitution for any other guarantee or guarantees hereto before given
to NICL by us and now existing un-cancelled and that this guarantee is not intended to and
shall not revoke or limit such guarantee or guarantees.
11. This guarantee shall not be affected by any change in the constitution of the Bidder or us
nor shall it be affected by any change in your constitution or by amalgamation or absorption
thereof or therewith but will ensure to the benefit of and be available to and enforceable by
the absorbing or amalgamated company or concern.
12. This guarantee shall come into force simultaneously with NICL’s making the aforesaid
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payment to the Bidder and shall not be revoked by us whether before its coming into force or
any time during its currency without NICL’s prior consent in writing.
13. We further agree and undertake to pay to NICL the amount demanded by NICL in writing
irrespective of any dispute or controversy between NICL and the Bidder.
14. Notwithstanding anything contained hereinabove our liability under this agreement is
restricted to `…… (Rupees …………………………………..) . Unless a written claim is
lodged on us for payment under this guarantee within seven days of the date of expiry of this
guarantee i.e. on or before …………….. all NICL’s rights under this guarantee shall be
forfeited and we shall be deemed to have been released and discharged from all liabilities
there under, irrespective of whether or not the original guarantee is returned to us, discharged.
15. We have power to issue this guarantee in NICL’s favour under the Memorandum and Articles
of Association of our Bank and the undersigned has full power to execute this guarantee
under the Power of Attorney granted to him by the Bank.
(BANKER’S NAME)
Branch Manager
(Banker’s seal)
Address………………………………
………………………………
P.S.: The amount referred to above will be as per the terms of payment specified
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16. We further agree and undertake to pay to NICL the amount demanded by NICL in writing
irrespective of any dispute or controversy between NICL and the Bidder.
17. Notwithstanding anything contained hereinabove our liability under this agreement is
restricted to `…… (Rupees …………………………………..) . Unless a written claim is
lodged on us for payment under this guarantee within seven days of the date of expiry of this
guarantee i.e. on or before …………….. all NICL’s rights under this guarantee shall be
forfeited and we shall be deemed to have been released and discharged from all liabilities
there under, irrespective of whether or not the original guarantee is returned to us, discharged.
18. We have power to issue this guarantee in NICL’s favour under the Memorandum and Articles
of Association of our Bank and the undersigned has full power to execute this guarantee
under the Power of Attorney granted to him by the Bank.
(BANKER’S NAME)
Branch Manager
(Banker’s seal)
Address………………………………
………………………………
P.S.: The amount referred to above will be as per the terms of payment specified
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Bidder has to sign an Integrity pact as provided in the tender document, in original and
should be submitted along with Pre-Qualification Bid.
INTEGRITY PACT
BETWEEN
Preamble
The PURCHASER intends to award, under laid down organizational procedures, contract(s) for
Procurement of UPS (hereinafter referred to as the ‘Project’). The PURCHASER necessarily
requires full compliance with all relevant laws of the land, rules, regulations, economic use of
resources and off airiness/transparency in its relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the PURCHASER may appoint an Independent External Monitor
(IEM), who will monitor the tender process and the execution of the contract for compliance with
the Integrity Pact by all parties concerned, for all works covered in the Project.
(1) The PURCHASER commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
a) No employee of the PURCHASER, personally or through family members or through any
other channel, will in connection with the tender for or the execution of a contract, demand
take a promise for or accept, for self or third person, any material or immaterial benefit,
which the person is not legally entitled to.
b) The PURCHASER will, during the tender process treat all Contractor(s)/Bidder(s) with
equity and reason. The PURCHASER will in particular, before and during the tender
process, provide to all Contractor(s)/Bidder(s) the same information and will not provide
to any Contractor(s)/Bidder(s), confidential/additional information through which the
Contractor(s)/Bidder(s) could obtain an advantage in relation to the tender process or the
contract execution.
c) The PURCHASER will exclude from the process all known prejudiced persons. The
PURCHASER shall obtain bids from only those parties who have been short-listed or pre-
qualified or through a process of open advertisement/web publishing or any combination
thereof.
(2) If the PURCHASER obtains information on the conduct of any of its employees, Contractor(s)
and/or Bidder(s), which is a criminal offence under the IPC/PC Act, or if there be a substantive
suspicion in this regard, the PURCHASER will inform the Chief Vigilance Officer and subject
to its discretion, can additionally initiate disciplinary actions.
(3) The PURCHASER will enter into agreements with identical conditions with all
Contractor(s)/Bidder(s), in the different Work Packages in the aforesaid Project.
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(4) The PURCHASER will disqualify from the tender process all Contractor(s)/Bidder(s) in the
range of Rs 1 Crore and above, who do not sign this Pact or violate its provisions.
(1) The Bidder(s) / Contractor(s) commit(s) itself/themselves to take all measures necessary to
prevent corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
(a) The Bidder(s) / Contractor(s) will not, directly or through any other person or firm offer,
promise or give to any of the PURCHASER’s employees involved in the tender process or
the execution of the contract any material or other benefit which he/she is not legally entitled
to, in order to obtain in exchange any advantage, of any kind whatsoever, during the tender
process or during the execution of the contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement
or understanding, whether formal or informal. This applies in particular to prices,
specification, certifications, subsidiary contracts, submission or non-submission of bids or
any other actions to restrict competitiveness or to introduce cartelization in the bidding
process.
(c) The Bidder(s)/Contractor(s) will not use improperly, for purpose of competition or personal
gain, or pass on to others, any information or document provided by the PURCHASER as
part of the business relationship, regarding plans, NICL proposals and business details,
including information contained or transmitted electronically.
(d) The Bidder(s) / Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly the Bidder(s)/Contractor(s) of Indian
Nationality shall furnish the name and address of the foreign PURCHASERs, if any. Further
details as mentioned in the “Guidelines on Indian Agents of Foreign Bidders” shall be
disclosed by the Bidder(s) / Contractor(s). Further, as mentioned in the Guidelines all the
payments made to the Indian agent/representative have to be in Indian Rupees only.
(e) The bidder(s) / Contractor(s) will, when submitting his bid, disclose any and all payments he
has made, is committed to or intends to make to agents, brokers or any other intermediaries
in connection with the award of the contract.
(2) The Bidder(s) / Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3: Disqualification from tender process and/or exclusion from future contracts.
(1) If the Bidder(s) / Contractor(s), before awarding the Project or during execution has
committed a transgression by violating Section 2 above or in any other form so as to put his
reliability or credibility in question, the PURCHASER, at its sole discretion, is entitles to
disqualify the Bidder(s) / Contractor(s) from the tender process or terminate the Contract, if
already awarded, for that reason, without prejudice to any other legal rights or remedies
available to the PURCHASER under the relevant clauses of GCC/SCC of the tender/contract.
(2) If the Contractor(s)/Bidder(s) has committed a transgression through a violation of any of the
terms under Section 2 above or in any other form such as to put his reliability or credibility
into question, the PURCHASER will also be entitled to exclude such Contractor(s)/Bidder(s)
from future tenders/contract award processes. The imposition and duration of the exclusion
will be determined by the PURCHASER, keeping in view the severity of the transgression.
The severity will be determined by the circumstances of the case, in particular, the number of
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transgressions and/or the amount of the damage.
(3) If it is observed after payment of final bill but before the expiry of validity of Integrity Pact
that the contractor has committed a transgression, through a violation of any of the terms
under Section 2 above or any other term(s) of this Pact, during the execution of contract, the
PURCHASER will be entitled to exclude the contractor from further tender/contract award
processes.
(4) The exclusion will be imposed for a minimum period of six (6) months and a maximum period
of three (3) years.
(5) If the Contractor(s)/Bidder(s) can prove that he has restored/recouped the damage to the
PURCHASER caused by him and has installed a suitable corruption prevention system, the
PURCHASER may, at its sole discretion, revoke or reduce the exclusion period before the
expiry of the period of such exclusion.
(1) If the PURCHASER has disqualified the Bidder(s)/Contractor(s) from the tender process prior
to the awarding of the Project according to Section 3, the Earnest Money Deposit(EMD)/ Bid
Security furnished, if any, along with the offer, as per terms of the Invitation of Tender, shall
also be forfeited. The Bidder(s)/Contractor(s) understands and agrees that this will be in
addition to the disqualification and exclusion of the Contractor(s)/Bidder(s) as may be
imposed by the PURCHASER, in terms of Section 3 above.
(2) If, at any time after the awarding of the Project, the PURCHASER has terminated the contract
according to Section 3, or if the PURCHASER is entitled to terminated the contract according
to Section 3, the security Deposit/Performance Bank Guarantee furnished by the Contractor,
if any, as per the terms of the RFP/Contract shall be forfeited without prejudice to any other
legal rights and remedies available to the PURCHASER under the relevant clauses of
General/Special Conditions of Contract. The Contractor(s)/Bidder(s) understands and agrees
that this will be in addition to the disqualification and exclusion of the Bidder(s)/Contractor(s),
as may be imposed by the PURCHASER in terms of Section 3 above.
(1) The Bidder(s)/Contractor(s) herein declares that it has committed no transgressions in the last
3 years with any other Company in any country confirming to the anti-corruption approach
as detailed herein or with government/ any other Public Sector Enterprise in India that could
justify its exclusion from the tender process.
(2) If at any point of time during the tender process or after the awarding of the Contract, it is
found that the Bidder(s)/Contractor(s) has made an incorrect statement on this subject, he can
be disqualified from the tender process or if, as the case may be, that the Contract, is already
awarded, it will be terminated for such and the Bidder(s)/Contractor(s) can be black listed in
terms of Section 3 above.
(1) The PURCHASER shall, in case where the Project Value is in excess of Rs 1 Crore and above,
may appoint competent and credible Independent External Monitor(s) with clearance from
Central Vigilance Commission. The Monitor shall review independently, the cases referred to
it to assess whether and to what extent the parties concerned comply with the obligations under
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this Integrity Pact.
(2) In case of non-compliance of the provisions of the Integrity Pact, the complaint/non-
compliance is to be lodged by the aggrieved party with the Nodal Officer only, as shall be
appointed by the CMD, NICL. The Nodal Officer shall refer the complaint/non-compliance
so received by him to the aforesaid Monitor.
(3) The Monitor will not be subject to any instructions by the representatives of the parties and
will perform its functions neutrally and independently. The Monitor shall report to the
Chairman-cum Managing Director, NICL.
(4) The Bidder(s) / Contractor(s) accepts that the Monitor shall have the right to access, without
restriction, all Project documentation of the PURCHASER including that provided by the
Contractor. The Contractor will also grant the Monitor, upon his/her request and
demonstration of a valid interest, unrestricted and unconditional access to its project
documentation. The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s) / Contractor(s) with confidentiality.
(5) The PURCHASER will provide to the Monitor, sufficient information about all meetings
among the parities related to the Project, provide such meetings could have an impact on the
contractual relations between the PURCHASER and the Contractor.
(6) As soon as the Monitor notes, or believes to note, a violation of this Pact, he will so inform
the PURCHASER and request the PURCHASER to discontinue and/or take corrective action,
or to take other relevant action(s). The Monitor can in this regard submit non-binding
recommendations. However, beyond this, the Monitor has no right to demand from the parties
that they act in a specific manner and/or refrain from action and/or tolerate action.
(7) The Monitor will submit a written report to the CMD, NICL within 4 to 6 weeks from the
date of reference or intimation to it and, should the occasion arise, submit proposals for
corrective actions for the violation or the breaches of the provisions of the agreement noticed
by the Monitor.
(8) If the Monitor has reported to the CMD, NICL, of a substantiated suspicion of an offence
under relevant IPC/PC Act, and the CMD, NICL, has not, within the reasonable time taken
visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the
Monitor may also transmit this information directly to the Chief Vigilance Officer, NICL.
(9) The word ‘Monitor’ means Independent External Monitor and includes both singular and
plural forms.
The Pact shall come into force when both parties have legally signed it. The Pact shall expire, in
case of the Contractor(s), 3 (three) months after the last payment under the Contract is made and
in case of the unsuccessful Bidder(s), 2 (two) months after the contract for the project has been
awarded. If any claims is made / lodged during this time, the same shall be binding and continue
to be valid despite the lapse of this pact as specified above, unless it is discharged/ determined by
CMD of NICL. The Bidder(s)/Contractor(s), however, understands and agrees that even upon the
completion of the Project and/or the last payment under the Contract having been made, if any
transgression/violation of the terms of this Pact comes /is brought to the notice of the
PURCHASER, it may, subject to its discretion, blacklist and/or exclude such
Bidder(s)/Contractor(s) as provided for in Section3, without prejudice to any other legal right or
remedy so available to the PURCHASER.
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the PURCHASER, i.e. Kolkata.
(2) Changes and supplements as well as termination notice need to be made in writing.
(3) If the Bidder/Contractor is a partnership or a consortium, this agreement must be signed by
all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of
this agreement shall remain valid and binding. In such a case, the parties will strive to come
to an agreement in accordance to their original intentions.
(5) Wherever he or his as indicated in the above sections, the same may be read as he/she or
his/her, as the case may be.
______________________________ ________________________
(For & On behalf of the PURCHASER) (For & On behalf of Bidder/Contractor)
(Office Seal) (Office Seal)
Place____________
Date_____________
Witness 1:
(Name & Address) ___________________________
___________________________
Witness 2:
(Name & Address) ___________________________
___________________________
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Re: Declaration regarding Conflict of Interest (COI) in Public Procurement
We, hereby declare that the participation by our bidding firm (Bidder’s Name) or any of our affiliates
that are neither involved in the consultancy contract to which this procurement is linked; nor if we
are part of more than one bid in the procurement; nor if our bidding firm or our organization
personnel have relationships or financial or business transactions with any official of Procuring
Entity i.e. M/s National Insurance Company Limited who are directly or indirectly related to tender
or execution process of contract; nor have access to information of (Bidder’s Name) to gain unfair
advantage in the procurement process. We, also confirm that:
1. We, (Bidder’s Name) or our constituent do not have common controlling shareholding or
other ownership interest
2. Any constituent of us (Bidder’s Name) is not a constituent of another bidder.
3. We, (Bidder’s Name) do not have the same legal representation with any other bidder for the
purpose of the bid.
4. We, (Bidder’s Name) do not have any relationship with any other bidder that puts us in a
position to allow access to each other’s information or to influence the bid of any other
bidder.
5. We, (Bidder’s Name) have not participated in preparation of any document, design or NICL
specification for the project.
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