Final RFP Nic Kyc 16.03.2023

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REQUEST FOR PROPOSAL (RFP) FOR THE

SELECTION OF VENDOR/SERVICE PROVIDER


FOR THE PROCUREMENT OF COMPREHENSIVE
ONLINE KYC SERVICES FOR NICL

RFP NO: NICL/IT/RFP/06/2023/KYC

National Insurance Company Limited


Head Office
3, Middleton Street, Kolkata 700 071
Phone Nos.: (033)2283-1728/39, Fax No.: (033)2283-1740

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CONTENTS

S. Section Description Page


No.
1 Section I Definitions, General Terms and Conditions 3-20
2 Section II RFP Specific Terms and Conditions 21-29
3 Section III Contents of Particulars of Pre-Qualification Bid 30-39
4 Section IV Scope of Work 40-47
5 Section V Contents of particulars of Technical Bid 48-52
6 Section VI Contents of particulars of Commercial Bid 53-57
7 Section VII Format of Contract & Format of Performance Bank Guarantee 58-73
Declaration for conflict of interest 74

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SECTION - I

Definitions, General
Terms and Conditions

National Insurance Company Limited


Head Office
3, Middleton Street, Kolkata 700 071
Phone Nos.: 2283-1728/39, Fax No.: 2283-1740

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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:

a) The ‘Purchaser’ means National Insurance Company Limited.


b) ‘RFP’ means ‘Request for Proposal’.
c) The ‘Contract’ means the agreement entered into between the Purchaser and the
Bidder as recorded in the Contract Form signed by the Purchaser and the Bidder,
including all attachments and Annexure thereto and all documents incorporated by
reference therein. The contract also covers the terms & conditions and other points
mentioned in the RFP forms including the accepted deviations (if any). A specimen
of the Contract has been given in Section – VII
d) ‘OEM’ Means Original Equipment Manufacturer.
e) The ‘Bidder/Authorized Channel Partner/ Authorized Service Partner (ASP)’ means
the person or the firm or the company with whom the order for the e K Y C / C K Y C
services of the KYC/Maintenance/Services is placed, and shall be deemed to include
the Bidder’s successors, representatives (approved by the Purchaser), heirs,
executors, administrators and permitted assignees, as the case may be unless
excluded by the terms of the contract.
f) “Bid” means the written reply or submission of response to this RFP.
g) The term ‘Bidder’ means ‘Bidder/Service Provider/Authorized Channel
Partner/Authorized Service Partner (ASP)’ till submission and evaluation of RFP.
The term ‘Bidder’ may include Original Equipment Manufacturer (OEM) wherever
applicable. At the time of issue of Purchase Order and signing of Contract, the
successful Bidder will be termed as ‘Bidder’.
h) The ‘Bid Price/Contract Price’ means the ‘Total Price’ (As per column ‘B’ of Table
‘A’, Section-VI) payable to the Bidder subject to liquidated damages (if any)
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under the contract.
i) Software Solution/ Services/ System – “Software Solution” or “Services” or
“System” means all software products, services, scope of work and deliverables to
be provided by a Bidder as described in the RFP and include services ancillary to the
development of the solution, such as installation, commissioning, integration with
existing systems, provision of technical assistance, training, certifications, auditing
and other obligation of the Bidder covered under the RFP.
j) ‘EMD’ means Earnest Money Deposit being the amount to be deposited by the
bidder to NICL in the form of Demand Draft along with the bid.
k) ‘PBG’ means Performance Bank Guarantee to be submitted by the bidder as the
guarantee of performance against the concerned Order.
l) The ‘Order’ means the Purchase Order issued in favour of the successful Bidder.
m) The term ‘Authorized Signatory’ as used in the RFP document shall mean one who
has signed the RFP and he/she should clearly indicate the capacity in which he / she
has signed the RFP and the company or firm shall be bound by his / her signature.
n) Wherever the word ‘he’ appears in this document, it shall be deemed to include
‘she’, ‘it’ as may be appropriate.
o) ‘Uptime’ is the percentage of time that a system is operational i.e. when the system
is up and running. Uptime for calculation purpose equals to total no of hours of day
in a quarter minus downtime in number of hours (not including the scheduled
maintenance hours) divided by any part of hours treated as full hour.
p) Inspection team will consist of NICL officials and any other Inspection Agency
appointed by NICL.
q) ‘NICL Address’ means the address for bid submission and opening of RFP:
Dy General Manager-IT
National Insurance Company Limited,
Head Office, IT Department, 4th Floor
3, Middleton Street, Kolkata- 700071
Phone Number: - (033)22831728/39
Fax Number: - (033)22831740
Email ID: [email protected] Mb. No. 7704900406

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

6. NICL RESERVES RIGHTS TO

6.1. Accept / reject any of the tenders.


6.2. Add, modify, relax, waive or alter any of the conditions stipulated in the tender specification
wherever deemed necessary.
6.3. Reject any or all the tenders without assigning any reason thereof.
6.4. Reject any or all the tenders if the bid is not signed by the duly authorized person or the bid
submitted is unsigned or partially unsigned.
6.5. No bid will be accepted after the due date & time.

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7. REJECTION OF BIDS

The bid is liable to be rejected inter alia:


7.1. If it is not in conformity with the instructions mentioned therein.
7.2. If it is not accompanied by the requisite Tender Fee.
7.3. If it is received after the expiry of the due date and time.
7.4. If it is evasive or incomplete including non-furnishing the required documents.
7.5. If it is received from any black listed bidder or whose past experience is not
satisfactory.
7.6. If it does not fulfil technical requirements
7.7. If it is not accompanied by the requisite BSD (Bid Securing Declaration).

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.

10. EARNEST MONEY DEPOSIT (EMD)

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. PERFORMANCE BANK GUARANTEE

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

Sr. Eligibility Criteria Documents to be Submitted


No.

1. The bidder should be a Government Organization/ Copy of Certificate of


PSU/ or a Limited Company / Private Limited Company in Incorporation issued by
India for a minimum of 5 years of existence as on the date Registrar of Companies
of RFP.
2. The bidder should have a turnover of at least 25 CR for the Balance Sheet to be
past 3 Financial Years (2019-20, 2020-21, 2021-22). certificated by an Auditor

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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.

6. The Bidder should be Original Software Developer or Letter of confirmation from


Authorized Partner of OEM for Supply Implement and OEM & Bidder need to be
Support KYC Solutions. submitted.

7. The Bidder should be an OEM or authorized partner of Letter of confirmation


OEM for supply of licenses and solution implementation from OEM need to be
and maintenance support under warranty / AMC / ATS submitted.
for the solution.

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

9. Bidder should have direct support offices in Kolkata. In Letter of confirmation


case direct support office of the bidder is not present in
Kolkata then an undertaking to be provided by the Bidder
stating that direct support would be provided by the bidder
at Kolkata whenever desired by the National Insurance
Company Ltd.

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

13. Technical Criteria

Bidders need to provide the API, UI and App based solution for identification/verification by all of
the following methods:

a. Aadhaar based KYC through online authentication.


b. Aadhaar based KYC through offline verification.
c. By using KYC identifier allotted to the client by the “Central KYC Records Registry
(CKYCR)/CERSAI.
d. Authentication/verification/fetching information from Digilocker.
e. Permanent Account Number (PAN) verification.
f. Passport verification.
g. Driving License verification.
h. Goods and Services Tax Identification Number (GSTIN) Verification.
i. “Video Based Identification Process (VBIP) as described in Master Guidelines on Anti-Money
Laundering/Counter Financing of Terrorism(AML/CFT), 2022(Ref:
IRDAI/IID/GDL/MISC/160/8/2022)
Dated: 01-Aug-2022 published by Insurance Regulatory and Development Authority of India
IRDAI.
j. Any other method for establishing and verifying identity as notified by any
government/statutory/regulatory
body.

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.Arithmetical errors will be rectified on the following basis:

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.

1. Confirmation in Writing for Technical Bid Letter

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.

17. User Acceptance Test (UAT)

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.

The supply, installation, integration, configuration, deployment, customization,


commissioning, testing,
training and capacity building should be done under the supervision and guidance of NICL
officials.

18. Terms of Payment

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):

19.2.1. Total number of service calls made.

19.2.2. Performance report on all SLAs and calculation of applicable penalties (if any).

19.2.3. A copy of Signed Contract(as Per format given in Section – VII).

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).

19.2.6. Software Licenses for Utility / System Software, if any.

19.2.7. Certificate Indemnifying the Purchaser by the Bidder regarding Violation of


Copyright and Patents.

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.

19.4. No advance payment will be made by NICL.

19.5. Payment will be released in arrears on satisfactory performance and after deduction of
penalty, if any.

20. PROJECT SCHEDULE

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

Up to 1 Week 2%, of the projected cost of 1st year


1 – 3 Weeks 2.5%, of the projected cost of 1st year
3-4 Weeks 3%, of the projected cost of 1st year
More than 4 Weeks Contract may be considered for cancellation

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.

21.1. The bidder should have a proper system of reporting of complaints.

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:

S. No. Services Response Time Resolution Time


(in Hours)

1 Disruption/break-down in 2 Within 24 hours


Normal business
2 operations
Change Request/ 4 Within three NICL Working
Updation days

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.

23. Annual Maintenance Contract (AMC)

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.

24. Copyright Violation and Patent Rights

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.

25. Cancellation Clause

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.

27. Change of Purchase Order

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.

28. Delays in the Bidder/s performance

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.

29. Liquidated Damages

In case service delivery, installation, integration, configuration, deployment, customization and


commissioning of the services ordered for is not fully completed within stipulated period,
Liquidated Damages condition shall be invoked if such delay is not attributable to “Force De
Majeure”.

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.

30. Contract with NICL


Page 16 of 74
The Bidder/s will have to enter into a contract with National Insurance Company
Limited within 15 working days of NICL from the date of receiving of purchase order. The
format of the contract is attached in Section –VII. Failure to enter into Contract may result in
cancellation of the Purchase Order.

31. Termination on Insolvency

The agreement can be terminated by giving written notice to the Bidder/s, without compensation
to the Bidder/s, if:

(a) The Bidder/s becomes bankrupt or is otherwise declared insolvent.

(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.

32. Governing Language

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.

33. Applicable law

The contract shall be interpreted in accordance with the Indian laws.

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.

33.3. Force De Majeure

Page 17 of 74
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.

34. Termination for Convenience

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

The entire responsibility of the supply, installation, integration, configuration, deployment,


customization, commissioning, testing, training, capacity building, warranty and the contract
lies with the Bidder/s on whom the Purchase Order is placed and with whom the Contract is
signed. The Bidder/s would be responsible and bear the additional cost (if any), incurred by the
Purchaser on this account of the supply.

36. Limitation of Liability

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,
Page 18 of 74
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.

37. Acceptance of Terms & Condition

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.

38. Adoption of Integrity Pact

Attached as annexure

39. Confidentiality and Non-Disclosure

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:

Is or becomes public knowledge other than by breach of this section.


Was in the possession of Receiving Party without restriction in relation to disclosure before the
date of receipt from Disclosing Party.
Is received from a third party who lawfully acquired it and who was under no obligation
restricting its disclosure.
Was independently developed, without access to any Confidential Information disclosed by the
Disclosing Party.
Page 19 of 74
Supplier and the Purchaser both agree that these provisions shall not apply so as to prevent
disclosure of Confidential Information by the Receiving Party to the extent that such disclosure
is required to be made by any authority of competent jurisdiction or by any Applicable Law,
provided that the Receiving Party:

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:

a. Disclosure of data of any kind on legal/statutory compulsion should be done only


after obtaining concurrence from NICL.
b. Resist illicit demands that are invalid which are not permitted by the Indian
Government or Indian IT Law or any other Indian Regulatory Authorities.
c. Any publicity by the selected bidder in which the name of NIC is to be used
should be done only with the explicit written permission of NICL.

Page 20 of 74
SECTION – II

RFP Specific Terms and


Conditions

National Insurance Company Limited


Head Office
3, Middleton Street, Kolkata 700 071
Phone Nos.: 2283-1728/39, Fax No.: 2283-1740

Page 21 of 74
1. RFP Specific Terms and Conditions

1.1.The RFP Number and Name of this RFP is NICL/IT/RFP/06/2023/KYC.

1.2. Invitation to RFP is for Supply, installation, integration, configuration, deployment,


customization, commissioning, testing, training, capacity building, maintenance and related
services as per specifications given in section – IV.

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.

Page 22 of 74
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.

Name as per Bank Account : National Insurance Company Limited


Bank Account Number : 6762010554
Type of Account : Current Account
Name of the Bank : Indian Bank
Name of the Branch : Russell Street, Kolkata – 700071
MICR Number of the Branch : 700019018
IFSC No. of the Branch : IDIB000R024

 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.

 This RFP Document is not transferable.

1. Procedure for Submission of Bids

2.1. It is proposed to have a Two Bid System for this RFP.

(A) The Pre-qualification Bid should be super scribed “RFP N o .


NICL/IT/RFP/06/2023/KYC for supply, installation and maintenance of KYC
services, the wording “DO NOT OPEN BEFORE 1 0 t h A p r i l , 2 0 2 3 ” and
“Pre-Qualification bid for supply, installation, commissioning and maintenance of
‘KYC services’”.

(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
Page 23 of 74
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”.

Prices are to be indicated only in the prescribed format in Price Bid

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 ”

Addressee and Address of the RFPs:

Dy. General Manager-IT,


Information Technology Department,
National Insurance
th
Company Limited,
Head Office, 4 Floor
3, Middleton Street, Kolkata – 700071

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).
Page 24 of 74
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

1. Technical Bid comprises the following

i. NICL Bid Letter


ii. NICL Details of the KYC Services offered
iii. Format of Warranty
iv. Undertaking of Authenticity for ‘KYC services, and soft wares supplied.
v. No Deviation Declaration
vi. Non Blacklisting Declaration

The formats of particulars of the above mentioned items are given in Section – V.

1. Commercial Bid comprises the following

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.

Page 25 of 74
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

5.1. REGISTRATION PROCESS ON ONLINE PORTAL

o Bidders to enrol on the e-Procurement module of the portal https://nicl.ewizard.in by


clicking on the link “Bidder Enrolment” as per portal norms.
o The bidders to choose a unique username and assign a password for their accounts.
Bidders are advised to register their valid email address and mobile numbers as part
of the registration process. These would be used for any communication from the e-
Wizard Portal.
o Bidders must provide the details of PAN number, registration details etc as applicable
and submit the related documents. The user id will be activated only after submission
of complete details. The activation process will take minimum 24 working hours. After
completion of registration payment, you can also send your acknowledgement copy
on our help desk mail id [email protected] for activation of your account.
o The bidders must ensure to get themselves registered on the portal at least 1 week
before the tender submission date and get trained on the online tender submission
process. For tender submission and registration process bidders are advised to refer
respective manuals on website. Tender inviting Authority/Department will not be
held responsible for any sort of delay or the difficulties faced during the submission of
bids online by the bidders due to local issues like internet connectivity/PC speed/etc
o Bidders to register upon enrolment their valid Digital Signature Certificate (DSC: Class
III Certificates with signing key and encryption usage) issued by any Certifying
Authority recognized by CCA India with their profile.
o A bidder should register only one valid DSC. Please note that the bidders are
responsible to ensure that they do not lend their DSCs to others, which may lead to
misuse. Foreign bidders are advised to refer “DSC details for Foreign Bidders” for
Digital Signature requirements on the portal.
o Bidder then logs in to the site through the secured login by entering their user
ID/password and the password of the DSC / e-Token.

5.2. Tender Document Search

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.

Page 26 of 74
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.

5.3. Bid Preparation

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.

5.4. Bid Submission

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.

Page 27 of 74
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.

5.5. Amendment of bid document

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.

5.6. Instruction to Bidders

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.
Page 28 of 74
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

Tel: 011-49606060, [email protected]


Tariq Anwar: 9355030608, [email protected]
Saikat Pal: 9355030620, [email protected]

Page 29 of 74
SECTION –
III
Contents of Particulars of Pre-
Qualification Bid

National Insurance Company Limited


Head Office
3, Middleton Street, Kolkata 700 071
PhoneNos.: 2283-1728/39, Fax No: 2283-1740

Page 30 of 74
1. Pre-Qualification Bid Form

1.1. BIDDER’S PARTICULARS

a. NAME AND ADDRESS OF THE


BIDDER :

b. NAME AND ADDRESS OF THE


MANUFACTURER (IF NOT SAME AS POINT 1 ABOVE):

c. LOCATION OF CORPORATE /
HEAD OFFICE OF BIDDER :

d. DATE & COUNTRY OF INCORPORATION :

e. SERVICE FACILITIES OF BIDDER : ANNEXURE – A

f. ANNUAL TURNOVER AUDITED

(LAST THREE FINANCIAL YEARS) : ANNEXURE –B

g. PROFIT & POSITIVE NET WORTH IN LAST THREE FINANCIAL YEARS


(WHICHEVER ANNEXURE –C

h. LIST OF MAJOR CLIENTS :ANNEXURE-D

i. CERTIFICATION & AREA OF CERTFICATION : ANNEXURE – E

j. INCOME TAX PAN NUMBER : (PLEASE ATTACH PHOTOCOPY OF


LATEST I.TAX CLEARANCE CERTIFICATE)

k. GST REGISTRATION NO:

l. COMPANY PAN DETAILS :

Page 31 of 74
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 :

SEAL OF THE COMPANY

Page 32 of 74
Sr. Eligibility Criteria Documents to be
No. Submitted

1. The bidder should be a Government Organization/ Copy of Certificate of


PSU/ or a Limited Company / Private Limited Incorporation issued by
Company in India for a minimum of 5 years of Registrar of Companies
existence as on the date of RFP.

2. The bidder should have a turnover of at least 25 CR Balance Sheet to be


for the past 3 Financial Years. certificated by an Auditor

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.

6. The Bidder should be Original Software Developer Letter of confirmation from


or Authorized Partner of OEM for Supply OEM & Bidder need to be
Implement and Support KYC Service/Solutions. submitted.

7. The Bidder should be an OEM or authorized partner Letter of confirmation from


of OEM for supply of licenses and solution OEM need to be submitted.
implementation and maintenance support under
warranty / AMC / ATS for the solution.

Page 33 of 74
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

9. Bidder should have direct support offices in Kolkata. Letter of confirmation


In case direct support office of the bidder is not
present in Kolkata then an undertaking to be
provided by the Bidder stating that direct support
would be provided by the bidder at Mumbai
whenever desired by the National Insurance
Company.

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.

Page 34 of 74
Annexure – A

SERVICE CENTRES / SERVICE PROVIDERS OF BIDDER FOR

Sl. No. State Location / Name of Phone / No. of Service


City / Service Centers / Fax / Engineers
Address Service Provider E-Mail

Signature of Witness Signature of Bidder

Dated: Dated:

Place: Place:

Seal:

Page 35 of 74
Annexure – B

Annual Turnover

Description Year Year Year


(2019-2020) (2020-2021) (2021-2022)
Amount Amount Amount
(in Crore) (in Crore) (in Crore)
Turnover (Audited)

Signature of Witness Signature of Bidder

Dated: Dated:

Place: Place:

Seal:

Page 36 of 74
Annexure – C

Positive Net Profit & Positive Net Worth in last 3 financial years

Financial Years Net Profit Net Worth

FY (2019-2020)
FY (2020-2021)
FY (2021-2022)

Signature of Witness Signature of Bidder

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).

Page 37 of 74
Annexure – D

LIST OF MAJOR CLIENTS

Sl. No. Name of the Client Project Year Amount


Details (in cores)

Signature of Witness Signature of Bidder

Dated: Dated:

Place: Place:

Seal:

Page 38 of 74
Annexure – E

CERTIFICATION & AREA OF CERTFICATION

Sl. No. Area of Certification Certification Certifying


Services Institute

Signature of Witness Signature of Bidder

Dated: Dated:

Place: Place:

Seal:

Page 39 of 74
SECTION –
IV
Scope of Work

National Insurance Company Limited


Head Office
3, Middleton Street, Kolkata 700 071
Phone Nos.: 2283-1728/39, Fax No.: 2283-174

Page 40 of 74
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:-

Sr. Particulars Mandatory/Des


No. ired

1 The proposed solution must comply with IRDAI Mandatory


guidelines for the KYC Process.

2 Solution should support CKYC(Search and Download) Mandatory


/Digilocker/Aadhar XML or any other OVDs based
customer verification.

3 The solution shall ensure that the process is a seamless, Mandatory


real-time, secured and end-to- end encrypted.

4 The solution should enable the National Insurance Mandatory


Corporation (NICL) official to carry out a liveness check
in order to guard against spoofing and such other
fraudulent manipulations.

5 The solution must possess real-time dashboards Mandatory


capabilities to track KYC activities
6 Data Residency: The Platform should be entirely hosted Mandatory
in the country ‘India’. All data stored on the platform
must always reside within the country ‘India’.

7 Application Security: Service provider at times to Mandatory


provide, maintain and support IT software and subsequent
updates, upgrades and bug fixes such that the software is

Page 41 of 74
and remains secure from vulnerabilities.

8 The solution should be compliant with all the latest Mandatory


guidelines of the regulatory authorities. During the
contract period, a successful bidder needs to make
necessary changes in the solution to meet regulatory
requirement changes.

9 Successful bidder will provide the training to 5 batches of Mandatory


National Insurance Company’s official on train the trainer
model for all proposed features and functionalities with
each containing minimum 25 officials. Such training shall
be before the Go-Live. After Go-Live, selected bidder
shall provide training to users within 3 days of release of
any functionality related upgrade of supplied KYC
software application. The selected bidder shall also
provide the necessary process related notes of such
functionality related upgrades. Bidder shall share the
training documents after the training is conducted

10 NICL’s environment should not be shared with other Mandatory


clients.
The Application Data should remain completely isolated
and exclusive from other clients data

11 To share what compartmentalization techniques are Mandatory


employed to isolate NICL data from other customer’s data
(wherever Applicable in Cloud/Hybrid)

12 The solution should be made available on dedicated Mandatory


cloud. Bidder should have capability to deploy the
solution On Bidder’s Cloud/ NICL Cloud/hybrid model.
It is NICL’s discretion to host the services for business
continuity or security purposes.

13 The solution should be available on High availability at Mandatory


DC and DR

14 The Solution should have proper Business Continuity Mandatory


Plan. As part of BCP, the solution should have Data
Centre & Disaster Recovery Centre in different seismic
zone and both should hosted in India.

15 The bidder will provide customization of UI interface as Mandatory


per NICL’s requirements.

Page 42 of 74
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.

17 The bidder must have built-in centralized access-logs at Mandatory


individual level as well as at application resources level
for security compliance purposes.

18 The bidder shall write detailed system requirement Mandatory


specifications in order to meet the business
requirement and obtain sign-off.

19 The bidder shall provide Architectural document, TDD Mandatory


(Technical Design Document), HLD (High Level Design)
and LLD (Low Level Design).

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.

21 The bidder shall do the performance testing of the Mandatory


Application.

22 Service provider shall utilize standard frameworks Mandatory


implementing best practices for multi-platform
development with single codebase.

23 The bidder should be able to provide support for Mandatory


Customization in the beginning and from time to time,
Support for Troubleshooting of issues, Support for our
Audit requirements.

Page 43 of 74
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.

25 The solution architecture should allow it to quickly scale


up in case volume surges up. Any limitation to future Mandatory
scalability should be mentioned in the response.

26 The solution should be responsive in nature and should Mandatory


support all mobile/devices/form factors, browsers and
operating systems (Mac, Linux, Windows, Android, iOS
etc.).

27 The solution should have a proper ticketing-based support Desired


mechanism.

28 The solution should be highly scalable and capable of Mandatory


delivering high performance as & when transaction
volumes / users increases without compromising on the
response time.

29 The system should capable of matching records through Mandatory


fuzzy logics to arrive at strict and loose matches.

30 If required, the solution should be capable to Integrate Mandatory


with E-Nach and BBPS.

31 If required, the solution should be able to support and Mandatory


offer Video Based KYC in future.

Page 44 of 74
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.

33 The data should be stored encrypted in transit and storage. Mandatory


34 KYC verification workflow should be customizable as per Mandatory
NICL’s requirement.

35 Solution should have the ability to accept files which can Mandatory
be uploaded by the customer in reference to complete the
KYC.

36 The bidder shall offer a ready to integrate platform which Desired


can be used to design and deploy KYC workflows as per
NICL’s requirements.

37 The platform shall support integration over APIs and Mandatory


SDKs and enable customer KYC in various scenarios like
direct portal, agent portal, insurance partners, and sending
a link to the customer for completing KYC.

38 The bidder shall provide a dashboard for review of the Mandatory


customers’ KYC applications.

39 The Solution should provide a Back end Interface where Mandatory


Customer applications can be Displayed and filtered
based on the Risk Score.

40 The Solution Should support Business Rule Engine that Mandatory


can help in automated decision making.

41 The solution must have a comprehensive audit trail of all Mandatory


activities done on the platform and their associated
results.

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.

43 The Bidder should Provide workflow for maker-checker Mandatory


implementation.

44 The Solution should have the capability to support multi- Mandatory


channel ecosystem for Distributors and DSAs (Direct Selling
Agent).

Page 45 of 74
45 The System should be capable of showing all applications Mandatory
through Distributors and DSAs on a single interface.

46 Develop any custom MIS report as per the Mandatory


requirement of our Bank with various filters.

47 The software should have real-time analytics of various


metrics such as: Mandatory
Rejections
Acceptance
Pending

48 The system should provide a console to view summary &


detailed reports / MIS of messages or notification sent / Mandatory
received.

49 The reports thus generated in the portal should be Mandatory


downloadable / exportable.

50 Reports need to be customizable as per NICL’s requirement. Mandatory

51 The bidder shall provide an approach for performing KYC in Desired


a bulk form.

52 Support for the solution should be dedicated. Desired

53 The bidder shall provider post production support in Desired


coordination with our System Integrator and manage Change
Requests with defects not more than 1% in production.

54 The platform should be able to capture live selfies of the Desired


individual (called liveness test – to verify it is the same
person as provided photo ID and an actual person that is
conducting the test) and identity documents. The platform
also should be able to determine in real time whether there is
an identity document present, detect glare and ensure photo
is not blurred. It also should ensure a great input capture and
minimum drop-off. It can easily customize the final data
output in any format for storage, pushing to back office or
any other system being used by the organization. It should
have higher percentage of acceptance in first upload attempt.

55 The platform should be able to detect (i) fake documents, Desired


(ii) identify theft, (iii) spoofing e.g. different face used
from the photo ID or vice versa, (iv) Physical presence of
document (e.g. capture from screen or screenshot to be
Page 46 of 74
detected, colour photocopy to be detected) conducting
real time facial similarity test: The platform should be able
to perform facial match of the captured selfie with the
picture present on the document. (V) Age validation,
Facial recognition, Visual authenticity, Image integrity,
identifying compromised documents. (VI) Solution
should guard against Impersonation Risk. (VII) Solution
should be able to Detect & Deter one individual trying to
onboard multiple times with same or different documents.

56 For ongoing Support for Customization and Desired


Troubleshooting & Audit requirements, the selected bidder
should be able to provide: i) support for Customization in the
beginning and from time to time. ii) Support for
Troubleshooting of issues. iii) Support for our Audit
requirements.

57 The Solution should be capable of Integrating with NICL’s Mandatory


System for Transferring the application Data along with the
results of Checks and Verifications performed during the
KYC process.

Page 47 of 74
SECTION - V

Contents of Particulars of
Technical Bid

National Insurance Company Limited


Head Office
3, Middleton Street, Kolkata 700 071
Phone Nos.: 2283-1728/39, Fax No.: 2283-1

Page 48 of 74
1. Technical Details

Technical Bid

The bidder should mark (Y/N) in the table below based on functionality available in the solution.

Features Availability (Yes/No)

PAN Verification

CKYC Search

CKYC Download

CKYC Upload/Generation of CKYC Number


from CERSAI
Officially Valid Documents (OVD) (Upload
and Extraction)
1. Voter ID
2. Passport
3. Driving License
4. PAN Card
5. Aadhaar Card
OVD Upload only –
1.Job Card from MNREGA
2.Driving License
3.Vehicle Registration
Detailed CIN Search

Detailed GSTIN Search

Aadhaar masking of Aadhaar Card

AML/Negative screening checks from the


Authorised regulators defined by IRDA(Anti-
Money Laundering/Counter Financing of
Terrorism (AML/CFT)

Passing responses as JSON

Page 49 of 74
Passing responses as PDF

UI/UX for displaying KYC response on the


frontend

Whether the solution proposed have feature of


OCR (Optical Character Recognition) and
Text Match API?
Portal to get usage detail/reports on how many
entities/Individuals verified for reconciliation
purposes

Whether the solution proposed is “high


performing?”

Whether the solution proposed is “Scalable”?

Whether the bidder will follow Information


Security Best Practices.

Whether The Bidder would be able to meet all


statutory or regulatory requirements as
mandated by authorities from time to time like
IRDAI Cyber security guidelines

Is a detailed architecture diagram attached?

Is the Hardware/Software specification


attached?

Is the Document Upload and Verification


feature available?
Is the platform able to capture live selfies of
individual (called liveness test – to verify it is
the same person as the provided photo ID) and
identify?

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.

Signature of the person:

(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 51 of 74
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.

Signature of the person:

(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

National Insurance Company Limited


Head Office
3, Middleton Street, Kolkata 700 071
Phone Nos.: 2283-1728/39, Fax No.: 2283-1740

Page 53 of 74
1. Commercial Bid

A. One time cost

Particulars Total amount including GST

Setup Cost
Development, Customization Integration Cost

TOTAL ONE TIME 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

Particulars Year Total amount including GST

Annual Registration Fee 1st Year


2nd Year
3rd Year
Annual Maintenance Cost 1st Year
2nd Year
3rd Year
Support Charges 1st Year
2nd Year
3rd Year
TOTAL ANNUAL COST for
3 Years

Page 54 of 74
C. Recurring Cost

APIs Description Price per Quantity Total


API hit (In Amount
INR)
CKYC Search To get 14 digit CKYC No from
CERSAI using officially valid
documents.
CKYC Download To download 14 digit CKYC
No along with full customer
details from CERSAI.
Digilocker To verify KYC download
customer documents from
Digilocker.
PAN Verification To verify PAN Card details
with corresponding database
(NSDL).
Aadhaar Extraction Aadhaar Card Text Extraction
+ Quality Checks
(Price include extraction of
both sides where applicable).

Passport Extraction Passport Text Extraction +


Quality Checks
(Price include extraction of
both sides where applicable).
Passport Verification To verify Passport details with Approx.
corresponding database. 4,50,00,000
Voter ID Extraction Voter ID Text Extraction + Transaction
Quality Checks
(Price include extraction of
both sides where applicable).
Voter ID Verification To verify Voter ID details with
corresponding database.
Driving License Driving license Text Extraction
Extraction + Quality Checks
(Price include extraction of
both sides where applicable).
Driving License To verify Driving License
Verification details with corresponding
database.
Vehicle Registration To get the entire details of
Search Vehicle Registration with
corresponding database.
Page 55 of 74
Detailed CIN Search To get the business
information from CIN.
Detailed GSTIN To get the details of entity on
Search which GSTIN is registered.
CKYC Upload/Update To upload/update new
generation of CKYC No from
CERSAI.
Text Match To match text between KYC
document with Policy Proposal
details.
Face Match To match two faces.

Liveness / Selfie Checking Liveness + Face


Capture Quality Check.

TOTAL 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

Particulars Total amount including GST

User interface Chargeable customization cost


TOTAL 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

The L1 price would be decided on the basis of ‘Total C o s t ’ as given above.


Page 56 of 74
2. Terms and Conditions

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.

Signature of Witness Signature of Bidder

Date : Date :

Place: Place:

Seal :

Page 57 of 74
SECTION - VII

Format of Contract &


Format of Performance Bank
Guarantee

National Insurance Company Limited


Head Office
3, Middleton Street, Kolkata 700 071
Phone Nos.: 2283-1728/39, Fax No: 2283-1740

Page 58 of 74
7.1 Format of Contract

FORMAT FOR CONTRACT BETWEEN BIDDER AND NATIONAL INSURANCE


COMPANY LIMITED (NICL)

THIS Memorandum of Understanding/Agreement is made on this day of


, 2013 BETWEEN M/s. and carrying on business at
(hereinafter referred to as “BIDDER” and shall i n c l u d e
its heirs, successors or permitted assigns) of the First Part and NATIONAL INSURANCE
COMPANY LIMITED, a Company registered under the Companies Act, 1956 having its
registered Head Office at 3, Middleton Street, Calcutta – 700 071 (hereinafter referred to as
“PURCHASER” and shall include its heirs, successors or permitted assigns) of the Second Part.

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:

Page 59 of 74
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.

3. The KYC services:


The Bidder will sell and deliver specified KYC services to the Purchaser at the locations as
specified in the Purchase Order. Such KYC services will include inter alia, the following

(Please mention here the specifications offered and accepted)

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:

To be incorporated as per RFP

6. Delivery and Installation:

To be incorporated as per RFP

7. Pre-Shipment Inspection:

To be incorporated as per RFP

8. Transportation and Insurance:

To be incorporated as per RFP

9. Scope of Work:

To be incorporated as per RFP

Page 60 of 74
10. Terms of Payment:

To be incorporated as per RFP

11. Copyright Violation and Patent Rights:

To be incorporated as per RFP

12. Income/Corporate Taxes:

(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.

13. Taxes and Duties:

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.

14. Change of Purchase Order:

To be incorporated as per RFP

15. Contract Amendment:

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.

Page 61 of 74
16. Sub-Contract:

To be incorporated as per RFP

17. Delays in the Bidder Performance:

To be incorporated as per RFP

18. Termination for Defaults:

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:

The guarantee shall cover the following:

a) Quality, strength and performance of the materials and equipment’s used.

b) Safe electrical and mechanical stresses, on all parts of the equipment under all specified
conditions of operation.

c) Prompt service during maintenance period for repairs and breakdown.

20. Annual Maintenance Contract (AMC):

To be incorporated as per RFP

21. Satisfactory Complimentary Performance:

To be incorporated as per RFP

22. Governing Language:

To be incorporated as per RFP

23. Applicable law:

The contract shall be interpreted in accordance with the Indian laws under Kolkata High Court
Jurisdiction.

Page 62 of 74
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.

25. Force De Majeure:

To be incorporated as per RFP

26. Termination on Insolvency:

To be incorporated as per RFP

27. Termination for Convenience:

To be incorporated as per RFP

28. Liquidated Damages:

To be incorporated as per RFP

29. Obligation:

To be incorporated as per RFP

30. Resolution of Disputes:

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.

Page 63 of 74
31. Notices:

To be incorporated as per RFP

32. Limitation of Liability

To be incorporated as per RFP

IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month
and year first above written.

SIGNED SEALED AND DELIVERED FOR (Bidder)

By the hands of Shri/Smt.

In presence of Shri/Smt.

SIGNED SEALED AND DELIVERED FOR NICL

By the hands 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

PROFORMA BANK GUARANTEE FOR PAYMENT (TO BE SUBMITTED IN NON-


JUDICIAL STAMP PAPER OF APPROPRIATE VALUE PURCHASED IN THE NAME OF
THE ISSUING BANK)

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
…………………………………

DO HEREBY COVENANT AND AGREE AS FOLLOWS:


1. We, ……………………………………… Bank Ltd. having our office located at
………………………… do hereby undertake to indemnify National Insurance Company
Limited or their heirs, successors or permitted assigns (hereinafter referred to as NICL) and
keep indemnified to the extent of the sum of ` ………………… (Rupees
………………………………………) from and against all losses and damages that may be
caused to NICL in relation to the payment to be made by NICL to the Bidder as aforesaid by
reason of any default or defaults on the part of the Bidder in the due supply of plant /
machinery / equipment / spares / services for carrying out any work or discharging bidder’s
obligation as per the said contract in the observance and performance of any of the terms
and conditions relating thereto in accordance with the true intent and meaning thereof and in
the event of any default or defaults on the part of the Bidder as aforesaid we shall forthwith
on demand and without demur pay to NICL any sum not exceeding in the total the said sum
of
` …………….. (Rupees ………………………………..) as may be claimed by NICL to be
due from the Bidder by way of refund of such payment or any portion or otherwise as
NICL’s losses and / or damages, costs charges or expenses incurred by reason of such default
or defaults on the part of the Bidder as aforesaid.
2. Notwithstanding anything to the contrary, NICL’s decision as to whether the Bidder has
made any such default or defaults and the amount or amounts to which NICL is entitled
by reasons thereof will be binding on us and we shall not be entitled to ask NICL to
establish their claim or claims under this guarantee, but will pay the same forthwith on NICL’s
demand without any protest or demur.

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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.

SIGNED AND DELIVERED ON THE DAY OF ……………… FOR & ON


BEHALF OF THE ………………………………………..BANK LTD.

FOR & ON BEHALF OF

(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.

SIGNED AND DELIVERED ON THE DAY OF ……………… FOR & ON


BEHALF OF THE ………………………………………..BANK LTD.

FOR & ON BEHALF OF

(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

National Insurance Company Limited (NICL) hereinafter referred to as “PURCHASER”


(which expression, unless repugnant to the context thereof, shall mean and include its legal
representatives, heirs and assigns)
AND
………………………………………………… hereinafter refer to us “The Bidder/Contractor”
(which expression, unless repugnant to the context thereof, shall mean and include its legal
representatives, heirs and assigns)

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.

Section 1 – Commitments of the PURCHASER

(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.

Section 2 – Commitments of the Bidder(s) / Contractor(s)

(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.

Section 4: Compensation for Damages

(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.

Section 5: Previous transgression

(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.

Section 6: Independent External Monitor / Monitors

(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 details of Independent External Monitor for PURCHASER is as under:

1. Shri Raghunath Prasad Tripathi.


Address: E8/31, Basant Kunj, Arera Colony, Bhopal, MP - 462039
e-mail id: [email protected]

2. Shri Aditya Kumar Mittal.


Address: Flat C-2/10(3102), Vanashree CHS, Plot 1 & 2, Sector 58A, Palm Beach Road, Near
Seawood Estates, Nerul (west), Navi Mumbai - 400706.
e-mail id: [email protected]

Section 7: Criminal charges against violating Bidder(s) / Contractor(s) /Subcontractor(s)

If the PURCHASER obtains knowledge of conduct of a Bidder/Contractor or any employee or a


representative or and associate or a Bidder/Contractor, which constitutes a criminal offence under
the IPC/PC Act, or if the PURCHASER has substantive suspicion in this regard, the
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PURCHASER will forthwith inform the same to the Chief Vigilance Officer, NICL.

Section 8: Duration of the Integrity Pact

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.

Section 9: Other Provisions

(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) ___________________________
___________________________

Self-Declaration (To be signed on Bidder’s Company Letter-Head)

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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.

(Signed & Stamped from Bidder)

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