Professional Documents
Culture Documents
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Request for Proposal (RFP) for Delivery and implementation of Software relating to Loan
Management and General Ledger accounting including hosting of the entire suite on the
cloud using SaaS approach for Micro Units Development and Refinance Agency Limited,
hereinafter referred to as MUDRA.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Table of Contents
1. CRITICAL INFORMATION /मह पूण सूचना........................................................................................................ 5
2. DEFINITIONS .......................................................................................................................................................... 6
3. ABBREVIATIONS ................................................................................................................................................... 8
4. INTRODUCTION AND DISCLAIMERS .............................................................................................................. 9
4.2 INFORMATION PROVIDED .................................................................................................................................... 9
4.3 DISCLAIMER ........................................................................................................................................................ 9
4.4 COSTS TO BE BORNE BY RESPONDENTS ............................................................................................................. 10
4.5 NO LEGAL RELATIONSHIP ................................................................................................................................. 10
4.6 RESPONDENTS OBLIGATION TO INFORM ITSELF ................................................................................................ 10
4.7 EVALUATION OF OFFERS ................................................................................................................................... 10
4.8 ACCEPTANCE OF SELECTION PROCESS .............................................................................................................. 10
4.9 ERRORS AND OMISSIONS ................................................................................................................................... 10
4.10 ACCEPTANCE OF TERMS .................................................................................................................................... 10
4.11 REQUESTS FOR PROPOSAL ................................................................................................................................. 10
4.12 NOTIFICATION ................................................................................................................................................... 11
5 RFP RESPONSE .................................................................................................................................................... 12
5.1 APPLICATION MONEY ........................................................................................................................................ 12
5.2 PUBLIC PROCUREMENT POLICY FOR MSES ....................................................................................................... 12
5.3 EARNEST MONEY DEPOSIT (EMD) .................................................................................................................... 12
5.4 RFP CLOSING DATE ............................................................................................................................................ 12
5.5 RFP VALIDITY PERIOD ...................................................................................................................................... 12
5.6 LATE RFP POLICY ............................................................................................................................................. 12
5.7 RECEIVING OF RFP RESPONSE ........................................................................................................................... 12
5.8 REQUESTS FOR INFORMATION BY BIDDERS ........................................................................................................ 13
5.9 PRE-BID MEETING ............................................................................................................................................. 13
5.10 DISQUALIFICATION ............................................................................................................................................ 13
5.11 SELECTION PROCESS .......................................................................................................................................... 13
5.12 DETAILS OF BIDS TO BE SUBMITTED .................................................................................................................. 14
5.13 PRE-CONTRACT INTEGRITY PACT (IP) ............................................................................................................... 15
5.14 IMPORTANT POINTS ........................................................................................................................................... 15
6 BACKGROUND TO THE PROJECT ................................................................................................................. 16
6.1 INTRODUCTION .................................................................................................................................................. 16
6.2 BUSINESS SCOPE................................................................................................................................................ 16
6.2.1 BUSINESS PROCESSES AND WORK FLOW ....................................................................................................... 16
6.2.2 LOAN MANAGEMENT .................................................................................................................................... 16
6.2.3 ACCOUNTING REQUIREMENTS AT MUDRA .................................................................................................. 19
7 SCOPE OF WORK ............................................................................................................................................... 22
7.1 THE BUSINESS SOLUTIONS ................................................................................................................................ 22
7.2 DC AND DR SITE HOSTING INFRASTRUCTURE AND TECHNICAL REQUIREMENTS .............................................. 23
7.3 HOSTING INFRASTRUCTURE TECHNICAL REQUIREMENTS ................................................................................. 25
7.4 INITIAL CONFIGURATION FOR CLOUD INFRASTRUCTURE................................................................................... 25
7.5 PERFORMANCE CRITERIA .................................................................................................................................. 26
7.6 CHANGE MANAGEMENT .................................................................................................................................... 28
7.7 TRANSITION MANAGEMENT .............................................................................................................................. 29
7.8 PROJECT DURATION .......................................................................................................................................... 30
7.9 PROJECT GOVERNANCE AND MANAGEMENT ..................................................................................................... 30
7.10 IT ASSETS AND INTELLECTUAL PROPERTY (IP) OWNERSHIP .............................................................................. 30
7.11 PROJECT MILESTONES, DELIVERABLES AND TIMELINE ..................................................................................... 31
7.13 RESOURCE DEPLOYMENT .................................................................................................................................. 32
7.14 OTHER CONDITIONS .......................................................................................................................................... 32
7.15 ADHERENCE TO STANDARDS ............................................................................................................................. 32
7.16 MUDRA’S RESPONSIBILITY.............................................................................................................................. 33
8. MINIMUM ELIGIBILITY CRITERIA ................................................................................................................... 34
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
9 BID EVALUATION METHODOLOGY .................................................................................................................. 37
9.1. OBJECTIVE ......................................................................................................................................................... 37
9.2. EVALUATION PROCESS....................................................................................................................................... 37
9.3. EVALUATION OF MINIMUM ELIGIBILITY CRITERIA ............................................................................................ 37
9.4. EVALUATION OF TECHNICAL BIDS .................................................................................................................... 37
9.5. EVALUATION OF COMMERCIAL BIDS ................................................................................................................. 39
9.6. FINAL SELECTION OF THE ELIGIBLE BIDDER ..................................................................................................... 40
10. TERMS AND CONDITIONS ............................................................................................................................ 41
10.1. GENERAL ....................................................................................................................................................... 41
10.2. CLARIFICATION OF BIDS ................................................................................................................................ 41
10.3. AMENDMENT TO THE BIDDING DOCUMENT .................................................................................................... 41
10.4. LANGUAGE OF BID ........................................................................................................................................ 41
10.5. COMMERCIAL BID ......................................................................................................................................... 42
10.6. EARNEST MONEY DEPOSIT (EMD) ................................................................................................................ 42
10.7. PERIOD OF VALIDITY OF BIDS ....................................................................................................................... 43
10.8. DEADLINE FOR SUBMISSION OF BIDS ............................................................................................................. 43
10.9. LATE BIDS ..................................................................................................................................................... 43
10.10. MODIFICATION AND/ OR WITHDRAWAL OF BIDS ........................................................................................... 43
10.11. OPENING OF TECHNICAL BIDS BY MUDRA .................................................................................................. 43
10.12. CLARIFICATION ON BIDS ................................................................................................................................ 44
10.13. PRELIMINARY EXAMINATIONS ...................................................................................................................... 44
10.14. BID EVALUATION .......................................................................................................................................... 44
10.15. ARITHMETIC ERRORS CORRECTION ................................................................................................................ 45
10.16. NO COMMITMENT TO ACCEPT LOWEST OR ANY OFFER ................................................................................ 45
10.17. CONDITIONAL BIDS ....................................................................................................................................... 45
10.18. CONTACTING MUDRA ................................................................................................................................. 45
10.19. AWARD OF CONTRACT .................................................................................................................................. 45
10.20. EXECUTION OF AGREEMENT AND NDA ......................................................................................................... 46
10.21. OWNERSHIP OF DELIVERED PRODUCT / SERVICES ......................................................................................... 46
10.22. CORRUPT AND FRAUDULENT PRACTICE ......................................................................................................... 46
10.23. USE OF CONTRACT DOCUMENTS AND INFORMATION .................................................................................... 46
10.24. SUBCONTRACTS ............................................................................................................................................. 46
10.25. EXPENSES ...................................................................................................................................................... 47
10.26. TERMS OF PAYMENT ...................................................................................................................................... 47
10.27. APPLICABLE LAWS ......................................................................................................................................... 48
10.28. TAXES AND DUTIES ....................................................................................................................................... 49
10.29. PERFORMANCE BANK GUARANTEE (PBG) .................................................................................................... 49
10.30. FORFEITURE OF PERFORMANCE SECURITY ..................................................................................................... 50
10.31. TERMINATION OF CONTRACT ........................................................................................................................ 50
10.32. PAYMENT IN CASE OF TERMINATION OF ASSIGNMENT ................................................................................... 50
10.33. PENALTY FOR DEFAULT IN SERVICES ............................................................................................................ 50
10.34. NO EMPLOYER-EMPLOYEE RELATIONSHIP .................................................................................................... 51
10.35. FORCE MAJEURE ........................................................................................................................................... 51
10.36. RESOLUTION OF DISPUTES ............................................................................................................................. 51
10.37. IPR INFRINGEMENT ....................................................................................................................................... 52
10.38. INDEMNITY .................................................................................................................................................... 52
10.39. LIMITATION OF LIABILITIES ........................................................................................................................... 53
10.40. RIGHTS TO VISIT ............................................................................................................................................ 53
10.41. AUDIT ............................................................................................................................................................ 53
10.42. GRIEVANCES REDRESSAL MECHANISM ......................................................................................................... 54
10.43. MISCELLANEOUS ........................................................................................................................................... 54
10.44 CONFIDENTIALITY ......................................................................................................................................... 54
10.45 DATA OWNERSHIP ......................................................................................................................................... 55
10.46 GOVERNING LAW AND JURISDICTION ............................................................................................................ 55
10.47 THIRD PARTY RIGHTS.................................................................................................................................... 55
10.48 REPRESENTATION AND WARRANTIES ............................................................................................................ 55
11 ANNEXURES ..................................................................................................................................................... 57
11.1 ANNEXURE-I BID COVERING LETTER ............................................................................................................ 57
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
11.2 ANNEXURE-II MINIMUM ELIGIBILITY BID ..................................................................................................... 58
11.3 ANNEXURE-III TECHNICAL BID ..................................................................................................................... 61
11.4 FORM 1:COVERING LETTER FORMAT AND PROFILE OF FIRMS ....................................................................... 61
11.5 FORM 2: SYSTEM AND FUNCTIONAL REQUIREMENTS .................................................................................... 64
11.6 FORM 3: BIDDER’S CAPABILITY IN SYSTEM INTEGRATION ............................................................................ 64
11.7 FORM 4: BIDDER’S CLOUD SERVICES OFFER COMPLIANCE ............................................................................. 65
11.8 FORM 5: REFERENCE SITE DETAILS (GIVE BOTH FOR SAAS/ CLOUD AND SOFTWARE) .................................. 65
11.9 FORM 6: IMPLEMENTATION APPROACH DOCUMENT AND PROCESS. ............................................................... 66
11.10 ANNEXURE –IV: DECLARATION REGARDING CLEAN TRACK RECORD ........................................................ 66
11.11 ANNEXURE –V: LETTER OF COMPETENCE ................................................................................................... 67
11.12 ANNEXURE –VI: POWER OF ATTORNEY ....................................................................................................... 68
11.13 ANNEXURE –VII: LETTER OF CONFORMITY ................................................................................................. 69
11.14 ANNEXURE –VIII: EMD / BID SECURITY FORM........................................................................................... 70
11.15 ANNEXURE –IX: NON-DISCLOSURE AGREEMENT ........................................................................................ 72
11.16 ANNEXURE – X: BANK MANDATE FORM ..................................................................................................... 73
11.17 ANNEXURE – XI: STATEMENT OF DEVIATIONS ............................................................................................ 75
11.18 ANNEXURE – XII: COMMERCIAL BID ........................................................................................................... 76
11.19 ANNEXURE – XIII: PERFORMANCE BANK GUARANTEE ............................................................................... 77
11.20 ANNEXURE-XIV: INTEGRITY PACT .............................................................................................................. 80
11.21 ANNEXURE XV: PROPOSED TEAM PROFILE ................................................................................................... 86
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 5 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
2. Definitions
In this Document as well as the Contract to be executed following selection of the successful bidder,
the under noted terms shall be interpreted as indicated hereunder. Whether these terms, any or all,
appear in this document either as under or are written in capital letters or in small letters, shall mean
as envisaged hereunder only.
“Acceptance” means the Purchaser’s written certification that following installation, the systems (or
a specific part thereof) have been tested and verified as complete and/or fully operational, in
accordance with the Acceptance tests defined in the Contract and Project Plan.
“Application Software” means business or technical Software, either packaged or custom-
developed using Standard Software, formulated to interface with the users of the data processing
system.
“AS-IS” Document means a self-contained system requirement specification prepared by the
successful vendor for of the application to be delivered.
“Custom Software” means either Standard or Application Software developed by the Supplier under
the Contract, including customisations made to packaged Software “Contract” means the
agreement entered into between the Purchaser and the Supplier, as recorded in the Contract Form
signed by the parties, including all attachments and appendices thereto and all documents
incorporated by reference therein. Various references such as “Purchase Agreement”, “Purchase
Contract”, “Works Contract”, etc. also refer to “the Contract”
“Contract Price” means the price payable to the Supplier under the Contract for the full and proper
performance of all its contractual obligations.
“Day” means calendar day of the Bank.
“Effective Date” means scheduled installation dates for the Systems, as specified in the purchase
contract.
“FRSM” means Functional Requirements Specification Manual (FRSM) relating to the functionalities
as required to support the various products and services offered / to be offered by MUDRA in the
near future.
“Full Implementation” or “Complete Roll-out” means implementation of the application System
after user acceptance test and the Pilots.
“Implementation Period” means the period starting from the Pilot installation to the conclusion of
Implementation at the sites specified in the Functional and Technical Requirements.
“Installation” means the Supplier’s written notification indicating that the Systems (or a specific part
thereof) have been installed by the Supplier in accordance with Contract requirements and the
Project Plan, and are ready for Acceptance testing.
“Intellectual Property Rights” means any and all copyright, moral rights, trademark, patent, and
other intellectual and proprietary rights, title and interests, world-wide, whether vested, contingent or
future, including without limitation all economic rights and all exclusive rights to reproduce, fix, adapt,
modify, translate, create derivative works from, manufacture, introduce into circulation, publish,
distribute, sell, license, sublicense, transfer, rent, lease, transmit or provide access electronically,
broadcast, display, enter into computer memory, or otherwise use any portion or copy, in whole or
in part, in any form, directly or indirectly, or to authorise or assign others to do so.
“Maintenance Period” is the number of years specified in the RfP for annual maintenance of
application and annual technical support for software in respect of all software provided under the
Purchase Contract, as measured from the expiration of the Warranty Period, and is used for
evaluating the bids
“MUDRA” means Micro Units Development and Refinance Agency Limited.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
“Pilot” means the testing of the Systems as decided by the Purchaser, with real data before
Acceptance of the System.
“Purchaser” means “Micro Units Development & Refinance Agency Limited”, or “MUDRA” or “the
Purchaser” and in the present documents, means, MUDRA, Mumbai.
“Products” means all of the Software and other services that the Supplier is required to install or
provide under the Contract, plus the associated documentation.
“Similar product” means loan management software and GL either singly or as an integrated
product.
“Similar Assignment” or Assignments of Similar Nature means implementation of loan
management software and GL either singly or as an integrated product in Commercial
Banks/RRBs/Cooperative Banks/ NBFCs/ SFBs in India.
“Supplier” means organisation in whose name the RfP has been issued. It also refers to “the
System Integrator”, “the Bidder” or “the Vendor”, or “the Tenderer”.
“Services” means those services associated with the supply, installation and maintenance of the
Systems, as defined in the Contract.
“Software” means instructions that cause data processing systems to perform in a specific manner
or execute specific operations.
“Standard Software” means system and general-purpose Software. System Software includes the
operating system, communications system and network management and utility software. General
purpose Software includes word processing, spreadsheet and generic database management and
application development software.
“Source Code” means the database structures, dictionaries, definitions, program source files,
dependent libraries and any other representations necessary for the compilation, execution and
subsequent maintenance of the Custom and/or Application Software.
“Supplier’s Representative” means the duly authorised representative of the Supplier, approved
by the Purchaser to manage and be responsible for the Supplier’s performance under the Contract.
“TCC” means the Terms and Conditions of Contract contained in this section;
“The Bidder” or “the Vendor” means the individual or firm supplying or intending to supply the
application software and associated services under this Contract; and
“The Contract Price” means the price payable to the Bidder under the Contract for the full and
proper performance of its contractual obligations;
“The Project Site” means office premises of Micro Units Development and Refinance Agency
Limited (MUDRA), Mumbai as appearing in this document, published in MUDRA’s website or as may
be intimated from time to time.
“The System,” means Software Solution proposed covering the areas outlined in the RFP, viz. Loan
Management and General Ledger accounting. It also refers to “the Solution”.
“TO-BE” Document means a self-contained document prepared by the successful vendor giving
details of application system that will be implemented, based on the “AS-IS” document and which
will form the basis for developing ‘the System’
“Warranty Period” is the period specified in the Purchase contract, following Acceptance of the
Systems, during which the Supplier’s Warranty obligations in respect of the Systems are in force.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
3. Abbreviations
Acronym Description
BG Bank Guarantee
BFSI Banking, Financial Services and Insurance
CPPP Central Public Procurement Portal
EMD Earnest Money Deposit
MUDRA Micro Units Development and Refinance Agency Limited
PBG Performance Bank Guarantee
PDC Primary Data Centre
RFP Request for Proposal
FRSM Functional Requirements Specification Manual
SaaS Software as a Service
TCO Total Cost of Ownership
TCC Terms and Conditions of Contract
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
4.3 Disclaimer
Subject to any law to the contrary, and to the maximum extent permitted by law, MUDRA and its
directors, officers, employees, contractors, representatives, agents, and advisers disclaim all liability
from any loss, claim, expense (including, without limitation, any legal fees, costs, charges, demands,
actions, liabilities, expenses or disbursements incurred therein or incidental thereto) or damage,
(whether foreseeable or not) (“information (whether oral or written and whether express or
implied),including forecasts, statements, estimates, or projections contained in this RfP document or
conduct ancillary to it whether or not the Losses arise in connection with any ignorance, negligence,
inattention, casualness, disregard, omission, default, Losses”) suffered by any person acting on or
refraining from acting because of any presumptions or lack of care, immature information,
falsification or misrepresentation on the part of MUDRA or any of its directors, officers, employees,
contractors, representatives, agents, or advisers.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 10 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
4. If MUDRA, in its absolute discretion, deems that the originator of the question will gain an
advantage by a response to a question, then MUDRA reserves the right to communicate such
response to all Respondents.
5. MUDRA may, in its absolute discretion, engage in discussion with any Respondent (or
simultaneously with more than one Respondent) after the RfP closes to improve or clarify any
response.
4.12 Notification
MUDRA will notify all short-listed Respondents in writing by letter or email as soon as practicable
about the outcome of their RfP. MUDRA is not obliged to provide any reasons for any such
acceptance or rejection.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
5 RfP Response
5.10 Disqualification
Any form of canvassing/ lobbying/ influence/ query regarding short listing, status etc. will result in
disqualification.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
6. Authorized signatory on whose name Power of Attorney is issued must sign all the pages of
the response.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
6.1 Introduction
Micro Units Development and Refinance Agency [MUDRA] Limited
6.2 Micro Units Development and Refinance Agency Limited (MUDRA), was launched as a Financial
Institution on 8th April 2015 by the Hon’ble Prime Minister, for supporting the last mile financial
institutions, banks, Micro-finance Institutions (MFIs), Non-Banking Financial Institutions (NBFCs)
and other lending institutions, which are in the business of lending to micro enterprises, engaged
in manufacturing, trading, services and other income generating activities. MUDRA provides
refinance, Securitization, Credit Guarantee and other development support to these lending
institutions for loans upto ₹10 lakh to expand their outreach and providing support for “funding
the unfunded”. This in turn helps micro businesses across the length and breadth of the country.
MUDRA’s mandate includes developing the micro enterprise into a viable economic sector,
through various developmental interventions, both financial and non-financial, with a view to
enhance the income and employment opportunities in the country. MUDRA has also developed
a portal for monitoring the flow of credit to the MSMEs under Pradhan Mantri Mudra Yojana
(PMMY) which will also enable data analytics and facilitate policy initiatives by the Government
of India.
MUDRA supports Non–Corporate Small Business Segment (NCSBS) comprising of millions of
proprietorship / partnership firms running as small manufacturing units, shopkeepers, fruits /
vegetable vendors, truck operators, food-service units, repair shops, machine operators, small
industries, artisans, food processors and others, in rural and urban areas.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 19 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
KYC data viz. Constitution of borrower, PAN Card of the borrower/entity, Bank a/c
details etc. or any such required documents as per RBI directions.
Execution of Documents
Disbursement
Compliance of predisbursment conditions, if any,
Repayment
Schedule/Reschedulement
Integratio
DA Generation Multiple a/c appropriation n with
(P+I) & (Auto/ manual) , GL,
Mails/SMS to RPA/Sundry SL/GL
borrower; appropriations, Overdues, mismatch
reminder FI/PI calculations & ,
mails/SMSs demand /waiver of FI/PI
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Balance Outstanding
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
7 Scope of Work
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
arranged by them through third party for this purpose). Service Provider would be responsible for
Disaster Recovery Services so as to ensure continuity of operations in the event of failure of primary
data center to meet the RPO and RTO requirements as specified by MUDRA.
The production system should be configured for high availability (in line with the RPO / RTO
standards). The proposed solution should be on multi-tier architecture and the web/app and
database servers/VM should be different.
In addition, the service provider will also be responsible for Cloud Service Provisioning
Requirements, Data Management, Operational Management, Cloud Network Requirement, Cloud
datacenter specifications, Cloud Storage Service Requirements, Application Hosting Security, Cloud
Hosting Security, Application Performance Monitoring (APM), Backup Services, Database Support
Service, and Helpdesk Support from Cloud Service Provider Managed Services,
The bidder will ensure that no liability arises on account of compromised data hosted in the cloud.
MUDRA shall be indemnified from such liabilities. The entire liability of such an incidence will be with
the Bidder.
The requirement for Cloud services is given at Form 4 supplied along with this RfP (part of Annexure
III in technical bid). Bidder is expected to indicate compliance with all the requirements. Failing to
comply any of the requirement may lead to disqualification, and MUDRA’s decision on same will be
final.
Table 7.2.1 Instance Sizing Details and other initial specification for Cloud set up
Sr Description Minimum Specifications
No.
8 vCPU, 32 GB RAM
VM Server Instance 500 GB SAN Storage
1.
Type A (development) MS Windows Server Operating system (latest version) or Unix or
Linux with OEM Support
8 vCPU, 32 GB RAM
VM Server Instance 500 GB SAN Storage
2.
Type B (training) MS Windows Server Operating system (latest version) or Unix or
Linux with OEM Support
8 vCPU, 32 GB RAM
VM Server Instance 500 GB SAN Storage
3.
Type C (testing) MS Windows Server Operating system (latest version) or
Unix or Linux with OEM Support
8 vCPU, 32 GB RAM
VM Server Instance
500 GB SAN Storage
4. Type D (Production
MS Windows Server Operating system (latest version) or Unix or
DC)
Linux with OEM Support
8 vCPU, 32 GB RAM
VM Server Instance
500 GB SAN Storage
5. Type E (Disaster
MS Windows Server Operating system (latest version) or
Recovery DR)
Unix or Linux with OEM Support
UTM with IDS, IPS should be installed to control the access to
6. UTM Firewall
MUDRA instances
7. WAF The application should be protected by WAF
8. Security DDOS attack prevention and mitigation should be provided
10 Mbps with multiple ISPs (in case of DR scenario or DR drills,
9 Internet link at DC the bidder has to manage equivalent internet bandwidth at No
extra cost)
10mbps ILL and secondary 6mbps ILL at MUDRA office to be
Internet at MUDRA provided. Primary and secondary links should be from different
10
office service providers. The office users will also be using internet
through these lines.
11 DC-DR DC-DR should be P2P dedicated link
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 25 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
up-scaled or downscaled in such cases, would be added or reduced to / from the quarterly payments
on pro-rata basis.
Optional Cost: MUDRA has specified a Format C for optional cost which will be added in TCO as
mentioned in the format. However, MUDRA does not guarantee placement of order for any of
optional items in Format C. Also, in case required, MUDRA can place order for single unit or any
other number of unit, irrespective of the quantity mentioned for evaluation purpose.
These SLAs are applicable for all the software developed, customized, integrated by the Bidder
including the SaaS solutions if any.
The Service Provider needs to ensure following compliance level for each of the Service Levels.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Table 7.5.3.3 Compliance Level for SLAs
Severity or Priority Resolution Time Penalty
Level
S0 or P0 Resolution Time <= T (As per ₹ 5,000 for delay of every additional hour
table 7.5.3.1 and 7.5.3.2) from subject to a maximum of 5% of quarterly
the time the complaint / query payment amount.
is reported for resolution by
S1 or P1 ₹ 4,000 for delay of every additional hour
the helpdesk.
subject to a maximum of 5% of quarterly
Note- payment amount.
T refers to quick fix solution
time referred to in 7.5.3.1 and
7.5.3.2
S2 or P2 ₹ 2,500 for delay of every additional hour
subject to a maximum of 5% of quarterly
payment amount.
The penalty against SLAs would be as follows:
Table 7.5.3.4 Penalty for breach of SLAs
Parameter Target Basis Penalty
Application Uptime## >= Per 0.5% breach of target. Per 0.5% breach of
including 99.50% target penalty shall be
Database Server Uptime This will be calculated monthly after the Go- ₹.10,000. Maximum
live of the application. penalty of 5 % of
Application Server quarterly payment
Uptime Uptime (%) =
amount.
Web Server Uptime Business hours application
Storage Uptime available and up in the Penalty will be
Internet Link month X 100 deducted from the
Any other IT component Total business hours in the quarterly payments.
in the Infrastructure month
## application uptime refers to availability of application to end-users. Breach will be measured in
block of 0.5%. If the uptime efficiency arrived as above is less than 99.5% the difference will be
converted to penalty in chunks of 0.5. Any fractional difference less than .5 will be treated as .5 e.g.
if the uptime is 99.3%. 05% breach equivalent penalty ₹.10000 will be levied. If it is 98.1%, 1.5%
breach equivalent of ₹.10000* 3 I.e. ₹.30000 penalties will be levied.
Downtime of services on holidays (national holidays and Sundays) or scheduled downtime will not
be considered for calculation of compliance level and penalty. Quarterly Penalty shall be deducted
from Quarterly payment before making the payments.
In case multiple failures occur the order of reckoning SLA defects or penalties shall be as per table
7.5.3.2 followed by Priority of Severity defects as table 7.5.3.1. Penalty as per 7.5.3.4 relating to
uptime efficiency is reckoned on post-facto basis at the end of the quarter by calculating the uptime
recorded. All such events will be treated as Mutually exclusive. However, the total amount of all
the penalties during a quarter will be capped at 10% of the quarterly payment.
7.6 Change Management
a. MUDRA may request, in writing, about the need for a change in the solution. The bidder shall
evaluate the change request of MUDRA, and if the requested change would, in its reasonable
opinion, involve additional work or time, the bidder shall convey in writing to MUDRA the man-
days effort required for the Change Request. The effort estimate, corresponding billable amount
and planned delivery dates for the change required need to be discussed and mutually agreed
in writing.
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b. The bidder is requested to submit the man-month rate for change management as part of the
commercial bid.
c. A person month will comprise of 22 days to arrive at person-day rate for broken periods less than
a month. The rates are inclusive of all taxes including service tax, out-of-pocket allowance, travel
etc. (Taxes and duties are as per rates applicable on the date of submission of bids). Criticality
and timelines for changes would be mutually decided while providing request for change to the
selected Bidder.
d. The bidder must provide the proposed change management methodology as part of their
technical bid.
Change Request
Sr. Parameter Metric Basis Penalty
No
1. Criticality where T is the timeframe for Weekly ₹ 1000 per week of delay,
of Change – completion of the Change subject to a maximum of 5%
Low request as agreed upon by of amount for change
MUDRA and the
Implementation request.
Agency
2. Criticality where T is the timeframe for Weekly ₹ 3000 per week of delay,
of Change – completion of the Change subject to a maximum of 5%
Medium request as agreed upon by of amount for change
MUDRA and the
Implementation request.
Agency
3. Criticality where T is the timeframe for Weekly ₹ 7000 per week of delay
of Change – completion of the Change subject to a maximum of 5%
High request as agreed upon by of amount for change
MUDRA and the
Implementation request.
Agency
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Note: The above time schedule is the outer limit for implementation. The bidder is expected to
expedite the implementation to the extent possible in mutual consultation with MUDRA.
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7. MUDRA reserves the right to ascertain information from other Banks and institutions to which the
Bidders have rendered their services for execution of similar projects.
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The Bidder should deliver and implement Letter from the company
software which is a product licensed by them or whose product the Bidder
should undertake the responsibility to deliver proposes to deliver and
and implement as a system integrator for which implement (in case the
a suitable letter from the company holding the bidder is a system integrator
license to the product would be necessary. not owning the product)
stating that they are
authorized to do so.
b) The Bidder and the consortium partner, if any, Audited financial
should have sound financial position statements for the financial
(profitable operations / positive net worth) years
in FY 2014-15, FY 2015-16 and FY 2016-17.
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d) The bidder and the consortium partner, if any, Declaration. Letter of
(including pre-merged/ post merged entity) waiver (in case blacklisting
should not be blacklisted or disqualified or has been removed).
barred by any regulatory/Statutory body as on
date of application. In case a company was
blacklisted in the past and same is waived as on
date, it will be accepted.
The Bidder and consortium partner, if any, Audited financial
f) should have average turnover of ₹50 crore in statements for each
FY 2014-15, FY 2015-16 and FY 2016-17. financial year.
In case, a bidder / consortium partner has been
set up as a result of merger / demerger then the
pre-merged /post merged entities put together
should fulfil the above requirement
g) The Bidder or the consortium partner, if any, Successful completion
should have delivered or implemented, in last certificates or Purchase
five years, similar software applications in at orders from the
least 3 Commercial Banks/RRBs/Cooperative Organizations to whom
Banks/ NBFCs/ SFBs in India having a minimum such services were
turnover of ₹500 crore in the financial year in rendered along with
which such assignment was handled. suitable documentary
evidence for verifying the
In case, a bidder / consortium partner has been turnover of such
set up as a result of merger / demerger then the companies / corporations /
pre-merged /post merged entities put together institutions
should fulfil the above requirement
i) The Bidder and the consortium partner, if any, Copies of GST Registration
should have GST Registration Number and PAN and PAN Card
of Income Tax
j) The Bidder shall provide evidence of the Letter providing location of
proposed data center location in India and the the data center with
certification for ISO 27001 photographs. Copy of ISO
27001 certification
k) The software provider / bidder should possess Copy of certification
CMM level 3 certification
l) The proposed solution should have been Work Order / Installation
implemented in at least 3 Commercial completion certificates.
Banks/RRBs/Cooperative Banks/ NBFCs/ SFBs
in India having asset base of ₹500 crore or more
in last five years.
.
The above documents, declarations, information etc., shall be serially numbered and furnished, duly
signed and certified for their correctness by the authorized official(s) of the bidder on their letter
head along with the following declaration.
Declaration:
1. We confirm that we will abide by all the terms and conditions contained in the RfP.
2. We hereby unconditionally accept that MUDRA can at its absolute discretion apply whatever
criteria it deems appropriate, not just limiting to those criteria set out in the RfP, in short listing
of bidders.
3. All the details mentioned by us are true and correct and if MUDRA observes any
misrepresentation of facts on any matter at any stage, MUDRA has the absolute right to
reject the proposal and disqualify us from the selection process.
4. We confirm that this response, for the purpose of short-listing, is valid for a period of twelve
months, from the last date for submission of response to RfP.
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5. We confirm that we have noted the contents of the RfP and have ensured that there is no
deviation in filing our response to the RfP and that MUDRA will have the right to disqualify us
in case of any such deviations.
6. We confirm having complied with all the prescribed eligibility criteria of the RfP.
Place:
Date:
Seal & Signature of the bidder
Note:
1. Only those who fulfil all the eligibility criteria as mentioned in RfP would be short listed for
technical evaluation.
2. Bids shall be furnished along with compliance to minimum eligibility criteria in the above format
and should contain detailed responses to each of the above eligibility criteria along with
documentary proofs as specified above.
***
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9.1. Objective
1. The objective of this evaluation methodology is to facilitate the selection of vendor for
supply of application software and its customization and implementation.
2. The project is based on fixed cost and the selected bidder has to deliver the services as
per scope of the project.
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respective technical parameters would be treated as non-compliant and decision to qualify
the bidder shall be accordingly taken by MUDRA.
3. Technical bids would be evaluated as follows:
Sr
No Technical evaluation Criteria Marks Weightage Score obtained
1 The software product to be delivered by the 50
Bidder and its functionality to address the
requirement of MUDRA (RfP Ann III – Form 2)
shall be evaluated as under:
20% weight to General requirements, 50%
weight to Loan Management and 30% weight
to GL and Accounting
2 The experience of the Bidder in handling the 100 30
software projects of this nature including managing
cloud resources as per (RfP Ann III - Form 3)
3 Feedback from at least three References of 10
existing customers in India where the product has
been implemented (RfP Ann III – Form 5) and field
visit (if undertaken by MUDRA).
4 .Presentation of product before technical 10
committee.
5 Technical Score obtained by bidder (T) T
4. The format for submitting the technical bid should be in the following order (to be adhered
to strictly):
A. Annexure III comprising of following Forms 1 to 6.
a. Bid Form as per Form 1
b. Response to Functional Requirements as per Form 2
c. Response to System Integrator Capability as per Form 3
d. Response to cloud hosting capability as per Form 4
e. Reference Site Details as per Form 5
f. Implementation Approach document and process in form 6
B. Letter of Competence as format prescribed in Annexure V
C. Letter of Conformity as format prescribed in Annexure VII
D. Non-Disclosure Agreement as per Annexure IX
E. Statement of Deviation as per Annexure XI
F. Masked copy of Commercial Bid as per Annexure XII.
G. Team Profile as per Annexure XV
5. The technical bid will be analyzed and evaluated, based on which the Relative Technical
Score (RSTech) assigned to each bid on the basis of parameters mentioned above.
6. Relative Technical Score (RSTech) for each bidder will be calculated as follows based on
above parameters:
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Where:
RSTech = Relative score obtained by the bidder
T = Technical score obtained by bidder
THigh = Highest Technical score secured among the
Bidders
7. Technical Bids receiving a RSTech greater than or equal to a score of 75 (cut-off marks) will
be eligible for consideration in the subsequent round of commercial evaluation.
8. If less than 3 bidders qualify as per above criteria (RSTech >= 75), MUDRA reserves the
right to short list maximum top 3 bidders subject to RSTech >= 70.
Σ C .
(1+ r) n-1
Where:
'C' is the annual amount of each year as given in Format-A.
'r' is Discount Rate which for calculation purpose is taken as 7.15%.
'n' is number of years, i.e. 1 for 1st year, 'n' is 2 for 2nd year, 3 for 3rd year, 4 for
4th year, 5 for 5th year.
B = Development, enhancement and implementation of the portal software for
planned activities defined, inclusive of all taxes (as given in Format-B).
C = Optional cost (as given in Format-C).
TCO = X + B + C
7. Relative Commercial Score (RSCom) for each vendor will be calculated as follows:
RSCom = TCOLow / TCO X 100
Where:
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RSCom = Relative score for Commercial Bid of the vendor
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10.1. General
The Bidders are expected to examine all instructions, forms, terms and specifications in the
bidding documents. Failure to furnish all information required by the bidding documents may
result in the rejection of its bid and will be at the bidder's own risk.
Information provided in this RfP is organized in several sections to bring clarity and help the
reader to understand quickly. However, Bidder must take into consideration each and every
line of this RfP document as a whole while responding. Bidder must get the doubts, if any,
clarified by MUDRA before submitting the responses. The bids submitted should be complete
in all respect meeting all deliverables under the project. It will be sole responsibility of the
selected bidder to deliver each and everything as per the scope of the project during the period
of contract. MUDRA shall not be responsible in case of bidder’s failure to notice any
information, any requirement is underestimated, not understood or any requirement is not
interpreted in right direction during preparation/submitting the response.
Unless expressly overridden by the specific agreement to be entered into between MUDRA
and the successful Bidder, the RfP shall be the governing document for arrangement between
the MUDRA and the Bidders.
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OR
b) The end of the bid validity period, including extended period (if any).
OR
c) After issue of purchase order/ LOI to the successful bidder.
7. Successful Bidder will be refunded the EMD amount only after submission of performance
guarantee by the bidder.
8. EMD shall be forfeited if:
a) Bidder withdraws its bids during the period of bid validity.
b) Bidder makes any statement or encloses any form which turns out to be false/ incorrect
at any time prior to signing of the contract.
c) In case of successful Bidder, if the Bidder fails to sign the contract or fails to furnish
performance guarantee.
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d) Besides forfeiting the EMD, MUDRA may ban the bidder from subsequent bidding for
a period of 3 years.
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4. The Bidder name, presence or absence of requisite EMD and such other details as
MUDRA, at its discretion may consider appropriate will be announced at the time of bid
opening.
5. Bids that are not opened at Bid opening shall not be considered for further evaluation,
irrespective of the circumstances. Withdrawn bids will be returned unopened to the
Bidders.
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10.24. Subcontracts
The successful bidder shall not assign to others, in whole or in part, their obligation to perform
under the contract, except with MUDRA’s prior written consent.
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10.25. Expenses
1. It may be noted that MUDRA will not pay any additional amount separately towards
travelling expenses / boarding expenses / lodging expenses / conveyance expenses / out
of pocket expenses or any other fees /charges.
2. However, the Bidder may factor such expenses within the total project cost towards
travelling, boarding and lodging, if any, to meet the requirement described in the scope of
work.
Acceptance of the Work Order and Copy of work order duly accepted 20% of the amount
signing of contract (items 1 and 2 by authorized signatory, signed of item 2 of Format
of 7.11) agreement and PBG B
completion of study and 10% of the amount
Delivery AS-IS of and TO-BE
Submission of AS-IS and TO-BE of item 2 of Format
document
documents (items 3 and 4 of 7.11) B
Delivery of Test Environment and Letter from cloud provider, Login 10% of the amount
Software Accounting solution for testing access to the test environment of item 2 of Format
modules (items 6 and 7 of 7.11) and facilitation for UAT process B
customization
and deployment 20% of the amount
(including Implementation of Accounting Production environment enabled
of item 2 of Format
installation, solution (item 9 of 7.11) for accounting with migrated data
B
configuration,
customization, 10% of the amount
Delivery of Loan Management Facilitation and support for UAT
testing, of item 2 of Format
System for testing (Item 10 of 7.11) process
acceptance and B
training)
Implementation of loan Production environment for loan 20% of the amount
management system (item 12 of management enabled with of item 2 of Format
7.11) migrated data B
Automatic voucher posting and
Integration of Loan Management Start of production Run and 10% of the amount
System with accounting solution renewal of PBG if required after of item 2 of Format
(item 13 and 15 of 7.11) adjusting the penalty for delay, if B
any.
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Testing, Training
and Parallel Implementation of accounting 20% of the amount
Implementation of Accounting
Implementation solution on primary hosting of item 1 of Format
Solutions (items 8 and 9 of 7.11)
Infrastructure B
Bilingual
100% of the
customization Delivery of Hindi enabled version Software is capable of display and
amount (item 5 of
and of the application (item 15 of 7.11) output in Hindi
Format B)
implementation
End User details Enabling facility for capturing end 100% of the
Software tested and delivered for
and MIS user loan details for refinance amount (item 6 of
use
implementation applications (item 16 of 7.11) Format B)
3. All the payments will be made by MUDRA, Mumbai electronically through RTGS/ NEFT.
Vendor is required to submit Bank Mandate Form (as per Annexure - X) along with
cancelled cheque in original along with the technical bid.
4. The Bidder must accept the payment terms proposed by MUDRA. The financial bid
submitted by the Bidder must be in conformity with the payment terms proposed by the
MUDRA. Any deviation from the proposed payment terms would not be accepted. MUDRA
shall have the right to withhold any payment due to the Bidder, in case of delays or defaults
on the part of the Bidder. Such withholding of payment shall not amount to a default on the
part of MUDRA.
5. TDS, if any, will be deducted while releasing the payment.
6. All Payments will be made to the Bidder in Indian Rupee only.
7. No advance payment will be made in any case.
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resource/ personnel/ representatives/ agents from any failure or omission on its part to do
so and against all claims or demands of liability and all consequences that may occur or
arise for any default or failure on its part to conform or comply with the above and all other
statutory obligations arising there from.
2. Compliance in obtaining approvals/ permissions/ licenses: The Bidder shall promptly
and timely obtain all such consents, permissions, approvals, licenses, etc., as may be
necessary or required for any of the purposes of this project or for the conduct of their
own business under any applicable Law, Government Regulation/Guidelines and shall
keep the same valid and in force during the term of the project, and in the event of any
failure or omission to do so, shall indemnify, keep indemnified, hold harmless, defend,
protect and fully compensate the Bank and its employees/ officers/ resource/ personnel/
representatives/agents from and against all claims or demands of liability and all
consequences that may occur or arise for any default or failure on its part to conform or
comply with the above and all other statutory obligations arising therefrom and the Bank
will give notice of any such claim or demand of liability within reasonable time to the bidder.
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5. Notwithstanding anything to the contrary contained in the contract, MUDRA shall be at
liberty to invoke the Performance Bank Guarantee in addition to other remedies available
to it under the contract / order or otherwise if the Successful Bidder fails to fulfill any of the
terms of contract / order or commits breach of any terms and conditions of the contract.
6. Time shall be the essence of the contract / order; therefore, no extension of time is
anticipated, but if untoward or extraordinary circumstances should arise beyond the control
of the Bidder, which in the opinion of MUDRA should entitle the Bidder to a reasonable
extension of time, such extension may be considered by MUDRA at its sole and absolute
discretion, however such extension shall not operate to relieve the Bidder of any of its
obligations. MUDRA shall not be liable for any extra financial commitment due to such
extension of time. In case of any such extension, the Bidder would be required to extend
the validity period of the performance guarantee accordingly.
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2. Penalty would not be applicable for delay due to reasons attributable to MUDRA and Force
Majeure. However, it is responsibility of the selected bidder to prove that the delay is
attributed to MUDRA or Force Majeure.
3. MUDRA reserves the right to adjust the penalty and Liquidity damages if any against any
amount payable to the bidder or PBG.
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4. Arbitration proceedings shall be held at Mumbai, India, and the language of the arbitration
proceedings and that of all documents and communications between the parties shall be
English.
5. Notwithstanding anything contained above, in case of dispute, claim & legal action arising
out of the contract, the parties shall be subject to the jurisdiction of courts at Mumbai, India
only.
6. Any notice given by one party to the other pursuant to this Contract shall be sent to the
other party in writing or by fax and confirmed in writing to the other party’s specified
address. The same has to be acknowledged by the receiver in writing.
7. A notice shall be effective when delivered or on the notice’s effective date, whichever is
later.
8. No conflict between Bidder and MUDRA will cause cessation of services. Only by mutual
consent the services will be withdrawn.
10.38. Indemnity
1. The Bidder/ successful bidder shall indemnify MUDRA and shall always keep indemnified
and hold MUDRA, its employees, personnel, officers, directors, harmless from and against
any and all losses, liabilities, claims, actions, costs and expenses (including attorneys'
fees) relating to, resulting directly or indirectly from or in any way arising out of any claim,
suit or proceeding brought against MUDRA as a result of:
a. MUDRA’s authorized / bona fide use of the Deliverables and /or the Services provided
by Bidder under this RfP document; and/or
b. An act or omission of the Bidder, employees, agents, sub-contractors in the
performance of the obligations of the Bidder under this RfP document; and/or
c. Claims made by employees or subcontractors or subcontractors’ employees, who are
deployed by the Bidder, against MUDRA; and/or
d. Breach of any of the term of this RfP document and/or of the agreement to be entered
subsequent this RfP or breach of any representation or false representation or
inaccurate statement or assurance or covenant or warranty by the successful Bidder
under this RfP document and/or of the agreement to be entered subsequent this RfP;
and/or
e. Negligence or gross misconduct attributable to the Bidder or its employees or sub-
contractors.
f. Any or all Deliverables or Services infringing any patent, trademarks, copyrights or
such other Intellectual Property Rights; and/or
g. Breach of confidentiality obligations of the Bidder contained in this RfP document;
and/or
h. The use of unlicensed and illegal Software and/or allied components by the successful
Bidder
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2. The Bidder will have to at its own cost and expenses defend or settle any claim against
MUDRA that the Deliverables and Services delivered or provided under this RfP document
infringe a patent, utility model, industrial design, copyright, trade secret, mask work or trade
mark in the country where the Deliverables and Services are used, sold or received,
provided by MUDRA:
a. Notifies the Bidder in writing; and
b. Cooperates with the Bidder in the defense and settlement of the claims.
3. The Bidder shall not be liable for defects or non-conformance resulting from:
a. MUDRA’s failure to comply with any mutually agreed environmental specifications.
b. Use of a Deliverable in an application or environment for which it was not designed or
not contemplated under this Agreement,
c. Modification of a Deliverable by anyone other than Bidder where the unmodified
version of the Deliverable would not be infringing.
10.41. Audit
1. The vendor/bidder shall allow MUDRA, its authorized personnel, its auditors (internal and
external), authorized personnel from RBI / other regulatory & statutory authorities, and
grant unrestricted right to inspect and audit its books and accounts, to provide copies of
any audit or review reports and findings made on the service provider, directly related to
the services.
2. In case any of the services are further outsourced/ assigned/ subcontracted to other
vendors, it will be the responsibility of the vendor to ensure that the authorities /officials as
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
mentioned above are allowed access to all the related places, for inspection and
verification.
3. Audit under this clause shall be restricted to physical files related to this arraignment. Audit
shall be conducted during normal business hours and on normal working days after
informing the bidder in advance.
10.43. Miscellaneous
1. Bidder is expected to peruse all instructions, forms, terms and specifications in this RfP
and its Annexures/appendixes.
2. Bidder would undertake to provide appropriate human as well as other resources
(PC/laptop etc.) required, to execute the various tasks assigned as part of the project, from
time to time.
3. MUDRA shall not be held liable for additional costs incurred during any discussion on
contracts or for any work performed in connection therewith.
4. The offers containing erasures or alterations will not be considered. There should be no
hand-written material, corrections or alterations in the offer. Technical details must be
completely filled up. MUDRA may treat proposals not adhering to these guidelines as
unacceptable and thereby the proposal may be liable to be rejected.
5. Bidder shall promptly notify MUDRA of any event or conditions, which might delay the
completion of project in accordance with the approved schedule and the steps being taken
to remedy such a situation.
6. Bidder shall indemnify, protect and save MUDRA against all claims, losses, costs,
damages, expenses, action suits and other proceedings, resulting directly or indirectly
from an act or omission of Bidder, its employees, its agents, in the performance of the
services provided by contract, infringement of any patent, trademarks, copyrights etc. or
such other statutory infringements in respect of all components provided by Bidder as part
of the delivery to fulfill the scope of this project.
7. Any publicity by Bidder in which the name of MUDRA is to be used should be done only
with the explicit written permission of MUDRA.
8. Bidder is obliged to give sufficient support to MUDRA’s staff, work closely with MUDRA’s
staff, act within its own authority, and abide by directives issued by MUDRA that are
consistent with the terms of the order. Bidder is responsible for managing the activities of
its personnel, and will hold itself responsible for any misdemeanors.
9. MUDRA reserves the exclusive right to make any amendments/ changes to or cancel any
of the above actions or any other action related to this RfP.
10. Applicability to Parent and Sister Concerns: In case, the parent organisation of
MUDRA(SIDBI) and / or any of its sister concerns want to implement and use the solution,
same should be allowed. However, the cost, licenses if any etc.; will be decided separately.
10.44 Confidentiality
Information provided under this RfP and subsequent agreement, if any, is confidential and
neither party shall at any time, either during the association or at any time thereafter, divulge
either directly or indirectly to any person, firm or company, business entity, or other
organization whatsoever.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
investigations have been threatened, commenced or pending against the Bidder or its
team members by any statutory or regulatory or investigative agencies.
10. That the Bidder has the corporate power to execute, deliver and perform the terms and
provisions of the agreement and has taken all necessary corporate actions, consents and
approvals to authorize the execution, delivery and performance by it of the agreement.
11. That neither the execution and delivery by the Bidder of the agreement nor the Bidder’s
compliance with or performance of the terms and provisions of the agreement (i) will
contravene any provision of any applicable law or any order, writ, injunction or decree of
any court or governmental authority binding on the Bidder, (ii) will conflict or be inconsistent
with or result in any breach of any of the terms, covenants, conditions or provisions of, or
constitute a default under any agreement, contract or instrument to which the Bidder is a
party or by which it or any of its property or assets is bound or to which it may be subject
or (iii) will violate any provision of the Memorandum and Articles of Association of the
Bidder.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
11 Annexures
Dear Sir,
Supply, Implementation and Hosting of Software for MUDRA
We, the undersigned bidders, having read and examined the aforesaid RfP document in detail,
do hereby propose to deliver, customize, implement and host the software as specified in the
Tender document and submit the following as per requirement:
1. Bid Price: We have enclosed a Demand Draft/ banker’s cheque of the sum of ₹5,000/-
(₹Five Thousand only) towards non-refundable bid price.
2. Earnest Money Deposit (EMD): We have enclosed a Demand Draft / banker’s cheque/
Bank Guarantee (BG) of the sum of ₹6,50,000/- (Rupees Six Lakh Fifty Thousand only)
towards EMD. This EMD is liable to be forfeited in accordance with the provisions
mentioned in the RfP.
3. Minimum Eligibility bid, Technical bid and Commercial bid inside separate envelopes, in
prescribed formats.
4. Integrity Pact as per Annexure –XIV.
We hereby declare that our bid is made in good faith, without collusion or fraud and the
information contained in the bid is true and correct to the best of our knowledge and belief.
We also undertake to have read, understood and accepted the terms and conditions specially
those related to evaluation and selection processes mentioned in the RfP except the points
mentioned in Annexure- XI (Statement of deviations) in our bid response. Having submitted
our response to the aforesaid RfP, we also understand not to have any option to raise any
objection against any of the said processes defined in the RfP in any future date. We
understand that our bid is binding on us and persons claiming through us and that you are not
bound to accept a bid you receive.
Thanking you,
Yours sincerely,
Designation:
Seal …
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 58 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
S.N Particulars Details / Documents to be Reference Page No.
Furnished of relevant
document in RfP
Response
years in wo rk s im i l ar to experience in area as per scope
t ha t m e n t io ne d in of work in respect of all the entities
Sc o p e of wo rk - as on wherever applicable.
31.03.2017. In case, a Copy of successful completion
vendor has been set up as certificates or purchase
a result of merger / orders from the
demerger then the both the Organizations to whom such
entities put together should application software has been
fulfil the above delivered or provided in past 5
requirement. years (with names and contact
details of persons in such
organizations)
13 The bidder and the Declaration. Letter of waiver (in
consortium partner, if any, case blacklisting has been
(including pre-merged/ removed).
post merged entity) should
not be blacklisted or
disqualified or barred by
any regulatory/Statutory
body as on date of
application. In case a
company was blacklisted
in the past and same is
waived as on date, it will be
accepted.
14 The proposed solution Work Order / Installation
should have been completion certificates.
implemented in at least 3
Commercial Banks / RRBs/
Cooperative Banks/
NBFCs/ SFBs in India
having asset base of ₹500
crore or more in last five
years.
15 The Bidder or the Successful completion certificates
consortium partner, if any, or Purchase orders from the
should have delivered or Organizations where such
implemented, in last five solution/ services were rendered
years, similar software along with suitable documentary
applications in at least 3 evidence for verifying the turnover
Commercial Banks/ RRBs/ of such companies / corporations
Cooperative Banks/ / institutions
NBFCs/ SFBs in India
having a minimum
turnover of ₹500 crore in
the financial year in which
such assignment was
handled.
In case, a bidder /
consortium partner has
been set up as a result of
merger / demerger then
the pre-merged /post
merged entities put
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
S.N Particulars Details / Documents to be Reference Page No.
Furnished of relevant
document in RfP
Response
together should fulfil the
above requirement.
16 The bidder shall provide Letter providing location of the
evidence of the proposed data centre with photographs.
data centre location in India Copy of ISO 27001 certification
and the certification for ISO
27001
17 The software provider / Copy of certification
bidder the should possess
CMM level 3 certification
Designation:
Seal:
Note: Please ensure conformity with minimum eligibility criteria in Section 8 while completing
this for
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
To:
The MD & Chief Executive Officer,
Micro Units Development and Refinance Agency Limited
1st Floor, MSME Development Centre
Plot C-11 G Block
Bandra Kurla Complex
Mumbai – 400 051
Having examined the tender document including all the Forms and Annexures the receipt of
which is hereby duly acknowledged, we, the undersigned, offer to arrange for hosting on cloud
and deliver, customize, implement and support Software for Loan Management System,
General Ledger Accounting (software/RDBMS/any other licensing suites, please mention) in
conformity with the said tender in accordance with the Schedule of Prices indicated in the
Commercial Offer and made part of this offer.
If our offer is accepted, we undertake to commence delivery as per the delivery schedule
defined in RfP and to complete delivery, installation, customization, and support covering the
scope of work in the Offer document within one year calculated from the date of receipt of your
Notification of Award / Letter of Intent.
We agree to abide by this offer till 365 days from the last date of tender submission and our
offer shall remain binding upon us and may be accepted by MUDRA any time before the
expiration of that period.
Until a formal contract is prepared and executed, this offer, together with MUDRA’s written
acceptance thereof and MUDRA’s notification of award, shall constitute a binding contract
between us.
We understand that MUDRA is not bound to accept the lowest or any offer, MUDRA may
receive without assigning any reason whatsoever.
Signature: ______________________________________
(in the Capacity of:) ________________________________
__________________________________________
Page 61 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 62 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 63 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 64 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Number of employees
less than 250 marks 4
engaged in
251-500 marks 6 Self-Declaration signed by
2.3 implementation, technical
501-750 marks 8 Authorized Signatory.
support and research and
> 750 marks 10
development
Date: Signature of Authorized Signatory:
Place: Name of the Authorized Signatory:
Designation:
Name of the Organization:
Seal …
Note:
1. Documents submitted with response bid towards proof of evidence must be suitably tagged
for easy identification during evaluation.
2. All the evaluation parameters mentioned in Form 3 must be met by the bidder or the
consortium partner individually,
Telephone Number
Fax Number
Contact Name
Title
What is or was the contact’s role on the implementation/
project?
State the duration of the implementation
Go Live date for the pilot offices
Which modules and version of the software are being currently
used?
Give the details of Cloud services offered
What version of Operating System, database etc. is in use? Is
there any other system used in conjunction with the
application software like front end systems etc.? Please
provide details if any.
State number of offices/branches using the software / Cloud
State the number of employees and users using the software /
Cloud.
State the number of transactions processed per day at the
reference installation.
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Micro Units Development and Refinance Agency Limited
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State the maximum number of on-line users in any
office/branch where your modules are installed and specify all
the modules that are in concurrent use,
State, if any, interfaces to external systems are implemented at
this site
State, if any, interfaces to financial System and/or other
systems are implemented at this site.
Business Modules / Services implemented or offered.
11.9 Form 6: Implementation Approach document and
process.
The bidder may, based on the scope of work indicated, may suggest a suitable approach for
implementation along with the processes involved in not more than 5 pages. The document
should contain the details of all the components being used for the entire solution and the
application architecture. The document should also have the implementation strategy and
processess.
Dear Sir,
Declaration Regarding Clean Track Record
Software delivery and implementation for MUDRA
I have carefully gone through the Terms & Conditions contained in the RfP No.
3251/MUDRA/2017-18 dated September 28, 2017 regarding software delivey and
implementation for MUDRA. We hereby declare that our company/ firm has not been
debarred/ black listed by any Public Sector Bank, RBI, IBA or any other Government / Semi
Government organizations as on date of submission of the bid. I further certify that I am
competent officer in my company to make this declaration that our bid is binding on us and
persons claiming through us and that you are not bound to accept a bid you receive.
Thanking you,
Yours sincerely,
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
This is to certify that we [Insert name of Bidder], address ………………….. are fully competent
to undertake and successfully deliver the consultancy services as per scope mentioned in the
above RfP. This bid is being submitted after fully understanding the objectives of the project
and requirements of providing services as mentioned in the captioned RfP.
We certify that the quality and number of resources to be deployed by us for Consultancy will
be adequate to deliver the services professionally and competently within the prescribed time
frame.
We also certify that all the information given by us in response to this RfP is true and correct.
Thanking you,
Yours sincerely,
Designation …
Seal …
Page 67 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
_____________________
______________________
WITNESS:
Signature of _______________
_____________
Attested
Page 68 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Date:
The Chief Executive Officer(CEO),
Micro Units Development & Refinance Agency(MUDRA),
1st Floor, MSME Development Centre,
Plot No. C-11, G Block
Bandra Kurla Complex (BKC), Bandra (E)
Mumbai - 400 051
Dear Sir,
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 issued by MUDRA, provided however that only the list of deviations
furnished by us in Annexure-XI of the main RfP document which are explicitly clarified by
MUDRA and communicated to us in writing, shall form a valid and binding part of the aforesaid
RFP document. MUDRA 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 MUDRA’s decision not to accept any such extraneous
conditions and deviations will be final and binding on us and persons claiming through us.
We also here by confirm that our prices as specified in our Commercial Bid are as per the
Payment terms specified in the Tender document.
Thanking you,
Yours sincerely,
Designation …
Seal …
Page 69 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Page 70 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
5. any other fact, circumstance, provision of statute or rule of law which might, were our
liability to be secondary rather than primary, entitle us to be released in whole or in part
from our undertaking; and;
6. any change in constitution of the vendor;
7. any petition for the winding up of the VENDOR has been admitted and a liquidator or
provisional liquidator has been appointed or an order of bankruptcy or an order for the
winding up or dissolution of the vendor has been made by a Court of competent
jurisdiction;
The written demand referred to in paragraph above shall be deemed to be sufficiently served
on us if you deliver to us at the address as set out in paragraph 3.
This guarantee is valid until the ……….. day of …………. And a claim in writing is required to
be presented to us within three months from i.e. on or before ----all your rights will be
forfeited and we shall be relieved of and discharged from all our liabilities mentioned
hereinabove.
Signature and Seal of Guarantors (Vendor’s Bank)
…………………………………………………………..
Date…………………………………………………….
Address …………………………………………………
……………………………………………………………
……………………………………………………………
Page 71 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Designation …
Page 72 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
__________________________________
________________________________________________
________________________________________________
Page 73 of 87
Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
It’s Banker responsible. I also undertake to advise any change in the particulars of my account to
facilitate updation of records for purpose of credit of amount through RBI RTGS/NEFT.
Place: _____________
Date : _____________
Bank’s stamp:
Date :
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Bidders are required to provide details of all deviations, comments and observations or
suggestions in the following format with seal and signature. You are also requested to provide
a reference of the page number, state the clarification point and the comment/ suggestion/
deviation that you propose as shown below.
MUDRA may at its sole discretion accept or reject all or any of the deviations, however it may
be noted that the acceptance or rejection of any deviation by MUDRA will not entitle the bidder
to submit a revised commercial bid.
Further, any deviation mentioned elsewhere in the response other than in this format shall not
be considered as deviation by MUDRA.
List of Deviations
S. Clarification point Page Section No. in Comment/ Suggestion/
N. as stated in the No. In RfP Deviation
tender document RfP
1.
2.
3
<additional rows may be added, if required>
Designation:
Seal:
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
For providing details of Commercial bid please populate Excel Sheet MUDRA RfP Annexure
XII Format with financial values duly filled which is part of attachment to the RfP
Designation:
Seal:
Note:
1. No conditions should be stipulated in the commercial bids. Conditional bids shall be
rejected.
2. The total amount quoted (S.N. ‘B’) will be the basis for determining the lowest bidder.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
KNOW ALL MEN BY THESE PRESENTS that in consideration of Micro Units Development &
Refinance Agency Limited (MUDRA), a NBFC Company incorporated under the Companies
Act, 2013, and having its Corporate Office at MUDRA at 1st Floor, MSME Development
Centre, Plot No. C-11, G Block, Bandra Kurla Complex (BKC), Bandra (E), Mumbai - 400 051
(hereinafter called the MUDRA ) having agreed to award a contract to M/s. ‘ ________ having
its office at ‘ __________________, (hereinafter called "the Service Provider") for “ Software
Delivery, Implementation and Hosting for MUDRA ” on the terms and conditions contained
in the Purchase order No………. dated __________ placed with the Service Provider and
MUDRA (hereinafter called "the said Order”) which terms, inter alia, stipulates for submission
of Bank guarantee for 10% of the contract value i.e. `. _______ (Rupees
_____________________ only), for the due fulfillment by the Service Provider of the terms
and conditions of the said Order.
At the request of the Service Provider, (Bank name & address) _______, having its principal/
registered office at ____________________________ and, for the purposes of this
Guarantee, acting through its branch namely (Bank name & address)______ _______ (herein
after referred to as (Bank name) _____________ which term shall mean and include, unless
to repugnant to the context or meaning thereof, its successors and permitted assigns), hereby
issue our guarantee No ____________________ in favour of Micro Units Development &
Refinance Agency Limited (MUDRA)
1. We, do hereby unconditionally and irrevocably undertake to pay to MUDRA, without any
demur or protest, merely on receipt of a written demand in original before the close of
banking business hours on or before ____________, at our counters at (Bank address)
________ from MUDRA an amount not exceeding _________________ by reason of any
breach by the Service Provider of the terms and conditions contained in the said
Agreement, the opinion of the MUDRA regarding breach shall be final, conclusive and
binding.
2. We do hereby guarantee and undertake to pay forthwith on written demand to MUDRA
such sum not exceeding the said sum of `. _______ (Rupees _____________________
only) as may be specified in such written demand, in the event of the Service Provider
failing or neglecting to perform the said Order for “Software Delivery, Implementation
and Hosting for MUDRA” to MUDRA in the manner and in accordance with the design
specification, terms and conditions, contained or referred to in the said Order during its
tenure.
3. We further agree that the guarantee herein contained shall remain in full force and effect
till all obligations of Service Provider under or by virtue of the said Order have been fully
and properly carried out or till validity date of this guarantee i.e. ________, whichever is
earlier.
4. We undertake to pay to MUDRA all the money as per this Guarantee, notwithstanding any
dispute or disputes raised by the Service Provider in any suit or proceeding pending before
any court, tribunal or authority relating thereto or otherwise and our liability under these
being absolute and unequivocal.
5. We further agree with you that MUDRA shall have the fullest liberty without our consent
and without affecting in any manner our obligation hereunder (i) to vary any of the terms
and conditions of the said Order (ii) to extend time for performance by the said Service
Provider from time to time or postpone for any time (iii) to exercise or forbear to exercise
any of the powers exercisable by MUDRA against said Service Provider and to forbear or
enforce any of the terms and conditions relating to the said agreement and we shall not
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
be relieved from our liability by reasons of any such variations or modifications or extension
being granted to the said Service Provider for any forbearance act or omission on the part
of MUDRA or any indulgence by the MUDRA to the said agreement or by any such matter
or thing whatsoever which under the law relating to sureties would, but for this provisions,
have an effect of so relieving us. However, nothing contained hereinbefore shall increase
our liability under the guarantee above __________________ or extend beyond
_____________
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
In witness, thereof we ...................... have set and subscribed our hand and seal this
........................ day of .........................2014.
BY
AT
2) Name..........................
Signature.......................
Designation..................
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
1 General
This pre-bid-pre-contract Agreement (hereinafter called the Integrity Pact) is made at
_________ place___ on ---- day of the month of -----, 2017between Micro Units Development
& Refinance Agency Limited(MUDRA) , having its Registered Office at 1st Floor, MSME
Development Centre, C-11, G-Block, Bandra-Kurla Complex, Bandra (E), Mumbai 400051
(hereinafter called the “BUYER”/MUDRA, which expression shall mean and include, unless
the context otherwise requires, its successors and assigns) of the First Part and M/s ---
represented by Shri ----, Chief Executive Officer (hereinafter called the “BIDDER/SELLER”
which expression shall mean and include, unless the context otherwise requires, his
successors and permitted assigns) of the Second Part.
WHEREAS the BUYER proposes to appoint a Vendor for Software delivery and
Implementation for MUDRA and the BIDDER/Seller is willing to offer/has offered to deliver the
product and associated services for implementation.
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Micro Units Development and Refinance Agency Limited
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particular BIDDER which could afford an advantage to that particular BIDDER in
comparison to other BIDDERs.
2.3 All the officials of the BUYER will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any substantial
suspicion of such a breach, if any, comes to his/ her knowledge.
2.4 In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to
be correct by the BUYER, necessary disciplinary proceedings, or any other action as
deemed fit, including criminal proceedings may be initiated by the BUYER and during such
a period shall be debarred from further dealings related to the contract process. In such a
case while an enquiry is being conducted by the BUYER the proceedings under the
contract would not be stalled.
3 Commitments of BIDDERs
The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of its bid or during any pre-contract or post-
contact stage in order to secure the contract or in furtherance to secure it and in particular
commit itself to the following: -
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any officials of the BUYER, connected
directly or indirectly with bidding process, or to any person, organization or third party
related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe , gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to
any official of the BUYER or otherwise in procuring the Contract or forbearing to do or
having done any act in relation to the obtaining or execution of the contract or any
other contract with the Government for showing or forbearing to show favour or
disfavor to any person in relation to the contract or any other contract with the
Government.
3.3 BIDDERs shall disclose the name and address of agents and representatives and
Indian BIDDERs shall disclose their foreign principals or associates.
3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any
other intermediary, in connection with this bid/contract.
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the
original manufacture/integrator/authorized government sponsored export entity of the
defence stores and has not engaged any individual or firm or company whether Indian
or foreign to intercede, facilitate or any way to recommend to the BUYER or any of its
functionaries, whether officially or unofficially to the award of the contract to the
BIDDER, or has any amount been paid, promised or intended to be paid to any such
individual, firm or company in respect of any such intercession, facilitation or
recommendation.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed
to or intends to make to officials of the BUYER or their family members, agents,
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brokers or any other intermediaries in connection with contract and the details of
services agree upon for such payments.
3.7 The BIDDER will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting
and implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain or
pass on the others, any information provided by the BUYER as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The BIDDER also undertakes to
exercise due and adequate care lest any such information is divulged.
3.10 BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of
the actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative to any of the officers of the BUYER
or alternatively, if any relative of the officer of the BUYER has financial interest/stake
in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filling
of tender.
The term ‘relative’ for this purpose would be as defined in Section 2 (77) of the Companies
Act, 2013.
3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the BUYER.
4 Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this integrity Pact, with any other company in any country in
respect of any corrupt practices envisaged hereunder or with any Public-Sector Enterprise
in India or any Government Department in India that could justify BIDDER’s exclusion from
the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be
disqualified from the tender process or the contract, if already awarded, can be terminated
for such reason.
5 Earnest Money (Security Deposit)
5.1 While submitting commercial bid, the BIDDER shall deposit an amount ₹ 6,50,000/- as
Earnest Money/Security Deposit, with the BUYER through any of the following instrument.
(i) Bank Draft or a Pay Order in favour of Micro Units Development & Refinance Agency
Limited (MUDRA), Payable at Mumbai.
(ii) A confirmed guarantee by an Indian Nationalized Bank, promising payment of the
guaranteed sum to the BUYER immediately on demand without any demur whatsoever
and without seeking any reasons whatsoever. The demand for payment by the BUYER
shall be treated as conclusive proof of payment.
5.2 Earnest Money/Security Deposit shall be valid till the date of bid validity as mentioned in
the RfP.
5.3 In case of the successful BIDDER a clause would also be incorporated in the Article
pertaining to Performance Bond in the Purchase Contract that the provision of Sanctions
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by
the BUYER to forfeit the same without assigning any reason for imposing sanction for
violation of this Pact.
5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money/Security
Deposit for the period of its currency.
6 Sanctions for Violations
6.1 Any breach of the aforesaid provision by the BIDDER or any one employed by it or acting
on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the
BUYER to take all or any one of the following actions, wherever required :-
i. To immediately call off the pre contract negations without assigning any reason or
giving any compensation to the BIDDER. However, the proceedings with other
BIDDER(s) would continue
ii. The Earnest Money Deposit (in pre-contract stage) and /or Security
Deposit/Performance Bond) (after the contract is signed) shall stand forfeited either
fully or partially, as decided by the BUYER and the BUYER shall not be required to
assign any reason therefore.
iii. To immediately cancel the contract, if already signed, without giving any compensation
to the BIDDER.
iv. To recover all sums already paid by the BUYER, and in case of Indian BIDDER with
interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of
India, while in case of a bidder from a country other than India with interest thereon at
2% higher than LIBOR. If any outstanding payment is due to the bidder from the buyer
in connection with any other contract for any other stores, such outstanding payment
could also be utilized to recover the aforesaid sum and interest.
v. To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER, in order to recover the payments, already made by the
BUYER along with interest.
vi. To cancel all or any other Contracts with the BIDDER, the BIDDER shall be liable to
pay compensation for any loss or damage to the BUYER resulting from such
cancellation/rescission and the BUYER shall be entitled to deduct the amount so
payable from the money(s) due to the BIDDER
vii. To debar the BIDDER from participating in future bidding processes of the buyer or its
associates or subsidiaries for minimum period of five years, which may be further
extended at the discretion of the BUYER.
viii. To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or
agent or broker with a view to securing the contract.
ix. In cases where irrevocable Letters of Credit have been received in respect of any
contract signed by the BUYER with BIDER, the same shall not be opened.
x. Forfeiture of Performance Bond in case of decision by the BUYER to forfeit the same
without assigning any reason for imposing sanction for violation of this Pact.
6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x)
of this Pact also on the commission by the BIDDER or any one employed by it or acting
on its behalf (whether with or without the knowledge of the BIDDER), of an offence as
defied in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988
or any other statute enacted for prevention of corruption.
6.3 The decision of the BUYER to the effect that a breach of the provision of this Pact has
been committed by the BIDDER shall be final and conclusive on the BIDDER. However,
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Micro Units Development and Refinance Agency Limited
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the BIDDER can approach the independent Monitor(s) appointed for the purposes of this
Pact.
7 Fall Clause
7.1 The BIDDER undertakes that it has not supplied/is not supplying similar products /systems
or subsystems at a price lower than that offered in the present bid in respect of any other
Ministry/Department of the Government of India or PSU and if it is found at any stage that
similar product/systems or sub systems was supplied by the BIDDER to any other
Ministry/Department of the Government of India or a PSU at a lower price, then that very
price, with due allowance for elapsed time, will be applicable to the present case and the
difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has
already been concluded.
8 Independent Monitors
8.1 The Buyer has appointed Independent Monitors (hereinafter referred to as Monitors) for
this Pact in consultation with the Central Vigilance Commission. Details given in Critical
Information section of RfP.
8.2 The Monitors shall not be subject to instruction by the representatives of the parties and
perform their functions neutrally and independently.
8.3 Both the parties accept that the Monitors have the right to access all the documents
relating to the project/procurement, including minutes of meetings.
8.4 As soon as the Monitor notices or has reason to believe, a violation of the Pact, he will so
inform the Authority designated by the BUYER
8.5 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all
Project documentation of the BUYER including that provided by the BIDDER. The
BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documents. The same is applicable
to Subcontractors. The Monitor shall be under contractual obligation to treat the
information and documents of the BIDDER/Subcontractor(s) with confidentiality
8.6 The BUYER will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the
contractual relations between the parties. The parties will offer to the Monitor the option
to participate in such meetings
8.7 The Monitor will submit a written report to the designed Authority of the BUYER within 8 to
10 weeks from the date of reference or intimation to him by the BUYER/BIDDER and
should the occasion arise, submit proposals for correcting problematic situations.
9 Facilitation of Investigation
In case of any allegation of violation of any provision of this Pact or payment of commission,
the BUYER or its agencies shall be entitled to examine all the documents including the
Books of Accounts of the BIDDER and the BIDDER shall provide necessary information
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
and documents in English and shall extend all possible help for the purpose of such
examination.
10 Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of
the BUYER i.e. Mumbai.
11 Other Legal Actions
The action stipulated in this integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.
12 Validity
12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5
years or the complete execution of the contract to the satisfaction of both the BUYER
and the BIDDER/Seller, including warranty period, whichever is later in case BIDDER
is unsuccessful, this integrity Pact shall expire after six months from the date of the
signing of the contract.
12.2 Should one or several provisions of the Pact turn out to be invalid, the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an agreement
to their original intentions.
BIDDER BUYER
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
Note:
Documentary proof along with complete details of the work.
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Micro Units Development and Refinance Agency Limited
1st floor, MSME Development Centre, Plot No.C-11, ‘G’ Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Web Site : www.mudra.org.in
END OF RFP
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