Professional Documents
Culture Documents
FOR
The products and services required, bidding procedures, contract terms and conditions
are prescribed in the RFP. The Bidding Documents include:
1. INVITATION TO BID
Presently the Bank has commissioned 1000 Bar Code Based New
Passbook Kiosks and approx. 2700 Old Bar Code based Window Kiosks
are to be replaced.
The total number of branches of the Bank are 5084 as on 31st March 2021
and all branches are on Core Banking platform.
The Core Banking Software of the Bank is Finacle version 7.025 of Infosys.
Bank is in the process of upgrading the Finacle version to 10.x. The Delivery
channels communicate with CBS through interface Connect24.
Bank of India (Bank) invites Bids to install 2700 Bar Code Based Passbook
Kiosks NEW (not refurbished) across the length and breadth of the country
on CAPEX model per PBK basis. However, the Bank, on its sole discretion,
can procure lesser number of kiosks. The place and number of kiosks to be
deployed would be entirely the decision of the Bank. The 2700 PBKs are
required to be installed as given in Annexure D & E with a provision of
additional requirement of 15%.
Qualified Bidders
BOI/HO/DBD/PBK/2021-22/7 dated 21-01-2022 Page 6 of 194
Last Date and Time for 24/02/2022 by 13.00 hours
Receipt at Bank of India RFP submitted later than the time and
Head office date mentioned above will not be
accepted.
Address:
Bank of India, Digital Banking
Department, Head office, Star House-
II, C-5, G-Block, 6th Floor, West
Wing Bandra Kurla Complex, Bandra
(East) Mumbai – 400 051.
The Bidding Document may be obtained from the Bank at the following address
or downloaded from Bank’s website http://www.bankofindia.co.in/tenders and
the bid should be submitted on or before the due date and time brought out in
this RFP document at the address given below:
The General Manager,
Bank of India, Head Office,
Digital Banking Department,
6th Floor,
Star House II, C-4, G-Block,
Bandra Kurla Complex,
Bandra (East), Mumbai-400051,
Phone No. 022-61319450
i. Bids should be received by the Bank at the address specified, not later than
the date and time specified in the Invitation to Bid. Any Bid received after the
deadline for submission of Bids prescribed, will be rejected and returned
unopened to the Bidder.
ii. The Bank may, at its discretion, extend this deadline for the submission of Bids
by amending the Bid Documents, in which case, all rights and obligations of
the Bank and Bidders previously subject to the deadline will thereafter be
subject to the deadline as extended.
Definitions:
d) The Contract means the agreement entered into between the Bank and
the Vendor, as recorded in the Contract Form signed by the parties,
including all attachments and appendices thereto and all documents
incorporated by reference therein.
k) The Project Site means locations where services as desired in this RFP
document are to be provided
l) RFP means request for proposal (this document) in its entirety, inclusive
of any corrigendum/s that may be issued by the Bank.
2. DISCLAIMER
2.1. The information contained in this Request for Proposal (RFP) document or
information provided subsequently to bidder(s) or applicants whether verbally
or in documentary form by or on behalf of Bank of India (Bank), is provided to
the bidder(s) on the terms and conditions set out in this RFP document and all
other terms and conditions subject to which such information is provided.
2.2. This RFP is neither an agreement nor an offer and is only an invitation by Bank
to the interested parties for submission of bids. The purpose of this RFP is to
provide the bidder(s) with information to assist the formulation of their
proposals. This RFP does not claim to contain all the information each bidder
may require. Each bidder should conduct its own investigations and analysis
and should check the accuracy, reliability and completeness of the information
in this RFP and where necessary obtain independent advice. Bank makes no
representation or warranty and shall incur no liability under any law, statute,
rules or regulations as to the accuracy, reliability or completeness of this RFP.
Bank may in its absolute discretion, but without being under any obligation to
do so, update, amend or supplement the information in this RFP.
2.3. The RFP document is not a recommendation, offer or invitation to enter into a
contract, agreement or any other arrangement in respect of the services. The
provision of the services is subject to observance of selection process and
appropriate documentation being agreed between the Bank and any
successful bidder as identified by the Bank after completion of the selection
process. No contractual obligation whatsoever shall arise from the RFP
process until a formal contract is executed by the duly authorized signatory of
the Bank and the vendor.
2.4. This RFP is floated only for the selection of eligible bidder. The Content of the
RFP is only indicative which remains in force till final contract is signed between
the Bank & the selected bidder. Under no circumstances the content of this
RFP should be treated as exhaustive in preparing the agreement for the final
Contract.
2.5. The RFP document contains statements derived from information that is
believed to be true and reliable at the date obtained but does not purport to
provide all of the information that may be necessary or desirable to enable an
intending contracting party to determine whether or not to enter into a contract
or arrangement with Bank in relation to the provision of services. Neither Bank
nor any of its directors, officers, employees, agents, representative,
contractors, or advisers gives any representation or warranty (whether oral or
written), express or implied as to the accuracy, updating or completeness of
any writings, information or statement given or made in this RFP document.
Neither Bank nor any of its directors, officers, employees, agents,
representative, contractors, or advisers has carried out or will carry out an
independent audit or verification or investigation or due diligence exercise in
relation to the contents of any part of the RFP document. Bank reserves the
right to cancel the entire Bidding / RFP process at any Stage without assigning
any reason whatsoever.
3. ELIGIBILITY CRITERIA
3.1. Eligibility
The Bidder must have an annual Copy of the audited Balance Sheet
4. turnover of minimum Rs 30 crores and / or Certificate of the Chartered
in two out of four FYs 2017-2018, Accountant for preceding three
2018- 2019, 2019-20, 2020-21 years.
ii. Bidder must comply with all the above mentioned criteria. Non-compliance
of any of the criteria will entail rejection of the Bid. Copies of the relevant
documents/ certificates should be submitted as proof in support of the
claims made
iii. Bidding on consortium basis will not be accepted. It is clarified that bids
submitted as consortium shall be rejected.
v. If any company is not able to meet profitability and / or Net worth criteria
as stipulated in eligibility criteria above, they can still participate in the
tender, provided their parent company is meeting both profitability and Net
worth Criteria as desired above. In such case the bidder shall furnish
performance guarantee from the parent company.
vi. All reference documents must be dated on or after the date of RFP.
If, after evaluating the price analysis, Bank determines that the bidder/s
has/have substantially failed to demonstrate its capability to deliver the
contract at the offered price, bank may at its sole discretion:
a) reject / cancel the bid/proposal after giving 7 days notice to the such
bidder/s; and /or
b) forfeit the bid security and/or invoke Bank Guarantee; and /or
c) recover cost incurred/to be incurred by the bank for the delay in
implementation including the penalty, if any, imposed by the
1 2
P.K. Dash IAS (Retd.) Shri Salil Kumar Jha, Ex-MD HAL
H 83, Bagh Mugaliya Extension, C 300, SKS Flats, Sheikh Sarai,
Near Laharpur Dam, Phase-1, New Delhi – 110017
BHOPAL-462043 E-mail: skjha_lck@rediffmail.com
Email- pkdash81@gmail.com
Clau Clau
se Topic se Topic
No. No.
4.1 Period of contract 4.30 Pre-bid Meeting
Bid Document Availability and
4.2 4.31 Publicity
Cost of Bidding
4.3 Language of Bid 4.32 Subcontracting
Bid Documents Submission Validity of the Agreement
4.4 4.33
requirement
Opening of Eligibility and
4.5 4.34 Insurance
Technical Offers
4.6 Technical Evaluation 4.35 Service level agreement
Use of Contract Documents and
4.7 Documents Comprising the Bid 4.36
Information
Clarification of Bidding
4.8 4.37 Patent Rights
Document
Amendment of RFP / Bidding
4.9 4.38 inspection
Document
4.10 Bid Prices 4.39 Warranty/Uptime
4.11 Bid Currencies 4.40 Termination of Contract
4.12 Bid Security 4.41 Termination for Insolvency
4.13 Period of Validity of Bids 4.42 Termination for Convenience
4.14 Submission of Bids 4.43 Force Majeure
Deadline for Submission of
4.15 4.44 Liquidated Damages
Bids
4.16 Late Bids 4.45 Review Meeting
Modification and Withdrawal of
4.17 4.46 Disputes/Arbitration
Bids
Opening of Technical Bids by
4.18 4.47 Jurisdiction
the Bank
Right to Audit
4.19 Conformity to Eligibility Criteria 4.48
The Bidder should commit to provide the outsourced services detailed in this
document for contract period from the date of execution of Service Level
Agreement which will have effective date of first Purchase Order that will be
issued by the Bank and valid up to 5 years with optional period of additional
two years if opted by Bank.
Bidders should note that all the information required by the Bank in RFP needs
to be provided. Incomplete information may lead to non-selection.
b) The Bidder shall bear all costs associated with the preparation and
submission of its Bid and the Bank will in no case be responsible or liable
for these costs, regardless of the conduct or outcome of the Bidding
process.
a) Micro & Small Enterprises (MSE) units and Start-ups* are exempted from
payment of EMD and tender fee provided the Services they are offering,
are rendered by them. Exemption as stated above is not applicable for
providing services, rendered by other companies. Bidder should submit
supporting documents issued by competent Govt. bodies to become
eligible for the above exemption.
*Start-ups which are not under the category of MSE shall not be eligible for
exemption of tender fee. Bidder who solely on its own, fulfils each eligibility
criteria condition as per the RFP terms.
Bidder who solely on its own, fulfils each eligibility criteria condition as per
the RFP terms and conditions and who are having MSE or Start-up
company status, can claim exemption for EMD.
Bidder claiming exemption of cost of bid and Bid Security shall execute a
declaration accepting that if they withdraw or modify their Bids during the
period of validity, or if they are awarded the contract and they fail to sign
the contract, or to submit a performance security before the deadline
defined in the request for bids document, they will be suspended for at
least TWO years from the date of communication sent to the bidder in this
regard.
The Bid prepared by the Bidder, as well as all correspondence and documents
relating to the Bid exchanged by the Bidder and the Bank and supporting
documents and printed literature shall be written in English.
i. Bidders shall seal the envelopes containing “Eligibility Bid”, “Technical Bid”
and “Price Bid” separately and the three envelopes shall be enclosed and
sealed in an outer envelope. The bidder should submit the soft copy of the
Technical bid document in the form of CD, in the sealed envelope containing
‘Technical Bid”.
ii. The inner and outer envelopes shall be addressed to the Bank at the address
given; and
iii. Each bid shall be submitted in three parts (one for Eligibility Bid, one for
Technical proposal and one for Price Bid)
a) Part I – Eligibility Bid
b) Part II- Technical Proposal
c) Part III- Price Bid
The three parts should be in three separate covers, each superscribed with
the name of the Project – “For Procurement, Installation, Commissioning and
Maintenance Services for 2700 Bar Code Based Pass Book Kiosk” as well as
- “Eligibility Bid “, “Technical Bid” and “Price Bid” as the case may be.
iv. The Bid shall be typed or written in indelible ink and shall be signed by the
Bidder or a person or persons duly authorized to bind the Bidder to the
Contract. The person or persons signing the Bids shall initial all pages of the
Bids, except for un-amended printed literature. Copy/ies of document
evidencing authority to execute the document/s (e.g. Power of Attorney,
authority under Board resolution etc.) shall be annexed to the bid. The bid
shall be treated unresponsive, if there is any of the infirmities mentioned
herein.
vi. The covers should also indicate name and address of the vendor submitting
the offers.
a) The Technical offer (TP) should be complete in all respects and contain
all information asked for in this document.
e) The vendor should agree and confirm to the terms & conditions specified
in the RFP. The vendor is advised not to specify or mention any other
terms and conditions, as the Bank may take such conditions as
deviations/non-conformity with the RFP terms.
a) Indicative Commercial offer should give all the relevant price information
in line with “Price Composition”.
b) It should be as per the formats Price Bid as per PART 8.2 only.
c) The prices offered shall be on a fixed price basis and should not be
linked to the Foreign exchange rate fluctuation.
i. Eligibility and Technical Offers will be opened on scheduled date and time. No
separate intimation will be given in this regard to the vendors, for deputing their
representatives.
ii. Representative of the vendor are requested to be present in person /join web
meeting as informed by Bank for the opening of the Eligibility and Technical
Offers.
i. The Bank will first evaluate the eligibility criteria and if found eligible, further
evaluation will be carried out by the Bank. Then the technical responses will
be evaluated and if not found satisfactory, further evaluation will not be done
for that particular vendor. The Bank will not rely only on the vendor's response
and may cross-check from other sources and Bank's decision on satisfactory
level will be binding on all the bidders.
ii. The evaluation will focus on fitness to the requirements of technical and
functional specifications mentioned in the annexure. The Product offered
should meet all the technical and functional specifications. Non-compliance will
attract rejection of the proposal.
iii. It may include demonstration of proposed solutions, reference calls, and site
visits of selected customers with comparable configurations. The proposal will
be rejected in case of any adverse findings.
iv. The Bank will shortlist the vendor(s) based on technical evaluation.
v. Bank reserves the right to reject any and/or all proposals without assigning any
reason whatsoever.
Sl Description Format
1 Offer letter Format 8.3
2 Conformity to Eligibility Criteria Format 8.4
3 Additionally, if relaxation is
Audited Financial statements for the year sought on net worth and
2016-17 profitability, then financial
statements of the parent
company is to be submitted
along with confirmation of parent
company that they are agreeable
iii. Any Eligibility proposal, Technical Proposal not containing any of the above will
be rejected. The Eligibility Proposal and Technical Proposal should not contain
any price information, such proposal will be rejected.
v. Please note to submit the non-refundable bid amount of Rs. 50,000/-. Bids are
liable to be rejected if the same is not received. by means of a demand
draft/pay order favoring" Bank of India - RFP-2700 BARCODE BASED
PASSBOOK KIOSK” payable in Mumbai, in a separate envelope with Eligibility
criteria/proof of credit to designated current account of the bank. (for
exemption please refer to 4.2.iii and submit additional documents mentioned
therein).
vi. The bidder is expected to examine all instructions, formats, terms and
conditions specifications in the RFP Document. Failure to furnish all
information required or to submit a Bid not substantially responsive to the RFP
requirement will be at the Bidder’s risk and may result in the rejection of the
Bid.
Bidder requiring any clarification pertaining to the RFP Document may seek
the same from the Bank in writing at the address mentioned in or by e-mail as
indicated in Invitation to Bid in Page no.6. E-mail is considered as one of the
valid modes of communication.
i. At any time prior to the deadline for submission of Bids, the Bank, for any
reason, whether, at its own initiative or in response to clarification requested
by prospective Bidders, may modify the Bidding Document, by issuing
Corrigendum.
ii. Corrigendum will refer to the original clause contained in the RFP against which
modification and / or deletion will be mentioned. In case of insertion of
Additional clause, the same will be specified in the Corrigendum.
iii. Bank will not reply to each and / or all Bidders for their queries separately. The
necessary additions / deletions / modifications to the RFP clauses if deemed
fit will be issued by way of Corrigendum to the RFP.
v. Corrigendum / corrigenda will be put up on the Bank’s Website along with the
RFP document and will be binding on all Bidders.
vi. In order to allow prospective Bidders reasonable time in which to take the
amendment / modifications contained in the Corrigendum into account in
preparing their Bids or for any other reason, the Bank, at its discretion, may
extend the deadline for a reasonable period as decided by the Bank for the
submission of Bids.
i. Bidder should quote price in Price Bid Format given in PART 8.2 of the Bid
Document.
ii. The price quoted should be inclusive of all costs, duties, levies, taxes and all
other applicable charges excluding GST.
iii. Price quoted as per Part 8.2 shall be valid for the entire Contract Period from
the date of execution of SLA up to Expiry of the contract. The Service Level
Agreement will have effective date as date of the first Purchase Order issued
to the Vendor/s.
iv. Prices quoted by the Bidder shall be fixed during Contract period and shall not
be subject to variation on any account, including exchange rate fluctuations,
changes in taxes, duties, levies, charges etc. A Bid submitted with an
adjustable price quotation will be treated as nonresponsive and will be rejected.
i. The Bid Security amount is exempted for bidders as per clause 4.2.iii provided
the conditions mentioned therein are complied with.
ii. The Bidder shall furnish, as part of its Bid, a Bid security amounting to Rs. 20
Lacs as per Format 8.13.
iv. The Bid security shall be denominated in Indian Rupees and shall be in one of
the following forms:
v. Any Bid not secured, as above, will be rejected by the Bank, as nonresponsive.
vii. The successful Bidder’s Bid security will be discharged upon the Bidder
signing the Contract Form and furnishing the Performance Security.
c) The bidder has quoted abnormally low price as determined by the bank
and; (a) the bid is rejected by the Bank or (b) the RFP is cancelled due
to abnormal low price quoted by the bidder; or;
d) In the case of a successful Bidder, if the Bidder fails to (a) submit the
Performance Guarantee or (b) sign the Contract Form /SLA.
i. Bids shall remain valid for 120 days from the date of opening of the Bid. A Bid
valid for a shorter period may be rejected by the Bank as non-responsive.
i. Bid Submission
The Bidder shall submit three (Eligibility Proposal, Technical Proposal and
Price Bid) Envelopes simultaneously contained in one outer envelope to the
Bank at address The General Manager, Bank of India ,Digital Banking
Department, Head office, Star House, C-4, G-Block, 6th Floor, Bandra Kurla
Complex, Bandra (East) Mumbai – 400 051.
Bids are liable to be rejected if only one (i.e. Eligibility Proposal, Technical
Proposal or Price Proposal) is received.
ii. The Bidders’ shall seal one envelope of “Eligibility Bid”, one Envelope of
“Technical Bid” and One envelope of “Price Bid” and the three envelopes (one
Eligibility Bid, one Technical Bid & one Price Bid) of each bidder shall be
enclosed and sealed in one outer envelope. The Bidder should additionally
submit soft copies of the Technical Bid documents & Specifications in the form
of CD separately.
iii. The inner and outer envelopes shall bear the Project Name as under:
a) Eligibility Bid:
" Bank of India - RFP-2700 BARCODE BASED PASSBOOK KIOSK
Dated: 21-01-2022”
b) Technical Bid:
c) The Price Bid envelope will bear the Project name as under
i. Bids should be received by the Bank at the address specified, no later than
the date & time specified in the Invitation to Bid.
ii. The Bank may, at its discretion, extend this deadline for the submission of
Bids by amending the Bid Documents, in which case, all rights and
obligations of the Bank and Bidders previously subject to the deadline will
thereafter be subject to the deadline as extended.
Any Bid received through whichever mode of delivery after the deadline for
submission of Bids prescribed in PART I Invitation to Bid will be rejected and
returned unopened to the Bidder. Bank will not be responsible for postal /
courier delay or delay caused by any other reason for submission of the bid.
i. The Bidder may modify or withdraw its Bid after the Bid’s submission,
provided that written notice of the modification, including substitution or
withdrawal of the Bids, is received by the Bank, prior to the deadline
prescribed for submission of Bids.
ii. No Bid may be modified after the deadline for submission of Bids.
iii. No Bid may be withdrawn in the interval between the deadline for submission
of Bids and the expiration of the period of Bid validity. Withdrawal of a Bid
during this interval may result in the Bidder’s forfeiture of its Bid security.
i. The Eligibility Bid shall be opened by the bank first in the presence of
representative of the Bidders/online meeting and after accessing the Bids
conformity with Eligibility criteria, the technical Bid will be opened in the
presence of representative of the Bidders/online meeting.
ii. The Bidders’ names, Bid modifications or withdrawals and the presence or
absence of requisite Bid Security and such other details as the Bank at its
discretion may consider appropriate, will be announced at the time of
Eligibility Bid opening. No bid shall be rejected at the time of Eligibility bid
opening, except for late bids, which shall be returned unopened to the Bidder.
iii. Bids (and modifications sent) that are not opened at Bid Opening shall not be
considered for evaluation, irrespective of the circumstances. Withdrawn bids
will be returned unopened to the Bidders.
i. The Bank will scrutinize the Bids to determine whether they are complete as
to the submission of required formats, documents and reference letters. The
documents have been properly signed, and the Bids are generally in order.
ii. Bank may, at its discretion, waive any minor infirmity, non-conformity, or
irregularity in a Bid, which does not constitute a material deviation.
iii. The Bank will examine whether the Bid and the Bidder is eligible in terms of
Eligibility Criteria contained in Part 3 of the RFP.
ii. The Bank reserves the right to evaluate the bids on technical & functional
parameters including visit to inspect live site/s of the bidder, interact with the
banks whose reference letters are submitted. The technical bids will be
evaluated inter alia on the basis of the following key criteria:
iv. During evaluation of the Bids, the Bank, at its discretion, may ask the Bidder
for clarification of its Bid. The request for clarification and the response shall
be in writing, and no change in the prices or substance of the Bid shall be
sought, offered or permitted.
i. The Indicative Price Bids of only those Bidders who are evaluated as eligible
as per Eligibility Criteria contained in PART 3 and responsive to Technical
and Functional Specifications will be opened. The date and time of opening
of Indicative Price Bids will be communicated to such shortlisted Bidders.
ii. Only those Bidders who qualify in Technical evaluation would be shortlisted
for commercial evaluation via Reverse Auction conducted by the Bank’s
authorized e-Procurement service provider
iii. The L1 Bidder will be selected on the basis of total of the price evaluation as
quoted in Reverse Auction.
iv. The successful bidder of Reverse Auction is required to provide price breakup
/ confirmation within 48 hours of conclusion of the Reverse Auction.
v. Bidder who does not quote any price or fails to participate in the Reverse
Auction for any of the components of price bids but participates in other
components, it will be deemed that the bidder accepts the pricing of other
components at the lower of L1 price or the reserve price fixed by the bank,
for this related component.
vi. Bidder who does not quote any price or fails to participate in the Reverse
Auction for buy back of old Kiosk shall have to buyback the assets at H1 rate
or the reserve price fixed by the Bank, whichever is higher. Bidder is deemed
to have accepted this condition, if the bidder submits the bid / participates in
the Reverse Auction.
a) If there is a discrepancy between the unit price and total price which
is obtained by multiplying the unit price with quantity, the unit price
shall prevail and the total price shall be corrected unless it is a lower
figure. If the bidder does not accept the correction of errors, the bid
will be rejected.
c) If the vendor has not worked out the total bid price or the total bid
price does not correspond to the unit price quoted either in words
or figures, the unit price quoted in words shall be taken as correct.
i. No Bidder shall contact the Bank on any matter relating to its Bid, from the
time of opening of Price Bid to the time the Contract is awarded.
ii. Any effort by a Bidder to influence the Bank in its decisions on Bid evaluation,
Bid comparison or contract award may result in the rejection of the Bidder’s
Bid.
i. Bidders should note that Bank has plan / target of installation of all 2700
locations within 4 months from the date of acceptance of Purchase Order,
however as per discretion of the Bank, the order can be placed in stages also.
Accordingly, the orders will be placed with selected Vendors and the Vendors
should complete installations / operationalize PBKs at all locations within the
set time frame.
ii. The prospective Bidders should note that the composition of On-site and Off-
site PBKs out of 2700 total requirement and the locations of the same will be
decided during deployment stage. This requirement will be based on the
business requirement of Bank’s Zonal Offices. The list of locations will be
given to the selected Vendors as and when area / locations / sites are
identified by the Bank. The prospective Bidders should have the
arrangements and capability to roll out PBKs across the country.
a) Among all qualified bids, the lowest bid (as quoted in reverse
auction) will be termed as L1. If L1 is a Class I local supplier, the
contract for full quantity will be awarded to L1.
i) In case all class I local suppliers are available for the captioned
RFP; the allocation shall be done as under:
For this RFP, for the purpose of deciding the local content, the local
content of the PB printing kiosk with native application only shall be
considered.
i. The Bank reserves the right to accept or reject any Bid /offer received in part
or in full, and to cancel the Bidding process and reject all Bids at any time
prior to award of contract, without thereby incurring any liability to the affected
or Bidder or Bidders or any obligation to inform the affected Bidder or Bidders
of the grounds for the Bank’s action.
ii. The bid is liable to be rejected at the sole discretion of the Bank, if the bidder
submits abnormally low rate.
iii. After identification of L1/L2 Bidder, Bank will follow the internal procedure for
necessary approvals and thereafter proceed with notification of award /
issuing Letters of Intent to the selected bidders as per clause 4.26 of the RFP.
iv. Bank reserves the right to cancel the entire Bidding / procurement process at
any stage without assigning any reason whatsoever.
i. Prior to expiration of the period of Bid validity, the Bank will notify the
successful L1, L2 Bidder/s in writing or by e-mail, that its Bid has been
accepted.
ii. Such successful bidders are required to accept the offer within 5 days of the
notification of award of contract / receiving Letter of Intent.
iii. Upon notification of award to the selected Bidders in terms of the clause 4.26
of the RFP and acceptance of the offer by such selected bidders, the Bank
will promptly notify each unsuccessful Bidder while discharging their Bid
security.
ii. Signing of the Contract Form will constitute formation of the Contract till the
Service Level Agreement is executed between the Bank and the Vendor.
iii. Failure of the successful Bidder to sign the contract and return it to the Bank
within 15 days from the acceptance of Letter of Intent shall constitute
sufficient grounds for the annulment of the award and forfeiture of the Bid
security.
ii. The successful Bidder shall provide a Performance Bank Guarantee from a
public sector bank other than Bank of India or reputed private sector bank
acceptable to the bank for an amount calculated at 3% of the Total Contract
value based on the Final reverse auction price (which shall be calculated and
advised by the Bank to Selected Bidder(s) with validity period of 5 years or
till the end of the contract, whichever is later, furnished hereunder strictly as
per FORMAT 8.12 is to be submitted by the finally selected Bidder and needs
to be submitted within 15 days of issuance of LOI/Purchase order. The claim
period of the Bank Guarantee shall be for 12 months beyond expiry date of
Bank Guarantee. If there are any changes in PBG guidelines during the
contract period then vendor has to submit revised PBG as per new
guidelines.
iii. Bank reserves the right to stipulate higher Performance Security, depending
on circumstances of each case, which inter alia includes abnormally low rates
quoted by the bidder/s.
iv. The proceeds of the Performance Security shall be payable to the Bank as
compensation for any loss resulting from the Vendor’s failure to complete its
obligations under the Contract. In the event of nonperformance of obligations
the Bank shall invoke the Performance Bank Guarantee without notice or
right of demur to the Vendor apart from the other provisions of cancelling the
order in terms of the RFP.
v. In the event of any contract amendment, the Vendor shall, within the 21 days
from the date of such amendment (as relevant to the Performance Security),
furnish the amendment to the Performance security, rendering the same valid
for the duration of the Contract.
vi. In the event of Bank awarding contract for additional 15% PBK, the Vendor
will submit Performance Guarantee for additional amount calculated for these
additional PBKs as per para 4.28.ii , immediately.
In all such cases, the vendor shall replace the problematic machines with the
new one (same model) at no additional cost to the Bank & PBG may not be
invoked.
viii. In all such cases under clause 4.28.vii, a cure period of 90 days shall be given
to the vendor before invoking BG/Termination Notice by the Bank.
ii. For purposes of this clause, “origin” means the place where the goods are
mined, grown, or manufactured or produced, or the place from which the
related product is supplied. Goods are produced when, through
manufacturing, processing or substantial and major assembly of
components, a commercially-recognized product results that is substantially
different in basic characteristics or in purpose or utility from its components.
4.31 Publicity
Any publicity by the Vendor in which the name of the Bank is to be used will
be done only with the explicit written permission of the Bank. The PBK shall
contain publicity material of the Bank and display important information to the
customers. No third party advertising including that of Vendor shall be
allowed at PBK.
4.32 Subcontracting
ii. In case subcontracting is permitted by the Bank, the contracting vendor will be
responsible for all the services provided to the Bank regardless of which entity
is conducting the operations. The contracting vendor is also responsible for
ensuring that the sub-contractor comply with all security requirements of the
contract and the Bank can obtain independent audit report for the same. In
such a case, the Bidder shall provide subcontracting details to the Bank and if
required, Bank may evaluate the same.
The Agreement/ SLA will be valid for a period of 5 years up to end of support
period including AMC, if opted. The Bank reserves the right to extend the AMC
for further 2 years. The Bank also reserves the right to terminate the
Agreement as per the terms of RFP and the SLA.
4.34 Insurance
i. The insurance shall be in an amount equal to 110 percent of the value of the
Products from “Warehouse to final destination” on “All Risks” basis including
War Risks and Strikes, valid for a period not less than 4 months after installation
and commissioning and issue of acceptance certificate by the Bank.
ii. Should any loss or damage occur, the Supplier shall –
The selected Vendor/s shall enter into Service Level Agreement, containing
the entire Scope of Work, Terms and Conditions of this RFP including
confidentiality, non-disclosure, IPR related clauses, payment related clauses
with the Bank for the contract period from the date of execution / effective
date for a period of 5 years and additional 2 years AMC if opted by the bank.
i. The Vendor shall not, without the Bank’s prior written consent, disclose the
Contract, or any provision thereof, or any specification, plan, drawing,
pattern, sample or information furnished by or on behalf of the Bank in
connection therewith, to any person other than a person employed by the
Vendor in the performance of the Contract. Disclosure to any such employed
person shall be made in confidence and shall extend only as far as may be
necessary for purposes of such performance.
ii. The Vendor shall not, without the Bank’s prior written consent, make use of
any document or information for purposes of performing the Contract.
iii. Any document, other than the Contract itself, shall remain the property of the
Bank and shall be returned (in all copies) to the Bank on completion of the
Vendor’s performance under the Contract, if so required by the Bank.
4.38 Inspection
i. The Bank reserves the right to carry out inspection by a team of Bank officials,
of any of the existing live installations of the Vendor referred to in the Technical
Bid for conforming the Eligibility Criteria.
ii. The Bank reserves the right to visit the Maintenance/Warehouse Centre of the
Bidder to carry out inspection to substantiate the credentials of the capabilities
presented by the Bidder for compliance to Eligibility criteria. Bidder should
iii. Nothing stated hereinabove shall in any way release the Vendor of any
obligations under this contract.
4.39 Warranty/Uptime
iii. Minimum Warranty for Application Software, either developed by the Bidder or
his associates, or supplied and customized to Bank's requirements, shall be
for 12 months from date of User Acceptance after it is delivered, installed and
commissioned.
i. The Bank, without prejudice to any other remedy for breach of Contract, by a
written notice of not less than 90 (Ninety) days sent to the Vendor, may
terminate the Contract in whole or in part:
a) If the Vendor fails to deliver any or all of the Products and Services within
the period(s) specified in the Contract, or within any extension thereof
granted by the Bank; or
b) If the vendor fails to perform any other obligation(s) under the contract; or
ii. In the event the Bank terminates the Contract in whole or in part for the breaches
attributable to the Vendor, the Bank may procure, upon such terms and in such
manner as it deems appropriate, Products and Services similar to those
undelivered, and the Vendor shall be liable to the Bank for any increase in cost
for such similar Products and/or Services. However, the Vendor shall continue
performance of the Contract to the extent not terminated.
iii. If the contract is terminated under any termination clause, the vendor shall
handover all documents/ executable/ Bank’s data or any other relevant
information to the Bank in timely manner and in proper format as per scope of
this RFP and shall also support the orderly transition to another vendor or to the
Bank.
iv. During the transition, the vendor shall also support the Bank on technical
queries/support on process implementation or in case of software provision for
future upgrades.
v. The Bank’s right to terminate the Contract will be in addition to the penalties /
liquidated damages and other actions as deemed fit.
4.41 Termination for Insolvency:
The Bank may, at any time, terminate the Contract by giving written notice to
the Vendor if the Vendor becomes bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the Bidder, provided that
such termination will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to the Bank
The Bank, by written notice of not less than 90 (ninety) days sent to the Vendor,
may terminate the Contract, in whole or in part, at any time for its convenience.
The notice of termination shall specify that termination is for the Bank’s
convenience, the extent to which performance of the Vendor under the
Contract is terminated, and the date upon which such termination becomes
effective.
In addition to the right of the Bank to terminate the contract for the
delayed/unsatisfactory/nonperformance of the Vendor and/or for various
reasons detailed in the Service Level Agreement to be executed with the Bank,
the Bank shall also be entitled to terminate the Contract at any time for its
convenience by giving one month notice to the Vendor. It is hereby clarified
that the termination for convenience shall be without any compensation to the
Vendor and in case of termination for any reason, the Bank shall not be liable
to pay any fee/consideration for the contract which is not performed. It is also
clarified that the Vendor shall not be entitled to terminate the contract.
ii. For the purposes of this clause, 'Force Majeure' means and includes wars,
insurrections, revolution, civil disturbance, riots, terrorist acts, public strikes,
hartal, bundh, fires, floods, epidemic, quarantine restrictions, freight embargoes,
declared general strikes in relevant industries, Vis Major Act of Government,
impeding reasonable performance of the Vendor and / or Sub Contractor but
does not include any foreseeable events, commercial considerations or those
involving fault or negligence on the part of the party claiming Force Majeure.
iii. If a Force Majeure situation arises, the Vendor shall promptly notify the Bank in
writing of such condition and the cause thereof. Unless otherwise directed by
the Bank in writing, the Vendor shall continue to perform its obligations under
the Contract as far as is reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure event.
i. If the Vendor fails to deliver any or all of the products or perform the services
within the stipulated time schedule, as specified in the Contract, as desired in
this RFP/ Contract, the Bank may, without prejudice to its other remedies under
the Contract, and unless otherwise extension of time is agreed upon without the
application of Liquidated Damages, deduct from the Contract Price, as
liquidated damages as mentioned below:
ii. A sum equivalent to 0.5% per week or part thereof of Contract Price subject to
maximum deduction of 5% of the Contract Price for delay of each week or part
thereof. Once the maximum deduction is reached, the Bank may consider
termination of the Contract without any cost to the bank.
i. Bank will hold a review meeting with the responsible senior in rank personnel
of the selected vendor/s periodically to review the project implementation and
operation. In case non satisfactory performance, the successful bidder will be
given time till the next monthly review to improve the performance.
a) Bank will hold meetings to review the services of the vendor as well
as uptime of the PBKs and sensitize the Vendor about Bank’s
iii. Despite the above mechanism, if the bank is not still satisfied with the
performance, bank reserves the right to terminate the contract and invoke the
performance bank guarantee.
4.46 Disputes/Arbitration
ii. The Vendor shall continue work under the Contract during the arbitration
proceedings unless otherwise directed by the Bank or unless the matter is
such that the work cannot possibly be continued until the decision of the
arbitrator is obtained.
iii. Arbitration proceeding 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 in English.
4.47 Jurisdiction
All disputes would be subject to Indian laws and jurisdiction, and settled at
courts in Mumbai.
a) The Selected Bidder (Service Provider) has to get itself annually audited by
internal/ external empaneled Auditors appointed by the Bank/ inspecting official
from the Reserve Bank of India or any regulatory authority, covering the risk
parameters finalized by the Bank/ such auditors in the areas of products (IT
b) Where any deficiency has been observed during audit of the Service Provider
on the risk parameters finalized by the Bank or in the certification submitted by
the Auditors, the Service Provider shall correct/resolve the same at the earliest
and shall provide all necessary documents related to resolution thereof and the
auditor shall further certify in respect of resolution of the deficiencies. The
resolution provided by the Service Provider shall require to be certified by the
Auditors covering the respective risk parameters against which such
deficiencies have been observed.
c) Vendor shall keep complete and accurate records of its activities in connection
with the said contract. Vendor shall provide such details/information as may be
called for by the Bank and/or the Reserve Bank of India (RBI) and also allow
the Bank and RBI, their auditors, officers for inspecting, examining and auditing
Vendor’s records, whenever required by Bank/RBI. Vendor will co-operate with
the RBI/Bank’s internal or external auditor to assure a prompt and accurate
audit. If the Bank permits the Vendor to outsource any of the activities under
this contract (which shall always be in writing), the Vendor shall ensure that
necessary agreement is entered into with the Agency engaged for such
purpose and such agreement shall also contain necessary mandate by the said
outsourced agency interalia agreeing for production of documents called for,
inspection and audit of their premises and books by RBI and / or the Bank and
any Agencies engaged by the Bank and / or by the RBI. Vendor shall also
correct any practices which are found to be deficient if pointed out by the
RBI/Bank. The Vendor is aware that failure to provide the information called for
within the stipulated time to the Bank/RBI may result in RBI imposing fine on
the Bank /Vendor and the Vendor agrees that all such fine shall be paid by the
Vendor irrespective of whether such fine is levied on the Bank or the Vendor.
Payment of fine by Vendor, shall not affect the right of the Bank/RBI to take
other actions against the Vendor.
4.49 Right to Defective Product
If after delivery, acceptance and installation and within the warranty period, the
operation or use of the product is found to be unsatisfactory, the Bank shall
have the right to continue to operate or use such product until rectification of
defects, errors or omissions by partial or complete replacement is made without
interfering with the Bank’s operation.
Any notice given by one party to the other pursuant to this contract shall be
sent to other party in writing or by email and confirmed in writing to other Party’s
address. The notice shall be effective when delivered or on the notice’s
effective date whichever is later.
The Bank intends that the selected Bidder/s shall have the single point of
contact who will be responsible for fulfilling all obligations and providing all
deliverables and services required for successful implementation of this
project, notwithstanding the fact that the selected Bidder/s may procure
services of third party suppliers, to perform all or part of the obligations
contained under this RFP.
The Vendor shall be liable to pay all corporate taxes and income tax that shall
be levied according to the laws and regulations applicable from time to time
in India and the price bid by the Bidder shall include all such taxes in the
contract price.
Wherever the laws and regulations require deduction of such taxes at the
source of payment, the Bank shall effect such deductions from the payment
due to the Vendor. The remittance of amounts so deducted and issuance of
certificate for such deductions shall be made by the Bank as per the laws and
regulations in force. Nothing in the Contract shall relieve the Vendor from his
responsibility to pay any tax that may be levied in India on income and profits
made by the Vendor in respect of this contract.
iv. Prices payable to the Vendor as stated in the Contract shall be firm and not
subject to adjustment during performance of the Contract, irrespective of
reasons whatsoever, including exchange rate fluctuations, any upward revision
in Custom duty. The Bidder will pass on to the Bank, all fiscal benefits arising
out of reductions, if any, in Government levies viz. custom duty or the benefit
of discounts if any announced in respect of the cost of the items for which
orders have been placed during that period
i. Bank will intimate the Vendor/s the locations with PBKs having recurring
uptime issues (less than 90%) as observed over a period of a continuous
period of any three months.
ii. Vendor should replace such Make and Model of PBKs having inherent/
perennial problems with a new PBK within one month from the date of
issuance of intimation/notice by the Bank.
iii. If there is a delay in replacement of the aforesaid PBKs, viz. not replaced
within the stipulated period of one month, Bank will withhold payment of
monthly charges for such PBKs till they are replaced. However, Bank will
continue to use those PBKs, so as not to inconvenience the customers.
4.54 Assignment
ii. Service Provider shall not transfer or assign at any stage, during the currency
of this agreement, any of its duties, responsibilities, obligations and benefits
of this agreement to any third party without the prior written consent of the
Bank, except where Service Provider assigns this agreement to an Affiliate
or a Joint Venture or to any entity which acquires the entire or partial stock
or assets of Service Provider. However, prior notice has to be given to the
Bank in all such cases.
iii. Bank can transfer or assign any service or all services under this agreement
at any stage to an Affiliate/ subsidiary/Joint Venture etc. during the currency
of this agreement and inform to the vendors.
Bank reserves the right to place order for additional 15% PBKs that is 405
PBKs in addition to 2700 PBKs at the contracted rates and terms and
conditions with the selected Vendor/s upto end of contract period. The
purchase orders for additional 15% PBKs will be distributed to the L1/L2
Vendors or L1 and L2 (the Vendors to whom the contract is awarded) in the
same ratio as per original proportion.
“Gross Negligence” means any act or failure to act by a party which was in
reckless disregard of or gross indifference to the obligation of the party under this
Agreement and which causes injury, damage to life, personal safety, real
property, harmful consequences to the other party, which such party knew, or
would have known if it was acting as a reasonable person, would result from such
act or failure to act for which such Party is legally liable. Notwithstanding the
forgoing, Gross Negligence shall not include any action taken in good faith.
i. Limitation of Liability
The limitations set forth herein shall not apply with respect to:
ii. Confidentiality
b) The Vendor agrees to keep in confidence and not disclose to any third
party and all Confidential Information available to the vendor and
whether such information is given in writing or oral or visual, to indicate
the claims of ownership and/or secrecy or otherwise. The Vendor
c) The Vendor shall also ensure that its officials/employees and if vendor
is permitted by the Bank in writing to assign, delegate or hire another
person to assist it in the performance of its obligations under this
Agreement, such person also shall maintain the confidentiality of the
Confidential Information in the same manner as the vendor bound to
maintain the confidentiality.
b) During the Term of this Project and, if applicable, during the Reverse
Transition Period, Bank grants Vendor a right to use at no cost or charge
the Software licensed to the Bank, solely for the purpose of providing
the Services and same should be included in commercial bid.
b) For the purpose of this clause “Confidential Information” shall mean all
nonpublic information, of the Bank and its customers which is
accessible by or is available to the Vendor directly or indirectly, whether
in writing, oral, graphic, visual or any other tangible, intangible or
electronic form including, without limitation, any and all information
relating to the Bank's staff or its clients/customers (whether past,
present, or future), financial data, financial results and projections, costs
and prices, details of Banks employees and consultants (past, present
The Recipient must apply its own care and conduct its own investigation
and analysis regarding any information contained in the RFP document
and the meaning and impact of that information.
a) Each Recipient acknowledges and accepts that the Bank may, in its
sole and absolute discretion, apply whatever criteria it deems
appropriate in the selection of organisations, not limited to those
selection criteria set out in this RFP document.
Each Recipient should notify the Bank of any error, fault, omission, or
discrepancy found in this RFP document but not later than five business
days prior to the due date for lodgment of Response to RFP.
The Bank reserves the right to verify any or all of the statements made
by the Bidder in the tender document and to inspect the Bidder’s facility,
if necessary, to establish to its satisfaction about the Bidder’s
capacity/capabilities to perform the job.
The Bank reserves the right to cancel the contract of the selected Bidder
and recover expenditure incurred by the Bank on the following
circumstances.
d) If the delivery of PBKs is delayed by more than two weeks from the due
date of delivery / If deductions on account of liquidated Damages
exceeds more than 5% of the total contract value.
xiv. Disqualification:
a) The Vendor shall undertake to observe, adhere to, abide by, comply with
and notify the Bank about all laws in force or as are or as made applicable
in future, pertaining to or applicable to them, their business, their
employees or their obligations towards them and all purposes of this
contract and shall indemnify, keep indemnified, hold harmless, defend
and protect the Bank and its employees/officers/staff/
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
b) Further the Vendor 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/ staff/ 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 there from and the Bank will give notice of any such
claim or demand of liability within reasonable time to the Vendor.
c) The Vendor is not absolved from its responsibility of complying with the
statutory obligations as specified above. Indemnity would not be limited
to court awarded damages and shall include indirect, consequential and
incidental damages. Indemnity would cover damages, loss or liabilities
suffered by the Bank arising out of claims made by its customers and/or
regulatory authorities.
xviii. Publicity:
xix. Variation:
Bank of India may at any time during the contract require the Bidder to revise
the Deliverables, Equipment, Services or Supplies including Completion
Date. In an event of such nature, Bank of India will request the Bidder to state
in writing the effect such variation will have on the work schedule. The Bidder
shall furnish these details, in writing, in two weeks from the receipt of such
request.
Bidder shall not have a conflict of interest (the “Conflict of Interest”) that
affects the bidding process. Any Bidder found to have a Conflict of Interest
shall be disqualified. In the event of disqualification, the Bank shall be entitled
to forfeit and appropriate the Bid Security and/or Performance Security
(Performance Bank Guarantee), as the case may be, as mutually agreed
upon genuine estimated loss and damage likely to be suffered and incurred
by the Bank and not by way of penalty for, inter alia, the time, cost and effort
of the Bank, including consideration of such Bidder’s proposal (the
“Damages”), without prejudice to any other right or remedy that may be
available to the Bank under the bidding documents and/ or the Concession
Agreement or otherwise. Without limiting the generality of the above, a Bidder
shall be deemed to have a Conflict of Interest affecting the bidding process,
if:
a) the Bidder, its Member or Associate (or any constituent thereof) and
any other Bidder, its Member or any Associate thereof (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply in
cases where the direct or indirect shareholding of a Bidder, its Member
or an Associate thereof (or any shareholder thereof having a
shareholding of more than 5% (five per cent) of the paid up and
subscribed share capital of such Bidder, Member or Associate, as the
case may be) in the other Bidder, its Member or Associate, has less
than 5% (five per cent) of the subscribed and paid up equity share
capital thereof; provided further that this disqualification shall not apply
to any ownership by a bank, insurance company, pension fund or a
public financial institution referred to in section 4A of the Companies
Act, 1956. For the purposes of this Clause, indirect shareholding held
through one or more intermediate persons shall be computed as
follows:
d) Such Bidder has the same legal representative for purposes of this Bid
as any other Bidder; or
The Bidder and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the bidding process.
Notwithstanding anything to the contrary contained herein, the Bank shall
reject an Application without being liable in any manner whatsoever to the
Bidder if it determines that the Bidder has, directly or indirectly or through an
agent, engaged in corrupt/fraudulent/coercive/undesirable or restrictive
practices in the bidding process.
a. Without prejudice to the rights of the Bank, if a Bidder is found by the Bank
to have directly or indirectly or through an agent, engaged or indulged in
any corrupt/ fraudulent/ coercive/ undesirable or restrictive practices during
the bidding process, such Bidder shall not be eligible to participate in any
EOI/RFP issued by the Bank during a period of 2 (two) years from the date
if such Bidder is found by the Bank to have directly or indirectly or through
an agent, engaged or indulged in any corrupt/ fraudulent/ coercive/
undesirable or restrictive practices, as the case may be.
b. For the purposes of this Clause , the following terms shall have the
meaning hereinafter, respectively assigned to them:
(d) “Undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Bank with the objective
of canvassing, lobbying or in any manner influencing or attempting to
influence the bidding process; or (ii) having a Conflict of Interest; and
The Vendor shall have to comply with Bank’s IT & IS Security policy in key
concern areas relevant to the RFP, details of which will be shared with the
finally selected Bidder/s. Some of the key areas are as under:
iii Custodial responsibilities for data, software, hardware and other assets of
the Bank being managed by or assigned to the Vendor
xii Data at rest and data in transit are to be encrypted or decrypted as per the
approach as suggested by Bank.
xiii Data integrity to be ensured using hashing like SHA 2 (minimum 256 bits).
xv Vendor has to ensure that bare essential minimum ports required for the
functioning of the kiosk to be available. External devices like CD-ROM or Pen
drive or any other device shall not be connected. All the USB ports shall be
disabled for removable and bootable storage access. No Mass
Storage/Memory devices should be accessible through USB.
xvi Vendor should follow the documented process and policy for installing
software provided by the Bank. In addition to this, installation of new software
should be restricted to users with Admin rights (Bank Officials) only.
xvii Vendor should ensure to provide kiosks which are compatible with Bank's AD
policy for Windows.
xviii The device should have certificate based authentication and each device
should be separately identifiable through a unique device ID which will be used
for authentication purpose. This is a certificate based client authentication. The
server may require the Kiosk application to submit a client certificate for
authentication. Upon receiving the certificate, the server would then use it to
identify the certificate's source and determine whether the client should be
allowed access.
xix Vendor has to ensure that secured channel/ports is used for communication.
xxi The vendor (Selected Bidder) has to provide one Kiosk of each model with all
the security features for UAT testing / IS Clearance at Bank’s BKC office and
xxii Vendor will adhere to BOI Information Security requirements including regular
reviews, change management, port management, patch management, backup
management, access management, log management etc.
xxiii Vendor gives right for recalling data by the bank as and when required by the
bank.
xxiv Vendor agrees to comply with Regulatory and Statutory compliances at vendor
site especially section 43A of IT Act 2000.
xxv Vendor agrees not to share data with any third party without explicit written
permission from competent Information Owner of the Bank including the Law
Enforcement Agencies.
xxvi PBK Servers and PBK should be integrated with Bank’s AD Server, Anti-virus
System, Application whitelisting, DL,NAC and EDR System. Vendor has to
provide the APIs.
xxvii PBK Servers should be integrated with Bank’s SIEM, DAM, PIM, etc.
Security Systems. Vendor has to provide the APIs.
xxviii Patching should be carried out on monthly basis and on immediate basis, in
Critical/High Severity Patch. Monthly patch report need to be submitted by the
Bidder to the Bank.
xxix VAPT, SCD, RBI Audit, Risk Assessment and Internal Audit Observations
should be complied by the Bidder without any cost to the Bank.
xxx Proper Logs should be maintained by the Bidder for Server, Application and
database and any other components which are supplied under this RFP by the
Bidder.
xxxi All communications should be encrypted during transit, at rest and during
processing as per best industry security standards with robust key
management for the supplied solution for its interfaces with Bank’s Existing
systems.
5.1 The Bidder should provide Bar Code based Passbook printing Kiosk Solution,
including but not limited to providing of the required Hardware, Softwares,
Databases, Middlewares, Third Party Utilities, if any, and installation, testing,
commissioning, warranty, annual maintenance, required/guaranteed uptime,
etc. The system will have to be integrated with the existing Core Banking
System of the Bank and also when the CBS is migrated to another version
without any cost implication for the bank. In this direction, successful bidder
will liaison and implement necessary configuration with the network and other
hardware vendors of the Bank. Vendor to provide APIs and updated ISO format
on upgrading to new version of CBS.
5.2 The Kiosk should be compact, sleek and edgeless and should have the mobility
of plug and play.
5.3 The Bar Code printing solution should be such that it should be capable of being
ported at a centralized location, and accessible from any of our branches, for
printing of bar codes on the passbook.
5.4 The vendor will have to provide the necessary interface to all the application
software’s being run at branches, wherever required by the Bank.
5.5 The bidder will have to buy-back the outer box of the existing passbook
printing kiosk as per the bank requirement. The bidder will have to pay as per
Reverse auction (excluding taxes) for each kiosks. The buy-back payments
may be adjusted against the total invoices payable for Barcode based
Passbook Printing Kiosks. The bidder will have to arrange and bear the pick-
up cost, logistics cost from the kiosk location. The bidder cannot refuse to pick
up any of the kiosk. These kiosks are to be bought back by the selected bidder
on ‘as is where is’ basis. These kiosks may be located at the locations other
than the locations where Barcode based passbook printer kiosks are to be
delivered. Bidder has to arrange for the pick-up within 60 days of the order
given by the bank. The bidder will have to delete the applications installed in
the kiosks before de-installation of the machine and will provide certificate in
this regard.
5.6 PBK should be compatible to print, all the barcoded passbook which are
already in use. Provided solution should work for all types of passbooks
including printing passbooks in Hindi or regional language as desired by the
Bank.
5.10 The bank will have with an option of procurement of additional quantity up to
15% of 2700 i.e. 405 additional kiosks on its sole discretion, if needed.
5.12 To provide all necessary hardware and software required to make the solution
work strictly as per technical specifications. The specifications given are
minimum. Bidders can quote equivalent or higher technical specifications to
meet the Bank’s requirements. Extra marks will be awarded in technical
evaluation for higher configurations.
5.13 The bidder will have to provide the necessary interface to all the application
software being run at kiosks, wherever required by the Bank at no additional
cost.
5.14 The bidder/s will be responsible for integration with CBS through Middleware
and subsequent upgrade if any during currency of the contract without any
additional cost to the bank. The vendor has to address all the VAPT point,
apply required patches with respect to Application, servers, Database &
Operating Systems.
5.15 The system should be capable of centrally pushing the Bank's advertisements,
application updates to all the Kiosks, pushing patches to kiosks in bulk
5.16 One resource per 1500 Kiosks and one L2 resource per 2700 Kiosks should
be provided by bidder to manage Remote Monitoring Management System
(RMMS), Interface server, MIS, Call complaints/monitoring etc., faster
resolution of issues at no extra cost to the Bank. It is assumed that one
resource can handle a maximum of 1500 Kiosks and one L2 resource can
handle a maximum of 2700 Kiosks. In addition to L1 and L2 resources the
following will also be provided by the bidder:
5.17 The bidder will have to provide and deploy the necessary functionality for
printing narration of entries in Hindi language, at no extra cost, so that the
customers are able to print their transactions in Hindi language also. The
translation to Hindi language will be provided by the Bank. The kiosk shall also
be enabled with guiding instructions in Hindi and other local language.
5.18 Bidder will have to develop monitoring tool (RMMS) for component wise
monitoring of kiosks including monitoring of ribbon ink and for auto call logging
of non-functional kiosks (including ribbon replacement alert) indicating the
exact error for non-operational, at no extra cost.
5.19 Bidder will have to integrate their RMMS with the Health Monitoring dashboard
of the Bank, at no extra cost. Integration of existing PBKs with the newly
procured PBK software solution for monitoring purpose also to be done at no
extra cost.
5.20 The bidder will be responsible for complying with the security policies of bank
(both kiosk and server end) at no extra cost.
5.21 Full RMMS support including but not limited to applying SCD on servers,
maintenance of servers, VA/PT and bug fixing, back up and restoration of
databases at no extra cost.
5.22 Source code (both kiosks and RMMS) to be certified by a certification agency
or Bank empanelled CISA Certified Auditors, to be free of defects and
malware/virus, as and when required by the bank at no additional cost.
5.23 Bidder has to comply with all the guidelines related to PB printing kiosks
(software) and mandated by Central/ State Govt. bodies, RBI etc. during the
course of contract period at no extra cost to bank.
5.24 The successful Bidder shall have to enter into “Service Levels Agreement”
having all terms and conditions of this RFP to maintain uptime and provide the
service support and onsite support during the entire contract period.
5.25 Any technical glitch/ issue in installed infrastructure of the solution (i.e. System
and software, OS/DB etc.) should be attended on priority and should be covered
under warranty/AMC.
a. “Downtime” shall mean the time period for which the specified services /
components with specified technical and service standards are not available to
Bank and excludes the scheduled outages planned in advance and the
bandwidth link failures within SLA limits agreed with network service providers.
5.28 The business hours are 09.00 A.M. to 06:00 P.M. on any working day.
5.29 Typical Resolution time will be applicable if systems are not available to the
Bank‘s users and customers and there is a denial of service.
5.30 For penalty calculation, the total time elapsed between the intimation of break
down message from Bank side to the vendor and receipt of rectification message
from the Bidder to Bank side will be considered.
5.32 Post warranty period, the penalty will be deducted in quarterly FMS/AMC/ATS
payment. In case, the Bank is unable to adjust penalty in FMS/AMC/ATS
payment, the Bank at its discretion may invoke the Performance Bank Guarantee
(PBG) to deduct the penalty amount.
5.33 If the support services is not provided and/or satisfactory services are not
provided, the Bank with its discretion may reject the proposal / terminate the
contract, without assigning any reason after giving a notice period of 90 days.
5.34 For calculation of uptime (penalty), planned/ scheduled down time will be
exempted. Bank will pay the Bidder after deducting the calculated penalty from
the payable amount.
5.35 If any critical component of the entire configuration setup is out of service, then
the Bidder & OEM shall either immediately replace the defective unit (with new
one) or replace it at its own cost or provide a standby, on immediate basis, not
more than 4 hours, the Bidder should maintain proper inventory of standby
components for early resolution of issues.
5.36 If the Bidder, having been notified, fails to remedy the defect(s) within the 2 hours’
time duration from the incident, the Bank may proceed to take such remedial
action as may be necessary, at the Supplier’s risk and expense and without
prejudice to any other rights, which the Bank may have against the supplier under
the Contract.
5.37 The Bidder should comply with the security and audit standards of the Bank and
various regulatory guidelines. For this, the Bidder should apply new patches
related to OS/ firmware & BIOS updates etc. without any additional cost to the
bank, during the contract period.
5.38 For all issues related to installed infrastructure/ Software, RCA (Root Cause
Analysis) to be provided by the respective OEM within 2 working days. The delay
in submission will lead to penalty @ Rs. 300/day.
5.39 Replacement/ Repair of faulty part of provided Solution, Appliance and all other
components- All defective parts/ faulty shall be replaced as part of maintenance
at no additional cost by the Bidder. Replacement parts shall be new part from the
same manufacturer(s) (OEM). Whether a defective item or component is to be
5.40 Response Time: Maximum Response Time for Remedial Maintenance under the
CONTRACT is measured in elapsed coverage hours from the time a service
request is received to the time THE VENDOR’s customer engineer arrives at
Bank Site.
i. RPO and RTO – The RPO and RTO service levels will be measured by
using Automated Recovery Management Tool , SI to ensure the
measuring is done as per SLA and the reports are provided on a monthly
basis.
RPO=A recovery point objective (RPO) is the maximum acceptable
amount of data loss measured in time.
ii. Integration with all IT/ Security Solutions procured by the Bank as per RBI
Guidelines time to time; along with integration with any solutions / product /
application without any additional cost to the bank.
iii. Integration with all of the Banks interfaces at no extra cost to the Bank.
IMPORTANT Note:
1. The Bidder should mention in seriatim, whether all the features as mentioned are:
A – Readily Available
2. The Bidder should also mention in seriatim comments, if any, for all the features.
If there is no comment; it would be construed that the feature/requirement will be
made available without any deviation thereto.
3. Weightage will be given on the above A, C, N items for the purpose of evaluation
as the Bank may deem fit.
Hardware
Feature Validation Marks Comments
Criteria (A=5)
(fill any (C=2)
one of (N=0)
A/C/N)
1 Monitor
1.1 Factory Fitted Touch Monitor with
IP 65 rating ( Dust Tight and
protected against water projected
from a nozzle )
2 CPU
4 Operating System
4.1 The Operating System on kiosk
should be GUI based (TCP/IP
enabled) and supported by OS
provider
5 Kiosk
5.1 Keyboard and mouse for
maintenance purposes and the
same are to be placed inside the
kiosks or as decided by the Bank
6 Network
6.1 Should be able to connect to any
type of network switch. Bank will
provide LAN port (RJ45).
7 Power
7.1 Support input voltage of 230 V AC/
50 Hz +- 5% variation. Bank will
provide power point.
Software
8 Application
8.1 Desired Work Flow : Pass Book
Printing Kiosk terminal (Thick
client/ Web based*) -> Middleware
-> Core Banking -> Middleware ->
Pass Book Printing Kiosk terminal
(Thick client/ Web based*)
(*Web based Passbook Printing
Kiosk Application (Kiosk/restricted
mode) compatible with latest
version of browser
(IE/Edge/Chrome) with URL
whitelisting to be preferred)
8.2 Will be a communication tool and
will maintain log for all transactions
between Pass Book Printing kiosk
and Core Banking.
9 RMMS
9.1 Multi - Level Categorization
/Grouping of Kiosks in RMMS
(Zone wise, Centre wise, State
wise)
10 Display Message
10.1 Display of messages/instructions
to the customers in multilingual
capability i.e. Hindi, English and
any one regional language (to be
decided by Bank). Display of Low
ink in printer and replace of ribbon
on the screen. Total of 13 regional
languages support required
12 FLM
14 Helpdesk
14.1 Dedicated Call center for incident
management and providing
support to branches for resolution
of complaints
15 Information Security
15.1 Comply with security guidelines
specified in Annexure – G ( Bidder
to submit compliance certificate in
line with Annexure G on their letter
head)
Technical evaluation will be qualifying and minimum marks for qualification is: 400
Sr.
No. Parameters Total Marks Marks Allotted
Compliance of Technical
1 Specifications – Part 6 385
2 Kiosk Design 10
3 Innovations 10
The installations shall be completed within three months from the date of
acceptance of Purchase Order. However Bank reserves the right to place
Purchase order in one go or in stages. The price quoted shall be valid for a
period of 1 year.
Bank shall advise the priority list if any, which shall be complied with
i. The Vendor shall provide such packing of the products as is required to prevent
its damage or deterioration during transit thereof to the location given by the
Bank. The packing shall be sufficient to withstand, without limitation, rough
handling during transit and exposure to extreme temperature, salt and
precipitation during transit and open storage. Size and weight of packing cases
shall take into consideration, where appropriate, the remoteness of the Products
final destination and the absence of heavy handling facilities at all transit points.
ii. Delivery, installation and commissioning of the equipment shall be made by the
Vendor in accordance with the system approved / ordered and within the time
schedule given in the Scope of work given in PART 5 of this document.
iii. The delivery will be deemed complete when the equipment’s/ components/
associated software/firmware are received in good working condition at the
designated locations, mentioned in this RFP.
iv. The installation will be deemed to be completed, when the product including all
the hardware, accessories/components, firmware/system software, and other
associated software have been supplied, installed and operationalised as per
the technical specifications and all the features as per the technical
specifications are demonstrated and implemented as required, on the systems,
to the satisfaction of the Bank. The Bidder has to resolve any problem faced
during installation and operationalization.
the Acceptance Test, the Bidder shall take remedial measures including
upgradation of any of the components thereunder, including replacement
thereof, at no additional cost to the Bank within a fortnight from the date of
notification of the same to the vendor. The vendor should ensure that the
product meets the requirements of the Bank as envisaged in the RFP.
vi. The details of the documents to be furnished by the Vendor are specified
hereunder:-
viii. Penalties as specified in Annexure-H will be applicable for the any kind of
default in delay in delivery, installation/commissioning/support etc. expected in
scope of work which will be deducted at the time of making payment(s).
ix. In addition to the penalty on delayed supplies, Bank also reserves the right to
cancel the Purchase Order and forfeit the EMD. In the event of such
cancellation, the vendor is not entitled to any compensation, whatsoever.
x. For the System & other Software/firmware required with the hardware ordered
for, the following will apply:-
d) The ownership of the software license shall be that of the Bank from the
date of delivery of the same. In other words, wherever the ownership of
the licenses is indicated, the name “Bank of India” must appear to indicate
that the Bank is the perpetual owner of the software/license. Evidence to
this effect must be submitted before the payment can be released.
7.2 SERVICES:
ii. The Bidder should also submit as part of technical Bid an overview of Project
Management approach of the proposed product.
iii. Bidder should ensure that vendor’s key personnel with relevant skill-sets are
available to the Bank.
iv. Bidder should ensure that the quality of methodologies for delivering the products
and services, adhere to quality standards/timelines stipulated therefor.
v. Bidder shall be willing to transfer skills to relevant personnel from the Bank, by
means of training and documentation.
vi. Bidder shall provide and implement patches/ upgrades/ updates for products
(Software/ Firmware/ OS) as and when released by the Vendor/ OEM or as per
requirements of the Bank. Bidder should bring to notice of the Bank all releases/
version changes.
vii. Bidder shall obtain a written permission from the Bank before applying any of the
patches/ upgrades/ updates. Bidder has to support older versions of
viii. Bidder shall provide maintenance support for Hardware/ Software/ Operating
System/ Middleware over the entire period of contract.
ix. All product updates, upgrades & patches shall be provided by the Bidder/ Vendor
free of cost during warranty and AMC/ ATS.
xi. The ownership of the software/firmware license and the hardware shall be that of
the Bank from the date of delivery of the same to the Bank. In other words, wherever
the ownership of the licenses/hardware is indicated, the name “Bank of India” must
appear to indicate that the Bank is the perpetual owner of the hardware/operating
software/firmware, etc. associated with the hardware. Evidence in this regard must
be submitted before the payment is released.
xii. The Bidder shall keep the Bank explicitly informed the end of support dates on
related products/hardware/firmware and should ensure support during warranty and
AMC/ATS.
Payment of initial cost of PBK {upto 80 % of cost of PBK (30% + 40% + 10%)} , will
be done centrally by Head Office. PBG for 20 % also to be submitted to Head Office.
Final release against PBG shall also be done by HO.
To,
The General Manager
Bank of India
Head Office, Digital Banking department
6th Floor, Star House II,
Plot No.C-5, G-Block, Bandra Kurla Complex,
Bandra (E), Mumbai 400 051
Dear Sir,
PART I - Table 1
Item A Price per one unit
(in Rs)
Total Price for
[inclusive of all
taxes, exclusive of 2700 Kiosk
GST]
Barcode based Passbook Printing
Kiosk Solution including Passbook
Printing Application, including but not
limited to providing of the required
Hardware, Software, Databases, Third
Party Utilities, integration, RMMS and
all other related costs
Total (A)
PART I -Table 2
Item B Per Unit rate Total Price in Rs.
Cost for Middleware including RMMS
Application for 2700 Kiosks
Total (B) = 1% of Total Cost of 2700 Passbook Kiosk
Remarks
Sr. no Buyback Price per unit Total Cost (max. 2700 units)
Table 4
PART III
Table 5
Table 6
Table 8:
Sr. no Grouting cost per Kiosk Total Cost (max. 2700 units)
Total =
Remarks
Signature of Bidder :
Name :
Date :
Place :
1. Price quoted should be inclusive of all costs, duties, levies, taxes and all other
applicable charges excluding GST,
2. In case of discrepancy between figures and words, the amount in words shall
prevail.
4. All user licenses for O/S, Database, Application etc. should be as per our
Technical and Functional Specification (TFS).
5. Annual Maintenance Charges (AMC) will be paid at 15% of the Unit cost per
annum and Annual technical Support (ATS) for the enterprise wide middleware
solution will be paid at 15 % per annum after expiry of warranty period of 1 year,
for four years. The amount representing AMC/ATS will be paid quarterly in
arrears. Bank will analyze the PBK performance for period of 1 year and then
may or may not give the AMC to the successful bidder.
6. In case AMC is given to any other vendor for maintenance of hardware, in such
case no AMC will be paid for the hardware, however bank will pay ATS for the
Middleware solution including RMMS application @ 15% per annum. The
amount representing ATS will be paid quarterly in arrears.
Bank of India reserves the right to accept the lowest bid either in full or part
thereof or totally reject the bid. Bank of India/RRBs may distribute the tendered
scope to more than one bidder at any of the locations.
Bank of India reserves the right to have multiple vendors as per internal and
external business requirement provided other vendors match the price quoted
by L1/L2.
Ratio for distribution shall be 60% & 40% between L1 & L2 out of the total
quantity.
Signature of Bidder:
Name:
Business Address:
Place: Date:
Date : ...............................
To:
Bank of India,
Digital Banking Department,
6th Floor , Star House II,
C-4, G-Block, Bandra Kurla Complex
Bandra(East),Mumbai-400051.
Sir / Madam,
Having examined the captioned tender document, the receipt of which is hereby
duly acknowledged, we, the undersigned, offer to provide PBK installation and
commissioning in conformity with the Terms and Conditions of the captioned RFP
and at the prices offered as per the Price bid and is made part of the bid / this offer.
I. Price quoted in bid has been arrived without agreement with any other bidder
of this RFP for the purpose of restricting competition.
II. The prices in the bid have not been disclosed and will not be disclosed to any
other bidder of this RFP.
III. We have not induced nor attempted to induce any other bidder to submit or not
submit a bid for restricting competition.
If our Bid is accepted, we will obtain the guarantee of a Public sector Bank or
Reputed Private sector Bank for the due performance of the Contract, for an amount
equivalent @ 3% of the total contract value for the entire period of contract in the
format prescribed by the Bank.
We agree to abide by the Bid and the rates quoted for a contract period from date
of contract / Service Level Agreement up to 5 years which shall remain binding upon
us.
Until a formal contract is prepared and executed, this Proposal, together with your
written acceptance thereof and your notification, shall constitute a binding contract
between us.
We undertake that, in competing for (and, if the award is made to us, in executing)
the above contract, we will strictly observe the laws against fraud and corruption
in force in India namely “Prevention of Corruption Act 1988”.
We understand that Bank is not bound to accept the lowest or any Bid that may be
received.
(Signature)
(Name)
The Bidder must have an annual Copy of the audited Balance Sheet
4. turnover of minimum Rs 30 crores and / or Certificate of the Chartered
in two out of four FYs 2017-2018, Accountant for preceding three
2018- 2019, 2019-20, 2020-21 years.
Details filled in this form must be accompanied by sufficient documentary evidence, in order
to facilitate the Bank to verify the correctness of the information.
2. Financial Details
2.1 Annual Turnover (2016-17) Total Turnover Copy of Audited Balance Sheet/
Out of which: : PBK related Indian Annual report
Operations
2.3
2.4 Annual Turnover (2019-20) Total Turnover Out Copy of Audited balance
Of which: : PBK related Indian operations sheet/annual report
2.5 Annual Turnover (2020-21) Total Turnover Out Copy of Unaudited balance
Of which: : PBK related Indian operations sheet/annual report
3. Operational Details
3.1 Names of the Banks to whom the Bidder Enclose reference letters from
provides PBK Services with Number of PBKs the Banks concerned with
details of no. of years the
Service is provided by the
Bidder, Nature of the Service
and no. of PBKs managed.
(O / S
To:
Bank of India,
Digital Banking Department,
6th Floor , Star House 2,
C-4, G-Block, Bandra Kurla Complex
Bandra (East), Mumbai-400 051.
Sir / Madam,
1. The systems offered and the services to be delivered for deployment and
management of the PBKs including that of the services of third party service
providers and subcontractors proposed to be availed by us will operate
effectively.
2. We further confirm that we accept full responsibility for its successful operation.
3. We further undertake that we are the single point of contact for any/all purpose.
4. We further submit that we do have required back to back agreement with all the
third party vendors / subcontractors. We submit that documentary proof by way
of copy of agreement with the subcontractors or third party service providers will
be provided by us as and when required by the Bank.
(signature)
Note: The certificate is applicable if bidder offers the products / services through other
service provider / subcontractor.
Date : .............................
To:
Bank of India,
Digital Banking Department,
6th Floor , Star House 2,
C-4, G-Block, Bandra Kurla Complex
Bandra (East), Mumbai-400 051.
Sir / Madam,
We certify that we have carefully examined the Scope of Work stipulated in Part 5 of
the captioned RFP floated by you.
We hereby undertake to deliver services in its entirety as per the Scope stipulated
inter-alia under following descriptions:-
1. Bar Code based Passbook printing Kiosk Solution, including but not limited
to providing of the required Hardware, Softwares, Databases, Middlewares,
Third Party Utilities, if any, and installation, testing, commissioning, warranty,
annual maintenance, FLM, SLM , call logging required/guaranteed uptime,
etc. The system will have to be integrated with the existing Core Banking
System of the Bank. In this direction, successful bidder will liaison and
implement necessary configuration with the network and other hardware
vendors of the Bank.
2. The Kiosk should be compact, sleek and edgeless and should have the
mobility of plug and play.
3. The Bar Code printing solution should be such that it should be capable of
being ported at a centralized location, and accessible from any of our
branches, for printing of bar codes on the passbook.
4. The vendor will have to provide the necessary interface to all the application
software’s being run at branches, wherever required by the Bank.
5. One resource should be provided by bidder to manage Remote Monitoring
Management System (RMMS), Interface server, MIS, Call
complaints/monitoring etc. at no extra cost to the Bank for every 1500 kiosk.
This support is required for contract period of 5 years. The resources will be
at the disposal of the Bank.
(signature)
No. Date:
To:
Dear Sir,
2.We hereby extend our full guarantee and warranty for the Solution, Products and
services offered by the above firm against this Bid Invitation. We also undertake to
provide any or all of the following materials, notifications, and information pertaining to
the Products manufactured or distributed by the Supplier :
a. Such Products as the Bank may opt to purchase from the Supplier, provided,
that this option shall not relieve the Supplier of any warranty obligations under
the Contract; and
Yours faithfully,
(Name)
(Name of Manufacturer)
Bidder
Note :This letter of authority should be on the letterhead of the manufacturer and should be
signed by a person competent and having the power of attorney to bind the
manufacturer. The Bidder in its Bid should include it, duly countersigned
1. In this Agreement words and expressions shall have the same meanings as
are respectively assigned to them in the Conditions of Contract referred to.
2. The following documents of RFP No: BOI/HO/ DBD/PBK/2021-22/7 dated
21-01-2022 shall be deemed to form and be read and construed as part of
this Agreement, viz.:
PART I -Table 2
Item B Per Unit rate Total Price in Rs.
Cost for Middleware including
RMMS Application for 2700 Kiosks
Remarks
PART I- Table 3
Buyback of existing PBK (only outer Box does not include Pass Book Printer
and computer unit)
Sr. no Buyback Price per unit Total Cost (max. 2700 units)
Table 6
Table 7:
Sr. no Module Price per unit for Price in Rs. (Maximum ceiling
the part in Rs. price)
1 Minimum 20% and
CPU Maximum 30% of Unit Price
Item A
2 Minimum 15% and
Monitor + Speaker Maximum 20% of Unit Price
Item A
Table 8:
Sr. no Grouting cost per Kiosk Total Cost (max. 2700 units)
L3 Resource
Remarks if any
Signature of Bidder :
Name :
Date :
Place :
Important Notes:
1. Price quoted should be inclusive of all costs, duties, levies, taxes and all other
applicable charges excluding GST,
2. In case of discrepancy between figures and words, the amount in words shall
prevail.
4. All user licenses for O/S, Database, Application etc. should be as per our
Technical and Functional Specification (TFS).
5. Annual Maintenance Charges (AMC) will be paid at 15% of the Unit cost per
annum and Annual technical Support (ATS) for the enterprise wide middleware
solution will be paid at 15 % per annum after expiry of warranty period of 1 year,
for four years. The amount representing AMC/ATS will be paid quarterly in
arrears. Bank will analyze the PBK performance for period of 1 year and then
may or may not give the AMC to the successful bidder.
6. In case AMC is given to any other vendor for maintenance of hardware, in such
case no AMC will be paid for the hardware, however bank will pay ATS for the
Passbook printing Application and Middleware solution including RMMS
application @ 15% per annum. The amount representing ATS will be paid
quarterly in arrears.
Bank of India reserves the right to have multiple vendors as per internal and
external business requirement provided other vendors match the price quoted
by L1/L2.
Ratio for distribution shall be 60% & 40% between L1 & L2 out of the total
quantity.
Signature of Bidder:
Name:
Business Address:
Place:
Date:
(Bank Guarantee valid for 5 years till the validity of contract period)
BANK GUARANTEE
This Guarantee is made at on this day of by, having its Registered / Head Office at
(hereinafter called the “ Issuing Bank”, which expression shall, unless repugnant to
the context or meaning thereof, shall mean and include, its successors and permitted
assigns) in favour of Bank of India a body corporate constituted under Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Corporate
Office at Star House 2, C-4, G-Block, Bandra Kurla Complex, Bandra East, Mumbai
– 400 051 (hereinafter called “the Beneficiary”, which expression shall, unless
repugnant to the context or meaning thereof, shall include its successors and
assigns) WHEREAS , a company registered under the Companies Act, 1956, having
its Registered Office at………………. (hereinafter called the “Vendor”, which
expression shall, unless repugnant to the context or meaning thereof, shall mean and
include its successors and permitted assigns) has executed the Agreement for
Procurement, Installation, Commissioning and maintenance of BAR CODE BASED
PASSBOOK PRINTING KIOSK dated (hereinafter referred to as the “Agreement”)
between Bank of India (the Beneficiary) &……………………………..(the Vendor) to
deploy 2700 PBKs along-with the related managed and their services, for the
Beneficiary, as set out in the said Agreement (hereinafter referred to as the “said
Contract”).AND WHEREAS, in accordance with terms and conditions of the
Agreement, the Vendor is required to furnish a Bank Guarantee for a sum of
equivalent to Rs._________________for due performance of their obligations. Such
Bank Guarantee is required to be valid up to _______________ plus 6 months claim
period AND WHEREAS, the Issuing Bank, at the request of the Vendor, agreed to
issue on behalf of the Vendor, Guarantee as above, for Rs. ___________ only).
b. Any notice / communication / demand from the Beneficiary to the effect that
the Vendor has failed to fulfil its commitments / obligations in respect of such
c. We, the Issuing Bank, HEREBY FURTHER AGREE & DECLARE THAT:
d) Any neglect or forbearance on the part of the Issuing Bank to the Beneficiary
or any indulgence of any kind shown by the Issuing Bank to the Vendor or any
change in the terms and conditions of the said Agreement shall not, in any
way, release or discharge the Issuing Bank from its liabilities under this
guarantee.
e) This Guarantee herein contained shall be distinct and independent and shall
be enforceable against the Issuing Bank, notwithstanding any Guarantee or
Security now or hereinafter held by the Beneficiary at its discretion.
f) This Guarantee shall not be affected by any infirmity or absence or irregularity
in the exercise of this Guaranteeing by and / or on behalf of the Issuing Bank
or by merger or amalgamation or any change in the constitution or name of
the Issuing Bank.
g) This Guarantee shall not be affected by any change in the constitution of the
Beneficiary or the Vendor or winding up / liquidation of the Vendor, whether
voluntary or otherwise.
h) This Guarantee shall be a continuing guarantee during its validity period to the
extent of cumulative maximum amount mentioned herein and the Beneficiary
shall be within its rights to invoke the Bank Guarantee any number of times.
i) Notwithstanding anything contained herein above:
The Issuing Bank’s overall liability under this Bank Guarantee shall not
exceed Rs. ________________ only);
The Issuing Bank is liable to pay the guaranteed amount or any part
thereof under this Bank Guarantee only and only if the Beneficiary serves
the Issuing Bank claim or demand on or before ……………….. The
Issuing Bank has, under its constitution, powers to give this
guarantee and Shri …………………………………. (signatories)
Official(s) / Manager(s) of the Issuing Bank who has / have signed this
guarantee has / have powers to do so.
Whereas ............... (hereinafter called “the Bidder”) has submitted its Bid dated
(date of submission of Bid) for the supply of (name and/or description of the
Products/system)(hereinafter called “the Bid”).
1. If the Bidder withdraws its Bid during the period of Bid validity specified by the
Bidder on the Bid Form; or
2. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser
during the period of Bid validity:
(a) fails or refuses to execute the Contract Form if required; or
(b) fails or refuses to furnish the performance guarantee, in accordance with
the Instruction to Bidders.
We undertake to pay the Purchaser up to the above amount upon receipt of its first
written demand, without the Purchaser having to substantiate its demand, provided
that in its demand the Purchaser will note that the amount claimed by it is due to it,
owing to the occurrence of one or both of the two conditions, specifying the occurred
condition or conditions. This guarantee will remain in force up to and including
forty five (45) days after the period of the Bid validity, i.e. up to , and any
demand in respect thereof should reach the Bank not later than the above date.
Note: Presence of restrictive clauses in the Bid Security Form such as suit filed
clause/clause requiring the Bank to initiate action to enforce the claim etc. will render
the Bid non-responsive.
To,
Authorised Signatory
To,
This is to confirm that ( Name of the Vendor) have been performing following
Managed Services for total no. of -- --------- (no. of PBKs) as on 31/03/2021.
(Please strike out whichever is not applicable from the below mentioned 1 to 4
items)
Authorised Signatory
(to be stamped as applicable in the state where it is executed. Else the bid shall be
treated as non-responsive)
BETWEEN
BANK OF INDIA
AND
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on
………day of the ……… month of 2022, between, on one hand, the Bank of India
acting through Shri__________________________, Designation of the Officer
(hereinafter called the “BUYER”, which expression shall mean and include, unless the
context otherwise requires, his successors in officer and assigns) of the First Part and
M/s ________________________Represented by _____________ 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 procure Barcode Based Passbook Kiosk award
the contract and the BIDDER/Seller is willing to offer/has offered the stores and
Request for proposal of procurement, installation, commissioning and maintenance
services of 2700 PBKs.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence / prejudice dealings prior to, during and subsequent to the currency
of the contract entered into with a view to :-
Enabling the BUYER to obtain the desired said stores / equipment / work at a
competitive price in conformity with the defined specifications by avoiding the high cost
and the distortionary impact of corruption on public procurement, and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the BUYER will commit to prevent
corruption, in any form, by its officials by following transparent procedures.
1.1 The BUYER undertakes that no official of the BUYER, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly
or through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the BIDDER, either
for themselves or for any person, organization or third party related to the
contract in exchange for an advantage in the bidding process, bid evaluation,
contracting or implementation process related to the contract.
1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and
will provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other BIDDERs.
1.3 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.
2. In case any such preceding misconduct on the part of such officials(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 such a person 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- contract 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, favor, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
BUYER, connected directly or indirectly with the bidding process, or to any
person, organization or third party related to the contract Request for proposal
for outsourcing of installation and managed services for 2700 PBKs 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 favor or disfavor to any person in relation to the contract or
any other contract with the Government.
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the
original manufactures / integrator / authorized government sponsored export
entity of the stores / supplier and has not engaged any individual or firm or
company whether Indian or foreign to intercede, facilitate or in 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 nor 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, brokers or any other intermediaries in connection with the contract and
the details of services agreed 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 to others, any information provided by the BUYER as part of the
business relationship, regarding plans, technical proposals and business details
including information contained in any electronic data carrier. The BIDDER also
undertakes to exercise due and adequate care lest any such information is
divulged.
3.10 The BIDDER commits to retrain 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 relative of any of the officers of the
BUYER or alternatively, if any relative of an officer of the BUYER has financial
interest / stake in the BIDDERs 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 6 of the
Companies Act 1956.
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.
5.1 While submitting commercial bid, the BIDDER shall deposit an amount as
specified in the RFP as Earnest Money/Security Deposit, with the BUYER
through any of the following instruments
(i) Bank Draft or a Pay Order or Fixed Deposit in favour of Bank of India
(iii) Any other mode or through any other instrument as specified in the RFP.
5.2 The Earnest Money / Security Deposit shall be valid upto the complete conclusion
of the contractual obligations to the complete satisfaction of both the BIDDER
and the BUYER, including warranty period / Defect liability period.
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
provisions of Sanctions 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.
6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by
it or acting on its behalf (Whether with or without the knowledge of the BIDDER)
shall entitle the BUYER to take all or any one of the following actions, whenever
required:-
(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 therefor.
(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 an Indian
BIDDER with interest thereon at 2% higher than the prevailing Prime Lending
Rate of Bank of India, while in case of a BIDDER from a country other than India
with interest thereon at 2% higher than the LIBOR. If any outstanding payment
is due to the BIDDER from the BUYER in connection with any other contract 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
Government of India for a minimum period of five years, which may be further
extended at the discretion of the BUYER.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any
middlemen 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 the BIDDER, the same shall not be
opened.
(x) 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.
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 defined in Chapter IX of the Indian Penal code,
1860 or Prevention of Corruption Act, 1988 or any other statute enacted for
prevention of corruption.
6.3 The decision of the BUYER to the effect that a breach of the provisions of this
Pact has been committed by the BIDDER shall be final and conclusive on the
7. Fail Clause
7.1 The BIDDER undertakes that it has not supplied / is not supplying similar product
/ 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
8.2 The task of the Monitors shall be to review independently and objectively whether
and to what extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project / procurement, including minutes of meetings.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact,
he will so inform the Authority designated by the BUYER.
8.6 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 documentation. 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.
8.7 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.
8.8 The Monitor will submit a written report to the designated Authority of 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.
This Pact is subject to Indian Law. The place of performance and jurisdiction is the
seat of the BUYER.
The actions 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 provision of this 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.
BUYER BIDDER
Designation Designation
Bank of India
Witness Witness
1……………………….. 1…………………....
2……………………….. 2…………………....
Reverse Auction event will be carried out among the Technically Qualified
Bidders, for providing opportunity to the Bidders, to quote the price dynamically,
for the procurement for which RFP is floated.
A) Definitions:
2) “Service Provider” means the third party agency / company who has
been selected by the Bank for conducting Reverse Auction.
3) “L1” means the Bidder who has quoted lowest price in the Reverse
Auction process.
4) “L2” means the Bidder who has quoted second lowest price in the
Reverse Auction process.
5) “L3” means the Bidder who has quoted third lowest price in the
Reverse Auction process.
1) Bidders who are technically qualified in terms of the relative Terms &
Conditions of the RFP and accept the Business Rules, Terms &
conditions of Reversion Auction and submit the undertakings as per
Annexure-A , can only participate in Reverse Auction related to the
procurement for which RFP is floated. Bidders not submitting the
above undertaking or submitting with deviations / amendments
thereto, will be disqualified from further evaluation / participation in the
process of relevant procurement.
2) Bidders should ensure that they have valid digital certificate well in
advance to participate in the Reverse Auction. Bank and / or Service
Provider will not be responsible in case Bidder could not participate in
Reverse Auction due to non-availability of valid digital certificate.
C) Training:
1) The date and time of start of Reverse Auction and its duration of time
will be informed to the eligible Bidders well in advance, at least 4 days
before the Reverse Auction date.
E) Bidding Currency:
F) Start Price:
1) The bid decrement value will be specified by Bank before the start of
Reverse Auction event. It can be a fixed amount or percentage of Start
Price or both whichever is higher.
2) Service Provider will make all necessary arrangement for fair and
transparent conduct of Reverse Auction like hosting the web portal,
imparting training to eligible Bidders etc., and finally conduct of
Reverse Auction.
4) Bank and / or Service Provider will not have any liability to Bidders for
any interruption or delay in access to site of Reverse Auction
irrespective of the cause.
5) For making the process of Reverse Auction and its result legally
binding on the participating Bidders, Service Provider will enter into an
agreement with each eligible Bidder, before the start of Reverse
Auction event. Without this, Bidder will not be eligible to participate in
the event. The format of the agreement is as per the Annexure-C.
6) Bidders name will be masked in the Reverse Auction process and will
be given random dummy names by the Service Provider.
9) Any bid once made by the Bidder through registered Login ID &
Password, the same cannot be cancelled. The Bidder is bound to
supply as per the RFP at the bid price of Reverse Auction.
ii) Auto Bid facility can be used by the Bidder only once. Bidder can
at no point of time during the course of the Reverse Auction,
revise / delete his Auto Bid price. Bidder has the facility to revise
his Auto Bid value only prior to the start of the Reverse Auction
event.
iii) Only after the lowest price quoted by other Bidders is equal to or
less than the minimum Auto Bid value put in the system by Auto
Bid Bidder, he will get the option to manually bid.
v) If one of the Bidder has opted for the Auto Bid facility, the system
automatically places a bid by conforming to one decrement from
the bid that any of the other Bidders might have quoted. In such
a case, if the manual Bidder directly quotes the same price as
the lowest price which the Bidder who has opted for the auto bid
facility, then the bid submitted by the manual Bidder would be
accepted as the “L1‟ bid. But at that point of time onwards, the
manual control of the Auto Bidder would be enabled for the Auto
Bidder.
vi) Service Provider will explain in detail about the Auto Bid during
the training.
11) Reverse Auction will normally, be for a period of one hour. If a Bidder
places a bid price in last 10 minutes of closing of the Reverse auction,
the auction period shall get extended automatically for another 10
minutes. Maximum 3 extensions each of 10 minutes will be allowed
after auction period of 1 hour i.e. entire process can last maximum for
1 ½ hour only. In case there is no bid price in the last 10 minutes of
closing of Reverse Auction, the auction shall get closed automatically
without any extension.
12) Bidder will be able to view the following on their screen along with the
necessary fields in Reverse Auction :
i) Opening Price
ii) Leading / Lowest Bid Price in Auction (only total
price)
iii) Last Bid Price placed by the respective Bidder.
13) During Reverse Auction, if no bid price is received within the specified
time, Bank, at its discretion, may decide to revise Start Price /
Decremental Value / scrap the reverse auction process / proceed with
conventional mode of tendering.
1) At the end of Reverse Auction event Service Provider will provide the
Bank all necessary details of the bid prices and reports of Reverse
Auction.
3) Successful Bidder has to fax the duly signed filled-in prescribed format
(Annexure B) as provided on case-to-case basis to Bank within 4
hours of Reverse Auction without fail. The Original signed Annexure-
B should be couriered so as to reach us within 48 hours of Reverse
Auction without fail.
4) Any variation between the on-line Reverse Auction bid price and
signed document will be considered as sabotaging the tender process
and will invite disqualification of Bidder/vender to conduct business
with Bank as per prevailing procedure.
J) Bidder’s Obligation:
2) Bidder will not divulge either his Bid details or any other details of Bank
to any other party without written permission from the Bank.
1) Bank reserves the right to modify / withdraw any of the Business rules,
Terms & conditions of Reverse Auction at any point of time.
Date:
To
Dear Sir,
Bidder Name:
This is to certify that proposed __ <services as per scope of work> is having the
local content of% as defined in the above mentioned RFP and amendment
thereto.
Signature of Statutory
Auditor/Cost Auditor
Registration Number:
Seal
Counter-signed:
Bidder
Place of Installation
With postal address
Pin Code
Contact Person Email ID
Dated : Dated :
Authorised Signatory
Name:
Designation:
Format of Certificate for Tenders for Works under Rule 144 (xi) in the General
Financial Rules (GFRs), 2017.
(provide with Technical Bid)
To:
Dear Sir,
Ref: Your REP No.BOI/HO/ DBD/PBK / 2021-22/7 dated 21-01-2022
Bidder Name:…………………………………
a) We, the Bidder have read and understood the contents of the Office
Memorandum & the Order (Public Procurement No.1) both bearing no.
F.No.6/18/2019/PPD of 23rd July 2020 issued by Ministry of Finance,
Government of India on insertion of Rule 144 (xi) in the General Financial Rules
(GFRs) 2017 and the amendments & clarifications thereto, regarding
restrictions on availing/procurement of goods and services, of any Bidder from
a country which shares a land border with India and / or sub-contracting to
contractors from such countries.
b) In terms of the above and after having gone through the said amendments
including in particular the words defined therein (which shall have the same
meaning for the purpose of this Declaration cum Undertaking), we the Bidder
hereby declare and confirm that:
* We, the Bidder are not from such a country which shares a land border with
India, in terms of the said amendments to GFR, 2017.
or
*We, the Bidder are from such a country and has been registered with the
Competent Authority i.e the Registration Committee constituted by the
Department for Promotion of Industry and Internal Trade, as stated under
Annexure I to the said Office Memorandum / Order and we submit the proof of
registration herewith.
(*Delete whichever is not applicable)
2. We, the Bidders hereby confirm that we fulfill all the eligibility criteria as per RFP
and are not ineligible from participating in the Tender in view of the above Office
Memorandum and Order. We also agree and accept that if our declaration and
confirmation is found to be false at any point of time including after awarding the
contract, Bank of India shall be within its right to forthwith terminate the contract/ bid
without notice to us and initiate such action including legal action against us. Bank shall
also be within its right to forfeit the security deposits provided by us and also recover
from us the loss and damages sustained by the Bank on account of the above.
“ Definitions
"Bidder" for the purpose of this Order (including the term 'tenderer', 'consultant'
`vendor' or 'service provider' in certain contexts) means any person or firm or
company, including any member of a consortium or joint venture (that is an
association of several persons, or firms or companies), every artificial juridical
person not falling in any of the descriptions of bidders stated hereinbefore, including
any agency, branch or office controlled by such person, participating in a
procurement process.
"Tender" for the purpose of this Order will include other forms of procurement,
except where the context requires otherwise.
"Bidder from a country which shares a land border with India" for the purpose of
this Order means:
a) An entity incorporated, established or registered in such a country; or
b) A subsidiary of an entity incorporated, established or registered in such a
country; or
c) An entity substantially controlled through entities incorporated, established
or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above
b. "Control" shall include the right to appoint the majority of the directors or to
control the management or policy decisions, including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements;
(ii) In case of a partnership firm, the beneficial owner is the natural person(s)who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
(iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;
(v)In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.
"Agent" for the purpose of this Order is a person employed to do any act for another,
or to represent another in dealings with third persons.”
Authorised Signatory
M/s---------------------
Date:
To,
Sir/Madam,
==========================================================
We refer to the captioned subject and confirm that –
3) Bank and Service Provider shall not be liable & responsible in any manner
whatsoever for my / our failure to access & bid in Reverse Auction due to
loss of internet connectivity, electricity failure, virus attack, problems with
the PC, any other unforeseen circumstances etc. before or during the
auction event.
4) We understand that in the event we are not able to access the auction
site, we may authorize Service Provider to bid on our behalf by sending a
fax containing our offer price before the auction close time and no claim
can be made by us on either Bank or Service Provider regarding any loss
etc. suffered by us due to acting upon our authenticated fax instructions.
9) We will give break-up of our last / lowest bid price as per Bill of Material at
the end of Reverse Auction event within 48 hours without fail.
10) We undertake to supply at our final lowest bid price of Reverse Auction.
In case of back out or not supply as per the rates quoted by us, Bank is
free to take appropriate action against us and / or forfeit the Bid Security
amount, debar us from participating in future tenders.
Mobile :
---------------------------------------------------------------
-----------------------------------
Email : Mobile :
Date :
To,
The General Manager
Digital Banking Department,
6 th Floor, Star House-2, C-4, G-Block,
Bandra Kurla Complex,
Bandra East, Mumbai – 400 051.
Sir/Madam,
We confirm that the final total bid price quoted by us in the captioned Reverse
Auction event for captioned tender is as under –
We confirm that –
2) Any variation between the on-line Reverse Auction bid price quoted by us and
this document will be considered as sabotaging the tender process and will
invite disqualification of Bidder/vender to conduct business with Bank as per
prevailing procedure. In such case Bank is free to take appropriate action and
/ or forfeit the Bid Security amount and / or debar him from participating in
future
3) We are bound to supply at the above final bid price of Reverse Auction.
Designation : Fax No :
(The Bidders are required to print this on their company’s letter head and sign,
stamp before emailing to Service Provider)
To
(Name & Address of Service Provider)
Dear Sir,
This has reference to the Terms & Conditions for the Reverse Auction mentioned
in the Tender document for procurement of Hardware against the Tender No.
_____________________________________________________________
2) We have studied the Commercial Terms and the Business rules governing
the Reverse Auction and the RFP as mentioned in your letter and confirm
our agreement to them.
3) We also confirm that we have taken the training on the auction tool and
have understood the functionality of the same thoroughly.
5) We understand that in the event we are not able to access the auction
site, we may authorize _____ (Service Provider) to bid on our behalf by
sending a fax containing our offer price before the auction close time and
no claim can be made by us on either _____ (Bank) or _____ (Service
Provider) regarding any loss etc. suffered by us due to acting upon our
authenticated fax instructions.
We, hereby confirm that we will honour the Bids placed by us during the auction
process.
With regards,
Name –
Company / Organization –
The above sites are only indicative, the proportion may change as per Bank’s
requirement .
The above sites are only indicative, the proportion may change as per Bank’s
requirement.
Date:
M/s.---------------
-------------------------
Signature
Seal of Company
ii. The Vendor warrants that the products supplied under the Contract are new,
unused, of the most recent or current model and they incorporate all recent
improvements in design and / or features. The Vendor further warrants that all
the Products supplied under this Contract shall have no defect, arising from
design or from any act of omission of the Vendor that may develop under normal
use of the supplied products in the conditions prevailing in India. If the product
is found to be defective with in the first 90 days after installation then the Vendor
should replace the product within 30 days of intimation at no extra cost to the
bank.
iii. Warranty for Hardware Components: Onsite comprehensive warranty for all the
hardware components including free replacement of spares, parts, kits will be
for the entire duration of Contract (Warranty plus AMC period).
iv. Warranty for the System Software/off-the-shelf Software will be provided to the
Bank as per the general conditions of sale of such software.
v. The Vendor shall in addition comply with the performance guarantees specified
under the Contract. If, for reasons attributable to the Vendor, these guarantees
are not attained in whole or in part the Vendor shall make such changes,
modifications and / or additions to the Products or any part thereof as may be
necessary in order to attain the contractual guarantees specified in the Contract
at its own cost and expense and to carry out further performance tests.
vii. During the term of the contract, the VENDOR will maintain the equipment in
perfect working order and condition and for this purpose will provide the
following repairs and maintenance services:
b) The Bidder shall rectify any defects, faults and failures in the
equipment and shall repair/replace worn out or defective parts of the
equipment during working hours on all working days (viz. Monday to
Saturday). In case any defects, faults and failures in the equipment
could not be repaired or rectified during the said period, the engineers
of the VENDOR are required to accomplish their duties beyond the
said schedules in case of any situation if it warrants. In cases where
unserviceable parts of the equipment need replacement, the VENDOR
shall replace such parts, at no extra cost to the BANK, with brand new
parts or those equivalent to new parts in performance. For this purpose
the VENDOR shall keep sufficient stock of spares at Bank’s premises
and at the premises of The VENDOR.
d) The VENDOR shall ensure that faults and failures intimated by Bank
as above are set right within timeline as mentioned in point no C above
once it is being informed to the vendor. In any case the equipment
should be made workable and available not later than the two
Business Day.
e) The VENDOR shall ensure that the full configuration of the equipment
is available to the BANK in proper working condition viz. uptime of 98%
of the time on a working day basis.
Uptime (%) =
S Uptime Penalty
N Range
o.
l) The Bank shall maintain a register at its site in which, the Bank’s
operator / supervisor shall record each event of failure and / of
malfunction of the equipment. The VENDOR’s engineer shall enter
the details of the action taken in such register. Additionally every time
a preventive or corrective maintenance is carried out, the
VENDOR’S engineer shall make, effect in duplicate, a field call report
which shall be signed by him and thereafter countersigned by the
Bank’s official. The original of the field call report shall be handed
over to the Bank’s official
o) All the kiosks should be connected to RMMS all the time. A penalty
of Rs 100/- per day per kiosk to be levied if a kiosk is not connected
to RMMS/RTMT for 3 days. The penalty will be calculated from 4th
day till the kiosk is connected back with RMMS/RTMT. However
PBKs which are non-working due to Banks dependencies like Site
issue and network issues may be placed under exclusions at the
discretion of the Bank.
viii. Any worn or defective parts withdrawn from the equipment and replaced by
the VENDOR shall become the property of the VENDOR and the parts
replacing the withdrawn parts shall become the property of Bank.
x. However if Bank desires to shift the equipment to a new site and install it
thereof, the VENDOR shall be informed of the shifting immediately. The Bank
shall bear the charges for such shifting and the VENDOR shall provide
necessary arrangement to Bank in doing so. The terms of this agreement,
after such shifting to the alternate site and reinstallation thereof would continue
to apply and binding on the VENDOR.
xii. No term or provision hereof shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent by any party to or waiver
of a breach by other, whether express or implied, shall not constitute a consent
to or waiver of or excuse for another different or subsequent breach.
xiii. If, in any month, the VENDOR does not fulfill the provisions of clauses vii. (b),
(c), (d), (e) and (h) only the proportionate maintenance charges for that period
during the month will be considered payable by Bank without prejudice to the
right of the Bank to terminate the contract. In such event the VENDOR was
credited without deducting the proportionate maintenance charges for that
month, the Bank can deduct the same from future payments payable or the
VENDOR shall refund the amount forthwith to Bank on demand by Bank.
b) The warranty terms would not be considered as violated if any of (i), (ii) or
(iii) above takes place. Should there be a fault in the operations of the
system, the vendor, would not unreasonably assume that the causes lie
with those components / software not acquired from them.
xvii. In the event of failure of the Service Provider to render the Services or in the
event of termination of agreement or expiry of term or otherwise, without
prejudice to any other right, the Bank at its sole discretion may make alternate
arrangement for getting the Services contracted with another vendor. In such
case, the Bank shall give prior notice to the existing Service Provider. The
existing Service Provider shall continue to provide services as per the terms
of contract until a ‘New Service Provider’ completely takes over the work.
During the transition phase, the existing Service Provider shall render all
reasonable assistance to the new Service Provider within such period
prescribed by the Bank, at no extra cost to the Bank, for ensuring smooth
switch over and continuity of services. If existing vendor is breach of this
obligation, they shall be liable for paying a penalty on demand to the Bank,
which may be settled from the payment of invoices or Performance Bank
Guarantee for the contracted period.
a) After the expiry of initial Warranty Service Period of 1 (One) year, Annual
Maintenance Contract for a period of 4 (four) years shall be effective and
AMC shall be charged @15% of the total cost of Kiosks. The payment for
this service would be made quarterly at the end of each quarter. The AMC
prices are exclusive of GST which will be paid at actuals by the Bank. The
AMC services are to be provided on a 24*7 basis.
b) During the warranty and AMC period, any spare cost has to be borne by
the bidder. No additional call charges or labour charges are payable when
spares are replaced during the warranty period and maintenance period.
a) The successful Bidder shall have to enter into “Service Levels Agreement” having all
terms and conditions of this RFP to maintain uptime and provide the service support
and onsite support during the entire contract period.
b) Any technical glitch/ issue in installed infrastructure of the solution (i.e. System and
software, OS/DB etc.) should be attended on priority and should be covered under
warranty/AMC.
c) The issue/ break down message may be communicated to the Bank team by way of
alert email/ over phone / email/ call logging.
a. “Downtime” shall mean the time period for which the specified services /
components with specified technical and service standards are not available to Bank
and excludes the scheduled outages planned in advance and the bandwidth link
failures within SLA limits agreed with network service providers.
c. “Resolution Time” shall mean the time taken in resolving (diagnosing, trouble
shooting and fixing) an incident after it has been reported to the selected bidder
through verbal/email/phone/SMS/other electronic form. The resolution time shall vary
based on the category of the incident reported at the service desk.
e. "System downtime" subject to the SLA, means accumulated time during which
the System is not available to the Bank‘s users or customers due to in-scope system
or infrastructure failure, and measured from the time the Bank and/or its customers
log a call with the Bidder of the failure or the failure is known to the Bidder from the
availability measurement tools to the time when the System is returned to proper
operation. Any denial of service to the Bank users and Bank customers would also
account as “System downtime”.
f) Typical Resolution time will be applicable if systems are not available to the Bank‘s users
and customers and there is a denial of service.
g) For penalty calculation, the total time elapsed between the intimation of break down
message from Bank side to the vendor and receipt of rectification message from the
Bidder to Bank side will be considered.
h) During the warranty period, the penalty will be deducted from payment. In case, Bank
is unable to adjust penalty from payment, the Bank at its discretion may invoke the
Performance Bank Guarantee (PBG) to deduct the penalty amount.
i) Post warranty period, the penalty will be deducted in quarterly FMS/AMC/ATS payment.
In case, the Bank is unable to adjust penalty in FMS/AMC/ATS payment, the Bank at
its discretion may invoke the Performance Bank Guarantee (PBG) to deduct the
penalty amount.
j) If the support services is not provided and/or satisfactory services are not provided,
the Bank with its discretion may reject the proposal / terminate the contract, without
assigning any reason.
k) For calculation of uptime (penalty), planned/ scheduled down time will be exempted.
Bank will pay the Bidder after deducting the calculated penalty from the payable
amount.
l) If any critical component of the entire configuration setup is out of service, then the
Bidder & OEM shall either immediately replace the defective unit (with new one) or
replace it at its own cost or provide a standby, on immediate basis, not more than 4
hours, the Bidder should maintain proper inventory of standby components for early
resolution of issues.
n) The Bidder should comply with the security and audit standards of the Bank and various
regulatory guidelines. For this, the Bidder should apply new patches related to OS/
firmware & BIOS updates etc. without any additional cost to the bank, during the
contract period.
o) For all issues related to installed infrastructure/ Software, RCA (Root Cause Analysis)
to be provided by the respective OEM within 2 working days. The delay in submission
will lead to penalty @ Rs. 500/-day.
p) Replacement/ Repair of faulty part of provided Solution, Appliance and all other
components- All defective parts/ faulty shall be replaced as part of maintenance at no
additional cost by the Bidder. Replacement parts shall be new part from the same
manufacturer(s) (OEM). Whether a defective item or component is to be replaced or
repaired shall be at the sole discretion of the bank. In the case of a part, the defective
part removed from the system will become the property of the selected Bidder.
q) Response Time: Maximum Response Time for Remedial Maintenance under the
CONTRACT is measured in elapsed coverage hours from the time a service request
is received to the time THE VENDOR’s customer engineer arrives at Bank Site.
RPO and RTO – The RPO and RTO service levels will be measured by using
Automated Recovery Management Tool , Vendor to ensure the measuring is done as
per SLA and the reports are provided on a monthly basis.
RPO=A recovery point objective (RPO) is the maximum acceptable amount of
data loss measured in time.
At present Recovery Point Objective (RPO) is Zero and Recovery Time Objective
(RTO) is 60 minutes, subject to change as per Bank’s BCP Policy.
i. Integration with all IT/ Security Solutions procured by the Bank as per RBI
Guidelines time to time; along with integration with any solutions / product /
application without any additional cost to the bank.
ii. Integration with all of the Banks interfaces at no extra cost to the Bank.
Manpower Management
Manpower Services The bidder has to provide ● Penalty of Rs. 1500 per day
experienced and certified & Rs 1800 for absence per
manpower at Bank day for each L1 and L2
premises as per RFP. Any resources respectively in
gap will attract penalties. addition to deduction of
relevant day’s unit cost of
the resource.
● Penalty of Rs. 2000 per day
for absence per day for L3.
resource in addition to
deduction of relevant day’s
unit cost of the resource.
The bidder has to replace ● Penalty of Rs. 1500 per day
the manpower if specially & Rs 1800 for delay in
asked by the Bank within a joining of new resource as
period of one month. A replacement for L1 & L2
delay beyond next Month resource respectively in
billing cycle will attract the addition to deduction of
penalty. relevant day’s unit cost of
the resource.
● Penalty of Rs.2000 per day
for delay in joining of new
resource as replacement for
L3 resource in addition to
deduction of relevant day’s
unit cost of the resource.
Patching / Security Vulnerability Compliance Management
Version Upgrade The Operations Team has For breaches of Version
Major/ Minor for all to have version upgrades of upgrade –
Software / Solution / all underlying software
/Middleware /Middleware as per ● Penalty of Rs.500 per day
respective OEM for delay in version upgrade
recommendations & Publish of (OS, Server, Solution,
the Quarterly version protocol etc.) per day.
upgrade calendar for the
same. Failure to comply
with the Version upgrade
calendar will attract
penalties.
Patching of solution/ All underlying hardware / For breaches for patches –
Hardware / Software software /Middleware to be ● Penalty of Rs.500 per day
/ Middleware/Antivirus patched as per respective for delay in applying of each
update OEM recommendations. patch as per
Failure to comply with the security/statuary/ OEM
Patch calendar will attract recommendations.
penalties.
Closure of VA / PT , All identified vulnerabilities For breaches for timelines
and SCD Points on all over underlying hardware / under Critical & High
software /Middleware to be Category
To
Bank of India
INTEGRITY STATEMENT
We also confirm that the above practices will be met by us for all the changes that we make
in the application/ module on a regular basis.
Authorized Signatory
Name -
Date: …………………..
THIS AGREEMENT (“this Agreement”) is made and entered on ____ day of ____ between
BANK OF INDIA (the “BOI/ Outsourcer”) & M/s __________________ (the Vendor/ “Service
Provider”))
BANK OF INDIA, a body corporate constituted under the Banking Companies (Acquisition
of Transfer of Undertakings) Act, 1970 and is licensed to carry the business of banking by
RBI under the Banking Regulations Act, 1949 and is a Scheduled Commercial Bank having
its Head Office at Star House, C-5, G Block, Bandra Kurla Complex, Bandra East, Mumbai
– 400 051, hereinafter referred to as “Bank” or “BOI” or “Outsourcer” (which term shall,
unless repugnant to the context or meaning hereof, be deemed to mean and include its
successor-in-interest and assigns) of the ONE PART (Bank).
AND
The “Outsourcer/“Bank”/BOI” and the Service Provider/ “Vendor” shall, wherever the context
requires, be referred to individually as “Bank” and “Successful Bidder/Vendor” respectively
and collectively as “Parties” hereto.
WHEREAS
A. The Bank/ BOI is in the business of banking for 115 number of years and is providing
banking services to its customers since then. Bank of India is a Pan-India bank having
5084 number of branches spread across the length and breadth of India.
B. Whereas, with the migration of customer services from manual to digital platform and
with the shifting of core banking operations to a digital platform it has become
necessary for the Bank to provide various services based on digital platform to its
customers and accordingly the bank has taken a decision to install bar code based
passbook printing kiosk across India to enable its customers to easily get their
passbooks printed through the said kiosk.
C. And whereas accordingly the Bank has put up a proposal inviting those service
providers who have the expertise, experience and financial ability apart from the
D. Whereas For the said purpose, the Bank had invited Bids from Competent Vendors/
Service Provides by floating a comprehensive document namely Request for
Proposal / by floating Request for Proposal No. Ref: BOI/HO/DBD/PBK/2021-22/7
Dated: - 21-01-2022 (HEREIN AFTER REFERRED to as RFP).
E. And whereas in response the said RFP, (Successful Bidder/Vendor) submitted its bid
in accordance with the terms contained in the RFP.
F. And whereas since the (Successful Bidder/Vendor)’s bid stood as L1 post the reverse
auction, (Successful Bidder/Vendor) was selected to execute the said contract
subject to the fulfilment of the terms and conditions stipulated in the RFP as also
those stipulated in this agreement and also those conditions which may be stipulated
in the course of the period of service provision.
G. (Successful Bidder/Vendor) is aware and confirms that the period for which the
contract of service is awarded shall be for a period of 5 years as prescribed in the
RFP Document and which will be particularly stated in this agreement.
H. And whereas the Successful Bidder/Vendor has represented in response to the Bid
and RFP that the Successful Bidder/Vendor has sufficient expertise, experience and
financial ability apart from the necessary technical know-how to execute such projects
and has further represented that the Successful Bidder/Vendor has undertaken such
projects for various other banks and financial institutions and carries an impeccable
record in the said area.
I. And Whereas, Bank believing the same to be true, correct and complete and solely
based on affirmations and documents submitted along with the Bid documents to
substantiate the said statements, Bank has agreed to award the contract for
procurement, installation and commissioning and maintenance of the pass book kiosk
at the designated areas more particularly stipulated in the schedule to this agreement
with respect to the branches of Bank in metro, urban, semi urban, rural branches and
e-galleries and RRBs sponsored by Bank on such terms and conditions and cost as
agreed to in pursuance to the bid document submitted and those finding place in this
agreement.
J. NOW THEREFORE, for and in consideration of the foregoing, and the mutual
covenants and representations, and conditions set forth below, the Parties hereto,
intending to be legally bound, hereby agree as follows:
The recitals, Schedules and Annexures to this agreement and the RFP along with its
addendum, corrigendum, clarifications, if any, shall form part of this agreement as if
incorporated in verbatim in the body of this agreement and shall be binding on the Parties.
In this Agreement and Annexures each word or phrase listed below has the meaning
designated.
1.1 Definitions
(a) “Affiliate” shall mean any other person directly or indirectly Controlling, Controlled
by or under Common Control with such party. Control (including with correlative
meanings, the terms "controlled by" and "under common control with") as applied to
any person, shall mean the possession, directly or indirectly of the power to direct or
cause direction of the management of that person whether through ownership of
voting securities or otherwise.
(b) “Agreement” shall mean this agreement, together with the RFP (together with its
annexures, addendum and clarifications if any) and the Annexures to this Agreement
and any mutually agreed modifications in writing to this Agreement;
(c) “Confidential Information” shall mean and include all non-public information of BOI
and its Customers which is accessible by or is made available to the Vendor whether
in writing, oral, graphic, visual or any other tangible, intangible or electronic form
including, without limitation, any and all information relating to BOI’s and/or its
client’s/customers (whether past, present, or future) business, technical or financial
information, financial data, financial results and projections, costs and prices, details
of suppliers, retainers, employees and consultants (past, present or prospective),
technologies, technical and business strategies, business and marketing plans,
marketing and sales techniques, pricing and other strategies, computer programs,
software tools, source codes, object codes, protocols, product descriptions,
development schedules, product positioning, choices of product names, trade secrets
or know how, customer information and Intellectual Property Rights as well as any
such information not generally known to third parties or received from others that such
Party is reasonably expected to treat as confidential.
(d) “Contract” shall mean the work to carry out the engagement as per the scope
mentioned herein and in the RFP.
(e) “Customer” shall for the purpose of this agreement mean the customers of the Bank
both present and future and shall include the Banks staff and those persons/third
parties who have access the Web Applications.
(g) ‘Class –II Local Supplier’ means a supplier or service provider, whose products or
services offered for procurement, has local content more than 20% but less than
50% as defined in the Preference to Make in India, Order 2017 (PPP –MII Order).
(h) ‘Non Local Supplier’ means a supplier or service provider, whose product or service
offered for procurement, has local content less than or equal to 20% % as defined in
the Preference to Make in India, Order 2017 (PPP –MII Order).
(i) “Data Protection Bill” shall mean the Data Protection Bill 2019 pending before the
Parliament of India.
(j) “Payments” or “Fees” means all payments to be made by the Bank to the Vendor
as per the Payment Terms stated in Article III of this Agreement hereto.
(k) “Deliverables and Services” means all the deliverables and services to be
provided/performed by the Vendor to the Bank under this Contract which are more
particularly stated in Annexure IV of this Agreement.
(l) “RFP” shall mean collectively the Request for Proposal bearing Ref: BOI/HO/
DBD/PBK/ 2021-22/7 dated 21-01-2022 issued by the Bank, and all addendum and
clarifications issued pursuant to the said Request for Proposal.
(m) “PBK (Passbook Printing Kiosk)” means Passbook printing Solution hardware
with application software and all interfaces to Core Banking software, with necessary
hardware, PCs, scanners and system software, database, third party utilities,
middleware, etc. as proposed by the Supplier, all seamlessly integrated to work
together on the Banks network to meet the Technical and functional requirements of
the Bank mentioned in the Bid.
(n) “Relative” or “Related persons” ,with reference to any person, means any one who
is related to another, if –
(a) they are members of the Hindu Undivided Family
(b) they are husband and wife
(c) they are related parties within the meaning of the Companies Act, 2013
(o) “Solution/Service/Project” means the Passbook Printing Kiosk (PBK) covering all
facilities and services as per this Agreement and RFP, to be provided by the Vendor
by implementation of all the means, such as Hardware and Software, and also testing,
maintenance, and carrying out other obligations, as elaborated in this document.
(p) IT Act shall mean the Information Technology Act, 2000 as amended from time to
time.
(r) “Intellectual Property Rights” (IPR) shall mean all rights, benefits, title or interest in
or to any Intellectual Property, anywhere in the world (whether registered or not and
including all applications of the same.) Apart from this it shall mean those Intellectual
Property Rights which are subsisting and belonging to Bank of India and which may
be passed onto the Service Provider for the limited purpose of setting up such kiosks.
(s) “Event of Force Majeure” shall mean act of God including fire, flood, windstorm,
earthquake or other natural disaster; act of any sovereign including invasion, war,
tsunami, rebellion, global/ Indian pandemics, or other acts generally beyond the
control of the Parties and affecting performance of this Agreement.
(u) RBI means the Reserve Bank of India established under the Reserve Bank of India
Act, 1934.
(v) RBI Circulars shall mean circulars issued by RBI from time to time.
(w) “Taxes” means all applicable taxes applicable to this contract (both present and
future) which may be levied by the Central Government, State Government,
Municipalities, Panchayats or any Statutory Bodies in any form and name as may be
called in effect including Education Cess, Higher Education Cess, levies, surcharges
or withholdings assessed by any Central, State or local authority as a result of the
provision of the Services by Vendor to the Bank.
1.2 INTERPRETATION
(a) Any reference in this Agreement to any Statute or statutory provision shall be
construed as including a reference to that statute or statutory provision as from time
to time amended, modified, extended or re-enacted whether before or after the date
of this Agreement and to all statutory instruments orders and regulations for the
time being made pursuant to it or deriving validity from it.
(b) The meanings set forth for defined terms in this Article and all pronouns shall be
equally applicable to both the singular and plural masculine, feminine or neuter
forms as the context may require.
(c) All references in this Agreement to Articles are to articles in or to this Agreement
unless otherwise specified therein. The words “hereof,” “herein” and “hereunder”
and words of similar import when used in this Agreement shall refer to this
Agreement as a whole and not to any particular provision of this Agreement. The
words “include”, “including” and “among other things” shall be deemed to be
followed by “without limitation” or “but not limited to” whether or not they are followed
by such phrases or words of like import.
(d) References in this Agreement to any document or agreement shall be deemed to
include references to such document or agreement as amended, varied, restated,
supplemented or replaced from time to time in accordance with the terms thereof
and to include any letters of the parties executed in connection therewith, except as
otherwise provided in this Agreement.
(e) The headings of the several Articles and sub clauses of this Agreement are intended
for convenience only and shall not in any way affect the meaning or construction of
any provision therein.
(f) The ejusdem generis rule of construction shall not apply to this Agreement and
accordingly the meaning of general words is not to be restricted by any particular
examples preceding or succeeding those general words.
(g) The terms and conditions of RFP shall mutatis mutandis be applied in this presents
however, in the event of disputes between any term or terms of this Agreement and
that of the RFP, the terms and conditions of this Agreement shall supersede.
a) The Bank hereby awards the Contract and the Successful Bidder/Vendor accepts
the award of the Contract by the Bank, to carry out the engagement as mentioned in
this agreement and the RFP.
b) Successful Bidder/Vendor is a ‘Class I Local Supplier’ and has been awarded the
contract for full quantity / Successful Bidder/Vendor is not a Class I Local Supplier
and has been awarded the contract for 50% of the quantity.
c) The Vendor agrees and undertakes to render the Services and perform its
obligations in accordance with the terms and conditions contained in this agreement
and in the RFP.
d) The Bank has a plan of installation of 2700 locations within 4 months from date of
acceptance of Purchase Order and has placed orders of 2700 PBK with Party No. 2
accordingly and Party No. 2 undertakes to complete installations/ operationalize
PBKs at all locations within the set time frame.
e) After completion of the Term of this Agreement, the Vendor shall, if so requested by
the Bank, continue to provide the Services based on mutual consent of Parties
including the applicable charges/ Fees for Services.
f) The Vendor acknowledges that based on the conditions of the RFP the Vendor has
independently arrived at the products, which is suitable for the Bank and has
recommended the same in its response after taking into consideration the effort
estimated for implementation of the same and the products provided shall meet the
requirements specified in this agreement and the RFP.
g) The vendor has represented to the Bank that without affecting their duties and
obligations under the Contract in any way, certain Services stated in Annexure IV
shall be provided by them through third party vendors through a subcontract
arrangement. The Vendor shall ensure that the sub contracted vendors shall perform
and provide the Services in accordance with the terms of this Agreement and RFP.
Notwithstanding the subcontract of certain services to any third party, the Vendor
represents and agrees that the Vendor shall be solely responsible for the
performance of the obligations with respect to the Services (including any such
subcontracted work) in accordance with the Specifications, meeting of service level
standards and rectification of errors and defects in the Services. In the event any of
the third party vendors fails to perform all obligations with respect to the Services
provided/to be provided by them to the Vendor, the vendor shall be bound to
provide/perform to meet the scope mentioned in Statement of Work attached as
Annexure V of this agreement.
i) Successful Bidder/Vendor has undertaken that it is aware of the On Site and Off Site
PBKs out of total 2700 requirement.
(a) The Vendor agrees to provide the deliverables and render the Services set out in
Annexure IV of this Agreement in accordance with the time-lines set out in Annexure
VI hereto.
(b) The Vendor shall implement the Project and perform the Current State assessment
including Detailed System study, Business Process Definition, etc.
(c) Should any or all of the scope of Service provided under terms of this Agreement, be
required to be altered or modified by the Bank due to change in the statutory or
regulatory requirement during implementation period, the Bank may require the
Vendor, to make such alteration or modification and the Vendor shall comply with the
said request without any additional charges/fees/payment.
(e) The Bank shall test the services in accordance with the Acceptance Testing process
to check whether it is meeting all the requirements under Annexure VII of this
Agreement and give the approval for the acceptance. The Vendor shall provide
necessary assistance and support to the Bank for conducting the Acceptance Testing.
(f) If timelines, as set out by Bank are not met by the Vendor, the Bank may impose
penalties as set out in this agreement/RFP on the Vendor.
(g) The Scope of Work and Implementation procedure will be as per the RFP, its
Corrigendum and this Agreement particularly in Annexure V.
ARTICLE 3
License by Vendor
Subject to the terms and conditions of this Agreement and in consideration of the
license Fees payable by the Bank, Vendor hereby confirms having granted to the
Bank a perpetual, irrevocable non-exclusive, non-transferable, non-sub licensable,
worldwide license, exercisable solely during the term of this Agreement.
a) All equipment and components thereof to be supplied under the Contract shall have
their origin in eligible source countries, as per the prevailing Import Trade Control
Regulations in India.
b) For purposes of this clause, “origin” means the place where the goods are mined,
grown, or manufactured or produced, or the place from which the related product is
supplied. Goods are produced when, through manufacturing, processing or
substantial and major assembly of components, a commercially-recognized product
results that is substantially different in basic characteristics or in purpose or utility
from its components.
ARTICLE 5
Covenants
The Vendor covenants and represents to the Bank the following:
a) It is duly incorporated, validly existing and in good standing as per the laws in India.
b) It has the corporate power and authority to enter into this Agreement and perform its
obligations hereunder. The execution, delivery and performance of this Agreement by
the Vendor and the performance of its obligations hereunder have been duly
authorized and approved by all necessary action and no other action on the part of
Vendor is necessary to authorize the execution, delivery and performance of this
Agreement;
c) Except to the extent that the same have been duly and properly completed or
obtained, will not require any filing with, or permit, consent or approval of or license
from, or the giving of any notice to, any court, governmental instrumentality or other
regulatory, governmental or public body, agency or authority, joint venture party, or
any other entity or person whatsoever.
d) To the best of its knowledge, after reasonable investigation, no representation or
warranty by Vendor in this Agreement, and no document furnished or to be furnished
to the Bank to this Agreement, or in connection herewith or with the transactions
contemplated hereby, contained or will contain any untrue or misleading or false
statement or misrepresentation or omits or will omit any fact necessary to make the
statements contained herein or therein, in light of the circumstances under which
made, misleading. There have been no events or transactions, or facts or information
which have come to, or upon reasonable diligence, should have come to the attention
of such Party and which have not been disclosed herein or in a schedule hereto,
having a direct impact on the transactions contemplated hereunder.
e) The Vendor covenants and represents that the execution, delivery and performance
of this Agreement by it:
ARTICLE 6
Insurance
a) The vendor shall ensure to insure the products supplied/ provided by the vendor at its
own cost and the insurance shall be in an amount equal to 110 percent of the value
of the Products from “Warehouse to final destination” on “All Risks” basis including
War Risks and Strikes, valid for not less than 3 months after installation and
commissioning and issue of acceptance certificate by the Bank/BOI/1st Party.
ARTICLE 7
Use of Contract Documents and Information
a) The Vendor shall not, without Bank’s prior written consent, disclose the Contract,
or any provision thereof, or any specification, plan, drawing, pattern, sample, or
information furnished by or on behalf of the Bank in connection therewith, to any
person other than a person employed by Party No. 2 in performance of the
Contract and Disclosure to any such employed person shall be made in
confidence and such disclosure shall extend only as far as may be necessary for
the purposes of such performance.
b) The Vendor shall not, without the Bank’s prior written consent, make use of any
document or information for purposes of performing the Contract.
c) Any document, other than the Contract itself, shall remain the property of Bank
and shall be returned (in all copies) to the Bank on completion of Successful
Bidder/Vendor’s performance under the Contract
Each party represents and warrants that it has the authority to enter into this
agreement and that its obligations are not in conflict with any other obligations.
Vendor hereby represents that it has the authority, skill, experience and resources to
render services hereunder and shall so render the services in an ethical and bona
fide manner and in compliance with all applicable local laws and regulations.
a) Vendor will provide uninterrupted services to the Bank, as provided in this Agreement
and RFP.
c) In case Bank requires any changes with respect to the machines, it will advise
VENDOR containing the details of such change and VENDOR will carry out the
necessary changes, within the agreed to time frame without any additional cost to the
Bank.
d) VENDOR also represents that it has the authority, skill, experience and resources to
render services hereunder and shall so render the services in an ethical and bona
fide manner and in compliance with all applicable local laws and regulations.
ARTICLE 9
Performance Bank Guarantee
from any Scheduled Commercial Bank in India other than Bank of India and acceptable to
Bank towards performance of the contract, before execution of the contract, the guarantee
shall be valid for the period of the contract i.e. for period of contract, from the commencement
of contract and with a further claim period of 3 months. Bank shall be within its rights to
invoke the performance guarantee without any notice to the Vendor, if the Vendor has
failed/fails to perform the assignments under the contract, or in the event of the Bank
terminating the contract due to non-performance and/or unsatisfactory performance as per
agreed service levels of the vendor mentioned herein.
a) The Vendor hereby indemnifies the Bank, and shall always keep indemnified and hold
the Bank, its employees, personnel, officers, directors, (hereinafter collectively referred to as
“Personnel”) 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 the Bank as a result of:
i. Bank’s use of the Deliverables and /or the Services provided by Vendor under
this Agreement; and/or
ii. An act or omission of the Vendor, its employees, agents, sub-contractors, if any
permitted by Bank, in the performance of the obligations of the Vendor under
this Agreement; and/or
iv. Breach of any of the term of this Agreement or breach of any representation or
false representation or inaccurate statement or assurance or covenant or
warranty of the Vendor under this Agreement; and/or
b) The Vendor shall at its own cost and expenses defend or settle any claim against the
Bank that the Deliverables and Services delivered or provided under this Agreement 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, Bank shall
reasonably cooperate with the Vendor in the defense, provided the cost and expenses are
borne by the Vendor
c) The Indemnity obligation of the Vendor shall survive expiry or termination of the
agreement.
This Agreement will commence on the Effective date for a period of 5 years from the date of
successful installation & commissioning of first new PBK i.e. till …………………. unless pre-
terminated as per terms hereunder.
A. 11.1 Termination for Insolvency: The Bank may, at any time, terminate the Contract
forthwith, if the Vendor becomes bankrupt or otherwise insolvent. Such termination shall not
prejudice or affect any right of action or remedy against the Vendor, which has accrued or
will accrue thereafter to the Bank.
11.2 Termination for the convenience of bank: The bank may, at any point during the
currency of this contract may terminate the contract by giving 90 days advance notice to the
Vendor without assigning whatsoever reason. Such termination will not prejudice or affect
any right of action or remedy, which has accrued or will accrue thereafter to the Bank.
11.3 Termination for non-performance and not meeting terms of this Agreement/ RFP:
The bank will review the performance of the vendor and bank may exit from contract if the
vendor does not provide satisfactory services as per the terms of this Agreement/ RFP. The
bank’s decision in this regard will be final.
11.4 Termination for breach of contract: Bank, without prejudice to any other remedy for
breach of contract, by a written notice of not less than 30 (thirty) days sent to Successful
Bidder/Vendor, may terminate the contract in whole or in part:
a) If Successful Bidder/Vendor fails to deliver any or all of the Products and Services
within the period(s) specified in the Contract, or within any extension thereof granted
by Bank; and/or
b) If the Successful Bidder/Vendor fails to perform any other obligation(s) under the
contract; and/or
c) Laxity on the Part of Successful Bidder/Vendor in adherence to standards laid down
by the Bank; or
d) Discrepancies/deviations in the agreed processes and/or products supplied /
provided by Successful Bidder/Vendor; or
e) Violations of terms and conditions stipulated in this Agreement and / or RFP.
In the event Bank terminates the Contract in whole or in part for the breaches attributable to
the Successful Bidder/Vendor, Bank may procure, upon such terms and in such manner as
it may deem appropriate, Products and Services similar to those undelivered, and
Successful Bidder/Vendor shall be liable to Bank for any increase in cost for such similar
products and/or services. However, Successful Bidder/Vendor shall continue performance
of the Contract to the extent not terminated.
If the Contract is terminated, under any termination clause, Successful Bidder/Vendor shall
handover all documents/ executable/Bank’s data or any other relevant information to Bank
in a timely manner and in proper format and shall also support the orderly transition to
another Vendor or to the Bank.
ARTICLE 12
Review Meeting
a) Bank will hold a review meeting with the responsible senior in rank of Successful
Bidder/Vendor to review the project implementation and operation. Notice to service
provider before cancellation of the Contract
i. Bank will hold meetings to review the services of the service provider as well
as uptime of the PBKs and inform/sensitize the service provider about Bank’s
concern. If the performance of contract is not satisfactory to the Bank the Bank
shall be within its right to cancel the contract by giving -----------------days’ notice.
If the Bank decides not to cancel the contract, the Bank may at its discretion
allow ----------------time to Service Provider to improve the performance. If the
Service Provider fails to perform the contractual obligations within the time
provided the Bank shall be within its right to cancel the contract.
ii. In case of initial installation period, the Bank shall be within its right to cancel
without giving the ----- days’ notice.
b) Despite the above mechanism, if the bank is not still satisfied with the performance,
bank reserves the right to terminate the contract and invoke the performance bank
guarantee without prejudice to any other right available to Bank.
ARTICLE 13
RIGHT TO AUDIT
b). Where any deficiency has been observed during audit of the Service Provider on the
risk parameters finalized by the Bank and /or in the certification submitted by the
Auditors, the Service Provider shall correct/resolve the same at the earliest and shall
provide all necessary documents related to resolution thereof and the auditor shall
further certify in respect of resolution of the deficiencies. The resolution provided by
the Service Provider shall require to be certified by the Auditors covering the
respective risk parameters against which such deficiencies have been observed.
c). Service Provider shall, whenever required by the Bank, furnish all relevant information,
records/data to such auditors and/or inspecting officials of the Bank/Reserve Bank of
India and/ or any regulatory authority. The Bank reserves the right to call and/or retain
for any relevant material information /reports including audit or review reports
undertaken by the service provider (e.g., financial, internal control and security
reviews) and findings made on Vendor’s performance by the Bank in conjunction with
the services provided under this contract.
ARTICLE 14
Right to Defective Product
If after delivery, acceptance and installation and within the warranty period, the
operation or use of the product is found to be unsatisfactory, the Bank shall have the
right to continue to operate or use such product until rectification of defects, errors or
omissions by partial or complete replacement is made without interfering with the
Bank’s operation.
ARTICLE 15
Assignment
b) In case of merger, reorganization etc. of Bank the benefits under this agreement /
contract of the Bank shall be vested with the new entity.
Bank,though not obligated, reserves the right to place order for additional 15% PBKs
that is 405 PBKs in addition to 2700 PBKs on the same terms and conditions on or
before the end of the contract period at the contracted daily charges / rental and terms
and conditions
ARTICLE 17
Liquidated Damages
ARTICLE - 18
Payment and Payment Terms
a). In consideration of Vendor rendering the deliverables and Services under this
Agreement and providing the perpetual, irrevocable license to the software the Bank shall
pay to the Vendor, the Fees/charges as stated in Annexure III hereto.
b). The Fees/Charges payable as stated above by the Bank to the Vendor are inclusive
of all present and future Taxes, costs and charges including levies, duties, license fees,
Octroi or entry-tax road permits etc. GST payable, if any, under this contract shall be payable
c). The Fees shall be subject to deduction of penalties if any, levied on the Vendor by the
Bank in accordance with the provisions of this Agreement. All payment of Fees shall be made
after deduction of the applicable taxes if any and payment shall be made in Indian Rupees
only.
d). The Vendor shall submit duly authenticated invoice and other documents necessary
as per the terms of this agreement, along with the request letter for payment of cost of
passbook printing kiosk. The payment shall be directly credited to the designated account
provided by the Vendor through electronically after deducting applicable TDS, if any. The
payment after deducting applicable TDS will be released centrally at the Bank's Head Office
or at such decentralized locations/other offices as the Bank may decide from time to time.
The payments shall be released only on acceptance of the order and on signing the
agreement/contract by the Vendor and also on submission of contract performance
guarantee as specified herein. The Vendor shall be responsible for extending the validity
date and claim period of all the bank guarantees on account of incompletion of work as stated
herein this Agreement and/ or RFP to the satisfaction of Bank.
e). Prices payable to the Vendor as stated herein shall be firm and not subject to upward
revision during performance of the Contract, irrespective of reasons whatsoever, including
exchange rate fluctuations, changes in taxes, duties, levies, charges, etc.
f). The Vendor shall pass on to the Bank, the benefit of discounts if any announced in
respect of the cost of the items for which orders have been placed during that period.
g). Notwithstanding anything contained in this Agreement or the RFP where the Vendor
is liable to pay any amount to the Bank, on account of penalties under this agreement or on
account of discrepancies in the invoices, invocation of indemnity by the Bank, for third party
claims, statutory dues or for any other reason the Bank shall without prejudice to its other
rights be within rights to adjust such amounts from the Fees payable to the Vendor and raise
a demand on the Vendor for the balance amount if any and the Vendor shall pay such amount
to the Bank within 10 working days of receipt of such demand.
h). Vendor acknowledges that the Vendor has submitted its price quote in response to
the RFP and subsequent discussions based on an independent study of all aspects of the
Contract and hence under no circumstances shall the Vendor be entitled to any amounts in
excess of what has been agreed upon under this Agreement.
i). All out of pocket expenses, travelling, boarding, accommodation and lodging
expenses which may be incurred by the Vendor and/or its officials in connection with the
ARTICLE 19
Service Support
Vendor will provide to the Bank the Service Support as described in the Service Level
Agreement, annexed with this Agreement as Annexure-2.
ARTICLE 20
Taxes and Duties
a). The Vendor shall also be liable to pay all corporate tax, income tax and any other
taxes that shall be levied on according to the laws and regulations applicable from time to
time on the Fees paid to the Vendor. No costs/expenses shall be payable by the Bank for
traveling (including local conveyance), boarding, lodging, out-of-pocket expenses, liaison,
etc. during the validity of the contract.
b). Wherever the laws and regulations require deduction of any Taxes at the source of
payment, Bank shall be entitled to effect such deductions from the payment due to the
Vendor and make remittance to the competent authority. A certificate evidencing such
deductions shall be provided by Bank to Vendor to this effect.
c). The Vendor’s staff, personnel and labour will be liable to pay personal income taxes
in respect of such of their salaries and wages as are chargeable under the laws and
regulations for the time being in force, and the Vendor shall perform such duties in regard to
such deductions thereof as may be imposed on the Vendor by such laws and regulations.
The Vendor further undertakes to obtain such licenses, permit etc. renewal from time to time
and it shall be solely responsible in the event of contravention of any Act, Laws or rules in
this regard.
d). The Vendor shall conform to/ abide by the laws, rules and regulations of Central/
State Government / Reserve Bank of India / and/ or any regulatory authority in regard to
employment of agents /associates / employees etc including the Minimum Wages Act.
e). The Vendor shall pay all the taxes, rates, charges, levies, claims whatsoever that may
be imposed by State / Central Government or any local body or any Regulatory Authority for
the said purposes and for employing such persons for the services and shall provide proof
thereof as and when required by Bank.
ARTICLE 21
Confidentiality
a). The Vendor acknowledges that in the course of performing their obligations under this
Agreement, the Vendor shall be exposed to or acquire Confidential Information of the Bank
or its customers/clients. The Vendor understands and acknowledges that it will be given
b). The Vendor will, at all times, maintain confidentiality of the Confidential Information
and of this Agreement, Information of Bank including of the Bank’s Customer, any business
, technical, financial information / data or any other information disclosed or accessible to
the Vendor for this project whether at the time of disclosure, designated in writing as
confidential or not.
c). The Vendor agrees and undertakes to keep in confidence and not disclose to any
third party and all Confidential Information available to the Vendor and whether such
information is given in writing or oral or visual, and whether such writing is marked to indicate
the claims of ownership and/or secrecy or otherwise. The Vendor agrees and undertakes
that it shall not use, nor reproduce for use in any way, any Confidential Information of the
Bank except to the extent required to fulfill its obligations under the Agreement. The Vendor
agrees and undertakes to protect the Confidential Information of the Bank with at least the
same standard of care and procedures used by to protect its own Confidential Information of
similar importance but at all times using at least a reasonable degree of care.
d). The Vendor shall also ensure that its officials/employees and if Vendor is permitted
by the Bank in writing to assign, delegate or hire another person to assist it in the performance
of its obligations under this Agreement, such person/s also shall maintain the confidentiality
of the Confidential Information in the same manner as the Vendor is bound to maintain the
confidentiality.
e) The provisions of this Article shall survive notwithstanding the expiration or termination
of this Agreement for any reason whatsoever.
f) The Vendor agrees and confirms that the Vendor is aware that Party No 1 is regulated
and controlled by Reserve Bank of India in terms of its circulars both existing and which are
issued from time to time. The Vendor s further aware that in terms of the said circulars the
Vendor is bound to adhere to stipulations as prescribed by the RBI at par with that of the
Bank of India. The Vendor undertakes to comply with the same and shall periodically submit
such reports in such formats as may be prescribed by the Bank of India.
ARTICLE 22
INTELLECTUAL PROPERTY RIGHTS
a). Vendor agrees, warrants and undertakes to Bank that it or its directors, officers,
employees, agents, consultants, representatives, subsidiaries, associates, etc shall
take steps aimed at ensuring that the Intellectual Property Rights are not infringed,
passed off, diluted, reverse-engineered, hacked into, misappropriated, tampered with
and/or copied.
b). Vendor shall not use the trademarks, logos or service marks of the Bank in any
marketing and advertisement collateral or in any other form without obtaining prior
written consent of Bank .
d). If Successful Bidder/Vendor fails to comply and Bank is required to pay compensation
to a third party resulting from infringement, Successful Bidder/Vendor shall be
responsible to reimburse and compensate such amount to Bank, without any protest
or demur.
e). Successful Bidder/Vendor hereby indemnifies and shall indemnify Bank against all
third party claims with respect to copyright, patents, trademark etc.
ARTICLE 23
Termination after audit or inspection
Notwithstanding anything contained in this Agreement or the RFP, the Bank reserves the
right to terminate the agreement if the bank is of the opinion, after a due process of audit and
inspection that the service provided by the Vendor is not up to the standards and
expectations as promised to be undertaken. In such an event, the Bank reserves the right to
not only forfeit the earnest money deposited but also encash the performance guarantee
without prejudice to any other right available to Bank at law or in equity including but not
limited to approach the appropriate court of law seeking consequential damages, lost
opportunity cost and reputational cost etc which the bank may suffer.
ARTICLE 24
Anti-Bribery Clause
The Vendor/ Service provider represents, warrants and covenants that it and its Associated
Persons have conducted, and at all times conduct its and their respective businesses in
accordance with applicable laws, rules, decrees and/or official orders of the Government of
India. The service provider and its associates shall maintain adequate procedures in
furtherance of the foregoing. “Associated Persons” means any person associated with the
Service Provider including, but not limited to, Service Provider’s subsidiaries, holding
companies and their respective owners, directors, officers, employees, agents,
Representatives, sub-contractors and suppliers.
ARTICLE 25
Anti - poaching
Successful Bidder/Vendor agrees that during the Term of the Contract and a period of 12
months from the end of the contract, neither Successful Bidder/Vendor nor any of its
associated person will solicit or recruit the services of any of the employees of Bank, or hire
any employees of Bank.
The Service Provider undertakes that no person related to any of its employees or officers is
working with Bank.
ARTICLE 27
Survival
ARTICLE 28
Entire Agreement
This Agreement together with RFP constitutes the entire understanding between the
Parties with respect to the subject matter hereof and supersedes prior negotiations,
representations, or agreements, either written or oral. However should there be a provision,
obligation or a condition contained in the RFP which are not included in this agreement, such
provision, obligation or condition shall be deemed to be incorporated in this Agreement.
ARTICLE 29
Amendment
These terms and conditions may be amended by the Parties from time to time.
However, no change or modification of this Agreement shall be valid unless the same shall
be in writing and signed by both the Parties.
ARTICLE 30
Dispute Resolution
For any dispute arising out of these terms and conditions and also with regards to
service provided by the Vendor including but not limited to interpretation, applicability etc.
parties will try to resolve it amicably. However, if Parties failed to resolve it amicably within
30 days, the same may be referred to sole arbitrator appointed by the Parties by mutual
consensus. The arbitration proceedings shall be governed by Arbitration and Conciliation
Act, 1996. The venue and seat of the arbitration shall be at Mumbai. Only the courts in
Mumbai shall have Jurisdiction. The proceedings shall be conducted in English language.
The award passed by the arbitrator shall be final and binding on the parties. If the Parties
fails to reach mutual consensus identifying an Arbitrator, the Parties shall be free to approach
the competent court of law for adjudication of the dispute It shall be the endeavor of both
parties to appoint an arbitrator who has necessary technological knowledge and expertise
with regards to the service provided under this Contract.
Any publicity by the Vendor in which the name of the Bank is to be used shall be done
only with the explicit prior written permission of the Bank. The Bank shall be entitled to impose
such conditions or restrictions in relation to the manner of use of the name of the Bank in any
publicity material used by the Vendor.
ARTICLE 32
Compliance of Applicable Law
Parties agree that they will comply with all the respective applicable laws at all the
time during the subsistence of these terms and conditions.
ARTICLE 33
Inspection of Records and Installations
The Bank and/or RBI and or any other government or Regulatory Authority and any
Agencies engaged by the Bank and/or RBI and or any other government or Regulatory
Authority and any Agencies shall be authorized to make inquiries and audit the Vendor’s
compliance with the provisions of this Agreement and the Vendor agrees to provide the Bank
with such information and access for audit as requested for by the Bank and / or RBI and /or
any other government or Regulatory Authority band any Agencies. At all times the Bank
and / or RBI and /or any other government or Regulatory Authority shall have the right to
inspect the premises, books and records of the Vendor directly or through its representatives.
All Vendor’s records with respect to any matters covered by this agreement and / or as may
be required by RBI and / or the Bank and / or any other government or Regulatory Authority
shall be made available to the Bank or its designees, to audit, examine and make excerpts
or transcripts of all relevant data. If the Bank permits the Vendor to outsource any of the
activities under this contract which shall always be in writing, the Vendor shall ensure that
necessary agreement is entered into with the Agency engaged for such purpose and such
agreement shall also contain necessary mandate by the said outsourced agency inter-alia
agreeing for production of documents called for, inspection and audit of their premises and
books by RBI and / or the Bank and any other/ or Agencies and/ or any other government
and/ or Regulatory Authority engaged by the Bank and / or by the RBI. Vendor is aware that
any failure to permit inspection may result in RBI imposing fine/ penalty and all such amounts
shall be paid by the Vendor. Here the Bank, RBI or Regulatory Authority may engage
statutory auditors, the Chief Technological Officer of the bank or an independent firm
appointed by the bank.
Bank also reserves the right to carry out inspection by a team of its officials, of any of its
existing live installations of Successful Bidder/Vendor referred to in the Technical Bid for
conforming the Eligibility Criteria.
Nothing stated hereinabove shall in any way release Successful Bidder/Vendor of any
obligations under this contract.
b) Warranty for Hardware/System Software/ off the Software will be provided to the Bank
as per the general conditions of sale of such software.
ARTICLE 35
No Agency
(a) The Vendor shall perform its obligations under this Agreement as an independent
contractor. Neither this Agreement nor the Vendor’s performance of obligations under this
Agreement shall create an association, partnership, joint venture, or relationship of principal
and agent, master and servant, or employer and employee, between the Bank and the
Vendor or its employees, subcontractors; and neither Party shall have the right, power or
authority (whether expressed or implied) to enter into or assume any duty or obligation on
behalf of the other party.
(b) The Vendor shall solely be responsible for all payments (including any statutory
payments) to its employees and shall ensure that at no time shall its employees, personnel,
ARTICLE 36
Prohibition against Project Outsourcing Or Sub Contract
(a) The Vendor shall not assign, outsource, or sub-contract to any third party, in whole or
in part, its duties and obligations under the Contract, or change its constitution except on the
Bank’s prior written consent. The Bank shall be within its absolute right at its sole discretion
to refuse/deny the consent and the same shall not be challenged by the Vendor.
(b) Vendor shall ensure that outsourcing or Subcontracts if permitted by the Bank in
writing, shall comply with the provisions of this Agreement underlying the confidentiality
obligation. It is clearly understood that the Vendor shall be solely and primarily responsible
to fulfill its obligations and adhere to the time limits agreed upon and stated in this Agreement
irrespective of whether any sub-Contracting is permitted by the Bank. It is clarified that the
Bank shall not be liable or answerable to the Sub-Contractors under any circumstances. The
Bank and/or the RBI and/ or any other government or Regulatory Authority shall be
authorized to make inquiries and audit the Sub-Contractors compliance with its obligations
and the Vendor agrees to provide the Bank with such information and access for audit of the
Sub-Contractors, as requested for by the Bank and/or RBI and/ or any other government or
Regulatory Authority. At all times, the Bank and/or the RBI and/ or any other government or
Regulatory Authority shall have the right to inspect the premises of the Sub-Contractors
directly or through its representatives. All Sub-Contractor’s records with respect to any
matters covered by this Agreement and/or as may be required by RBI and/or the Bank and/
or any other government or Regulatory Authority shall be made available to the Bank or its
designees as often as the Bank deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data. The Vendor shall accordingly incorporate the necessary
clauses to that effect in the agreement with the Sub Contractor.
ARTICLE 37
Waiver
No failure or delay on the part of the Bank relating to the exercise of any right, power,
privilege or remedy provided under this Agreement shall operate as a waiver of such right,
power, privilege or remedy or as a waiver of any preceding or succeeding breach by the
Vendor nor shall any single or partial exercise of any right, power, privilege or remedy
preclude any other or further exercise of such or any other right, power, privilege or remedy
provided in this Agreement All of which, unless expressly stated otherwise, are several and
cumulative and are not exclusive of each other or of any other rights or remedies otherwise
available to the Bank at law or in equity.
The Vendor agrees that the Bank shall be entitled to an injunction, restraining order,
right for recovery, suit for specific performance or such other equitable relief as a court of
competent jurisdiction may deem necessary or appropriate to restrain the Vendor from
committing any violation or enforce the performance of the covenants, obligations and
representations contained in this Agreement. These injunctive remedies are cumulative and
are in addition to any other rights and remedies the Bank may have at law or in equity,
including without limitation a right for recovery of the amounts due under this Agreement and
related costs and a right for damages.
ARTICLE 39
Force Majeure
Should either party be prevented from performing any of its responsibilities (as
mentioned in the agreement) by reasons caused by an act of God or any cause beyond its
reasonable control, the time for performance shall be extended until the operation or such
cause has ceased. If a Force Majeure situation arises, the Vendor shall promptly notify the
Bank in writing of such conditions and the cause thereof within 10 calendar days. Unless
otherwise directed by the Bank in writing, the Vendor shall continue to perform its obligations
under the Contract as far as it is reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure event. In such a case,
the time for performance shall be extended by a period(s) not less than the duration of such
delay. If the duration of delay continues beyond a period of 7 days, the Bank shall be within
its right to terminate the Contract and the decision of the Bank shall be final and binding on
the Vendor in this regard.
ARTICLE 40
Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of India.
Without prejudice to the arbitration provisions contained under Resolution of Disputes clause,
the courts of Mumbai alone and no other courts shall be entitled to entertain and try any
dispute or matter relating to or arising out of this Agreement. Notwithstanding the above, the
Bank shall have the right to initiate appropriate proceedings before any court of appropriate
jurisdiction, should it find it expedient to do so.
ARTICLE 41
Counterparts
This Agreement may be signed in two counterparts, each of which is an original and
both of which, taken together, constitutes one and the same instrument.
All the stamp duty and other expenses on this agreement shall be borne by the Vendor
only.
(i) Any notice and other communications provided for in this Agreement shall be in
writing and shall be first transmitted by email / facsimile transmission and then by
postage prepaid registered post with acknowledgement due or by a reputed courier
service, in the manner as elected by the Party giving such notice.
Bank of India,
Digital Banking Department,
Head Office, Star House -2,
6th Floor, C-4, G-Block,
Bandra Kurla Complex, Bandra (East),
Mumbai – 400 051.
By registered mail will be deemed to have been given two (2) business
days after posting thereof
By facsimile will be deemed to have been given then received (if received
on a Business Day), or on the next Business Day after receipt (if received
on a non-Business Day).
By personal delivery will be deemed to have been given when received (if
received on a Business Day), or on the next Business Day after receipt (if
received on a non-Business Day).
IN WITNESS whereof the parties hereto have caused this agreement to be executed in
accordance with their respective laws the day and year first above written.
____________________
Shri __________ (Name)
Designation:
----------------------------
--------------------------------
Witness: