Request for Proposal

For end-to-end implementation of

Reconciliation of Transactions of Alternate Delivery Channels

in Bank of India

Ref: BOI/HO/IT/ADC-RECON dated 18/05/2020

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INDEX

The products and services required, bidding procedures, contract terms and conditions are prescribed in the RFP. The Bidding Documents include:

PART CONTENT

PART 1 Invitation to Bid

PART 2 Disclaimer

PART 3 Instructions for Bidders (IFB)

PART 4 Terms and Conditions of Contract (TCC)

PART 5 Technical & Functional Specifications (TFS)

PART 6 Bid Forms, Price Schedules and other forms (BF)

PART 7 Schedule of Dates, Amounts, etc. (SDA)

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PART 1: INVITATION TO BID

1.1 Background Bank of India is a state owned banking and financial services PSU based in India. Having more than 5000 branches in India spread over all states/ union territories including specialized branches. These branches are controlled through 54 Zonal Offices. There are 60 branches/ offices and 5 Subsidiaries and 1 joint venture abroad.

Our Bank is inviting Bids from the bidders to provide Reconciliation Solution in Bank of

India as well as Regional Rural Banks of Bank of India on an OPEX (operational

expenditure) model.

1.2 Objective

The Bank plans to implement Comprehensive Reconciliation Solution encompassing all

transactions. The solution deployed should be a state of the art software suite, ensuring

scalability, risk mitigation, volume sustainability, and business intelligence and be

configurable to different reconciliation requirements. The solution will have to be

upgraded by the Vendor free of cost any time in the event of any changes / modification /

new regulatory requirements or reporting requirements which warrants compliance. The

solution would need to be interfaced to the CBS and other 3rd party solutions to meet the

business requirements.

The purpose of this RFP is to obtain competitive proposals for solution that meet the

Centralised Reconciliation requirements. The solution deployed should meet the

requirements as listed in Part5 Technical & Functional Specifications (TFS). Any up

gradation or modification required by the Bank till the time of Go-Live and any up gradation

or modification required as per the requirement of any regulator (FIU-IND, RBI or IBA) to

be provided free of cost by the vendor.

1.3 Schedule of Bid submission / Address for communication

The Bidding Document may be obtained from the Bank as under or downloaded from Bank’s Website http://www.bankofindia.co.in/tenders and the bid should be submitted to the office of Bank Of India , I T Dept., Head office, Star House2, C-4, G-Block, 8th Floor, Bandra Kurla Complex, Bandra (East) Mumbai – 400 051.

i. Please note that all the information desired needs to be provided. Incomplete information

may lead to non-selection. ii. All Bids must be accompanied by Bid Security as specified in the Bid document.

iii. A non-refundable bid amount of Rs.50,000/- to be paid by means of a demand draft / pay

order favoring “Bank of India” payable in Mumbai. If bid downloaded from website, the cost of the bid may be paid along with the technical bid in a separate envelope.

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Date and Time of commencement of inspection / Sale of Bid Document

18.05.2020

Date till which pre bid queries to be sent (only through email)

22.05.2020 (Please mention tender ref. no. in the email subject)

Designated Officers for Communication

Mr. Pravat Kumar Pandey (Chief Manager) Ph No : - (022) 61319461 Pravat.Pandey@bankofindia.co.in

Mr. Vijay Sawant (Senior Manager) Ph No : - (022) 61319874 vijay.sawant@bankofindia.co.in

Date and time of email request of pre-bid meeting through Cisco Webex e-meeting

22.05.2020 by 3.00 p.m. on that day.

Pre-Bid meeting 26.05.2020 at 3:00 pm

Last Date and Time for Receipt of Bids at Bank of India (Address as given below)

09.06.2020 by 3.00 p.m. on that day.

Date and Time of opening of Technical Bids

09.06.2020 - 4.00 p.m.

Date and time of opening of Price Bids

Will be advised separately.

Address for submission of bid

General Manager Bank of India, Head Office, I T Dept., 8th Floor, Star House2, C-4, G-Block, BKC Bandra East, Mumbai – 400 051. Email: HeadOffice.it@bankofindia.co.in

Bid Document Availability Bidding document

iv. Bank reserves the right to change the dates, timings mentioned above or elsewhere mentioned in the RFP, which will be communicated by placing the same as corrigendum under Tender section on Bank’s web-site.

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PART 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 This is not an offer by the Bank but only an invitation to bid in the selection process initiated

by the Bank. 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 Bidder.

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.

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PART 3: INSTRUCTIONS FOR BIDDERS (IFB)

TABLE OF CLAUSES

Clause No.

Topic Clause No.

Topic

A. Introduction 3.18 Format and Signing of Bid

3.1 General D. Submission of Bids

3.2 Broad Scope of Work 3.19 Sealing and Marking of Bids

3.20 Deadline for Submission of Bids

3.4 Eligibility Criteria 3.21 Late Bids

3.5 Cost of Bidding. 3.22 Modification & Withdrawal of Bids

B. Bidding Documents E. Bid Opening and Evaluation

3.6 Content of Bidding Documents 3.23 Opening of Bids by the Bank

3.7 Clarification of Bidding Documents

3.24 Clarification of Bids

3.8 Amendment of Bidding Documents

3.25 Preliminary Examination

C. Preparation of Bids 3.26 Evaluation & Comparison of Price Bids

3.9 Language of Bid 3.27 Contacting the Bank

3.10 Documents comprising the Bid

F. Award of Contract

3.11 Bid Form

3.28 Post qualification

3.12 Bid Prices

3.29 Award Criteria

3.13 Bid Currencies 3.30 Bank’s Right to Accept Any Bid and to Reject Any or All Bids

3.14 Documents establishing Bidder’s Eligibility and Qualifications

3.31 Notification of Award

3.15 Documents establishing eligibility of products & conformity to Bid Documents

3.32 Signing of Contract

3.16 Bid Security 3.33 Performance Security

3.17 Period of Validity of Bids

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A. Introduction

3.1 General

i. Bank of India (hereinafter referred to as BOI or Bank) wishes to put in place Reconciliation

of Transactions of Alternate Delivery Channels in Bank of India and a minimum uptime time of 99.95%.

ii. Solution will also have to be extended to the Bank of India sponsored RRBs for which only implementation cost will be paid by the Bank.

iii. Towards this end, BOI wishes to select a competent vendor who will be

able to deliver / implement the required solution and integrate the same with the Banks’ applications of respective and that of RRBs. Vendor will also be required to support Bank and RRBs in integration of future solutions, which Bank/RRBs are going to procure.

3.1.1 Independent External Monitors (IEM)

Bank of India has empanelled Independent External Monitors (IEMs) for implementation of Integrity Pact (IP) in respect of procurements as per directives received from the Central Vigilance Commission (CVC).

The details are as under:-

1 2

Dr. Joginder Paul Sharma, IAS (Retd) Ex-Principal Secretary. Govt. of UP D-266, Sector-47,Noida, UP Mobile: 9650999444 e-mail: sharmajp1@gmail.com

Shri Ashwani Kumar Ex-CMD, Dena Bank Flat No. 101, 1st Floor Plot No. F.P. No.81, Ruby Bandra West Ruby CHSL, 29th Road, Near Duruoella Convent High School. Mobile: 9920262626 e-mail:ashwani_ashwani1@yahoo.co.in

3.1.2 Integrity Pact (IP)

Venders/bidders/sellers, only those who commit themselves to Integrity Pact (IP) with the Bank, would be considered competent to participate in the bidding process. In other words, entering into this pact would be the preliminary qualification. In case of bids not accompanied with signed IP by the bidders along with the technical bid, the offers shall be summarily rejected. IP shall cover all phases of contract i.e. from the stage of Notice Inviting Tenders

(NIT)/Request for Proposals (RFP) till the conclusion of the contract i.e. final

payment or the duration of warrantee/guarantee. Format of IP is provided as

Annexure-E for strict compliance.

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3.2 Broad Scope of Work

i. A Bidder should be a System Integrator for providing an end to end scalable Reconciliation Solution or bidder who directly can provide the required solution – The solution should be implemented at Bank and RRBs of BOI and should cover all existing branches / regional offices/administrative offices.

ii. The vendor will have to supply and install the solution at Bank and

respective RRBs Head Offices / Data Centre and also should replicate at Disaster Recovery Site, Bangalore/ other major city in India. DC and DR will function as Active/Passive. The RTO and RPO requirement for DC DR replication will be 15 minutes. Application and database to have separate instance for Bank and each RRB. Implementation will be at DC (CBD Belapur-Navi Mumbai) and DR at Bengaluru. These locations, if changed, the solution be implemented accordingly. Network security and other infrastructure will be provided by the Bank.

The project will be implemented at the location(s) desired by Bank.

The vendor should develop a project implementation plan indicating milestones and deliverables to BOI.

The project implementation plan will be monitored regularly and delay in achieving milestones and deliverables will be analyzed and corrective action taken.

iii. The Solution involves Business Rules engine (to enable configurability)

Alerts Mechanisms and MIS reporting based system integrated with various organizational financial transaction based Systems/Applications.

iv. The Bank will provide necessary infrastructure, Printer, Email facility, Work

space, furniture and electricity to enable the vendor to complete implementation.

v. MIS Reports generation: The solution should also generate data files as per the format needed by Bank from time to time.

vi. To provide details regarding Database Design, Table Structure, Application

Programming Interface etc. so as to give the Bank , sufficient insight on working of the application or software.

vii. To provide adequate training and operational guidelines to designated

bank-staff for data extraction, conversion and uploading tasks, Report Generation Software / Tools installed .The Bank may provide a centralized location for training or may ask the successful vendor to give training at different centers required by Bank of India.

viii. The solution provider (bidder) must ensure that the solution given is

compatible to integrate with our systems especially the CBS which use Oracle as database. Any middleware if required for necessary integration,

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needs to be provided by the bidder within the same quote given for the entire solution.

ix. Implementation site, if changed, will be informed to successful bidder.

x. This clause stands deleted.

xi. The solution /application may be accessed by different locations. Solution

provide (bidder) to ensure the same.

xii. Any minor up gradation or modification required by the Bank to be

provided free of cost by the vendor.

xiii. Bid price for the software to be quoted.

xiv. The solution should have the capability to integrate with Finacle or any

other third party solution as required by the Bank.

xv. Vendor must provide minimum 20 qualified fit & proper resources verified

by the police, having graduation or diploma onsite resources during office

hours of the bank and in case of exigencies the bank can request for extra

hours and night shifts.

xvi. The Bank may provide a centralized location for training or may ask the successful vendor to give training at the centres required by Bank of India.

xviii. If the Bidder is not a manufacturer, they should provide documentary evidence (e.g. Manufacturers’ Authorization Form) for having tied up with the main participating agencies in this outsourcing project.

xix. Further, the system integrator or bidder should be able to provide the

necessary interfaces with our existing Service Provider/s. This includes Finacle, Data warehouse or any other solution as needed by the Bank.

xx. The system integrator or bidder will be one point contact to provide the

solution to the Bank. The selected system integrator or bidder will provide the Bank a complete solution including but not limited to supply, installation of required software.

1. ‘Successful Bidder’ is the system integrator or bidder whose

technical bid is proved responsive and emerges as L1 bidder in commercials evaluation process.

xxi. The solution proposed by the system integrator or bidder should have been operationalised and continue to be in successful operation in at least two Private / Public Sector Undertaking Bank /Foreign Bank in India or abroad for at least three years. Certification of satisfaction of the service from G.M

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(for implementation in India) or Head of Department (for implementation Abroad) should be provided.

2. A summary of one such project implemented must be enclosed with

the Technical Bid, giving the following details:

Name of the Client Number of Branches Nature of the Project Scope of the Project Project Deliverables Architecture of the solution implemented Date of award of Contract Date of commencement of the Project Date of successful commissioning of the Project (Pilot / Live) Whether the Project has been vetted / audited by any independent

Agency / Institutional Consultants of Repute, and if so, outcome thereof. Name of the person who can be referred to from Clients' side, with

Name, Designation, Postal Address, Contact Phone and Fax numbers, E-Mail IDs, etc. (Attach copies of purchase orders)

(Above Details are MANDATORY and to be included in technical bid. Without the above details, the Bid is liable to be Rejected)

xxii. The Bank also reserves the right to inspect such installation/s while

evaluating the Technical Bid. The system integrator or bidder should obtain permissions and bear all the expenses in this regard.

xxiii. Bank will provide Hardware with operating windows server of 2008-2016 & database as SQL & Oracle. Any other software required to run the solution should be provided by bidder.

xxiv. The primary vendor will be responsible for patching of OS and closing of any Vulnerabilities in the Servers(i.e Application, Data Base and all related servers) as reported by the VAPT Audit of the Information Security Cell of Bank of India. Furthermore, the upgradation of DBMS and any other software being utilized by the Vendor would be the responsibility of the Vendor.

xxv. Vendor has to make necessary changes in the recon system whenever any requirement arises due to any advisory of controlling agencies like DFS,RBI,IBA,NPCI etc.

xxvi. As the TAT period of ATM failure transaction is reduced from 7 working days to 5 calendar days, vendor has to deploy their resources on holidays also.

xxvii. All the complaints related to ATM/POS should reflect in our OCRM system and there should be on line tracker for tracing the customer complaints.

xxviii. There should be a separate tracker for ombudsman complaints.

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3.4 Eligibility Criteria

i. Bidder should be a registered company in India under relevant Indian

Companies Act / Companies Act 1956 and should have been in operation for a period at least two years as on date of RFP.

ii. Bidder or OEM should have implemented and/or managed end to end

Reconciliation Solution successfully for minimum 03 year, in at least two Private / Public Sector Undertaking Bank /Foreign Bank in India or abroad. One of the locations must be a ‘Finacle’ location. Software solution should be capable of handling minimum 1.5 Cr. transaction in a Billing Cycle. Bidder should give proof of handling mimimum10 Crore transactions in PSBs.

iii. Bidder or OEM should have experience of 3 years of deployment,

monitoring and management of Reconciliation Solution in India /abroad.

iv. The Bidder should have yearly sales turnover of not less than Rs.100 Crores during last two financial years (2016-17 and 2017-18). Bidder should submit the latest Annual Financial Statement i.e. of FY-2017-18, if audited. (Certificate from a Chartered Accountant to be attached).

v. The bidder must be having positive net worth in at least two of the last

three years (2015-16), (2016-17) and (2017-18). Bidder should submit the latest Annual Financial Statement i.e. of FY-2017-18, if audited. (Certificate to that effect from Chartered Accountant to be attached).

vi. Bidder should not have been blacklisted by any PSU bank in India / IBA

/ RBI in the last 3 years.

vii. The bidder should have permanent office in India with easy access.

viii. The bidder should have branch/ service centers at any one center in India and list of branch / service center / franchises with full details of Name, Address / Telephone Number should be attached.

ix. The Bank also reserves the right to inspect such installation/s while

evaluating the Technical Bid. The vendor should bear all the expenses in this regard. Site visits by Bank’s Evaluation Team are mandatory and all the expenses incidental to same are to be borne by vendor.

x. The bidder can offer own solution or a solution developed by an OEM

and submit Manufacturer’s (OEM) Authorization Certificate/Form.

xi. The application software offered should have adequate redundancy, fault tolerance and Disaster recovery arrangement.

xii. The solution offered must be already implemented, in Private / Public

Sector Undertaking Bank in India or abroad having minimum business mix of Rs. 0.5 lakh crore as on 31.03.2020.

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xiii. Financial statements i.e. Balance sheet and Profit & Loss accounts for

last three years will have to be submitted.

xiv. The bidder must have satisfactorily conducted Bank Account. A certificate to that effect from bidder’s Banker should be furnished along with the bid.

xv. Vendor must secure a score of 90% marks in functionality sheet (Part 5:

Technical & Functional Specification-TFS) to become technically eligible.

xvi. The solution provided should be PCI-DSS or PA-DSS Compliant.

xvii. At the end of contract period of 5 years, the bidder must offer the solution to Bank, for internal use for unlimited period at a special cost of Re.1/-.

3.5 Cost of Bidding

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.

B. The Bidding Documents

3.6 Content of Bidding Documents

i. The products required, Bidding procedures, and contract terms are prescribed in the Bidding Documents. The Bidding Documents include: PART 1 - Invitation to Bid (ITB) PART 2 - Disclaimer PART 3 - Instruction for Bidders (IFB) PART 4 - Terms and Conditions of Contract (TCC) PART 5 - Technical & Functional Specifications (TFS) PART 6 - Bid Forms, Price Schedules and other forms (BF) PART 7 - Schedule of Dates, Amount, etc. (SDA)

ii. The bidder is expected to examine all instructions, forms, terms and

specifications in the Bidding Document. Failure to furnish all information required by the Bidding Document or to submit a Bid not substantially responsive to the Bidding Document in every respect will be at the Bidder’s risk and may result in the rejection of the Bid.

3.7 Clarification of Bidding Documents

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A prospective system integrator or Bidder requiring any clarification of the Bidding Document may notify the Bank in writing or by Fax at the address / fax number / e-mail indicated in Invitation to Bid. The Bank will respond at the time of pre-bid meeting to any request for clarification of the Bidding Document, which it receives no later than six (6) days prior to the date of pre-bid meeting. Relaxation in any of the terms contained in the Bid, in general, will not be permitted, but if granted, the same will be communicated through Bank’s website. Note: - The pre-bid queries should be submitted in form of excel sheet via e-mail as per Format 6.16.

3.8 Amendment of Bidding Documents

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 a clarification requested by a prospective system integrator or Bidder, may modify the Bidding Document/s, by amendment.

ii. All prospective System Integrators or Bidders that have received the

Bidding Document will be notified of the amendment in writing by hosting on Bank’s Website or fax or E-mail and will be binding on them. Notification of amendments will be put up on the Bank’s Website and will be binding on all Bidders.

iii. In order to allow prospective Bidders reasonable time, in which to take the

amendment into account in preparing their Bids, the Bank, at its discretion, may extend the deadline for a reasonable period as decided by the Bank for the submission of Bids.

C. PREPARATION OF BIDS

3.9 Language of Bid

The Bid prepared by the System integrator or Bidder, as well as all correspondence and documents relating to the Bid exchanged by the System integrator or Bidder and the Bank and supporting documents and printed literature shall be written in English.

3.10 Documents Comprising the Bid

a. Documents comprising the Technical Bid Envelope, should be submitted duly

indexed and numbered, comprising of –

b. Bid Form as per Format 6.1.1 completed in accordance with the clauses in the Bid

and duly signed by the Bidder.

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c. Documentary evidence establishing that the Bidder is eligible to Bid, as per format 6.14 and is qualified to perform the contract as per Clause 3.14 of the Bidding Document if its Bid is accepted.

d. Documentary evidence establishing that the products, systems and ancillary

i. services to be supplied by the Bidder are eligible products and services and ii. conform to Part 5 of the Bidding Document.

e. A full description of the Technical solution, which must provide an acceptable

i. solution to the business requirements, described in Part 5: Technical & Functional

ii. Specifications. Any Technical Bid containing any price information will be rejected.

f. Bid security for Rs.10,00,000/- furnished as specified in Clause 3.16 herein.

g. Details of Projects Handled / Referral Letters as per Clause 3.4.2.

h. A complete Bill of Material as per Format 6.13 (Part-A and Part-B).

i. A Non-disclosure Agreement as per Format 6.2.

j. Manufacturers’ / Producers’ Authorization form as per Format 6.8 (where

applicable).

k. Service Support Details Form, as per Format 6.11

l. Additionally a Masked price bid should be kept with the Technical bid i.e. Bill of Materials as per Format 6.13, listing the components as listed in the Masked Price Schedule without indicating the price in another separate closed / sealed cover. Please note that no price should be mentioned in this format.

m. Additionally, the bid document should also contain indexed table of supporting

documentary evidences, along with relevant clause of the bid document under which the same is being submitted and its description.

n. While submitting the Technical Bid, literature on the software/hardware if any,

should be segregated and kept together in one section/lot. The other papers like Bid Security, forms as mentioned above, etc. should form the main section and should be submitted in one lot, separate from the section containing literature and annual accounts. Note: - Bidder has to provide computer hardware specification & configuration, storage etc. required by them in the technical bid.

o. Any Technical Proposal not containing the above will be rejected. The

Technical Proposal should not contain any price information, such proposal will be rejected.

p. Documents comprising Price Bid Envelope, should be :

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A Full Price Schedule of the Solution indicating all the components of the solution and services (Format 6.3 Part I and Part II) and Format 6.13 with the prices, in one separate closed sealed cover.

The Bid as per Format 6.1.2 as furnished in the Bidding Documents duly signed by the Bidder and completed.

i. Each copy of the Proposal should be in two parts, as mentioned below.

The Vendor shall seal the “Technical Proposal” and “Price Proposal” separately and the same shall:

be addressed to the Bank at the address given; and

bear the Project Name “RFP for Reconciliation of Transactions of Alternate Delivery Channels in Bank of India” and a statement: “DO NOT OPEN BEFORE (mention the last date of Bid submission) 4:00pm”.

Proposals must be received by the Bank at the address specified, no later than the date & time specified in Request for Proposal.

ii. Documents submitted should be as below -

The Proposal shall be submitted in two separate envelopes.

Part I covering the Technical, Commercial (except price) and Qualification aspects hereinafter referred to as ‘Technical Proposal’ and Part II covering only the price schedules hereinafter referred to as the ‘Price Proposal’. The two parts should be in two separate covers, each super-scribed with the name of the Project (Proposal for RFP for Reconciliation Solution in Bank of India”) as well as “Technical Proposal” and “Price Proposal” as the case may be.

3.11 Bid Form

The System integrator or Bidder shall complete both the two Envelopes of the Bid Form furnished in the Bidding Document separately, indicating the products to be supplied, a brief description of the products, their country of origin, quantity and prices and submit them simultaneously to the Bank. Bids are liable to be rejected if only one (i.e. Technical Bid or Price Bid) is received.

3.12 Bid Prices

i. The detail Bid price indicated in Price schedule should be quoted for Software Application. The price schedule should include all the components other than Windows server 2008 to 16, Computer Hardware, Oracle, SQL, necessary at the Bank of India -Data Centre Site and Disaster Recovery Site.

ii. The prices indicated in the Price Schedule shall be entered in the following manner:-

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Prices quoted as above shall be valid for a minimum period of 1 year from last date for submission of the tender.

Prices quoted by the System integrator or Bidder shall be fixed during the system integrator’s or Bidder’s performance of the Contract and shall not be subject to variation on any account, including exchange rate fluctuations, changes in taxes, duties, levies, charges etc. A Bid submitted with an adjustable price quotation will be treated as non-responsive and will be rejected. The price should be exclusive of all taxes.

3.13 Bid Currencies

Bids are to be quoted in Indian Rupees only. 3.14 Documents Establishing System Integrator’s or Bidder’s Eligibility and

Qualifications

a. The System integrator or Bidder shall furnish, as part of its Bid, documents establishing the System integrator’s or Bidder’s eligibility to Bid and its qualifications to perform the Contract, if it’s Bid is accepted.

The documentary evidence of the system integrator’s or Bidder’s qualifications to perform the Contract if its Bid is accepted shall establish to the Bank’s satisfaction:

b. that, in the case of a system integrator or Bidder offering to supply products and/or

Systems under the Contract which the system integrator or Bidder did not produce, the system integrator or Bidder has been duly authorized as per authorization Format 6.8. given in the Bid, by the products’ Producer to supply the products and / or Systems in India;

c. In the above case, the system integrator or bidder must also have a back to back i. agreement with the application software vendor which should include

amongst ii. other the readiness of the system integrator to provide required uptime,

iii. agreement to provide the necessary support for at least 7 years, readiness

iv. to enter into an escrow agreement with bank, etc. Documentary proof copy of

v. agreement with application software vendor (if the system integrator or bidder

vi. proposes a software of another vendor and/or OEM. vii. vendor) to be made available in the technical bid.

d. that adequate, specialized software expertise are already available to ensure that the support services are responsive and the System integrator or Bidder will assume total responsibility for the fault-free operation of the solution proposed and maintenance during the warranty period and provide necessary maintenance services after end of warranty period, for a period mentioned in Clause 7.7.

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3.15 Documents Establishing Eligibility of Products and Conformity to Bidding Documents

a. The system integrator or Bidder shall furnish, as part of its Bid, documents

establishing the eligibility and conformity to the Bidding Documents of all products and/or System and/or services which the system integrator or Bidder proposes to supply under the Contract.

b. The documentary evidence of the eligibility of the products and/or System and/or

services shall consist of a statement (attached to the Price Schedule) of the country of origin of the products and/or System and/or services offered, which shall be confirmed by a certificate of origin issued at the time of shipment.

c. The documentary evidence of conformity of the products and/or System and/or

services to the Bidding Documents may be in the form of literature, drawings, and data, and shall consist of:

d. a detailed description of the essential technical and performance characteristics

of the products and/or Systems as mentioned in Format 6.3 (Price Schedule);

e. an item-by-item commentary on the Technical & Functional Specifications given in the Bid, demonstrating substantial responsiveness of the products and/or System and/or services to those specifications, or a statement of deviations and exceptions to the provisions of the Technical & Functional Specifications; and

f. a confirmation that, if the System integrator or Bidder offers systems and/or other

software produced by another company, such software operates efficiently on the system proposed by the system integrator or Bidder; and the system integrator or Bidder is willing to accept responsibility for its successful operation.

3.16. Bid Security

i. The system integrator or Bidder shall furnish, as part of its Bid, a Bid security in

Clause 3.10.i.e.

ii. The Bid security is required to protect the Bank against the risk of system integrator’s or Bidder’s conduct, which would warrant the security’s forfeiture.

iii. The Bid security shall be denominated in Indian Rupees and shall be in one of

the following forms:

a bank guarantee issued by a nationalised / public sector bank in India (other than Bank of India), acceptable to the Bank, in the form as per Format 6.4 provided in the Bid, valid for forty-five (45) days beyond the validity of the Bid

OR

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a Banker’s Cheque / Demand Draft, issued by a Nationalised / Public sector Bank in India, drawn in favour of Bank of India and valid for a period of three months.

iv. Any Bid not secured, as above, will be rejected by the Bank, as non-responsive.

v. Unsuccessful system integrator’s or Bidders’ Bid security will be discharged or

returned as promptly as possible but not later than sixty (60) days after the expiration of the period of Bid validity prescribed by the Bank.

vi. The successful system integrator’s or Bidder’s Bid security will be discharged

upon the system integrator or Bidder signing the Contract and furnishing the performance security as per Format 6.6.

vii. The Bid security may be forfeited:

if a system integrator or Bidder withdraws its Bid during the period of Bid validity specified by the system integrator or Bidder on the Bid Form; or

if a system integrator or Bidder makes any statement or encloses any form which turns out to be false/incorrect at any time prior to signing of Contract; or

in the case of a successful system integrator or Bidder, if the system integrator or Bidder fails;

i. to sign the Contract;

or ii. to furnish Performance Security as mentioned in Clause 3.33 herein.

3.17 Period of Validity of Bids

i. Bids shall remain valid for a period mentioned in Clause 7.2 from the date of

opening of the Bid. A Bid valid for a shorter period shall be rejected by the Bank as non-responsive.

ii. In exceptional circumstances, the Bank may solicit the system integrators’ or

Bidders’ consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The Bid security provided shall also be suitably extended. A system integrator or Bidder may refuse the request without forfeiting its Bid security.

3.18 Format and Signing of Bid

i. 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.

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ii. Any inter-lineation, erasures or overwriting shall be valid only if they are initialed by the person signing the Bids. The bank reserves the right to reject bids not confirming to above.

D. Submission of Bids

3.19 Sealing and Marking of Bids

i. The System integrators or Bidders shall seal the envelopes containing “Technical Bid” and “Price Bid” separately and the two 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

bear the Project Name ", RFP for Reconciliation of Transactions of Alternate Delivery Channels in Bank of India” and a statement: “DO NOT OPEN BEFORE (mention the last date of Bid submission)

All envelopes should indicate on the cover the name and address of the Bidder.

iii. If the outer envelope is not sealed and marked, the Bank will assume no responsibility for the Bid’s misplacement or premature opening.

3.20 Deadline for Submission of Bids

i. Bids must 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 system integrators or Bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

3.21 Late Bids

Any Bid received by the Bank after the deadline for submission of Bids prescribed, will be rejected and returned unopened to the system integrator or Bidder.

3.22 Modification and Withdrawal of Bids

i. The system integrator or 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.

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ii. The system integrator’s or Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched. A withdrawal notice may also be sent by Fax, but followed by a signed confirmation copy, postmarked not later than the deadline for submission of Bids.

iii. No Bid may be modified after the deadline for submission of Bids.

iv. No Bid may be withdrawn in the interval between the deadline for submission of

Bids and the expiration of the period of Bid validity specified by the Bidder on the Bid Form. Withdrawal of a Bid during this interval may result in the system integrator’s or Bidder’s forfeiture of its Bid security.

E. BID OPENING AND EVALUATION

3.23 Opening of Bids by the Bank

i. The system integrators’ or 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 Bid opening. No bid shall be rejected at bid opening, except for late bids, which shall be returned unopened to the system integrator or Bidder.

ii. Bids (and modifications sent) that are not opened at Bid Opening shall not be

considered further for evaluation, irrespective of the circumstances. Withdrawn bids will be returned unopened to the system integrators or Bidders.

3.24 Clarification of Bids

During evaluation of the Bids, the Bank, at its discretion, may ask the system integrator or 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.

3.25 Preliminary Examination

i. The Bank will examine the Bids to determine whether they are complete, required formats have been furnished, the documents have been properly signed, and the Bids are generally in order.

ii. The Bank may, at its discretion, waive any minor infirmity, non-conformity, or

irregularity in a Bid, which does not constitute a material deviation.

iii. Prior to the detailed evaluation, the Bank will determine the substantial responsiveness of each Bid to the Bidding Document. For purposes of these Clauses, a substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding Document without material deviations. Deviations from, or objections or reservations to critical provisions, such as those concerning Bid Security, Applicable Law, Performance Security, Qualification Criteria,

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Insurance, Warranty, AMC and Force Majeure will be deemed to be a material deviation. The Bank’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself, without recourse to extrinsic evidence. The Bank reserves the right to evaluate the bids on technical & functional parameters including possible visit to inspect live site/s of the system integrator or bidder and witness demos of the system and verify functionalities, response times, etc.

iv. If a Bid is not substantially responsive, it will be rejected by the Bank and may not

subsequently be made responsive by the system integrator or Bidder by correction of the non-conformity. The technical evaluation will take into account the capability of the bidder to implement the proposed solution.

v. Only those system integrators or bidders whose Technical bids have been found

substantially responsive would be intimated by the Bank about their responsiveness and about the revised/updated Technical & Functional Specification (if any) arising out of normalization (if any). In case of normalization and/or revision, they would also be advised to submit fresh “Price Bid” which should either be equal to or less than the Prices quoted in the Original Price Bid.

3.26 Evaluation and Comparison of Price Bids

The bidder may quote the best competitive price in the commercial bid as Bank may or may not opt for Reverse Auction and in case Bank does not opt for Reverse Auction, the commercial bid submitted by you will be opened to decide the L1 price. Our Bank’s Business Rules and Terms & Conditions of Reverse Auction are as per Annexure-D. Please note the contents and comply with the requirements of the same. Bidders are requested to ensure that they have a valid digital certificate well in advance to participate in Reverse Auction event.

i. Only those bids which are found to be technically responsive will be informed

of the date / time / Venue of opening of price bids.

ii. The Technical Bids will be evaluated as per eligibility criteria. Thereafter the

Bank reserves the right of selection of Vendor by Opening of Commercial Bids

of vendors, who are found eligible after evaluation of Technical Bids.

iii. After opening of price bids and declaring the prices, the Bank will evaluate and

compare the Price bids.

iv. Arithmetical errors will be rectified on the following basis. If there is a

discrepancy between the unit price and the total price that is obtained by

multiplying the unit price and quantity, the unit price shall prevail, and the total

price shall be corrected. If the Successful Bidder does not accept the correction

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of the errors, its Bid will be rejected, and its Bid security may be forfeited. If

there is a discrepancy between words and figures, the amount in words will

prevail.

v. Delivery Schedule

The products and/or Systems and/or Services covered under this invitation are to be supplied, installed and commissioned within the period mentioned in 7.14. No credit will be given to early deliveries. An adjustment of 0.5% of the Bid price per week or part of week will be added for evaluation of Bids offering delayed deliveries.

vi. Deviation in payment schedule

The TCC Clause 4.18 stipulates the payment schedule offered by the Bank. If a Bid deviates from the schedule and if such deviation is considered acceptable to the Bank, the Bid will be evaluated by calculating interest earned for any early payment involved in the terms outlined in the Bid as compared with those stipulated in this invitation, at the rate of 18% per annum.

vii. Quotation of Prices for all Items

The system integrator or Bidder should quote for complete consignment of items proposed/listed in this Bid. In case, prices are not quoted by any system integrator or Bidder for any specific item / Product / service, for the purpose of evaluation, the highest of the prices quoted by other system integrators or Bidders participating in the bidding process will be reckoned as the notional price for that product /service, for that system integrator or Bidder. However, if selected, at the time of award of Contract, the lowest of the price(s) quoted by other system integrators or Bidders (whose Price Bids are also opened) for that product /service will be reckoned. This shall be binding on all the system integrators or Bidders. However, the bank reserves the right to reject all such incomplete bids.

3.27 Contacting the Bank

i. No system integrator or Bidder shall contact the Bank on any matter relating to its Bid, from the time of opening of Bid to the time the Contract is awarded.

ii. Any effort by a system integrator or Bidder to influence the Bank in its decisions

on Bid evaluation, Bid comparison or contract award may result in the rejection of the system integrator’s or Bidder’s Bid.

F. Award of Contract

3.28 Post-qualification

All the Price bids after their evaluation on the parameters mentioned above would decide the successful bidder.

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3.29 Award Criteria

The Bank will award the Contract to the successful system integrator or Bidder who has been determined to qualify to perform the Contract satisfactorily, and whose Bid has been determined to be substantially responsive, and is commercially lowest Bid.

3.30 Bank’s right To Accept Any Bid and to reject any or All Bids.

The Bank reserves the right to accept or reject any Bid in part or in full, and to annul the Bidding process and reject all Bids at any time prior to contract award, without thereby incurring any liability to the affected system integrator or system integrators or Bidder or Bidders or any obligation to inform the affected system integrator or system integrators or Bidder or Bidders of the grounds for the Bank’s action.

3.31 Notification of Award

i. Prior to expiration of the period of Bid validity, the Bank will notify the successful

system integrator or Bidder in writing or by fax, that its Bid has been accepted.

ii. The notification of award will constitute the formation of the Contract.

iii. Upon the successful system integrators or Bidder’s furnishing of Performance Security, the Bank will promptly notify each unsuccessful Bidder and will discharge its Bid security.

3.32 Signing of Contract

i. At the same time as the Bank notifies the successful system integrator or Bidder that its’ Bid has been accepted, the Bank will send the system integrator or Bidder the Contract Form as per Format given in the RFP incorporating all agreements between the parties.

ii. Within the period prescribed in Clause 7.4, from the date of receipt of the Form of

contract, the successful Bidder shall sign and date the Contract and return it to the Bank.

3.33 Performance Security

i. Performance Security in the required format to be submitted by the successful

system integrator or bidder as per Clause 4.6

ii. Failure of the successful system integrator or Bidder to comply with the requirement of Clause 3.31.2 or Clause 3.32.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid security, in which event, the Bank

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may make the award to the next eligible system integrator or Bidder or call for new Bids.

Note: Not withstanding anything said above, the Bank reserves the right to reject / award the

contract to any system integrator or vendor or cancel the entire process without assigning reasons thereto.

****************************************************************************************************

PART 4: TERMS AND CONDITIONS OF CONTRACT (TCC)

TABLE OF CLAUSES

Clause No.

Topic Clause No.

Topic

4.1 Definitions 4.21 Contract Amendments

4.2 Country of Origin 4.22 Assignments

4.3 Standards 4.23 Delay in Supplier’s Performance

4.4 Use of Contract Documents and Information

4.24 Liquidated Damages

4.5 Patent Rights 4.25 Termination for Default

4.6 Performance Security 4.26 Force Majeure

4.7 Inspection & Quality Control Tests

4.27 Termination for Insolvency

4.8 System & Other Software 4.28 Termination for Convenience

4.9 Acceptance Tests & Certificate

4.29 Resolution of Disputes

4.10 Packing 4.30 Governing Language

4.11 Delivery & Documents 4.31 Applicable Law

4.12 Insurance 4.32 Addresses for Notices

4.13 Transportation 4.33 Taxes and Duties

4.14 Incidental Services 4.34 Supplier Integrity

4.15 Warranty 4.35 Supplier’s obligations

4.16 Maintenance Services 4.36 Patent Rights

4.17 Training 4.37 Site Preparation and Installation

4.18 Payment 4.38 Commissioning of the Solution

4.19 Prices 4.39 Technical Documentation

4.20 Change Orders 4.40 Indemnity

4.1 Definitions

In this Contract, the following terms shall be interpreted as indicated:

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i. ”Solution” means a package of Reconciliation application software, Bank’s Core Banking software, with necessary hardware, servers, PCs, and system software, database, third party utilities, middleware, etc. as proposed by the Supplier, all integrated to work together on the Banks network to meet the Technical and functional requirements of the Bank indicated in this document.

ii. “Supplier” is the successful Bidder who has been determined to qualify to perform the Contract satisfactorily, and whose Bid has been determined to be substantially responsive, and is commercially lowest Bid.

iii. “The Contract” means the agreement entered into between the Bank and the Supplier,

as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein;

iv. “The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations;

v. “The Product” means all of the software, all hardware, database, middleware, operating systems and/or other materials which the Supplier is required to supply to the Bank under the Contract;

vi. “The Services” means those services ancillary to the supply of the Products, such as transportation and insurance, installation, commissioning, customization, provision of technical assistance, training, Maintenance and other such obligations of the Supplier covered under the Contract;

vii. “TCC” means the Terms and Conditions of Contract contained in this section;

viii. “The Project Site” means the BANK OF INDIA DC / Head Office of respective RRBs, along with the branches.

ix. 'System' means a Computer System consisting of all Hardware, Software, etc., which should work together to provide the services as mentioned in the Bid and to satisfy the Technical and Functional Specifications mentioned in the Bid.

x. ‘Software’ means Application/System software, Database, Middleware and other third party utilities which will seamlessly integrate with the environment described in this document without any hitch or hindrance.

xi. In case of a difference of opinion on the part of the Bidder in comprehending and/or interpreting any Clause / Provision of the Bid Document after submission of the Bid, the interpretation by the Bank shall be binding and final on the Bidder.

4.2 Country of Origin / Eligibility of Goods & Services

i. All goods and related services to be supplied under the Contract shall have their origin in eligible source countries, as per the prevailing Import Trade Control Regulations in India.

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 services are

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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.

iii. The origin of goods and services is distinct from the nationality of the Bidder.

4.3 Standards

i. The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications, and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the institution concerned.

4.4 Use of Contract Documents and Information

i. The Supplier 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 Supplier 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 Supplier 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 Supplier’s performance under the Contract, if so required by the Bank.

4.5 Patent Rights

i. In the event of any claim asserted by a third party of infringement of copyright, patent, trademark, industrial design rights, etc. arising from the use of the Goods or any part thereof in India, the Supplier shall act expeditiously to extinguish such claim. If the Supplier fails to comply and the Bank is required to pay compensation to a third party resulting from such infringement, the Supplier shall be responsible for the compensation to claimant including all expenses, court costs and lawyer fees. The Bank will give notice to the Supplier of such claim, if it is made, without delay.

4.6 Performance Security

i. Within the period prescribed under Clause 7.3 from Date of receipt of notification of Contract award, the Supplier shall furnish to the Bank, the Performance Security for an amount as per Clause 7.6 valid upto the period specified in Clause 7.5.

ii. The proceeds of the performance security shall be payable to the Bank as

compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.

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iii. The Performance Security shall be denominated in Indian Rupees and shall be by way

of bank Guarantee issued by a Nationalised / Public Sector bank in India (Other than Bank of India), acceptable to the bank in the Format 6.6 provided in the Bid.

iv. The performance security will be discharged by the Bank and returned to the Supplier

not later than the period specified in Clause 7.11, following the date of completion of the supplier’s performance obligations under the Contract, including any warranty obligations under the contract and following receipt of performance guarantee for the annual maintenance equal to an amount specified in Clause 7.15.

v. In the event of any contract amendment, the Supplier shall, within the period mentioned

in Clause 7.3 after receipt of such amendment, furnish the amendment to the Performance security, rendering the same valid for the duration of the Contract, as amended for further specified in Clause 7.3. In the event of any correction of defects or replacement of defective software/products/equipment/system during the warranty period, the warranty for the corrected / replaced software/products/equipment/system shall be extended to a further period mentioned in Clause 7.7. The performance guarantee for a proportionate value shall be extended by the period mentioned in Clause 7.10 over and above the extended warranty period.

4.7 Inspection and Quality Control Tests

i. The Bank reserves the right to carry out pre-shipment inspection by a team of Bank officials, of any of the existing live installations of the Supplier referred to in the Technical Bid or demand a demonstration of the solution proposed on a representative model in bidder’s office.

ii. The Bank’s right to inspect, test and where necessary reject the products after the

products arrival at the destination shall in no way be limited or waived by reason of the products having previously being inspected, tested and passed by the Bank or its representative prior to the products shipment from the place of origin.

iii. Nothing stated hereinabove shall in any way release the supplier from any warranty or

other obligations under this contract.

iv. Manuals

v. Before the products / system is / are taken over by the Bank, the Supplier shall supply technical / systems Manuals for all the Software supplied and for all required interfaces. Operation and maintenance Manuals for all the systems and applications covering the operations needed to start, run, day-begin, day-end, other operations, transfer to fall back system / site including business continuity plan to be provided by the vendor. User manuals for Administrative Office / Zones / branches for all the modules shall be provided by the vendor. The manuals shall be in English.

vi. Unless and otherwise agreed the products and equipment shall not be considered to

be completed for the purpose of taking over until such manuals have been supplied to the bank.

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vii. The Supplier shall provide one set of Design Manual, System Manual, User manual and Security Manual for the Application Software. The Supplier shall also provide one soft copy of each of the manuals. Soft and Hard Copy Manuals shall commensurate with number of installations of Products in the Bank.

4.8 For the System & other Software, the following will apply:

i. The supplier shall provide complete and legal documentation of all subsystems, operating systems, system software, utility software and other software. The supplier shall also provide licensed software for all software products whether developed by it or acquired from others. The supplier shall also indemnify the Bank against any levies / penalties on account of any default in this regard.

ii. In case the primary vendor is coming with software which is not his proprietary

software then the primary vendor must submit evidence in the form of agreement he has entered into with the software vendor which includes support from the software vendor for the proposed software for the full period required by the Bank.

4.9 Acceptance Procedure:

On successful completion of installation, commissioning, acceptability test, receipt of deliverables, etc., and after the solution runs successfully for three months after going live and Bank/RRBs is satisfied with the working on the system, the acceptance certificate (as mutually decided and approved by the Bank/RRBs signed by the Supplier and the representative of the Purchaser will be issued. The date on which such certificate is signed shall be deemed to be the date of successful commissioning of the systems as per Bank’s Format 6.9.

4.10 Packing of Products

i. The Supplier shall provide such packing of the products as is required to prevent their damage or deterioration during transit to their final destination. 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 weights of packing case 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. Packing Instructions: The Supplier will be required to make separate packages for

each Consignee. Each package will be marked on three sides with proper / indelible ink with the following:

Project;

Contract No.; (iii)

Country of Origin of products;

Supplier’s Name; (v)

Packing List reference number.

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4.11 Delivery and Documents

i. Delivery of the Products / Software shall be made by the supplier in accordance with the system approved / ordered. The details of the documents to be furnished by the Supplier are specified hereunder:-

ii. 3 copies of Supplier’s Invoice showing Contract number, Products description,

quantity, unit price and Total amount.

iii. Deliver Note or acknowledgement of receipt of Products from the Consignee or in case of products from abroad original and two copies of the negotiable clean Airway Bill.

iv. 2 copies of packing list identifying contents of each package.

v. Insurance Certificate.

vi. Manufacturer’s / Supplier’s warranty certificate.

vii. Inspection certificate issued by the nominated inspection agency, if any, and the

Supplier’s factory inspection report and Quality Control Test Certificates. viii. Certificate of Origin.

ix. The above documents shall be received by the Bank before arrival of Products (except where it is handed over to the Consignee with all documents) and if not received the Supplier will be responsible for any consequent expenses.

4.12 Insurance

The Successful Bidder shall take adequate insurance cover against all kinds of risks including fidelity clause for the loss arising from acts of omission / commission /dishonesty of its employees and / or agents/any claims by vendor’s employees on Bank of India and would be required to keep the insurance policy alive at all times during the currency of the Contract.

4.13 Transportation

Where the Supplier is required under the Contract to transport the Goods to a specified place of destination within India, defined as the Project Site, transport to such place of destination in India, including insurance and storage, as shall be specified in the Contract, shall be arranged by the Supplier, and the related costs shall be included in the Contract Price.

4.14 Incidental Services

The incidental services to be provided are as under:-

• Furnishing Manuals for each appropriate unit of the Supplied Products as mentioned under Clauses 4.7, 4.8 of TCC;

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• Maintenance and software updates of the supplied Products, Technical support thereof for a period as specified in Clause 7.13 after expiry of the warranty provided that this service shall not relieve the Supplier of any warranty obligations under this contract.

4.15 Warranty

i. The Supplier warrants that the products supplied under the Contract are of the most recent version and that they incorporate all recent improvements in design and / or features. The Supplier 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 Supplier, that may develop under normal use of the supplied products in the conditions prevailing in India

ii. The minimum warranty period shall be the period as per Clause 7.7. The Supplier shall

in addition comply with the performance guarantees specified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained in whole or in part the Supplier 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.

iii. The bank shall promptly notify the Supplier in writing of any claims arising under this

warranty.

iv. Upon receipt of such notice the Supplier shall with all reasonable speed, repair or replace the defective products or part thereof without cost to the Bank.

v. If the Supplier having been notified fails to remedy the defect(s) within the period

specified in Clause 7.9, 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.

vi. Warranty / Uptime

a. During Warranty Period, Supplier guarantees an Uptime of 99.5% on quarterly basis for the entire/core solution proposed, with a MTBF of 90 days. Accordingly it is expected that necessary redundancy is built into the proposed solution for all critical components whether software or hardware. Please refer to 7.18 for details of uptime required by the bank.

b. Warranty for Hardware/System Software/off-the-shelf Software will be provided to the Bank as per the general conditions of sale of such software.

c. Minimum Warranty for Application Software either developed by the Bidder or his

associates or supplied and customised to Bank's requirements, shall be for minimum period specified in Clause 7.7 after it is delivered, installed and commissioned.

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vii. Any bugs in such software shall be rectified free of cost a. Any requirements changes/modifications required by bank will have to be carried out

by the identified vendor free of cost.

b. The maximum response time for a support/complaint from the site of installation (i.e. time required for Supplier’s maintenance engineers to report to the installations after a request call / fax /e-mail is made or letter is written) shall not exceed 3 (three) hours.

c. Supplier/his representative shall solve the software problem within maximum 6 (six) hours of reporting of the problem by the Bank to the Supplier's nearest office by phone, fax, e-mail or letter.

d. Any rectification required in the Application Software due to inherent bugs in the System Software / off-the-shelf software shall also be rectified by the Supplier or his associates, free of cost, within a reasonable period.

e. Any upgradation or modification required by the Bank till the time of Go-Live and any upgradation or modification required as per the requirement of any regulator (FIU-IND, RBI or IBA) to be provided free of cost by the vendor.

4.16 Maintenance Service:

i. Professionally qualified personnel who have expertise in the hardware and system software supplied by the vendor will provide these services.

ii. During maintenance period also, the Supplier guarantees on quarterly basis an uptime of 99.5% of the entire solution proposed with a MTBF of 90 days. Accordingly it is expected that necessary redundancy is built into the proposed solution for all critical components whether software or hardware. Please refer to 7.18 for details of the uptime required by the bank.

iii. The maximum response time for a maintenance complaint from the site of installation (i.e. time required for Supplier’s maintenance engineers to report to the installations after a request call / fax / e-mail is made or letter is written) shall not exceed three (three) hours.

4.17 Training:

For each Application/Operating System/database/middleware and third party utilities installed, the Supplier is required to train the designated Bank’s technical and end-user personnel to enable them to effectively operate and perform administration of the total system. Training shall be conducted on the dates and the locations as mutually agreed upon before the Commissioning of the system at each location, as per Clause 7.12.

4.18 Payment

i. Payment shall be made in Indian Rupees, as per Clause 7.16 for delivering, installing and commissioning the Solution.

ii. Payment against Bank Guarantees:

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a. For all the payments to be made against bank guarantees, the bank guarantees

shall be issued by a nationalized / public sector bank in India (other than Bank of India), acceptable to the Bank as per Format 6.7

b. Bank guarantees for advance payment shall be released not later than 30 days

after the date of completion of installation / commissioning of the products/system at their final destination.

4.19 Prices

Prices payable to the Supplier 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, changes in taxes, duties, levies, charges, etc.

4.20 Change Orders

i. The Bank may, at any time, by a written order given to the Supplier, make changes within the general scope of the Contract in any one or more of the following: • Technical and functional specifications • Services to be provided by the Supplier.

ii. If any such change causes an increase or decrease in the cost of, or the time required for

the Supplier’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended.

4.21 Contract Amendments

No variation in or modification of the terms of the Contract shall be made, except by written amendment, signed by the parties.

4.22 Assignment

The Supplier shall not assign, in whole or in part, its obligations to perform under the Contract, except with the Bank’s prior written consent.

4.23 Delays in the Supplier’s Performance

i. Delivery installation, commissioning of the Products/Solution and performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Bank in Clause 7.14.

ii. If at any time during performance of the Contract, the Supplier or its subcontractor(s)

should encounter conditions impeding timely delivery of the Products and performance of Services, the Supplier shall promptly notify the Bank in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier’s notice, the Bank shall evaluate the situation and may, at its discretion, extend the Suppliers’ time for performance, with or without liquidated

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damages, in which case, the extension shall be ratified by the parties by amendment of the Contract.

iii. Except as provided in the above clause, a delay by the Supplier in the performance

of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages, unless an extension of time is agreed upon without the application of liquidated damages.

4.24 Liquidated Damages i. LD on Delivery and Installation If the Supplier fails to deliver any or all of the softwares, licenses etc within the time

period specified in the Contract, the Bank shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to 1% per week per site of the total contract value ordered out of contract price subject to maximum deduction of 5% of the total contract value for each week or part thereof of delay, until actual delivery. Partial delivery shall be treated as non-delivery of the entire goods ordered. Once the maximum is reached, the Bank may consider termination of the Contract. All items placed under one purchase order to be delivered within the stipulated delivery period.

ii. LD on delay in commissioning of service inclusive of all modules, applications and

portals. The bidder shall commission the Solution and ensure its signoff required to obtain

complete certification all features to Bank officials within 2 months from the date of issuance purchase order. If the Supplier fails to deliver any or all of the features within the time period specified in the Contract, the Bank shall, without prejudice to its other remedies under the Contract, deduct a sum equivalent to 1% per week as under:-

Total LD in commissioning: - 1% * No. of Weeks * (Bill amount (of all modules) of

first month)* 12. To the maximum of Rs.1crores. iii. It will be recovered on the basis of cost incurred by the Bank for getting

Reconciliation work done from alternate sources. 4.25 Termination for Default

i. The Bank, without prejudice to any other remedy for breach of Contract, by a written

notice of default sent to the Supplier, may terminate the Contract in whole or in part:

• if the Supplier 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

• if the Supplier fails to perform any other obligation(s) under the Contract.

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ii. In the event the Bank terminates the Contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, Products and Services similar to those undelivered, and the Supplier shall be liable to the Bank for any excess costs for such similar Products or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

4.26 Force Majeure

i. Notwithstanding the provisions of TCC, the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.

ii. For purposes of this clause, “Force Majeure” means an event beyond the control of the Supplier and not involving the Supplier’s fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the Bank in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.

iii. If a Force Majeure situation arises, the Supplier shall promptly notify the Bank in writing of such condition and the cause thereof. Unless otherwise directed by the Bank in writing, the Supplier 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.

4.27 Termination for Insolvency

The Bank may, at any time, terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Supplier, 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.

4.28 Termination for Convenience

The Bank, by written notice sent to the Supplier, 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 Supplier under the Contract is terminated, and the date upon which such termination becomes effective.

4.29 Resolution of Disputes

i. The Bank and the Supplier shall make every effort to resolve amicably by direct informal negotiation, any disagreement or dispute arising between them under or in connection with the Contract.

ii. If, the Bank and the Supplier have been unable to resolve amicably a Contract dispute

even after a reasonably long period, either party may require that the dispute be referred for resolution to the formal mechanisms specified herein below. These mechanisms may

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include, but are not restricted to, conciliation mediated by a third party and/or adjudication in an agreed national forum.

iii. The dispute resolution mechanism to be applied shall be as follows:

• In case of Dispute or difference arising between the Bank and the Supplier relating to

any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996. Where the value of the Contract is above Rs.1.00 Crore, the arbitral tribunal shall consist of 3 arbitrators, one each to be appointed by the Purchaser and the Supplier. The third Arbitrator shall be chosen by mutual discussion between the Purchaser and the Supplier;

• Arbitration proceedings shall be held at Mumbai, and the language of the arbitration

proceedings and that of all documents and communications between the parties shall be English;

• The decision of the majority of arbitrators shall be final and binding upon both parties.

The cost and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal. However, the expenses incurred by each party in connection with the preparation, presentation, etc., of its proceedings as also the fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be borne by each party itself; and

• Where the value of the contract is Rs.1.00 Crore and below, the disputes or differences

arising shall be referred to the Sole Arbitrator. The Sole Arbitrator should be appointed by agreement between the parties.

4.30 Governing Language

The governing language shall be English.

4.31 Applicable Law

The Contract shall be interpreted in accordance with the laws of the Union of India and the Bidder shall agree to submit to the courts under whose exclusive jurisdiction the Registered Office of the Bank falls.

4.32 Addresses for Notices

The following shall be the address of the Bank and Supplier.

Bank’s address for notice purposes:

General Manager Bank of India, Head Office, I T Dept., 8th Floor, Star House2, C-4, G-Block, BKC Bandra East, Mumbai – 400 051.

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Supplier’s address for notice purposes (To be filled in by the Supplier) ………………………………………………………………………………… ......................…………………………………………………………………… A notice shall be effective when delivered or on effective date of the notice whichever is later.

4.33 Taxes and Duties

i. The Supplier will be entirely responsible for all applicable taxes, duties, levies, charges,

license fees, road permits, etc. in connection with delivery of products at site including incidental services and commissioning. Payment of Octroi, entry-tax, etc., alone, if applicable, will be made at actuals, on production of suitable evidence of payment by the Supplier.

ii. Income / Corporate Taxes in India: The Supplier 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 Supplier shall include all such taxes in the contract price.

iii. Tax deduction at Source:

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 Supplier. 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 Supplier from his responsibility to pay any tax that may be levied in India on income and profits made by the Supplier in respect of this contract.

iv. The Supplier’s staff, personnel and labour will be liable to pay personal income taxes in India 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 Supplier shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations.

4.34 Supplier’s Integrity

The Supplier is responsible for and obliged to conduct all contracted activities in accordance with the contract using state-of-the-art methods and economic principles and exercising all means available to achieve the performance specified in the Contract.

4.35 Supplier’s obligations

i. The Supplier is obliged to work closely with the Bank’s staff, act within its own authority and abide by directives issued by the Bank and implementation activities.

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ii. The Supplier will abide by the job safety measures prevalent in India and will free the Bank from all demands or responsibilities arising from accidents or loss of life, the cause of which is the Supplier’s negligence. The Supplier will pay all indemnities arising from such incidents and will not hold the Bank responsible or obligated.

iii. The Supplier is responsible for managing the activities of its personnel or sub-contracted personnel and will hold itself responsible for any misdemeanors.

iv. The Supplier will treat as confidential all data and information about the Bank, obtained

in the execution of his responsibilities, in strict confidence and will not reveal such information to any other party without the prior written approval of the Bank.

4.36 Patent Rights/Intellectual Property Rights

In the event of any claim asserted by a third party of infringement of trademark, trade

names, copyright, patent, intellectual property rights or industrial design rights arising from the use of the Products or any part thereof in India, the Supplier shall act expeditiously to extinguish such claim. If the Supplier fails to comply and the Bank is required to pay compensation to a third party resulting from such infringement, the Supplier shall be responsible for the compensation including all expenses, court costs and lawyer fees. The Bank will give notice to the Supplier of such claim, if it is made, without delay.

4.37 Site preparation and installation

The Bank is solely responsible for the construction of the hardware site in compliance with the technical and environmental specifications. The Bank will designate the installation site before the scheduled installation date, to allow the Supplier to perform a site inspection to verify the appropriateness of the sites before the installation / commissioning of the software.

4.38 Installation/Commissioning of Hardware/Software The Supplier is responsible for all unpacking and installation of Products. The Supplier will

test all hardware/system operations and accomplish all adjustments necessary for successful and continuous operation of the hardware/software at all installation sites.

4.39 Technical Documentation The Technical Documentation involving detailed instruction for operation and maintenance

of the hardware (if any) and software is to be delivered. The language of the documentation should be English.

4.40 Indemnity

The vendor shall keep and hold the Bank and its directors, employees, affiliates etc. indemnified and harmless from time and at all times against all actions, proceedings claims, suits, liabilities (including statutory liability),penalties, charges, costs (including legal costs) and expenses, damages, losses and any other expenses which may be caused to or suffered by or made or taken against the Bank arising out of:

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i. breach, default or non-performance of undertakings, warranties, covenants or

obligations under this agreement by the Vendor and/or

ii. Malfunctioning of the reconciliation software solution under the project as

supplied installed and migrated by him/her and/or

iii. Any contravention or Non-compliance with any applicable laws, regulations,

rules, statutory or legal requirements by the vendor and/or

iv. an act or omission (including misconduct or negligence) of the Vendor, its

employees, its agents, sub-contractors in the performance of the obligations

of the Vendor under this Agreement; and/or claims made by employees

or subcontractor 's or subcontractors employees who are deployed by

the Vendor against the Bank; and/or.

v. breach of any of the term of this Agreement and / or the RFP or breach of any

representation or warranty of the Vendor under this Agreement; or

vi . Violation of confidentiality obligations

vii. Any or all Deliverables or Services infringing any patent, trademarks,

copyrights or such other Intellectual Property Rights.

Further, the Vendor shall indemnify, protect and save the Bank against all claims, loses,

costs, damages, expenses, action suits and other proceedings, resulting from

infringement as defined under the applicable Intellectual Property Right laws applicable.

All indemnities shall survive notwithstanding expiry or termination of this

Agreement

4.41 Limitation of Liability

The liability under this Agreement, to the extent allowed by Indian laws, shall be limited

to the total contract value and neither party shall be liable for indirect and remote loss

and damages. However the liability under no circumstances shall be capped for any

claims, losses, damages relating to the following: -

(i) Violation of the confidentiality obligations, and

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(ii) Violation/infringement of IPR, patents, copy rights, trade marks etc, and

(iii) Claim against the bank by the vendor’s agent/employees, and

(iv) Willful/deliberate act or omission on the part of vendor or its employees or agents

and/or fraud.

4.42 Confidentiality

1. The Company acknowledges that in the course of performing their obligations under

this Agreement, the Company shall be exposed to or acquire Confidential Information of the Bank or its customers/clients. The Company understands and acknowledges that it will be given access to such Confidential Information solely as a consequence of and pursuant to this Agreement.

2. The Company 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 Company for this project whether at the time of disclosure, designated in writing as confidential or not.

3. The Company agrees to keep in confidence and not disclose to any third party

and all Confidential Information available to the Company 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 Company agrees 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 Company agrees 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.

4. The Company shall also ensure that its officials/employees and if Company 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 Company is bound to maintain the confidentiality.

5. The provisions of this Article shall survive notwithstanding the expiration or termination of this Agreement for any reason whatsoever.

*************************************************************************************************************

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PART 5: TECHNICAL & FUNCTIONAL SPECIFICATIONS (TFS)

(To be included in the Technical Bids duly completed and with comments)

TECHNICAL SPECIFICATIONS

Vendor to provide the Architecture and the Computer hardware, OS and database required

for the solution being procured.

FUNCTIONAL SPECIFICATIONS

The system feature for each module is covered in the following table. The bidder needs to fill up the response column according to the criteria given below: Criteria:

Description Response

Required functionality is readily available “Y”=5 Marks

Required functionality will be made available with customization

“C”=3 Marks

Required functionality is not available/will not be available

“N”=0 Marks

Maximum possible marks for

functionalities = 980

Vendor must secure a score 882 (90% of

980) marks to become technically eligible.

*The word ATM should be read as ATM/Recycler in Functional Specifications.

**Note: - All the transactions must be reconciled as far as possible on real time basis.

Sr No. Sub Point / Product Features and Functional description

FC / PC / HC

Maximum Marks Allotted

Marks Scored

1 NFS / VISA / MASTERCARD / RUPAY

Follow standard accounting procedure and system to adapt new standards.

5

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First level Reconciliation on the basis of Switch, CBS and settlement files on T+1 basis and submission of Reports

5

Submission of Exceptional Transactions (online/ Offline) on T+1 basis

5

Capable to modify and incorporate changes in new procedure and accounting standards

5

Capable to changes and modify the accounting procedure according to NFS, VISA, Mastercard, Rupay and all other Network

5

Reconciliation of all incoming and outgoing transaction (debit/credit/PPI cards etc.) with regards to NFS, VISA, Mastercard, Rupay and all other networks including POS transactions

5

Automated Vouching system for NFS, VISA, Mastercard, Rupay and all the other network and products.

5

Generation of TTUMS of transaction such as Petrol, Railways, Tip and surcharge

5

Generation of Files to debit and credit customer account

5

Generation of foreign exchange fluctuation for foreign transactions

5

Cross tallying of Bank settlement account with forex branch advicement

5

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Tracking and report generation of Various fees and penalty levied by Regulators

5

Preparation of QOC, QMR and monthly reports for VISA, Master card and Rupay respectively.

5

2 IMPS (Immediate Payment Services)

IMPS transactions to be reconciled by following 3-way reconciliation based on CBS File, Switch file and NPCI file on T+1 basis. Settlement & Dispute Management of transactions to be handled as per NPCI prescribed procedure. System should be capable of handling all new requirement of Bank/NPCI/RBI for this activity.

5

Generating output files for successful txn, failed txn, time lag txn, exceptional txn and preparing vouchers as necessary.

5

Generating TCC and Returns Bulk upload & TTUM required by NPCI for timeout and inward fail txn within TAT.

5

Handling customer disputes by raising credit adjustment/Debit Adjustment, charge back & Representments through NPCI Dispute Management System (DMS) portal within TAT.

5

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Voucher work of Daily settlement Reports of NPCI. Bank charges and Commission voucher preparation as per NPCI report.

5

Reconciliation RBI settlement account and internal GL accounts i.e. Payable & Receivables based on output files and daily vouchers.

5

GST Calculation and invoices. 5

MIS maintenance and Report Generation as per bank requirement.

5

Audit and statutory compliance report generation as per requirement.

5

3

UPI (Unified Payments Interface)

UPI transactions to be reconciled by following 3-way reconciliation based on CBS File, Switch file and NPCI file on T+0 basis. Settlement & Dispute Management of transactions to be handled as per NPCI prescribed procedure. System should be capable of handling all new requirement of Bank/NPCI/RBI for this activity.

5

Generating output files for successful txn, failed txn, time lag txn, exceptional transactions and preparing vouchers as necessary.

5

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Raising TCC (Transaction Credit Confirmation) DRC (Debit Reversal Confirmation) RRC (Return Reversal Confirmation) and REC (Returns) bulk upload as guided by NPCI for timeout and inward fail txn within TAT. Any other such requirement to be complied.

5

Handling customer disputes by raising credit adjustment/Debit Adjustment, charge back & representment’s through NPCI Dispute Management System portal within TAT.

5

Voucher work of Daily settlement Reports of NPCI. Reconciliation

5

Bank charges and Commission voucher preparation as per NPCI report.

5

Generation of Settlement Voucher with calculation as per NPCI NTSL

5

RBI settlement account & GL accounts i.e. Payable & Receivables based on output files and daily vouchers.

5

Generation of settlement voucher/TTUM with calculation in correspondence to NPCI NTSL

5

GST calculation and invoice. 5

MIS maintenance and Report Generation as per bank requirement.

5

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Audit and statutory compliance report generation as per requirement

5

4 BBPS (Bharat Bill payment Systems)

Input files from NPCI need to match with Bank’s CBS file, and accordingly need to generate reports for successful and exceptional transactions. Generation of reversal vouchers for failed txn, and refund voucher received from aggregator and settlement voucher on T+1 basis. Bank GL (Pool account) tally on daily basis.

5

Preparation of daily settlement vouchers.

5

Bank charges and Commission voucher preparation as per NPCI report.

5

Customer Dispute Management Reconciliation of GL account (pool a/c) & RBI settlement account on daily basis.

5

GST related activities i.e calculation and preparing invoices etc.as per NPCI/ Aggregator requirement

5

MIS maintenance and Report Generation as per bank requirement.

5

Audit and statutory compliance report generation as per requirement

5

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5 AEPS (Aadhaar enabled payment system)

AEPS transactions including Aadhar E-Pay to be reconciled by following 4 way method for Acquirer Transactions and 3 way method for Issuer transactions based on files received from the CBS, AEPS switch and NPCI on T+1 basis. Settlement & Dispute Management of transactions to be handled as per NPCI prescribed procedure. System should be capable of handling all new requirement of Bank/NPCI/RBI for this activity.

5

Generating output files for successful txn, failed txn, time lag txn, exceptional txn and preparing vouchers as necessary.

5

Handling customer disputes by raising credit adjustment/Debit Adjustment, charge back & Representments through NPCI Dispute Management System within TAT.

5

Voucher work of Daily settlement Reports of NPCI. Bank charges and Commission voucher preparation as per NPCI report.

5

Reconciliation RBI settlement account & GL accounts i.e Payable & Receivables based on output files and daily vouchers.

5

GST calculation and invoices 5

MIS maintenance and Report Generation as per bank requirement.

5

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Audit and statutory compliance report generation as per requirement.

5

6 Internet Banking Off-us transaction settlement and Reconciliation and Dispute Management

Process: Checking of transaction from Bank CBS file and generating reports for exceptional transactions. Preparation of reversal vouchers for failed txn, and refund voucher received from aggregator and settlement voucher on T+1 basis. GL (Bank Pool account) tally on daily basis.

5

Reconciliation of Bank reports with Aggregator files.

5

Customer complaint and dispute Management.

5

Monthly invoice generation for commission amount.

5

Bank charges and Commission voucher preparation.

5

GST/TDS related activities. 5

MIS maintenance and Report Generation as per bank requirement.

5

Audit and statutory compliance report generation as per requirement

5

7 Fraud Monitoring and Management System System should generate Fraud

Monitoring reports bases on Daily transaction processing.

5

System should be capable of Generating Chargeback report with TAT

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System should be able to Generate High value transaction

5

System should be able to track transactions from same card from different location.

5

System should be able to track transaction with different Pos Entry Mode.

5

System should be able to generate alert for Issuer transaction if reported more than usual in numbers.

5

Track details of customer performing more transaction at night specifically at switching time.

5

Track more transactions from a single card number or Mobile number.

5

Track all the transaction which has routed through Different account.

5

Generate high number of transactions from same card on single ATM.

5

Track all the ATM who are generating a particular error in EJ.

5

System should have Capability to Filing necessary reports to Master Card and VISA.

5

8 Reconciliation OF Entries IN NOSTRO AND MIRROR Account

Honoring the payment messages sent by the bank/Payment of draft issued by the bank

5

Payment on account of interbank deals

5

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Inward remittance received on behalf of customer

5

Maintaining the Currency wise Nostro Balances daily

5

Case management with-in department and outside department

5

9 Micro ATM & RRB transaction reconciliation

Micro ATM and RRB transaction reconciliation (Issuing & Acquiring)

5

Micro ATM and RRB GL reconciliation

5

Micro ATM and RRB Chargeback Management

5

Dispute and Claim Management and reconciliation of chargeback. Coordinating with BCs & service providers for resolving customer claims and recon mismatches.

5

10 Accounting and Third Party Reconciliation

Follow standard accounting procedure and system to adapt new standards.

5

Capable to modify and incorporate changes in new procedure and accounting standards

5

Capable to changes and modify the accounting procedure according to NFS, VISA,

5

Mastercard, Rupay and all other Network Reconciliation of all incoming and outgoing transaction with regards to NFS VISA, Mastercard, Rupay and all other network

5

Automated Vouching system for NFS, VISA, Mastercard, Rupay and all the other network and products.

5

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Generation of report of transaction such as Petrol, Railways, Tip and surcharge

5

Generation of Files to debit and credit customer account

5

Generation of foreign exchange fluctuation for foreign transactions

5

Cross tallying of Bank settlement account with forex branch advicement

5

Tracking and report generation of Various fees and penalty levied by

5

NFS, VISA, Mastercard, rupay and all other Network and products of DBD.

5

Preparation of QOC,QMR and monthly reports for VISA, Master card and Rupay respectively

5

11 MIS Reports and Decision Making system

ATM performance report

5

Daily, weekly, monthly and Quarterly reports for Bills payable, suspense and sundry account age wise

5

Card Base report as per card management system

5

Monthly card base report Region wise branch wise

5

Monthly RBI reports as required by Bank

5

Monthly ATM deploying reports Generate Periodical reports as per requirement

5

Age wise report for claim received, Claim settled and claim rejected.

5

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Exception report for Cash loading, EOD and ATM balancing

5

Daily GL balancing reports for Issuer and acquirer, Issuer Chargeback and Acquirer

5

Chargeback Daily, monthly, quarterly reports for Chargeback, Presentment, Credit adjustment.

5

Age wise reports according to bank Requirement Age wise daily reports of branches and Vendors who are not submitting EJ,CBR

5

Monthly report of all the disputes received and resolved Network wise

5

Age wise of all the ATM where reconciliation has not been done.

5

Age wise pending Debit and Credit adjustment cases.

5

All other reports bases on requirement of RBI, VISA, RUPAY and other Apex bodies

5

Tip surcharge difference reports.

5

12 Dispute Management Management of claims received through ATM CLAIM menu within TAT

5

Updating of status of claims in ATM CLAIM menu

5

Status updation of claims to customer

5

Generation of Chargeback file for all the networks.

5

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Generation of Representment file for all the network

5

Generation for Pre-arbitration file for all the Network

5

Generation of Pre-arbitration Rejection file for all the network

5

Generation of compliance Reports for all the network

5

Compliance of Retrieval request and chargeback procedure

5

File for 2ndpresentment 5

Details and register for cardholder documents received in 2nd Presentment

5

Multiple dispute chargeback letters.

5

Generation of credit adjustment and Debit adjustment reports

5

Management of all the other Kind of disputes and Requirement received from Network providers and card schemes.

5

Reports for duplicate entry for single claim

5

Validation of transaction from database

5

Tracking of Dispensed amount and claimed amount, customer wise and branch wise

5

Dispute management of Tie up and Third Party

5

Unique reference number to all the transaction and dispute.

5

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Handling of All the Banking Ombudsman cases, Consumer forum cases and RTI queries

5

MIS for all the disputes weekly, monthly ,Quarterly and yearly

5

Collection of charge slip from Merchants for chargeback Retrieval request and other Dispute Received

5

Age wise break up for all pending payments for merchant

5

Transaction credit confirmation for IMPS and UPI transaction.

5

System should have capability to store and Retrieve all the documents received from different network and branches

5

System should have capability to store and retrieve all the dispute as and when required by Bank. System should have capability to flag all the entries which were earlier unreconciled and now reconciled.

5

System should have capability to handle all type of Disputes of NFS, VISA, Mastercard, Rupay and all the other network for which Bidder is performing settlement and Reconciliation for Bank.

5

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Bidder should have different Dispute Management system to keep History of all the disputes and Management of Dispute.

5

Bidder should have capability to manage all the Dispute arise for Payment gateway, Ecommerce transaction and ATM transaction.

5

13 Bills Payable reconciliation

Reconciliation of all the Bills payable account for all the network i.e. NFS, VISA, Rupay, MasterCard etc.

5

Age wise breakup with amount of entries pending in Bills payable

5

Alert reports for entries pending More than 2 days.

5

Accounting for all type of disputes in CBS

5

Generation of Summary sheet of Bills payable account

5

Reconciliation of all the chargeback GL

5

Age wise breakup of entries pending in Chargeback GL

5

Age wise breakup entries to be debited in All the bills payable.

5

Settlement entries pending in Bills payable account.

5

Generate daily tally sheet. 5

Excess settlement posted in Bills payable account

5

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All the issuer transactions should be reconciled three way and action should be taken for all the unreconciled transactions.

5

Generation of Visa Money Transfer files.

5

Handling of card to card and E cash transaction reconciliation and Dispute Management.

5

Generation of Exchange fluctuation file and their settlement and reconciliation

5

Shadow Balance maintenance in Data base which should always tally with Bank CBS balance.

5

14 Receivable account reconciliation

Reconciliation of all the Receivable account for all the network i.e NFS, VISA, Rupay, Master card etc Age wise breakup of entries pending in Receivable

5

Alert reports for entry pending More than 2 days.

5

Accounting for all type of disputes in CBS

5

Generation of Summary sheet of Receivable account

5

Reconciliation of all the Receivable chargeback GL Age wise breakup of entries pending in Chargeback GL

5

Agewise breakup entries to be debited in All the Receivable.

5

Settlement entries pending in Receivable account.

5

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Excess settlement posted in Receivable account

5

Shadow Balance maintenance in Data base which should always tally with Bank CBS balance.

5

Generate daily tally sheet. 5

15 Suspense reconciliation

Generation of tallied report and difference statement for Zeroing entry in CBS

5

Accounting of suspense debtors, ―Cash in ATM and Network

5

Checking of ATM withdrawal, reversal, Bank advices posted in CBS

5

Generation of files to upload in CBS for debiting and crediting the customer account as well as Vendor account and ATM account

5

Generation of Switch outstanding, Branch outstanding, Network outstanding

5

Force reconciliation by relaxing some parameters

5

Inbuilt reconciliation rule table to reconcile all the transaction.

5

Update and reconcile third party i.e NFS,VISA, MasterCard, Rupay and all the Network entries

5

Generation of Vendor wise sheet to recover the amount from vendor Age-wise break up of all Suspense entries

5

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Shadow balance maintenance in system which should always match with CBS Balance.

5

16 Cash In ATM” Reconciliation Interface for uploading

Cash Balance Report (CBR) received from the branches/outsourced vendors.

5

Software should be able to store/retrieve Cash Balance Report along with Switch,

5

CBS and EJ data and reconcile the same with the Bank records.

5

The system should be capable to decrypt the error codes of the EJ of various ATM providers.

5

System based computation of ATM cash dispense and CASH RECYCLER cash deposit/dispense between ATM EODs

5

Automated Cash forecasting for ATM and cash Recyclers

5

Maintain ATM wise account in the system

5

Record all the transaction taken place in ATM

5

Record all the Manual debit and credit taken place in ATM

5

Verification of Overage and shortage at the time of Load unload

5

ATM wise and age wise segregation of load and unload for Nodal branches

5

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Maintenance and Generation for Cash Balance Report, C3R

5

Cross verification of actual cash loaded and Logical cash loaded

5

Reconciliation of cash management services and agencies Exception report generation for differences

5

Interface to upload file to branches

5

Record for excess and shortage and TTUM generation for the same.

5

Generation and maintenance of Shadow balance in system which should always match with CBS

5

Breakup of sundry account who is maintaining excess cash balance

5

Breakup of suspense account maintain shortage

5

The system should be capable to generate all the unreconciled entries of ATM and to reconcile the same.

5

System should generate report like CBS outstanding, Switch outstanding, Tie up outstanding

5

System should have capability to generate ATM reconciliation report automatically.

5

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System should have capability to recognize all the transaction posted in GL and take it to GL reconciliation automatically.

5

System to upload CBS and C3R report in system to perform GL reconciliation

5

System should have intelligence to compute EOD balance on the basis of EJ, CBS and Switch.

5

System should have capability to handle Acquirer and Onus claim lodge for particular ATM 5

Verification of Billing & Income sharing of GST, Partners Billing & Business Correspondent (BC) 5

Note: Reconciliation should be on the basis of ATM GL EOD balances and other

GL EOD balances in CBS for each day.

The list of functional specifications given above is not exhaustive and vendors must

support , at no extra cost, all the reconciliation needs of the Bank that arise during tenure

of the contract.

************************************************************************************************************

PART 6: BID FORM, PRICE SCHEDULES AND OTHER FORMATS (BF)

INDEX FORMAT NUMBERS

6.1.1 Bid Form (Technical) 6.1.2 Bid Form (Price)

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6.2 Non-Disclosure Agreement 6.3 Price Schedule 6.4 Bid Security Form 6.5 Contract Form 6.6 Performance Security Form 6.7 Bank Guarantee Form for Advance Payment (Not applicable for this RFP) 6.8 Manufacturer’s Authorisation Form 6.9 Certificate for Successful Commissioning 6.10 Organizational Profile 6.11 Service Support Details 6.12 Bank Guarantee against Annual Maintenance. (Not applicable for this RFP) 6.13 Bill of Material 6.14 Conformity to eligibility criteria

6.15 Unconditional acceptance of the Terms & Conditions of the RFP. 6.16 Format for online submission of pre-bid queries

FORMAT – 6.1.1

BID FORM (TECHNICAL BID) (to be included in Technical Bid Envelope)

Date :.............................. To: General Manager Bank of India, Head Office, I T Dept., 8th Floor, Star House2, C-4, G-Block, BKC

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Bandra East, Mumbai – 400 051. Gentlemen:

Reg.: Reconciliation of Transactions of Alternate Delivery Channels in Bank of India

Ref: Your RFP Ref: BOI/HO/IT/ADC-RECON dated 18/05/2020 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Having examined the Bidding Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver the Solution for Reconciliation in Bank of India and RRBs, in conformity with the said Bidding documents. We undertake, if our Bid is accepted, to deliver, install and commission the Solution in accordance with the delivery schedule specified in the Schedule of Requirements. If our Bid is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10 percent of the Contract Price for the due performance of the Contract, in the form prescribed by the Bank. We agree to abide by the Bid and the rates quoted therein for the orders awarded by the Bank up to the period prescribed in the Bid, which shall remain binding upon us. Until a formal contract is prepared and executed, this Bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. 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 you are not bound to accept the lowest or any Bid you may receive. Dated this ....... day of ............................ 20__ _______________________________________________________________________ (Signature) (Name) (In the capacity of) Duly authorised to sign Bid for and on behalf of _________________________________

FORMAT – 6.1.2

PROPOSAL FORM (PRICE PROPOSAL) (to be included in Price Proposal Envelope)

To: General Manager Ban of India, Head Office, I T Dept., 8th Floor, Star House2, C-4, G-Block, BKC Bandra East, Mumbai – 400 051.

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Gentlemen:

Reg.: Reconciliation of Transactions of Alternate Delivery Channels in Bank of India

Ref: Your RFP Ref: BOI/HO/IT/ADC-RECON dated 18/05/2020 ------------------------------------------------------------------------------------------------------------------------------------ Having examined the Bidding Documents, the receipt of which is hereby duly acknowledged, we, the

undersigned, offer to supply & deliver the solution for Reconciliation in Bank of India and RRBs,

in conformity with the said Bidding documents for the sum of ...................………….. (Total Proposal amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Proposal. We undertake, if our Proposal is accepted, to deliver, install and commission the system, in accordance with the delivery schedule specified in the Schedule of Requirements. We agree to abide by the Proposal and the rates quoted therein for the orders awarded by the Bank. Until a formal contract is prepared and executed, this Proposal, together with your written acceptance thereof and your notification of award, 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 you are not bound to accept the lowest or any Proposal you may receive. Dated this ....... day of ............................ 20__ __________________________________ ________________________________ (signature) (in the capacity of) Duly authorized to sign Proposal for and on behalf of

FORMAT 6.2

NON-DISCLOSURE AGREEMENT

WHEREAS, we, ________________________________________, having Registered Office at __________________________________, hereinafter referred to as the COMPANY, are agreeable to offering the Reconciliation Solution in Bank of India and RRBs, having their Head Offices (as per table below), hereinafter referred to as the BANK and,

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WHEREAS, the COMPANY understands that the information regarding the Bank’s Reconciliation Solution in Bank of India shared by the BANK in their Request for Proposal is confidential and/or proprietary to the BANK, and

WHEREAS, the COMPANY understands that in the course of submission of the offer for the said

Reconciliation Solution in Bank of India and Services and/or in the aftermath thereof, it may be

necessary that the COMPANY may perform certain jobs/duties on the Bank’s properties and/or

have access to certain plans, documents, approvals or information of the BANK;

NOW THEREFORE, in consideration of the foregoing, the COMPANY agrees to all of the following conditions, in order to induce the BANK to grant the COMPANY specific access to the BANK’s property/information

The COMPANY will not publish or disclose to others, nor, use in any services that the COMPANY

performs for others, any confidential or proprietary information belonging to the BANK, unless the

COMPANY has first obtained the BANK’s written Authorization to do so;

The COMPANY agrees that notes, specifications, designs, memoranda and other data shared by

the BANK or, prepared or produced by the COMPANY for the purpose of submitting the offer to

the BANK for the said Reconciliation Solution in Bank of India and Services, will not be

disclosed to during or subsequent to submission of the offer to the BANK, to anyone outside the

BANK

The COMPANY shall not, without the BANK’s written consent, disclose the contents of this

Request for Proposal (Bid) or any provision thereof, or any specification, plan, pattern, sample or

information (to be) furnished by or on behalf of the BANK in connection therewith, to any person(s)

other than those employed/engaged by the COMPANY for the purpose of submitting the offer to

the BANK and/or for the performance of the Contract in the aftermath. Disclosure to any

employed/engaged person(s) shall be made in confidence and shall extend only so far as

necessary for the purposes of such performance.

Authorised Signatory

Name:

Designation:

Office Seal: Place: Date:

FORMAT – 6.3 Price Schedule

Part I (Include in Price Bid Only – Not to be included in Technical Bid)

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Description Slabs as per transaction volume per month

Amount in Paise Volume Per month is presumed at 10 Crore transactions

Total cost in Rs.**

Reconciliation Charge per transaction

Slab 1: Up to 3 Crore A** 3,00,00,000

Slab 2: Above 3 Crore and Upto 5 Crore

B** 2,00,00,000

Slab 3: Above 5 Crore C** 5,00,00,000

**e.g. if the reconciled transaction count for a given month is 9 crore, then the total cost should be calculated as follows :- Rs. (3crore X A+2crore X B +4crore X C)/100 Important Notes:

Detailed Specifications of all Software and Hardware Modules, Components as above to be

attached separately in the Technical Bid (Bill of Material, Format 6.13), supported by Technical

Literature/Product Catalogues/Brochures, etc. This is Mandatory.

• Price quoted should be excluding Sales tax, VAT, GST, Road Tax, Octroi etc. as applicable in

respective State.

• In case of discrepancy between figures and words, the amount in words shall prevail.

• No increase in costs, duties, levies, taxes, charges, etc., irrespective of reasons (including

exchange rate fluctuations, etc.) whatsoever, shall be admissible during the currency of the

Contract.

• Bank will provide Hardware with operating windows server of 2008-2016 & database as SQL

& Oracle. Any other software required to run the solution should be provided by the bidder.

Signature of Bidder : ________________________

Name : ___________________________________

Business address : ________________________

__________________________________________

__________________________________________

Place :

Date :

FORMAT 6.4

BID SECURITY FORM

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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”).

KNOW ALL PEOPLE by these presents that WE ..................... (name of bank) of ..................

(name of country), having our registered office at .................. (address of bank) (hereinafter called

“the Bank”), are bound unto ............................. (name of Purchaser) (hereinafter called “the

Purchaser”) in the sum of _______________________for which payment well and truly to be

made to the said Purchaser, the Bank binds itself, its successors, and assigns by these presents.

Sealed with the Common Seal of the said Bank this ____ day of _________ 20__.

THE CONDITIONS of this obligation are:

• If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on

the Bid Form; or

• 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 security, 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.

...................................

(Signature of the Bidder’s Bank)

Note: Presence of restrictive clauses in the Bid Security Form such as suit filed clause/clause requiring the Purchaser to initiate action to enforce the claim etc., will render the Bid non-responsive.

FORMAT 6.5 CONTRACT FORM

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THIS AGREEMENT made the .......day of.................................., 20__, between ..........................

(Name of Purchaser) (hereinafter called "the Purchaser") of the one part and ..................... (Name

of Supplier) of ......................... (City and Country of Supplier) (hereinafter called "the Supplier")

of the other part :

WHEREAS the Purchaser invited Bids for certain Products and services viz.,

..................................... (Brief Description of Products and Services) and has accepted a Bid by

the Supplier for the supply of those Products and services in the sum of ..............................

(Contract Price in Words and Figures) (hereinafter called "the Contract Price").

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

• In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to.

• The following documents of Bid No.: BOI/HO/IT/ADC-RECON dated 18/05/2020 shall be

deemed to form and be read and construed as part of this Agreement, viz.:

• the Bid Form and the Price Schedule submitted by the Bidder;

• the Bill of Material;

• the Technical & Functional Specifications;

• the Terms and Conditions of Contract;

• the Purchaser's Notification of Award;

• Schedule of Dates, Amounts etc. (SDA)

• In consideration of the payments to be made by the Purchaser to the Supplier as

hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the

Products and services and to remedy defects therein, in conformity in all respects with the

provisions of the Contract.

• The Purchaser hereby covenants to pay the Supplier in consideration of the provision of

the Products and services and the remedying of defects therein, the Contract Price or such

other sum as may become payable under the provisions of the Contract at the times and

in the manner prescribed by the Contract.

Brief particulars of the Products and services which shall be supplied/provided by the

Supplier are as under:

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SL.

NO.

BRIEF DESCRIPTION

OF PRODUCTS &

SERVICES

QUANTITY TO

BE SUPPLIED.

TOTAL

PRICE (Rs.)

TOTAL VALUE: (Rs.)

DELIVERY SCHEDULE:

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.

Signed, Sealed and Delivered by the

said ..................................................... (For the Purchaser)

in the presence of:.......................................

Signed, Sealed and Delivered by the

said ..................................................... (For the Supplier)

in the presence of:.......................................

FORMAT 6.6

PERFORMANCE SECURITY FORM

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To: (Name of Purchaser)

WHEREAS ................................................................... (Name of Supplier) (hereinafter called "the

Supplier") has undertaken, in pursuance of Contract No................. dated,........... 20__. to

supply...................... .................................................(Description of Products and Services)

(hereinafter called "the Contract").

AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish

you with a Bank Guarantee by a recognized bank for the sum specified therein, as security for

compliance with the Supplier's performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier a Guarantee:

THEREFORE, WE hereby affirm that we are Guarantors and responsible to you, on behalf of the

Supplier, up to a total of ........Rs.1 crore............................................. (Amount of the Guarantee

in Words and Figures) and we undertake to pay you, upon your first written demand declaring the

Supplier to be in default under the Contract and without cavil or argument, any sum or sums within

the limit of ................................ (Amount of Guarantee) as aforesaid, without your needing to

prove or to show grounds or reasons for your demand or the sum specified therein.

This guarantee is valid until the ........day of...................

Signature and Seal of Guarantors (Supplier’s Bank)

....................................................................

Date....................................................

....................................................................

....................................................................

Address:.......................................................

....................................................................

....................................................................

FORMAT 6.7 (Not Applicable for this RFP)

BANK GUARANTEE FOR ADVANCE PAYMENT

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To: ___________________________ (name of Purchaser) ________________________ (address of Purchaser) ________________________ (name of Contact) Gentlemen: In accordance with the provisions of the Terms and Conditions of Contract, to provide for advance payment, _____________________________ (name and address of Supplier) (hereinafter called "the Supplier") shall deposit with ________________ (name of Purchaser) a bank guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of _____________ (amount of guarantee*(in figures and words). We, the__________________________ (bank or financial institution), as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to __________________________ (name of Purchaser) on his first demand without whatsoever right of objection on our part and without his first claim to the Supplier, in the amount not exceeding _________________________ (amount of guarantee* in figures and words). We further agree that no change or addition to or other modification of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between __________________________ (name of Purchaser) and the Supplier, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the contract until ________________ (expected date of last delivery). An amount is to be inserted by the bank or financial institution representing the amount of the Advance Payment. Yours truly, Signature and seal : Name of bank/ Financial institution : Address :

Date :

FORMAT 6.8

MANUFACTURERS'/PRODUCERS’ AUTHORIZATION FORM

No. Date:

To:

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Dear Sir,

Ref: Your RFP Ref: BOI/HO/IT/ADC-RECON dated 18/05/2020

We who are established and reputable manufacturers /

producers of ________________________ having factories / development facilities at

(address of factory / facility) do hereby authorize M/s ___________________ (Name and address

of Agent) to submit a Bid, and sign the contract with you against the above Bid Invitation.

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

(b) in the event of termination of production of such Products:

i. advance notification to the Bank of the pending termination, in sufficient time to permit the Bank to procure needed requirements; and

i. following such termination, furnishing at no cost to the Bank, the blueprints, design documents, operations manuals, standards, source codes and specifications of the Products, if requested.

We duly authorise the said firm to act on our behalf in fulfilling all installations, Technical

support and maintenance obligations required by the contract.

Yours faithfully,

(Name)

(Name of Producers)

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.

FORMAT 6.9

PROFORMA OF CERTIFICATE FOR ISSUE BY THE PURCHASER

AFTER SUCCESSFUL COMMISSIONING OF THE SOLUTION No. Date:

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M/s. Sub: Certificate of commissioning of Solution 1. This is to certify that the products / equipment as detailed below has/have been received in good

condition along with all the standard and special accessories (subject to remarks in Para No. 2) in accordance with the Contract/Specifications. The same has been installed and commissioned.

a. Contract No._________________ dated ____________________ ___ a. Description of the Solution ____________________________ ___ a. Quantity ____________________________________________ ____ a. Date of commissioning and proving test ________________________

2. Details of products not yet supplied and recoveries to be made on that account: S.No. Description Amount to be recovered 3. the proving test has been done to our entire satisfaction and Staff have been trained to operate

the Product. 4. The Supplier has fulfilled his contractual obligations satisfactorily* or The Supplier has failed to fulfill his contractual obligations with regard to the following : (a) (b) (c) (d) 5. The amount of recovery on account of non-supply of Products is given under Para No. 2. 6. The amount of recovery on account of failure of the Supplier to meet his contractual

obligations is as indicated in endorsement of the letter. Signature _______________________

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Name _______________________ Designation with stamp __________________ ______________________________________ * Explanatory notes for filling up the certificates :

• The supplier has adhered to the time schedule specified in the contract in dispatching the Products / Manuals pursuant to Technical Specifications.

• The supplier has supervised the commissioning of the solution in time i.e., within the period

specified in the contract from the date of intimation by the Purchaser in respect of the installation of the Product.

• Training of personnel has been done by the Supplier as specified in the contract.

• In the event of Manuals having not been supplied or installation and commissioning of the

Solution having been delayed on account of the Supplier, the extent of delay should always be mentioned.

FORMAT 6.10 ORGANISATIONAL PROFILE

(Include in Technical Proposal Only – Not to be included in Price Proposal)

CONSTITUTION 1. Proprietary 2. Partnership 3. Private Ltd. 4. Public Ltd.

:

Established since

Commercial Production of

the solution on Offer started

since

: :

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Address of Registered Office

:

Category : i. Software Producer / Developer (Principal) ii. Hardware Manufacturer (Principal) iii. System Integrator / Solution Provider (Third-party) iv. Any Other (please specify)

Name Phone Nos. (with STD Codes)

Names of Proprietor/Partners/ Directors

: 1.

2.

3.

4.

5.

Number of Engineers familiar with the solution being offered

:

Number of Total Employees :

Solution being offered, sold so far to : Purchaser, with full address and Details of contact person (Phone, Fax and E-Mail)

Modules in Use

Date of Sale

Whether Warranty/AMC still continues

1.

2.

3.

Note: Please support the above facts with documentary evidence. Please also attach Income-Tax Clearance Certificate (latest) Referral Letters from Clients mentioned above

Signature of Bidder: __________________

Name : _____________________________

Business address : ____________________

Place Date:

FORMAT 6.11

Service Support Details Form

City / Location Postal Address,

Telephone, Fax,

E-Mail and

Office Working

Hours

Number of

Software

Engineers

capable of

Owned or

Franchisee.

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Contact Details of

Support Personnel

(Please mention

whether the

Support Agency is

Owned or

Franchisee

arrangement)

supporting the

Software being

offered

FORMAT 6.12 (Not Applicable for this RFP)

FORMAT FOR BANK GUARANTEE AGAINST ANNUAL MAINTENANCE (ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

Bank Guarantee No.: Date: To ............................................................... (Name of the Purchaser) Whereas ........................................... (Name of the Supplier) hereinafter called "the Supplier" has undertaken, in pursuance of contract No ............................... dated .................. to supply ........................................................ (Description of Products and Services) hereinafter called "the Contract".

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AND WHEREAS it has been stipulated by you in the said contract that the Supplier shall furnish you with a Bank Guarantee by a recognised Bank for the sum specified therein as security for compliance with the Supplier's performance obligations under the contract for Annual Maintenance and Repairs of the entire system including cost of spares after warranty period for next four years. AND WHEREAS we have agreed to give the Supplier a Guarantee. THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf of the Supplier, up to a total of Rs. .......................... (Amount of guarantee in words and figures) being 10% of the Contract Price and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the contract and without cavil or argument, any sum or sums within the limit of Rs. ..................... (Amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. This guarantee is valid until .............. day of .......................... Signature and Seal of Guarantors Date: ............... NOTE:

1. SUPPLIERS SHOULD ENSURE THAT SEAL AND CODE No. OF THE SIGNATORY IS PUT BY THE BANKERS, BEFORE SUBMISSION OF THE BANK GUARANTEES.

2. STAMP PAPER IS REQUIRED FOR THE BANK GUARANTEES ISSUED BY THE

BANKS LOCATED IN INDIA.

Format 6.13

Bill of Material

Part-A

(To be included in Technical Bid) A) The Bidder should provide Bill of Material (details of all Modules / Components of

Software including those bought-out, off-the-shelf or third-party products / items

required) Module-wise, in the following format. Details of all relevant/applicable

System, Utility, Security, Communication and Application Software components

should be included. Total hardware requirements should be given in the next Table.

1 Module / Item

2 Description

3 Make / Model / Version

4 Principal Vendor /

5 Quantity/ No. of Licenses

6 Number of installations

7 (7 = 5 * 6) Total Quantity

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Part numbers

ManufaC-4turer

per installation

Signature of Bidder: ___________________

Name: _______________________________

Business Address: ____________________

Place: Date:

Format 6.13 (Not Applicable for this RFP) Part-B

B) The Bidder must specify complete details of Hardware required for successful

implementation of the offered solution, in the following format.

1 Module / Item (same as Col.1 above)

2 Module Description ( same as Col.2 above)

3 Hardware requirement [Please mention Make / Model (if any), Type and No. of Processors, Memory, bus speed, Hard Disk & Operating System no of users, license type, version etc.]

4 Number of installations [same as Col. 6 above]

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Signature of Bidder:

Name: __________ Business Address:

Place:

Date:

Format 6.14

CONFORMITY TO ELIGIBILITY CRITERIA

Sr. No.

Eligibility Criteria Required Documentary Evidence

1 Bidder should be a registered company in India under relevant Indian Companies / Companies Act 1956 and should have been in operation for a period at least two years as on date of RFP.

The Certificate of Incorporation issued by Registrar of Companies along with the copies of Memorandum and Articles of Association are required to be submitted along with the technical bid.

2 Bidder should have implemented and/or managed end to end Reconciliation Solution successfully for

Supported by documentary evidence and also copies of the Service Contracts wherever entered. (The Bank will consider the arrangements to be firmed up only when documents evidencing agreements

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minimum 03 years, during the last 03 years for at least 02 Private / Public Sector Undertaking Bank or Foreign Bank in India/abroad. One of the two locations must be a ‘Finacle’ location.

signed or undertakings / commitments made are submitted. Bidders who have not firmed up arrangements with other vendors / subcontractors are not likely to be considered.) . Letter from the organization concerned confirming successful implementation of fraud monitoring solution for card based transactions with them, to be submitted with following details –

· Name of the client · Type of Model · Scope of Project · Name of the person who can be referred to from Clients’ side, with Name, Designation, Postal Address, Contact Phone and Fax numbers, E-Mail Ids, etc., (Attach copies of purchase orders) The Bank reserves the right to inspect such installations while evaluating the Technical Bid.

3 Bidder should have experience of deployment of monitoring and management Reconciliation Solution.

Supported by letter of reference along with Copies of the Service Contracts wherever entered.

4 The Bidder should have yearly sales turnover of not less than Rs.100 Crores during last two financial years (2016-17 and 2017-18).

Audited Financial statements for the relevant years to be submitted. Separate certificate from a Chartered accountant to that effect be submitted.

5 The bidder must be having positive net worth in at least two of the last three years (2015-16, 2016-17 and 2017-18).

Audited Financial statements for the relevant years to be submitted. Separate certificate from a Chartered accountant to that effect be submitted.

6 Bidder should not have been blacklisted by any PSU bank in India/ IBA / RBI during the last five years.

A self-declaration letter on the Company’s letterhead should be submitted along with technical bid.

7 The bidder should have permanent office in India with easy access.

Address details to be submitted

8 The bidder should have branch/ service centers at any one centre in India and list of branch / service center / franchises with full details of Name, Address / Telephone Number should be attached.

List of branch / service centre / franchises with full details of Name, Address / Telephone Numbers should be attached..

9 This point stands deleted.

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10 Vendor must secure a score of 882 marks in the functionality sheet (PART 5: TECHNICAL & FUNCTIONAL SPECIFICATIONS -TFS) to become technically eligible.

Vendor to submit response in respect of each functionality indicated in the Functionality sheet given in RFP.

11 The bidder must have satisfactorily conducted Bank Account.

A certificate to that effect from bidder’s Banker should be furnished along with the bid

12 Financial statements i.e. Balance sheet and Profit & Loss accounts for last three years of vendor will have to be submitted.

13 Site Visits by Evaluation Team Observation of evaluation team. 14 The System integrator or bidder

should either have solution of its own or should be ready to provide an arrangement with a vendor providing such services.

A certificate of self-reliance in implementing Reconciliation Project.

15. The solution provided should be PCI-DSS or PA DSS Compliant.

Self-declaration.

16. The solution proposed by the system integrator or bidder should have been operationalised and continue to be in successful operation in at least two Private / Public Sector Undertaking Bank /Foreign Bank in India or abroad for at least three years.

Certification of satisfaction of the service from G.M (for implementation in India) or Head of Department (for implementation Abroad) should be provided.

17 At the end of contract period of 5 years, the bidder must offer the solution to Bank, for internal use for unlimited period at a special cost of Re.1/-.

A joint undertaking and offer letter from Bidder and OEM(in case the solution is not owned by bidder) to that effect.

Format 6.15

UNCONDITIONAL ACCEPTANCE OF THE TERMS & CONDITIONS OF THE RFP

(To be submitted on the Company’s Letter Head)

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Date:

To: Bank of India , Information Technology Department, Head Office, Star House -2, 8th Floor, C-4, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051

RFP Ref. No. BOI/HO/IT/ADC-RECON dated 18/05/2020 , for procurement of solution for

Bank of India.

This is to confirm that we unconditionally accept all the terms and conditions as mentioned in the said RFP including all addendum/amendment floated for Bank of India pertaining to this RFP. (Name) Designation Seal/Stamp of the Contractor

****************************************************************************************************

FORMAT – 6.16 (Pre-Bid Queries to be submitted online in excel sheet)

Sr. No. RFP Clause and Page No. RFP Terms Clarification sought

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*********************

PART 7: SCHEDULE OF DATES, AMOUNTS ETC. (SDA)

7.1 Bid Security Amount Rs. 10,00,000/- 7.2 Bid Validity Up to 120 days from the last

date Stipulated for receipt of responses to the Bid

7.3 Period within which Performance Security or Amendment thereto is to be submitted by the Successful Bidder upon notification of Award Of Contract

21 days

7.4 Period within which the Successful Bidder should Sign the Contract after receipt of the Form of Contract.

7 days

7.5 Period of Performance Contract (from the Date of Award of Contract (read with 7.14)

Min 24 months to be valid up to expiry of warranty

7.6 Performance Security Amount Rs.1 crore

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7.7 Minimum Warranty period for the entire Solution (refer 4.15.2)

24 months from date of user acceptance

7.8 User Acceptance tests Refer: 7.17 7.9 Period within which Supplier to remedy defects

after having been notified of the same 7 days

7.10 Required period of validity of the Performance Security after the completion of performance

24 months

7.11 Period within which Bank will return the Performance Security subject to terms mentioned in clause 4.6.4

90 days

7.12 Training:

i. The vendor should provide training to personnel identified by BANK OF INDIA on functional, operational and administration of Solution.

ii. The vendor should provide the following trainings: • User Training • System Administration Training • Top Management Training

iii. Each training should be of required duration and with a batch size as mutually agreed by BANK OF INDIA and the vendor

iv. Training should include training material /detailed user manual. v. The vendor should provide detailed training plan for this purpose

7.13 Minimum commitment required for Application

Software offered to the Bank for 5 years

7.14 Period within which Products / Services under the Contract are to be

installed/commissioned from the Date of signing of Contract: • Initial Installation as given in Part 5 under implementation 60 days • Subsequent installation as mutually decide

7.15 This Clause Stands Deleted.

7.16 Payment Terms

The Bank will release payment as follows:-

• The payment shall be released by Head Office of the Bank of India on submission of sign-off letter obtained by an authorized official of the BANK OF INDIA. And..

• After supply and installation of solution at BANK OF INDIA Data Centre / Disaster Recovery (DR) Centre the payment shall be made as on monthly basis as per transactions volume.

7.17 AcceptanceTests

The User acceptance test will be carried out as per mutually agreed Acceptance Test Plan against the systems requirements. The system will be considered accepted (supplied, installed and operationalized) only after ATP is completed as per the agreed plan and is duly signed/certified by the Bank and the bidder.

Some of features required to be completed are enumerated below:

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• The software should correspond to what is stated in the purchase order without deviation except where mutually agreed upon

• The equipment and software is fully installed. • The features specified in the TFS/mutually agreed for implementation should be

demonstrated. • The final acceptance of the system will be based on successful processing under live

operations, acceptable to user dept/dept. concerned. • Capacity to handle a volume of transactions generated from our accounts with annual

increase in volumes.

7.18 Uptime

Pl refer to clause 7.22

7.19 Project Reporting

i. Vendor should submit a weekly report on the development of the project along with

reasons of delay.

ii. Periodical meetings will be held between the vendor and BOI to review the progress report and the vendor will be required to attend all such meetings.

7.20 System maintenance and support

i. The vendor should fix all the Solution problems and provide and implement upgrades during the contract period free of cost.

ii. The vendor should provide changes and upgrades with regard to changes in statutory requirements at the earliest and free of cost during the contract period.

iii. The vendor should provide and implement functionality change as required by the end

user during the contract period.

iv. The vendor should be able to comply with the Service Level Agreement.

7.21 Schedule of Implementation

i. The vendor should commence implementation of the Solution within two months from the date of award of contract at BOI Head Office as well as at the DR Site. The implementation shall comprise of System Configuration, Customization, Pilot Implementation, UAT and System Roll Out. (DR SITE location).

ii. The period of warranty will start from the date of signing off of the UAT.

iii. The support services shall be for a period of at least 5 years after the expiry of warranty period. Bank should have at least one onsite DBA support during office hours of the bank and in case of exigencies, request for extended hours will have to be considered by the vendor.

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7.22 ANNEXURE C

i. Service Level Agreement (SLA) and Contracting (Indicative only)

ii. The Bank expects that the successful Bidder to adhere to the following minimum Service

Levels.

iii. The bidder should commit to provide services for implementation, roll-out, support, maintenance etc. for minimum 5 years. Continuing the services/maintenance for beyond 5 years/contract period as per the RFP shall be at the sole discretion of the Bank.

iv. The Bidder understands the largeness of this Project and that it would require tremendous commitment of financial and technical resources for the same, for the tenure of Contract under this RFP. The Bidder therefore agrees and undertakes that an exit resulting due to expiry or termination of Contract under this RFP or for any reason whatsoever would be a slow process over a period of six (6) months, after the completion of the notice period, and only after completion of the Bidders obligations under a reverse transition mechanism. During this period of Reverse Transition, the Bidder shall continue to provide the Deliverables and the Services in accordance with the contract under this RFP and shall maintain the agreed Service levels. The Bank shall make payment for these services as per terms AND CONDITIONS.

v. The bidder must undertake also submit a letter from OEM (Hardware and Application Software) certifying that if the bidder/ system integrator is not able to meet its obligations related to the service and support for the product as per contract during contract period, the OEM shall perform the said obligations with regard to their items through alternate and acceptable service provider. The bidder will be system integrator and will be liable for the Hardware as well as Software performance.

vi. During the Term of this RFP, Bidder shall provide 99.95% uptime per month. If Bidder materially fails to meet an uptime of 99.95% for three (3) consecutive months, the Bank may have the right to terminate the contract.

vii. Any fault/ issue/ defect failure intimated by Bank through any mode of communication like call/e-mail/fax etc. are to be acted upon, so as to adhere to the service levels.

viii. The selected bidder shall repair or replace any worn out or defective part in any of

locations for Reconciliation Solution in Bank of India/RRBs, the solution components provided by the bidder and shall provide all consumables at no extra cost to the Bank. In addition, any system/ sub-system for which end of enterprise-level support is declared by OEM should be replaced at no extra cost to the bank.

ix. Business/ Service Downtime and Deterioration shall be the key considerations for determining “Penalties” that would be levied on the Successful Bidder.

x. The entire solution is required to be up and running with minimum uptime of 99.95% on a quarterly basis with a MTBF of 90 days, barring scheduled and mutually agreed upon downtime for maintenance or training purposes. The Fees/amount payable to

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the company shall be subject to deduction of penalties if any, levied by the Bank in accordance with the provisions of this order and the agreement. In case uptime falls below the guaranteed level, Bank will impose a penalty as given below.

Uptime Penalty in % of total project cost(notional value)*

>=99.95 0

> 99.50 to < 99.95 1%

> 99 to <99.50 2%

> 98 to <99 5%

> 97 to <98 10%

Below 97 20%

*Notional Value = Average of Last 6 months billing cost. Penalty for delay resolution of defect: If the company, having been notified, fails to report and provide remedy of the defect(s) within three hours, the Bank may proceed to take such remedial action as may be necessary, at the vendor’s risk and expense, and without prejudice to any other rights, which the Bank may have against the vendor under the Contract. Penalty will be deducted from the outstanding amount payable to the vendor, that may be payable under any head. During the currency of the contract if the cumulative penalty amount exceed 10% project cost, the Bank may consider termination of the Contract. In addition to above, for module wise penalty details please refer Annexure-G.

7.23 Annexure-D

BUSINESS RULES AND TERMS & CONDITIONS OF REVERSE AUCTION

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

i. Definitions :

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a. “Bank” means Bank of India

b. “Service Provider” means the third party agency / company who has been selected by the Bank for conducting Reverse Auction.

c. “L1” means the Bidder who has quoted lowest price in the Reverse Auction process.

d. “L2” means the Bidder who has quoted second lowest price in the Reverse Auction process.

ii. Eligibility of Bidders to participate in Reverse Auction :

a. 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-D-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.

b. 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.

iii. Training :

a. Bank will engage the services of Service Provider to provide necessary training to representatives of all eligible Bidders for participation in Reverse Auction. All rules & procedure related to Reverse Auction will be explained during the training.

b. Date, Time, Venue etc of training will be advised at appropriate time.

c. Eligible Bidder / his authorized nominee has to attend the training as per the schedule and at the specified venue at the his / Bidder’s own cost.

d. No request from the Bidders for change in training schedule and/or venue will be entertained.

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e. However, Bank reserves the right to postpone / change / cancel the training schedule for whatsoever reasons without assigning any reasons therefor, even after its communication to eligible Bidders.

f. Any Bidder not participating in the training process will do so at his own risk.

iv. Reverse Auction Schedule:

a. The date & time of start of Reverse Auction and its duration of time will be informed to the eligible Bidders well in advance at least a week before the Reverse Auction date.

b. Bank reserves the right to postpone / change / cancel the Reverse Auction event even after its communication to Bidders without assigning any reasons therefor.

v. Bidding Currency :

Bidding will be conducted in Indian Rupees (INR).

vi. Start Price :

Bank will determine the Start Price for Reverse Auction – on its own and / or

i. evaluating the price band information called for separately from each eligible Bidder at appropriate time and / or

ii. based on the price bids received and if opened, Bank may determine the start price on the basis of the lower quote received.

vii. Decremental Bid Value :

a. 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.

b. Bidder is required to quote his bid price only at a decremental value.

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c. Bidder need not quote bid price at immediate next available lower level, but it can be even at 2/3/4 ….. Level of next available lower level.

viii. Conduct of Reverse Auction event :

a. Reverse Auction will be conducted on a specific web portal meant for this purpose with the help of the Service Provider identified by the Bank.

b. 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.

c. Bidders will be participating in Reverse Auction event from their own office / place of their choice. Internet connectivity and other paraphernalia requirements shall have to be ensured by Bidders themselves.

i) In the event of failure of their internet connectivity (due to any reason

whatsoever it may be) it is the Bidders responsibility / decision to send fax

communication immediately to Service Provider furnishing the bid price, they

want to bid online, with a request to upload the faxed bid price online so that

the service provider will upload that price online on behalf of the Bidder. It shall

be noted clearly that the concerned Bidder communicating this price to service

provider has to solely ensure that the fax message is received by Service

Provider in a readable / legible form and also the Bidder should simultaneously

check up with Service Provider over phone about the clear receipt of the bid

price faxed. It shall also be clearly understood that the Bidder shall be at liberty

to send such fax communications of prices to be uploaded by Service Provider

only before the closure of Reverse Auction time and under no circumstances

it shall be allowed beyond the closure of Reverse Auction event time. Such

Bidders have to ensure that the service provider is given reasonable time by

the Bidders, to upload such faxed bid prices online and if such required time is

not available at the disposal of Service Provider at the time of receipt of the fax

message from the Bidders, Service Provider will not be uploading the bid

prices. It is to be noted that neither the Bank nor the Service Provider will be

responsible for these unforeseen circumstances.

ii) In order to ward-off such contingent situation, Bidders are advised to make all the necessary arrangements / alternatives such as back –up power supply , whatever required so that they are able to circumvent such situation and still be able to participate in the reverse auction successfully. However, the vendors are requested to not to wait till the last moment to quote their bids to avoid any

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such complex situations. Failure of power at the premises of vendors during the Reverse auction cannot be the cause for not participating in the reverse auction. On account of this the time for the auction cannot be extended and BANK is not responsible for such eventualities.

d. 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.

e. 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-D-C.

f. Bidders name will be masked in the Reverse Auction process and will be given random dummy names by the Service Provider.

g. Bidder / his authorized representatives will be given unique Login ID & Password by Service Provider. Bidder/his authorized representative will change the Password after the receipt of initial Password from Service Provider to ensure confidentiality. All bids made from the Login ID given to the Bidders will be deemed to have been made by the concerned Bidder/his company.

a. Reverse auction will be conducted as per English Reverse Auction with no tie where more than one Bidder cannot have identical bid price.

b. Any bid once made by the Bidder through registered Login ID & Password, the same cannot be cancelled. The Bidder is bound to supplies as per the RFP at the bid price of Reverse Auction.

ix. Auto Bid :

a. Bidder can take the advantage of Auto Bid facility available in Reverse Auction systems. Auto Bid feature allows Bidder to place an automated bid against other Bidders in an auction by confirming to one decrement and bid without having to enter a new price each time a competing bidder submits a new offer.

b. 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.

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Bidder has the facility to revise his Auto Bid value only prior to the start of the Reverse Auction event.

c. 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.

d. If more than one Bidder opts for the Auto Bid facility and if the lowest price quoted by more than one in Auto Bid facility is same, then the Bidder who has opted for the Auto Bid facility first will get the advantage of being the ‘L1’, with the second bidder being ‘L2’ at a price one decrement higher than the ‘L1’ value and so on.

e. If one of the Bidder has opted for the Auto Bid facility, in which 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.

f. Service Provider will explain in detail about the Auto Bid during the training.

g. 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.

(The time period of Reverse Auction & Maximum number of its extensions &

time are subject to change and will be advised to eligible Bidders before the

start of the Reverse Auction event.)

h. Bidder will be able to view the following on their screen along with the necessary fields in Reverse Auction :

a. Opening Price b. Leading / Lowest Bid Price in Auction ( only total price) c. Last Bid Price placed by the respective Bidder.

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i. 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.

x. Reverse Auction Process :

a. 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.

b. Upon receipt of above information from Service Provider, Bank will evaluate the same and will decide upon the winner i.e. Successful Bidder.

c. Successful Bidder has to fax the duly signed filled-in prescribed format (Annexure-D-B) as provided on case-to-case basis to Bank within 4 hours of Reverse Auction without fail. The Original signed Annexure-D-B should be couriered so as to reach us within 48 hours of Reverse Auction without fail.

d. 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.

e. Successful Bidder has to give break-up of his last/lowest bid price as per Bill of Material at the end of Reverse auction event within 3 working days without fail.

f. Successful Bidder is bound to supply at their final bid price of Reverse Auction. In case of back out or not supply as per the rates quoted, Bank will take appropriate action against such Bidder and / or forfeit the Bid Security amount, debar him from participating in future

g. In case Bank decides not to go for Reverse Auction related to the procurement for which RFP is floated and price bids if any already submitted and available with Bank shall be opened as per Bank’s standard practice.

xi. Bidder’s Obligation :

a. Bidder will not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly with other suppliers / Bidders

b. Bidder will not divulge either his Bid details or any other details of Bank to any

other party without written permission from the Bank.

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xii. Change in Business Rules, Terms & Conditions of Reverse Auction :

a. Bank reserves the right to modify / withdraw any of the Business rules, Terms & conditions of Reverse Auction at any point of time.

b. Modifications of Business rules, Terms & conditions of Reverse Auction will be made available on website immediately.

c. Modifications made during the running of Reverse Auction event will be advised to participating Bidders immediately.

Annexure-D-A (to be submitted on company letter head by all Bidders participating in

Reverse Auction)

To,

Bank of India Date :

Head Office

Acceptance of Reverse Auction Business Rules and Terms & conditions

in respect of Tender / RFP Ref. No. BOI/HO/IT/ADC-RECON dated 18/05/2020

For Reconciliation of Transactions of Alternate Delivery Channels in Bank of India.

We refer to the captioned subject and confirm that –

• The undersigned is our authorized representative. • We have accepted and abide by all Terms of captioned Tender documents and Business

Rules and Terms & conditions of Reverse Auction for the procurement for which RFP is floated.

• 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.

• 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.

• I / We do understand that Service Provider may bid on behalf of other Bidders as well in case of above mentioned exigencies.

• We also confirm that we have a valid digital certificate issued by a valid Certifying Authority. • We will participate in Reverse Auction conducted by e-Procurement Technologies Pvt Ltd and

agree to enter into an agreement with him (Service Provider) for making the process of Reverse Auction and its result legally binding on us.

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• We will fax duly signed filled-in prescribed format (Annexure-D-B) as provided on case-to-case basis, to Bank within 24 hours of end of Reverse Auction without fail.

• 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.

• 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.

• We nominate our official Shri _________________________________ Designation _____________ of our company to participate in Reverse Auction. We authorize Bank to issue USER ID & PASSWORD to him. His official e-mail & contact number are as under – Email : Mobile:

----------------------------------------------------------------------------------------------------------------

Signature with company seal :

Name of Authorized Representative : Designation:

Email : Mobile :

Tel. No: Fax No.:

Annexure-D-B ( to be submitted / faxed by Successful Bidder of Reverse Auction within 24

hours from the end of Reverse Auction event)

To,

Bank of India Date :

----------------------

Sir,

Final / Lowest Bid Price quoted in Reverse held on _______________

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in respect of Tender / RFP Ref. No. BOI/HO/IT/ADC-RECON dated 18/05/2020

For Reconciliation of Transactions of Alternate Delivery Channels in Bank of India.

=======================================================

We confirm that the final total bid price quoted by us in the captioned Reverse Auction event for

captioned tender is as under –

Rs. ( in figure) : ___________________________

Rs. ( in words) : __________________________________________________________

(

We confirm that -

1) [ ] We enclose herewith the detailed break-up of above price as per Bill of Material

OR

[ ] We undertake to give detailed break-up of above bid price as per Bill of Material

within 48 hours from the end-of Reverse Auction event.

• 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

• We are bound to supply at the above final bid price of Reverse Auction.

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• We note that in case of back out or not supply as per the above rates quoted by us, Bank will take appropriate action against us and / or forfeit our Bid Security amount and / or debar him from participating in future

Signature with company seal :

Name of Authorised Representative :

Designation :

Email :

Mobile :

Tel. No :

Fax No :

Annexure-D-C: Process Compliance Form

(The Bidders are required to print this on their company’s letter head and sign, stamp before faxing to Service Provider) To

(Name & Address of Service Provider)

Sub: Agreement to the Process related Terms and Conditions for the Reverse Auction

----------------------------------------------------------------------------

Dear Sir,

This has reference to the Terms & Conditions for the Reverse Auction mentioned in the Tender

document for procurement of Hardware against the Ref: BOI/HO/IT/ADC-RECON dated

18/05/2020 Reconciliation of Transactions of Alternate Delivery Channels in Bank of

India.

This letter is to confirm that:

• The undersigned is authorized representative of the company.

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• 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.

• We also confirm that we have taken the training on the auction tool and have understood the functionality of the same thoroughly.

• We confirm that Bank of India and M/S e-Procurement Technologies Pvt. Ltd shall not be liable & responsible in any manner whatsoever for my/our failure to access & bid on the e-auction platform 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.

• We understand that in the event we are not able to access the auction site, we may authorize M/S e-Procurement Technologies Pvt. Ltd 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 of India or M/S e-Procurement Technologies Pvt. Ltd regarding any loss etc. suffered by us due to acting upon our authenticated fax instructions.

• I/we do understand that M/S e-Procurement Technologies Pvt. Ltd may bid on behalf of other Bidders as well in case of above mentioned exigencies.

• We also confirm that we have a valid digital certificate issued by a valid Certifying Authority.

• We also confirm that we will fax the price confirmation & break up of our quoted price as per Annexure-D-B as requested by Bank of India / M/S e-Procurement Technologies Pvt. Ltd within the stipulated time.

We, hereby confirm that we will honor the Bids placed by us during the auction process.

With regards

Signature with company seal

Name –

Company / Organization –

Designation within Company / Organization –

Address of Company / Organization –

Annexure –G

Penalty:

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The Vendor shall adhere to the timelines that are stipulated by

Bank/regulatory authority while providing the Deliverables and Services

failing which the Vendor shall be liable to pay penalty as under.

Failure of settlement of claims lodged within the stipulated time frame.

a. Non presentment of successful transaction to other Banks' within

stipulated time.

b. Erroneous / wrong presentment of failed transaction

Losses on account of Shortages borne by the bank will be recovered in

the event of:-

a) Non-reporting of shortages found in reconciliation of

transactions within 5 days.

b) Non-reporting of differences /shortages upon ledger balancing

of accounts within 5 days.

c) Non-reporting of error and differences in the CBR submitted by

the ATM Vendor within 2 working days of receipt of the CBR

(pertains to ATM reconciliation).

Any amount identified by the bank as shortage at any point of time

during the contract period which is not reported by the Vendor will be

recovered from the Vendor.

In addition to above, following table indicates period specific penalties

in respect of different work areas:

S No.

Work Period Penalty Amount (In Rupees)

Maximum penalty (Cap) (In Rupees)

Per day/per GL account

1 Delay in settlement after T+1

2nd to 10th days (2nd cycle to 10th day for IMPS and UPI)

2000 5000

10th to 20th days

5000 10000

Beyond 20 days 10000 20000

2 Delay in reconciliation after T+1

2nd day to 10th days (2nd cycle to 10th day for IMPS and UPI)

2000 5000

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10th to 20 days 5000 10000

Beyond 20 days 10000 20000

3 Delay in merchants payments after T+1

2nd to 10 days 5000 10000

10th to 20 days 10000 20000

Beyond 20 days 20000 40000

4 Delay in other payment products after T+ N (i.e. N is the day of settlement)

2nd to 10 days 5000 10000

10th to 20 days 10000 20000

Beyond 20 days 20000 40000

Penalty amount/per day/per ATM

5 Delay in Cash at ATM reconciliation

Beyond T+7 days

3000 25000

*The Penalty amount will be recovered from the monthly payment due to the Vendor.

Annexure-E

PRE-CONTRACT INTEGRITY PACT

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PRE-CONTRACT INTEGRITY PACT

BETWEEN

BANK OF INDIA

AND

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on

XX day of the XX month of 2020, 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 Shri Chief Executive Officer (hereinafter called the “BIDDER/Seller”

which expression shall mean and include, unless the context otherwise requires, his

successors and permitted assigns) of the Second Part.

WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/Item)

award the contract and the BIDDER/Seller is willing to offer/has offered the stores and

WHEREAS the BIDDER is a private company / public company / Government

undertaking / partnership / registered export agency, constituted in accordance with the

relevant law in the matter and the BUYER is a Public Sector Undertaking Bank of India.

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 :-

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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.

The parties hereby agree to enter into this Integrity Pact and agree as follows.

Commitments of the BUYER

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.

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Commitments of BIDDERs

3. 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 in exchange for any advantage in the bidding, evaluation,

contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised

to give, directly or indirectly any bribe, gift, consideration, reward favour,

any material or immaterial benefit or other advantage, commission, fees,

brokerage or inducement to any official of the BUYER or otherwise in

procuring the Contract or forbearing to do or having done any act in

relation to the obtaining or execution of the contract or any other contract

with the Government for showing or forbearing to show favour or disfavor

to any person in relation to the contract or any other contract with the

Government.

3.3 BIDDERs shall disclose the name and address of agents and

representatives and Indian

BIDDERs shall disclose their foreign principals or associates.

3.4 BIDDERs shall disclose the payments to be made by them to

agents/brokers or any other intermediary, in connection with this

bid/contract.

3.5 The BIDDER further confirms and declares to the BUYER that the

BIDDER is the original manufactures / integrator / authorized government

sponsored export entity of the stores / supplier and has not engaged any

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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 a relative of any of

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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.

3.13 The BIDDER shall not lend to or borrow any money from or enter into any

monetary dealings or transactions, directly or indirectly, with any

employee of the BUYER.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last

three years immediately before signing of this Integrity Pact, with any

other company in any country in respect of any corrupt practices

envisaged hereunder or with any Public Sector Enterprise in India or any

Government Department in India that could justify BIDDER’s exclusion

from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject,

BIDDER can be disqualified from the tender process or the contract, if

already awarded can be terminated for such reason.

5. Earnest Money (Security Deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit an amount 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 in favour of

(ii) A confirmed guarantee by an Indian Nationalized Bank, promising

payment of the guaranteed sum to the BUYER on demand within

three working days without any demur whatsoever and without

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seeking any reasons whatsoever. The demand for payment by the

BUYER shall be treated as conclusive proof of payment.

(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. Sanctions for Violations

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:-

(i) To immediately call off the pre-contract negotiations without

assigning any reason or giving any compensation to the BIDDER.

However, the proceedings with the other BIDDER(s) would

continue.

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(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 State 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.

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(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 BIDDER. However, the BIDDER can approach the

Independent Monitor(s) appointed for the purposes of this Pact.

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

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8.1 There shall be Independent Monitors (hereinafter referred to as Monitors)

appointed by the BUYER for this Pact in consultation and with approval

of the Central Vigilance Commission.

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.

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9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of

commission, the BUYER or its agencies shall be entitled to examine all the

documents including the Books of Accounts of the BIDDER and the BIDDER

shall provide necessary information and documents in English and shall extend

all possible help for the purpose of such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is

the seat of the BUYER.

11. Other Legal Actions

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.

13. The parties hereby sign this Integrity Pact at on

BUYER BIDDER

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Name of the Officer Name of the Officer

Designation Designation

Bank of India

Witness Witness

1……………………….. 1…………………....

2……………………….. 2…………………....