Request for Proposal (RFP)
For
Supply, Installation and Support of Two
number Host Security Modules (HSM)
devices for
BASE24 ATM Switch (HP NS2400 server) at
DC, Mumbai & DR Site at Bengaluru against
buyback of 4 old HSMs (as is where is basis)
Date of commencement of issue of RFPs
:19.12.2016 at 11:00 hrs.
Date and Time of Pre-Bid Meeting
: 27.12.2016 at 11:00 hrs.
Last date for receipt of queries on RFPs
: 29.12.2016 at 16:00 hrs.
Last date for Bid Submission of RFP
: 12.01.2017 at 16:00 hrs.
Date of Opening of Technical Bids of RFP
: 12.01.2017 at 16:30 hrs.
Fees for RFP document (non-refundable)
: Rs.5,000/-
Earnest Money Deposit (Bid Security, refundable)
: Rs.1,50,000/-
REF. NO.: HSM ATM-DECEMBER-2016
Department of Information Technology,
Technology Centre,
Page 1 of 55
DISCLAIMER
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 Union Bank of India, 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.
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.
The Bank reserves the right to cancel the Tender/RFP at any time without assigning any
reasons whatsoever.
Page 2 of 55
TABLE OF CONTENTS
1. INTRODUCTION ................................................................................................................. 6
2. RFP OBJECTIVE ................................................................................................................. 6
3. SCOPE OF WORK ............................................................................................................... 6
4. ELIGIBILITY CRITERIA ....................................................................................................... 7
5. COST OF RFP (NON REFUNDABLE) AND EARNEST MONEY DEPOSIT(REFUNDABLE) 8
6. BIDDING DOCUMENT ......................................................................................................... 8
7. AMENDMENT OF BIDDING DOCUMENTS ......................................................................... 9
8. TERMS OF EXECUTION OF WORK .................................................................................... 9
9. LOCATION TO BE COVERED ............................................................................................. 9
10. BIDDING PROCESS (TWO PART OFFER) .......................................................................... 9
11. OFFER VALIDITY PERIOD ............................................................................................... 10
12. LATE BIDS ........................................................................................................................ 10
13. TECHNICAL OFFER (TO)................................................................................................. 10
14. ERASURES OR ALTERATIONS......................................................................................... 11
15. MODIFICATION AND/OR WITHDRAWAL OF BID ........................................................... 11
16. PRICE COMPOSITION ...................................................................................................... 11
17. PRICE FREEZING .............................................................................................................. 12
18. NO PRICE VARIATIONS ................................................................................................... 12
19. REPEAT ORDER ............................................................................................................... 12
20. OPENING OF OFFERS ...................................................................................................... 12
21. EVALUATION CRITERION ............................................................................................... 12
22. COMMERCIAL EVALUATION PROCESS THROUGH REVERSE AUCTION ...................... 13
23. RULES FOR RE-AUCTION: .............................................................................................. 14
24. NO COMMITMENT TO ACCEPT LOWEST OR ANY TENDER .......................................... 14
25. ROAD PERMIT .................................................................................................................. 14
26. RIGHT TO ALTER QUANTITIES....................................................................................... 14
27. PAYMENT TERMS ............................................................................................................ 14
28. ORDER CANCELLATION .................................................................................................. 15
29. LIQUIDATED DAMAGES ................................................................................................... 15
30. INSPECTIONS & TESTS .................................................................................................... 16
31. MEDIA & DOCUMENTATION ........................................................................................... 16
32. AVAILABILITY OF SPARES .............................................................................................. 16
33. WARRANTY AND COMPREHENSIVE AMC ...................................................................... 16
34. SERVICE LEVEL AGREEMENT ......................................................................................... 17
35. DELIVERY PERIOD ........................................................................................................... 17
36. SYSTEM MAINTENANCE STANDARD .............................................................................. 18
37. ANNUAL MAINTENANCE CONTRACT/ANNUAL TECHNICAL SUPPORT ...................... 19
38. OEM AUTHORIZATION .................................................................................................... 19
39. SUPPLIER’S OBLIGATIONS ............................................................................................. 19
40. DELAYS IN THE SUPPLIERS PERFORMANCE ................................................................. 19
41. TERMINATION FOR DEFAULT ........................................................................................ 20
42. MAINTENANCE STANDARDS EXPECTED ....................................................................... 20
43. PATENTS RIGHTS ............................................................................................................ 20
44. FORCE MAJEURE ............................................................................................................. 20
45. OTHER TERMS AND CONDITIONS: ................................................................................. 21
46. INSURANCE: ..................................................................................................................... 21
47. GOVERNING LAWS AND DISPUTES: ............................................................................... 21
48. ASSIGNMENT.................................................................................................................... 21
Page 3 of 55
49. RFP OWNERSHIP ............................................................................................................. 21
50. PROPOSAL OWNERSHIP ................................................................................................. 22
51. TENDER/RFP CANCELLATION ....................................................................................... 22
52. INDEMNITY ....................................................................................................................... 22
53. PUBLICITY........................................................................................................................ 23
54. LIMITATION OF LIABILITY .............................................................................................. 23
55. USE OF CONTRACT DOCUMENTS AND INFORMATION ................................................ 23
56. ASSIGNMENT.................................................................................................................... 23
57. CONTRACT BETWEEN BANK AND SHORTLISTED BIDDER ........................................... 24
58. SUBMISSION OF BIDS ...................................................................................................... 25
59. ANNEXURE I : PRE-QUALIFICATION CRITERIA............................................................. 26
60. ANNEXURE II : ACCEPTANCE OF SCOPE OF WORK ..................................................... 28
61. ANNEXURE III : HARDWARE SPECIFICATIONS FOR HSM: ............................................ 29
62. ANNEXURE IV : ACCEPTANCE OF TERMS AND CONDITIONS ...................................... 32
63. ANNEXURE V : UNDERTAKING ....................................................................................... 33
64. ANNEXURE VI : BIDDERS INFORMATION....................................................................... 34
65. ANNEXURE VII : BANK GUARANTEE .............................................................................. 35
66. ANNEXURE VIII : REVERSE AUCTION RULES ................................................................ 37
67. EXHIBIT A : COMPLIANCE STATEMENT......................................................................... 43
68. EXHIBIT B : PARTICIPATION IN REVERSE AUCTION .................................................... 44
69. ANNEXURE IX : BANK GUARANTEE FOR EMD .............................................................45
70. ANNEXURE X : INTEGRITY PACT ................................................................................... 46
71. ANNEXURE XI : REFUND OF EMD ................................................................................... 52
72. ANNEXURE XII: UNDERTAKING BY THE BIDDER ........................................ 53
73. ANNEXURE XIII : BILL OF MATERIALS ........................................................................... 54
74. ANNEXURE XIV : PRE BID QUERY FORMAT .................................................................. 55
Page 4 of 55
Bid Details: Supply, Installation and Maintenance of of Two number Host Security Modules
(HSM) devices for BASE24 ATM Switch (HP NS2400 server) at DC, Mumbai & DR Site at
Bengaluru
Start date and time
19.12.2016 at 11:00 hrs.
Date and Time of Pre-Bid Meeting
27.12.2016 at 11:00 hrs.
Last date for Receipt Of Queries/
Clarifications
29.12.2016 at 16:00 hrs.
Last date and time for Receipt Of
Bidding Document
Date and Time of Technical Bid
Opening
Place of opening of Bids
Address for communication
12.01.2017 at 16:00 hrs.
12.01.2017 at 16:30 hrs.
Union Bank of India, 5th Floor, Department of
Information Technology, Technology Centre, Adi
Shankaracharya Marg, Opp. Powai Lake, Powai,
Mumbai.
As above
Tel:(022) 25710 512/25710507/25710205
RFP cost (Non Refundable)
Rs.5,000/- in the form of Demand Draft in favour
of Union Bank of India payable at Mumbai. Same
should be submitted at the time of bid submission.
EMD (Refundable)
Rs.1,50,000/- in the form of Demand Draft in
favour of Union Bank of India payable at Mumbai
or BG as per Annexure - VII for equivalent amount
valid for 180 days inclusive of action period. Same
should be submitted at the time of bid submission.
Interested Bidders are requested to send their
queries through email to
[email protected]
[email protected]
Contact Details
[email protected]
Containing following information, so that in case
of any clarification same may be issued to them:
Name of company, contact person, Mailing
address with Pin Code, Telephone No., Fax No.,
email address, Mobile No. etc.
Page 5 of 55
INSTRUCTIONS TO BIDDER
1. INTRODUCTION
Union Bank of India, a Public Sector Bank (hereinafter referred to as Bank) having its
Central Office at 239, Vidhan Bhavan Marg, Union Bank Bhavan, Nariman Point, Mumbai400021 and Department of Information Technology at 1/1A Adi Shankaracharya Marg,
Opp. Powai Lake, Powai, Andheri (East), Mumbai – 400072.
2. RFP OBJECTIVE
Bank invites technically complete and commercially competitive proposals from reputed
manufactures/authorized representatives for supply, Installation, configuration and
maintenance of Hardware Security Module (HSM) for Nonstop HP NS 2400 Base24 ATM
switch, to its offices at Data Centre, Mumbai & Disaster Recovery site, Bangalore on
buyback of 4 number old HSM. Bank invites technically complete and commercially
competitive proposals from reputed manufactures/authorized representatives for supply,
Installation, configuration and maintenance of Hardware Security Module (HSM), in its
offices at Data Centre, Mumbai & Disaster Recovery site Bengaluru.
3. SCOPE OF WORK
Bank proposes to procure two number Host Security Modules (HSM) devices for Base24
ATM Switch running on HP Integrity NS2400 servers at DC (Data Centre), Mumbai & DR
(Disaster Recovery), Bengaluru for cryptographic facilities to secure transaction in
financial network and compatible to existing Thales HSM model payshield 9000 (220 TPS)
under buyback against 4 old Thales HSMs. Bank proposes to connect new HSM devices
back to back for load balancing & high availability. The details of Hardware & Software
technical specifications are as per Annexure III attached herewith.
The scope of work includes following, but is not limited to:
3.1
As per PCI DSS Standards, HSM is required for encryption & decryption of the
card & PIN details to enable all type of card Transactions. The HSM module
should comply latest security standards of PCI DSS.
3.2
The main purpose of HSM will be key generation. In case of any fault
/malfunctions in the supplied HSM the vendor should get it repaired or
replaced at the earliest (Max. within 1 day from the time email or alert raised
by the bank).
3.3
Bidders may be called to perform demonstration of solution at Technical
evaluation stage. The HSM should be compatible with the present setup &
existing HSM module (Thales payShield 9000 model).
3.4
The scope of work shall broadly cover end to end supply, installation and
support of the HSMs solution at both DC & DR sites of Union Bank of India.
3.5
The newly procured HSM shall be connected in fallback mechanism with Bank’s
existing HSM (Thales payShield 9000 model) back to back at DC and DR sites. It
is the responsibility of the selected bidder to connect the new HSM in fallback
with existing one without disturbing the current setup at DC and DR sites.
Page 6 of 55
3.6
The 2 new HSMs shall be supplied against buyback of 4 old Thales HSMs
on as is where is basis. The details are as under :
Sr. No.
1
2
3
3.7
3.8
4
Make & Model
Old
Capacity (TPS)
Location
More than 7
Thales HSM 8000
year
220
DC, Powai Mumbai
More than 7
Thales HSM 8000
year
220
DC, Powai Mumbai
More than 7
Thales HSM 8000
year
20
DC, Powai Mumbai
More than 7
Thales HSM 8000
year
220
DR Site, Bengaluru
The identified vendor has to provide warranty support for the HSMs for 3 years
from the date of Installation and post warranty AMC support for next 4 years.
The details of scope are given in the Technical Specifications-Annexure-II.
4. ELIGIBILITY CRITERIA
4.1
4.2
4.3
The bidder should be either Original Equipment Manufacturer (OEM) of Branded
HSM or one of their authorized representatives in India. In case of authorized
representative, a letter of authorization to this effect from OEM must be
furnished. The authorization letter should mention that if authorized
representative fails to meet the obligation for items supplied and / or to be
supplied under this tender, then OEM would be responsible for all obligations
for their items.
The bidder should be a company registered in India as per Company Act 1956.
The bidder should have experience of minimum 3 years in supplying and
providing maintenance services for HSM or servers in India.
The bidder/OEM should be having/ establish support offices/ Support Centers/
Support Locations with necessary support infrastructure for maintenance of
HSM at bank‘s DC Site, Mumbai and DR site Bengaluru.
4.4
The bidder should have supplied HSM during the last three accounting years
(2013-14, 2014-15 and 2015-16) to banks/ Financial Institutes/ BFSI with
interface to Base24 ATM Switch running on HP NonStop server.The new HSM
will connected back to back for high availability and load balancing and
compatible with Thales Payshield 9000 model.
4.5
Bidder should have minimum annual turnover of Rs. 5 crores during the last
three financial years (2013-14, 2014-2015 & 2015-16 or calendar years 2014,
2015, 2016 or bidder’s financial years).
4.6
The bidder should have net profit (Profit after tax) during last three financial
years. Audited Balance sheet or Profit/Loss statement of the firm to be
provided of last three financial years i.e. 2013-14, 2014-2015 & 2015-2016.
4.7
4.8
Bidders to quote for HSM of only one OEM (at DC & DR site).
The bidder should not have been black listed by any of Government Authority
or Public Sector Undertaking (PSUs). In case, in the past, the name of their
Page 7 of 55
Company was black listed by any of the Govt. Authority or PSUs, the name of
the company or organization must have been removed from the black list as on
date of submission of the tender, otherwise the bid will not be considered.
4.9
Bidders, who have not satisfactorily completed any of the earlier contracts
with the Bank and/or who have been debarred by the Bank from participating
in future tenders, will not be eligible for this tender. Bidder to submit an
undertaking in this regard.
4.10
Proposed HSM should adhere to latest PCI DSS standard and compatible with
Base24 ATM Switch hosted on HP Integrity NS2400 server and higher versions.
Vendor must comply with the above mentioned criteria. Non-compliance of any of the
criteria can entail rejection of the offer. Photocopies of relevant
documents/certificates should be submitted as proof in support of the claims made for
each of the above mentioned criteria. The Bank reserves the right to verify/evaluate
the claims made by the vendor independently. Any misrepresentation will entail
rejection of the offer.
5. COST OF RFP (NON REFUNDABLE) AND EARNEST MONEY DEPOSIT(REFUNDABLE)
Bidder should pay Rs. 5,000/- in the form of Demand Draft in favour of Union Bank of
India payable at Mumbai towards cost of RFP. Same should be submitted at the time of
bid submission.
Bidder should deposit EMD of Rs. 1,50,000/- in the form of a demand draft or BG issued
by a scheduled commercial bank favouring Union Bank of India payable at Mumbai or Bank
Guarantee. Same should be submitted at the time of bid submission.
Bank will follow the guidelines issued by Govt. of India for MSME units registered with
NSIC under single point registration scheme. However bidder has to submit the copy of
valid NSIC Certificate clearly mentioning that they are registered with NSIC under single
point registration scheme.
No interest will be payable on the Bid Security amount. Bid Security of unsuccessful
Bidders will be refunded to the bidders only after completion of the bid process. Bid
security to successful bidder will be released after delivery and installation of all
equipments.
EMD will be forfeited in the following cases:
5.1
5.2
If a bidder withdraws its bid during the period of bid validity and/or
In case of a successful Bidder, if the Bidder fails:
a. In the Contract within the stipulated time and/or
b. To furnish Performance Security within the stipulated time and valid till
the end of warranty period.
c. The Bidder refuses to accept purchase order or having accepted the
purchase order, fails to carry out his obligations mentioned therein.
6. BIDDING DOCUMENT
The Bidder is expected to examine all instructions, forms, terms and conditions and
technical specifications in the bidding documents. Failure to furnish all information
required by the bidding documents or submission of a bid not substantially responsive to
Page 8 of 55
the bidding documents in every respect will be at the Bidder’s risk and may result in the
rejection of its bid.
7. AMENDMENT OF BIDDING DOCUMENTS
7.1
At any time prior to the date for submission of bids, the bank may, for any
reason, whether at its own initiative or in response to a clarification requested
by a prospective bidder, modify the Bidding documents by amendments.
7.2
Amendments, if any will be notified through Bank’s web site to all prospective
Bidders, which have received the Bidding documents and will be binding on
them.
7.3
In order to provide, prospective Bidders, reasonable time to take the
amendment into account for preparing their bid, the Purchaser may, at its
discretion, extend the last date of submission of bids.
8. TERMS OF EXECUTION OF WORK
8.1
8.2
8.3
8.4
The Bidder shall deliver the equipment within 6 weeks from the date of the
Purchase order. In case of delay in delivery of equipments, penalty will be
charged as mentioned in Liquidated Damages clause.
The Bidder shall complete the installation and configuration within 2 weeks
from date of delivery. Any delay beyond stipulated period will attract
additional penalty, as mentioned in the LD clause. Part of the week will be
considered as full week.
The Bidder should have adequate number (min 5) of (as quoted in bid)
certified personnel. An undertaking in this regard has to be submitted to the
bank along with the technical bid.
It is responsibility of the bidder to format the old HSM before moving out from
the bank premises.No additional charges will be borne by bank if any.Bidder
has submit undertaking forthe same.
9. LOCATION TO BE COVERED
The equipment being procured will be installed on Primary site in Mumbai and Disaster
Recovery (DR) Site, Bengaluru. However, the Bank reserves the right to change
locations/add new locations as per Bank’s requirement.
10. BIDDING PROCESS (TWO PART OFFER)
10.1
The offer will be in two parts; Technical & Commercial. Both the parts must be
submitted at the same time but in separate sealed covers, giving full
particulars, addressed to the Asst. General Manager (DIT), Union Bank of India,
5th Floor, Adi Shankaracharya Marg, Mumbai – 400072 and duly super-scribed
"Technical Offer for Procurement of Two number Host Security Modules (HSM)
devices for ATM Switch at DC & DR on buyback” and "Indicative Commercial
Offer for Procurement of Two number Host Security Modules (HSM) devices for
ATM Switch at DC & DR on buyback”. These covers should also indicate name,
address and contacts of the bidder submitting the offers.
Page 9 of 55
10.2
10.3
10.4
10.5
TECHNICAL BID will also contain the Bidders information in the format as given
in bid document. TECHNICAL BID will NOT contain any pricing or commercial
information at all.
In the first stage, only TECHNICAL BID will be opened and evaluated. Those
bidders satisfying the eligibility criteria and the technical requirements as
determined by the Bank and accepting the terms and conditions of this
document shall be short-listed.
After completion of above evaluation, the INDICATIVE COMMERCIAL BID of only
those bidders, whose bids are short-listed, will be opened
The offers should either be hand delivered or dropped in the Tender box at the
given address before the stipulated date and time. In case designated date of
bid submission is declared to be public holiday, the same may be extended to
next working day.
11. OFFER VALIDITY PERIOD
The offer should remain valid for a period of at least 180 days from the date of the offer.
12. LATE BIDS
Any bid received by the Bank after last date and time of submission of bid prescribed by
the Bank, may be rejected and/or returned unopened to the Bidder. Bank reserves right
to accept or reject any such bids without assigning any reason thereof.
13. TECHNICAL OFFER (TO)
13.1
The Technical offer (TO) should be complete in all respects and contain all
information asked for in this document. It should not contain any price
information. However TO should confirm that all required rates have been
quoted in Indicative Commercial Offer (CO), without showing the actual
amounts in the TO. Any software/s supplied free along with the systems must
be indicated separately and specifically.
13.2
The TO must be submitted in structured manner. No brochures, leaflets, etc.
should be submitted in loose form.
13.3
The TO should comprise of following:
13.3.1
Pre-qualification criteria as per Annexure-I
13.3.2
Acceptance of scope of work as per Annexure-II
13.3.3
Compliance of Technical requirement as per Annexure -III
13.3.4
Acceptance of Terms and Conditions as per Annexure-IV
13.3.5
Undertaking as per Annexure-V
13.3.6
Bidder Information as per Annexure-VI
13.3.7
Unpriced Commercial Offer. This should be a replica of the complete
Commercial Offer as per format given in Annexure–XIII but without
indicating the prices
13.3.8
Declaration for Compliance as per Exhibit A
Page 10 of 55
13.3.9
13.3.10
13.3.11
13.3.12
Note: All mentioned Annexure, Exhibit-A and Exhibit-B should be
submitted duly signed with seal of the company on company letter
head (All these documents to be filed in one file.)
Photocopies of relevant documents / certificates as proof in support
of various information submitted in aforesaid annexure and other
claims made by the vendor (to be filed in a separate file.)
Product brochures, leaflets, manuals, etc. (to be filed separately)
Bid security of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand Only)
in the form of a demand draft issued by a scheduled commercial
bank favouring Union Bank of India, DIT payable at Mumbai or Bank
Guarantee for Rs. 1,50,000/- (Rupees One Lac Fifty Thousand Only)
issued by any Scheduled Commercial Bank (Other than Union Bank Of
India and Cooperative Bank) in favour of Union Bank Of India valid
for minimum 180 days from last date of submission of bid. EMD
should be enclosed with Technical Bid.
Note: Cost of RFP should be submitted separately and it should not be enclosed with
technical bid.
14. ERASURES OR ALTERATIONS
Technical details and commercial quotes must be completely filled up. The corrections or
alterations, if any should be authenticated. In case of the corrections/alteration not
properly authenticated, the offer will be liable for rejection.
15. MODIFICATION AND/OR WITHDRAWAL OF BID
The bidder may modify or withdraw its bid’s submission, provided that written notice of
the modification or withdrawal is received by the Bank prior to the deadline prescribed
for submission of bids.
The Bidders’ modification or withdrawal notice shall be prepared, sealed, marked and
delivered in accordance to the provision of Para “Submission of Bids”, with the envelope
additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate. The
withdrawal notice may also be sent by fax but followed by a signed confirmation copy,
post marked not later than the deadline for submission of bids.
No bid will be modified after the deadline for submission of bids.
No bid may be withdrawn in the intervening period between deadline for submission of
bids and expiration of period of bid validity specified by the bidder in the submitted bid.
No bidder shall be allowed to withdraw the bid, if bidder happens to be successful
bidder.
16. PRICE COMPOSITION
The prices quoted should be only in Indian rupees.
16.1
The prices should be exclusive of all taxes, duties, levies including Sales Tax,
Service Tax on AMC/ATS etc., except octroi/entry tax, will be payable at
actual. For claiming of octroi, the invoice billing must be out of jurisdiction of
Page 11 of 55
16.2
16.3
Municipal Corporation of Mumbai otherwise octroi will not be reimbursed by
Bank.
The prices should be exclusive of all govt. taxes however the tax component
should be shown separately in TCO.
Any changes in Service Tax/VAT/CST/GST/LBT will be borne by Bank.
16.4
The prices quoted should also include charges towards freight, forwarding,
delivery, installation, transit insurance charges till installation, commissioning
of equipment.
16.5
The prices should include 3 years warranty for hardware and 4 year post
warranty support for hardware & software.
16.6
The Bidders should quote prices strictly as per the price composition stated
above failing which the offers are likely to be rejected.
17. PRICE FREEZING
The prices finalized shall remain valid for 1 year from the date of first PO. However,
AMC/ATS prices of Hardware and Software etc will remain valid for 4 years of post
warranty period of 3 years.
18. NO PRICE VARIATIONS
The commercial offer shall be on a fixed price basis. No upward revision in the price
would be considered except increases in customs duty, excise tax, sales tax, etc. Any
change in the service tax and or any such type of tax will be to the account of Bank.
19. REPEAT ORDER
Bank may place repeat order, if desired, within one year of placing PO at the existing
terms & conditions and cost.
20. OPENING OF OFFERS
The representative of the Bidder can be present for the opening of the Technical Offers.
No separate intimation will be given in this regard to the Bidders, for deputing their
representative. In case designated date of bid submission is declared to be public holiday,
the same may be extended to next working day.
21. EVALUATION CRITERION
21.1 Evaluation of Technical Bids:
21.1.1 The Bank's evaluation of the technical bids will take into account the
following factors and based on such evaluation the technically qualified
bidders will be short-listed:
a) Conformation to pre qualification criteria.
b) Compliance of terms and conditions stipulated in the RFP duly supported by
certified documentary evidence called for therein.
c) Submission of duly signed compliance statement as stipulated in Annexure I.
Details / Brochures containing data centre infrastructure facilities are to be
enclosed.
Page 12 of 55
d) Review of written reply, if any, submitted in response to the clarification
sought by the Bank, if any.
21.1.2 Bank reserves the right to reject an offer under any of the following
circumstances:
a) Bid security is not submitted.
b) Document fees are not paid, if required.
c) Offer is incomplete and/or not accompanied by all stipulated documents.
d) Offer is not in conformity with the terms and conditions stipulated in this
document.
e) Specifications stipulated in Annexure-III is not met. However, deviations
resulting in higher/superior configuration will be accepted.
f) Unpriced Commercial Offer is not submitted along with Technical Offer.
g) Format of Commercial Offer differs from unpriced commercial Offer.
21.1.3 If required, normalization of TCO would be undertaken on the basis of
technical evaluation, before opening the Commercial Offers.
21.2
Commercial Bids:
21.3
Determination of L1 Bidder and Awarding of Contract:
Commercial bids of only technically qualified short listed bidders will be
opened and evaluated.
On completion of evaluation process of Indicative commercial bids, Bank will
conduct the reverse auction through an outside agency as per Business Rules
given in annexure VIII and contract will be awarded to lowest bidder.
22. COMMERCIAL EVALUATION PROCESS THROUGH REVERSE AUCTION
22.1
22.2
For finalization of the most competitive offer, the Bank will conduct ‘Reverse
auction’. The detailed procedure and Business rules for the Reverse auction is
given as per Annexure- VIII and are also available on Bank’s web site.
The technically qualified Bidders will participate in the Reverse auction
process that will be conducted by an Auction company authorized by the Bank.
Specific rules for this particular event viz, date and time, start price, bid
decrement value, duration of event etc. shall be informed by the Auction
Company to the participating Bidders before the event. The Bidders should
furnish indicative prices for the project in their Indicative Commercial Bid to
facilitate finalizing the start bid for ‘Reverse auction’ under e-Procurement
process.
22.3
The lowest Indicative commercial offers (total cost) will be taken as the
starting bid of the Reverse Auction and not for deciding the L-1 status. Bidders
should note that the indicative commercial bid is considered for the purpose of
conducting ‘Reverse auction process only. The L-1 Bidder will be decided only
later, on finalization of prices through Reverse auction.
22.4
The L-1 Bidder emerging at the end of the Reverse Auction process shall be
required to submit the break-up of his Final price (last bid price) again in
Annexure-XIII. Failure or refusal to offer the services/goods at the price
committed through Reverse Auction shall result in forfeit of the BID SECURITY
to Bank, which please note.
Page 13 of 55
22.5
22.6
The final decision on the Bidder will be taken by Union Bank of India. The
implementation of the project will commence upon successful negotiation of a
contract between Union Bank and the selected L-1 Bidder.
Union Bank reserves the right to reject any or all proposals. Similarly, it
reserves the right not to include any Bidder in the final short-list.
23. RULES FOR RE-AUCTION:
Bank may consider the option of a Re-Auction in following circumstances:
23.1
23.2
23.3
During the process of reverse auctions, if there is either no bids from logged in
Bidders or only one Bidder puts up bid/s, Bank may decide a re-auction by
taking fresh Indicative prices from all qualified Bidders in sealed cover only,
to amend the start price for Re-auction.
In case the start price for the Reverse Auction event is decided by Bank and
there are no bids or only one bid/s by a single Bidder in the Reverse Auction,
Bank may decide Re-Auction while further amending the start price.
Reverse auction will be valid only if two or more bidders are participating in
the reverse auction event.
24. NO COMMITMENT TO ACCEPT LOWEST OR ANY TENDER
The Bank shall be under no obligation to accept the lowest or any other offer received in
response to this tender and shall be entitled to reject any or all offers without assigning
any reason whatsoever.
25. ROAD PERMIT
In case of delivery of hardware to the areas where Road Permit is required for
transportation of goods, it is the responsibility of Bidders to provide the same making all
the arrangements required in advance. However Bank will provide any letter, if required
by the Bidders for carrying out the task and will pay by bank on successfully producing
the original receipt if any.
26. RIGHT TO ALTER QUANTITIES
26.1
26.2
The Bank will be free to either reduce or increase the quantity to be
purchased on the same terms and conditions. The Bank reserves the right to
alter quantities.
The Bank also reserves right to place further/repeat order on same terms and
conditions within a period of twelve months from the date of purchase order /
letter of intent.
27. PAYMENT TERMS
The terms of payment will be as follows:
27.1
27.2
No advance payment will be made against purchase order.
65% of the value of the equipment and software cost will be paid after
delivery. The payment will be made against delivery challans and invoices duly
signed by the Bank officials.
Page 14 of 55
27.3
25% of the value of the equipment & software will be paid on completion of
installation. Bank will make this payment on site-by-site basis (in case of
multiple sites) against installation reports
27.4
The balance 10% will be paid after completion of entire job and against a
performance Bank Guarantee (BG) for 10% of order value and valid for the
warranty period (the format of BG will be given by the Bank). In case of non
submission of BG Bank will withhold 10% of order value till contract period.
27.5
AMC/ATS for hardware/software will be paid on quarterly basis in arrears
against submission of invoice.
27.6
The bidder is eligible for octroi claim only, if the invoice billing is out of
jurisdiction of Municipal Corporation of Mumbai.
28. ORDER CANCELLATION
28.1
28.2
28.3
28.4
28.5
The Purchaser, without prejudice to any other remedy for breach of contract,
by written notice of default sent to the Supplier, may terminate this Contract
in whole or in part.
If the Supplier fails to deliver any or all of the Goods within the period(s)
specified in the Contract, or within any extension thereof granted by the
Purchaser.
The Bank reserves its right to cancel the order in the event of delay in
delivery.
If the Supplier fails to perform any other obligation(s) under the Contract.
In the event the Purchaser terminates the Contract in whole or in part, the
Purchaser may procure, upon such terms and in such manner, as it deems
appropriate, Goods or Services similar to those undelivered and the Supplier
shall be liable to the Purchaser for any excess costs for such similar Goods or
Services. However, the Supplier shall continue performance of the Contract to
the extent not terminated.
29. LIQUIDATED DAMAGES
29.1
29.2
29.3
29.4
29.5
29.6
Notwithstanding the Bank's right to cancel the order, liquidated damages at
0.5% of the cost of undelivered equipments per site per week will be charged
for every week's delay in delivery subject to maximum 5%.
The Bidder shall complete the installation and configuration within 2 weeks
from date of delivery. Any delay beyond stipulated period will attract
additional penalty @ 0.5% per week of order value maximum 5%.
Maximum penalty is of 5% of order value excluding AMC & ATS charges.
The Bank reserves its right to recover these amounts by any mode such as
adjusting from any payments to be made by the Bank to the company.
Part of week will be treated as a week for this purpose.
However, the Bank may, at its discretion, waive the liquidated damages in
case the delay cannot be attributed to the Bidder.
Page 15 of 55
30. INSPECTIONS & TESTS
30.1
The Bank or its representative shall have the right to inspect and/or to test
the hardware/software to check their conformity to the contract
specifications at no extra cost to the Bank.
30.2
The inspections and test may be conducted on the premises of the
supplier/vendor or its subcontractor(s), at point of delivery and/or at the final
destination. If conducted on the premises of the supplier/vendor or its
subcontractor(s), all reasonable facilities and assistance as required by the
Bank officials/representative, including access to drawings, system start/boot
and production data, shall be furnished to the inspectors at no charge to the
Bank.
30.3
Should any inspected or tested hardware/software fail to conform to the
specifications, the Bank may reject the hardware/software, and the vendor
shall either replace the rejected hardware/software or make alterations
necessary to meet specification/requirements free of cost to the Bank.
30.4
Pre-delivery /acceptance inspection will be carried out by the Bank through its
staff / consultant at vendor’s factory / warehouse or at any other Bank’s site /
location depending on the exigencies of the Bank. The vendor shall keep ready
the systems for inspection if the inspection is carried out at Bank’s site. The
vendor should provide all assistance including manpower. There shall not be
any additional charges for such inspection. However, the Bank will have the
discretion to recover the costs related to travel and stay of its staff /
consultants if the systems offered for inspection is not as per the requirements
of the Bank.
31. MEDIA & DOCUMENTATION
The vendor is expected to provide Media & Documentation for all the hardware/software
provided. Working copy of the software may be submitted along with an undertaking on
company's letter head stating that it contains valid and legal software as required by the
Bank.
32. AVAILABILITY OF SPARES
Spares for the hardware/software offered should be available for at least 7 years.
33. WARRANTY AND COMPREHENSIVE AMC
33.1
The offer must include comprehensive on-site warranty of 3 year from the
date of complete sign off by the bank official which will be given after
commissioning of the hardware/software to the satisfaction of the Bank and 4
years post warranty comprehensive support.
33.2
Vendor shall be fully responsible for the manufacturer’s warranty in respect of
proper design, quality and workmanship of hardware, accessories, etc.
Page 16 of 55
covered by the offer. Vendor must warrant all hardware, accessories, spare
parts, etc., against any manufacturing defects during the warranty period.
During the warranty period vendor shall maintain the hardware/software and
repair/replace all the defective components at the installed site, at no
additional charge to the Bank.
33.3
The bidder has to maintain the equipment supplied for at least 4 years after
the expiry of 3 years warranty period. The same maintenance standards are
expected during warranty period as well as during comprehensive AMC period.
34. SERVICE LEVEL AGREEMENT
34.1 At the same time as the Bank notifies the successful Bidder that it’s Bid has been
accepted, the Bidder shall enter into a Service Level Agreement (SLA) with the
Bank, containing all the Terms and Conditions of this RFP, including confidentiality,
non-disclosure and penalty clauses, and any other clause relevant to the services
offered.
34.2 The contract period will be for a period of seven years from the project going live
or the date of SLA, whichever is earlier.
34.3 The bidder should ensure 99.99% uptime of HSM (to be calculated on quarterly
basis) during warranty period and post warranty maintenance contract period.
Bidder is expected to submit this report within a week after expiry of every
calendar quarter. Delays if any on account of procurement of spares will not be
exempted while reckoning the uptime SLA of 99.99%.
34.4 Bidder should also ensure that the maximum response time for onsite service call
does not exceed 2 hours. The maximum time to resolve the issue (Resolution time),
is within 4 hours.
34.5 Services delivered by the vendor should comply with the SLA and any violation of
SLA will attract penalties as below:
i.
Uptime of 99.99% and above in each quarter: No penalty.
ii.
Uptime of 99% and above but below 99.99% in each quarter: 10% of
quarterly AMC value per quarter. Further for each instance of 0.1%
downtime and addition of 10% of quarterly AMC value will be charged.
34.6 For any penalty during warranty period, the bidder shall give a credit note in
favour of Union bank of India within 30 days from the date of intimation of penalty
by the Bank. If the bidder fails to give the credit note within 30 days of intimation
of penalty, Bank reserves the right to invoke the performance Bank guarantee
submitted by the bidder.
34.7 Bank may recover such amount of penalty from any payment being released to the
bidder, irrespective of the fact whether such payment is relating to this contract or
otherwise.
35. DELIVERY PERIOD
The hardware/software is to be delivered within 6 weeks from the date of the purchase
order. The Installation and Commissioning of the hardware shall be completed within 2
Page 17 of 55
weeks from the date of delivery. A notional period of additional one week is given for
delivery in case of pre-shipment testing. For any delay in delivery, installation and
commissioning beyond 6+2 weeks from the date of Purchase Order issued by the Bank,
the Bank reserves the right to charge Liquidated Damages at the rate defined above.
However the Bank may decide not to have Pre-shipment testing at its own discretion. In
the event of waiver of the pre shipment testing, the one-week period for testing will be
reduced for arriving at liquidated damages.
36. SYSTEM MAINTENANCE STANDARD
36.1
36.2
36.3
36.4
36.5
Sr.No.
1
2
The Bidder will assume total responsibility for the fault free operation of
hardware/Servers, application software and maintenance during the warranty
and post warranty (AMC/ATS period) for a total duration of seven years. The
Supplier will accomplish preventive and breakdown maintenance activities to
ensure that all hardware execute without defect or interruption for at least
99.99% uptime for 24 hours a day, 7 days a week of operation of the machine
worked on a quarterly basis. If the service support is less than 24*7 basis, Bank
may at its own discretion reject the proposal in total, without assigning any
reason.
The supplier has to ensure on-site support (without any extra cost) for
resolving all Hardware & software issues, including re-installation of Software,
due to any reason what-so-ever, during warranty and AMC/ATS period (or such
other extended period as per the contract terms and paid maintenance will
commence only thereafter).
During the warranty period the Bidder should undertake to provide the Bank
free maintenance service (which will include repair and maintenance of all
systems, kits or parts, spare parts etc as and when required) from the date of
commissioning of the Systems. The Bidder should maintain critical
components.
If any critical component of the entire configuration is out of service for more
than 24 hours, the Supplier shall either immediately replace the defective unit
or replace it at its own cost or provide a standby.
Bidder should resolve the problem reported by any means within four hours of
report.
Response Time (during office
Description
Penalty (Rs.)
hours)
Call response time
4 hours
Call resolution time Equipment down for above 4 to
including
6 hours after logging complaint
replacement
of
parts
NO PENALTY
Rs. 10000 per day
(max.10% of the HW
value
of
faulty
Hardware
and
software).
Above 6 hours , if substitute is Rs. 25000 per day
not provided
(max.10% of the HW
value
of
faulty
Hardware
and
software).
Page 18 of 55
37. ANNUAL MAINTENANCE CONTRACT/ANNUAL TECHNICAL SUPPORT
37.1
37.2
37.3
37.4
The Bidder is expected to maintain the equipment supplied for four years after
the expiry of warranty period. Comprehensive on-site maintenance charges,
for the post warranty period, must be quoted in percentage terms on a yearly
basis, in the Commercial Offer. The Bidder is expected to ensure same
maintenance standards as mentioned below.
At the same time, the Bidder is also expected to make available the spare
parts for the systems for four years after the expiry of warranty period. If any
of the peripherals, components etc. are not available or difficult to procure or
if the procurement is likely to be delayed, the replacement shall be carried
out with equipment of equivalent capacity or higher capacity at no additional
charges to the Bank, during the currency of warranty period and AMC.
Bidder is expected to provide warranty and post-warranty comprehensive onsite 24x7 maintenance with 4 hours problem resolution commitment for 7
years.
The rate of AMC quoted in Total Cost of Ownership (TCO) should be between
8% to 10% p.a. of the Hardware cost.
Note: Bidders need to provide report for support for Bank’s review and approval
after the contract is awarded to them during the warranty and AMC period.
38. OEM AUTHORIZATION
In case the successful bidder is not ready to provide support during the warranty/AMC
period, support will be provided by OEM directly or through their authorized partners for
the remaining period of warranty/AMC without any additional cost to the Bank.
39. SUPPLIER’S OBLIGATIONS
39.1
The Supplier is responsible for managing the activities of its personnel or subcontracted personnel and will hold itself responsible for any misdemeanours.
39.2
The Supplier’s representative and local office at Mumbai will be the contact
point for the Bank and all the authentic status of delivery and installation
should be made available in writing at least twice in a week
39.3
The Supplier will treat as confidential all data and information about the bank,
obtained in the execution of its responsibilities, in strict confidence and will
not reveal such information to any other party without the prior written
approval of the Bank. In case of any breach of trust, the Bank may initiate any
action as deemed fit entirely at the cost and responsibility of the supplier.
40. DELAYS IN THE SUPPLIERS PERFORMANCE
Delivery of the goods and performance of the Services shall be made by the supplier in
accordance with the time schedule specified by purchaser. Any delay in performing the
obligation by the supplier will result in imposition of liquidated damages and/or
termination of contract for default.
Page 19 of 55
41. TERMINATION FOR DEFAULT
41.1
41.2
The Bank, without prejudice to any other remedy for breach of Contract, by
written notice of default sent to the Bidder, may terminate this Contract in
whole or in part, if the Bidder fails to perform any obligations(s) under the
Contract.
In the event of the Bank terminating the Contract in whole or in part, the Bank
may procure, upon such terms and in such manner, as it deems appropriate,
services similar to those undelivered, and the Bidder shall be liable to the
Bank for any excess costs for such similar services.
42. MAINTENANCE STANDARDS EXPECTED
The Bidder should ensure that the hardware reported down on any day is set right on the
same day and in no case later than 6 hours from the date of reporting. In case, the
hardware cannot be repaired within the stipulated period, the Bidder should provide
replacement of the same till the same is returned duly repaired.
43. PATENTS RIGHTS
43.1
43.2
43.3
43.4
43.5
The supplier shall indemnify the purchaser against all third party claims of
infringement of patent, trademark or industrial design rights arising from use
of the Goods, or any part thereof in India.
The supplier shall, at their own expense, defend and indemnify the Bank
against all third party claims or infringement of intellectual Property Right,
including Patent, trademark, copyright, trade secret or industrial design rights
arising from use of the products or any part thereof in India or abroad.
The supplier shall expeditiously extinguish any such claims and shall have full
rights to defend it there from. If the Bank is required to pay compensation to a
third party resulting from such infringement, the supplier shall be fully
responsible for, including all expenses and court and legal fees.
The Bank will give notice to the Supplier of any such claim without delay,
provide reasonable assistance to the Supplier in disposing of the claim, and
shall at no time admit to any liability for or express any intent to settle the
claim.
The Supplier shall grant to the bank a fully paid-up, irrevocable, non-exclusive
license throughout the territory of India or abroad to access, replicate and use
software (and other software items) provided by the supplier, including-all
inventions, designs and marks embodied therein in perpetuity.
44. FORCE MAJEURE
Notwithstanding the above provisions, the Successful bidder shall not be liable for
penalty 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. For purposes of this clause, "Force Majeure" means an event beyond the
control of the Bidder and not involving the Bidder's fault or negligence and not
foreseeable. Such events may include, but are not restricted to, wars or revolutions and
epidemics. If a Force Majeure situation arises, the Bidder shall promptly notify the Bank
in writing of such condition and the cause thereof. Unless otherwise directed by the Bank
in writing, the Bidder shall continue to perform its obligations under the Contract as far
Page 20 of 55
as is reasonably practical, and shall seek all reasonable alternative means of performance
not prevented by the Force Majeure event.
45. OTHER TERMS AND CONDITIONS:
45.1
45.2
45.3
Undertaking that all material to be supplied including the Operating System (If
purchased by the Bank) is original and Brand New and if required, proof of
purchase can be produced. This undertaking is to be signed by a Director or
Head of Marketing of the Company.
All the details pertaining to this procurement will be displayed on our website
after the placement of the purchase order on the selected Bidder.
Clarifications needed on any of the points mentioned in the RFP, if any, may
be sought from the Bank as per the timelines specified in Bid details and after
which no request will be entertained / replied.
46. INSURANCE:
The insurance to be taken by Bidder shall be for an amount equal to 110% of the CIF value
of the goods delivered at the respective sites covering all risks (including fire, burglary,
SRCC, natural calamities such as earth quake, flood etc) for a period of 3 months from
the date of delivery.
47. GOVERNING LAWS AND DISPUTES:
47.1
47.2
All disputes or differences whatsoever arising between the parties out of or in
relation to the construction, meaning and operation or effect of these Tender
Documents or breach thereof shall be settled amicably. If however the parties
are not able to solve them amicably, the same shall be settled by arbitration
in accordance with the provisions of Arbitration and Conciliation Act 1996 or
any statutory modifications or re-enactments thereof and the rules made there
under and for the time being in force, shall apply to the arbitration
proceedings. The arbitrator shall be appointed with the mutual consent of
both the parties. Any appeal will be subject to the exclusive jurisdiction of the
courts in Mumbai.
During the arbitration proceedings the Bidder shall continue to work under the
Contract unless otherwise directed in writing by the bank or unless the matter
is such that the work cannot possibly be continued until the decision of the
arbitrator or the umpire, as the case may be, is obtained. The venue of the
arbitration shall be Mumbai.
48. ASSIGNMENT
The supplier shall not assign, in whole or in part, its obligations to perform under the
contract, except with the Purchaser’s prior written consent.
49. RFP OWNERSHIP
The RFP and all supporting documentation are the sole property of Union Bank and should
NOT be redistributed without prior written consent of Union Bank. Violation of this would
be a breach of trust and may, inter-alia cause the bidders to be irrevocably disqualified.
The aforementioned material must be returned to Union Bank when submitting the
proposal, or upon request; however, bidders can retain one copy for reference.
Page 21 of 55
50. PROPOSAL OWNERSHIP
The proposal and all supporting documentation submitted by the bidders shall become
the property of Union Bank unless the Bank agrees to the bidders’ specific requests, in
writing, the proposal and documentation to be returned or destroyed.
51. TENDER/RFP CANCELLATION
The Bank reserves the right to cancel the Tender/RFP at any time without assigning any
reasons whatsoever.
52. INDEMNITY
52.1
The Bidder shall, at its own expense, defend and indemnify the Bank against
all third party claims for infringement of patent, trademark, design or
copyright arising from use of proposed product/products or any part thereof.
Bidder will provide infringement remedies and indemnities for third party
Products, on a pass through basis. If the Bank is required to pay compensation
to a third party resulting from such infringement, the Bidder shall be fully
responsible to pay such compensation along with all costs, damages and
attorney's fees and other expenses that a court may finally award, in the event
of the matter being adjudicated by a court or that be included in a Bidder
approved settlement. The Bank will issue notice to the Bidder of any such
claim without delay and provide reasonable assistance to the Bidder in
disposal of such claim, and shall at no time admit to any liability for, or
express any intent, to settle the claim. The Bidder shall also reimburse all
incidental costs, which the Bank may incur in this regard.
52.2
If such a claim is made or appears likely to be made, the Bank agrees to
permit Bidder to enable the Bank to continue to use the Product, or to modify
it, provided no order otherwise has been passed by a court or replace it with
one that is at least functionally equivalent. If Bidder determines that none of
these alternatives is reasonably available, the Bank agrees to return the
Product to Bidder on its written request, upon which the Bidder will then give
the Bank a credit equal to:
a. For equipment, its invoice value as paid by the Bank to the Bidder;
52.3
b. For Materials, the amount the Bank paid to the bidder for the creation of
the Materials. This Section stipulates Bidder’s entire obligation to the Bank
regarding any claim of infringement.
Bidder has no obligation regarding any such claim based on:
a. Anything the Bank provides which is incorporated into a Product or Bidder’s
Compliance with any designs, specifications, or instructions provided by
the Bank or by a third party on the Bank’s behalf.
b. Bank’s modification of a Product’s use in other than its Specified Operating
Environment;
c. The combination, operation, or use of a Product with other products not
provided by Bidder as a system, or the combination, operation or use of a
Product with any product, data, apparatus, or business method that Bidder
did not provide, or the distribution, operation or use of a Product for the
benefit of a third party outside the Bank.
Page 22 of 55
52.4
The Bidder shall also indemnify the Bank against all losses, damages, claims,
counter claims, suits, penalties and costs which the Bank may face on account
of
a. Bodily injury (including death) and damage to real property and tangible
personal property caused by Bidder’s negligence on the part of the
Bidder’s employees, agents or representatives.
b. Any claim or proceeding brought by a third party against the Bank as a
consequence of the above
c. any claim made upon and any action taken against the Bank by any
statutory authority or Court on account of the Bidder’s failure to comply
with any laws, orders and regulations applicable to the performance by
Bidder of its obligations under this Agreement.
52.5
In the event of the Bidder not fulfilling its obligations under this Section within
the period specified in the notice issued by the Bank, Bank has the right to
recover the amounts due to it under this provision from any amount payable to
the Bidder under this Agreement for AMC/Facility Management/ Support
Services etc.
52.6
Bidder shall be liable for any breach or any non-performance by the Bidder of
any of its undertakings, warranties, covenants, representations or obligations
under this Agreement, subject to the provisions of Limitation of Liability.
53. PUBLICITY
Any publicity by the Service Provider in which the name of the Bank is to be used, will be
done only with the explicit written permission of the Bank.
54. LIMITATION OF LIABILITY
Bidder’s aggregate liability under the contract shall be limited to a maximum of the
Contract value. This limit shall not apply to third party claims for
54.1
IP infringement indemnity;
54.2
Bodily injury (including death) and damage to real property and tangible
personal property caused by bidder’s gross negligence. For the purpose of this
section, Contract value at any given point of time, means the aggregate value
of the purchase orders placed by Bank on the bidder that gave rise to claim,
under this tender. Bidder shall not be liable for any indirect, consequential,
incidental or special damages under the agreement/ purchase order.
55. USE OF CONTRACT DOCUMENTS AND INFORMATION
The supplier shall not, without the Bank‘s prior written consent, make use of any
document or information provided by Purchaser in Bid document or otherwise except for
purposes of performing contract.
56. ASSIGNMENT
The supplier shall not assign, in whole or in part, its obligations to perform under the
contract, except with the Purchaser‘s prior written consent.
Page 23 of 55
57. CONTRACT BETWEEN BANK AND SHORTLISTED BIDDER
The shortlist bidder shall be required to execute Agreement cum SLA (Service Level
Agreement) and NDA (Non-Disclosure Agreement) with the Bank.
Page 24 of 55
58. SUBMISSION OF BIDS
The bidders shall duly seal the each envelope. The bid should be addressed to purchaser
at the following address:The Asst. General Manager
Union Bank of India, 5th Floor
Department of Information Technology,
Technology Centre, Adi Shankaracharya Marg,
Opp: Powai Lake, Powai, Mumbai – 400072.
Page 25 of 55
59. ANNEXURE I : PRE-QUALIFICATION CRITERIA
Sl
No.
1.
2
3.
4.
5.
Pre-Qualification
(ELIGIBILITY COMPLIANCE)
The bidder should be either Original
Equipment
Manufacturer
(OEM)
of
Branded HSM or one of their authorized
representatives in India. In case of
authorized representative, a letter of
authorization to this effect from OEM
must be furnished. The authorization
letter should mention that if authorized
representative fails to meet the
obligation for items supplied and / or to
be supplied under this tender, then OEM
would be responsible for all obligations
for their items.
The bidder should be a company
registered in India as per Company Act
1956. The bidder should have experience
of minimum 3 years in supplying and
providing maintenance services for HSM
or servers in India.
The bidder/OEM should be having/
establish
support
offices/
Support
Centers/
Support
Locations
with
necessary support infrastructure for
maintenance of HSM at bank‘s DC Site,
Mumbai and DR site Bengaluru.
The bidder should have supplied HSM /
servers during the last three accounting
years
(2013-14, 2014-15 and 2015-16)
to banks/ Financial Institutes/ BFSI with
interface to Base24 ATM Switch running
on HP NonStop server.The new HSM will
connected back to back for high
availability and load balancing and
compatible with Thales Payshield 9000
model.
Bidder should have minimum annual
turnover of Rs. 5 crores during the last
three financial years (2013-14, 2014-2015
& 2015-16 or calendar years 2014, 2015,
2016 or bidder’s financial years).
Compliance
(Yes/No)
Supporting
Required
document
Attach
OEM
Authorisation
letter
addressed
to
the
Bank.
Attach
Copy
of
Certificate
of
incorporation and also
a proof of providing
maintenance services
for HSM / servers in
India of on or before
November 2013.
Attach
Copy
address proof
of
Attach
copies
Purchase orders.
of
Attach annual audited
balance sheet for last
three financial years.
Page 26 of 55
The bidder should have net profit (Profit
after tax) during last three financial
years.
Audited
Balance
sheet or
Profit/Loss statement of the firm to be
provided of last three financial years i.e.
2013-14, 2014-2015 & 2015-2016.
Attach annual audited
balance sheet for last
three financial years
7.
Bidders to quote for HSM of only one OEM
(at DC & DR site).
8.
The bidder should not have been black
listed by any of Government Authority or
Public Sector Undertaking (PSUs). In case,
in the past, the name of their Company
was black listed by any of the Govt.
Authority or PSUs, the name of the
company or organization must have been
removed from the black list as on date of
submission of the tender, otherwise the
bid will not be considered.
Undertaking
on
Company’s letterhead
in this regard to be
submitted
by
the
bidder
6.
9.
10.
Bidders, who have not satisfactorily
completed any of the earlier contracts
with the Bank and/or who have been
debarred by the Bank from participating
in future tenders, will not be eligible for
this tender. Bidder to submit an
undertaking in this regard.
Proposed HSM should adheres to latest
PCI DSS standard for ATM and Base24 ATM
Switch hosted on HP Integrity NS2400
server and higher versions.
Undertaking
on
Company’s letterhead
in this regard to be
submitted
by
the
bidder
Undertaking
on
Company’s letterhead
in this regard to be
submitted
by
the
bidder
Undertaking
on
Company’s letterhead
in this regard to be
submitted
by
the
bidder
Signature
Authorised Signatory
Seal of company
Page 27 of 55
1. ANNEXURE II : ACCEPTANCE OF SCOPE OF WORK
Sl
No.
1
2
3
4
5
6
Scope of Work
As per PCI DSS Standards, HSM is
required for encryption & decryption
the card & PIN details to enable Debit
card Transactions. The HSM module
should
comply
latest
security
standards of PCI DSS.
Compliance
(Yes/No)
Remarks
The main purpose of HSM will be key
generation. If deployed HSM is faulty/
malfunctions, it would be the
responsibility of the vendor to get it
repaired or replaced at the earliest
(Max. within 1 day), thereafter
HSM/PINPAD needs to reach the Bank
secured area to reject the existing
unique keys or inject new keys.
Bidders may be called to perform
demonstration of solution at Technical
evaluation stage. The HSM should be
compatible with the present setup &
existing HSM module (Thales payShield
9000 model).
The scope of work shall broadly cover
end to end supply, installation and
implementation of the HSMs solution
at both
DC & DR sites of Union Bank of India.
The newly procured HSM shall be
connected in fallback mechanism with
Bank’s existing HSM (Thales payShield
9000 model) back to back at DC and
DR sites. It is the responsibility of the
selected bidder to connect the new
HSM in fallback with existing one
without disturbing the current setup
at DC and DR sites.
The details of scope are given in the
Technical Specifications-Annexure-III.
Page 28 of 55
2. ANNEXURE III : HARDWARE SPECIFICATIONS FOR HSM:
Proposed
Technical Specifications
Aspects
General Aspects
 The proposed HSM should have dual
connectivity support.
 The proposed HSM must be FIPS 198 -1
Certified.
 Capable of translating 220TPS PIN triple DES
Pin block Per second
 It should support multi-threading so as
maximum performance can be achieved.
 It should support following Crypto Graphic
Standard: DES and Triple DES Algorithms –
Provide PIN encryption, PIN Authorization
and message authentication capabilities.
 Support latest EMV standards & all
International Card Schemes
 Capable to support DES and 3DES KEY lengths
112 bit,168 bit or higher
 Hardware certified to PCI HSM Standard
 Firmware certified to PCI HSM Standard
 The relevant security settings in the
firmware should have PCI compliant values
 The firmware & the hardware revisions must
be covered by same certificate
 The HSM should have the Minimum Uptime of
99.99%
 Shipment of the HSM should be compliant as
per PCI HSM requirement
 Financial Services Standards Supported: ISO:
9564, 9654,10118, 11568, 13491, 16609
 ANSI: X3.92, X9.8, X9.9, X9.17, X9.19, X9.24,
X9.31, X9.52, X9.97, X9 TR-31, X9 TG-3/TR39, APACS 40 & 70, AS2805 Pt 14 ISO: 9564,
10118, 11568, 13491 and 16609 , IBM 3624
Compliance(Yes
/No)
Card Payment Support:
 MasterCard / Visa / Rupay / Amex / Discover
Cryptographic and management functions
 EMV 3.x and 4.x transactions processing and
messaging (including PIN change).
 It should support the PIN range from 4 to 11
digit.
 ARQC and ARPC.
Management facilities:
 Graphical user interface (GUI) option for
standard PC hardware over Ethernet-Local
Page 29 of 55


HSM Manager.
Console interface for "dumb" terminal - SNMP
Utilization statistics
- Health check
diagnostic and error logs.
Key Managements:
 Multiple Local Master Keys (LMKs) for secure
storage and distribution of keys providing
comprehensive separation of key types,
applications or customer data as required
 Known test LMK for use in non-production
environments
 Key Block support (superset of ANSI X9.24),
 DUKPT (DES and Triple-DES)
 Master/Session Key.
 It should have Key Management for Dynamic
(master/slave) and constant key DES.
 Dynamic generation of terminal session key
must be available.
 The system should offer remote key
download
functionality
with
requisite
security
features
such
as
password/encryption etc.
Security Certification:
 Cryptographic module certified to FIPS: 1402 Level 3, 46, 81, 180-3, 186-3, 198
 APCA
 MEPS
 NIST SP800-20, SP800-90(A)
 Tamper Resistance designed to exceed
requirements of FIPS 140-2
 HSM overall at FIPS 140 – 2 level 3.
 PCI HSM Certified
 FIPS approved algorithms
Security features:
 Two factor authentication of operators using
smart cards
 Dual physical locks or smart cards control
authorization levels.
 Tamper resistance exceeding requirements
of PCI HSM & FIPS 140-2 Level 3
 Detection of cover removal in addition to
Alarm triggers for motion, voltage and
temperature
 Multiple alarm triggers for motion, voltage
and temperature
 Device “hardening” – ability to disable
functions not required by the host
Page 30 of 55

application
Audit trails
Key Features:
 Compatibility with Base24 ATM switch hosted
on HP Nonstop NS24000 servers connected to
HSM Thales Payshield 9000
 Supports 168 Bit 3DES LMK
 DUKPT
 Tamper Resistant Device for securing
transactions in ATM/POS network
 Support for Master/VISA/Rupay contactless
transactions.
 MACing of Issuer Discretionary Data.
 Reporting of Authorization State identifies
whether commands are Host, Console, or All
 Secure Key Storage and Generation.
 Magnetic stripe transaction processing
 Chip Based Transaction Processing
 Dynamic Card variation value for Contactless
Cards
 HSM Manager Health Check data for fans and
PSU status
 Reduced Key check value: 6 HEX
 Multi authorization states
 Encrypted decimalization table
 Secure Host communication using TLS or SSL
 PIN never appears in the clear outside of a
tamper resistant security module as per PCI
PIN security requirements
 Sensitive
functions/information
are
protected as per PCI HSM
 Card verification (CVV/CVV2, ICVV, CSC,
CVC/CVC2/CVC3)
 ISO
PIN
block
formats:
01,02,03,04,05,34,35,41,42,47
 Enhanced Audit Log Facility & Error logs
 Health checkup and utilization statistics
 Variable PIN Offset for Multiple PIN length
 HSM settings storage & retrieval using smart
card
 Diagnostic commands support such as PING,
TRACERT & NETSTAT for monitoring Ethernet
connections
Page 31 of 55
3. ANNEXURE IV : ACCEPTANCE OF TERMS AND CONDITIONS
To
(LETTER TO THE BANK ON THE VENDOR’S LETTERHEAD)
The Asst. General Manager,
Union Bank of India,
5th floor
Department of Information Technology,
Adi Shankaracharya Marg,
Powai, Andheri (East),
Mumbai 400072.
Sirs,
Sub: Your RFP for Procurement of Two Host Security Modules(HSM) devices for Base24
ATM Switch installed on HPNS2400 server at DC & DR against buyback of 4 old HSMs (as is
where is basis).
With reference to the above RFP, having examined and understood the instructions, terms
and conditions forming part of the RFP, we hereby enclose our offer for the supply of the
hardware/software as detailed in your above referred RFP.
We further confirm that the offer is in conformity with the terms and conditions as
mentioned in the RFP and all required information as per Annexure and also photocopy of
unpriced commercial bid is enclosed.
We also confirm that the offer shall remain valid for 180 days from the date of the offer.
We hereby undertake that the hardware/software to be delivered to the Bank will be brand
new including all components and that software is licensed and legally obtained.
We understand that the Bank is not bound to accept the offer either in part or in full and
that the Bank has right to reject the offer in full or in part without assigning any reasons
whatsoever.
Dated at ____________this _______________day of __________20__
Yours faithfully,
Signatory
Authorised Signatory
Seal of company
Page 32 of 55
4. ANNEXURE V : UNDERTAKING
(LETTER OF UNDERTAKING ON COMPANY LETTER HEAD)
To
The Asst. General Manager,
Department of Information Technology,
Adi Shankaracharya Marg,
Powai, Andheri (East),
Mumbai 400072.
Sir,
Sub: Your RFP for Procurement of Two Host Security Modules(HSM) devices for Base24
ATM Switch installed of HP NS2400 server at DC & DR against buyback of 4 old HSMs (as is
where is basis).
We submit our Bid Document herewith.
We understand that






You are not bound to accept the lowest or any bid received by you, and you may reject
all or any bid.
If our Bid for the above job is accepted, we undertake to enter into and execute at our
cost, when called upon by the Bank to do so, a contract in the prescribed form. Until a
formal contract is prepared and executed, this bid together with your written acceptance
thereof shall constitute a binding contract between us.
You may accept or entrust the entire work to one vendor or divide the work to more than
one vendor without assigning any reason or giving any explanation whatsoever.
If our bid is accepted, we are to be jointly and severally responsible for the due
performance of the contract.
Vendor means the bidder who is decided and declared so after examination of
commercial bids through process of reverse auction.
The names of shortlisted bidders after the completion of first stage (Technical Bid), and
the name of successful bidder to whom the contract is finally awarded after the
completion of second stage (Commercial Bid), shall be displayed on the Notice Board of
the Bank at Union Bank of India, Technology Centre, Department of Information
Technology, Adi Shankaracharya Marg, Powai, Andheri (East), Mumbai 400072.
Dated at ____________this _______________day of __________20__
Yours faithfully,
Name:
Signature:
Page 33 of 55
Seal of company:
5. ANNEXURE VI : BIDDERS INFORMATION
Name
___________________________________________
Constitution
___________________________________________
Address
___________________________________________
Names & Addresses of the Partners if applicable
___________________________________________
Contact Person(s)
______________________________________
Telephone, Fax, e-mail _________________________________
Number of years of experience in Server/storage business _________
Please give brief financial particulars of your firm for the last 3 years along with the volume
of business handled.
(The information will be kept confidential)
Year
Net Profit
Financial year 2013-14
Financial year 2014-15
Financial year 2015-16
Total Turnover
Is company ISO Certified? If yes, provide information along with true copy of certificate.
________________________________________________________________________________
Signature:
Name
Date
Seal of company:
Page 34 of 55
6. ANNEXURE VII : BANK GUARANTEE
FORMAT OF BANK GUARANTEE FOR RELEASE OF 10% VALUE OF PO BANK GUARANTEE
To
Union Bank of India,
Department of Information Technology,
1/1A, Adi Shankaracharya Marg, JVLR,
Opp. Powai Lake( Andheri East),
Powai (Andheri East),
Mumbai 400072.
In consideration of your placing an order for purchase of certain computer hardware on
M/s.-------------------------- (hereinafter called the Bidder) as per the purchase contract
entered into by the Bidder vide purchase contract No.-------------- dt.-------(hereinafter called the said contract), We, ---------------------------------------------- (name
and address of the Bank and the branch) do hereby irrevocably and unconditionally
guarantee the due performance
of the Bidder as to the maintenance of the computer
hardware and systems as per the said contract entered into by the Bidder with you.
If the said Bidder fails to maintain the system or any part thereof as per the contract and
on or before the schedule dates mentioned therein, we ---------------Bank do hereby
unconditionally and irrevocably agree to pay the amounts due and payable under
this guarantee without demur and merely on demand in writing from you, stating that
the amount claimed is due by way of failure on the part of the Bidder or loss or damage
caused suffered to / or would be caused to / suffered by you for reason of any breach by
the said Bidder of any of the terms and conditions of the said contract or by reason of
Bidder's failure to perform the said contract, in part or in full. Any such demand made on
us shall be conclusive as regards the amount due and payable under this guarantee.
However our liability under this guarantee shall be restricted to an amount not
exceeding Rs.---------- (Rupees ---------------- only). You are entitled to invoke this
guarantee either in full or in parts subject to the maximum limit of Rs. -------------- within
the validity period of this guarantee.
We --------------------Bank further agree that this guarantee herein contained shall remain in
force and effect during the period that would be taken for the performance of the said
contract and that it shall continue to be enforceable till all your dues under or by virtue
of the said contract have been fully settled and discharged. This guarantee shall
continue to be valid till you certify that the Bidder has fully performed all the terms and
conditions of the said contract and accordingly discharge this guarantee. Unless a claim
or demand is made on us in writing under this guarantee on or before ----------, we shall be
discharged from all our obligations under this guarantee. If you extend the schedule
dates of performance under the said contract, as per the terms of the said contract, the
Bidder shall get the validity period of this guarantee extended suitably and we agree to
extend the guarantee accordingly on your request.
Page 35 of 55
Failure on our part or the Bidder in this respect shall be treated as a breach committed by
the Bidder and accordingly the amount under this guarantee shall at once become payable
on the date of receipt of demand made by you for payment or extension of the validity
period.
You will have fullest liberty without affecting this guarantee to postpone for any time
or from time to time any of your rights or powers against the Bidder and either to
enforce or forebear to enforce any or all of the terms and conditions of the said contract.
We shall not be released from our liability under this guarantee by the exercise of your
liberty with reference to matters aforesaid or by reason of any time being given to the
Bidder or any other forbearance act or omission on your part or any indulgence by you to
the Bidder or by any variation or modification of the said contract or any other act, matter
or thing whatsoever which under the Law relating to sureties would but for the
provisions hereof have the effect of so releasing us from our liability here under.
In order to give full effect to the guarantee herein contained you shall be entitled to
act as if we are your principal debtors in respect of all your claims against the Bidder
hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of
surety ship and other rights if any which are in any way inconsistent with the above or any
other provision of this guarantee.
The words the Bidder, the beneficiary of this guarantee i.e yourself, and ourselves i.e.-------------- Bank
unless repugnant to the context or otherwise shall include their
assigns, successors, agents, legal representatives etc. This guarantee shall not be effected
by any change in the constitution of any of these parties and will ensure for and be
available to and enforceable by any absorbing or amalgamating or reconstituted
company or concern, in the event of your undergoing any such absorption, amalgamation or
reconstitution.
This guarantee shall not be revocable during its currency except with your previous consent
in writing.
Notwithstanding anything contained hereinabove, our liability under this guarantee is
restricted to a sum of Rs.----------(Rs.------- only), and shall be valid upto --------Unless a demand or claim to enforce this guarantee is made on us in writing within three
months of the said validity period i.e on or before ------------, we shall be discharged and
relieved from all our liabilities here under. However if this guarantee is extended for
any further period the validity period and the action period of three months mentioned
herein above gets automatically extended accordingly.
Yours faithfully,
Signature:
Name
Date
Seal of company:
Page 36 of 55
7. ANNEXURE VIII : REVERSE AUCTION RULES
BUSINESS RULES FOR REVERSE AUCTION
1.
APPLICABILITY:
1.1.
1.2.
1.3.
Reverse Auctions are carried out under the framework of rules that are called
Business Rules.
All vendors participating in Reverse Auction shall understand/accept and give
an undertaking for compliance with the same to the Bank in the prescribed
format Exhibit-A.
Any vendor not willing to submit such an undertaking shall be disqualified for
further participation respecting the procurement in question.
2.
ELIGIBILITY:
3.
COMPLIANCE/CONFIRMATION FROM VENDORS:
2.1.
3.1
Only vendors who are technically qualified and who submit the prescribed
undertaking to the Bank alone can participate in Reverse Auction relevant to
the procurement for which RFP is floated.
The vendors participating in Reverse Auction shall submit the following duly
signed by the same Competent Authority who signs the offer documents in
response to the RFP:
3.1.1 Acceptance of Business Rules for Reverse Auction and undertaking as
per format in Exhibit-A.
3.1.2 Agreement between service provider and vendor. (This format will be
given by the service provider prior to announcement of Reverse
Auction.)
4.
3.1.3 Letter of authority authorising the name/s of official/s to take part in
Reverse Auction as per format in Exhibit-B.
TRAINING:
4.1
4.2
4.3
5.
The Bank will facilitate training for participation in Reverse Auction either on
its own or through the service provider for the Reverse Auction.
Where necessary, the Bank/service provider may also conduct a ‘mock reverse
auction’ to familiarize the vendors with Reverse Auction process.
Any vendor/bidder not participating in training and/or ‘mock reverse auction’
shall do so at his own risk and it shall not be open for him to make any
complaint/grievance later.
TOTAL COST OF OWNERSHIP (TCO):
5.1
5.2
TCO refers to the aggregate amounts payable by the Bank for transfer of
ownership.
TCO shall encompass but not be limited to the following:
5.2.1 Cost of the equipment/product or services.
5.2.2 License fee (Corporate or user specific as defined in RFP) including
OS/Data Base/Application licenses).
5.2.3 All existing taxes (including sales tax/VAT, service tax etc.), duties and
levies.
5.2.4 Installation and commissioning charges, if any.
Page 37 of 55
5.2.5 The prices should include the comprehensive onsite warranty
maintenance of the equipments covering all components, services, and
visits to the concerned offices as specified in the RFP.
5.2.6 Annual Maintenance Charges for the period as specified in the RFP.
5.2.7 Transportation and Forwarding charges to respective sites.
5.2.8 Training costs for the product/service/equipment if and as defined in
RFP.
5.2.9 Service Level Agreement (SLA) costs as defined in RFP for applicable
period.
5.2.10 Facility Management/infrastructure support costs as defined in RFP.
5.3
5.4
6.
6.1
6.3
7.1
The Venue, Date, Time etc. for training in Reverse Auction shall be advised at
the appropriate time.
The Bank shall endeavour to fix such Date/Time at mutual convenience to the
vendor/s, service provider and the Bank.
No request for postponement/fixing of Training Date/Time shall be
entertained which in the sole view and discretion of the Bank might result in
any avoidable delay to either the Reverse Auction or the whole process of
selection of vendor.
The Date and Time of commencement of Reverse Auction as also Duration of
‘Reverse Auction Time’ shall be communicated at least 7 working Days prior to
such auction Date.
Any force majeure or other condition leading to postponement of auction shall
entitle the Bank to postponement of auction even after communication, but,
the Bank shall be obliged to communicate to all participating vendors the
‘postponement’ prior to commencement of such ‘Reverse Auction’.
CONDUCT OF REVERSE AUCTION:
8.1
8.2
9.
TCO, however, shall not include variables of octroi and entry tax. These shall
be paid as per actual and on production of receipts. However, no penalties
respecting octroi or entry tax shall be paid by the Bank and the vendor shall
bear such expenses.
DATE/TIME OF REVERSE AUCTION:
7.2
8.
The TCO shall be arrived at after deducting ‘buy back’ costs involved and if/as
defined in the RFP.
DATE/TIME FOR TRAINING:
6.2
7.
5.2.11 Insurance to cover the equipment for and from transit period till
installation.
The Reverse Auction shall be conducted on a specific web portal meant for this
purpose.
The Reverse Auction may be conducted by the Bank itself or through a service
provider specifically identified/appointed/empanelled by the Bank.
SERVICE PROVIDER’S ROLE & RESPONSIBILITIES:
9.1
9.2
In all Reverse Auctions conducted by the Bank through a Service Provider, the
Bank shall enter into a separate agreement clearly detailing the role and
responsibilities of the service provider hosting the web portal for the Reverse
Auction.
For creating necessary obligations and rights, the service provider will also
enter into an agreement with each vendor as per a format designed by him for
Page 38 of 55
9.3
9.4
9.5
10.
While a Service Level Agreement (SLA) by the bank with the service provider is
an arrangement for smooth and fair conduct of the Reverse Auction, the Bank
shall be directly responsible to vendors for fair and transparent conduct of
Reverse Auction.
The service provider at the end of each Reverse Auction shall provide the bank
with all details of the bids and reports of reverse auction.
The service provider shall also archive the data pertaining to the Reverse
Auction for a minimum period of 3 years.
TRAINING AND AUCTION:
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
11.
this purpose. The Bank shall resolve any points/issues concerning such
agreement of vendor and service provider.
Service provider / auctioneer is responsible for conduct of adequate training
to all technically qualified bidders representing the reverse auction and
bidding process.
Each vendor / bidder shall participate in the training at his / their own cost.
Wherever it is considered necessary and asked by the bidders or as decided by
the auctioneer or by Bank a mock auction may also be conducted for the
benefit of all concerned.
Authorised representatives of the bidders named in the authorization letter
given by the vendor (Exhibit-B) shall be given unique user name, password by
the service provider / auctioneer.
Each bidder shall change the password and edit the information in the
registration page after receipt of initial password.
All the bids made from the login ID given to bidder shall ipso-facto be
considered bid made by the vendor / bidder to whom login ID and password
were assigned by the service provider / auctioneer.
Any bid once made through registered login ID / password by the vendor /
bidder cannot be cancelled. The bidder, in other words, is bound to sell the
“Offering” as per the RFP at the bid price of TCO.
Every successive bid by the bidder / vendor being decremental bidding shall
replace the earlier bid automatically and the final bid as per the time and login ID shall prevail over the earlier bids.
The Bank shall conduct the reverse auction as per the Standard English reverse
auction, that is, no two bids can have identical price from two different
vendors. In other words, there shall never be a “Tie” in bids.
PROXY BID:
11.1
11.2
11.3
11.4
A proxy bid is one where vendor can submit the lowest bid amount by him in
strict confidence to the system directly. This obviates the need for him
participating in the bidding process until the proxy bid amount is
decrementally reached by other bidders.
When proxy bid amount is reached, the vendor has an option to revise the
proxy bid amount or he can prefer to start participating in bidding process.
Since it is an English auction with no ties, two vendors submitting identical
proxy bid amount and succeeding in auction simultaneously does not arise.
During training, the issue of proxy bidding will be clarified in detail by the
service provider.
Page 39 of 55
12.
TRANSPARENCY IN BIDS:
13.
MASKING OF NAMES:
14.
15.
12.1
13.1
START PRICE:
14.1
Bank shall determine the start price either on its own or through asking for
information of price band on TCO from each vendor at appropriate time during
or at the conclusion of technical evaluation. Based on the price band so
informed by vendors, Bank would determine the start price for reverse
auction.
DECREMENTAL BID VALUE:
15.1
15.3
The vendors shall be able to bid only at a specified decrement value and not
at any other fractions. The Bid decrement value shall be ` 7500/- or 0.25% of
the Start price of the Reverse Auction, whichever is higher.
The bid decrement value shall be rounded off to the nearest thousands of
rupees.
For the sake of convenience of vendors, the web portal shall display the next
possible decremental value of bid. It is not, however, obligatory on the part of
vendors to bid at the next immediate lower level only. (That is, bids can be
even at 2 or 3 lower levels than the immediate lower level.)
COPY OF BUSINESS RULES:
16.1
16.2
16.3
17.
Names of bidders/ vendors shall be anonymously masked in the Reverse
Auction process and vendors will be given suitable dummy names.
13.2 After completion of Reverse Auction, the service provider / auctioneer shall
submit a report to the Bank with all details of bid and the original names of the
bidders as also the L1 bidder with his / their original names.
15.2
16.
All bidders will be able to view during the auction time the current lowest
price in portal. Bidder shall be able to view not only the lowest bid but also
the last bid made by him at any point of time during the auction time.
The Bank shall supply copy of the Business rules to any vendors / bidders,
wishing to participate in the reverse auction. Such request shall be made in
writing to the Bank by an authorized representative of the vendor.
The Bank shall also handover a copy of the Business Rules with a covering
letter duly signed by an authorized signatory of the Bank.
For any dispute concerning the Business Rules, the hard copy of Business Rules
supplied by the Bank for the reference of reverse auction process will alone be
considered final and bidding.
SPLITTING OF ORDERS:
17.1
17.2
17.3
17.4
If any RFP specifically authorizes splitting of orders for the sake of reducing
dependency on single source of supply or provision of service, Bank is entitled
to split the order in the order and as provided in RFP.
While splitting the order, Bank shall specify the maximum quantum for L1, L2
etc. in RFP.
In case L2 vendor is not willing to supply at L1 price, Bank shall call L3, L4 etc.
in order to arrive at the split quantum to be awarded.
The Bank shall also be entitled to award the contract to L2, L3 or L4 etc.
bidders in the event of L1 bidder backing out to honour the commitment, or
for that matter not in a position to supply the offering as per RFP.
Page 40 of 55
18.
REVERSE AUCTION PROCESS:
18.1
18.2
18.3
19.
20.
19.1
19.2
The successful vendor shall be obliged to provide a Bill of Material at the last
bid price at the close of auction.
All expenses of reverse auction shall be borne by the Bank.
Vendors, however, shall attend the training or mock auction at their own cost.
CHANGES IN BUSINESS RULES:
20.1
20.3
Any change in Business Rules as may become emergent and based on the
experience gained shall be made only by a Committee of senior / top
executives of the Bank.
Any / all changes made in Business Rules shall be uploaded in the Website
immediately.
If any reverse auction process has commenced and a change is made in
Business Rules, it shall be informed immediately to each vendor/ bidder and
his concurrence to / acceptance of the change shall be obtained in writing by
the Bank.
DON’TS APPLICABLE TO THE BIDDER/VENDOR:
21.1
21.2
21.3
22.
The Bank shall however, be entitled to cancel the procurement of Reverse
Auction process, if in its view procurement or reverse auction process cannot
be conducted in a fair manner and / or in the interest of the Bank.
EXPENDITURE ON REVERSE AUCTION:
20.2
21.
In order to reduce the time involved in the procurement process, Bank shall be
entitled to complete the entire procurement process through a single Reverse
Auction. For this purpose, Bank shall do all it can to award the contract to L1
bidder or in the circumstances where awarding of contract may have to be
done to the L2, L3 bidder as provided for in the RFP.
No vendor shall involve himself / itself or any of his / its representative in any
price manipulation directly or indirectly with other bidders. If any such
practice comes to the notice, Bank shall disqualify the vendor / bidders
concerned from the reverse auction process.
Bidder shall not disclose details of his bids or any other details concerning
Reverse Auction process of the Bank to any other third party without specific
permission in writing from the Bank.
Neither Bank nor service provider / auctioneer can be held responsible for
consequential damages such as no power supply, system problem, inability to
use the system, loss of electronic information, power interruptions, UPS
failure, etc. (Bank shall, however, entertain any such issues of interruptions,
problems with open mind and fair degree of transparency in the process before
deciding to stop or extend the auction.)
GRIEVANCES REDRESSAL:
22.1
22.2
Any aggrieved vendor / bidder through Reverse Auction process can make
complaint in writing within 48 hours of the Reverse Auction to the Chief
Compliance Officer of the Bank.
The Chief Compliance Officer along with the Chief Law Officer of the bank and
Chief of Audit Dept. shall give personal hearing to the aggrieved bidder /
vendor and decide upon the complaint / grievance.
Page 41 of 55
22.3
23.
Decision of the Grievance Redressal Committee shall be binding on the Bank as
well as on all vendors participating in the Reverse Auction.
ERRORS AND OMISSIONS:
23.1
On any issue or area of material concern respecting Reverse Auction not
specifically dealt with in these Business Rules, the decision of the bank shall
be final and binding on all concerned.
Page 42 of 55
8. EXHIBIT A : COMPLIANCE STATEMENT
To:
COMPLIANCE STATEMENT
(TO BE SUBMITTED BY ALL VENDORS PARTICIPATING IN REVERSE AUCTION ON THEIR
LETTER HEAD)
The Asst. General Manager,
5th Floor, Union Bank of India,
Department of Information Technology,
Powai, Mumbai – 400072.
1.
2.
3.
4.
5.
6.
7.
DECLARATION
We ______________________(name of the company) hereby confirm having submitted
our bid for participating in Bank’s RFP dated _________ for procurement of
____________.
We also confirm having read the terms of RFP as well as the Business Rules relating to
the Reverse Auction for this RFP process.
We hereby undertake and agree to abide by all the terms and conditions stipulated by
Union Bank of India in the RFP document including all annexures and the Business
Rules for Reverse Auction.
We shall participate in the on-line auction conducted by _______________ Ltd.
(auction company) and submit our commercial bid. We shall also abide by the
procedures prescribed for online auction by the auction company.
We, hereby confirm that we will honour the Bids placed by us during the auction
process, failing which Bank shall forfeit the EMD. We also understand that the Bank
may debar us from participating in future tenders.
We confirm having nominated Mr/Ms ________________, designated as
______________ of our company to participate in the Reverse Auction on behalf of
the company. We undertake that the company shall be bound by the bids made by
him/her in Reverse Auction.
We undertake to submit the confirmation of last bid price by us to the auction
company/Bank within 48 working hours from the completion of event. We also
undertake to submit the Bill of Materials for the TCO (Total Cost of Ownership) in
terms of RFP.
Signature of Competent Authority with company seal ________________________________
Name of Competent Authority
__________________________________
Designation within Company / Organization
__________________________________
Name of Authorised Representative
__________________________________
Signature of Authorised Representative
__________________________________
Signature of Competent Authority
__________________________________
Company / Organization
Date
________________
Designation of Authorized Representative
Date
________________
__________________________________
__________________________________
Verified above signature
Page 43 of 55
9. EXHIBIT B : PARTICIPATION IN REVERSE AUCTION
LETTER OF AUTHORITY FOR PARTICIPATION IN REVERSE AUCTION
(TO BE SUBMITTED BY ALL VENDORS PARTICIPATING IN REVERSE AUCTION ON THEIR
LETTER HEAD)
To
The Asst. General Manager,
5th Floor, Union Bank of India,
Department of Information Technology,
Powai, Mumbai – 400072.
1.
2.
3.
4.
5.
6.
We ______________________(name of the company) have submitted our bid for
participating in Bank’s RFP dated _________ for procurement of ____________.
We also confirm having read and understood the terms of RFP as well as the Business
Rules relating to the Reverse Auction for this RFP process.
As per the terms of RFP and Business rules, we nominate Mr. ______________,
designated as ______________ of our company to participate in the Reverse Auction.
We accordingly authorize Bank and / or the auction company to issue user ID and
password to the above named official of the company.
Both Bank and the auction company shall contact the above named official for any
and all matters relating to the Reverse Auction.
We, hereby confirm that we will honour the Bids placed by Mr. __________ on behalf
of the company in the auction process, failing which Bank shall forfeit our EMD. We
agree and understand that the bank may debar us from participating in future tenders
for any such failure on our part.
Signature of Competent Authority with company seal
________________________________
Name of Competent Authority
__________________________________
Designation within Company / Organization
__________________________________
Name of Authorised Representative
__________________________________
Signature of Authorised Representative
__________________________________
Company / Organization
Date
________________
Designation of Authorized Representative
Signature of Competent Authority
Date
________________
__________________________________
__________________________________
Verified above signature
__________________________________
Page 44 of 55
10. ANNEXURE IX : BANK GUARANTEE FOR EMD
BANK GUARANTEE FOR EMD
Date:
To,
Department of Information Technology,
Union Bank of India,
1/1A , Adi Sankaracharya Marg,
Opp, Powai Lake, Powai.
Andheri East , Mumbai - 400072
Dear Sir/Madam,
In response to your invitation to respond RFP for Procurement of two Host Security
Modules(HSM) devices for Base24 ATM switch hosted on HP non stop NS2400 server at DC &
DR, M/s __________________ having their registered office at _____________ (hereinafter
called the Bidder) wish to respond to the said Request for Proposal (RFP) and submit the
proposal for the same. Whereas the Bidder has submitted the proposal in response to RFP,
we, the ____________ Bank having our head office ________________ hereby irrevocably
guarantee an amount of Rs. ………./- (Rupees ……… only) as Bid security as required to be
submitted by the Consultant as a condition for participation in the said process of RFP.
The Bid security for which this guarantee is given is liable to be enforced/ invoked:
1) If the Bidder withdraws his proposal during the period of the proposal validity; or
2) If the Bidder, having been notified of the acceptance of its proposal by the Bank during
the period of the validity of the proposal fails or refuses to enter into the contract in
accordance with the terms and conditions of the RFP or the terms and conditions mutually
agreed subsequently.
3) If the Bidder, if selected for awarding the Contract, fails to renew this Bank Guarantee as
decided by Union Bank of India. We undertake to pay immediately on demand to Union Bank
of India, the said amount of Rs. …………..- (Rupees ……….. only) without any reservation,
protest, demur, or recourse. The said guarantee is liable to be invoked/ enforced on the
happening of the contingencies as mentioned above and also in the RFP document and we
shall pay the amount on any demand made by Union Bank of India which shall be conclusive
and binding on us irrespective of any dispute or difference raised by the Bidder.
Notwithstanding anything contained herein:
1) Our liability under this Bank guarantee shall not exceed Rs. ………./- (Rupees ……… only).
2) This Bank guarantee will be valid up to 180 days and
3) We are liable to pay the guaranteed amount or any part thereof under this Bank guarantee
only upon service of a written claim or demand by you on or before ________________.
In witness whereof the Bank, through the authorized officer has sets its hand and stamp on
this _______________ day of the month of _____________ 2016 at______________________.
Signature ……………………………………
Name ………………………………………… (In Block letters)
Designation ………………………………… (Staff Code No.)……………………………..
Official address:
(Bank’s Common Seal)
Attorney as per power of Attorney No.:
Date:
WITNESS:
1……………………………………………… (Signature with Name, Designation & Address)
2……………………………………………… (Signature with Name, Designation & Address)
Page 45 of 55
11. ANNEXURE X : INTEGRITY PACT
FORMAT OF INTEGRITY PACT
This pre-bid contract agreement (hereinafter called the Integrity Pact) is made on
____________day of the month of _____________ 2016,
Between on one hand,
Union Bank of India, a body Corporate constituted under Banking Companies (Acquisition and
Transfer of Undertaking) Act, 1970 having its Head Office at 239 ,Vidhan Bhavan Marg ,
Mumbai -400021(hereinafter referred to as “The Bank or the BUYER” which expression shall
include its successors and assigns)
AND
M/s __________________________ a company registered under Companies Act 1956 (or) 2013
having its registered Office at ___________________________________________________
India, (hereinafter referred to as the BIDDER which expression shall include its successors and
assigns).
Whereas the BUYER proposes to procure ________________________ and the BIDDER is
willing to offer/has offered the stores/equipment, and
Both parties undertake to avoid all forms of corruption by following a system that is fair,
transparent, and free from any influence of prejudiced dealings prior to, during, and
subsequent to the currency of the contract to be entered into with a view to:
Enabling the BUYER to obtain the said stores/equipment in a competitive price in conformity
with the defined specifications by avoiding the high cost and 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 hereto hereby agree to enter into this Integrity Pact and agree as follows:
1.
Commitments of the BUYER
1.1. The BUYER undertakes that no official of the BUYER, connected directly, or indirectly
to 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 advantage form 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 a particular 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
attempt or completed breaches of the above commitments as well as any substantial
suspicion of such a breach.
Page 46 of 55
1.4. In case any such preceding misconduct on the part of such officials 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, 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.
2.
Commitments of BIDDERS
The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair
means and illegal activities during any stage of its bid or during any pre-contract or postcontract stage in order to secure the contract or in furtherance to secure it and in particular
commit itself to the following:2.1
2.2
2.3
2.4
2.5
2.6
2.7
The BIDDER will not offer directly, or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any 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.
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 Bank for showing or forbearing to show favour or disfavour to
any person in relation to the contract or any other contract with the Bank.
BIDDERs shall disclose the name and address of agents and representatives and Indian
BIDDERS shall disclose their foreign principals or associates.
BIDDERs shall disclose the payments to be made by them to agents/brokers, or any
other intermediary, in connection with this bid/contract.
The BIDDER further confirms and declares to the BUYER that the BIDDER is the original
manufacturer/integrator/ authorized government sponsored export entity of the
defence stores and has not engaged any individual or firm or company, whether Indian
or foreign, to intercede of 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 to any such individual, firm or company in
respect of any such intercession, facilitation or recommendation.
The BIDDER either while presenting the bid or during the 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 intermediaries in connection with the contract and the details of services
agreed upon for such payments.
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.
Page 47 of 55
2.8
2.9
The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.
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.
2.10 The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
2.11 The BIDDER shall not instigate or cause to instigate any third person to instigate any
of the actions mentioned above.
2.12 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 the officers of the BUYER,
or alternatively, if any relative of any officer of the BUYER has financial
interest/stake in the BIDDERS firm, the same shall be disclosed by the BIDDER at the
time of filing of tender. The term ‘relative’ for this purpose would be as defined in
section 6 of the Companies Act, 1956.
2.13 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
3.
PREVIOUS TRANSGRESSION
3.1. 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.
3.2. The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER shall
be disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.
4.
EARNEST MONEY (SECURITY MONEY)
4.1. While submitting commercial bid, the BIDDER shall deposit an amount (to be specified
in the RFP) as Earnest money/Security deposit, with BUYER through any of the
following instruments:
4.1.1 Bank draft or Pay Order in favour of _________________________
4.1.2 A confirmed guarantee by any Indian Nationalised bank, promising payment of
the guaranteed sum on demand within three working days without any demur
whatsoever and without seeking any reasons whatsoever. The demand for
payment by the BUYER shall be treated as conclusive proof of payment.
4.1.3 Any other mode through any other instrument (to be specified in the RFP)
4.2
The Earnest money/Security deposit shall be valid unto a period of five years or the
complete conclusion of the contractual obligations to the complete satisfaction of
both the BIDDER and the BUYER, including warranty period, whichever is later.
Page 48 of 55
4.3
4.4
5.
5.1
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 for
Sanctions for Violation shall lie 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.
No interest shall be payable by the BUYER to the BIDDER on Earnest money/Security
deposit for the period of its currency.
SANCTIONS FOR VIOLATIONS
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, wherever required:
5.1.1 To immediately call of 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.
5.1.2 The Earnest Money Deposit, (in pre-contract stage) and/or Security Deposit
Performance Bond (after the contract is signed) shall stand forfeited, either fully
or partially, as decided by the BUYER and the BUYER shall not be required to
assign any reason therefore.
5.1.3 To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
5.1.4 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.
5.1.5 If any outstanding payment is due to the BIDDER from the BUYER in connection
with any other contract of any other stores, such outstanding payment could also
be utilized to recover the aforesaid sum and interest.
5.1.6 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.
5.1.7 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/ rescessation and the buyer shall be entitled to deduct the amount so
payable from the money(s) due to the BIDDER.
5.1.8 To debar the BIDDER form participating in future bidding processes of the Bank for
a minimum period of five years, which may be further extended at the discretion
of the BUYER.
5.1.9 To recover all sums paid in violation of this Pact by BIDDER(s) to any middle men
or agent or broker with a view to securing the contract.
5.1.10 In cases where irrevocable Letters of Credit have been received with respect o
Page 49 of 55
5.1.11 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.
5.2
5.3
6.
6.1
7.
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
The BUYER will be entitled to take all or any of the actions mentioned at Para 5.1 (i)
to (x) of this Pact also on the commission by the BIDDER or anyone employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER), of an
offense 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.
The decision of the BUYER to the effect that a breach of the provisions of this act 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 purpose of
this Act.
FAIL CLAUSE
The BIDDER undertakes that it has not supplied/is not supplying similar
product/system or sub-systems 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 products/systems or sub-systems was supplied by
the BIDDER to any other Ministry/Department of the Government of India or 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 to
the BUYER by the BIDDER if the contract has already been concluded.
INDEPENDENT MONITORS
The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors)
for this Pact in consultation with the Central Vigilance Commission (Names and
addresses of the Monitors to be given)
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.
The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.
Both the parties accept that the Monitors have the right to access all the documents
relating to the project procurement including minutes of meetings.
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.
The BIDDER(s) accepts that the Monitor has the right to access without restriction 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 id is applicable to sub-contractors. The Monitor shall be under contractual
obligation to treat the information and documents of the BIDDER/Sub-contractor(s)
with confidentiality.
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.
The Monitor will submit a report to the designated Authority of the BUYER/Secretary
in the department within 8 to 10 weeks from the date of reference or intimation to
Page 50 of 55
8.
8.1
9.
10.
11.
him by the BUYER or BIDDER and, should the occasion arise, submit proposals for
correcting problematic situations.
FACILITATION OF INVESTIGATION
In case of any allegation of violation of any provision of this Pact, or payment of
commission, the BUYER or its agencies shall be entitled to examine all the documents
including the books of accounts of the BIDDER and the BIDDER shall provide necessary
information and documents in English and shall all possible help for the purpose of
such examination.
LAW AND PLACE OF JURISDICTION
This Pact is subject to Indian law. The place of performance and jurisdiction is the
seat of the BUYER.
OTHER
Legal Actions- The actions stipulated in this Integrity Pact are without any 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.
VALIDITY
11.1 The validity of this Integrity Pact shall be from the date of its signing and extend up
to five 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 six months from the date of the
signing of the contract.
11.2 Should one or several provisions of this Pact turn out to be invalid, the reminder of
this Pact shall remain valid. In this case the parties will strive to come to an
agreement to their original intentions.
This Integrity Pact is signed on ______________________________________
By:
ON BEHALF OF THE BUYER
ON BEHALF OF THE BIDDER
Name of the Official
Designation
Union Bank of India
Name of the Official
Designation
M/s
Signature of Witness 1
Name:
Address:
Signature of Witness 2
Name:
Address:
Page 51 of 55
12. ANNEXURE XI : REFUND OF EMD
LETTER FOR REFUND OF EMD
(TO BE SUBMITTED BY THE UNSUCCESSFUL BIDDERS)
Asst. General Manager,
5th floor, Technology Centre, Union Bank of India,
Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai-400072.
Date :
We ____________ (Company Name) had participated in the RFP for Procurement of Two Host
Security Modules(HSM) for ATM switch at DC & DR for Bank and we are an unsuccessful
bidder.
Kindly refund the EMD / Release BG submitted for participation. Details of EMD submitted are
as follows:
Sr. No
Bidder Name
Cheque /
Number
DD Drawn on (Bank Amount(Rs)
Name
Bank details to which the money needs to be credited via NEFT are as follows
1.
2.
3.
4.
5.
Name of the Bank with Branch
Account Type
Account Title
Account Number
IFSC Code
Sign
Name of the signatory
Designation
Company Seal
Page 52 of 55
13.
Annexure XII: UNDERTAKING BY THE BIDDER
(To be submitted on the Bidder’s letterhead)
To:
The Asst. General Manager,
Union Bank of India
5th floor,1/1A, Adi Sankaracharya Marg,
Andheri East, Mumbai – 400072
Date:
We ________________________ (Bidder name), hereby undertake thatAs on date of submission of tender, we are not blacklisted by the Central Government / any
of the State Governments in India or any Financial Institution in India.
We also undertake that, we are not involved in any legal case that may affect the solvency /
existence of our firm or in any other way that may affect capability to provide / continue the
services to the Bank.
Dated this ....... day of ............................ 20__
Place:
(Signature with date and seal)
(In the capacity of)
Duly authorised to sign the Bid with seal for and on behalf of (Name and address of the
Bidder)
Page 53 of 55
73.
ANNEXURE XIII : BILL OF MATERIALS
Sl
No
1
Item
3
Buyback offer for old 4 HSMs
(as is where is basis)
2
4
Cost of HSM with 3 year
warranty and 24*7 support
Comprehensive Annual
Maintenance Contract
(AMC) with 24*7 support
for 4 years after warranty
(8% to 10% p.a of the HSM
cost )
Base Cost
[A]
Taxes
[B]
Quantity Total
[C]
[D= (A+B)*C
2
4*2
Total cost of Ownership
for 7 years [1+2+3-4]
TCO for 7 years in words (including taxes):
Note:
i. TCO must be quoted in WORDS AND FIGURES.
ii. The prices are inclusive of all charges, Taxes, Statuary levies, Excise/Custom
duty etc. Sales Tax/VAT, Service Tax except Octroi /Entry Tax which will be
paid on actual basis.
iii. The Excise/Custom duty will however have to be mentioned separately in the
invoice where applicable.
iv. The rates will be valid for seven years from the date of purchase order
v. AMC Payment would be done on quarterly basis in arrears.
vi. Any changes in Service Tax/VAT/CST/GST/LBT during contract period will be borne
by Bank.
vii. Octroi/entry permit would be reimbursed on production of original receipt
along with invoice.
viii. Bank will not pay any additional charges other than those mentioned above
whatsoever the case may be.
ix. Cost of on-going software maintenance / updates / patches / bug fixes /
enhancements shall be borne by Bidder.
x. Bank will not evaluate and consider any terms and conditions mentioned in the
commercial Bid. Bank reserve the right to disqualify the Bidder if any deviation
is mentioned in the commercial Bid.
xi. All prices are mandatory to be quoted else Bid is liable to be rejected.
xii. Any discrepancy in TCO amount, the figure in words will be treated as final.
Sign
Name of the signatory
Designation
Company Seal
Page 54 of 55
74.
ANNEXURE XIV : Pre Bid Query Format
Bidders have to provide their queries on eligibility criteria, scope of work, terms &
conditions etc in excel format as mentioned below. Bidders are requested to
categorize their queries under appropriate headings. Bidders are requested to
provide a reference of the page number, state the clarification point and the
queries/suggestion/deviation that they propose as shown below (all the pre bid
queries will be entertained in this format only) :
S.
No.
Section and
Clause
Reference
No.
Page
No.
RFP Text
Query
Response to
query
(to be left blank
by the vendor)
XXXXXXXXXXXXXXXXXXXXXXXXXXX
Page 55 of 55