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Dated:07.06.2014AllahabadBankeDelChannels
ALLAHABAD BANK
Request for Proposal to Setup Manage and Operate Merchant Acquiring Business through POS on Monthly Rental Model
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Ref:HO/DIT/E-Del/POS/2014-15/RFP-02
Sl No
1
Dated:07.06.2014AllahabadBankeDelChannels
Bid Details in Brief
Description
RFP No. and date
Details
HO/DIT/eDel/POS/2014-15/RFP-02 dated
07.06.2014
Date of Issue
07.06.2014
17.06.2014
07.07.2014
07.07.2014
Rs.10,000 /-
9
10
11
19.06.2014
12
Request for Proposal to Setup Manage and Operate Merchant Acquiring Business through POS on Monthly Rental Model
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DISCLAIMER
The information contained in this Request for Proposal (RFP) document or information
provided subsequently to bidders or applicants whether verbally or in documentary form by or
on behalf of Allahabad Bank (or Bank), is provided to the bidder(s) on the terms and conditions
set out in this RFP document and all other terms and conditions subject to which such
information is provided. This RFP document is not an agreement and is not an offer or invitation
by Allahabad Bank to any parties other than the applicants who are qualified to submit the bids
(hereinafter individually and collectively referred to as Bidder or Bidders respectively). The
purpose of this RFP is to provide the Bidders with information to assist the formulation of their
proposals. This RFP does not claim to contain all the information each Bidder require. Each
Bidder may conduct its own independent investigations and analysis and is free to check the
accuracy, reliability and completeness of the information in this RFP. Allahabad 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. The information contained in the
RFP document is selective and is subject to updating, expansion, revision and amendment. It
does not purport to contain all the information that a Bidder require. Allahabad Bank does not
undertake to provide any Bidder with access to any additional information or to update the
information in the RFP document or to correct any inaccuracies therein, which may become
apparent.
Allahabad Bank reserves the right of discretion to change, modify, add to or alter any or all of
the provisions of this RFP and/or the bidding process, without assigning any reasons
whatsoever. Such change will be published on the Bank's Website and it will become part and
parcel of RFP.
Allahabad Bank in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information in this RFP. Allahabad Bank reserves the right to
reject any or all the expression of interest / proposals received in response to this RFP
document at any stage without assigning any reason whatsoever. The decision of Allahabad
Bank shall be final, conclusive and binding on all the parties.
Request for Proposal to Setup Manage and Operate Merchant Acquiring Business through POS on Monthly Rental Model
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Abbreviations used in this Document:
1
AMC Annual Maintenance Contract
2
BG
Bank Guarantee
3
CST
Central Sales Tax
4
DD
Demand Draft
5
DIT
Department of Information Technology
6
EMD
Earnest Money Deposit
7
HO
Head Office
8
LAN
Local Area Network
9
LD
Liquidated Damage
10
LST
Local Service Tax
11
ME
Merchant Establishment
12
MDR
Merchant Discount rate
13
NEFT
National Electronic Funds Transfer
14
NI Act
Negotiable Instruments Act
15
OEM
Original Equipment Manufacturer
16
OS
Operating System
17
POC
Proof of Concept
18
POS
Point of Sale
19
RFP
Request For Proposal [Interalia the term Tender
20
RTGS
Real Time Gross Settlement
21
VAT
Value Added Tax
22
EAS
Extended Excess Server
23
MIP
MasterCard Interface Processor
24
NFS
National Financial Switch
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LIST OF CONTENTS
Clause
No
TOPIC
Clause
No
TOPIC
34
A. INTRODUCTION
About Allahabad Bank
Award of Contracts
D. TERMS & STIPULATIONS
Definition
35
Effective Date
3
4
5
6
7
About RFP
Objective
Eligibility Criteria
Participation Methodology
Requirement Details
36
37
38
39
40
Project execution
Execution of Agreement
Uptime
Penalty
Pricing & Payment
Scope of Work
41
Payment Terms
42
43
44
11
12
13
14
15
16
B. BID PROCESS
Bid Document and Cost
Clarification to RFP & Pre-Bid
queries
Pre-Bid Meeting
Amendment to Bidding
Bid System Offer
Preparation of Bids
EMD/BG in Lieu of EMD
Documentation
45
46
47
17
18
19
50
51
52
Training
Project Timelines
Terms & Conditions
E.GENERAL CONDITIONS
Intellectual Property Rights
Roles & Responsibility during
j
I
Indemnity
9
10
48
49
/Presumptions/Modifications
20
21
22
23
24
25
26
Submission of Bid
Bid opening
C. SELECTION OF BIDDER
Preliminary Scrutiny
Clarification of Offers
Bidders Presentation/Site Visit/
POC
53
54
55
Publicity
Guarantees
Confidentiality and Non Disclosure
56
57
58
Evaluation of Bids
Short listing of Bidder
59
60
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27
Correction of error in Indicative
61
Responsibilities of the Bidder
Commercial Bid
28
Determination of L1 Price
62
Force majeure
29
Bid Validity Period
63
Corrupt and Fraudulent Practices
30
Proposal ownership
64
Resolution of disputes
31
Project ownership
65
Modification/Cancellation of RFP
32
Acceptance of offer
66
33
67
Exit Clause
Check List
Eligibility Criteria declaration
Bid Covering Letter Format
Authorization Letter Format
5
6
Applicants Profile
Non-Disclosure agreement format
7
8
9
10
11
12
13
14
Escalation Matrix
ANNEXURES( To be submitted with Part-C Indicative Commercial Bid)
Indicative Commercial Bid Covering Letter Format
15
16
17
18
19
B
C
D
E
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A. INTRODUCTION
1. About Allahabad Bank
ALLAHABAD BANK, a body Corporate and a Public Sector Bank established in the Year
1865 and nationalized under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970, having its Head office at 2, Netaji Subhash Road, Kolkata 700
001 and among others is having office at Allahabad Bank, e-Delivery Channels, Department
of Information Technology, Head Office, 2 Netaji Subhash Road, Kolkata -700001. The Bank
is having pan India presence of more than 2800 branches and 49 zonal offices situated
across the States. The Bank is a forerunner in implementation of IT related products and
services and continuously making efforts to provide the state of art technological products to
its customers.
2. Definitions
2.1.
Bank means unless excluded by and repugnant context or the meaning thereof, shall
mean Allahabad Bank, described in more detail in paragraph 1 above and which has
invited bids under this Request for Proposal (RFP) and shall be deemed to include it
successor and assigns.
2.2.
RFP means Request for Proposal for Selection of vendors to Set up, Manage and
Operate Merchant Acquiring Business through POS on Month Rental Model.
2.3.
2.4.
Contract means the agreement signed by successful bidder and the Bank at the
conclusion of bidding process, wherever required.
2.5.
Successful Bidder/ L1 bidder means the Bidder who is found to be the lowest bidder,
subject to compliance of all the Terms and Conditions of the RFP, etc.
2.6.
Solution means Set up, Manage and Operate Merchant Acquiring Business through
POS as per this RFP.
2.7.
Proposal means that Technical proposal and financial proposal as per the formats
prescribed in the RFP.
3. About RFP
The Bank wishes to Set up, Manage and Operate Merchant Acquiring Business through
POS on Monthly Rental Model as stipulated in RFP. In this connection, Bank invites sealed
offers (Conformity to Eligibility Criteria, Technical Proposal and Indicative Commercial
Bid) for Selection of vendors to Set up, Manage and Operate Merchant Acquiring Business
through POS as per the Terms & Conditions, Technical Specifications and Scope of Work
described elsewhere in this document.
The RFP document is not a recommendation, offer or invitation to enter into a contract
agreement or any other arrangement in respect of the services. The provision of the
services is subject to observance of selection process and appropriate documentation being
agreed between the Bank and successful bidder as identified by the Bank after completion
of the selection process.
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4. Objective
Bank intends to select a vendor who can set up, Manage and Operate Merchant Acquiring
Business through POS for Minimum 10000 POS terminal over the period of next 3 years.
5. Eligibility Criteria:
Due to the complexity of the business and operation of POS, only bidders who qualify on
each and all of the below mentioned criteria, would be qualified to submit the bid and will be
evaluated as per details provided further in this document. Bidder should provide full details
on each of the below requirements.
Sl.No
1.
2.
3.
4.
5.
6.
7.
Eligibility Criteria
Documents Required
The
Bidder/Group
Company
or
consortium should have been in
operation in India for at least two years
as on date of RFP.
Shall have a minimum annual Turnover
of Rupees fifty crores during last two
financial years viz., 2012-13 and 201314.
Shall have positive net worth in the last
two financial years viz. 2012-13 and
2013-14
Certificate
of
Commencement
of
Business/ copy of first order.
Complied (Y/N)
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8.
Dated:07.06.2014AllahabadBankeDelChannels
9.
Give
complete
details.
Include the names of the
vendors to whom some
services will be outsourced.
List the existing service
centres. If required, attach
undertaking to set up service
centres in urban, semi-urban
and rural centres.
Self-certification
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submitted.
The Bidder has to submit the
audit Certificate. In case
audit is intended to be
completed with in three
month from the date of
award of tender, an
undertaking in this regard
duly signed by authorized
signatory should be
furnished.
Bidder has to provide related
details like address
6. Consortium Definition
In case the bidder/ group company is not having certain capabilities sought in tender, can
still participate in tender provided the bidder should have prior agreement and arrangement
with those parties having relevant capabilities/ expertise. Such agreement should be with
not more than two parties and should have been entered into before the due date of tender
submission.
Any service issue arising out of such arrangement will be in the domain of successful bidder
and the Bank will not have any responsibility towards the third party activities/ performance.
List of parties proposed to be engaged to be furnished along with the bid.
Group Company of the bidder shall mean any company in which bidder directly holds more
than 51% of the equity share capital.
7. Requirement Details
Bank intends to avail services to Set up, Manage and Operate Merchant Acquiring Business
through POS on Monthly Rental Model, as detailed here under;
7.1 Consolidated monthly rent per terminal installed, to be paid to successful bidder, shall
comprise of following;
7.1.1 Rent of POS terminal installed at Merchant location.
7.1.2 Monthly Cost of services provided by bidder as per scope of RFP inclusive of all
other charges except rent of terminal.
7.2 If Merchant Establishment wants to use of its own PCPOS terminals, only monthly rent for
other services shall be payable to the service provider.
7.3 Bidders must have their own fully certified switch for routing of transactions, Bidders have
to provide end to end solution to Bank as per Scope of Work,
7.4 All other cost, except Bin Charges to VISA/MasterCard/NPCI and its certification charges
by what so ever name it is called, shall be borne by the bidder.
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7.5 All the Certification charges of their switch & POS Terminals need to be borne by the
bidder.
7.6 Bidder is expected to provide effective Fraud & Risk management services, addressing of
charge backs if any arises, will be to the account of the Bank, but all other issues like
collection of charge slips, making representment etc shall be managed by the bidder
7.7 All the Banking Services including maintenance of Merchants Settlement account will be
provided by the Bank. The prime responsibility of merchant identification will be of the
Allahabad Bank, which will act as Acquiring Bank by acquiring Card Present Transactions
at Merchant Establishments where POS Terminals shall be installed under the scope of
this RFP. The Bidder / Service provider may provide the reference of the merchant to the
Bank at no extra cost.
7.8 Service Provider, at the sole discretion of the Bank, may be asked to provide services pan
India, including rural and semi urban areas.
7.9 As per market trends, it is envisaged that requirement of PSTN, GPRS, MPOS terminals
shall be in the ratio of 55, 35 and 10.
7.10 Bidders have to quote rates in indicative commercial bid as per Annexure - 15. Service
Provider shall be selected through Reverse Auction Process.
8. Scope of Work
The scope of RFP involves deployment of POS EDC Terminals (PSTN, GPRS, and MPOS)
to be installed at Merchant Locations for acceptance of all types of cards, issued in
association with VISA , MasterCard & NPCI by the Bidder and routing the transaction to
Bidders Switch and then to the appropriate interchange switch viz., VISA or MasterCard or
NPCI. The bidder has to deploy the POS EDC Machines at his own cost and maintain them
and also offer services including provision, deployment, installation of the POS EDC
terminals, terminal driving, switching, merchant help desk, consumables, marketing/
publicity, helping in enrolment of Merchants, field services, transaction settlement,
reconciliation of POS Transactions and handling chargeback issues.
8.1 The Bank desires to offer the POS EDC Machines delivery channel to Merchant
Establishments enrolled by Bank.
8.2 The POS EDC terminals being deployed and POS Infrastructure must8.2.1 Be Fully EMV compliant (as per latest revisions).
8.2.2 Be in the approved terminal list of the EMVCo.
8.2.3 Be Chip-compliant and capable of PIN acceptance for chip cards.
8.2.4 POS Terminals must have the facility of LCD screen to display the amount of
transaction
8.2.5 Have unique double length Terminal Master Key.
8.2.6 Be TLE & UKPT/DUKPT Compliant
8.2.7 Terminals, POS Infrastructure and service provider should be PCI-DSS compliant as
per latest compliance standard released by PCI Council as on the date of RFP.
8.2.8 Any payment application used must be PA-DSS Compliant.
8.2.9 Be fully compliant to MoF/RBI/BCA directives and upgradable to all future directives.
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shall be obtaining membership/ BIN from NPCI for acquiring RuPay Card at its own
cost
8.4.5 Financial liability, if any, arising on account of charge back shall be borne by Bank, all
other activities required to be done in case of charge backs shall be taken care of by
the bidder. Bidder shall be responsible for conducting activities like charge back
management, re presentment, retrieval, file uploads and download.
8.4.6 Bidder must ensure that card present transactions are strictly in line with guide lines of
RBI/ MOF/ IBA/ NPCI/ MasterCard/ VISA
8.4.7 The EDC terminals deployed by the bidder should be capable of providing valueadded services through the terminals e.g. Mobile Recharge, Bill Payment, Eticketing, Cash @POS etc, as and when required by the Bank.
8.4.8 If at a later date, the EDC machines / terminals are available with separate PIN pad to
facilitate PIN entry by the Cardholder; such additions shall be made in all the
terminals deployed by the bidder.
8.4.9 For any significant changes like Aadhar based authentication on POS Machines as an
additional factor of authentication or any other major up gradation is required to be
made in POS infrastructure to comply with MoF/ RBI directives in future, If required
monthly rentals will be revised with mutual consent with the vendor .
8.4.10 Estimates for the POS Terminals have been made on the basis of market trends,
(ie., 55% PSTN, 35% GPRS & 10% Mobile POS). If requirement of particular
category of terminal exceeds beyond 5% of the estimated proportion, rental for that
category of terminals will be revised with mutual consent with the vendor.
8.5 The deliverables shall also include the following:
8.5.1 Providing end-to-end maintenance for the EDC terminals including network
connectivity and end to end services related to Merchant Acquiring Business.
8.5.2 Generating the exception reports and taking appropriate action with the approval of
the Bank.
8.5.3 Generating and sending standard reports and other reports / MIS as defined by the
Bank. Sending Daily Transaction Statements to Merchant Establishments (eStatements).
8.5.4 Timely escalation to the Bank on exceptions
8.5.5 Provide EDC switching services.
8.5.6 Merchant Set Up and Training
8.5.7 Handling Charge back issues.
8.5.8 Replenishment of consumables at merchant establishments.
8.5.9 Bidder should also provide switching of transactions acquired using PC POS and any
such type of medium of card acquisition.
8.5.10 The bidder should provide all reports including merchant payment advice reports
and also reconcile all transactions for these POS machines
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Thursday
3.00PM
No separate communication will be sent for this meeting. If the meeting date is declared
as a holiday under NI Act by the Government subsequent to issuance of RFP, the next
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working day will be deemed to be the pre-bid meeting day. Authorized representatives of
interested bidders shall be present during the scheduled time. In this connection, Bank
will allow a maximum of 2 representatives who is having Authorization letter as per
ANNEXURE-4 of this RFP from each Bidder to participate in the pre-bid meeting.
11.2 Bank has the discretion to consider any other queries raised by the bidders
representative during the pre-bid meeting.
11.3 Bank will have liberty to invite its technical consultant or any outside agency, wherever
necessary, to be present in the pre-bid meeting to reply to the technical queries of the
Bidders in the meeting.
11.4 The Bank will consolidate all the written queries and any further queries during the pre-bid
meeting and the replies for the queries shall be made available in the Banks website and
no individual correspondence shall be made. The clarification of the Bank in response to
the queries raised by the bidder/s, and any other clarification/amendments/corrigendum
furnished thereof will become part and parcel of the RFP and it will be binding on the
bidders. It may, however, be noted that non-receipt of reply to the queries raised by any
of the bidders shall not be accepted as a valid reason for non-submission of the bid. In
addition, non-reply to any query may not be deemed as a confirmation to the effect that
the version of the bidder as reflected in the query has been accepted by the Bank.
12
12.1 At any time prior to deadline for submission of Bids, the Bank, for any reason, whether, at
its own initiative or in response to a clarification requested by prospective bidder, may
modify the bidding document, by amendment.
12.2 Notification of amendments will be made available on the Banks website
(www.allahabadbank.in) and will be binding on all bidders and no separate
communication will be issued in this regard.
12.3 In order to allow prospective bidders reasonable time in which to take the amendment into
account in preparing their bids, the Bank, at its discretion, may extend the deadline for a
reasonable period as decided by the Bank for the submission of Bids.
13 Bid System Offer
Bid shall have the following 3 (three) parts:
13.1 Part-A - Eligibility Conformity: Indicating their compliance to Eligibility Criteria. The format
for submission of Conformity to Eligibility Criteria is as per APPENDIX-A.
13.2 Part-B - Technical Proposal- indicating the response to the Technical and Functional
requirement specification of Selection of vendor to Set up, Manage and Operate
Merchant Acquiring Business through POS on Monthly Rental Model. The format for
submission of Technical Proposal is as per APPENDIX-B.
13.2
14 Preparation of Bids:
14.1 The Bid shall be typed or written in English language with font size of 12 in indelible ink
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and shall be signed by the Bidder or a person or persons duly authorized to bind the
Bidder to the Contract. The person or persons signing the Bids shall initial all pages of the
Bids, except for un-amended printed literature.
14.1.1
The three parts as stated above, should be placed in three separate envelope
super scribed with Conformity to Eligibility Criteria, Technical Proposal and
Indicative Commercial Bid and properly closed and sealed. Thereafter, all the
envelopes shall be placed inside another envelope and properly closed and
sealed. The final envelope should be super scribed as Offer Selection of vendor
to Set up, Manage and Operate Merchant Acquiring Business through POS on
Monthly Rental Model in response to HO/DIT/eDel/POS/2014-15/RFP-02
dated 07.06.2014 (includes separately sealed Conformity to Eligibility Criteria,
Technical Proposal and Indicative Commercial Bid) on the top of the
envelope.
14.1.2
14.1.3
All the envelopes shall bear the name and complete postal address of the bidder
as well as the addressee, namely the Assistant General Manager, Allahabad
Bank, e-Delivery Channels, Department of Information Technology, Head
Office, Allahabad Bank, 2 Netaji Subhash Road, Kolkata 700 001
Before submitting the bid, the bidders should ensure that they conform to the
eligibility criteria as stated in clause-5 of RFP. Only after satisfying themselves
of the eligibility, the Offer should be submitted.
14.2.2
14.2.3
After ensuring the above, it shall be placed inside a separate Envelope and
sealed and super scribed on the top of the cover as PROPOSAL-PART-A for
Selection of vendor to Set up, Manage and Operate Merchant Acquiring
Business through POS on Monthly Rental Model.
14.3.2
The offer may not be evaluated and may be rejected by the Bank without any
further reference in case of non-adherence to the format or partial submission of
technical information as per the format given in the offer.
14.3.3
If the offer of the Bidder is different from the requirement/ scope furnished in the
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RFP, the bidder has to substantiate the same in detail, the reason for such
deviations. The Bank shall not allow / permit changes in the technical
specifications once it is submitted.
14.3.4
14.3.5
The Technical Proposal should be complete in all respects and contain all
information sought for, as per APPENDIX-B. Masked Indicative Commercial Bid
must be attached in Technical Offer and should not contain any price
information. The Part B-Technical Proposal should be complete and should
cover all products and services.
14.4.2
14.4.3
14.4.4
14.4.5
Bidder must take care in filling percentage share information in the indicative
Commercial Offer, to ensure that there are no typographical or arithmetic errors.
All fields must be filled up correctly.
14.4.6
Any change in the Bill of Material format may render the bid liable for rejection.
The Indicative Commercial Bids that are incomplete or conditional are liable to
be rejected.
14.4.7
The Bidder should indicate the individual taxes, and its applicable rate along
with the estimated tax amounts to be paid by the Bank.
14.4.8
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component with percentage of VAT and Service Component with service Tax
involved. The Goods Component + Service Component should be limited to
100% of the Cost Price. For example, if Goods Component is 60% then, the
Service Component cannot be more than 40%.
15 Earnest Money Deposit (EMD)/Bank Guarantee In Lieu Of EMD:
15.1 The bidder shall furnish Non interest earning Earnest Money Deposit (EMD) of Rs.
5,00,000/- (Rupees five lacs Only) by way of Demand Draft drawn on any scheduled bank
in favour of Allahabad Bank, payable at Kolkata and the same should be kept along with
the Part-A - Conformity to Eligibility Criteria.
15.2 In Case the EMD is submitted in the form of Bank Guarantee the same should be valid for
the minimum period of 6 months with a claim period of 3 months. The format for
submission of EMD in the form of Bank Guarantee is as per APPENDIX-E.
15.3 Submission of EMD in other than Part A - Conformity to Eligibility Criteria Envelope, is
liable to be rejected on grounds of non submission of EMD.
15.4 The EMD of the Bidders not qualified under Technical Proposal will be returned within 15
days after opening the Indicative commercial bid of the technically qualified bidders. The
EMD of other bidders will be returned upon the selected bidder accepting the order and
furnishing the performance guarantee.
15.5 The EMD may be forfeited/Bank Guarantee may be invoked:
15.5.1
If the bidder withdraws or amends the bid during the period of bid validity
specified in this document.
15.5.2
If the selected bidder fails to accept the purchase order within 7 days or fails to
sign the contract or fails to furnish performance guarantee in accordance with
the terms of the RFP.
16 Documentation:
Technical information in the form of Brochures/Manuals/CD etc. must be submitted in
support of the Technical Offer made.
17 Costs & Currency:
The Offer must be made in Indian Rupees only as per Indicative Commercial Bid
(ANNEXURE-15).
18 Erasures or Alterations:
The Offers containing erasures or alterations or not be considered. There should be no
hand-written material, corrections, alterations or overwriting in the offer. Technical details
must be completely filled in. Correct technical information of the product being offered must
be filled in. Filling up of the information using terms such as OK, accepted, noted, as
given in brochure/manual is not acceptable. The Bank may treat such Offers as not
adhering to the tender guidelines and as unacceptable.
19 Assumptions/Presumptions/Modifications:
The Bank would like to expressly state that any assumption, modifications, terms,
conditions, deviation etc., which the bidder includes in any part of the Bidders response to
this RFP, will not be taken into account either for the purpose of evaluation or at a later
stage, unless such assumptions, modifications, terms, conditions deviations etc., have
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been accepted by the Bank and communicated to the bidder in writing. The bidder at a later
date cannot make any plea of having specified any assumption, modifications, terms,
conditions, deviation etc in the bidders response to this RFP. No offer can be modified or
withdrawn by the bidder after submission of Bid/s.
20 Submission of Bids:
20.1 The Name and address of the Bidder, RFP No. and Due Date of the RFP are to be
specifically mentioned on the Top of the envelope containing Bid.
20.2 The bid/s properly super scribed in the manner prescribed in earlier clauses of this RFP
should be deposited in the Tender Box at the Place, Venue, Date and Time mentioned
below:
Last Date of
submission of Bid
07.07.2014
Day
Time
Venue
Monday
Upto 3.00 PM
e-Delivery Channels
Deptt of Information Technology
Allahabad Bank
Head Office
2, Neta ji Subhash Road
Kolkata 700 001
20.3 If the last day of submission of bids is declared as a holiday under NI Act by the
Government subsequent to issuance of RFP, the next working day will be deemed to be
the last day for submission of the RFP. The Bid/s which is/are deposited after the said
date and time shall not be considered.
20.4 Bids sent through post/courier will not be accepted/ evaluated. No offer will be accepted
directly.
20.5 If envelopes containing bid documents, including the outer envelope is not sealed and
marked in the prescribed manner, the Bank will assume no responsibility for the bids
misplacement or premature opening.
20.6 The following officials will facilitate in bid related queries and make arrangements for
deposit of bid documents.
First Official
Aditya Mehra,
Marketing Officer,
e-Delivery Channels,
Deptt of Information
Technology Head Office
Allahabad Bank
2, Neta ji Subhash Road
Kolkata 700 001
Alternate Official
Atul Bharati,
Chief Manager,,
e-Delivery Channels,
Deptt of Information
Technology Head Office
Allahabad Bank
2, Neta ji Subhash Road
Kolkata 700 001
20.7 In case bid documents are too bulky to be placed inside the tender box, arrangements will
be made by the above mentioned officials to receive the tender. However, bidder should
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reach the venue before the date and time stipulated above.
20.8 All pages of Bid Documents must be signed by duly authorized person through board
resolution. A copy of Board resolution must be submitted along with the bid.
21 Bid Opening:
21.1 The Part A- Conformity to Eligibility Criteria shall be opened in the presence of the
Bidders representative/s who may choose to attend the bid opening as per following
schedule.
Date
Day
07.07.2014
Monday
Time
03.30 pm
Venue
Deptt of Information Technology
Head Office
Allahabad Bank
2, Netaji Subhash Road
Kolkata 700 001
Bidders representative may be present in the place and venue well in time along with an
authorization letter in hand for each bid opening under this RFP, as per the format
(ANNEXURE-4) enclosed.
Note: Authorization letter should be carried in person and shall not be placed inside any of the
bid covers.
21.2 Attendance of all the representatives of the bidders who are present at bid opening will be
taken in a register against Name, Name of the Company and with full signature.
21.3 The Bidders may note that no further notice will be given in this regard. Further, in case
the bank does not function on the aforesaid date due to unforeseen circumstances or
declared as a holiday then the bid will be accepted up to 3.00 PM on the next working day
and bids will be opened at 3:30 PM at the same venue on the same day.
21.4 The following details will be announced at the time of bid opening.
21.4.1
Bidders name
21.4.2
Presence or absence of cost of the bidding document and Bid security(In case
of Technical bid opening)
21.4.3
Such other details as the Bank at its discretion may consider appropriate.
21.5 If any of the bidders or all bidders who submitted the tender are not present during the
specified date, time and venue of opening it will be deemed that such bidder is not
interested to participate in the opening of the Bid/s and the bank at its discretion will
proceed further with opening of the Part A - Conformity to Eligibility Criteria in their
absence.
21.6 The Part A- Conformity to Eligibility Criteria submitted by the bidder will be evaluated
based on the eligibility criteria stipulated. The Part B-Technical Proposal of only those
bidders who qualified in Part A- Conformity to Eligibility Criteria will be opened with due
communication by the bank.
21.7 The Indicative Commercial Bid of only those bidders who qualify in Part B-Technical
Proposal will be reckoned for opening.
C. SELECTION OF BIDDER
22
Preliminary Scrutiny:
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The Bank will scrutinize the Bid/s received to determine whether they are complete in all
respects as per the requirement of RFP, whether the documents have been properly
signed, whether items are offered as per RFP requirements and whether technical
documentation as required to evaluate the offer has been submitted.
Prior to detailed evaluation, the Bank will determine the responsiveness of each Bid to the
bidding document. Responsiveness means that the bid conforms to all terms and
conditions of the Eligibility Criteria and bidding document is submitted without any material
deviations.
23 Clarification Of Offers:
23.1 During the process of scrutiny, evaluation and comparison of offers, the Bank may, at its
discretion, seek clarifications from all the bidders/any of the bidders on the offer made by
them. The bidder has to respond to the bank and submit the relevant proof /supporting
documents required against clarifications, if applicable. The request for such clarifications
and the Bidders response will necessarily be in writing and it should be submitted within
the time frame stipulated by the Bank.
23.2 The Bank may, at its discretion, waive any minor non-conformity or any minor irregularity
in the offer. This waiver shall be binding on all the bidders and the Bank reserves the right
for such waivers.
24 Bidders Presentation /Site Visits / Service Demonstration/POC
24.1 The Bidders who are qualified in eligibility evaluation, have to give
presentation/interactions before panel of representatives of Bank on the methodology/
approach, time frame for various activities, strengths of the Bidders in carrying out the
tasks as per the scope of the RFP detailed under para 8 of the RFP. The technical
competence and capability of the Bidder should be clearly reflected in the presentation. If
any short listed Bidder fails to make such presentation, the Bidder will be eliminated from
the evaluation process.
24.2 At the sole discretion and determination of the Bank, the Bank may add any other
relevant criteria for evaluating the proposals received in response to this RFP.
24.3 Setting of evaluation criteria for service demonstrations shall be entirely at the discretion
of the Bank. The decision of Bank in this regard shall be final and in this regard, no
correspondence shall be entertained.
25 Evaluation of Bid:
25.1
The Bank will evaluate the bid submitted by the bidders under this RFP. The Part-A
Conformity to Eligibility Criteria submitted by the bidder will be evaluated based on
Clause-5 of RFP.
25.2
The Part B-Technical Proposal of only those bidders who qualified in Part A- Conformity
to Eligibility Criteria, will be opened with due communication by the Bank and shall be
evaluated on the basis of Annexure-10 and Annexure-10(A) of the RFP. Bidders who
succeed to score at least 75% marks shall qualify in Technical Evaluation.
25.3
The Indicative Commercial Bid of only those bidders who qualified in Part B- Technical
Proposal will be reckoned for opening indicative commercial bid. Format for submission
of Indicative Commercial Bid is placed at Annexure-15
25.4
The Bank may, at its discretion, waive any minor non-conformity or any minor irregularity
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in the offer. Banks decision with regard to minor non-conformity is final and the waiver
shall be binding on all the bidders. Bank reserves the right for such waivers.
25.5
Minor Non-Conformity/ Minor Irregularity implies that they do not affect this RFP
materially.
25.6
The Bank will evaluate the bid submitted by the bidders under this RFP. The Technical
Proposal submitted by the bidder will be evaluated based on technical specification and
the documents stipulated in Technical Proposal. The Indicative Commercial Bid of only
those bidders who qualify in Technical Proposal will be reckoned for evaluation purpose.
25.7
The Bid will be evaluated by a Committee of officers of the Bank. If warranted, the Bank
may engage the services of external consultants for evaluation of the bid. It is Bank's
discretion to decide at the relevant point of time.
25.8
25.9
Reverse Auction shall be completed through e-Tendering. Business Rules and Terms
and Conditions of e-Tendering are placed at Annexure-19
25.10 On completion of evaluation process of indicative commercial bids and based on any
other clarification submitted by the Vendor in response to the Banks query as also
market trends, the ceiling on monthly rental for Reverse Auction shall be decided. While
fixing ceiling on monthly rent, terminal mix shall be taken as 55% PSTN, 35% GPRS and
10% MPOS.
25.11 Contract will be awarded to the L1 Vendor, i.e. the Vendor, who has quoted the lowest
monthly rent in Reverse Auction.
25.12 The successful bidder is required to provide price breakup with in 48 hours of conclusion
of Reverse auction on the format (Annexure 15).
26 Short-Listing Of Bidders:
The Bank will prepare a list of technically qualified bidders on the basis of evaluation
ofPart-B-Technical bid and the names of shortlisted bidders would be announced on the
Banks website (www.Allahabadbank.com)/Notice Board.
27 Correction Of Error In Indicative Commercial Bid
Bank reserves the right to correct any arithmetical errors furnished in the Indicative
Commercial Bid. If any such errors are noticed, it will be rectified on the following basis:
27.1 Bank may waive off any minor infirmity or non-conformity or irregularity in a bid, which
does not constitute a material deviation.
27.2
If there is discrepancy between the unit price and total price (which is obtained by
multiplying the unit price by the quantity), the unit price shall prevail and the total price
shall be corrected accordingly.
27.3
27.4
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multiplication, division and carryover of amount from one page to another), correct total
will be arrived by the Bank and the same will prevail over the total furnished in the Bill of
Material
27.5
If there is a discrepancy between words and figures, the rate/ amount in words shall
prevail, unless the amount expressed in words is related to an arithmetical error in which
case, the amount in figures will prevail, subject to the above two provisions.
27.6
If the bidder does not accept the correction of errors, the bid will be rejected
28 Determination of L1 Price:
28.1
L1 bidder shall be decided on the basis of reverse auction. Ceiling price for the reverse
auction shall be decided on the basis of indicative prices quoted by bidders and its
market rates. Vendors who qualify in technical evaluation shall be eligible for
participating in reverse auction. On completion of reverse auction process successful
Vendor shall be awarded contract.
28.2
Following methodology shall be adopted to arrive at ceiling price for reverse auction
28.2.1 There shall be two constituents of Monthly Rent per POS Terminal deployed, i.e;
Monthly Rent for POS Terminal (different for different terminals) and Monthly rent
per TID for other services. Percentage of each constituent shall be worked upon
on the basis of indicative commercial bids and market rates, which shall be
communicated to successful bidders prior to reverse auction.
28.2.2 Ceiling price for Monthly rent per POS terminal shall be determined by;
28.2.2.1
Fixing monthly rent per MPOS, GPRS, & PSTN Terminal individually
on the basis of indicative commercial bids and market rates.
28.2.2.2
28.2.2.3
28.2.3 Ceiling price for monthly rent per TID for other services shall also be fixed on the
basis of indicative commercial bids and market rates. Other services include
expenses such as transaction cost, certification charges, installation and
maintenance of POS terminals, reconciliation addressing of charge back,
replenishment of consumables etc.
28.2.4 Ceiling Price for the purpose of reverse auction shall be the sum total of above
two constituents as explained in clause no. 28.2.2.3. and clause no. 28.2.3
28.2.5 Successful bidder in reverse auction shall be submitting the breakup of monthly
rent in bill of material in line with above guide lines.
28.2.6 Suppose 70% of total monthly rent is set for rent of POS Terminals and 30% for
rent for other services and successful bidder quotes a rate of Rs. 600/- only.
Breakup of Rs. 600/- shall be as under;
28.2.6.1
Weighted Monthly rent for terminal mix per terminal shall be Rs. 420/( 70% of Rs.600/-)
28.2.6.2
Monthly Rent for MPOS/ GPRS and PSTN shall further be worked out
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Monthly rent per TID for other Services shall be Rs. 180/-( 30% of
Rs.600/-)
However, the Bank does not bind itself to accept the lowest or any Bid and reserves the
right to reject any or all bids at any point of time prior to the order without assigning any
reasons whatsoever.
28.4
The bank reserves the right to re-tender without assigning any reasons whatsoever. The
bank shall not incur any liability to the affected bidder(s) on account of such rejection.
Bank shall not be obliged to inform the affected bidder(s) of the grounds for the Bank's
rejection.
28.5
The Bank reserves the right to modify any terms, conditions and specifications of the
RFP and Bank reserves the right to obtain revised price bids from the bidders with
regard to change in RFP clauses. The Bank reserves the right to accept any bid in whole
or in part. The bank reserves the right to release part order or more than one order.
If the bidder is engaging any third party in executing the project, details there of shall be
furnished. The bidder shall detail the responsibilities of such third parties involved and
also submit a letter of undertaking from the parties mentioning their consent and
assurance for satisfactory performance of the project. The bidder must specify any and
all relationships with third parties in respect of the ownership, which are relevant to this
RFP.
31.2
Ownership letter by the bidder to be submitted (Under taking letter by the bidder taking
the ownership of the project execution in case third party also involved in project
execution either fully or partially. The bidder shall also submit the ownership certificate
issued by the third party clearly mentioning the extent of ownership)
32 Acceptance of Offer:
32.1
The Bank reserves its right to reject any or all the offers without assigning any reason
thereof whatsoever.
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32.2
32.3
32.4
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The Bank will not be obliged to meet and have discussions with any bidder and/ or to
entertain any representations in this regard.
The bids received and accepted will be evaluated by the Bank to ascertain the best and
lowest bid in the interest of the Bank. However, the Bank does not bind itself to accept
the lowest or any Bid and reserves the right to reject any or all bids at any point of time
prior to the order without assigning any reasons whatsoever. The bank reserves the right
to re-tender the RFP with or without modification.
The bidder including those, whose tender is not accepted shall not be entitled to claim
any costs, charges, damages and expenses of and incidental to or incurred by him
through or in connection with his submission of tenders, even though the Bank may elect
to modify/withdraw the tender.
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37 Execution of Agreement:
Within 21 days from the date of acceptance of the Order, the selected bidder shall sign a
stamped Contract with the Bank at the time, place and in the format prescribed by the
Bank. Failure to execute the Contract Agreement makes the EMD liable for forfeiture at the
discretion of the Bank and also rejection of the selected Bidder.
The Contract Agreement shall include all terms, conditions and specifications of RFP and
also the Commercials and Price, as agreed finally after Bid evaluation and Reverse Auction.
The Contract shall be executed in English language in one original, the Bank receiving the
duly signed Original and the selected Bidder receiving the photocopy. The contract shall be
valid till all contractual obligations are fulfilled. Copy of the draft agreement is placed at
Annexure-17
38. Uptime:
Bidder is required to maintain uptime for POS Infrastructure as per Annexure-16.
39. Penalty:
39.1 Details of the penalty are available in Service Level Agreement (SLA) which shall be
executed between Bank and successful bidder as per Annexure-16
40. Pricing & Payments:
40.1 The Price offered to the Bank must be in Indian Rupees and inclusive of
Duties/Insurance/Freight/charges of road permit but Exclusive of all taxes CST/LST/
VAT/Octroi/Entry Tax, etc. The Vendor has to quote the applicable taxes separately.
40.2 No escalation in price quoted is permitted for any reason whatsoever. Prices quoted must
be firm till the completion of the contract.
40.3 From the date of placing the order till the delivery of the product/solution/certification, if any
changes are brought in the duties such as excise/customs etc., by the Government
resulting in reduction of the cost of the systems, the benefit arising out of such reduction
shall be passed on to the Bank.
40.4 Applicable Taxes will be paid at actual to the maximum of taxes indicated in the Indicative
Commercial Bid. If there is any delay in delivery of the solution ordered on account of the
Bidder, then any increase in tax rate has to be borne by the bidder. However if any
decrease in the tax rates, then the taxes at actual will be paid.
41. Payment Terms:
41.1 Payment terms shall be on monthly basis, based on invoices provided by the bidders to
the Bank for the EDCs deployed by the Bidder at Merchant location. Date of
operationalization of POS Terminals at Merchant location shall be considered for
calculation of rent. Invoices submitted by the bidder must accompany terminal wise
downtime report..
41.2 The Bidder must accept the payment terms proposed by the Bank. Any deviation from the
proposed payment terms would not be accepted. The Bank shall have the right to withhold
any payment due to the Bidder, in case of delays or defaults on the part of the Bidder.
Such withholding of payment shall not amount to a default on the part of the Bank.
41.3 The payments will be released/accepted only through NEFT / RGTS and the Selected
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Bidder has to provide necessary Bank Details like Account No., Banks Name with Branch,
IFSC Code etc.
41.4 The payment will be released after deducting applicable TDS.
42 Security Deposit / Performance Bank Guarantee:
42.1 The successful bidder should submit a Security Deposit / Performance Guarantee for
Rs.10.00 lacs (Rupees ten lacs only) within 15 days from the date of acceptance of the
Order.
42.2 If the Security Deposit /Performance Guarantee is not submitted within the time stipulated
above, penalty at Rs.5000/- for each completed calendar week of delay or part thereof will
be deducted from the payment or from any other payments for the delay in submission of
Security Deposit/ Bank Guarantee. The total penalty under this clause shall be restricted to
maximum of Rs.50000/.
42.3 Security Deposit/ Performance Bank Guarantee obtained from any of the Scheduled
Banks (Other than Allahabad Bank) submitted should be valid for a period of 36 months,
from the date of acceptance of order and shall be retained till the completion of contract
period. The guarantee should also contain a claim period of three months from the last
date of validity. However it should be as per the banks format.(APPENDIX-D)
42.4 The selected bidder shall be responsible for extending the validity date and claim period of
the Bank guarantees as and when it is due, on account of non completion of the project.
42.5 The security deposit / bank guarantee will be returned to the bidder on completion of the
project.
42.6 The Bank shall invoke the Bank guarantee before the expiry of validity, if work is not
completed and the guarantee is not extended, or if the selected bidder fails to complete his
obligations under the contract. The Bank shall notify the selected bidder in writing before
invoking the Bank guarantee.
43 Order Cancellation:
43.1 The Bank reserves its right to cancel the entire / unexecuted part of the Purchase Order at
any time by assigning appropriate reasons and recover expenditure incurred by the Bank
in addition to recovery of Liquidated damages as per the terms of the contract, in the event
of one or more of the following conditions:
43.1.1
43.1.2
43.1.3
43.1.4
43.2 In addition to the cancellation of purchase order, the Bank reserves its right to invoke the
Bank Guarantee or foreclose the Security Deposit given by the bidder towards nonperformance/non-compliance of the terms and conditions of the contract, to appropriate
towards damages.
43.3 Bank shall serve the notice of termination to the bidder at least 30 days prior, of its
intention to terminate services during the contract period.
44 Software, Drivers and Manuals:
44.1 The bidder shall supply along with each item, all the related documents, manuals,
catalogues, if any, without any additional cost. The media and documents shall be in
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English.
44.2 All related documents, manuals, catalogues and information furnished by the bidder shall
become the property of the Bank.
45 Training
The Selected bidder shall provide the training to the banks personnel as described below:
45.1 The Bidder shall provide extensive training, on its product, to users including branch
officials, Card Centre officials/staff. The training will have to be provided at Bank's
premises or external sites acceptable to Bank, at bidder's cost.
45.2 The Bidder shall provide a detailed operations and maintenance manual for use of the
staff including training the Bank's personnel.
45.2.1 Bidder should submit detailed course content and provisional agenda along with
the Bid.
45.2.2 The course duration will be of 1 day
46 Project Timelines
The timelines of implementation of the project shall be submitted along with the tender
submission in the following format.
Stage
Activity
Weeks
Required for
the activity
Project
duration
(weeks)
Completion of post
reverse auction
formalities
Completion of
Certification
Process/UAT
6 weeks of issuing
the letter of intent to
successful bidder
The solution should be ready for deployment of first lot of POS Terminals (EDC Machines) with
the start of 7th week from the date of issuing the letter of intent. Afterwards, deployment of
terminals will be an ongoing process.
47 Terms & Conditions:
47.1 Adherence to Terms and Conditions
The Bidders who wish to submit responses to this RFP should note that they should
abide (in true intent and spirit) by all the terms and conditions contained in the RFP. If
the responses contain any extraneous conditions put in by respondents, such
responses may be disqualified and may not be considered for the selection process.
47.2 Period of Contract
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The period of contract is initially for 3 years and can be extended based on the
satisfactory performance of the bidder at the sole discretion of the Bank.
However, there shall be an yearly review of the performance of the vendor by the
Bank.
47.3 Professionalism
The bidder should provide professional, objective and impartial advice at all times and
hold the Banks interest paramount and should observe the highest standard of ethics,
values, and code of conduct, honesty and integrity while executing the assignment.
47.4 Adherence To Standards
The bidder should adhere to approved standards in the process and delivered goods.
The Bank reserves the right to ascertain information from the other Banks and
institutions to which the Bidders have rendered their services for execution of similar
projects.
47.5 Expenses
It may be noted that Bank will not pay any amount/expenses / charges/ fees / traveling
expenses / boarding expenses / lodging expenses / conveyance expenses / out of
pocket expenses other than the Agreed Price.
47.6 Single Point Of Contact
The selected Bidder has to provide details of single point of contact viz. name,
designation, address, e-mail address, telephone/mobile no., fax no. etc.
47.7 Authorized Signatory
The selected Bidder shall indicate the authorized signatories who can discuss and
correspond with the Bank, with regard to the obligations under the contract. The
selected Bidder shall submit at the time of signing the contract, a certified copy of the
resolution of their Board, authenticated by Company Secretary/Director, authorizing an
official or officials of the company or a Power of Attorney copy to discuss, sign
agreements/contracts with the Bank. The Bidder shall furnish proof of signature
identification for above purposes as required by the Bank.
47.8 Non Payment Of Agreed Price
If any of the items/activities as mentioned in the price bid and as mentioned in
ANNEXURE-15 are not taken up by the Bank during the course of this assignment, the
Bank will not pay the contracted agreed price quoted/agreed by the selected QSA in
the Price Bid against such activity/item.
47.9 No Employer-Employee Relationship
The Bidder or any of its holding/subsidiary/joint-venture/ affiliate / group/ client
companies or any of their employees / officers / staff / personnel
representatives/agents shall not, under any circumstances, be deemed to have any
employer-employee relationship with the Bank or any of its employees/officers/
staff/representatives/ personnel/agents.
47.10 Vicarious Liability:
The Bidder shall be the principal employer of the employees, agents, contractors,
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subcontractors etc., engaged by the Bidder and shall be vicariously liable for all the
acts, deeds, matters or things, of such persons whether the same is within the scope of
power or outside the scope of power, vested under the contract. No right of any
employment in the Bank shall accrue or arise, by virtue of engagement of employees,
agents, contractors, subcontractors etc., by the bidder, for any assignment under the
contract. All remuneration, claims, wages dues etc., of such employees, agents,
contractors, subcontractors etc., of the bidder shall be paid by the bidder alone and the
Bank shall not have any direct or indirect liability or obligation, to pay any charges,
claims or wages of any of the Bidders employees, agents, contractors, subcontractors
etc. The bidder shall agree to hold the Bank, its successors, assigns and
administrators fully indemnified, and harmless against loss or liability, claims, actions or
proceedings, if any, whatsoever nature that may arise or caused to the Bank through
the action of Bidders employees, agents, contractors, subcontractors etc.
47.11 Cancellation Of Contract And Compensation:
47.11.1 The Bank reserves the right to cancel the contract of the selected Bidder and
recover expenditure incurred by the Bank in any of the following
circumstances. The Bank would provide 30 days notice to rectify any breach/
unsatisfactory progress.
47.11.2 The selected Bidder commits a breach of any of the terms and conditions of
the bid/contract.
47.11.3 The Bidder becomes insolvent or goes into liquidation voluntarily or
otherwise.
47.11.4 An attachment is levied or continues to be levied for a period of 7 days upon
effects of the bid.
47.11.5 The progress regarding execution of the contract, made by the selected
Bidder is found to be unsatisfactory.
47.11.6 If the selected Bidder fails to complete the due performance of the contract in
accordance with the agreed terms and conditions.
47.11.7 After the award of the contract, if the selected Bidder does not perform
satisfactorily or delays execution of the contract, the Bank reserves the right
to get the balance contract executed by another party of its choice by giving
one months notice for the same. In this event, the selected Bidder is bound
to make good the additional expenditure, which the Bank may have to incur to
carry out for the execution of the balance of the contract. This clause is also
applicable, if for any reason, the contract is cancelled.
47.11.8 The Bank reserves the right to recover any dues payable by the selected
Bidder from any amount outstanding to the credit of the selected Bidder,
including the pending bills and/or invoking Bank Guarantee/Security Deposit,
if any, under this contract.
E.
GENERAL CONDITIONS:
48
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not infringe upon any third party intellectual property rights, including copyrights,
patents and other intellectual property rights of any nature whatsoever.
48.2In the event that the Deliverables become the subject of claim of violation or
infringement of a third partys intellectual property rights, bidder shall at its choice
and expense: [a] procure for Bank the right to continue to use such deliverables; [b]
replace or modify such deliverables to make them non-infringing, provided that the
same function is performed by the replacement or modified deliverables as the
infringing deliverables; or [c] if the rights to use cannot be procured or the
deliverables cannot be replaced or modified, accept the return of the deliverables
and reimburse bank for any amounts paid to bidder for such deliverables, along
with the replacement costs incurred by Bank for procuring an equivalent equipment
in addition to the penalties levied by Bank. However, Bank shall not bear any kind
of expense, charge, fees or any kind of costs in this regard. Notwithstanding the
remedies contained herein, the bidder shall be responsible for payment of penalties
in case service levels are not met because of inability of the bank to use the
proposed solution.
48.3The bidder acknowledges that business logics, work flows, delegation and decision
making processes of Bank are of business sensitive nature and shall not be
disclosed/referred to other clients, agents or distributors.
48.4Bidder shall be providing services to those enrolled merchant establishments also,
who prefer to purchase POS terminal out right/ use their own POS terminal.. In
such cases rent paid to bidder shall be limited to monthly rent for other POS related
activities.
49
50
Indemnity:
50.1The bidder shall keep and hold the Bank indemnified and harmless from time to time
and at all times against all actions, proceedings, claims, suits, liabilities (including
statutory liability), penalties, demands, charges, costs (including legal costs) and
expenses, damages, losses and any other expenses which may be caused to or
suffered by or made or taken against the Bank arising out of:
50.1.1 The breach, default or non-performance of undertakings, warranties,
covenants or obligations by the bidder;
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50.1.2 Any contravention or Non compliance with any applicable laws, regulations,
rules, statutory or legal requirements by the bidder;
50.2Further, the bidder shall indemnify, protect and save the Bank against all claims,
losses, costs, damages, expenses, action suits and other proceedings, resulting
from infringement of any law pertaining to patent, trademarks, copyrights etc. or
such other statutory infringements in respect of PCI-DSS & PA-DSS compliance of
POS Infrastructure for POS Terminals, supplied by them.
50.2.1 All indemnities shall survive notwithstanding expiry or termination of the
contract and bidder shall continue to be liable under the indemnities.
50.2.2 Claims made by the Bank/third parties in case of infringement of Intellectual
property rights or for claims relating to the loss of damage to real property
and tangible personal property and for bodily injury or death and in these
cases the liability will be unlimited
51
52
Bank at its discretion may verify the accounts and records or appoint third party for
verification including an auditor for audit of records including Hardware, Software provided
to the Bank under the RFP and the vendor shall extend all cooperation in this regard.
Assignment:
52.1The vendors shall not assign to any one, in whole or in part, its obligations to perform
under the RFP/contract, except with the Banks prior written consent.
52.2If the Bank undergoes a merger, amalgamation, take-over, consolidation,
reconstruction, change of ownership etc., this RFP shall be considered to be
assigned to the new entity and such an act shall not affect the rights and obligations
of the Vendor under this RFP.
53
Publicity:
Any publicity by the bidder in which the name of the Bank is to be used will be done only
with the explicit written permission of the Bank.
54
Guarantees:
The bidder should guarantee that the software/solution supplied to the Bank includes all
patches, upgrades/ updates etc., and the same are licensed and legally obtained. All
software must be supplied with their original and complete printed documentation.
55
56
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Agreement and no waiver of any of the terms or conditions hereof shall be valid or binding
unless made in writing.
57
58
Negligence:
If the selected bidder neglects to execute the work with due diligence or expedition or
refuses or neglects to comply with any reasonable order given to him in writing by the
Bank, in such eventuality, the Bank may after giving notice in writing to the selected bidder
calling upon him to make good the failure, neglect or contravention complained of, within
such times as may be deemed reasonable and in default of the said notice, the Bank shall
have the right to cancel the Contract holding the selected bidder liable for the damages
that the Bank may sustain in this behalf. Thereafter, the Bank may make good the failure
at the risk and cost of the selected bidder.
59
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of the RFP
59.2The bidder shall deliver, install the equipment and port the software, arrange for user
acceptance test at bidders cost as per accepted time schedules. The bidder is
liable for penalties levied by Bank for any deviation in this regard. The bidder shall
provide for all tools, testing instruments, drivers, consumables required to install,
customize and test the software without any further charge, expense and cost to
Bank.
59.3Any supplies and services which might not have been specifically mentioned in this
tender but are necessary for installation, testing, commissioning, performance or
completeness of the order, shall be provided / made available as per the time
schedule for smooth and efficient operation and maintenance of the system under
Indian condition.
59.4The Bidder shall be responsible for any discrepancies, errors and omissions in the
drawings or other information submitted by him irrespective of whether these have
been approved, reviewed or otherwise accepted by the bank or not. The bidder
shall take all corrective measures arising out of discrepancies, error and omission in
drawings and other information as mentioned above within the time schedule and
without extra cost to the bank.
60
61
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No payment will be made by the Bank to the third party bidder (s) for their services.
The service provider shall enter into agreement with such bidders and provide a
copy of such agreement to the Bank. The agreement between service provider and
local vendors/sub-contractors should explicitly include a clause regarding
confidentiality of data and other information related to business
By submitting a signed bid/response to this RFP the Bidder certifies that:
61.32. The Bidder has arrived at the prices in its bid without agreement with any other
bidder of this RFP to the purpose of restricting competition.
61.33. The prices in the bid have not been disclosed and shall not be disclosed to any
other bidder of this RFP.
61.34. No attempt by the Bidder to induce any other bidder to submit or not to submit a bid
for restricting competition has occurred.
61.35. Each Bidder must indicate whether or not they have any actual or potential conflict
of interest related to contracting services with ALLAHABAD BANK. In case such
conflicts of interest do arise, the Bidder must indicate the manner in which such
conflicts can be resolved.
61.36. The Bidder represents and acknowledges to the Bank that it possesses necessary
experience, expertise and ability to undertake and fulfill its obligations, under all
phases involved in the performance of the provisions of this RFP. The Bidder
represents that all software to be supplied in response to this RFP shall meet the
proposed Bidder solution requirements. The Bidder shall be required to
independently arrive at a solution, which is suitable for the Bank, after taking into
consideration the effort estimated for implementation of the same. If any services,
functions or responsibilities not specifically described in this RFP are an inherent,
necessary or customary part of the deliverables or services and are required for
proper performance or provision of the deliverables or services in accordance with
this RFP, they shall be deemed to be included within the scope of the deliverables
or services, as if such services, functions or responsibilities were specifically
required and described in this RFP and shall be provided by the Bidder at no
additional cost to the Bank. The Bidder also acknowledges that the Bank relies on
this statement of fact, therefore neither accepting responsibility for, nor relieving the
Bidder of responsibility for the performance of all provisions and terms and
conditions of this RFP, the Bank expects the Bidder to fulfill all the terms and
conditions of this RFP.
62
Force Majeure:
62.1. The bidder shall not be liable for default or non-performance of the obligations
under the contract, if such default or non-performance of the obligations under this
contract is caused by any reason or circumstances or occurrences beyond the
control of the bidder, i.e. Force Majeure.
62.2. For the purpose of this clause, Force Majeure shall mean an event beyond the
control of the bidder, due to or as a result of or caused by acts of God, wars,
insurrections, riots, earth quake and fire, events not foreseeable but does not
include any fault or negligence or carelessness on the part of the bidder, resulting in
such a situation.
62.3. In the event of any such intervening Force Majeure, the Bidder shall notify the Bank
in writing of such circumstances and the cause thereof immediately within five
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calendar days. Unless otherwise directed by the Bank, the Bidder shall continue to
perform / render / discharge other obligations as far as they can reasonably be
attended / fulfilled and shall seek all reasonable alternative means for performance
affected by the Event of Force Majeure.
62.4. In such a case, the time for performance shall be extended by a period (s) not less
than the duration of such delay. If the duration of delay continues beyond a period
of three months, the Bank and the Bidder shall hold consultations with each other in
an endeavor to find a solution to the problem. Notwithstanding above, the decision
of the Bank shall be final and binding on the Bidder.
63
64
Resolution of Disputes:
All disputes and differences of any kind whatsoever, arising out of or in connection
with this Contract/ Agreement executed by the successful bidder or in the discharge
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of any obligation arising under this Offer (whether during the course of execution of
the order or after completion and whether beyond or after termination,
abandonment or breach of the Agreement) shall be resolved amicably. In case of
failure to resolve the disputes and differences amicably the matter may be referred
to a sole arbitrator mutually agreed upon after issue of at least 30 days notice in
writing to the other party clearly setting out there in the specific disputes. In the
event of absence of consensus about the single arbitrator, the dispute may be
referred to joint arbitrators; one to be nominated by each party and the said
arbitrators shall appoint a presiding arbitrator. The provisions of the Indian
Arbitration and Conciliation Act, 1996, shall govern the arbitration. The venue of
arbitration shall be Kolkata, INDIA.
65
Modification/Cancellation Of RFP
66
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67.6
67.7
Dated:07.06.2014AllahabadBankeDelChannels
67.8
Warranties:
67.8.1 All the warranties held by or in the name of the bidder shall be assigned or
transferred as-is, in the name of the bank. The bidder shall execute any
and all such documents as may be necessary in this regard.
67.8.2 The parties shall return confidential information and will sign off and
acknowledge the return of such confidential information.
67.8.3 The bidder shall provide all other services as may be agreed by the parties
in connection with the reverse transition services. However, in case any
other services, in addition to the above are needed, the same shall be
scoped and priced.
67.8.4 The bidder recognizes that considering the enormity of the assignment, the
transition services listed herein are only indicative in nature and the bidder
agrees to provide all assistance and services required for fully and
effectively transitioning the services provided by the bidder under the
scope, upon termination or expiration thereof, for any reason whatsoever.
67.9 The cost for reverse transition if any should be part of the commercial offer.
67.10 During which the existing Bidder would transfer all knowledge, know how and other
things necessary for the Bank or new bidder to take over and continue to manage
the services. The Bidder agrees that the reverse transition mechanism and support
during reverse transition will not be compromised or affected for reasons
whatsoever be for cancellation or exist of the parties.
67.11 The Bank shall have the sole and absolute discretion to decide whether proper
reverse transition mechanism over a period of 6 months, has been complied with. In
the event of the conflict not being resolved, the conflict will be resolved through
Arbitration.
67.12 The Bank and the Bidder shall together prepare the Reverse Transition Plan.
However, the Bank shall have the sole decision to ascertain whether such Plan has
been complied with.
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67.13 The Bidder agrees that in the event of cancellation or exit or expiry of the contract it
would extend all necessary support to the Bank or its selected bidders as would be
required in the event of the shifting of the site
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ANNEXURE-1
Checklist
Checkpoints to ensure accuracy of the same before submission of the bid.
F. ANNEXURES( To be submitted with Part A- conformity to eligibility criteria)
1
Check List
Applicants Profile
9
10
11
12
13
Escalation Matrix
ANNEXURES( To be submitted with Part-C Indicative Commercial Bid)
14
15
16
17
Draft Contract
Checked for accuracy
Date:
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No.
2
3
Dated:07.06.2014AllahabadBankeDelChannels
Vendor
Page No. at
Response
which
ANNEXURE-1: Other Clauses
[Yes/No]
details are
enclosed
Whether Cost of the Tender document (Demand
Draft payable at Kolkata) is submitted along with
the Part A-Conformity to Eligibility Criteria?
Whether EMD / Bank guarantee Submitted in the
Part A- Conformity to Eligibility Criteria?
Whether the Bid is authenticated by authorized
person? Copy of Power of Attorney or
Authorization letter from the company authorizing
the person to sign the bid document to be
submitted in Part A-Conformity to Eligibility Criteria.
9
10
Whether replica of price Bid is enclosed in Part BTechnical Proposal masking the price?
Whether the following clause is agreed?
If any of the deliverable product, mainly, Hardware,
software, Service/Support etc. has both VAT and
Service Tax, the bidder has to indicate the Goods
component with percentage of VAT and Service
Component with service Tax involved. The Goods
Component + Service Component should be
limited to 100% of the Cost Price. For example, if
Goods Component is 60% then, the Service
Component cannot be more than 40%.
11
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12
13
Vendors to verify the above checklist and ensure accuracy of the same before submission of
the bid.
Date:
Note: It must be ensured that Authorization letter as per format ANNEXURE-4 is carried in
person and has not been placed inside any of the bid covers.
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ANNEXURE-2
Eligibility Criteria Declaration
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8.
9.
10.
11.
12.
13.
14.
15.
Dated:07.06.2014AllahabadBankeDelChannels
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The bidder should have both primary
and DR centre fully audited and
16. complied with VISA/ MasterCard/
NPCI guide lines. If it is not so,
process may be completed with in
three months from the date of award
of tender.
The Bidder should have its own EAS /
17. MIP / NFS connectivity in its premises
to provide the necessary connectivity
to the Bank for routing VISA / Master
Card / NPCI transactions
We confirm that the information furnished above is true and correct. We also note that, if there
are any in consistencies in the information furnished above, the bid is liable for rejection.
Date:
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ANNEXURE-3
Bid Covering letter format
Reference No:
Date:
Dated: 07.06.2014
Having examined the tender document including all Annexures, the receipt of which is hereby
duly acknowledged, we, the undersigned, offer solution for Setup, Manage and Operate
Merchant Acquiring Business through POS on Monthly Rental Model in conformity with the said
tender in accordance with the schedule of prices indicated in the commercial offer and made
part of this offer.
We agree to abide by this offer till 180 days from the date of opening of Indicative Commercial
Bid.
We accept all the Instructions, Terms & Conditions and Scope of Work of the subject RFP.
We understand that the Bank is not bound to accept the lowest or any offer the Bank may
receive, without assigning any reason whatsoever.
Date:
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Annexure - 4
Authorization letter format
(To be presented by the authorized person at the time of Technical / Indicative Commercial Bid
Opening on the letter head of Bidder and should be signed by an Authorized Signatory with
Name and Seal of the Company)
Ref No:
Date:
The Assistant General Manager
Allahabad Bank,
e-Delivery Channels,
Deptt of Information Technology
2, Netaji Subhash Road
Kolkata 700 001
Dear Sir,
Sub: RFP to Set up, Manage and Operate Merchant Acquiring Business through POS on
Monthly Rental Model.
Ref: Your RFP HO/DIT/E-Del/POS/2014-15/RFP-02
Dated: 07.06.2014
_______________________________
Specimen Signature of Representative
_______________________________
Signature of Authorizing Authority
_______________________________
Name & Designation of Authorizing Authority
NOTE: This Authorization letter is to be carried in person and shall not be placed
inside any of the bid covers.
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ANNEXURE-5
Applicants Profile
Particulars
Sl. No
A
1.
2.
Constitution
3.
Date of Establishment/Incorporation
4.
5.
Telephone No FAX No
E-mail Address Website
Gross Annual Turnover of the Bidder (Audited)
6.
Details
2012-2013
2013-2014
If audited Financial Statement is not available for 2013-14,audited
financial statements for 2011-12 should be submitted along with
provisional financial statement for 2013-14
7.
8.
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Our Bank Details
Name and Style of Bank Account
Name of the Bank and Branch address
Account Number
RTGS / NEFT Code
9.
10.
11.
12.
13.
Name of the team leader identified for this assignment and their
professional qualifications and experience / expertise
Details of similar assignments handled by the said team leader.
Documentary proofs for all the assertions are to be enclosed.
Date:
14.
15.
16.
[Note: These details should be on the letter head of Bidder and should be signed by
an Authorized Signatory with Name and Seal of the Company]
The Bidder should provide detailed responses for each of the above items along with
documentary proofs.
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ANNEXURE-6
Non-Disclosure Agreement
(To be given on the Companys Letter Head)
WHEREAS, we, _________________________________
having Registered Office at _______________________ , hereinafter referred to as
the Bidder, are agreeable to provide IT Infrastructure services to Allahabad Bank, having its
Head Office at 2, Netaji Subhash Road, Kolkata hereinafter referred to as the BANK and,
WHEREAS, the Bidder understands that the information regarding the Banks IT Infrastructure
shared by the BANK in their Request for Proposal is confidential and/or proprietary to the
BANK, and
WHEREAS, the Bidder understands that in the course of submission of the offer for Selection of
vendor to Set up, Manage and Operate Merchant Acquiring Business through POS on Monthly
Rental Model and/or in the aftermath thereof, it may be necessary that the Bidder may perform
certain jobs/duties on the Banks properties and/or have access to certain plans, documents,
approvals or information of the BANK; NOW THEREFORE, in consideration of the foregoing,
the Bidder agrees to all of the following conditions, in order to induce the BANK to grant the
Bidder specific access to the BANKs property/information. The Bidder will not publish or
disclose to others, nor, use in any services that the Bidder performs for others, any confidential
or proprietary information belonging to the BANK, unless the Bidder has first obtained the
BANKs written authorization to do so.
The Bidder agrees that notes, specifications, designs, memoranda and other data shared by
the BANK or, prepared or produced by the Bidder for the purpose of submitting the offer to the
BANK for the said solution, will not be disclosed to during or subsequent to submission of the
offer to the BANK, to anyone outside the BANK.
The Bidder shall not, without the BANKs written consent, disclose the contents of this Request
for Proposal (Bid) or any provision thereof, or any specification, plan, pattern, sample or
information (to be) furnished by or on behalf of the BANK in connection therewith, to any
person(s) other than those employed/engaged by the Bidder for the purpose of submitting the
offer to the BANK and/or for the performance of the Contract in the aftermath. Disclosure to any
employed/engaged person(s) shall be made in confidence and shall extend only so far as
necessary for the purposes of such performance.
Date:
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ANNEXURE-7
Technical Bid Covering letter Format
The Assistant General Manager
Allahabad Bank,
e-Delivery Channels,
Deptt of Information Technology
2, Netaji Subhash Road
Kolkata 700 001
Sub: RFP to Set up, Manage and Operate Merchant Acquiring Business through POS on
Monthly Rental Model.
Ref: Your RFP HO/DIT/E-Del/POS/2014-15/RFP-02 Dated: 07.06.2014
We have carefully gone through the contents of the above referred RFP and furnish the
following information relating to Technical Bid/Specification.
Sl
Particulars
No
1
Details of:
Description of business and business
background Service profile & Client profile
Details to be furnished
by the Bidder
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Conformity
regarding
back
arrangements with third party
to
back
software for providing continuous and uninterrupted support to meet SLA obligations
as per RFP Terms.
Declaration:
a.
We confirm that we will abide by all the terms and conditions contained in the RFP.
b.
We hereby unconditionally accept that Bank can at its absolute discretion apply
whatever criteria it deems appropriate, not just limiting to those criteria set out in the RFP, in
shortlisting of bidders.
c.
All the details mentioned by us are true and correct and if Bank observes any
misrepresentation of facts on any matter at any stage, Bank has the absolute right to reject the
proposal and disqualify us from the selection process.
d.
We confirm that we have noted the contents of the RFP and have ensured that there
is no deviation in filing our response to the RFP and that the Bank will have the right to
disqualify us in case of any such deviations.
Date:
Signature with Seal:
Name:
Designation:
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ANNEXURE-8
Dated: 07.06.2014
Date:
Name of the
client
Contact persons
name, Tel no and
address
ANNEXURE-9 :
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Dated: 07.06.2014
Item
1.
2.
3.
4.
Operations team
5.
6.
7.
8.
9.
Details
The Bidder should provide detailed responses for each of the above items along with
documentary proofs.
Date:
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ANNEXURE: 10
Technical Specifications
Mandatory Requirements
(Bidders have to provide their response on the following Conditions/Business
conditions only inYesor No)
A. Certification/Compliance/Regulatory/Hardware/SDK Requirements
Condition
EMVCertification
PCIApproval
RegulatoryMandates
Description
TheterminalisEMVcompliant(minimum standard
isEMV4.0forL1&L2).Thebidderwillhavetobean
EMVCoapprovedServiceProvider.
TheterminalmeetsthelatestPCImandates for
PCIDSS,PADSS,PCIPADSS,PCIPTSandPCIPEDe.g.
PCI3.0&PCIPTS3.1
Theterminalmeetsalltheregulatory
requirementslikePINprompting,DUKPT,TLEetc.
Response
YES/NO
YES/NO
YES/NO
DESEncryption
3DESEncryptionsupported
YES/NO
Display
YES/NO
B. Functionality Requirements:
Business Condition
Definition
Chip transactions
Swiped transactions
Keyed transactions
Online Authorization
Purchase(Sale)
Refund
Void
Cash back/
Cash @POS
Response
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
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Referral handling,
(Force transactions)
Tip handling
Dated:07.06.2014AllahabadBankeDelChannels
YES/NO
YES/NO
Edit Password
Edit Terminal ID
Password protected?
Edit Date
YES/NO
Software Download
Through RTM
YES/NO
Multi-Application
YES/NO
Multi Merchant
Retrieval of Charge
slip
YES/NO
YES/NO
YES/NO
YES/NO
Remote Monitoring
YES/NO
Capability to provide
Terminal
Application
YES/NO
Dash Boards
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
Web-based Solution
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Annexure 10(A)
Parameters&Marks
DirectVAP/MIPConnectivity
Available20
ThroughOtherVendors10
AbilitytoprovideMISonActiveTerminals/NonActive
Terminals
NextDay10
DayafterNextDay05
Others0
OwnershipoffullyCertifiedSwitchforroutingof
transactionstoCardSchemes
RespondentownsfullycertifiedSwitch10
RespondentdonotownfullycertifiedSwitch00
(ifswitchisownedinhouse,providedetailsofswitch
likemake,model,capabilityintermsofprocessingof
transactionspersecondetc.withsupporting
documents)
AvailabilityOfFraudRiskManagementTool
Available10
NotAvailable00
(CertificatefromAcquiringBank,utilizingyourServices)
etc.)
ExistingInstalledbaseofPOSterminals,beingmanagedbythe
respondents
>=10000PSTN/GPRSwith>=3yearsvintageand>=500MPOS
Terminalswith1yearvintage20
>=5000PSTN/GPRSwith>=3yearsvintageand>=500MPOS
Terminalswith1yearvintage15
>=10000PSTN/GPRSwith<3yearsvintageand>=500MPOS
Terminalswith1yearvintage10
>=5000PSTN/GPRSwith<3yearsvintageand>=500MPOS
Terminalswith1yearvintage05
(ProvideCertificatefromtheAcquiringBank)
FieldServiceCenters
FieldServiceCenters>=2010
FieldServiceCenters>=10<2008
FieldServiceCenters<1005
(Provideasselfdeclarationthenumberoffieldservice
centersPayroll,havingnecessaryexpertisetoinstall&
maintainthePOSterminalsandmerchanttraining)
Max.marks
20
10
10
10
20
10
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ValueAddedServices(VAS)
BillPayment02(Yes/No)
MobileTopup02(Yes/No)
Cash@POS02(Yes/No)
DTHRecharge02(Yes/No)
OthersServices(Specify)02(Yes/No)
NoVASisavailable00(Yes/No)
(ProvideasselfdeclarationthedetailsofVASthatcan
bereadilyofferedbytheRespondent)
CustomerRelationshipandComplaintManagement:
CallCenter
CallCentrewith>10employees&autocalllogisavailable05
CallCentrewith<10employees;autocalllogisnotavailable00
(Provideasselfdeclaration,thedetailsofCallCenter,if
any,beingmanagedbytheRespondent,containinginter
aliathenumberofemployeesandtechnologydriven
servicese.g.automaticcalllogetc.availablethereat.)
WebbasedSolutionincludingdashboardforretrievalof
chargeslips,MIStolodgecomplaints,inventory
management,txn.Historyretrieval,analyticssupport
etc.
Available05
NotAvailable00
(Provideasselfdeclaration,theservicesofferedby
websolutione.g.retrievalofchargeslip,view&printing
oftransactiondetails,MISreports.)
Total
10
10
100
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ANNEXURE-11
COMPLIANCE STATEMENT
Sub: RFP to Set up, Manage and Operate Merchant Acquiring Business through POS on
Monthly Rental Model.
Ref: Your RFP HO/DIT/E-Del/POS/2014-15RFP-02
Dated: 07.06.2014
DECLARATION
We understand that any deviations mentioned elsewhere in the bid will not be considered and
evaluated by the Bank. We also agree that the Bank reserves its right to reject the bid, if the bid
is not submitted in proper format as per subject RFP.
Compliance
Description
Technical
Specifications
Scope of Work
Compliance
(Yes / No)
Remarks /
Deviations
(If left blank it will be construed that there is no deviation from the specifications given above)
Date:
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ANNEXURE-12
Undertaking Letter Format
We understand that Bank shall be placing Order to the Selected Bidder exclusive of taxes.
Since EDC Machines are to be supplied/ maintained and end to end service shall be provided
by the bidder on Monthly Rental basis, Service Tax will be paid at actual basis on submission of
service tax registration number along with monthly invoices.
We agree to the payment schedule as per Payment Terms of the RFP.
Date:
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ANNEXURE-13
ESCALATION MATRIX
Name of the Company:
Delivery Related Issues
Name
Designation
Full Office
Address
Phone
Mobile
No.
No.
Full Office
Address
Phone
Mobile
No.
No.
level
(If
not
in 24
Regional/Zonal
Head (If response
not recd in 48
Hours)
Country Head (If
response not recd
in One week)
Service Related Issues
Name
Designation
level
(If
not
in 24
Regional/Zonal
Head (If response
not recd in 48
Hours)
Country Head (If
response not recd
in One week)
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Designation:
ANNEXURE-14
Covering letter format for Indicative Commercial Bid
[Note: This Covering letter should be on the letter head of Bidder and should be signed by an
Authorized Signatory with Name and Seal of the Company]
Reference No.:
Date:
To
The Assistant General Manager
Allahabad Bank,
e-Delivery Channels,
Deptt of Information Technology
2, Netaji Subhash Road
Kolkata 700 001
Dear Sir,
Sub: RFP to Set up, Manage and Operate Merchant Acquiring Business through POS on
Monthly Rental Model.
Ref: Your RFP HO/DIT/E-Del/POS/2014-15/RFP-02
Dated: 07.06.2014
We thank you for providing us an opportunity to participate in the subject RFP. Please find our
indicative commercial offer as per ANNEXURE-15 Indicative Commercial bid format of the
subject RFP along with this covering letter.
We also confirm that we are agreeable to the payment schedule mentioned in the subject RFP.
Date:
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ANNEXURE-15
Having examined the Bidding Documents, the receipt of which is hereby duly acknowledged,
we, the undersigned, submit our Indicative Price Bid for different items in conformity with the
said Bidding documents as under:
Item-1
Sr.No.
1
2
3
Activity
Mobile POS
PSTN POS
GPRS POS
Make/Model
Item-2:
Sr.No.
1
Activity
Per TID monthly Charges for performing
activities as detailed in Scope of Work
Service Provider will not recover any charge either from the Merchant or Bank except
above.
(Signature)
(Name)
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ANNEXURE - 16
SLA Terms & Conditions for Supply, Deployment and Maintenance of
POS Terminals and Delivery of Services
1.
T
he Service Provider warrants that the Product/POS Terminals supplied under
the Contract are new, unused, of the most recent or current model and they
incorporate all recent improvements in design and / or features. The Service
Provider further warrants that all the Products supplied under this Contract
shall have no defect, arising from design or from any act of omission of the
Service Provider that may develop under normal use of the supplied
products in the conditions prevailing in India.
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PROVIDER shall keep sufficient stock of spares at the premises of The
SERVICE PROVIDER.
c) The maximum response time for a maintenance complaint from the site of
installation (i.e. time required for Service Provider's maintenance
engineers to report to the installations after a request call / fax /e-mail is
made or letter is written) shall not exceed 4 (four) hours.
d) The SERVICE PROVIDER shall ensure that faults and failures intimated
by Bank as above are set right within 6 (six) hours of being informed of
the same. In any case the equipment should be made workable and
available not later than the Next Business Day.
e) The SERVICE PROVIDER shall ensure that the full configuration of the
equipment is available to the Merchant in proper working condition viz.
uptime of 98% in Metro and urban centres and 96% in other centres on a
24x7x365 basis.
f) Penalty:
a. The Service Provider shall be charged penalty for not adhering to the
time schedule of delivery at the rate of Rs. 100/- per w e e k for POS
terminal, subject to a cap of 5% of the value of terminals (Notional
Value of the terminals to be indicated by the bidder in the bill of
material.
b. Penalties at the rate of Rs 100 for POS will apply in case the POS is
down for more than 24 hours in metro and urban areas, more than 48
hours in a semi-urban and rural area. These penalties will be applicable
if terminal is not working because of any reason attributable to the
service provider / bidder which could, inter-alia, include malfunctioning
of the POS machine, non-availability of consumables, non- operation of
Server of the service provider, or due to deficiency or non-availability of
services as stated in the scope of work. The Service Provider may
provide temporary equivalent replacement as a workable solution to
avoid the above penalty.
c. Bidder should maintain an uptime of 98% in Metro and urban centres
and 96% in other centres to be computed on a monthly basis. Penalty
for each percentage point lower than the SLA uptime would attract a
penalty of 0.5% of the billing amount for the month.
d. In case of loss to the Bank due to delay in uploading settlement files to
respective network beyond cut-off time, the service provider has to
compensate the Bank for the losses at prevailing Repo Rate.
e. For purpose of calculating penalty, uptime is calculated as under:
Uptime (%) = (Sum of total hours during month - Sum of downtime
hours during month X 100) Sum of total hours during the month
Total hours during the month = No. of working days x 12
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9. No term or provision hereof shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the
party claimed to have waived or consented. Any consent by any party to or
waiver of a breach by other, whether express or implied, shall not constitute
a consent to or waiver of or excuse for another different or subsequent
breach.
10. If, in any month, the SERVICE PROVIDER does not fulfill the provisions of
clauses (b), (c), (d), (e) and (h) only the proportionate maintenance charges
(50% of monthly charges payable to Service Provider for that POS Terminal)
for that period during the month will be considered payable by Bank without
prejudice to the right of the Bank to terminate the contract. In such event the
SERVICE PROVIDER was credited without deducting the proportionate
maintenance charges for that month, the Bank can deduct the same from
future payments payable or the SERVICE PROVIDER shall refund the
amount forthwith to Bank on demand by Bank.
11. On account of any negligence, commission or omission by the engineers of
the SERVICE PROVIDER and if any loss or damage caused to the
Equipment, the SERVICE PROVIDER shall indemnify/pay/reimburse the
loss suffered by the BANK.
12. Future additions of Hardware / Software:
Any future addition/ up gradation of Hardware and software on account of
directives of Regulatory authority/ other bodies have to be complied with in
set time frame at no additional cost..
13. CONFIDENTIALITY:
13.1 The SERVICE PROVIDER acknowledges that all material and
information which has and will come into its possession or knowledge
in connection with this agreement or the performance thereof,
whether consisting of confidential and proprietary data or not, whose
disclosure to or use by third parties may be damaging or cause loss
to Bank will all times be held by it in strictest confidence and it shall
not make use thereof other than for the performance of this
agreement and to release it only to employees requiring such
information, and not to release or disclose it to any other party. The
SERVICE PROVIDER agrees to take appropriate action with respect
to its employees to ensure that the obligations of non-use and nondisclosure of confidential information under this agreement are fully
satisfied. In the event of any loss to the Bank in divulging the
information by the employees of the SERVICE PROVIDER, the bank
shall be indemnified. The SERVICE PROVIDER agrees to maintain
the confidentiality of the Banks information after the termination of the
agreement also.
13.2 The SERVICE PROVIDER / Bank will treat as confidential all data
and information about the SERVICE PROVIDER /Bank / Contract,
obtained in the execution of this tender including any business,
technical or financial information, in strict confidence and will not
reveal such information to any other party.
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Annexure - 17
CONTRACT FORM
Non-Judicial Stamp Paper of appropriate value
CONTRACT NUMBER:
THIS AGREEMENT made the _________ day of ______, 20___ Between __________ (Name of
Selected Vendor) of ____________ (City and Country of Vendor) (hereinafter the Vendor) of
the one part and ALLAHABAD BANK (address)(hereinafter the Purchaser) of the
other part.
WHEREAS the Bank is desirous that certain hardware, software & ancillary services should be
provided by the Vendor, viz. ________________ ________________ (Brief description) and has
accepted a bid by the Vendor for supply of Hardware, software and services to meet its
requirement from time to time.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz. :
(a) The RFP to Setup Manage and Operate Merchant Acquiring Business through POS on
Monthly Rental Model.
(b) The Bid form and price schedule submitted by the bidder and subsequent amendments
made into it as accepted by the bank.
(c)
Letter of Intent
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for procurement and services that will be placed by Head Office of the Purchaser are as under:
Software/Hardware/Produ SERVICES
cts
(As per Purchase order) Supply, Installation & maintenance of POS Terminals
and provide other services as detailed in Annexure.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written.
Signed, sealed and Delivered by the
Said ________________________ (For the Vendor) in presence of _______________________
Signed, sealed and Delivered by the
Said ________________________ (For the Purchaser) in presence of ______________________
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Annexure to Contract
TERMS AND CONDITIONS OF CONTRACT (TCC)
1.
Definitions : In this Contract, the following terms shall be interpreted
as indicated:
1.1 The Bank means Allahabad Bank having its registered office at
2,N.S.Road, Kolkata - 700001 located in India and abroad.
1.2 The Contract means the agreement entered into between the Bank
and the Service Provider, as recorded in the Contract Form signed by
the parties, including all attachments and appendices thereto and all
documents incorporated by reference therein;
1.3 Service Provider/Respondent/Bidder is the successful Bidder whose
technical bid has been accepted and whose price as per the reverse
auction is the lowest and to whom notification of award has been
given by Bank.
1.4 The Contract Price means the price payable to the Service Provider
under the Contract for the full and proper performance of its
contractual obligations;
1.5 The Equipment/Mobile POS/PSTN POS/GPRS POS Terminal
means all the hardware / software of Mobile POS,PSTN and GPRS
POS and attachment (Dongle/Device for Swiping/Inserting/Tapping
the Cards for making the payment), Secured SIM and / or services
which the Service Provider is required to provide to the Bank under
the Contract
1.6 The Services means Supply, Deployment and Maintenance of POS
Terminals at merchant locations and delivery of end to end Services
as mentioned in Scope of Work which the Service Provider is
required to provide to the Bank including the ancillary to the supply of
the Products, such as transportation and insurance, installation,
commissioning, customization, provision of technical assistance,
training, maintenance and other such obligations of the Service
Provider covered under the Contract;
1.7 TCC means the Terms and Conditions of Contract contained in this
section;
1.8 The Project means the completion of all the services, end to end, as
envisaged in this document.
1.9 The Project Site means various Merchant Establishments and
branches / offices of the Allahabad Bank in India and abroad, as
defined in para 4.1.1, where the services are to be provided.
1.10In case of a difference of opinion on the part of the Bidder in
comprehending and/or interpreting any clause / provision of the Bid
Document after submission of the Bid, the interpretation by the Bank
shall be binding and final on the Bidder.
2. Country of Origin / Eligibility of Goods & Services
2.1 All goods and related services to be supplied under the Contract shall
have their origin in eligible source countries, as per the prevailing
Import Trade Control Regulations in India.
2.2 For purposes of this clause, origin means the place where the goods
are mined, grown, or manufactured or produced, or the place from
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which the related services are supplied. Goods are produced when,
through manufacturing, processing or substantial and major assembly
of components, a commercially-recognized product results that is
substantially different in basic characteristics or in purpose or utility
from its components.
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appropriate, the remoteness of the Products final destination and the
absence of heavy handling facilities at all transit points.
6.2 Supply, Deployment and Maintenance of POS Terminals at merchant
locations and delivery of Services as mentioned in Scope of Work
shall be provided by the Service Provider in accordance with the
system approved / ordered.
7 Delivery & Documentation for the system & other software
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9 Payment Terms
9.1 Payment shall be made in Indian Rupees.
9.2 Payment will be released within 30 days from the date of receipt of
Invoice, installation report and other MIS as mutually agreed, after
delivery of all the necessary Services to the Bank e.g. installation of
POS terminals on merchant location, imparting adequate training to
merchants/merchants representative, supply of paper rolls and
consumables etc. by the Service Provider/respondent.
9.3 Effective date for calculation of rent shall be the date of installation of
POS terminals.
9.4 Payments will not be released for any part delivery of Services
10. Prices
10.1 Prices payable to the Service Provider as stated in the Contract shall
be firm and not subject to adjustment during performance of the
Contract, irrespective of reasons whatsoever, including exchange rate
fluctuations, changes in taxes, duties, levies, charges, etc.
10.2 The Bidder will pass on to the Bank, all fiscal benefits arising out of
reductions, if any, in Government levies viz. sales tax, excise duty,
custom duty, etc. or the benefit of discounts if any announced in
respect of the cost of the items for which orders have been placed
during that period.
10.3 The Bank reserves the right to re-negotiate the prices in the event of
change in the international market prices.
11. Change Orders
11.1 The Bank may, at any time, by a written order given to the Service
Provider, make changes within the general scope of the Contract.
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11.2 If any such change causes an increase or decrease in the cost of, or
the time required for the Service Providers performance of any
provisions under the Contract, an equitable adjustment shall be made
in the Contract Price or delivery schedule, or both, and the Contract
shall accordingly be amended. Any claims by the Service Provider for
adjustment under this clause must be asserted within thirty (30) days
from the date of Service Providers receipt of Banks change order.
12. Contract Amendments:
No variation in or modification of the terms of the Contract shall be made,
except by written amendment, signed by the parties.
13.
Assignment:
The Service Provider shall not assign, in whole or in part, its obligations to
perform under the Contract, except with the Banks prior written consent.
14.
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18.3
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any position other than that expressly stipulated in the Agreement.
18.4
18.5
18.6
18.7
18.8
18.9
19. Negligence:
In connection with the work or contravenes the provisions of General
Terms, if the selected bidder neglects to execute the work with due
diligence or expedition or refuses or neglects to comply with any
reasonable order given to him in writing by the Bank, in such
eventuality, the Bank may after giving notice in writing to the selected
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21
22
Resolution of Disputes:
22.1 The Bank and the Service Provider shall make every effort to resolve
amicably by direct informal negotiation, any disagreement or dispute
arising between them under or in connection with the Contract.
22.2 If, the Bank and the Service Provider have been unable to resolve
amicably a Contract dispute even after a reasonably long period,
either party may require that the dispute be referred for resolution to
the formal mechanisms specified herein below. These mechanisms
may include, but are not restricted to, conciliation mediated by a third
party and/or adjudication in an agreed national forum.
22.3 The dispute resolution mechanism to be applied shall be as follows:
(a) In case of Dispute or difference arising between the Bank and the
Service Provider relating to any matter arising out of or connected
with this agreement, such disputes or difference shall be settled
in accordance with the Arbitration and Conciliation Act, 1996.
Where the value of the Contract is above Rs.1.00 Crore, the
arbitral tribunal shall consist of 3 arbitrators, one each to be
appointed by the Purchaser and the Service Provider. The third
Arbitrator shall be chosen by mutual discussion between the
Purchaser and the Service Provider. Where the value of the
contract is Rs.1.00 Crore and below, the disputes or differences
arising shall be referred to a Sole Arbitrator who shall be
appointed by agreement between the parties.
(b) Arbitration proceedings shall be held at Kolkata and the language
of the arbitration proceedings and that of all documents and
communications between the parties shall be English;
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(c) The decision of the majority of arbitrators shall be final and binding
upon both parties. The cost and expenses of Arbitration
proceedings will be paid as determined by the arbitral tribunal.
However, the expenses incurred by each party in connection with
the preparation, presentation, etc., of its proceedings as also the
fees and expenses paid to the arbitrator appointed by such party
or on its behalf shall be borne by each party itself; and
23
Governing Language:
The governing language shall be English.
24
Applicable Law:
The Contract shall be interpreted in accordance with the laws applicable in
India and shall be subject to the exclusive jurisdiction of courts at Kolkata
25
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are chargeable under the laws and regulations for the time being in
force, and the Service Provider shall perform such duties in regard to
such deductions thereof as may be imposed on him by such laws and
regulations.
27 Scope of Work As per clause 8 of the RFP
28 Service Providers obligations
28.1 The Service Provider is responsible for and obliged to conduct all
contracted activities in accordance with the contract using state-of-theart methods and economic principles and exercising all means
available to achieve the performance specified in the Contract.
28.2 The Service Provider is obliged to work closely with the Banks staff,
act within its own authority and abide by directives issued by the Bank
and implementation activities. The Service Provider will abide by the job
safety measures prevalent in India and will free the Bank from all
demands or responsibilities arising from accidents or loss of life, the
cause of which is the Service Providers negligence. The Service
Provider will pay all indemnities arising from such incidents and will not
hold the Bank responsible or obligated.
28.5 The Service Provider is responsible for managing the activities of its
personnel or sub-contracted personnel and will hold itself responsible
for any misdemeanors.
28.6 The Service Provider will treat as confidential all data and information
about the Bank, obtained in the execution of his responsibilities, in strict
confidence and will not reveal such information to any other party
without the prior written approval of the Bank.
29 Patent Rights/Intellectual Property Rights:
In the event of any claim asserted by a third party of infringement of
trademark, trade names, copyright, patent, intellectual property rights or
industrial design rights arising from the use of the Products or any part
thereof in India, the Service Provider shall act expeditiously to extinguish
such claim. If the Service Provider fails to comply and the Bank is required
to pay compensation to a third party resulting from such infringement, the
Service Provider shall be responsible for the compensation including all
expenses, court costs and lawyer fees. The Bank will give notice to the
Service Provider of such claim, if it is made, without delay.
*******
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Annexure18
Sl.
No.
Type
1 MPOS
2 GPRS
3 PSTN
AverageRent
Rentforotherservicesper
6 TID
CeilingRentforOther
7 Services
1000
3500
5500
200
8 CeilingforReverseAuction
%POSRentperterminalto
9 TotalRent
%RentforOtherServices
10 perTIDtoTotalRent
RatesquotedbyBiddersin
11
ReverseAuction
Nos
Ceiling
MonthlyTerminal Rentfor
Rent
Reverse
A B
C D Auction
150 175 200 190
150
550 600 530 650
530
250 225 220 210
210
345 351 327 362
316
12 SuccessfulBidder
13 SuccessfulBidAmount
MonthlyRentforother
14 Services
MonthlyRentforPOS
15 Terminals
FinalRatesforD
MonthlyRentforother
16 Services
17 MonthlyRentforMPOS
18 MonthlyRentforGPRS
19 MonthlyRentforPSTN
Note:
516
61.24%
38.76%
D
510
198
312
198
164
560
181
RentforPOSTerminalsquotedbysuccessfulBidderDinindicative
commercialbidhasbeentakenintoconsiderationforfinalbreakup
formonthlyrentofdifferentterminalsinaboveexample.
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Annexure- 19
1. Definition
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delay in access to web portal irrespective of the cause.
For making the process of E-Tendering and its result legally binding on the participating
Bidders, Service Provider will enter into an agreement with each Bidder, without this Bidder
will not be eligible to participate in the E-Tendering.
Neither Bank nor service provider would be responsible for consequential damages such as no
power supply, system problem, inability to use the system, loss of electronic information,
power interruptions, UPS failure, or any force majeure etc.
Errors and Omissions
On any issue or area of material concern in respect of E-Tendering not specifically dealt with in
these Business Rules and Terms & conditions of E-Tendering, the decision of the bank shall be
final and binding on all concerned.
3.
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TRANSPARENCY IN BIDS:
Bidder will be able to view the following on their screen along with the necessary fields in
Online Reverse Auction:
i) Opening/ Starting Price for the auction
ii) Leading / Lowest Bid Price in Auction
iii) Last Bid Price placed by the respective Bidder
iv) Time left for the auction
MASKING OF NAMES:
Names of bidders/ vendors shall be anonymously masked in the Online Reverse Auction
process. After completion of online Reverse Auction, the service provider shall submit a report
to the Bank with all details of bid and the original names of the bidders.
Finalization of the Successful Bidder:
At the end of Online Reverse Auction event Service Provider will provide the Bank all necessary
details of the bid prices and reports of Online Reverse Auction.
After the completion of the Auction event, all the Bidders have to re-submit the within 3
working days of online Reverse Auction without fail.
Any variation between the online Reverse Auction bid price of the bidder and signed document
submitted by them will be considered as sabotaging the tender process and will invite
disqualification of Bidder/vendor to conduct business with Bank as per prevailing procedure.
4. Bidders Obligation:
Bidder shall not involve himself or any of his representatives in Price manipulation of any kind
directly or indirectly with other suppliers / Bidders at any point of time. If any such practice
comes to the notice, Bank shall disqualify the vendor / bidders concerned from the online
reverse auction process.
Bidder shall not divulge either his Bid details or any other details of Bank to any other party
without written permission from the Bank.
5. Change in Business Rules, Terms & Conditions of E tendering:
Bank reserves the right to modify / withdraw any of the Business rules, Terms & conditions of
Reverse Auction at any point of time.
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APPENDIX A
Instructions to be noted while preparing/submitting Part A- Conformity to
Eligibility Criteria
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APPENDIX-B
Instructions to be noted while preparing/submitting Part B-Technical
Proposal
The Technical Proposal should be made in an organized, structured, and neat
manner. Brochures/leaflets etc. should not be submitted in loose form. All the
pages of the submitted bids should be filed and paginated (serially numbered)
with seal and signature of the authorized signatory. Technical Offer for this RFP
shall be made as under:
1.
Index of the entire document submitted with page numbers.
2.
Technical bid covering letter as per Annexure-7
3.
Track Record as per Annexure-8
4.
Proposed Team Profile as per Annexure-9
5.
Compliance to Technical Specifications Functionalities as per
Annexure-10
6.
Compliance Table. This table must cover bidders response to all the
Technical Specification, terms and conditions and Scope of Work specified in the
offer document (Terms and Conditions)as per annexure-11.
7.
Undertaking letter as per Annexure-12
8.
Escalation Matrix as per Annexure-13
9.
Masked price bid of Indicative Commercial Bid as per Annexure-15
10.
Ownership letter by the bidder. (Undertaking letter by the bidder taking
the ownership of the project execution in case third party also involved in project
execution either fully or partially. The bidder shall also submit the ownership
certificate issued by the third party clearly mentioning the extent of ownership.)
11.
Undertaking letter by the bidder for providing technical Advisory,
service Support and guidance during contract period.
12.
The bidder should submit an undertaking letter that they will provide
necessary software with latest version and any third party licenses with latest
version required for the implementation of the Solution. The charges for the
above should be factored in Indicative Commercial Bid, otherwise the Bid is
liable for rejection. Changes in the Indicative Commercial Bid by the bidder will
also be liable for rejection.
13.
Technical Documentation (Product Brochures, leaflets, manuals,
drawings).
14.
A detailed list of the other Infrastructure required and any other
precautions to be undertaken should be given in detail along with the Technical
Proposal.
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APPENDIX-C
Instruction to be noted while preparing/submitting Part C-Indicative Commercial Bid
The Indicative Commercial Bid should be made in an organized, structured, and neat manner.
Brochures / leaflets etc., should not be submitted in loose form. All the pages of the submitted
bids should be filed and paginated (serially numbered) with seal and signature of the authorized
signatory.
The suggested format for submission of commercial Offer for this RFP is as follows:
1.
2.
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APPENDIX-D
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The VENDEE shall have the fullest liberty, without affecting the guarantee to postpone from
time to time the exercise of any powers vested in them or of any right which they might have
against the VENDOR and to exercise the same at any time in any manner, and either to
enforce or to forbear to enforce any covenants, contained or implied in the CONTRACT
between the VENDEE and the VENDOR or any other course or remedy or security available to
the VENDEE and the BANK shall not be released of its obligations/ liabilities under these
presents by any exercise by the VENDEE of his liberty with reference to the matters aforesaid
or any of them or by reasons of any other act or forbearance or other acts of omission or
commission on part of the VENDEE or any other indulgence shown by the VENDEE or by any
other matter or thing whatsoever which under law would, but for this provision, have the effect
of relieving the Bank Guarantee. The Bank further undertakes not to revoke this guarantee
during its currency without the previous consent of the VENDEE.
The Bank further agrees that decision of the VENDEE as to the failure on the part of the
VENDOR to fulfil their obligations as aforesaid and/ or as to the amount payable by the BANK
to the VENDEE hereunder shall be final, conclusive and binding on the BANK.
The Bank also agrees that the VENDEE shall be entitled at his option to enforce this guarantee
against the BANK as a principal debtor, in the first instance notwithstanding any other Security
or guarantee that it may have in relation to the VENDORs liabilities.
This guarantee will not be discharged due to the change in the constitution of the BANK or the
VENDOR(S).
Notwithstanding anything contained herein:
a. _________________ Our liability under this bank guarantee shall not exceed Rs(in
words)
b. _________________ This bank guarantee shall be valid for .. years and . Days
(Claim Period)
c. _________________ We are liable to pay the guaranteed amount or under this bank
guarantee only and only if you serve upon us a written claim or demand on or before
..
We have the power to issue Performance Guarantee in your favour by statute and the
undersigned has full power to execute Performance Guarantee under the Power of Attorney
to him by the Bank.
Dated this ;. day of 2014
For and on behalf of
Signature
Printed Name .
Designation
Staff Code No. .
Bank Seal .
Place: .
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APPENDIX-E
Bank Guarantee Format for Earnest Money Deposit
To
.
.
.
WHEREAS ___________________
submitted its tender dated ________
____________________________
favour of _____________________
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Dated ________ day of ____________________ 2014.
SIGNATURE & SEAL OF THE BANK
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