REQUEST FOR PROPOSAL FOR SELECTION OF VENDOR FOR ... · 17,2017-18 ) Audited Financial Statements (and Annual Reports, if applicable) for the last three financial years, viz. FY 2015-16

Page 1 of 73 Automation of Audit Function (AAF)

REQUEST FOR PROPOSAL

FOR

SELECTION OF VENDOR

FOR

AUTOMATION OF AUDIT

FUNCTION IN THE BANK (AAF)

Tender No: PSB/HOIT/RFP/134/2018-19

Dated:01.04.2019

Head Office Information Technology Department

Bank House, 21-Rajendra Place

New Delhi-110008


INDEX

S. No. Detail Page No.

From To

1 Key Information about Tender 3 3

2 Introduction 4 4

3 Disclaimer 5 5

4 Chapter 1 – Instructions to Bidders 6 16

5 Chapter 2- Terms and Conditions 7 28

6 Chapter 3 - Scope of Work 29 34

7. Chapter4 – Functional Requirements 35 41

8. Annexure and Formats 42 80


KEY INFORMATION

Particulars Details

Tender Number PSB / HOIT/RFP/134/2018-19

Tender Title Request for proposal for Selection of vendor for Automation of Audit Function in the Bank(AAF)

Participation Fee (Non Refundable) Rs. 10,000/- (Rs. Ten Thousand Only) In form of DD/ pay order

Bid Security (EMD) Rs. 25,00,000/- (Rs. Twenty Five Lac only) In form of Bank guarantee

Bid Validity 180 days

Date of Publishing the tender on Bank’s Website

01.04.2019 11:00 Hrs

Last Date for submission of Pre-Bid Query

08.04.2019 17:00 Hrs (queries must be mailed to [email protected] only as per Annexure XII in MS-excel format quoting tender reference number in the subject)

Date and Time for Pre Bid Meeting 11.04.2019 15:00 Hrs

Last Date and time for submission of Bids

23.04.2019 15:00 Hrs

Date and Time of Opening of Technical Bids

23.04.2019 15:30 Hrs

Date and Time of Commercial Bids To be notified later to the qualifying bidders only. Place of Opening of Bids Punjab & Sind Bank

Second Floor Information Technology Department Plot No 151,Sector 44 Gurugram ,Pin 122003

Contact Persons for any clarifications/ Submission of Bids

Sh. Manoj Kumar, AGM (IT), 9811728292 Sh. Raju Das, AGM(Inspection) , 9864020707

mailto:[email protected]


INTRODUCTION

Punjab & Sind Bank, one of the leading nationalized Bank of the country, has a national presence

through a widespread network of 1500 plus branches all networked under Centralized Banking

Solution. It also has a network of more than 1200 ATM(s) spread across the country including onsite

and offsite ATMs. With more than 108 years of customer services, the Bank has a large satisfied

clientele throughout the country. For enhancing customer convenience levels and overall inter-branch

efficiency, the Bank has been a frontrunner in implementing various IT enabled products.

Currently bank manually handles the audit function in the bank. Bank is using Core Banking Solution

(Finacle version 7.0.25) for regular day to day activities. The Bank intends to appoint competent

bidder for Customization, Implementation and Operationalization of Audit software for Branches &

Offices in CBS environment. The Software must confirm to the latest guidelines issued by Ministry of

Finance (Department of Financial Services)/RBI for conducting Audit of Branches in CBS Environment.

Procurement, Implementation and Maintenance of Automation of Audit Function(AAF) with

respect to this proposal:

This RFP envisages procurement, implementation and maintenance of a suitable Automation of Audit

Function(AAF). Offers in sealed envelopes are therefore invited for procurement, implementation,

maintenance and support of comprehensive application software, system software, RDBMS, hardware

and any dependent suits, if required, for AAF.

The proposed web based Audit Automation Solution should have all the modules required in an audit process such as; Preparation & Maintenance audit & inspection related database, identification of audit unit, preparation & monitoring of audit plan, process of identification/empanelment of Internal / concurrent Auditors, Scheduling and allotment of units to the auditor/ team of auditors, generation of audit report as per check list (which covers work area such as Deposits, Credit, Credit Monitoring, Operations, Foreign Exchange, Recovery, Administration, Profitability etc.), generation of Executive summary out of complete audit report, follow up of FPR/FRC etc., Generation of due date for closure of audit & inspection report, Revenue leakage detected and recovered during current month as well as cumulative figures. Date of ZACE meeting held and pendency for holding ZACE meeting. making audit reports format (check list) available to auditors, facilitating auditors by providing data collated from various system/ solutions of the Bank including CBS, Verification by auditors and making observations of irregularities/ deviations, Risk Assessment, escalation to the other users for submission of compliance, Verification of compliance and acceptance/ rejection, Provision for multiple rejection & resubmission, collation of various audit reports. Performance evaluation of Concurrent Auditor. Migration of existing data of Internal/ Concurrent Auditors in the new solution. Software should have provision of maker & checker.


DISCLAIMER

The information contained in this RFP document or any information provided subsequently to

Bidder(s) whether verbally or in documentary form by or on behalf of the 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 is neither an agreement nor an offer and is only an invitation by Bank to the interested

parties for submission of bids. The purpose of this RFP is to provide the Bidder(s) with

information to assist the formulation of their proposals. This RFP does not claim to contain all

the information each bidder may require. Each Bidder should conduct its own investigations

and analysis and should check the accuracy, reliability and completeness of the information in

this RFP and obtain independent advice, wherever necessary. Bank makes no representation or

warranty and shall incur no liability under any law, statute, rules or regulations as to the

accuracy, reliability or completeness of this RFP. Bank may in its absolute discretion, but

without being under any obligation to do so, update, amend or supplement the information in

this RFP.

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

the Bank. No contractual obligation whatsoever shall arise from this RFP process until a formal

contract is executed by the duly authorized signatory of the Bank and the Bidder.


CHAPTER - 1

INSTRUCTIONS TO BIDDERS

1.1 Minimum Eligibility Criteria for the Bidders

The Minimum Eligibility Criteria for the bidder shall be as under:- S No. Eligibility Clause Documents Required

EC-1 The bidder must be a Limited Company/

Private Limited Company, Registered in

India under the Companies Act 1956/2013

Certificate of Incorporation &

Commencement of Business (applicable for

Public Ltd. Companies). A certified copy of

the same are required to be submitted with

the Bid.

EC-2 a) The bidder should be an OSD( Original

Solution Developer) or authorized

partner of OSD for supply of licenses and

solution implementation and

maintenance support under warranty /

AMC for the solution.

Letter of confirmation from OSD need to be

submitted in case authorized partner of OSD

Self undertaking in case of OSD

b) If bidder (partner of Original Solution

Developer (OSD)) is not able to fulfill its

obligation to support the solution during

the contract period, OSD will have to

ensure support for this project term. An

undertaking from the OSD to this effect

must be submitted.

Letter of confirmation from OSD need to be

submitted.

c) One bidder can bid only with one OSD

and similarly one OSD can bid with only

one bidder.

Letter of confirmation from the bidder and

OSD

EC-3 The bidder should have a minimum turnover

of Rs. 20 crores per year during last three

financial years. (i.e. FY 2015-16 , 2016-

17,2017-18 )

Audited Financial Statements (and Annual

Reports, if applicable) for the last three

financial years, viz. FY 2015-16 , 2016-

17,2017-18 are to be furnished

CA certificate with regard to turnover is

required to be submitted by the bidder.

EC-4 The Bidder must have positive net worth in

last 3 financial years (i.e. FY 2015-16 , 2016-

17,2017-18)

Audited Financial Statements (and Annual

Reports, if applicable) for the last three

financial years, viz. FY 2015-16 , 2016-

17,2017-18 are to be furnished.


CA certificate regarding Positive net worth

needs to be furnished.

EC-5 The bidder should be engaged in supplying,

installation and providing maintenance

services for software in India for at least last

5 years.

An undertaking in this regard is required to

be submitted by the bidder.

EC-6 The bidders / Authorized Representative must have support office in Delhi /NCR(India)

Provide the address and contact detail.

EC-7 The Bidder should not have banned by any Public sector Bank/PSU/GOI Department as on date of submission of bid.

An Undertaking letter to be enclosed by the Bidder clearly stating that they are not banned by any Bank, PSU/GOI Departments as on date of submission of bid.

EC-8 The Bidder has to give unconditional undertaking for providing service support, component parts, software, hardware, network devices etc. of all quoted products for minimum five years from the date of installation.

Bidder to submit an undertaking in this

regard.

EC-9 The Bidder must have supplied and

implemented the proposed solution in at

least one Scheduled Commercial Bank and

the solution is running satisfactorily.

The certificates & PO to this effect from the

Bank(s) are required to be submitted.

Each bidder should submit only one bid for the RFP. In case, it is observed that bidder has submitted

more than one bid, all such bids submitted by bidder will be rejected.

Either the bidder on behalf of the OSD or OSD itself can bid however both cannot bid simultaneously

for the same solution. In case it is observed that the bidder on behalf of the OSD and OSD itself have

simultaneously submitted the bid for same solution, then all such bids will be rejected. Further, if

the OSD is the Bidder then the OSD can only bid for own solution only.

Bidder should be Original developer of the solution provided or an authorized seller. In case bidder

is an authorized seller of the offered product, bidder should have all the required authorization

documents and rights for the products offered or authorized reseller of the OSD.

The bidder should put in place adequate support structure from the OSD for overseeing and

assisting in completing the implementation of the AAF within the project timelines as specified in

the RFP.

Bidder should be OSD of the offered solution or an authorized partner of OSD. In case the bidder is

not OSD of the offered solution, then an undertaking from OSD should be submitted certifying that in

case the authorized distributor (bidder) is not able to perform obligations as per contract during

contract period, the OSD shall perform the said obligations. In such cases, the mandate/authority of

the official signing the letter of OSD of offered solution in favour of Bidder company should be

clearly specified.


Photocopies of relevant documents / certificates, duly stamped and signed must be submitted as

proof in support of the claims made. The Bank reserves the right to verify /evaluate the claims made

by the Bidder independently. The decision of the Bank in this regard shall be final, conclusive and

binding upon the Bidder.

It may be noted that the requirements given in this tender is indicative only and the Bank reserves

the right to accept or reject any quotation as also to alter any or all the terms and conditions without

assigning any reason thereof.

The proposed solution should be capable of running on the existing Network architecture of the

Bank.

Vendor shall take the responsibility of installing, commissioning the necessary IT infrastructure.

Every components of IT infrastructure supplied shall accompany a complete licensed copy of all the

operating systems, software/drivers installed in the system.

In Case the vendor has not indicated any peripherals /equipment’s in their proposed solution and is required for implementation of solution, the Vendor has to provide required peripherals/equipment’s, without charging any extra amount, apart from order value.

1.2 Cost of Tender

The tender document may also be downloaded from the Bank’s official website www.psbindia.com.

The bidder downloading the tender document from the website is required to submit a non-

refundable fee as mentioned in Key-Information in the form of Demand Draft or Pay Order in favour

of PUNJAB & SIND BANK, payable at New Delhi, at the time of submission of the technical bid, failing

which the bid of the concerned Bidder will be rejected. It may be noted that amount will not be

refunded to any prospective bidder under any circumstances including cancellation of RFP.

1.3 Language of the Bid The bid as well as all correspondence and documents relating to the bid exchanged by the Bidder and

Bank shall be in English language only.

1.4 Two Bid System a. The Bid Proposal being submitted would be binding on the Bidder. As such it is necessary

that authorized personnel of the firm or organization must sign all the pages of the Bid. The designated personnel should be authorized by a senior official of the Organization having such authority to do so. The Xerox copy of necessary Original Resolutions/ Authority/ Power of Attorney having authority to authorize the person to submit Bid Documents, on behalf of the Company shall be enclosed. The proposal must be accompanied with an undertaking letter duly signed by the designated personnel providing a Bid commitment. The letter should also indicate the complete name and designation of the designated personnel.

b. The bidder shall submit his response to the present tender separately in two parts – “The Technical Bid” and ‘Commercial bid ’. Technical Bid will contain product specifications whereas Commercial bid will contain the pricing information. In the first stage, only the Technical Bids shall be opened and evaluated as per the criterion determined by the Bank. Those bidders satisfying the technical requirements as determined by the Bank in its absolute discretion shall be short-listed for opening their commercial bid.

c. The Bank reserves the right to accept or not to accept any bid or to reject a particular bid at its sole discretion without assigning any reason whatsoever.


d. Bid documents shall be submitted in a Single sealed envelope, including Demand Draft/Purchase Order towards cost of RFP, Bid Security (EMD) and other required documents as mentioned in the tender and a separate sealed envelope containing commercial bid Price, duly super-scribing the envelope with the reference of this RFP, due date, name of the Bidder with contact details, Offer reference number etc. Bid document should be duly filled and all the pages of Bid including Brochures 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 Bid Documents should be serially numbered with the Bidder’s seal duly affixed with the Signature of the Authorized Signatory on each page. Documentary proof, wherever required, in terms of the RFP shall be enclosed.

e. The Bids containing erasures or alterations will not be considered. There should be no hand-written material, corrections or alterations in the Bids. Technical details must be completely filled in. Correct technical information of the product being offered must be filled in.

f. The bidder is required to submit soft copy of the bid in a CD.

1.5 Formation of Bid The bid must be made in an organized and structured manner. The Bid should be properly sealed and marked as “Automation of Audit Function(AAF)”, Tender Reference Number, Bidder’s name and address. The Technical Bid shall contain the following documents:-

S.No. Document Attached

with Bid

(Y/N)

Page Numbers

From To

1 Tender Covering Letter as per Annexure –I

2 Compliance to Minimum Eligibility Criteria as per Annexure II. (please ensure that

all related documents to Minimum Eligibility criteria have been attached)

3 Compliance to Functional/Technical Specification as per Annexure III

4 Bidders Information as per Annexure IV

5 Acceptance of the terms and conditions of RFP and Technical Specifications

(compliance Statement as per Annexure V )

6 Service Support Centers Detail as per Annexure – VI

6 (A) Reference Site Details as per Annexure – VI A

7 Performance Statement as per Annexure VII

8 Sealed Envelope containing ‘commercial Bid price’ as per Annexure VIII

9 Bid Earnest Money in the form of Bank Guarantee as per Annexure IX

10 DD/ pay order of Rs. 10000/- payable to Punjab & Sind Bank toward cost of Tender

Document (Please mention the tender name with year and company name at the

back of DD/Pay order.)

11 Copy of Power of Attorney authorizing official for signing the Bid


12 Undertaking from bidder/ OSD’s certifying that all the components, parts,

assembly etc used inside the company products / hardware are new and original.

13 Masked commercial bid as per Annexure VIII containing all information

except price.

14 Any other document indicating the feature of the product.

15 OSD recommendation letter confirming the sufficiency of all deliverables

like- software (including licenses), services, and other tools etc. supplied by

the bidder for the project as per the scope of the RFP

15 Check list as per Annexure X

Note: All Claims made by the Bidder will have to be backed by documentary evidence.

*All MSEs having registration as per provisions of the Public Procurement Policy for Micro and Small Enterprises i.e. District Industries Centre (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi and Industries Board (KVIB) or Coir Board or National Small Industries Commission (NSIC) or directorate of Handicrafts and Handlooms or Udyog Aadhaar Memorandum or any other body specified by Ministry of MSME and Start-ups (recognised by DIPP) are exempted from submission of Tender Fee and EMD only. Relevant certificates should be submitted by the bidder in this regard to avail exemption.

1.6 Submission of bids The Bank expects the bidders to carefully examine all instructions, terms and conditions mentioned in

this RFP document before submitting its unconditional compliance as part of the RFP. Failure to

furnish all information required or submission of an RFP not substantially responsive to the RFP in

every respect will be at the bidder’s risk and may result in the rejection of its response.

Bids duly sealed should be submitted, in person, on or before the last Date and Time for bid submission

at the address mentioned below.

Punjab & Sind Bank Second Floor Information Technology Department Plot No 151,Sector 44 Gurugram ,Pin 122003

Any other mode of submission, e.g. by courier, fax, e-mail etc. will not be accepted.

1.7 Cost of Preparation and Submission of Bid The Bidder shall bear all costs associated with the preparation and submission of its Bid and the Bank

will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the

Bidding process.

If any information / data / particulars are found to be incorrect, Bank will have the right to disqualify / blacklist the company and invoke the Bank guarantee/ forfeit the EMD.

All communications, correspondence will be only to the prime bidder. Any partner/sub-contractor has to communicate only through the prime bidder. The prime bidder will act as the single point of contact for the Bank.


Bank reserves it right to cancel the order even after placing the letter of Intent (LOI) / Purchase Order, if Bank receives any directions / orders from Statutory Body / RBI/Govt. of India in a nature that binds the Bank not to take the project forward.

1.8 Late bids Any bid received after the due date and time for receipts of bids as prescribed in this RFP will be

rejected and returned unopened to the Bidder.

1.9 Earnest Money Deposit (EMD) Non-submission of Earnest Money Deposit as mentioned in Key-Information will lead to outright

rejection of the Offer. The EMD is to be submitted in the shape of Financial Bank Guarantee from any

Scheduled Commercial Bank valid for minimum 225 Days from the date of Bid Submission Date.

EMD of unsuccessful Bidders will be returned to them on completion of the procurement process. The

EMD of successful Bidder(s) will be returned within 30 days on submission of Performance Bank

Guarantee.

The Earnest Money Deposit may be forfeited under the following circumstances:

a. If the Bidder withdraws its bid during the period of bid validity (180 days from the date of opening of the technical bid).

b. If the Bidder makes any statement or encloses any form which turns out to be false, incorrect and/or misleading at any time prior to signing of contract and/or conceals or suppresses material information; and / or

c. In case of Technically qualified bidder, if the bidders fails: To participate in commercial bid. To accept bid after submitting the bid commercial price.

d. In case of the successful Bidder, if the Bidder fails: To Accept the commercial bid price submitted during commercial bid. To sign the contract in the form and manner to the satisfaction of the Bank. To furnish performance Bank Guarantee in the form and manner to the satisfaction of

the Bank.

1.10 Performance Bank Guarantee The successful bidder has to submit the Performance Bank Guarantee equivalent to 10% of Contract Value (i.e Grand total cost for deciding L1 bidder) for the due performance of the contract, valid for 63 months including 3 months claim period. It is to be submitted centrally at HO IT Department level within 21 days from the letter of selection. In case vender(s) fails to perform the Contract or fails to pay the due penalty, if any, as demanded by

Bank, Bank shall invoke the Bank Performance Guarantee to recover penalty/damages

1.11 Erasures or Alterations The Bid should contain no alterations, erasures or overwriting except as necessary to correct errors

made by the Bidder, in which case corrections should be duly stamped and initialed / authenticated

by the person/(s) signing the Bid. The Bidder is expected to examine all instructions, forms, terms

and specifications in the bidding documents. Failure to furnish all information required by the

bidding documents or submission of bid not substantially/conclusively responsive to the bidding

documents in every respect will be at the Bidders risk and may result in rejection of the bid.

1.12 Opening of bids Technical Bid offer will be opened on the date and time mentioned in the bid ‘Key-Information’ in

the presence of the Bidders who choose to attend on the said date and time.


The Bank will evaluate the technical and techno functional response to the RFP of the Bidders who

are found eligible as per the eligibility criteria mentioned in the RFP. There will be no scoring

involved in the eligibility evaluation. Bids of only those Bidders who have been found to be in

conformity of the eligibility terms and conditions during the preliminary evaluation would be taken

up by the Bank for further detailed evaluation. The Bidders who do not meet the eligibility criteria

and all terms during preliminary examination will not be taken up for further evaluation. During

evaluation of the Bids, the Bank at its discretion may ask a bidder for clarification of its bid. The

request for clarification and the response shall be in writing and no change in the price or substance

of the bid shall be sought, offered or permitted.

1.13 Evaluation Process of the Bids

The Evaluation will be a Three-stage process:

1. Eligibility Criteria Evaluation - (Mandatory to meet by the bidders)

2. Technical Evaluation

3. Commercial Evaluation- (through sealed commercial bidding)

The evaluation by the Bank will be undertaken by a committee of internal Bank officials and may

include Consultant. The decision of the committee shall be considered final.

1.13.1 Preliminary Scrutiny a. The Bank will examine the Bids to determine whether they are complete, required

formats have been furnished, the documents have been properly signed, and the Bids are generally in order.

b. The Bank may, at its discretion, waive any minor infirmity, non-conformity or irregularity in a Bid which does not constitute a material deviation.

c. The Bank will first examine whether the Bid and the Bidder is eligible in terms of Eligibility Criteria. The bids not meeting the Minimum Eligibility Criteria shall not be considered for further evaluation.

d. Prior to technical evaluation, the Bank will determine the responsiveness of each Bid to the Bidding Document. For purposes of these Clauses, a responsive Bid is one, which conforms to all the terms and conditions of the Bidding Document without material deviations. Deviations from, or objections or reservations to critical provisions, such as those concerning Bid Security, Applicable Law, Bank Guarantee, Eligibility Criteria will be deemed to be a material deviation.

e. The Bank’s determination of a Bid’s responsiveness will be based on the contents of the Bid itself without recourse to extrinsic evidence.

If a Bid is not responsive, it will be rejected by the Bank and may not subsequently be made responsive

by the Bidder by correction of the non-conformity.

1.13.2 Clarification of bids To assist in the scrutiny, evaluation and comparison of offers/bids, the Bank may, at its sole discretion,

ask some or all Bidders for clarification of their offer/bid. The request for such clarifications and the

response will necessarily be in writing and no change in the price or substance of the bid shall be

sought, offered or permitted. Any decision of the Bank in this regard shall be final, conclusive and

binding on the Bidder.

The bidder shall notify the Bank in writing of all subcontracts awarded under the contract if not

already specified in his bid. Such notification, in his original bid or later, shall not relieve the bidder

from any liability or obligation under the contract. The Bank reserves rights to accept such

arrangement or reject the proposal outright. Proof of such contracts should be submitted to the Bank.


1.13.3 Technical evaluation The technical bids shall be evaluated by a committee of experts for the following:-

i. Compliance of Minimum eligibility criteria.

ii. Receipts of all/complete documents/information/undertakings etc.

iii. Compliance of technical specifications of the AAF Solution.

iv. Adherence to support set up requirements.

Bank may, if it deems necessary, ask for presentations of the bidder or site visits of their facilities to

asses and satisfy itself on manufacturing/supply chain and support capabilities of the bidders.

Sr.

No

Particulars Max

Marks

Scoring Mechanism

1. Credentials on past experience in

implementation of audit software. 30

Two & more Public Sector Banks in

India 25 Marks.

One Public Sector Banks in India 20

Marks.

5 Marks bonus if provided to Public

Sector Banks in India having (Finacle

CBS platform )

2. Number of audit modules as per

bank’s requirement available in the

software

40 Availability of All Modules

listed in clause 3.1 of RFP –40

Marks

Basic modules– 35 Marks

(i) RBIA (ii) RBCA (iii) Management Audit &

Inspection (MAI) (iv) Credit Audit (v) IS Audit Without Basic Modules – 0 Marks

Additional Modules- 1 marks for each module maximum 5 marks

Inspection by visiting officials from Zonal Office/ Head

Office, Annual Inspection of

RCCs/ Currency

Chests/Training Centres/

RRBs/ ARBs/ Stationary Dept

etc.,

Offsite Monitoring,

Audit of Outsourced Service

providers & Migration Audit,

Revenue Audit

Pre disbursement Audit

Special Focus Audit


Legal Audit

Fact Finding

3 Product demo and presentation 10 Excellent: 10

Good : 5

Average :0

4 Visiting to the Bank, having

implemented the proposed solution,

to see software ‘s capability

15 Availability of All Modules –15 Marks

Basic modules– 10 Marks

Without Basic Modules – 0Marks

5 Present number of specialized

personals engaged in implementation

audit software by the bidder.

5 More than 10 resources – 5Marks

5 to 10 resources –2Marks

Less than five – 0 Marks

TOTAL 100

Minimum Qualifying Score will be 60%. In case there is only one bidder above 60% ,then

the next highest bidder with score not less than 50% may be considered for further

evaluation at bank's discretion.

Note: 1. All references have to be from commercial banks in India only.

2. Banks exclude Regional Rural / Cooperative Banks.

The Bidder is required to provide documentary evidence for each of the above criteria and the

same would be required on the client’s letter head in case of credentials.

Bank’s decision in respect to evaluation methodology and short-listing Bidders will be final and no

claims whatsoever in this respect will be entertained.

1.13.4 Commercial Evaluation The commercial bid evaluation will be carried out through sealed commercial bidding. Commercial

Bids of only functionally/technically qualified Bidders will be opened in the presence of the

functionally/technically qualified bidder’s representatives on date and time to be communicated to

the qualified Bidders.

Commercial Offer of only those vendors will be opened who have scored minimum 60 % marks in

the functional evaluation process described above. In case there is only one bidder above 60% ,then

the next highest bidder with score not less than 50% may be considered for further evaluation at

bank's discretion.

Bank will finalize the L-1 vendor based on the TCO (Annexure – VIII). The bidder with the lowest commercial proposal will be designated as L1 bidder.

1.14 Address for Submission of Bid and communication Offers should be addressed to the following office at the address given below:

Assist General Manager (IT)

Punjab & Sind Bank

Second Floor


Information Technology Department

Plot No 151,Sector 44

Gurugram ,Pin 122003

1.15 No commitment to accept lowest or any bid The Bank shall be under no obligation to accept the lowest or any other offer received in response to

this tender notice and shall be entitled to reject any or all offers including those received late or

incomplete.

Bank reserves the right to make changes in the terms and conditions of purchase. Bank will be under

no obligation to have discussions with any bidder, and/or entertain any representation

1.16 Right To Accept Any Bid And To Reject Any Or All Bids / Cancellation Of Tender Process PUNJAB & SIND BANK reserves the right to accept or reject in part or full any or all offers without

assigning any reason thereof even after issuance of letter of Intent. Any decision of Punjab & Sind Bank

in this regard shall be final, conclusive and binding upon the bidders. The Bank reserves the right to

accept or reject any Bid in part or in full, and to annul the Bidding process and reject all Bids at any

time prior to contract award, without thereby incurring any liability to the affected Bidder or Bidders

or any obligation to inform the affected Bidder or Bidders of the grounds for Bank’s action. During any

stage of evaluation process, if it is found that the bidder does not meet the eligibility criteria or has

submitted false /incorrect information the bid will be summarily rejected by the Bank and no further

correspondence would be entertained in this regard. Bank further reserves the right to amend, rescind,

reissue or cancel this RFP and all amendments will be advised to the Bidder and such amendments will

be binding upon them. The Bank also reserves its right to accept, reject or cancel any or all responses

to this RFP without assigning any reason whatsoever. Further please note that the Bank would be

under no obligation to acquire any or all the items proposed. No contractual obligation whatsoever

shall arise from the RFP process unless and until a formal contract is signed and executed by duly

authorized officials of Punjab & Sind Bank and the bidder.

1.17 Correction of Errors Bidders are advised to exercise utmost care in entering the pricing figures. No corrigenda or requests

for prices to be corrected will be entertained after the bids are opened. If there are any corrections in

the bid document, the authorized signatory should initial them all, failing which the figures for such

item shall not be considered. Discrepancies in bids will be corrected as follows:

Where there is a discrepancy between the amounts in figures and in words, the amount in words shall prevail. Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate will govern unless, in the opinion of Bank, there is an obvious error such as a misplacement of a decimal point, in which case the line item total will prevail. Where there is a discrepancy between the amount mentioned in the bid and the line item total

present in the schedule of prices, the amount obtained on totaling the line items in the Bill of Materials will prevail.

The amount stated in the correction form, adjusted in accordance with the above procedure, shall be

considered as binding, unless it causes the overall price to rise, in which case the bid price shall prevail.

Based on the Bank’s requirements as listed in this document, the bidder should identify and offer the

best-suited solution / bill of material for the product that would meet the Bank’s requirements and

quote for the same.


1.18 Soft copy of tender document

The soft copy of the tender document will be made available on the Bank’s website https://psbindia.com. However, the Bank shall not be held responsible in any way, for any errors / omissions /mistakes in the downloaded copy. The bidder is advised to check the contents of the downloaded copy for correctness against the printed

copy of the tender document. The printed copy of the tender document shall be treated as correct and

final, in case of any errors in the soft copy.

1.19 Bid validity period

Bids shall remain valid for 180 (one hundred eighty) days after the date of bid opening prescribed by the Bank. The Bank holds the rights to reject a bid valid for a period shorter than 180 days as non-responsive, without any correspondence. In exceptional circumstances, The Bank may solicit the Bidder’s consent to an extension of the validity period. The request and the response thereto shall be made in writing. Extension of validity period by the Bidder should be unconditional and irrevocable. The Bid Security provided shall also be suitably extended. A Bidder acceding to the request will neither be required nor be permitted to modify its bid. Once the

bid is submitted bidder will not be able to withdraw or cancel its bid. In case bidder cancel/refuse the

its bid, the bid security will be forfeited in favour of the Bank. In any case the bid security of the

Bidders will be returned after completion of the process.

1.20 Pre-bid meeting For clarification of doubts of the bidders on issues related to this RFP, the Bank intends to hold a Pre-

Bid Meeting on the date and time as indicated in the RFP in Key-Information.

For any clarification with respect to this RFP, the bidder may send an email to [email protected]

last date of submission of queries as defined in Key-Information in this document. The format to be

used for seeking clarification is mentioned in Annexure-XII (Pre-bid Query Format). It may be noted

that all queries, clarifications, questions etc., relating to this RFP, technical or otherwise, must be in

writing only and should be sent to the email-id as stated earlier.

Only two authorized representatives of the bidders who have purchased the RFP will be allowed to

attend the meeting.

1.21 Award of contract Following evaluation, a contract may be awarded to the bidder whose bid meets the requirements of

this RFP and provides the best value to the Bank from both a techno-functional and commercial point

of view.

The Bank reserves the right to award the contract in whole or in part. The acceptance of the bid,

subject to contract, will be communicated by way of placing a purchase order in writing at the address

supplied by the bidder in the bid document. Any change of address of the bidder should therefore be

notified promptly to the Assistant General Manager (IT) at the address given in this RFP

1.22 Contract Period Bank will enter into contract initially for period of 5 years. However, the same may be extended after

completion of 5 years on yearly basis, as per Bank’s requirements on the same terms and conditions.

1.23 Signing of contract The successful bidder(s) shall be required to enter into a contract with Bank, within thirty (30) days of

the award of the work or within such extended period, as may be specified by Bank. This contract shall

mailto:[email protected]


be based on this RFP document (read with addendums/Corrigendum/Clarifications), LOI, Purchase

Order and such other terms and conditions as may be determined by Bank to be necessary for the due

performance of the work, as envisaged herein and in accordance with the bid.

However the terms and conditions of purchase order and RFP shall constitute a binding contract till

such a contract is issued.

1.24 Confidentiality of the Bid Document The Bidder, irrespective of his/her participation in the bidding process, shall treat the details of the

documents as secret and confidential.

1.25 Amendment to RFP Contents At any time prior to the last date for bid-submission, the Bank may, for any reason, whether at its own

initiative or in response to clarification(s) requested by a prospective bidder, modify the RFP contents

by amendment. Amendment will be notified in writing or by e-mail to all the prospective bidders and

will be published on Bank’s website, and will be binding on bidders. However, it is the bidder’s

responsibility to keep its communication channels (face-to-face, phone, fax, e-mail etc.) alive including

observing of Bank’s website for latest development in this regard. The Bank will not be liable for any

communication gap. In order to provide prospective bidders, reasonable time to take the amendment

into account for preparation of their bid, the Bank may, at its discretion, extend the last date for bid-

submission.

Bank reserves the right to scrap the tender at any stage without assigning any reason.


CHAPTER - 2

TERMS AND CONDITONS

2.1 Technical Inspection and Performance Evaluation The Bank reserves its right to carry out technical inspection and performance evaluation (bench-marking) of AAF software and proposed Production Hardware for AAF Data Centre, offered by short-listed vendors, as per the discretion of the Bank.

2.2 Deliverables Following should be delivered to the Bank :

Documentation on Design Logic and Program Development. Software Package with system document after customization Production Hardware, System Software, RDBMS (installation and commissioning),

Licenses and other suits with related documents User & Quick reference manuals Operator Reference manuals for each operator task. Error messages manuals. Documentation on troubleshooting. File / table structures, Indexes and Relations On line tutorials and help documentation. Data Dictionary Software Requirement Specifications (SRS) Test Cases for UAT. Escalation Matrix Training

All copies should be delivered in hard & soft media.

2.3 Payment Terms

Payments will be made by HO IT department after submitting invoices and sign off by respective business departments.

The Bank’s payment terms are as follows:

Hardware & System Software:

Percentage of Payment

Milestone

Phase I 50% On successful installation at Bank’s designated location. Phase II 40% On successful implementation of Hardware and software

in production, pilot run and go live completion at Pilot Branches.

Phase III 10% Within one month of end of Warranty Period

Application Software:

Percentage of Payment

Milestone

Phase I 50%

On successful implementation of Hardware and software in production, pilot run and go live completion at Pilot Branches.

Phase II 30% (Training cost

100%)

Roll out across all remaining locations and go live with Successful completion of training,

Phase III 10% After three months of successful functioning of the


complete system. Phase IV 10% Within one month of end of Warranty Period

AMC & ATS

Payments will be made by HO IT department after submitting invoices to be paid on half-yearly

in arrears.

2.4 Pricing Prices shall be expressed in the Indian Rupees only. The bidder must quote total price excluding taxes.

The cost will not depend on any variation in USD/£/€ exchange rate.

2.5 Reference Checks Vendors are required to provide a minimum of one reference site within India where the Product is successfully running. These users should be in the banking industry. All the details of reference site requested for in Annexure VI-A should be provided along with the names and contact details of persons who will be available for discussions. The Bank, at its option, will contact these reference sites to obtain information on the solution and implementation. Vendors will co-ordinate with the reference sites and arrange the visits on request from the Bank. The costs incurred by the Bank’s team, for the reference site visits, will be borne by the Bank.

2.6 Software Audit, Rectification and Re-Audit The Bank shall get the software audited (before/after going to live run) in-house or by outside agency as per the Bank’s requirement. The vendor shall extend all sorts of support required for carrying out the audit of the software. The vendor must rectify the discrepancies / observations in the system, as per the audit report in consultation with the Bank. There shall not be any additional charges payable by the Bank for such rectifications. The software shall be re-audited after rectification to verify that the recommended modifications have been made by the Vendor.

2.7 Vendor Demonstrations Vendors may be required to make demonstrations of the software at the Bank’s desired location. The demonstration will allow the evaluation team to see the software system modules in terms of functionality and technical fitment. It will also allow the Bank to evaluate the solution in terms of look and feel, screen navigation, user friendliness etc. The demonstrations will also give the Bank an opportunity to clarify issues arising out of the review of the vendor’s response to this tender. The Bank shall not be under any obligation to bear any part of the expenses incurred by the vendors for the demonstrations. 2.8 Completeness of Implementation/Installation The implementation/installation will be deemed as incomplete if any component/module of the package (including the Production Hardware) is not delivered or is delivered but not installed and/or not operational or not acceptable to the Bank after acceptance testing/examination. In such an event, the implementation will be termed as incomplete and it will not be accepted and warranty period will not commence. The package will be accepted after complete commissioning of package and satisfactory working of the entire software package.

However the Bank may accept the software with a clear understanding that some of the modules could be implemented during the warranty period of the package. In such case, the vendor shall be required to provide support for implementation of such modules as per the requirement of the Bank during the


warranty period. Delayed implementation shall attract penalties as stated in the RFP.

2.9 Backup and Archiving The backup and archiving shall be done by the vendor during the contract period. The bidder should provide a suitable backup solution to the Bank. The selected vendor will however be responsible to liaison with Bank and to provide all integration required for backup into external storage, hard disk etc.

2.10 Disaster Recovery and Business Continuity Plan The proposed system should have Disaster Recovery & Business Continuity plan Implementation. The selected vendor should highlight the provisions for disaster recovery and show that the application facilitates disaster recovery.

2.11 Preventive Maintenance The bidder should provide onsite preventive maintenance on quarterly basis. Providing of all

deliverables including warranty services etc. shall be the sole responsibility of the bidder. Bank will

not be responsible for any delays/violation from third party vendors.

2.12 Liquidated Damages If bidder fails to deliver any or all application/hardware or perform services within stipulated time

schedule, the Bank shall, without prejudice to its other remedies under the rate contract, deduct from

the ordered price, as liquidated damages, a sum equivalent to 1% of the order value for each week of

delay subject to the maximum of 10%. The penalty will be charged on order value for the items for

which delivery is delayed.

The Bank is entitled to deduct the penalty from the purchase price or any other amount, which is due

to bidder from this contract, or any other contract or by invoking the Bank Guarantee.

2.13 Order Cancellation The Bank reserves its right to cancel the entire / unexecuted part of the Purchase Order at any time by assigning appropriate reasons in the event of one or more of the following conditions:

1.Delay in delivery beyond the specified period for delivery. 2.Delay in installation, customization and implementation beyond the specified period. 3.Serious discrepancy noticed during the reference checks. 4.Repetitive software/hardware failures/poor service after the delivery and/or live-run but before the warranty period expiration. 5.Delay in extraction and conversion of legacy data, and uploading converted data to

Proposed AAF Database beyond the stipulated period.

6. Major breach of trust is noticed during any stage of the project

7. Any other appropriate reason in view of the Bank. In addition to the cancellation of purchase order, the Bank reserves the right to foreclose the Bank

Guarantee given by the bidder against the damages.

2.14 Warranty

The date of software & hardware comprehensive warranty will start from the date of go live of Pilot

phase and continue for period of 3 years for hardware and 1 year for software.

The Vendor shall be fully responsible for the manufacturer’s warranty in respect of proper design, quality and workmanship. Vendor must warrant all components, accessories, spare parts etc. against any manufacturing defects during the warranty period. During the warranty period, vendor shall


maintain the Hardware and repair/replace at the site all defective components, at no charge to the Bank.

During the entire warranty period the vendor shall:

a) Make the changes with no extra cost to the Bank for any regulatory requirement,

b) Update/upgrade/enhance the software and shall also provide all new versions released with no extra cost.

Warranty should not become void if the Bank buys any other add-on hardware/software from a third party and installs it with/in Production Hardware in the presence of the representative of the vendor. However, the warranty will not apply to such third-party hardware/software items installed by the Bank. Note: The support for Hardware and Software both are required in warranty/AMC/ATS period should be on business hours basis.

2.15 Annual Maintenance Charges (AMC) and Annual Technical Support (ATS)

The vendor is required to quote for post warranty AMC / ATS charges for 2 years (hardware) / 4 years (Software) on business hours basis. The Bank will pay AMC / ATS charges on half-yearly basis (pro-rata) in arrears. This rate shall remain unchanged for total AMC / ATS period (i.e 2 years hardware / 4 years software). During the AMC/ATS period, the vendor shall provide Technical support for the software/hardware/other-suits supplied as envisaged in the Terms and Conditions hereunder. The AMC /ATS period will start after the completion of warranty period.AMC/ATS for subsequent period shall be on mutually agreed rate. During the entire AMC / ATS period the vendor shall:

a) Make the changes with no extra cost to the Bank for any regulatory requirement,

b) Update/upgrade/enhance the software and shall also provide all new versions released with no extra cost.

The vendor shall give firm commitment to provide maintenance at the price quoted from the date of expiry of warranty. The Bank will not permit any changes in AMC/ATS rates, quoted by the vendor. The AMC/ATS rate quoted should be exclusive of all taxes.

2.16 Spare Parts The vendor will make the spare parts for the hardware systems available for a minimum period of 5 years (contract / warranty period and AMC/ATS period) from the time of acceptance of the system.

If any of the peripherals / components is not available during the warranty/AMC/ATS period, the substitution shall be carried out with peripherals/ components of equivalent or higher capacity.

2.17 Mean Time Between Failures (MTBF) If during the warranty period, any specific server / part of Hardware fails on four or more occasions in a quarter, it shall be replaced by equivalent / superior new server / part by the vendor at no additional cost to the Bank. 2.18 Compliance With Statutory And Regulatory Provisions It shall be the sole responsibility of the Vendor to comply with all statutory, regulatory & Law of

Land and provisions while delivering the services mentioned in this RFP.

2.19 Legal Compliance


The successful bidder hereto agrees that it shall comply with all applicable union, state and local laws,

ordinances, regulations and codes in performing its obligations hereunder, including the procurement

of licenses, permits and certificates and payment of taxes where required. If at any time during the

term of this agreement, the Bank is informed or information comes to the Bank's attention that the

Successful bidder is or may be in violation of any law, ordinance, regulation, or code (or if it is so

decreed or adjudged by any court, tribunal or other authority), the Bank shall be entitled to terminate

this agreement with immediate effect.

The Successful bidder shall maintain all proper records, particularly but without limitation accounting

records, required by any law, code, practice or corporate policy applicable to it from time to time

including records, returns and applicable documents under the Labour Legislation.

The Successful bidder shall ensure payment of minimum wages to persons engaged by it as fixed from

time to time under the Minimum Wages Act, 1948. In case the same is not paid, the liability under the

act shall solely rest with the successful bidder.

2.20 Indemnity Vendor shall indemnify, protect and save the Bank against all claims, losses, costs, damages, expenses, action suits and other proceeding, resulting from infringement of any patent, trademarks, copyrights etc. or such other statutory infringements in respect of software/hardware/Data base/OS etc. and all the packages, services offered by him & supplied by him. 2.21 Conflict of interest The Bidder shall disclose to the Bank in writing all actual and potential conflicts of interest that exist,

arise or may arise (either for the Bidder or the Bidder’s team) in the course of performing the

Service(s) as soon as practical after it becomes aware of that conflict.

2.22 Publicity Any publicity by the vendor in which the name of the Bank is to be used will be done only with the explicit written permission of the Bank. 2.23 Insurance The Hardware to be supplied will be insured by the vendor against all risks of loss or damage from the date of shipment till such time it is installed at the Bank’s site. Certificates of the “Comprehensive Insurance Cover” will be submitted to the Bank for verification/examination and record. The vendor shall take the insurance cover from a Government of India recognized insurance company only.

2.24 Guarantees on Software and Hardware The vendor shall guarantee that the Production Hardware Systems delivered to the Bank are brand new, including all components. In the case of software / hardware / RDBMS / Other related suits the vendor shall guarantee that the software / hardware / RDBMS / Other related suits supplied to the Bank are licensed, legally obtained and will not require any further licensing costs, other costs or any other software/hardware purchase to meet the above mentioned guarantees. All modules of the system must be supplied with their original and complete printed documentation.

2.25 Guarantees on Response Time To Errors The Bank will classify all errors into three categories: (I) Critical errors defined as the Errors that require/cause the Bank to shutdown the AAF server or start/stop all services through the server. (II) Medium Level Errors defined as those errors that are not the Critical Errors as defined above but cause great inconvenience or operational difficulties to the Bank (III) Low Level Errors defined as those other errors that are not the Critical errors or the Medium


Level Errors as defined above The Vendor undertakes and guarantees that all the Critical Errors will be resolved in the production environment within four hours of the Bank intimating the same through writing, telephone or fax. In case the Critical Errors are not resolved within the stipulated time as above, there shall be a penalty of Rs.500/-(Rupees Five hundred only) per hour exceeding above said 4 hours resolution time apart from replacement of the respective hardware/software at vendor’s own cost for solving the errors. In case the error is not resolved within 4 days from the time of reporting of the error by the Bank, the vendor shall be liable to pay a penalty of 0.25% of the total value of the above said purchase order. Such penalty shall be adjusted as maintenance credit against the AMC payable by the Bank to the vendor. The Vendor undertakes and guarantees that all the Medium Level Errors will be resolved in the production environment within 36 hours of the Bank intimating the same through writing, telephone or fax. In case the Medium Level Errors are not resolved within the stipulated time as above, there will be a penalty of Rs.500/= (Rupees five hundred only) per day exceeding the above said36 hours resolution time apart from replacement of the respective hardware/software at the vendor’s own cost for solving such errors. In case the error is not resolved within 7 days from the time of reporting of the error by the Bank, the vendor shall be liable to pay a penalty of 0.25% of the total value of the above said purchase order. Such penalty shall be adjusted as maintenance credit against the AMC payable by the Bank to the vendor. The vendor undertakes and guarantees that all the Low Level Errors will be resolved in the production environment within 5 days of the Bank intimating the same through writing, telephone or fax.

In case the Low Level Errors are not resolved within the stipulated time as above, there shall be a penalty of Rs.500/-(Rupees Five hundred only) per day exceeding the above said 5 days’ resolution time apart from replacement of the respective hardware/software at the vendor’s own cost for solving such errors. In case the error is not resolved within 10 days from the time of reporting of the error by the Bank, the vendor shall be liable to pay a penalty of 0.25% of the total value of the above said purchase order. Such penalty shall be adjusted as maintenance credit against the AMC payable by the Bank to the vendor.

2.26 Guarantees on System Up-Time The combined Up-Time of the hardware and software provided by the vendor relating to the AAF package should provide continuous and guaranteed level of service and functionality as defined in this document (except the down-time due to the Bank’s network or UPS failure). The vendor undertakes and guarantees a system Up-Time of 99.5% during the period of warranty and AMC with the Bank is in force. The vendor is liable for a penalty of Rs.1,000/-(Rupees One thousand only) per day when system availability falls below the expected availability of 99.5%, subject to a maximum of 1% of the above said purchase order value, apart from replacement of the respective hardware/software at vendor’s own cost for ensuring system availability. Such penalty shall be adjusted as maintenance credit against the AMC payable by the Bank to the vendor.

2.27 Confidentiality This document contains information confidential and proprietary to the Bank. Additionally, the vendors will be exposed by virtue of the contracted activities to internal business information of the Bank, affiliates, and/or business partners. Disclosure of receipt of this tender or any part of the aforementioned information to parties not directly involved in providing the services requested could


result in the disqualification of the vendors, pre-mature termination of the contract, or legal action against the vendors for breach of trust. No news release, public announcement, or any other reference to this tender or any program there under shall be made without written consent from the Bank. Reproduction of this tender, without prior written consent of the Bank, by photographic, electronic, or other means is strictly prohibited. 2.28 Security The vendors’ proposal must include a plan to safeguard the confidentiality of the Bank’s business information, legacy applications and data. 2.29 Solicitation of Employees The Bank will insist on a clause that states the parties agree not to hire, solicit, or accept solicitation (either directly, indirectly, or through a third party) for their employees directly involved in this contract till full project implementation, except as the parties may agree on a case-by-case basis.

2.30 Bid Pricing Information By submitting a signed bid, the vendor certifies that:

The vendors have arrived at the prices in its bid without agreement with any other bidder of this tender for the purpose of restricting competition. The prices in the bid have not been disclosed and will not be disclosed to any other bidder of this tender.

No attempt by the vendors to induce any other vendor to submit, or not to submit a bid for restricting competition, has occurred.

2.31 Non-Disclosure Agreement/Service Level Agreement (SLA) The selected vendor shall be required to sign Non-Disclosure Agreement (Annexure XIII) and Service

Level Agreement (SLA) covering all terms and conditions of this tender and Purchase Order

confidentiality and non-disclosure clauses

2.32 Dispute resolution mechanism The Bidder and The Bank shall endeavor their best to amicably settle all disputes arising out of or in

connection with the Contract in the following manner:-

I. The Party raising a dispute shall address to the other Party a notice requesting an amicable settlement of the dispute within seven (7) days of receipt of the notice.

II. The matter will be referred for negotiation between General Manager of The Bank / Purchaser and the Authorized Official of the Bidder. The matter shall then be resolved between them and the agreed course of action documented within a further period of 15 days.

In case any dispute between the Parties, does not settle by negotiation in the manner as mentioned

above, the same may be resolved exclusively by arbitration and such dispute may be submitted by

either party for arbitration within 20 days of the failure of negotiations. Arbitration shall be held in

New Delhi and conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996

or any statutory modification or re-enactment thereof. Each Party to the dispute shall appoint one

arbitrator each and the two arbitrators shall jointly appoint the third or the presiding arbitrator.

The “Arbitration Notice” should accurately set out the disputes between the parties, the intention of

the aggrieved party to refer such disputes to arbitration as provided herein, the name of the person it

seeks to appoint as an arbitrator with a request to the other party to appoint its arbitrator within 45

days from receipt of the notice. All notices by one party to the other in connection with the arbitration

shall be in writing and be made as provided in this tender document. .


The arbitrators shall hold their sittings at New Delhi. The arbitration proceedings shall be conducted

in English language. Subject to the above, the courts of law at New Delhi alone shall have the

jurisdiction in respect of all matters connected with the Contract/Agreement. The arbitration award

shall be final, conclusive and binding upon the Parties and judgment may be entered thereon, upon the

application of either party to a court of competent jurisdiction. Each Party shall bear the cost of

preparing and presenting its case, and the cost of arbitration, including fees and expenses of the

arbitrators, shall be shared equally by the Parties unless the award otherwise provides.

The Bidder shall not be entitled to suspend the Service/s or the completion of the job, pending

resolution of any dispute between the Parties and shall continue to render the Service/s in accordance

with the provisions of the Contract/Agreement notwithstanding the existence of any dispute between

the Parties or the subsistence of any arbitration or other proceedings.

Notwithstanding the above, the Bank shall have the right to initiate appropriate proceedings before

any court of appropriate jurisdiction, should it find it expedient to do so.

2.33 Jurisdiction The jurisdiction of the courts shall be in New Delhi.

2.34 Notices Notice or other communications given or required to be given under the contract shall be in writing

and shall be faxed/e-mailed followed by hand-delivery with acknowledgement thereof, or transmitted

by pre-paid registered post or courier.

Any notice or other communication shall be deemed to have been validly given on date of delivery if

hand delivered & if sent by registered post than on expiry of seven days from the date of posting.

2.35 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 the company

secretary, authorizing an official or officials of the Bidder to discuss, sign agreement, contracts with

the Bank , raise invoice and accept payments and also to correspond. The Bidder shall provide proof of

signature identification for the above purposes as required by the bank.

2.36 Force Majeure The parties 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 Force Majeure. For the purpose of this clause, “Force Majeure” shall mean an event beyond the control of the parties, 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 parties, resulting in such a situation. In the event of any such intervening Force Majeure, each party shall notify the other party in writing of such circumstances and the cause thereof immediately within five calendar days. Unless otherwise directed by the other party, the party pleading Force Majeure 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. 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 parties 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 Vendor.

2.37 Vendor’s liability The Vendor’s aggregate liability shall be limited to the total contract value during the Contract Period.

However, there shall be no cap on liability of the Vendor for below mentioned events:

a) Any willful misconduct or gross negligence of the Vendor, its employees, its agents or employees of its subcontractors in the performance of the Services; b) Infringement of any patent, trademarks, copyrights, intellectual property rights etc. or such other statutory infringements or any other law in respect of the Services provided by the Vendor. The Bank shall not be held liable for and is absolved of any responsibility or claim/litigation arising out of the use of any third party software or modules supplied by the Vendor as part of this Agreement. In no event shall a Party be liable for any indirect, incidental or consequential damages or liability, under or in connection with or arising out of this Agreement or the hardware or the software delivered. Willful misconduct means where the Vendor intends actual harm upon Bank, which may harm Bank and does not include mistake or negligence in any form. Gross negligence means a serious disregard of an obvious risk. All terms and conditions, payments schedules, time frame for implementation, expected service levels as per this Agreement will remain unchanged unless explicitly communicated by the Bank in writing to the Vendor. The Bank shall not be responsible for any judgments made by the Vendor with respect to any aspect of the assignment. The Vendor shall at no point be entitled to excuse themselves from any claims by the Bank whatsoever for their deviations in confirming to the terms and conditions, payments schedules, expected service levels, time frame for implementation etc. as mentioned in this Agreement. The Vendor undertakes to provide appropriate human as well as other resources required, to execute the various tasks assigned as part of the project, from time to time. 2.38 Title and Risk of Loss The Vendor transfers title to a Machine to Bank upon installation. For each Machine, Vendor bears the

risk of loss or damage up to the time it is installed at Bank’s designated location. Thereafter, Bank shall

assume the risk. Each Machine will be covered by insurance, arranged and paid for by vendor for

Bank, covering the period until it is installed at Bank’s designated location.

2.39 No Employer-Employee Relationship The Firm / Company 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.

2.40 Ownership And Retention Of Documents The Bank shall own the documents, prepared by or for the selected Bidder arising out of or in

connection with the purchase and service agreement.

Forthwith upon expiry or earlier termination of the agreement and at any other time on demand by

the Bank, the Bidder shall deliver to the Bank all documents provided by or originating from the Bank

and all documents produced by or from or for the Bidder in the course of performing the Service(s),

unless otherwise directed in writing by the Bank at no additional cost.


The selected Bidder shall not, without the prior written consent of the Bank, store, copy, distribute or

retain any such Documents.

The selected Bidder shall preserve all documents provided by or originating from the Bank / Purchaser and all documents produced by or from or for the Bidder in the course of performing the Service(s) in accordance with the legal, statutory, regulatory obligations of the Bank in this regard. 2.41 Patent Rights/Intellectual Property rights In the event of any claim asserted by a third party of infringement of copyright, patent, trademark,

industrial design rights, etc. arising from the use of the products or any part thereof in India, the

Bidder shall act expeditiously to extinguish such claim. If the Bidder fails to comply and the Bank is

required to pay compensation to a third party resulting from such infringement, the Bidder shall be

responsible for the compensation to claimant including all expenses, court costs and lawyer fees. The

Bank will give notice to the Bidder of such claim, if it is made, without delay. The Bidder shall

indemnify the Bank against all third-party claims of infringement of patent, trademark, intellectual

property, copyrights or industrial design rights arising from use of the Products or any part thereof.

2.42 Termination

2.42.1 Termination for Default: The Bank, without prejudice to any other remedy for breach of

Contract, by a written notice of default sent to the Bidder, may terminate the Contract in whole or in

part:

(a)if the Bidder fails to deliver any or all of the Products and Services, within the period(s) specified in

the Contract, or within any extension thereof granted by the Bank;

OR

(b) if the Bidder fails, to perform any other obligation(s) under the Contract

In the event the Bank terminates the Contract in whole or in part, it may procure, up on such terms

and in such manner as it deems appropriate, Products and Services similar to those undelivered, and

the Bidder shall be liable to the Bank for any excess costs for such similar Products or Services.

However, the Bidder shall continue performance of the Contract to the extent not terminated.

2.42.2 Termination for Insolvency: The Bank may, at any time, terminate the Contract by giving

written notice to the Bidder if the Bidder becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the Bidder, provided that such termination will not

prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the

Bank.

2.42.3 Termination for Convenience: The Bank, by written notice sent to the Bidder, may

terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination

shall specify that termination is for the Bank’s convenience, the extent to which performance of the

Bidder under the Contract is terminated, and the date upon which such termination becomes effective

2.42.4 Consequences Of Termination In the event of cancellation of order due to any cause

whatsoever, [whether consequent to the stipulated term of the RFP or otherwise], The Bank shall be

entitled to impose any such obligations and conditions and issue any clarifications as may be

necessary to ensure an efficient transition and effective business continuity of the Service(s) which the

Bidder shall be obliged to comply with and take all available steps to minimize loss resulting from that

termination/breach, and further allow the next successor Bidder to take over the obligations of the

erstwhile Bidder in relation to the execution/continued execution of the scope of the Contract.


In the event that the termination of the Service Contract is due to the expiry of the term of the

Contract, a decision not to grant any (further) extension by The Bank , the Bidder herein shall be

obliged to provide all such assistance to the next successor Bidder or any other person as may be

required and as The Bank may specify including training, where the successor(s) is a

representative/personnel of The Bank to enable the successor to adequately provide the Service(s)

hereunder, even where such assistance is required to be rendered for a reasonable period that may

extend beyond the term/earlier termination hereof.

Nothing herein shall restrict the right of The Bank to invoke the Performance Bank Guarantee and

other guarantees, securities furnished, enforce the Deed of Indemnity and pursue such other rights

and/or remedies that may be available to The Bank under law or otherwise.

The termination hereof shall not affect any accrued right or liability of either Party nor affect the

operation of the provisions of the Contract that are expressly or by implication intended to come into

or continue in force on or after such termination.

2.43 Delays In The Bidder’s Performance

The bidder must strictly adhere to the implementation schedule, as specified in the purchase contract,

executed between the Parties for performance of the obligations, arising out of the purchase contract

and any delay in completion of the obligations by the Bidder will enable Bank to resort to any or both

of the following:

i. Claiming Liquidated Damages

ii. Termination of the purchase agreement fully or partly and claim liquidated damages.

iii. Forfeiting of Earnest Money Deposit / Invoking Performance Bank Guarantee.

2.44 Signing of Pre- Contract Integrity Pact To ensure transparency, equity, and competitiveness and in compliance with the CVC guidelines, this

tender shall be covered under the Integrity Pact (IP) policy of the Bank. The pact essentially envisages

an agreement between the prospective bidders/vendors and the Bank committing the

persons/officials of both the parties, not to exercise any corrupt influence on any aspect of the

contract. The format of the agreement is enclosed as annexure XIV.

Signing of IP with Bank would be one of the preliminary qualification for further evaluation. In other

words, entering into this pact would be one of the preliminary qualification for this tender and the

pact shall be effective from the stage of invitation of bids till the complete execution of the contract.

Any vendor/ bidder not signed the document or refusing to sign shall be disqualified in the bidding

process.

Sh.Ratan Kishore Bajaj has been appointed as IEM( Independent External Monitor) for the bank.

IEM can be contacted at :-

Sh. Ratan Kishore Bajaj,

Email: [email protected]

Mob: 9818156262


Chapter-3

Scope of Work

This Request for Proposal (“RFP”) is for Customization, Implementation and Operationalizationof Audit software for Branches/offices in CBS environment of the Bank. The offered Software for Internal Audit & Concurrent Audit must confirm to the latest guidelines issued by Ministry of Finance (Department of Financial Services)/RBI for conducting Audit of Branches in CBS Environmentincluding Off site Monitoring System (OMS).

3.1 List/module of Audits/Inspections to be covered:

a) Risk Based Internal Audit/ Inspection (RBIA) b) Risk Based Concurrent Audit (RBCA) c) Management Audit & Inspection of Zos & HO. Depts. (MAI) d) Credit Audit e) Revenue Audit f) Fact Finding g) Special Focus Audit h) Information System Audit i) Inspection by visiting officials from Zonal Office/ Head Office(Short Visit)

j) Annual Inspection of RCCs/ Currency Chests/Training Centres/ RRBs/ ARBs/ Stationary Dept etc.

k) Off-site monitoring; as per DFS, MoF Guidelines l) Audit of Outsourced Service Providers & Migration Audit. j) Pre disbursement Audit k) Legal Audit

3.2 Activities/Processes to be covered under Software: The proposed web based Audit Automation Solution should have all the modules required in an audit process such as; Preparation & Maintenance audit & inspection related database, identification of audit unit, preparation & monitoring of audit plan, process of identification/empanelment of Internal / concurrent Auditors, Scheduling and allotment of units to the auditor/ team of auditors, generation of audit report as per check list (which covers work area such as Deposits, Credit, Credit Monitoring, Operations, Foreign Exchange, Recovery, Administration, Profitability etc.), generation of Executive summary out of complete audit report, follow up of FPR/FRC etc., Generation of due date for closure of audit & inspection report, Revenue leakage detected and recovered during current month as well as cumulative figures. Date of ZACE meeting held and pendency for holding ZACE meeting. Making audit reports format (check list) available to auditors, facilitating auditors by providing data collated from various system/ solutions of the Bank including CBS, Verification by auditors and making observations of irregularities/ deviations, Risk Assessment, escalation to the other users for submission of compliance, Verification of compliance and acceptance/ rejection, Provision for multiple rejection & resubmission, collation of various audit reports. Performance evaluation of Concurrent Auditor. Migration of existing data of Internal/ Concurrent Auditors in the new solution. Software should have provision of maker & checker.

3.3 Project Objective The Bank intends to appoint competent bidder for Customization, Implementation and

Operationalization of Audit software for Branches & Offices in CBS environment. The Software must

confirm to the latest guidelines issued by Ministry of Finance (Department of Financial Services)/RBI

for conducting Audit of Branches in CBS Environment. This would include the followings:


(i). Implementation of web based application for Risk Based Internal Audit (RBIA) / Risk Based Concurrent Audit (RBCA) with offline facility.The offline facility should be provided to upload the audit work done by the auditor during and after office hours. Auditor should have facility to save the work done on local PC/ laptop to upload the same to the system later, when system shall be available to him/her at branch/office. Offline module is required tosave man days. The application should have maker & checker concept.

(ii). Maintenance of Internal Auditors list ZO wise/ ZI wise for allotment of work/branch. (iii). Maintenance of Branch Master. (iv). Maintenance of Master (Others) as per requirement of Bank like maintenance of master

details of internal auditors / concurrent auditors / external auditors/IS auditors in the system. Maintenance of master details of BO/ZO/Zis/HO authorizing officials.

(v). Capture of relevant data from CBS or other systems to facilitate Internal/ RBIA/ Concurrent Audit etc. The relevant branch data for audit needs to be captured from CBS and other system as per requirements of DFS, MoF & RBI checklist and guidelines. Presently data for Branch profile is to be captured from CBS. The automatic mechanism for loading and required infrastructure to be provided by the bidder. The complete cost of integration with Banks CBS system will be borne by bidder.

(vi). Introduction of various checklists / Reports to verify and make observations in the solutions.

(vii). Submission of audit compliance & closure of reports. (viii). Monitoring of critical and pending issues, generation of various MIS Reports, Dash board

with drill down and analysis of the data. (ix). MIS data for analysis, reporting to top management and to support other audits as listed

above. (x). Audit Plan: The annual audit plan generated by the proposed System and subsequently

approved by the top Management should include the schedule and the rationale for audit work planned. It should include audit calendar on the basis of Risk. It should also include all risk areas and their prioritization based on the composite risk; subject to regulatory guidelines, as applicable. On the scheduled date, the assigned Auditor must have a copy of last audit Report/MAP/FPR/FRC i.e. compliance level details etc. It should be available in the web based system itself. The Audit plan shall be for a Financial Year (April-March)/ Calendar Year (January- December/ any other duration as per requirement and will cover those branches which will be due for Risk Based Internal Audit as per their Risk Rating in previous RBIA. RBIA of a branch may be preponed/ postponed on the basis of offsite monitoring /RBCA rating/complaint etc. Each parameter of control risk is assigned marks as per level of risk identified by the auditor. Percentage of marks of all control risk parameters (Maximum & actual marks awarded) is considered for arriving Control Risk. Likewise Business Risk has predefined maximum marks for scoring.

(xi). Generation of identified reports from CBS for audit & inspection purpose. (xii). Off-site Monitoring: The data shall be provided by ADF MIS server at a specified location

in the audit server. Off-site Monitoring is a separate module covering generation of alerts on areas (particularly related to audit & inspection) scenarios as per DFS, MoF guidelines and generation of MIS Reports. Frequency & Distribution of Reports to the users will be finalized with successful bidder.

(xiii). Dashboard will be at Central Location and ZO/ZI/HO/ Top Management should be able to access the same.

(xiv). Audit Software should comply with the official language policy. There should also be an option to provide Audit Report/Compliance Report in Hindi, if users desire so.

3.4 MIS and Dash Board Data of the audit report to be included in MIS and Dash Board. It should be customized as per Bank’s requirement. The software should have provisions of exporting various reports in MS-Excel/ PDF/


MS-Word output towards which Bank will advise on requirement of various column heads for various report / data outputs in Excel/ PDF/ Word. 3.5 Audit/Inspection process/workflow: The internal Audit/ Inspection work flow and process include the following:

a) Drawing up and formulating Audit Plan b) Extraction of Branch data/ reports relating to the Branch c) Conducting audit/inspection at the Branch/Office d) Compilation of the audit/inspection reports with observations and findings e) Submitting observations/ findings by the Auditor/ Inspector f) Rectification of irregularities pointed out and Compliance of the observations, g) Monitoring of the compliance by Zonal office/ Zonal inspectorate/ Head

Office of the progress in rectification of the irregularities, observations/findings h) Review and closure of the Audit Reports, i) Analysis of the findings based on risk levels, nature of irregularities, geographical

analysis, branch category-wise, amount-wise, based on pendency, etc. j) Compilation of summarized notes containing detailed information on irregularities

observed, progress in rectification, risk level of branches for placing to the Top Management/ Audit Committee of Executives/Audit Committee of Board and Board of Directors

k) Convening meetings of inspectors/ auditors with Branch Managers and officials of Zonal Office regarding the findings, observations, difficulties faced, suggestions, systemic changes required, if any, etc.

I) Placing reports/notes before the Top Management in respect of major findings/ irregularities, status of compliance, monitorable action plan, etc.

3.6 Flow of Audit Reports

3.7 Operationalization of Audit Software. Customization, Implementation and Operationalization of Web based Audit automation software for Branches in CBS environment. Bank’s team will do the USER ACCEPTANCE TEST (UAT); module by module and also will give the sign off for each module individually. Software shall be deemed to have been accepted only after Bank’s acceptance. 3.8 Purpose: The Bank intends to issue this RFP document to eligible Bidders to participate in the competitive bidding for appointment of Vendor for supply, customization, implementation and operationalization of web based software solution for Automation of Audit & inspection in CBS environment of the Bank on turnkey basis. 3.9 The objective of the project for which RFP has been issued includes the following:

Auditors at Branch to BO/ZO/ ZI/ HOI

Report shall be available to Auditee, ZO, ZI & HOI

ZO/ZI In-charge/ HOI for Authorization /Confirmation of contents of report and Risk Rating

Auditee to submit the pointwise reply/

compliance

Accepted compliance will appear at ZI/HOI for closure. On acceptance of all issues, report shall stand as “closed”. If ZIO/HOI disagree with ZO, same shall be reverted to BO/ZO/ZI for re-submission of revised compliance

ZO/ZI/HOI shall accept/reject the reply/ compliance. If compliance of a parameter is accepted, colour of fonts will become GREEN. If rejected colour of fonts will become RED. On rejection, branch will resubmit the compliance. Compliance


1. Bank proposes to automate the Audit & inspection process for which this RFP is invited from the bidders to provide the required software solution.

2. Implementation of up-to-date guidelines on Audit Systems issued by Ministry of Finance, Department of Financial Supervision, Govt. of India, RBI etc.

3. Implementation of up-to-date guidelines on Risk Based Internal Audit issued by Reserve Bank of India.

3.10 Project Scope:

1. The Bank has 1500 + Branches, 25 Zonal offices (Zos) and 5 zonal inspectorate besides other back offices such as various departments at Head Office, Service Branches, Currency Chests, Stationery Dept., Call Centre, Staff Training Centre(s), Lead Bank Office, etc. which are subject to inspection.

2. Implementation of web based solution for Risk based Internal Audit (RBIA)/ Risk Based Concurrent Audit (RBCA)/ MAI/ IS Audit etc. with online and offline facility. The offline facility should be provided to upload the audit work done by the auditor during and after office hours, Auditor should have the facility to save the work done on local PC/Laptop to upload the same to the system later on when system shall be available to him/her at Branch/Office.

The proposed solution should be able to cover the audit inspection of all branches with further scalability to cover new branches opened from time to time.

4. The software solution should be able to deliver the following:

a) Bidder should be able to supply, customize, implement and maintain the web based solution/software for internal audit automation across the Bank.

b) The solution should work seamlessly throughout the Bank Branches and Offices including present and future branches/ offices.

c) The solution should be able to extract and make data /information available for conducting of audit/ inspection and automate the entire audit process.

d) The proposed solution should have the various audits configured in the system. The Bank should be able to conduct the audits with suitable checklists as per changing needs/requirements which should be made available in a database. Any changes in formats or checklist should be easily available in the software.

e) The solution should facilitate workflow automation.

f) The software should have the provision for uploading the Bank’s updated guidelines/circulars/manuals from where the user can refer for easy and ready reference.

g) Introduction of various checklists, generation of reports to scrutinize, analyze, make observations and report to top management.

h) Monitoring of critical and pending issues, generation of various MIS Reports and analysis thereof.

i) Any changes in checklist (Addition/Modification/ Deletion), changes in scoring system etc.

shall be done free of cost

3.11 TECHNICAL SPECIFICATIONS

3.11.1 Bank is presently using the following major solutions for its activities:

Type of System Database CBS (Finacle 7.0.25 from Infosys Tech.) Oracle 11g


3.11.2 Branches are presently using bandwidth – VSAT ( 64 kbps), Leased Lines/RF of 64 kbps, 128

kbps, 256 kbps, 512 kbps and 2 mbps. 3.11.3 The proposed solution should be capable of-

- running on existing bandwidth of branch /office in shared mode at minimal bandwidth without any impact on performance of existing application.

- collecting the data from these environments and easily map to any other related solution. The cost of Integration of audit software with Core banking system will borne by the bidder.

- Scalability to integrate with higher version of CBS and other software. - Browser based where clients/ users should be able to connect to the server through URL

3.11.4 The software should have the following general features:

Easy to use GUI based software.

o Highly scalable architecture. o No impact on the performance of the source I destination system to which it is

integrated.

o Parameterized review options to define set of rules as & when required. Facility

to define workflow as per the rules defined by the Bank.

o Provision to store all types of audit reports centrally for future check/ reference/

requirements.

o Provision for archival and retrieval of old records related to audit/ inspection.

o HTTP caching thereby reducing the Bandwidth requirement.

The bidder shall provide detailed solution architecture showing all internal components of process workflow.

3.11.5 The solution should have facility like User Management. The user-management should be available to Administrator(s), which may be in HO or in Other Offices like Zonal Inspectorates and Zonal Offices etc. The solution should provide option to create users with different levels with different powers.

3.11.6 Hardware sizing

a) The Vendor shall be responsible to arrive at the server hardware sizing, its configuration and specifications and related software for the application required as per the RFP.

b) The Vendor should size for adequate hardware, so that high availability of application and database can maintained.

c) The hardware sized for the applications should be redundant & scalable.

3.11.7 Enterprise license on proposed Software solution

a) The license for the solution to be Enterprise level for the module(s) offered without any constraint on number of branches/offices or users for the Bank’s operations.

b) The solution will be installed at Bank’s Data Centre at Mumbai and at Disaster Recovery (DR) Centre at Delhi for which no application licensing cost shall be paid by the Bank.

c) Enterprise License would mean – Unlimited Client License for Bank Branches/Offices/Subsidiaries (present as well as future) as well as DR setup.

d) The Bidder has to ensure that the supplied software is legal version and no pirated software should be supplied to the Bank.

3.12 Disaster Recovery Mechanism


The proposed system must be capable of and compatible for Disaster Recovery Implementation. The successful bidder should implement disaster recovery infrastructure and applications at Disaster recovery site of the bank.

The bidder has to submit the technical architecture relating to data replication between primary and secondary site including replication bandwidth requirement. Network link and router will be provided by the bank rest of the infrastructure has to be provided by the vendor.


CHAPTER-4 FUNCTIONAL REQUIREMENTS

4.1 Users in audit system and their functions Various categories of users in Audit system and their functions in brief are furnished below: As the users will be largely Bank’s serving employees, an interface with CBS / Finacle for user management may be considered.

a) Inspectors – Internal/External or a group of auditors with a team leader tasks to be performed are import/entry of records chosen for verification, recording of observations/deviations and other comments, acceptance and closure of compliances, periodical reporting.

b) Branch Functionaries – Branch Head for compliance, allocation for compliance and approval/ return of compliance submitted. Periodical reporting of status of compliances, submission of comments on periodical status reports received and generation of other MIS reports. Other functionaries, with activity specific responsibilities for compliance recording, and submission for approval/closure.

c) Controlling Office functionaries – MIS on status and trends and summaries, comments/remarks on periodical status reports receipt for return to branches.

4.2 Work areas in Audit / Inspection Internal Inspectors / Auditors are required to carry out Risk based Audit and verify various types of risks, viz., Business Risks and Control Risks to comply with Statutory/Regulatory guidelines.

A) Credit Risk

a) The credit accounts to be verified by Inspectors / Auditors will be selected from the data available from CBS (Finacle).

b) Checklists for verification will be made available to Inspectors / Auditors. Various checklists will be designed based on the risk profile/activity of the branch/unit. .

c) Making appropriate observations whether Complied with (Yes) / Not complied with (No) / partially complied with / Not applicable. In case of non/partial compliance suitable comments will be made along with Risk categorization of the observation.

d) Income/ revenue leakages, if any, in respect of advance accounts are to be detected by Inspectors / Auditors and a separate data is required to be maintained for marking partial/full recovery during inspection period and later on.

e) Checklists covering post sanction follow up, credit monitoring etc. are to be verified at periodical intervals covering areas like Income Recognition & Asset Classification, unit inspection, insurance, review/renewal of limits, Branch Certificate of Compliance,

CERSAI, Consortium meetings, Exchange of credit information, stock statement, stock audit, SMA monitoring, initiation of legal proceedings, review of suit status, restructuring, write-off etc

B) Operational Risk:

a)The Inspectors / Auditors are required to verify transactions / accounts for any deviations / non compliances including quantification of income leakages / losses from remittances and lockers etc., report these deviations / non compliances through audit observations for rectification, review the compliance status including recoveries and close the audit notes as dealt with.

b)For compliances, time-lines are fixed. Summarized position of audit notes generated, non-

compliances observed, including income leakages and status of compliances/ outstanding items are furnished to Controllers and others in the hierarchy as per the prescribed periodicity.


c)External Compliance: Verification of compliance of various mandatory / regulatory requirements – either manual or from the data collected from various CBS reports.

d) Inspectors/Auditors may be one or more at a branch unit. Audit observations are

structured (choosing the irregularity through drop down) as well as unstructured with free text formats. Inspector / auditor may also be allotted more than one branch.

4.3 The broad functional requirements for the solution include but not restricted to the following:

Capability of customization as per Bank’s requirements and it should conform to the latest

guidelines issued by Ministry of Finance and/or Reserve Bank of India and to be adapted

as per need of the Bank, to be modified from time to time.

Option to parameterize / change parameters any time on risk analyses methodology.

Marking pattern, application of risk weightages, etc. at any time.

capability to support assigning level of risks such as Critical, High, Medium, Low, No

Impact etc. along with Risk Matrices for the unit of Audit. These levels should be user

definable. It should be possible to extract a Branch wise/ Region-wise/ Bank as a whole list

of irregularities of a given level of risk.

Capability to support end-to-end audit process including audit planning, testing and

evaluating controls, making observations, reporting and follow-up.

The functionality to store the ratings. It should be possible to store the ratings for earlier

years also and generate various type of reports based on the ratings.

The software should enable/aid the Bank in recognizing and evaluating:

-The control environment in various areas and gaps, if any, in control mechanism which

might lead to frauds, identification of fraud prone areas.

- capability to generate audit plan for the financial year, provision to make changes in the

plan, compare the actual audits with the Audit Plan and point out deviations.

- Able to generate letters/ email for the communication with Branches and Administrative

Offices/ external auditors etc. The controlling office should be able to generate reminders

through letters/email/SMS, etc. in respect of branches/offices where the inspection

reports are pending.

- Option to generate multiple reports on different parameters with different formats.

- The solution should give reports on overall risk of individual group of branches/ region

and Bank as a whole.

- The solution should store the status regarding various Inspection reports such as open,

closed, partial rectification, closed with open/pending items. Bank should be able to define

such parameters.

- The solution should give multiple option for view / print / save/ export in excel / pdf/

word format for various reports generated.


4.4 Following levels of checklists/observations are required, date-wise for Inspectors/ Auditors:

a)Product/Scheme/Branch specific and account based;

b)Activity specific and transaction based.

c)Compliance based such as KYC, FEMA etc.

d)Checklist of Compliances – product and transaction specific.

e)Broader Response on Compliances/Non Compliances.

f)Possible reasons for each item of non-compliances along with boxes for remarks.

g)Account/Transaction level aggregation of no. of compliances required and no. of non-

compliances.

h)Report of individual non-compliances and Product – Activity wise summary of non-

compliances to be forwarded for compliance.

i) Compliance Officer/Branch Head/Designated Functionary, with suitable hierarchy with

higher level having facility to re-direct for compliance.

j) Date-wise, or product/ activity wise list of non-compliances reported with provision for

recording compliance and submission to auditor.

k) Summary of non-compliances (to include compliances submitted – to be accepted by

Inspector / Auditor, compliances accepted by Inspector / Auditor and closed) with drill-

down with provision for compliance and submission to Inspector/ Auditor.

I) Compliances to capture user id and date of compliance.

m) Compliances may be submitted directly to Inspector / Auditor or marked to higher

authority for approval and submission to Inspector / Auditor.

n) MIS: Aggregation of Deviations, Outstanding Items for Compliances, customized reports

for Controllers and Inspection Department. Dashboard for 360 degree view of non-

compliances under various heads and compliance life-cycle.

0) The check list would cover all areas including Deposit, Loans, Accounts, Transactions,

Collections, Security Papers, Govt. Business, Foreign Exchange, Fund based and Non-fund

based business, Recovery, NPA, Lockers & other services, ATM, Branch Security, Third

party products, IT procedure and security, Customer Service, Alternate Delivery

Channels, etc.

4.5 Project Completion Time line: Total 24 weeks

The schedule of activities towards completion of the project is given below:

Time

Activity

T T+4

weeks

T+8

weeks

T+12

weeks

T+16

weeks

T+20

weeks

T+24

weeks

Purchase order

SRS(system requirement

specification

Hardware delivery +Software

Delivery


customization/ parameterization

Training on UAT Environment

UAT and going live including data

migration and interface

development

Onsite support at HO inspection

department

Go Live

T= Date of purchase order

Description:

1. 4 weeks for preparation of System Requirement Specification (SRS) from the date of

purchase order.

2. 12 weeks for customization / parameterization from date after preparation of System

Requirement Specification (SRS).

3. 8 weeks for UAT and going live including data migration and interface development.

4.6 Customization of the Software On awarding the contract, the successful bidder should discuss with core users (Inspection

department team) of the Bank for understanding the functioning of the existing system and gap

analysis. He shall prepare a customization document in addition to SRS based on the gap analysis and

other requirements of the RFP. The customization document should provide the plan in detail based

on the criticality of the requirements.

4.7 User Acceptance Test of Software The Bank conducts ‘User Acceptance Test’ (UAT) for the SOFTWARE (web based) of all the audit

modules mentioned in clause 3.1 in CBS Environment. UAT to be conducted for a sample branch /

department for all modules. The Solution, to ensure that all the functional requirements are available

as per SRS. It will be the successful bidder’s responsibility to create the testing environment, test plan

and share possible test cases for testing the product features and the successful bidder will be

required to assist the Bank in the entire testing phase. The Bank’ will accept the developed/

customized software only after implementation of the software with successful conduct of acceptance

testing by audit /inspection team users. Software will be considered to be accepted only after the Bank

issues an acceptance letter to the successful bidder. New Software may be adhering to, for risk

analysis and security features by Bank’s Audit team or a third party successful bidder appointed by the

Bank, if so desired by the Bank.

4.8 Training Successful bidder shall organize for training (familiarization) to the Bank’s team as follows:


• 5 days training is for bank’s Technical and inspection team before UAT and 2 day training

for staff of Zones at different locations.

• Training for bank’s user at zonal inspectorates (i.e. Amritsar, Chandigarh, Jalandhar,

Kolkata, Lucknow, Mumbai, New Delhi ) at 7 locations for auditors/staff for 2 day each.

• Number of training locations may be 33, 7 ZI and 25 Zonal offices and HO inspection

Department .

• Module wise Job cards to be provided (both in Hard and soft copies) to all the trainees

along with accounting entry illustrations for each type of transactions, including relevant

system generated transactions.

• The cost of training should be factored in the cost of the bid. However the bifurcation of

the training cost should be provided in commercial bid where bidder has to mention the

Training cost i.e. Training cost should be mentioned. Bank may consider future trainings

at the same cost, payable by the Bank, if needed..

4.9 Technological Up gradation Further, the vendor should upgrade equipment’s with the latest software versions as part of

technological upgradation i.e., equipment OS upgradation, application upgradation etc., as and when

required, without any additional cost so as to deliver the SLAs specified during the contract period.

Vendor will signup back-to-back contract with the OEM for regular upgrades.

Preventive Maintenance/ Patch Management/ upgradation shall be done by the bidder at least on

quarterly basis during the contract period.

4.10 Audit by Third Party Bank or its authorized representative or Regulator authority/Reserve Bank of India (RBI) may audit

the operations of vendor which is related to activities assigned to them.

4.11 Security The successful bidders’ proposal must include a plan to safeguard the confidentiality of the Bank’s

business information, legacy applications and data.

4.12 Project Review Successful bidder has to engage an experienced onsite Project Manager for this assignment, who

should have direct experience of successful implementation/ management of one large AUDIT

SOFTWARE (WEB BASED) project for a banking/ financial organization preferably in last 2 years.

A certificate to that extent is required to be produced from the user Banker (signed by Head (Audit/

Inspection) /Deputy Head (Audit/ Inspection).

Detail Project review must be conducted during project execution at no additional cost. These reviews

are required weekly with the project leaders/ project manager or steering Committee level (of

successful bidder and the Bank) respectively. The review will be in order to monitor progress of the

project and take necessary corrective action, if required. The successful bidder will submit weekly

reports regarding the progress of work along with the corrective actions/ suggestions and risk

management plan. Any document submitted by the successful bidder should be properly backed up by

quality review documents.

4.13 Maintenance During the terms of this agreement the successful bidder agrees to maintain all the solution.


4.14 Authenticity of Software The successful bidder shall authenticate that the software supplied to the Bank are licensed, legally

obtained and will not require any further licensing costs, other costs or any other software purchase

to meet the above mentioned operations. There is no specific format for guarantees on software.

4.15 Escrow The Bank and the successful bidder shall agree to appoint an escrow agent to provide escrow

mechanism for the deposit of the source code for the Audit software product supplied/procured by

the successful bidder to the Bank in order to protect its interests in an eventual situation. The Bank

and the successful bidder shall enter into a tripartite escrow agreement with the designated escrow

agent, which will set out, interalia, the events of the release of the source code and the obligations of

the escrow agent. Costs for the Escrow will be borne by the successful bidder. As a part of the escrow

arrangement, the final successful bidder is also expected to provide a detailed code documentation of

the Audit software solution which has been duly reviewed by an external independent

organization/consultant of the Bank. The Escrow arrangement suggested by the successful bidder

shall not be binding on the Bank. The Bank reserves the right to explore alternate escrow mechanisms

based on the Bank’s existing practices. The Bank and the successful bidder may enter into such escrow

arrangement that is mutually agreed upon by the two parties.

The escrow will be released and become the property of the Bank in the event that the agreement is

terminated for either default or insolvency or should the successful bidder cease, or give notice of

intention to cease providing maintenance or technical support service for the software as required by

the agreement.

4.16 Monitoring & Audit Compliance with security best practices may be monitored by periodic computer security audits /

Information Security Audits performed by or on behalf of the Bank. The periodicity of these audits will

be decided at the discretion of the Bank. These audits may include, but are not limited to, a review of;

access and authorization procedures, backup and recovery procedures, network security controls and

program change controls. The successful bidder must provide the Bank auditors/or auditors

appointed by the Bank, access to various monitoring and performance measurement systems. The

successful bidder has to remedy all discrepancies observed by the auditors at no additional cost to the

bank and hence will ensure all necessary compliance.

For service level measurement, as defined in SLA, data recording is to be captured by the industry

standard tools implemented by the Successful bidder. These tools should be a part of the proposed

solution.

Concurrent Auditors submits weekly report on deviations to BM, Monthly report to ZM and Quarterly

RBCA to Branch/ZO/ZI/ Head Office.

4.17 Acceptance of Terms and Conditions The bidders participating in the tender process should give an Acceptance Certificate for all the points

mentioned in the tender. Otherwise their offers are liable to be rejected.

4.18 No liability of Bank towards employees / agents of successful bidder Notwithstanding anything contained herein before and hereinafter, Bank shall not be liable in any

manner for making any payment to any employee or agent of the successful bidder;

(i) for the services rendered in and for Bank or for bank by such employee or agent, as

the case may be, towards performance of the contract to be entered into between

Bank and the successful bidder, on express or implied instructions of the successful


bidder, and (ii) for any claim accrued or claimed to have accrued in favour of such

employee or agent arising due to such services and /or due to any consequences of

such services as aforesaid, under any law.

4.19 Data Integration/Migration The proposed AAF solution will be integrated with CBS and other applications and the bidder will provide data migration as and when required without any additional cost to the bank. If the existing CBS solution is upgraded from Finacle 7.x to Finacle 10.x or higher version within three years from the selection of successful bidder, the bidder will integrate the AAF solution with the upgraded version of CBS without any additional cost to the bank.


ANNEXURE –I

Tender Covering Letter

The Assist General Manager – IT


Dear Sir,

Sub: Selection of vendor for Automation of Audit Function(AAF) under Rate Contract- Tender Ref No.________________________________ dated _________________

With reference to the above RFP, having examined and understood the instructions including all annexure, terms and conditions forming part of the Bid, we hereby enclose our offer Automation of Audit Function(AAF) Under Rate Contract forming Technical as well as Commercial Bids being parts of the above referred Bid. Further we agree to abide by the terms and conditions of this tender and our offer shall

remain valid for 180 days from the date of commercial bid opening and our offer shall remain

binding upon us which may be accepted by the Bank any time before expiry of 180 days.

Until a formal contract is executed, this tender offer, together with the Bank’s written acceptance

thereof and Bank’s notification of award, shall constitute a binding contract between us.

We understand that the Bank is not bound to accept the lowest or any offer the Bank may receive.

We also certify that we are not blacklisted / banned by any Public sector Bank/PSU/GOI

Department at the time of bid submission.

Dated this ____day of __________, 2019

Signature: (In the Capacity of)


ANNEXURE –II

Compliance to Minimum Eligibility Criteria

The Minimum Eligibility Criteria for the bidder shall be as under:- S No. Eligibility Clause Complied (Y/N)

EC-1 The bidder must be a Limited Company/ Private Limited Company , registered in

India under the companies Act 1956

EC-2 d) The bidder should be an OSD or authorized partner of OSD for supply of

licenses and solution implementation and maintenance support under

warranty / AMC for the solution.

e) If bidder (partner of Original Solution Developer (OSD)) is not able to fulfill

its obligation to support the solution during the contract period, OSD will

have to ensure support as per contract. An undertaking from the OSD to this

effect must be submitted.

f) One bidder can bid only with one OSD and similarly one OSD can bid with

only one bidder.

EC-3 The bidder should have a minimum turnover of Rs. 20 crores per year during last

three financial years. (i.e. FY 2015-16 , 2016-17 & 2017-18)

EC-4 The Bidder must have positive net worth in last 3 financial years (i.e. F.Y FY

2015-16 , 2016-17 & 2017-18)

EC-5 The bidder should be engaged in supplying, installation and providing

maintenance services for software in India for at least last 5 years.

EC-6 The bidders / Authorized Representative must have support office in India.

EC-7 The Bidder should not be banned by any Public sector Bank/PSU/GOI Department as on date of submission of bid.

EC-8 The Bidder has to give unconditional undertaking for providing service support ,

component parts, software’s, Hardware, network devices etc. of all quoted

products for minimum five years from the date of installation.

EC-9 The Bidder must have supplied and implemented the proposed solution in at

least one public sector Bank/ Scheduled Commercial Banks.

Signature

Seal of Company


ANNEXURE- III

FUNCTIONAL/TECHNICAL SPECIFICATIONS RESPONSE SHEET

1)

SI NO Particulars Reference of Banks *

Finacle Platform(Yes/No)

Credentials on past experience in implementation of audit software

2)

Sr. No Particulars

Modules Availability (Yes/No)

1 Number of audit modules as per bank’s requirement available in the software

RBIA 2 RBCA 3 Management Audit & Inspection (MAI) 4 Credit Audit 5 IS Audit 6 Inspection by visiting officials from Zonal Office/ Head

Office (short visit), Annual Inspection of RCCs/ Currency Chests/Training Centres/ RRBs/ ARBs/ Stationary Dept etc

7 Offsite Monitoring 8 Audit of Outsourced Service providers & Migration Audit

9 Revenue Audit 10 Legal Audit

11 Pre disbursement Audit 12 Special Focus Audit 13 Fact Finding

3)

Particulars Count

Present number of specialized personals engaged in implementation audit software by the bidder.

Minimum Qualifying Score will be 60%. In case there is only one bidder above 60% ,then

the next highest bidder with score not less than 50% may be considered for further

evaluation at bank's discretion.

Note: 1. All references have to be from commercial banks in India only.

2. Banks exclude Regional Rural / Cooperative Banks.

The Bidder is required to provide documentary evidence for each of the above criteria and the

same would be required on the client’s letter head in case of credentials.


Annexure-IV

Bidder’s information

The Assist.General Manager (IT)


Reg :Automation of Audit Function (AAF) under Rate contract

With reference to your RFP No._________________________________dated ________________(Read with its

Addendums/Corrigendum/Amendments), we submit necessary information hereunder:-

1. Name & address of the Company with direct

phone numbers

2. Name of the company

3. Registration No. and date of establishment

4. Website Address

5. Email Address

4 Present strength of the firm

(a) Is Company ISO Certified

(b) No. of sites handled presently

(c) Nos. of Staff Members

5 Average time required to attend the call

during 3 year warranty

6 Total Service Support centers in India

7. Detail of Tender Fee and Earnest Money

Deposited.

8. Figures for last 3 years (in Crores with two

decimal):-

Annual Turnover

Profit

2015-16 2016-17 2017-18

__________ ___________ ___________


9 Income Tax PAN

10 GST NO.

11 Previous Assignments with the Punjab & Sind

Bank, if any, during the last five years

Assignment Year

______________________ __________

______________________ __________

______________________ __________

______________________ __________

12 If Assignments done (as per Column 13)

with Punjab & Sind Bank, whether

Satisfactory Performance Letter is attached

with the Bid

Yes / No


DECLARATION

I/We hereby declare that the terms and conditions of the tender stated herein and as may be

modified/mutually agreed upon are acceptable and biding to me/us. We understand and agree

that:-

1. The Bank is not bound to accept the lowest bid or may reject all or any bid.

2. If our Bid for the above job is accepted, we undertake to enter into and execute at our cost,

when called upon by the Bank to do so, a contract in the prescribed form. Unless and until a

formal contract is prepared and executed, this bid together with your written acceptance

thereof shall constitute a binding contract between us.

3. If our bid is accepted, we are to be jointly and severally responsible for the due

performance of the contract.

4. The Bank may accept or entrust the entire work to one Bidder or divide the work to more

than one bidders without assigning any reason or giving any explanation whatsoever and

the Bank’s decision in this regard shall be final and binding on us. Bidder means the vendor

who is decided and declared so after examination of commercial bids.

5. We assure to comply with the licenses, software and hardware configuration, that will be

original, no duplicate or old/used parts/ licenses will be supplied. Software licenses

numbers will be provided and will be genuine.

6. We undertake to give a service commitment along with availability of spare parts and

technical support for complete AAF solution for at least two years post warranty.

7. In view of the critically of the application, the equipment(s) at any time will be kept by us

in efficient running condition. Immediate replacement of defective

parts/patches/OS/application will be done with a view to ensuring 99.5% uptime of the

entire AAF solution.

Name of person Authorized to sign

Mobile No.

Email

Date:

Place :

Official Stamp: SIGNATURE OF AUTHORISED SIGNATORY

ANNEXURE –V

ACCEPTANCE/COMPLIANCE CERTIFICATE

All Terms and Conditions including scope of work (Technical specifications)

We here by undertake and agree to abide by all the terms and conditions stipulated by the Bank

in this RFP including all addendum, corrigendum etc. Any deviation may result in

disqualification of bid.

Technical Specification

We certify that the solution offered by us for tender conform to the specifications stipulated by

Bank and without any deviations.

Signature:

Seal of company

49 | P a g e

ANNEXURE-VI

SERVICE SUPPORT CENTERS DETAILS

S. No. Location Status of Office Working days &hours

No. of

Maintenanc

e

Engineers

Address Office

Tele./fax

Number

Name of contact Person with contact number

Signature and Seal of Bidder

50 | P a g e

Annexure - VI A Reference Site Details

(Please provide detail of at least one Scheduled Commercial Bank)

Bank Name

Address

Telephone Number

Fax Number

Contact Name

Title

What is or was the contact’s role on the implementation/ project?

State the duration of the implementation

Go Live date for the pilot offices

Which modules and version of the software are being currently used?

What version of Operating System, database etc. is in use? Are there any other system used in conjunction with the application software like front end systems etc.? Please provide details if any.

State number of offices/branches using the software

Modules used at HO

Modules used at other offices/ branches

Status of Disaster Recovery Site

State the number of employees and users using the software.

State the maximum number of on-line users in any office/branch where your modules are installed and specify all the modules that are in concurrent use

State, if any, interfaces to external systems are implemented at this site

State, if any, interfaces to CBS System and/or other systems are implemented at this site.


51 | P a g e

ANNEXURE-VII

DETAIL OF PERFORMANCE DURING LAST 3 YEARS

NAME OF BIDDER:_______________________________

Order

Placed

by(Full

Address of

Purchaser)

Order

No.

and

Date

Description

and

Quantity of

ordered

Equipment

Value

of

Order

Date of

Completion

Remark

(reason

for late

delivery)

Performance

of

equipment

(Attach

certificate

from

customer)

As per

Contract

Actual


52 | P a g e

Annexure VIII Format for Commercial Bid

Note:

1. This bill of material must be attached in Technical Offer as well as commercial offer. The format will be identical for both Technical and Commercial Offers, except that the Technical Offer should not contain any price information. Technical Offers without the bill of material will be liable for rejection.

2. All the offer must be quoted on the basis of comprehensive warranty (one year for software and three year for hardware) including license cost.

3. Vendor must take care in filling price information in the Commercial Offer, to ensure that there are no typographical or arithmetic errors. All fields must be filled up correctly.

For DC and DR setup (Table -1 - 2)

Table-1

(Amount in Rs)

Table 2:

Hardware, System Software, RDBMS, Network equipment, storage etc. as per Industry Standard.

(Amount in Rs.)

S. No Item Quantity Cost including Warranty (1 Year)

ATS (4 Year)

Total

1. Automation of Audit Function Solution

2. Training 3. Others (if any , specify)

A : Total (1+2+3)

S.No Item Quantity

Cost including warranty (3/1

Years)

AMC/ATS (2/4 Years)

Total (*)

(I)+(III)

OR (II)+(IV)

1 Server

3 Years (*) (I)

1 Year (II)

2 Years (*) (III)

4 Years (IV)

1.1 Database Server

1.2 Application Server

1.3 Web Server

1.4 Database Server –

53 | P a g e

UAT /Training 1.5 Application Server –

UAT /Training

1.6 Web Server – UAT /Training

1.7 Any other (Please specify)

2 Operating System

2.1 OS for AAF Database Server

2.2 OS for AAF Application Server

2.3 OS for AAF Web Server

2.4 OS for AAF

Database Server- UAT/Training

2.5 OS for AAF Application Server– UAT/Training

2.6 OS for AAF Web Server – UAT/Training


3 RDBMS

3.1 RDBMS for AAF Database Server

3.2 RDBMS for AAF Database Server – UAT /Training Server

3.3 Others (if any, please specify)

4 Network Equipment

4.1 Firewall/L3 Switches/L2 switches/Routers etc.


5 Storage

6 Any Other (Please specify)

B : Total cost of Implementation for Hardware &System Software, RDBMS, Network Equipment ,storage etc. (Total of sub-total of 1 to 6)

54 | P a g e

Table: 3

(TOTAL COST OF OWNERSHIP)

(Amount in Rs.)

Sr No Total Cost

1 Total(A+B)

2

Cost of additional customization, enhancements & paramterization i.e., Change Request –Per man days Cost

Number of Days(N)

R * N

100 Total Cost of Ownership (1 + 2) for determination of L1 .

Total cost in Words Rupees:

Note:-

1. Bidders should strictly quote in the format and for periods as mentioned above. 2. No counter condition / assumption in response to commercial bid will be accepted.

Bank has a right to reject such bid. 3. The bidder to quote total price excluding taxes as applicable. 4. ATS & AMC for Software/Hardware/other-suits will start after expiry of warranty and

warranty will start from the date of successful implementation of Hardware and software in production and acceptance by Bank.

5. Bidders must quote for all the items required by the Bank. If the rate of any of the items is not quoted, bid will be rejected summarily as non-responsive.

6. Please incorporate the item in commercial proposal strictly as per Technical offer only. 7. 100 number of man days above are indicative for TCO purpose only and actual number

of days shall be as per business requirement of the bank.

Date:

Place :

Official Stamp: SIGNATURE OF AUTHORISED SIGNATORY

55 | P a g e

ANNEXURE - IX

Performa for the Bank Guarantee for Earnest Money Deposit (To be stamped in accordance with stamp act)

Ref: Bank Guarantee # Date:__________ Punjab & Sind Bank Second Floor Information Technology Department Plot No 151,Sector 44

Gurugram ,Pin 122003 Dear Sir, In accordance with your bid reference No.______________________Dated _______________M/s______________________________________ having its registered office at ______________________________________________herein after called “bidder‟) wishes to participate in the said bid for _______________________________. An irrevocable Financial Bank Guarantee (issued by a nationalized /scheduled commercial Bank) against Earnest Money Deposit amounting to Rs.____________(Rs._____________________________) valid up to ___________ is required to be submitted by the bidder, as a condition for participation in the said bid, which amount is liable to be forfeited on happening of any contingencies mentioned in the bid document. M/s_________________________________ having its registered office at __________________________ has undertaken in pursuance of their offer to Punjab & Sind Bank (hereinafter called as the beneficiary) dated __________ has expressed its intention to participate in the said bid and in terms thereof has approached us and requested us___________________________ (Name of Bank) ________________________ (Address of Bank) to issue an irrevocable financial Bank Guarantee against Earnest Money Deposit (EMD) amounting to Rs ___________(Rupees_______________________) valid up to__________. We, the ___________________________ (Name of Bank)________________________ (Address of Bank) having our Head office at ______________________ therefore Guarantee and undertake to pay immediately on first written demand by Punjab & Sind, the amount Rs. ________________(Rupees__________________________) without any reservation, protest, demur and recourse in case the bidder fails to Comply with any condition of the bid or any violation against the terms of the bid, Without the beneficiary needing to prove or demonstrate reasons for its such demand. Any Such demand made by said beneficiary shall be conclusive and binding on us irrespective of any dispute or difference raised by the bidder. This guarantee shall be irrevocable and shall remain valid up to ____________. If any further extension of this Guarantee is required, the same shall be extended to such required period on receiving instructions in writing, from Punjab & Sind Bank, on whose behalf guarantee is issued. "Not withstanding anything contained herein above Our liability under this bank guarantee shall not exceed Rs.____________(Rupees__________________________). This bank guarantee shall be valid up to ___________________. We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only if you serve upon us a written claim or demand, on or before _____________ before 14.30 hours (Indian Standard Time) where after it ceases to be in effect in all respects whether or not the original bank guarantee is returned to us." In witness whereof the Bank, through its authorized officer has set its hand stamped on this _____________ Day of ______________2018 at __________________

Name of signatory Designation Bank Common Seal

56 | P a g e

ANNEXURE X

CHECK – LIST FOR BID SUBMISSION

S.No. Document Attached

with Bid

(Y/N)

Page Numbers

From To

1 Tender Covering Letter as per Annexure –I

2 Compliance to Minimum Eligibility Criteria as per Annexure II. (please ensure that

all related documents to Minimum Eligibility criteria have been attached)

3 Compliance to Functional/Technical Specification as per Annexure III

4 Bidders Information as per Annexure IV

5 Acceptance of the terms and conditions of RFP and Technical Specifications

(compliance Statement as per Annexure V )

6 Service Support Centers Detail as per Annexure – VI

6 (A) Reference Site Details as per Annexure – VI A

7 Performance Statement as per Annexure VII

8 Sealed Envelope containing ‘commercial Bid price’ as per Annexure VIII

9 Bid Earnest Money in the form of Bank Guarantee as per Annexure IX

10 DD/ pay order of Rs. 10000/- payable to Punjab & Sind Bank toward cost of Tender

Document (Please mention the tender name with year and company name at the

back of DD/Pay order.)

11 Copy of Power of Attorney authorizing official for signing the Bid

12 Undertaking from bidder/ OSD’s certifying that all the components, parts,

assembly etc used inside the company products / hardware are new and original.

13 Masked commercial bid as per Annexure VIII containing all information

except price.

14 Any other document indicating the feature of the product.

15 OSD recommendation letter confirming the sufficiency of all deliverables

like- software (including licenses), services, and other tools etc. supplied by

the bidder for the project as per the scope of the RFP

15 Check list as per Annexure X

Signature

Seal of Company

57 | P a g e

ANNEXURE-XI

Format of Performance Bank Guarantee

(Issued by a nationalized /scheduled commercial Bank)

Tender Reference No: ______________________Date _________________

The Assist. General Manager -IT


Dear Sir,

1. WHEREAS pursuant to a Request for Proposal dated…………….. (hereinafter referred to as RFP,

issued by Punjab & Sind Bank, Bank House, 21, Rajendra Place, New Delhi in response of

(Vendor / Service Provider), a Company registered under the Companies Act, 1956 and having

its Registered / Corporate Office at …………………………………has awarded the Contract valued

Rs………………………………….and appointed…………………….as vendor for Automation of Audit

Function in the Bank(AAF) under Rate Contractvide Appointment letter / Purchase Order

No…………………………………dated……………..on the terms and conditions as set out inter-alia in the

said RFP and in the Appointment Letter / Purchase Order.

2. WHEREAS you have in terms of the said Appointment letter / Purchase Order called upon

Vendor to furnish a Performance Guarantee, for Rs…………………………….Rupees only), equivalent

to…………………..of the Contract value, to be issued by a Bank in your favour towards due

performance of the Contract in accordance with the specifications, terms and conditions of the

said Appointment letter / Purchase Order and an Agreement entered / to be entered into in this

behalf.

3. WHEREAS Vendor has approached us for issuing in your favour a performance Guarantee for

the sum of Rs…………………………….. (Rupees

………………………….……………………………………………………………………………………..).

58 | P a g e

NOW THEREFORE in consideration of you having awarded the Contract

to…..…………………….......inter-alia on the terms & conditions that provides a performance

guarantee for due performance of the terms and conditions thereof.

We,………………….Bank,…………………… a body corporate constituted under

……………………………………having its Head office at………………………………………………(give full

address) and a branch inter-alia at………………………………. India at the request of……………………do

hereby expressly, irrevocably and unconditionally undertake to pay merely on demand from you

and without any demur without referring to any other source,

Rs………………………….(Rupees………………………………………………………………….only) against any loss

or damage caused to or suffered by or that may be caused to or suffered by you on account of any

breach or breaches on the part of …………………….of any of the terms and conditions of the

Contract and in the event of……………………..committing any default or defaults in carrying out any

of the work or discharging any obligation under the said Contract or otherwise in the observance

and performance of any of the terms and conditions relating thereto including non-execution of

the Agreement as may be claimed by you on account of breach on the part of ……………….of their

obligations or default in terms of the said Appointment letter / Purchase Order.

4. Notwithstanding anything to the contrary contained herein or elsewhere, we agree that your

decision as to whether the ……………..has committed any such breach / default or defaults and the

amount or amounts to which you are entitled by reasons thereof will be binding on us and we

shall not be entitled to ask you to establish its claim or claims under this Guarantee, but will pay

the same forthwith on demand without any protest or demur. Any such demand made by you

shall be conclusive as regards the amount due and payable by us to you.

5. This Guarantee shall be valid up to ……………. plus 3 (three) months of the Claim period from

the expiry of said guarantee period. Without prejudice to your claim or claims arisen and

demanded from or otherwise notified to us in writing before the expiry of the said date which

will be enforceable against us notwithstanding that the same is or are enforced after the said

date.

6. You will have the fullest liberty without our consent and without affecting our liabilities under

this Guarantee from time to time to vary any of the terms and conditions of the said appointment

letter or the Contract to be made pursuant thereto or extend the time of performance of the

Contract or to postpone for any time or from time to time any of your rights or powers against

the ………………and either to enforce or forbear to enforce any of the terms and conditions of the

said appointment letter or the Contract and we shall not be released from our liability under

Guarantee by exercise of your liberty with reference to matters aforesaid or by reason of

anytime being given to or any other forbearance, act or omission on your part or any indulgence

by you or any other act, matter or things whatsoever which under law relating to sureties, would

59 | P a g e

but for the provisions hereof have the effect of releasing us from our liability hereunder

provided always that nothing herein contained will enlarge our liability hereunder beyond the

limit of Rs…………………….. (Rupees…………………………………………………………………………………only) as

aforesaid or extend the period of the guarantee beyond ………………………………………….(date)

unless expressly agreed to by us in writing.

7. This Guarantee shall not in any way be affected by you are taking or giving up any securities

from …………………………..…or any other person, firm or company on its behalf or by the winding

up, dissolution, insolvency as the case may be of ………………….…….

8. In order to give full effect to the Guarantee herein contained, you shall be entitled to act as if

we were your principal debtors in respect of all your claims against ……………………….……….hereby

guaranteed by us as aforesaid and we hereby expressly waive all our rights of surety ship and

other rights, if any, which are in any way inconsistent with any of the provisions of Guarantee.

9. Subject to the maximum limit of our liability as aforesaid, this Guarantee will cover all your

claim or claims against …………………….……from time to time arising out of or in relation to the

said appointment letter / Contract and in respect of which your claim in writing is lodged on us

before expiry of Guarantee.

10. Any Notice by way of demand or otherwise hereunder may be sent by special courier, telex,

fax, e-mail or registered post to our Head Office / Local address as aforesaid and if sent

accordingly it shall be deemed to have been given when the same has been posted.

11. This Guarantee shall not be affected by any change in the constitution of ___________or nor

shall it be affected by any change in your constitution or by any amalgamation or absorption

thereof or therewith but will ensure to the benefit of and be available to and be enforceable by

the absorbing or amalgamated company or concern.

12. This Guarantee shall come into force from the date of its execution and shall not be revoked

by us any time during its currency without your previous consent in writing.

13. We further agree and undertake to pay you the amount demanded in writing irrespective of

any dispute or controversy between you and ________________ in any suit or proceeding pending

60 | P a g e

before any court, Tribunal or Arbitrator relating thereto, our liability under these presents being

absolute and unequivocal. The payments so made by us shall be a valid discharge of our liability

for payment hereunder and ____________shall have no claim against us for making such payment.

14. We have the power to issue this Bank Guarantee in your Bank’s favour as the undersigned

has full power to execute this Bank Guarantee under the Power of Attorney issued by our Bank.

15. Our authority to issue this guarantee may be verified with our Controlling Office situated at

__________________________________________________(full details of persons to be contacted address and

phone numbers etc).

16. Notwithstanding anything contained herein above;

i) Our liability under this Guarantee shall not exceed

Rs_______________(Rupees______________________________________________________only )

ii) This Guarantee shall be valid and remain in force up to_________________plus the Claim period of

3 (three) months and including the date ______________________

iii) We are liable to pay the guaranteed amount or any part thereof under this Guarantee only

and only if you serves upon us a written claim or demand for payment on or before the expiry of

this Guarantee.

Dated this the__________________ day of ______________ 2018.

Signature and Seal of Guarantors

Vendor’s Bank

61 | P a g e

Annexure-XII

Pre-bid query format (to be submitted in MS- excel format)

Sr. no Page No. Clause Number RFP clause Bidders

remark

62 | P a g e

Annexure – XIII NON DISCLOSURE AGREEMENT

Non-Judicial Stamp Paper of appropriate value

This Agreement made this day of 2018 by and between Punjab & Sind Bank a body constituted

under Banking companies (Acquisition & Transfer of Undertakings) Act, 1970 having its

Registered Head Office at Bank House, 21, Rajendra Place, New Delhi (hereinafter “the

Purchaser”)

AND

________________, having its registered office at _________________________

(hereinafter “the Service provider”)

WHEREAS the Parties intend to enter into discussions with the Recipient for purposes of

procuring Services/Product (hereinafter referred to as “the Purpose”) from the Recipient and in

order to proceed with the Purpose has agreed to provide certain Confidential Information

relating to its business activities and processes as defined hereunder on a strictly confidential

basis and on terms and conditions set out in these presents.

NOW THEREFORE IN CONSIDERATION of the disclosure of such Confidential Information by

the Punjab & Sind Bank, the Recipient hereby agrees and confirms as follows:-

1. The term Confidential Information for purposes of this Agreement shall mean any and all

information and/data which is provided to the Recipient whether in writing, pictorially, in

machine readable form, orally or by observation during the visits of the Recipient in connection

with the Purpose or otherwise which may be the substance of this Agreement, financial

information, know how, processes, trade secrets, schematics, technology, customer information,

supplier information, sales statistics, pricing information, market intelligence, marketing and

other business strategies including but not limited to:

a) Methodologies for Implementation and Pricing, Technology Architecture including details of

WAN Connectivity, LAN Conversion, Modalities for Back up and Redundancies of

Server/Network Desk Tops/Peripheral etc., Telecom/LAN Infrastructure, Technology Resources,

Service Models including State of the Art Infrastructure, Telecommunication Network Transition

Management, Transition Processes etc.

63 | P a g e

b) Production processes, marketing techniques and arrangements, mailing lists, purchasing

information, pricing policies, quoting procedure, financial information, customer and prospect

names and requirements, employee, customer, supplier and distributor data, price lists, any

other materials or information relating to Punjab & Sind Bank’s business and activities and the

manner in which it does business

c) Computer software, whether now or hereafter existing, developed for use on any operating

system or machine, all modifications, enhancements and versions and all options available with

respect thereto, and all future products developed or derived there from.

d) Source and object code, flowcharts, algorithms, coding sheets, routines, sub-routines,

Compilers, assemblers, design concepts and related documentation and manuals.

e) Discoveries, concepts and ideas including, without limitation, the nature and results of

research and development activities, processes, formulae, inventions, computer-related

equipment or technology, techniques, "know-how", designs, drawings and specifications.

f) All other materials or information related to the business or activities of the Purchaser which

are not generally known to others engaged in similar businesses or activities.

g) All ideas which are derived from or related to the access of systems or knowledge of any of

the enumerated materials and information; and

h) All material containing Confidential Information furnished by or obtained from.

i) The disclosing party, including without limitation, magnetic tapes, documents, manuals,

specifications, flowcharts, program listings and data file printouts ("the Materials"), shall be and

remain the property of the disclosing party and shall not be reproduced in whole or part without

the disclosing party's express written consent. Any copies of the Materials shall become the

disclosing party's property and shall contain such copyright and other proprietary rights notice

or legend as appears on the original copy.

(Hereinafter referred to as the "Confidential Information” PROVIDED THAT absence of any

marking or statement that particular information is Confidential Information shall not affect its

status as Confidential.) Such disclosures are intended to be made solely for the purpose of

enabling the Recipient to evaluate such information for a possible supply of Services/Product to

Punjab & Sind Bank.

2. Notwithstanding that the purpose contemplated herein does not materialize into any formal

Contract with Punjab & Sind Bank, Recipient shall hold in strict confidence the Confidential

Information and shall not, without the prior written consent of The Bank disclose the whole or

any part thereof to any third party and nor shall use such Confidential Information for the

benefit of any third party or for purposes, except as set forth in these presents.

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3. Recipient hereby agrees and recognizes that all Confidential Information that it will receive

from The Bank or The Bank may furnish to it together with any copies thereof about and relating

to its business activities and processes, during the subsistence of this Agreement, are and shall

be the sole and exclusive property of The Bank and shall be in possession of the Recipient only

on a restrictive, non exclusive and non transferable basis under which it may use such

Confidential Information solely for the purpose of evaluation for a prospective supply of

Services/Product and that the Recipient shall keep the same at all times in its custody, and shall

surrender the same upon completion of its evaluation or upon request by Punjab & Sind Bank,

whichever is earlier. No license or right is hereby granted to the Recipient or any third party by

implication or otherwise, with respect to or under any application for proprietary rights, claims

etc. of the other Party or otherwise, notwithstanding expiry of the obligations of confidence and

non use as set forth herein.

4. Nothing herein shall prevent the Recipient from receiving and using Information:-

a) Which is now or hereinafter through no breach of this Agreement, becomes part of the public

domain; or

b) which, prior to disclosure by Punjab & Sind Bank, was known to or in the possession of

Recipient at the time of disclosure by other party ; or

c) was disclosed to any third party with the prior written consent of Punjab & Sind Bank; or

d) which was acquired by the Recipient from any third party under Conditions Acquired, if any,

provided that Recipient does not know or have reason to know that such information was

acquired by such third party directly or indirectly from The Bank under binder of Secrecy.

5. Nothing contained herein shall prevent the Recipient from communicating, on a need to know

basis, such Confidential Information to its employees or directors or duly authorized agents as

may be necessary to be disclosed pursuant to an Order of a Court of law/administrative agency

of which a prompt written notice shall be given by the Recipient to The Bank to enable it to seek

a protective order or otherwise prevent/restrict such disclosure AND THAT each such

employee/directors/authorized agents, shall be bound to an obligation of confidentiality and

nonuse with respect to the Punjab & Sind Bank’s trade secrets at least to the extent that the

Recipient is bound hereunder and the Recipient shall take appropriate action (by instructions,

agreement or otherwise) to inform each of them about the confidential nature of the Information

and about its obligations under this Agreement. The Recipient shall be responsible for any

violation of this Agreement by its, directors/employees/authorized agents.

6. Recipient shall not print, reproduce or copy, including without limitation, store in any

computer or electronic system) in whole or in part, any documents or any other media

containing any Confidential Information, without the prior written consent of The Bank other

than copies for its officers, directors/employees/authorized agents, who are working on the

Assignment.

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7. Recipient recognizes and agrees that in the event of breach or threatened breach of the terms

of this Agreement by the Recipient and/or its agents, directors or employees, including without

limitation the actual or threatened disclosure of the Confidential Information, The Bank will

suffer irreparable injury and will have no adequate remedy in money terms and accordingly

shall be entitled to injunctions against such breach in addition to other legal or equitable

remedies available to it for such breach and for enforcement of this Agreement, all of which shall

be deemed to be cumulative.

8. The Recipient shall not acquire any intellectual property rights under this Agreement or

through any disclosure hereunder, except the limited right to use such Confidential Information

for the Purpose.

9. Miscellaneous Provisions

a) Dispute Resolution

Disputes, if any, arising out of this Agreement remaining unresolved by mutual discussions shall

be referred to a sole Arbitrator for Arbitration and the provisions of Arbitration & Conciliation

Act, 1996, shall accordingly apply. The venue for such Arbitration shall be New Delhi.

b) Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India.

c) Assignment

Recipient shall not assign its rights or obligations under this Agreement except without the prior

written consent of Punjab & Sind Bank.

Any assignment or transfer of this Agreement made in contravention of this clause shall be null

and void.

d) Waiver

No waiver of any provision of this Agreement shall be effective unless signed by Punjab & Sind

Bank. The failure of The Bank to exercise any right herein or to require any performance of any

term of this Agreement, shall not prevent a subsequent exercise or enforcement of the term or be

deemed a waiver of any subsequent breach of the same or any other term of this Agreement.

e) Entire Agreement

This Agreement is the entire agreement between The Bank and Recipient and supersedes all

prior representations and agreements between The Bank and Recipient on non-disclosure of

confidential information.

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No change, amendment or modification of any provision of this Agreement shall be effective

unless set forth in writing and signed by both The Bank and the Recipient.

If any provision, or any part of a provision, of this Agreement is declared, or is held to be illegal

or unenforceable, in whole or in part, under any enactment or rule of law, then that provision or

any such part of it shall, to that extent, be deemed not to form a part of this Agreement, but the

validity and enforceability of the remainder of this Agreement shall not be affected.

f) Effective Date

“In witness whereof the parties have hereunto put their hands and seal at Delhi on day

mentioned herein before” This Agreement shall be effective from the date of execution hereof.

Signed, sealed and Delivered by the Said ________________________ (For the Service provider) in presence of _______________________ Signed, sealed and Delivered by the Said ________________________ (For the Purchaser) in presence of ______________________

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ANNEXURE - XIV

INTEGRITY PACT

(To be stamped in accordance with the stamp act)

This pre-bid pre contract Agreement (hereinafter called the integrity pact is made on day of the

month of _______ 201_, between, on one hand, Punjab & Sind Bank, acting through Shri

,________________________ , Asstt. General Manager (IT), Punjab & Sind Bank, Government of India

Undertaking (hereinafter called the “BUYER” which expression shall mean and include, unless

the context otherwise requires, his successors in office and assigns) of the first part and M/s

represented by Shri ___________________________________ , authorized signatory of M/s

____________________ (hereinafter called the “BIDDER/SELLER” which expression shall mean and

include, unless the context otherwise requires, his successors and permitted assigns )of the

second part .

WHEREAS the BUYER proposes to procure (Name of the Product /Equipment /item) and the

BIDDER /SELLER is willing to offer /has offered the store and

WHEREAS the BIDDER is a private company/public company/Government

/undertaking/partnership/ registered export agency, constituted in accordance with the

relevant law in the matter and the BUYER is a Government of India, PSU Bank.

Now, THEREFORE,

To avoid all forms of corruption by following a system that is fair , transparent and free from any

influence /prejudiced dealings prior to, during and subsequent to the currency of the contract to

be entered into with a view to:-

Enabling the BUYER to obtain the desired said product /equipment at a competitive price in

conformity with the defined specifications by avoiding the high cost and the distortionary impact

of corruption on public procurement, and

Enabling the BIDDERS to abstain from bribing or indulging in any corrupt practice in order to

secure the contract by providing assurance to them that their competitors will also abstain from

bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any

form, by its officials by following transparent procedures . The parties hereby agree to enter into

this integrity pact and agree as follows:-

1. Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the

contract, will demand, take a promise for or accept directly or accept, directly or through

intermediaries, any bribe, consideration, gift, reward favor or any material or immaterial benefit

or any other advantage from the BIDDER, either for themselves or for any person, organization

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or third party related to the contract in exchange for an advantage in the bidding process, bid

evaluation contracting or implementation process related to the contract.

1.2 The BUYER will, during the pre- contract stage treat all BIDDERs alike, and will provide to all

BIDDERs the same information and will not provide any such information to any particular

BIDDER which could afford an advantage to that particular BIDDER in comparison to other

BIDDERs.

1.3 All the officials of the BUYER will report to the appropriate Government office any attempted

or completed breaches of the above commitment as well as any substantial suspicion of such a

breach.

2. In case any such preceding misconduct on the part of such official (s) is reported by the

BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be

correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit

including criminal proceedings may be initiated by the BUYER and such a person shall be

debarred from further dealings related to the contract process. In such a case while an enquiry is

being conducted by the BUYER the proceedings under the contract would not be stalled.

3. Commitment of BIDDERS

The BIDDERs commit itself to all take all measures necessary to prevent corrupt practices, unfair

means and illegal activates during any stage of its bid or during any pre contract or post-

contract stage in order to secure the contract or in furtherance to secure it and in particular

commit itself to the following:-

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration,

reward, favor, any material or immaterial benefit or other advantage, commission, fees,

brokerage or inducement to any official of the BUYER, connected directly or indirectly with the

bidding process, or to any person, organization or third party related to the contract in exchange

for any advantage in the bidding, evaluation contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or

indirectly any bribe, gift, consideration, reward, favor, any material benefit or other advantage

commission fees, brokerage or inducement to any official of the BUYER or otherwise in

procuring the contract forbearing to do or having done any act in relation to the obtaining or

execution of the contract or any other contract with the Government for showing or for bearing

to show favor or disfavor to any person in relation to the contract or any other contract with the

Government.

3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian

BIDDERs shall disclose their foreign principals or associates.

3.4 BIDDERs shall disclose the payment to be made by them to agents/brokerage or any other

intermediary, in connection with this bid/contract.

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3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original

manufacturer/integrator/authorized Government sponsored export entity of the product/

equipment and has not engaged any individual or firm or company whether Indian or foreign to

intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries,

whether officially or unofficially to the award of the contract to the BIDDER, nor has such any

amount been paid promised or intended to be paid to any such Individual, firm or company in

respect of any such intercession, facilitation or recommendation.

3.6 The BIDDER, either while presenting the bid or during pre- contract negotiations or before

signing the contract shall disclose any payment he has made, is committed to or intends to make

to officials of the BUYER or their family members agents, brokers or any other intermediaries in

connection with the contract details or/and the services agreed upon for such payments.

3.7 The bidder will not collude with other parties interested in the contract to impair the

transparency, fairness and progress of the bidding process, bid evaluation contracting and

implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means

and illegal activities.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass

on to other, any information provided by the BUYER as part of the business deal, relationship

regarding plans, technical proposals and business details, including information contained in any

electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any

such information is divulged.

3.10 The BIDDER commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the

action mentioned above.

3.12 The BIDDER will not, directly or through any other person or firm, offer, promise or give to

any of the Principal‟s employees involved in the tender process or the execution of the contract

or to any third person any material or other benefit which he/she is not legally entitled to, in

order to obtain in exchange any kind of favour whatsoever during the tender process or during

the execution of the contract.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three year

immediately before signing of this integrity pact, with any other company in any country in

respect of any corrupt practices envisaged hereunder or with any public sector enterprise in

India or any government Department in India that justify BIDDER‟S exclusion from the tender

process.

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4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be

disqualified from the tender propose or the contract, if already awarded. Can be terminated for

such reason.

5. Earnest money (security deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit an amount INR _____ (as specified

in RFP) as Earnest money/security, with the BUYER through any of the following instruments:-

(i) Bank draft or a pay order in favor of

(ii) A confirmed guarantee by an Indian nationalized bank, promising payment of the guaranteed

sum to the BUYER on demand within three working days without any demur whatsoever and

without seeking any reasons whatsoever .the demand for payment by the BUYER shall be treated

as conclusive proof of payment.

(iii) Any other mode or through any other instrument (to be specified in the RFP).

5.2 The Earnest money / Security deposit shall be valid up to a period of three years or the

complete conclusion of the contractual obligations to the complete satisfaction of both the

BIDDER and the BUYER, including warranty period, whichever is later.

5.3 In case of the successful BIDDER a clause would also be incorporated in the article pertaining

to performance bond in the purchase contract that the provisions of sanction for violation shall

be applicable for, forfeiture of performance bond in case of a decision by the BUYER to forfeit the

same without assigning any reason for imposing sanction for violation of this pact.

5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money/Security Deposit

for the period of its currency.

6. Sanctions for violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one Employed by it or acting on

its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to

take all or any one of the following actions, wherever required:

(i) To immediately call off the pre contract negotiations without assigning any reason or giving

any compensation to the BIDDER. However, the proceeding with the other BIDDER(s) would

continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit /Performance

bond (after the contract is signed shall stand forfeited either fully or partially, as decided by the

BUYER and the BUYER shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to

the BIDDER.

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(iv) To recover all sum already paid by the BUYER, and in case of an Indian BIDDER with interest

thereon at 2% higher than the prevailing prime lending rate of State Bank of India, while in case

of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR .

If any outstanding payment is due to the BIDDER from the BUYER in outstanding payment could

also be utilized to recover the aforesaid sum and interest.

(v) To encase the advance bank guarantee and performance bond / warranty bond, if furnished

by the BIDDER in order to recover the payments, already made by the BIDDER, along with

interest.

(vi) To cancel all or any other contracts with the BIDDER, the BIDDER shall be liable to pay

compensation for any loss or damage to the BUYER resulting from such cancellation/ rescission

and the BUYER shall be entitled to deduct the amount so payable from the money (s) due to the

BIDDER.

(vii) To debar the BIDDER from participating in future bidding processes of the Government of

India for a minimum period of five year, which may be further extended at the discretion of the

Buyer

(viii) To recover all sum paid in violation of this pact by bidder (s) to any middleman or agent or

broker with a view to securing the contract.

(ix) In case where irrevocable letters of credit have been received in respect of any contract

signed by the BUYER with the BIDDER, the same shall not be opened.

(x) Forfeiture of performance bond in case of a decision by the BUYER to forfeit the same

without assigning any reason for imposing sanction for violation of this pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at Para 6.1(i) to (x) of

this pact also on the commission by the BIDDER or any one employed by it or acting on its behalf

(whether with or without the knowledge of the BIDDER), of an offence as defined in chapter IX of

the Indian penal code, 1860 or prevention of corruption.

6.3 The decision of the BUYER to the effect that breach of the provisions of this pact has been

committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER

can approach the independent monitor (s) (which the BUYER is in the process of appointment)

for the purpose of this pact.

7. Fall Clause

The BIDDER undertakes that it shall not supply identical solution(s) in comparable business

circumstances at a price lower than that offered in the present bid in respect of any other Public

Sector Bank in India and if it is found that within one year after the signing of contract that

identical solution(s) is supplied by the BIDDER to any other Public Sector Bank in India at a

lower price, with due allowance for elapsed time, will be applicable to the present case and the

difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already

been concluded.

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8. Independent Monitors

8.1 The BUYER appointed Independent Monitors (here either referred to as Monitors) for this

pact in consolation with the central vigilance commission.

8.2 The task of the Monitors shall be to review Independent and objectively, whether and to

what extent the parties comply with the obligations under this pact.

8.3 The Monitors shall not be subject to instruction by the representatives of the parties and

perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the access all the documents relating to the

project/procurement, including minutes of meeting.

8.5 As soon as the monitor notice, or has reason to believe, a violation of this pact, he will so

inform the Authority designated by the BUYER.

8.6 The BIDDER (s) accepts that the Monitor has the right to access without restriction to all

project documentation of the BUYER including that provided by the BIDDER. The BIDDER will

also grant the monitor, upon his request and demonstration of a valid interest, unrestricted and

unconditional access to his project documentation. The same is applicable to subcontractors. The

monitor shall be under contractual obligation to treat the information and documents of the

BIDDER/subcontractor(s) with confidentiality.

8.7 The BIDDER will provide to the Monitor sufficient information about all meetings among the

parties related to the project provided such meetings could have an impact on the contractual

relations between the parties the parties will offer to the monitor the option to participate in

such meetings.

8.8 The monitor will submit a written report to the designated Authority of BUYER / Secretary in

the Department/ within 8 to 10 weeks from the date of reference or intimation to him by the

BUYER / BIDDER and, should the occasion arise, submit proposals for correcting problematic

situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provision of this pact or payment of commission, the

BUYER or its agencies shall be entitled to examine all the documents including the Books of

Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in

English and shall extend all possible help for the purpose of such examination.

10. Law and place of jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the

BUYER.

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11. Other Legal Actions

The actions stipulated in this Integrity pact are without prejudice to any other legal action that

may follow in accordance with provisions of the extent law in force relating to any civil or

criminal proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of this signing and extend up to 5 years

or the complete execution of the contract to the satisfaction of both the BUYER and the

BIDDER/SELLER, including warranty period, whichever is later, In case BIDDER is unsuccessful,

this Integrity Pact shall expire after six months from the date of the signing of the contract.

12.2 Should one or several provisions of this Pact turn out to be invalid, the reminder of this Pact

shall remain valid. In this case, the parties will strive to come to an agreement to their original

intentions.

13. The BIDDER undertakes that he shall not approach the Court while representing the matter

to External Independent Monitors (IEMs) and he will await their decision in the matter within a

time ceiling of 90 days.

1The parties hereby sign this Integrity Pact at _________ on ________

BUYER BIDDER

Official Name

Asst. General Manager (IT) Designation

Punjab and Sind Bank Company

Witness Witness

1. 1.

2. 2.