REQUEST FOR PROPOSAL FOR SUPPLY AND … · rfp no. ssl/it/rfp-003/2016-17 dated 22-mar-2017 request for proposal for supply and implementation of hyper converged infrastructure with

SBICAP SECURITIES LIMITED

MARATHON FUTUREX, A WING, 12TH FLOOR, N.M JOSHI MARG,

LOWER PAREL, MUMBAI – 400013.

RFP NO. SSL/IT/RFP-003/2016-17 Dated 22-Mar-2017

REQUEST FOR PROPOSAL FOR SUPPLY AND

IMPLEMENTATION OF HYPER CONVERGED

INFRASTRUCTURE WITH SDN AND UNIFIED SAN

STORAGE

SBICAP Securities Ltd.

Registered & Head Office:-

SBICAP Securities Limited, A-Wing, Marathon Futurex,

12th Floor, N.M. Joshi Marg, Lower Parel, Mumbai – 400013.

Contact Number: 022 – 42273300/33

SBICAP SECURITIES LTD.

RFP FOR HCIS - SSL/IT/RFP-003/2016-17

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PART 1 INVITATION TO BID

1.1 ABOUT SSL

1.1.1 SBICAP Securities Limited (herein after referred to as “SSL”) is the broking arm of

the State SSL Group and a wholly owned subsidiary of SBI Capital Markets Ltd. SSL

commenced operations in the first quarter of financial year of 2006-2007 with a view

to providing primary and secondary capital market access to investors both within the

Group as also in the wider public domain. The Company currently has in its fold a wide

segment of clients including SSLs, Financial Institutions, FIIs, Mutual Funds, and

Corporates, High Net worth Individuals, Non-Resident Indians and Retail domestic

investors. Its broking product range covers Institutional and Retail Equity, Derivatives,

Depository Participant services, On-Line trading and a wide variety of Third Party

Distribution products.

1.2 PURPOSE

1.2.1 SSL invites technically complete and commercially competitive proposals from reputed

vendors for implementing Hyper Converged Infrastructure herein after referred

to as (“HCI Solution”) to migrate company’s existing storage and compute

workload and to take care of future business needs of SSL.

1.2.2 To reduce time to market, SSL seeks OEM’s who are leaders in the HCI technology.

The purpose behind this RFP is to lead to a technical and commercial proposal for

implementation of HCI Solution”

1.2.3 The bidders desirous of taking up the project for supply of above solution for SSL

are invited to submit their technical and commercial proposal in response to this RFP.

The criteria and the actual process of evaluation of the responses to this RFP and

subsequent selection of the successful bidder will be entirely at SSL’s discretion.

This RFP seeks proposals from Bidders who have the necessary experience,

capability & expertise to provide an HCI Solution adhering to SSL’s requirement

outlined in this RFP.

1.2.4 This RFP is not an offer by SSL, but an invitation to receive responses from the

Bidders. No contractual obligation whatsoever shall arise from the RFP process unless

and until a formal contract is signed and executed by duly authorized official(s) of

SSL with a selected Bidder.



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1.3 RFP SCHEDULE

Sr.

No. Particular Details

1. RFP No. SSL/IT/RFP/2016-17/003

2. RFP Release Date 22nd March, 2017

3.

Address for

Receipt/submission of

Bid document

The IT Department,

Marathon Futurex, A Wing, 12th Floor, NM Joshi Marg, Lower Parel I, Mumbai-400013.

4. Bid Submission Bids should be submitted in two different envelopes.

5. Pre-Bid Meeting 5th April 2017, 1100 HRS

6. Last Date & Time for

submission 13th April 2017: 1500 HRS

7. Technical Bid Opening

Date, Time & Venue 17th April 2017: 1100 HRS

8. Online Reverse Auction

Schedule To be Notified to the (technically) eligible bidders

9. Contact Details

Jordan Dias (Sr. Manager, IT)

Ph. 022 4227 3339

[email protected]

Vivek Jadhav (Manager, IT)

Ph. 022 4366 3544

[email protected]

[email protected]

10.

Address for

Communication (Pre-bid

meeting and submission

of bid documents)


Marathon Futurex, 12th Floor, A –Wing, N M Joshi Marg,

Lower Parel , Mumbai 400013

11.

Schedule for Commercial

Bid Opening & Online

Reverse Auction

To be Notified to the eligible bidders later

mailto:[email protected]





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PART 2 DISCLAIMER

Subject to any law to the contrary, and to the maximum extent permitted by law, SSL and its

Directors, officers, employees, a g e n t s , d i s c l a i m all liability from any loss or damage

suffered by any person acting or refraining from acting because of any information including

forecasts, statements, estimates, or projections contained in this RFP document and any

addendum to it or conduct ancillary to it whether or not the loss or damage arises in

connection with any omission, default, lack of care or misrepresentation on the part of SSL

or any of its officers, employees, contractors, agents or advisors.

All information processed by the Bidder during solution deployment & maintenance belongs

to SSL. By having the responsibility to maintain the infrastructure, the Bidder does not

acquire implicit access rights to the information or rights to redistribute the information.

PART 3 INSTRUCTIONS FOR BIDDERS (IFB)

A. INTRODUCTION

3.1 BROAD SCOPE OF WORK

3.2 SOLUTION REQUIREMENT

a) Hyper converged System with Software Defined Network (SDN) & Micro

segmentation technology

b) Unified Storage for existing Physical Servers

c) Buyback of following existing Hardware (detailed inventory will be shared

separately):

EMC VMAX 20K storage at Mumbai and Hyderabad (total 2 nos.)

Dell Power Edge servers (R910 / R710 series) – 50 Nos.

Above mentioned equipment will be handed over to the successful

bidder after the successful implementation of HCI and Unified storage

post the sign-off from SSL.

Bidder must permanently erase all the data present on the existing

storage as well as the servers before decommissioning and buy back.

Note: Proposed solution must be as per the detailed Technical Specifications

with solution sizing and Scope of Work mentioned in Annexure B



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3.2.2 Brand new equipment/components along with 3 years warranty support as detailed in

Annexure-B should be supplied, delivered, installed, commissioned within overall 10

weeks (8 weeks for delivery and 2 weeks for installation and commissioning) from the

date of purchase order at the locations tentatively detailed on Annexure-B during

normal office hours and as per the time schedules mentioned in the respective Purchase

Orders.

3.2.3 This requirement is for the datacentres located in Mumbai (Primary DC) and

Hyderabad (DR).

3.2.4 The Purchase Order may be placed in part or full by SSL, the quantity or number of

equipment to be purchased as mentioned in this RFP is only indicative. No guarantee

or assurance is being provided hereby as to the exact quantity of equipment to be

purchased or the minimum order quantity. SSL, however, reserves the right to procure

extra quantity during the validity period of the offer. The different parts of same

equipment should be delivered in one lot only and part delivery of the equipment

covered in the Purchase Order is not permitted unless otherwise agreed to by SSL. The

movement of the shipment should be advised to the SI and SSL, well in advance.

3.2.5 OEM / Bidder is expected to conduct a Proof of Concept (PoC) testing to demonstrate

the functionalities of proposed HCI system. Results of the PoC will also be considered

during the technical evaluation.

3.2.6 SITE VISIT: Bidder is advised to visit and examine the site, its surroundings and

familiarise himself with the existing facilities and environment, and collect all other

information which he may require for preparing and submitting the bid and entering

into the Contract. Claims and objections due to ignorance of existing conditions or

inadequacy of information will not be considered after submission of the Bid and during

implementation. Contact person for Site visit is Mr. Vivek Jadhav (022 4366 3544).

3.3 ELIGIBILITY CRITERIA

Bidders meeting the criteria (Annexure – I) are eligible to submit their. Bids along with

supporting documents. If the Bid is not accompanied by all the required documents supporting

eligibility criteria, the same would be rejected. Bid is open to all Bidders who fulfil the eligibility

criteria. The bidder has to submit the details of eligibility criteria as per Annexure – I

3.4 COST OF BIDDING

3.4.1 The Bidder shall bear all costs associated with the preparation and submission of its

Bid, and SSL will in no case be responsible or liable for these costs, regardless of the

conduct or outcome of the Bidding process.

B. BIDDING DOCUMENTS

3.5 DOCUMENTS CONSTITUTING THE BID



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3.5.1 The Bidding Documents include:

PART–1 – Invitation to Bid (ITB)

PART 2 – Disclaimer

PART–3 – Instruction for Bidders (IFB)

PART–4 – Terms and Conditions of Contract (TCC)

PART 5 – Annexures, Price Schedules and other Bid forms

3.5.2 The Bidder is expected to examine all instructions, forms, terms and specifications in

the Bidding Document. Failure to furnish all information required by the Bidding

Document or to submit a Bid not substantially responsive to the Bidding Document in

every respect will be at the Bidder‘s risk and may result in the rejection of the Bid.

3.6 Clarification / Amendment of Bidding Document

3.6.1 Bidder requiring any clarification of the Bidding Document may notify SSL in writing at

the address or by e-mail indicated in Schedule of Events as indicated therein.

3.6.2 A pre-bid meeting is scheduled as per schedule of events.

3.6.3 Text of queries raised (without identifying source of query) and response of SSL

together with amendment to the bidding document, if any, will be sent to all the

OEMs/Partners of OEMs (Bidder) through mail. It is the responsibility of the bidder to

check with the concerned in the department before final submission of bids.

3.6.4 Relaxation in any of the terms contained in the Bid, in general, will not be permitted,

but if granted, the same will be sent to Bidders through e-mail.

3.6.5 All bidders must ensure that such clarifications/amendments have been considered by

them before submitting the bid. SSL will not take responsibility for any omissions by

bidder.

3.6.6 At any time prior to the deadline for submission of Bids, SSL, for any reason, whether,

at its own initiative or in response to a clarification requested by a prospective Bidder,

may modify the Bidding Document, by amendment.

3.6.7 In order to enable Bidders reasonable time in which to take amendments into account

in preparing the bids, SSL, at its discretion, may extend the deadline for submission of

bids.

C. PREPARATION OF BIDS

3.7 Language of Bid

3.7.1 The Bid prepared by the Bidder, as well as all correspondence and documents relating

to the Bid exchanged by the Bidder and SSL and supporting documents and printed

literature shall be submitted in English.



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3.8 Documents Comprising the Bid

3.8.1 DOCUMENTS COMPRISING THE TECHNICAL PROPOSAL ENVELOPE,

should contain following:

a) BID COVERING LETTER AS PER ANNEXURE – A

b) TECHNICAL SPECIFICATIONS & COMPLIANCE – ANNEXURE – B

c) SCOPE OF WORK – ANNEXURE – C

d) UNDERTAKING OF AUTHENTICITY – ANNEXURE – D

e) SERVICE LEVEL AGREEMENT (SLA) – ANNEXURE – E

f) EMD SSL GUARANTEE – ANNEXURE – F

g) MANUFACTURERS’ AUTHORIZATION FORM (MAF) – ANNEXURE – G

h) MASKED PRICE BID, LISTING ALL THE COMPONENTS WITHOUT INDICATING ANY

PRICES - ANNEXURE – H

i) COMPLIANCE CERTIFICATE FOR ELIGIBILITY CRITERIA- ANNEXURE – I -

ALONG WITH ALL RELATED DOCUMENTS AS PER RFP REQUIRED TO ESTABLISH

THE ELIGIBILITY.

j) BIDDER‘S ORGANIZATION PROFILE - ANNEXURE – J

k) NON-DISCLOSURE AGREEMENT – ANNEXURE – K

3.8.2 While submitting the Technical Bid, literature on the software / hardware if any, should

be segregated and kept together in one section / lot. The other papers like EMD, Forms

as mentioned above etc. should form the main section and should be submitted in one

lot, separate from the section containing literature. All pages of this RFP document

must be stamped and initialled by the authorized signatory of the bidder

confirming acceptance to all terms and conditions of this RFP and should be

submitted as part of the technical bid.

3.8.3 Any Technical Proposal not containing the above will be rejected.

3.8.4 The Technical Proposal should NOT contain any price information. Such

proposal, if received, will be rejected.

3.8.5 DOCUMENTS COMPRISING THE INDICATIVE PRICE ENVELOPE, should contain

a single sheet as per ANNEXURE – L on the Bidder‘s letter head wherein the “All

Inclusive Indicative Price” except VAT / sales tax / service tax/ LBT / Octroi, which will

be reimbursed upon production of original receipts, at actual, under the signature and

seal of the Bidder.

a) THE INDICATIVE PRICE MUST INCLUDE ALL THE PRICE COMPONENTS MENTIONED

IN ANNEXURE – H.

3.9 Bid Form

3.9.1 The Bidder shall complete both the Envelopes of the Bid Form furnished in the

Bidding Document separately and submit them simultaneously to SSL. Bids are

liable to be rejected if only one (i.e. Technical Bid or Indicative Price Bid) is received.



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3.10 Price Composition:

3.10.1 The prices quoted should be in Indian rupees only.

3.10.2 The quoted pricing should consist of the project cost with 3-year warranty and

support with AMC for the 4th and 5th year as separate line items. (Project cost + 4th

and 5th year AMC charges would be considered for commercial evaluation

and reverse auction)

3.10.3 The prices should be exclusive of taxes, duties and statutory levies such as Service Tax,

VAT, Sales Tax, Octroi, cess etc., These may be claimed at the time of invoicing based

on the then prevailing rules and regulations.

3.10.4 The rates and/ or prices in any form or for any reasons should not be disclosed in the

technical or other parts of the bid except in the commercial bid, failure to do so may

make the bid liable to be rejected. Before opening of commercial bid, if price revision

is envisaged by SSL, revised commercial bid may be required to be submitted in a

separate sealed envelope.

3.11 Pre-BID meeting:

3.11.1 SSL may, at its sole discretion, organise a pre-bid meeting, to resolve any queries,

bidder may have. Any further information or clarification on queries raised by any

bidder will be provided to all bidders by email as corrigendum. The exact date,

time and location of the pre-bid meeting will be communicated to each bidder through

SBI email.

3.12 Delivery Schedule & Penalty for Delayed Deliveries

3.12.1 Delivery, installation, and commissioning within 10 weeks from date of purchase order.

3.12.2 In the event of the equipment not being delivered within a period of 8 weeks from date

of Purchase Order, a penalty of 0.50% per week of the total contract value for the

delay, subject to maximum amount of ten (10) percent of the total consideration will

be charged to Bidder.

3.12.3 SSL also reserves the right to cancel the Purchase Order and forfeit the EMD. In the

event of such cancellation, the Bidder is not entitled to any compensation. PLEASE

NOTE THE DELIVERY SCHEDULE SHALL BE FOLLOWED STRICTLY AS STIPULATED.

ANY DELAY SHALL BE VIEWED SERIOUSLY AND PENALTIES LEVIED.

3.13 Documentary Evidence Establishing Bidder’s Eligibility and Qualifications

3.13.1 The documentary evidence of the Bidder‘s qualifications to perform the Contract if its

Bid is accepted shall establish to SSL‘s satisfaction:

a) that, in the case of a Bidder offering to supply products and/or Systems under the

Contract which the

b) Bidder did not produce, the Bidder has been duly authorized as per authorization

letter/ form (Annexure-G).

c) that adequate, specialized expertise are available to ensure that the support services

are responsive and



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d) the Bidder will assume total responsibility for the fault-free operation of the solution

proposed and

e) Maintenance during the warranty period and provide necessary maintenance

services.

3.14 Documentary Evidence Establishing Eligibility of Products and Conformity to Bidding

Documents

3.14.1 The Bidder shall submit point by point compliance to the technical specifications and it

should be included in the Bid.

3.14.2 Any deviations from specifications should be clearly brought out in the bid.

3.14.3 The Bidder should quote for the entire package on a single responsibility basis for

hardware / software / services it proposes to supply.

3.15 Cost of RFP (non-refundable) and Earnest Money Deposit (EMD)

(Refundable):

3.15.1 Cost of RFP

a) Bidder should pay Rs.10,000/- in the form of Demand Draft in favour of Sbicap

Securities Ltd. payable at Mumbai towards cost of RFP. Same should be submitted

at the time of bid submission.

3.15.2 Earnest Money Deposit (EMD)

a) The EMD is required to protect SSL against the risk of Bidder‘s conduct, which

would warrant the EMD‘s forfeiture.

b) Bidder should deposit EMD of Rs.6,00,000/- in the form of a demand draft issued

by a scheduled commercial SSL favouring Sbicap Securities Ltd. payable at Mumbai

(or) SSL Guarantee – BG, issued by a scheduled commercial SSL (other than Union

SSL of India). The EMD should be submitted at the time of bid submission.

c) SSL will follow the guidelines issued by Govt. of India for MSME units registered

with NSIC under single point registration scheme. However bidder has to submit

the copy of valid NSIC Certificate clearly mentioning that they are registered with

NSIC under single point registration scheme.

d) No interest will be payable on the EMD amount. The EMD of the unsuccessful

Bidders shall be returned within 2 weeks from the date of bid finalisation.

3.15.3 The EMD may be forfeited:

a) if a Bidder withdraws his Bid during the period of Bid validity specified in this RFP;

or

b) if a Bidder makes any statement or encloses any form which turns out to be false /

incorrect at any time prior to signing of Contract; or

c) in the case of a successful Bidder, if the Bidder fails; (i) to sign the Contract; or (ii)

to furnish Performance SSL Guarantee

d) The EMD shall be denominated in Indian Rupees and shall be in the form of a SSL

Guarantee as per Annexure-F issued by Associate SSLs of State SSL of India or any



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Scheduled Commercial SSL in India payable at Mumbai and should be valid for a

period of 6 months.

e) Bidder should deposit EMD of Rs.6,00,000/- in the form of a demand draft issued by

a scheduled commercial SSL favouring Sbicap Securities Ltd. payable at Mumbai (or)

SSL Guarantee – BG, issued by a scheduled commercial SSL (other than Union SSL

of India). The EMD should be submitted at the time of bid submission.

3.16 Period of Validity of Bids

3.16.1 Bids shall remain valid for a period of 180 days from the date of opening of Bid. A Bid

valid for a shorter period may be rejected by SSL as non-responsive.

3.16.2 In exceptional circumstances, SSL may solicit the Bidders‘consent to an extension of

the period of validity. The request and the responses thereto shall be made in writing.

The EMD provided shall also be suitably extended. A Bidder may refuse the request

without forfeiting its EMD.

3.16.3 SSL reserves the right to call for fresh quotes any time during the validity period, if

considered necessary.

3.17 Format and Signing of Bid

3.17.1 Each bid shall be in two parts:

a) Part I- Technical Proposal. (as per clause 3.7.1 above)

b) Part II- Indicative Price Proposal. (as per clause 3.7.5 above)

The two parts should be in two separate sealed NON-WINDOW envelopes, each

superscribed with “Proposal for Hyper converged Infrastructure” as well as

“Technical Proposal” and “Indicative Price Proposal” as the case may be.

3.17.2 The Bid shall be typed or written in indelible ink and shall be signed by the Bidder or a

person or persons duly authorized to bind the Bidder to the Contract. The person or

persons signing the Bids shall initial all pages of the Bids, except for un-amended

printed literature.

3.17.3 Any inter-lineations, erasures or overwriting shall be valid only if they are initialled by

the person signing the Bids. SSL reserves the right to reject bids not conforming to

above.

D. SUBMISSION OF BIDS

3.18 Sealing and Marking of Bids

3.18.1 The Bidders‘ shall seal the NON-WINDOW envelopes containing one copy of

―”Technical Bid” and one copy of ―”Indicative Price Bid” separately and the two

NON-WINDOW envelopes shall be enclosed and sealed in an outer NON-

WINDOW envelope.



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3.18.2 The bid should be addressed to the –P – IT at following address up to the time and

date mentioned in the Bid Schedule:


Marathon Futurex, 12th Floor,

A –Wing, N M Joshi Marg,

Lower Parel, Mumbai 400013

3.18.3 The Bidder shall bear all costs associated with the preparation and submission of its

bid including cost of presentation(s), etc. SSL will not be responsible or liable for

these costs, regardless of the conduct or outcome of the bidding process nor will

SSL reimburse any cost incurred by the Bidder in case of non- acceptance of

his/her bid.

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

3.18.5 If the envelope is not sealed and marked, SSL will assume no responsibility for the bid‘s

misplacement or its premature opening.

3.19 Deadline for Submission of Bids

3.19.1 Bids must be received by SSL at the address specified, no later than the date & time

specified in the ―Schedule of Events‖ in Invitation to Bid.

3.19.2 In the event of the specified date for submission of bids being declared a holiday for

SSL, the bids will be received up to the appointed time on the next working day.

3.19.3 SSL may, at its discretion, extend the deadline for submission of bids by amending the

bid documents, in which case, all rights and obligations of SSL and bidders previously

subject to the deadline will thereafter be subject to the extended deadline.

3.20 Late Submission of Bids: Any Bid received after the deadline for submission of Bids

prescribed, will be rejected and returned unopened to the bidder.

3.21 Modification and Withdrawal of Bids

3.21.1 The Bidder may modify or withdraw its Bid after the Bid‘s submission, provided that

written notice of the modification, including substitution or withdrawal of the Bids, is

received by SSL, prior to the deadline prescribed for submission of Bids.

3.21.2 The Bidder‘s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched. A withdrawal notice may also be sent by Fax, but followed by a signed

confirmation copy, postmarked, not later than the deadline for submission of Bids.

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

3.21.4 No Bid may be withdrawn in the interval between the deadline for submission of Bids

and the expiration of the period of Bid validity specified by the Bidder on the Bid

Form. Withdrawal of a Bid during this interval may result in the Bidder‘s forfeiture of

its EMD.



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E. OPENING AND EVALUATION OF BIDS

3.22 OPENING OF TECHNICAL BIDS BY SSL

3.22.1 The Bidders‘names, Bid modifications or withdrawals and the presence or absence of

requisite EMD and such other details as SSL, at its discretion, may consider

appropriate, will be announced at the time of technical Bid opening.

Bids and modifications sent, if any, that are not opened at Bid Opening shall not be

considered further for evaluation, irrespective of the circumstances. Withdrawn bids will be

returned unopened to the Bidders.

3.23 PRELIMINARY EXAMINATION

3.23.1 SSL 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.

3.23.2 Prior to the detailed evaluation, SSL 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 any

deviations.

3.23.3 SSL‘s determination of a Bid‘s responsiveness will be based on the contents of the Bid

itself, without recourse to extrinsic evidence.

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

responsive by the Bidder by correction of the nonconformity.

3.24 TECHNICAL EVALUATION

3.24.1 Only those Bidders and Bids who have been found to be in conformity of the eligibility

terms and conditions during the preliminary evaluation would be taken up by SSL for

further detailed evaluation. Those Bids who do not qualify the eligibility criteria and all

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

3.24.2 The evaluation will also take into account:

a) State of the art solution offered by the bidder to any noticeable companies in India. The bidder should furnish the details when requested.

b) Results on the PoC which will be conducted by the OEM at SSL’s site.

c) Scalability / Capability of the proposed solution to meet future requirements not outlined in the RFP.

d) Support on open platforms and solution based on latest technology (both software and hardware).



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e) Market Survey / Industry feedback.

f) Bidder support facilities / proactive support.

g) Ease of use while implementation, creation of VMs, configuring the system, software defined network, etc.

3.24.3 SSL reserves the right to evaluate the bids on technical & functional parameters

including factory visit, client site visit and witness demos of the system and verify

functionalities, response times, etc.

3.24.4 SSL will evaluate the technical and functional specification of all the equipment quoted

by the Bidder.

3.24.5 During evaluation and comparison of bids, SSL may, at its discretion ask the bidders for

clarification of its bid. The request for clarification shall be in writing and no change in

prices or substance of the bid shall be sought, offered or permitted. No post bid

clarification at the initiative of the bidder shall be entertained.

3.25 Bids meeting the eligibility criteria & having complied with the points of Technical Bid and

attain minimum technical score shall be qualified for Reverse Auction.

3.26 The bidder should use its tools/utilities/simulators to demonstrate the features laid in the

RFP / evaluation criteria

Note: Scoring Model is provided to evaluate technical Bid in Annexure M

3.27 COMMERCIAL EVALUATION

3.28 The envelope containing the Commercial offers of only those Bidders, who are shortlisted

after technical evaluation, would be opened through reverse auction. The format for

quoting commercial bid set out in Annexure F. As there will be Reverse Auction, Bidder

should provide indicative price only.

3.29 FINAL EVALUATION

3.29.1 After the reverse auction is completed, the scores of both technical evaluation and

commercial evaluation would be calculated on 70:30 basis (70% Weightage to technical

and 30% Weightage to commercial).

Note: In the case of reverse auction, the actual billing of resources would be done on

pro-rata basis of the final commercial rates (i.e. the rates after the reverse auction

process).

3.29.2 Successful bidder would not be decided solely based on the lowest bid in the reverse

auction. Successful bidder would be selected on the basis of techno commercial

evaluation. The evaluation criteria would be techno-commercial (70:30 respectively)

and is explained clearly in the following example.



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3.29.3 Scoring model to evaluate technical bid is provided in Annexure – M

For example:

In a techno commercial evaluation weightage for technical consideration is 70% and

weightage for cost is 30%.

Three vendors namely A, B and C participated in the bid process and their technical score are

as under:

A=65, B=75, C= 85

After converting them into percentile, we get

A= (65/85)*100 = 76.47

B= (75/85)*100 = 88.23

C= (85/85)*100 = 100

The Reverse Auction prices of the Vendors are as under:

A= Rs. 8000, B= Rs. 9000, C= Rs. 10000

After e-reverse auction process, the final cost (lower cost quoted in e-reverse auction or price

bid, in this case if it is Rs 8000) quoted by the bidders converted into percentile score shall be

as under:

A = (8000/8000)*100 = 100

B= (8000/9000)*100 = 89

C= (8000/10000)*100 = 80

As the weightage for technical parameter and cost are 70% and 30% respectively, the final

scores shall be calculated as under:

A= (76.47*0.7) + (100*0.3) = 83.52

B= (88.23*0.7) + (89*0.3) = 88.46

C= (100*0.7) + (80*0.3) = 94

Hence, the offer of ‘C’ (being highest score) would be considered and the contract shall be

awarded to ‘C’ at Rs. 10000 being the RA price quoted by C.

Note: SSL reserves the right to opt for manual negotiation or Reverse Auction.

The online reverse auction will be conducted by SSL or a company who have been authorized

in this regard by SSL. Reverse auction guidelines will be communicated to all short-listed

bidders.

3.30 AWARD & SIGNING OF CONTRACT

3.30.1 SSL will notify successful bidder (L1/TC1) in writing by letter in duplicate or fax that its

bid has been accepted. The Selected bidder has to return the duplicate copy to SSL

within 7 working days duly Accepted, Stamped and Signed by Authorized Signatory in

token of acceptance.



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3.30.2 The successful bidder is required to provide the price breakup in Annexure – H within

48 hours of the conclusion of the Reverse Auction; maintaining the same ratio amongst

the items as were earlier quoted in the indicative price bid provided to SSL at the time

of bid submission.

3.30.3 The successful bidder shall be required to enter into a contract/SLA with SSL, within 15

days of the award of the tender or within such extended period as may be decided by

SSL along with the letter of acceptance, NDA, BG and other terms and conditions as

may be determined by SSL to be necessary for the due performance of the work in

accordance with the Bid and acceptance thereof. Copy of board resolution or power of

attorney showing that the signatory has been duly authorized to sign the acceptance

letter, contract and NDA should be submitted.

3.30.4 In the absence of a formal contract, the Bid document, together with SSL‘s notification

of award and the Bidder‘s acceptance thereof, would constitute a binding contract

between SSL and the successful Bidder. Failure of the successful Bidder to comply with

the requirement and terms within the RFP document shall constitute sufficient grounds

for the annulment of the award and forfeiture of the EMD.

3.30.5 SSL reserves the right either to invoke the Performance Bank Guarantee or to cancel

the purchase order or both if the Bidder fails to meet the terms of this RFP or contracts

entered into with them.

3.30.6 Arithmetic errors, if any, in the price breakup format will be rectified as under:

a) If there is a discrepancy between the unit price and total price which is obtained by

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

shall be corrected unless it is a lower figure. If the bidder does not accept the

correction of errors, the bid will be rejected.

b) If there is a discrepancy in the unit price quoted in figures and words, the unit price

in figures or in words, as the case may be, which corresponds to the total bid price

for the bid shall be taken as correct.

c) If the Bidder has not worked out the total bid price or the total bid price does not

correspond to the unit price quoted either in words or figures, the unit price quoted

in words shall be taken as correct.

d) SSL may waive off any minor infirmity or non-conformity or irregularity in a bid,

which does not constitute a material deviation, provided such a waiving does not

prejudice or affect the relative ranking of any bidder.

3.31 SUBCONTRACTING

3.31.1 As per scope of the RFP the subcontracting is prohibited. The bidder has to obtain

written permission from SSL before contracting any work to subcontractors. SSL at its

own discretion may permit or deny the same.

3.31.2 In case of subcontracting permitted, the contracting vendor is responsible for all the

services provided to SSL regardless of which entity is conducting the operations. The

contracting vendor is also responsible for ensuring that the sub-contractor comply with

all security requirements of the contract and SSL can obtain independent audit report



Page 16 of 65

for the same. The bidder should provide subcontracting details to SSL and if require,

SSL may evaluate the same.

3.32 PERFORMANCE BANK GUARANTEE (PBG):

3.32.1 Performance Bank Guarantee of 10% of the Bid Value in the format at Annexure-L to

be submitted by the successful Bidder for a period of 60 months from Associate Banks

of State Bank of India or a Scheduled Commercial Bank. In case, SBI is the sole Banker

for the Bidder, a Letter of Comfort from SBI may be accepted and PBG should be

submitted within a week of receipt of formal communication from SSL about their

successful bid. Purchase Order will be released only after receipt of the Performance

Bank Guarantee.

3.33 MISCELLANEOUS

3.34 The selected Bidder should arrange for storage of Equipment/Components till final

locations are advised by SSL.

3.35 The selected Bidder should undertake, during the period of contract, if required by SSL,

the relocation / shifting of the equipment. SSL will reimburse the cost on actual basis.

3.36 The selected Bidder should undertake to implement the observations / recommendations

of SSL‘s IS-Audit, Security Audit Team or any other audit conducted by SSL or external

agencies and any escalation in cost on this account will not be accepted by SSL.

Note: Not withstanding anything said above, SSL reserves the right to reject the contract or

cancel the entire process without assigning reasons thereto.

PART 4 TERMS AND CONDITIONS OF CONTRACT (TCC)

4.1 RFP TERMINOLOGY

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

4.1.1 Bidder / Service Provider / System Integrator (SI)/– An eligible entity/firm

submitting a Proposal / Bid in response to this RFP.

4.1.2 Supplier / Contractor / Vendor – is the successful Bidder whose technical bid has been

accepted and whose bid proposal has been selected in the techno-commercial

evaluation process as per this RFP and to whom notification of award has been given

by SSL.

4.1.3 Purchaser / S–L – Reference to the “SSL”, and “Purchaser” Shall be determined in

context and may mean without limitation “Sbicap Securities Ltd.”

4.1.4 Proposal / Bid – the Bidder’s written reply or submission in response to this RFP.

4.1.5 RFP / Tender – the request for proposal (this document) in its entirety, inclusive of any

and any Addendum that may be issued by SSL.



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4.1.6 Solution/ Services / Work/ System – “Solution” or “Services” or “Work” OR “System” or

“IT System” means all services, scope of work and deliverable to be provided by a

Bidder as described in the RFP and include services ancillary to the development of the

solution, such as installation, commissioning, integration with existing systems,

provision of technical assistance, training, certifications, Go-Live and steady state

operation, auditing and other obligation of the Supplier covered under the RFP.

4.1.7 Project Cost – Project cost would be initial cost/ onetime cost/ Product (Hardware /

Software / Services) cost / development cost/ installation cost/ commissioning cost/

integration cost with existing systems/ customization cost/ training cost / technical

assistance and cost of resources deployed onsite / travel and accommodation costs.

Such costs will be included while evaluating the commercial bid to evaluate the impact

of sizing. It should be noted that the tender is issued on an all-inclusive fixed cost basis.

Pricing quoted must be exclusive of any taxes and levies with provisions of penalties for

delayed implementation as prescribed in the bid document. It is expected that the

Bidder factors the cost for providing Warranty Services as mentioned in the RFP. The

prices quoted should also include charges towards freight, forwarding, delivery,

installation, transit insurance charges till installation, commissioning of equipment.

4.1.8 Support & Maintenance – The annual cost of Maintenance of the entire proposed

solution / services. The cost of 3 years’ support must be included with the project cost

to arrive at the Total Cost of Ownership (TCO) which will be considered for the

evaluation of bids. However AMC cost will be paid annually. The three year support will

start post 90 days of steady state operation.

4.1.9 Abbreviations used in the document have to be interpreted as per the expanded word

given below

Sr. Abbreviation Expanded Form

1 RFI Request for Information

2 RFP Request for Proposal

3 SSL Sbicap Securities Limited

4 BFSI Financial Services and Broking

5 DC Datacentre

6 DRS Disaster Recovery Site

7 UAT User Acceptance Testing

8 AMC Annual Maintenance Cost

9 OEM Original Equipment Manufacturer

10 HCI Hyper Converged Infrastructure

11 SDN Software Defined Network

12 VM Virtual Machines

13 TOR Top of Rack Switch



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4.2 USE OF CONTRACT DOCUMENTS AND INFORMATION

4.2.1 The Bidder shall not, without SSL‘s prior written consent, disclose the Contract, or any

provision thereof, or any specification, plan, drawing, pattern, sample or information

furnished by or on behalf of SSL in connection therewith, to any person other than a

person employed by the Bidder in the performance of the Contract. Disclosure to any

such employed person shall be made in confidence and shall extend only so far as may

be necessary for purposes of such performance.

4.2.2 The Bidder will treat as confidential all data and information about SSL, obtained in the

execution of his responsibilities, in strict confidence and will not reveal such information

to any other party without the prior written approval of SSL.

4.3 Country of Origin / Eligibility of Goods & Services

4.3.1 All goods and related services to be supplied under the Contract shall have their origin

in eligible source countries, as per the prevailing Import Trade Control Regulations in

India.

4.3.2 For purposes of this clause, ―origin‖ means the place where the goods are mined,

grown, or manufactured or produced, or the place from which the related services are

supplied. Goods are produced when, through manufacturing, processing or substantial

and major assembly of components, a commercially-recognized product results that is

substantially different in basic characteristics or in purpose or utility from its

components.

4.4 Use of Contract Documents and Information

4.4.1 The Bidder shall not, without SSL‘s prior written consent, disclose the Contract, or any

provision thereof, or any specification, plan, drawing, pattern, sample or information

furnished by or on behalf of SSL in connection therewith, to any person other than a

person employed by the Bidder in the performance of the Contract. Disclosure to any

such employed person shall be made in confidence and shall extend only as far as may

be necessary for purposes of such performance.

4.4.2 The Bidder shall not, without SSL‘s prior written consent, make use of any document or

information except for purposes of performing the Contract.

4.4.3 Any document, other than the Contract itself, shall remain the property of SSL and shall

be returned (in all copies) to SSL on completion of the Bidder‘s performance under the

Contract, if so required by SSL.

4.5 Patent Rights

4.5.1 In the event of any claim asserted by a third party of infringement of copyright, patent,

trademark, industrial design rights, etc. arising from the use of the Goods or any part

thereof in India, the Bidder shall act expeditiously to extinguish such claim. If the Bidder

fails to comply and SSL is required to pay compensation to a third party resulting from

such infringement, the Bidder shall be responsible for the compensation to claimant



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including all expenses, court costs and lawyer fees. SSL will give notice to the Bidder of

such claim, if it is made, without delay. The Bidder shall indemnify SSL against all third

party claims.

4.6 Delivery & Documentation

4.6.1 The Bidder shall provide such packing of the products as is required to prevent their

damage or deterioration during transit to their final destination. The packing shall be

sufficient to withstand, without limitation, rough handling during transit and exposure

to extreme temperature, salt and precipitation during transit and open storage. Size

and weights of packing case shall take into consideration, where appropriate, the

remoteness of the Products final destination and the absence of heavy handling facilities

at all transit points.

4.6.2 Delivery of the equipment shall be made by the Bidder in accordance with the system

approved / ordered. The details of the documents to be furnished by the Bidder are

specified hereunder:-

a) 2 copies of Bidder‘s Invoice showing Contract number, Products description,

quantity, unit price and Total amount.

b) Delivery Note or acknowledgement of receipt of Products from the Consignor or in

case of products from abroad original and two copies of the negotiable clean Airway

Bill.

c) 2 copies of packing list identifying contents of each package.

d) Insurance Certificate. I Manufacturer‘s / Bidder‘s warranty certificate.

4.6.3 The above documents shall be received by SSL before arrival of Products and if not

received the Bidder will be responsible for any consequent expenses.

4.6.4 Delivery of the equipment/components shall be made by the Bidder in accordance with

the system approved / ordered.

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

a) The Bidder shall supply standard software packages published by third parties in or

out of India in their original publisher-packed status only, and should have procured

the same either directly from the publishers or from the publisher’s sole authorized

representatives only.

b) The Bidder shall provide complete and legal documentation of all subsystems,

licensed operating systems, licensed system software, and licensed utility software

and other licensed software. The Bidder shall also provide licensed software for all

software products whether developed by it or acquired from others. There shall not

be any default in this regard.

c) In case the Bidder is providing software which is not his proprietary software then

the Bidder must submit evidence in the form of agreement he has entered into with

the software Bidder which includes support from the software Bidder for the

proposed software for the full period required by SSL.



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The Bidder shall explicitly absolve SSL of any responsibility / liability for use of system /

application software delivered along with the equipment, (i.e. the Bidder shall absolve SSL in

all cases of possible litigation / claims arising out of any copyright / license violation) for

software(s) published either by third parties, or by themselves.

4.8 Insurance :

4.8.1 The insurance shall be in an amount equal to 110 % of the value of the Products from

“Warehouse to final destination” on “All Risks” basis, valid for a period not less than

one month after installation and commissioning and issue of acceptance certificate by

SSL.

4.8.2 Should any loss or damage occur, the Bidder shall:

a) initiate and pursue claim till settlement and

b) promptly make arrangements for repair and / or replacement of any damaged item

irrespective of settlement of claim by the underwriters.

4.9 Warranty / Uptime / Penalty: As per Annexure-E.

4.10 PAYMENT TERMS:

4.10.1 Payment shall be made in Indian Rupees.

4.10.2 The payment terms for the Purchase Order :

a) 50% of the Total amount of equipment delivered on delivery and verification of Bill

of material by SSL‘s officials or by the agency/ representative nominated by SSL to

verify Bill of material. If the equipment/ solution delivered is not as per the Bill of

material SSL reserves right to cancel the order and no payment will be made.

b) Remaining 40% on, installation, testing and successful commissioning of the

equipment for Storage and HCI systems, and issuance of certificate of successful

Commissioning duly signed by SSL and the Vendor. As already stated, for reasons

of delays in installation and commissioning not attributable to SSL the liquidated

damages may be levied as stated.

c) Balance 10% after six months from the date of issuance of certificate of successful

commissioning and acceptance or on submission of BG for the equivalent amount

for the early release.

d) One Time Implement Cost: 100% after successful UAT and issuance of Certificate

of successful commissioning.

e) Warranty and Support Cost: (Ref. Annexure H): 1/5th of the total cost yearly in

arrears from the date of successful commissioning and issuance of Certificate of

successful commissioning.

Payments will not be released for any part-shipment or short-shipments.



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4.11 Prices

4.11.1 Prices payable to the selected Bidder as stated in the Contract and as per the final

price discovery and purchase order shall be firm and not subject to adjustment during

performance of the Contract, irrespective of reasons whatsoever, including exchange

rate fluctuations, changes in taxes, duties, levies, charges, etc.

4.11.2 The Bidder will pass on to SSL, all fiscal benefits arising out of reductions, if any, in

Government levies viz. sales tax, excise duty, custom duty, etc. or the benefit of

discounts if any announced in respect of the cost of the items for which orders have

been placed during that period.

4.11.3 SSL reserves the right to re-negotiate the prices in the event of change in the

international market prices of both the hardware and software.

4.11.4 The Bidder shall maintain the product and services Rate Contract for the period of 5

years from the date of Purchase Order.

4.12 Change Orders

4.12.1 SSL may, at any time, by a written order given to the Bidder, make changes within the

general scope of the Contract in any one or more of the following:

a) Method of shipment or packing; (b) Place of delivery;

b) Quantities / sizing mentioned in the RFP is indicative and may be changed by SSL.

Bidders are expected to consider +/- 25% of change in the final sizing / BoQ.

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

for the Bidder‘s performance of any provisions under the Contract, an equitable

adjustment shall be made in the Contract Price or delivery schedule, or both, and the

Contract shall accordingly be amended. Any claims by the Bidder for adjustment under

this clause must be asserted within thirty (30) days from the date of Bidder‘s receipt of

SSL’s change order.

4.13 Contract Amendments: No variation in or modification of the terms of the Contract shall

be made, except by written amendment, signed by the parties.

4.14 Assignment: The Bidder shall not assign, in whole or in part, its obligations to perform

under the Contract, except with SSL‘s prior written consent. Content of Bidding

Document

4.15 Delays in the Bidder’s Performance:

4.15.1 Delivery of the Products/Solution and performance of Services shall be made by the

Bidder within the timelines prescribed.

4.16 If at any time during performance of the Contract, the Bidder or its subcontractor(s)

should encounter conditions impeding timely delivery of the Products and performance

of Services, the Bidder shall promptly notify SSL in writing of the fact of the delay, its



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likely duration and its cause(s). As soon as practicable after receipt of the Bidder‘s notice,

SSL shall evaluate the situation and may, at its discretion, extend the Bidders‘ time for

performance, with or without liquidated damages, in which case, the extension shall be

ratified by the parties by amendment of the Contract.

4.17 Except as provided in the above clause, a delay by the Bidder in the performance of its

delivery obligations shall render the Bidder liable to the imposition of liquidated damages,

unless an extension of time is agreed upon without the application of liquidated damages.

4.18 Liquidated Damages : If the Bidder fails to deliver any or all of the Products or perform

the Services within the time period(s) specified in the Contract, SSL may, without

prejudice to its other remedies under the Contract, and unless otherwise extension of

time is agreed upon without the application of Liquidated Damages as mentioned in

clauses above, deduct from the Contract Price, as liquidated damages, a sum equivalent

to half (0.50) percent per week of order value subject to maximum deduction of 5% of

the order value, until actual delivery or performance. Once the maximum deduction is

reached, SSL may consider termination of the Contract or may take any action deemed

fit by SSL. The bidder shall intimate SSL once the capacity of a server hall reaches to

70%, therefore SSL can prepare and initiate for balance material requirement for

additional server hall.

4.19 TERMINATION FOR DEFAULT

4.19.1 SSL, 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 SSL;

Or

b) If the Bidder fails to perform any other obligation(s) under the Contract.

4.19.2 In the event SSL terminates the Contract in whole or in part, it may procure, upon such

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

those undelivered, and the Bidder shall be liable to SSL for any excess costs for such

similar Products or Services. However, the Bidder shall continue performance of the

Contract to the extent not terminated.

4.20 FORCE MAJEURE

4.20.1 Notwithstanding the provisions of Terms and Conditions of Contract (TCC), the Bidder

shall not be liable for forfeiture of its performance security, liquidated damages, or

termination for default if and to the extent that the delay in performance or other failure

to perform its obligations under the Contract is the result of an event of Force Majeure.

4.20.2 For purposes of this clause, ―Force Majeure‖ means an event beyond the control of

the Bidder and not involving the Bidder‘s fault or negligence and not foreseeable. Such

events may include, but are not restricted to, acts of SSL in its sovereign capacity, wars

or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.



Page 23 of 65

4.20.3 If a Force Majeure situation arises, the Bidder shall promptly notify SSL in writing of

such condition and the cause thereof. Unless otherwise directed by SSL in writing, the

Bidder shall continue to perform its obligations under the Contract as far as is

reasonably practical, and shall seek all reasonable alternative means for performance

not prevented by the Force Majeure event.

4.21 Termination for Insolvency: SSL 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 SSL.

4.22 Termination for Convenience: SSL, 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 SSL‘s convenience, the extent to which

performance of the Bidder under the Contract is terminated, and the date upon which

such termination becomes effective.

4.23 Resolution of Disputes:

4.23.1 SSL and the Bidder shall make every effort to resolve amicably by direct informal

negotiation, any disagreement or dispute arising between them under or in connection

with the Contract.

4.23.2 If, SSL and the Bidder have been unable to resolve amicably a Contract dispute even

after a reasonably long period, either party may require that the dispute be referred for

resolution to the formal mechanisms specified herein below. These mechanisms may

include, but are not restricted to, conciliation mediated by a third party and/or

adjudication in an agreed national forum.

4.23.3 The dispute resolution mechanism to be applied shall be as follows:

a) In case of Dispute or difference arising between SSL and the Bidder relating to any

matter arising out of or connected with this agreement, such disputes or difference

shall be settled in accordance with the Arbitration and Conciliation Act, 1996. Where

the value of the Contract is above Rs.1.00 Crore, the arbitral tribunal shall consist of

3 arbitrators, one each to be appointed by the Purchaser and the Bidder. The third

Arbitrator shall be chosen by mutual discussion between the Purchaser and the

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

differences arising shall be referred to a Sole Arbitrator who shall be appointed by

agreement between the parties.

b) Arbitration proceedings shall be held at Lower Parel, Mumbai, and the language of

the arbitration proceedings and that of all documents and communications between

the parties shall be English;

c) The decision of the majority of arbitrators shall be final and binding upon both

parties. The cost and expenses of Arbitration proceedings will be paid as determined

by the arbitral tribunal. However, the expenses incurred by each party in connection

with the preparation, presentation, etc., of its proceedings as also the fees and



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expenses paid to the arbitrator appointed by such party or on its behalf shall be

borne by each party itself; and

4.24 Governing Language: The governing language shall be English.

4.25 Applicable Law: The Contract shall be interpreted in accordance with the laws of the

Union of India and shall be subject to the exclusive jurisdiction of courts at Mumbai.

4.26 Addresses for Notices

4.26.1 The following shall be the address of SSL and Bidder.

SSL’s address for notice purposes:

Head – Information Technology


Marathon Futurex, 12th Floor,

A –Wing, N M Joshi Marg,


Bidder‘s address for notice purposes

<To be filled in by the Bidder>

A notice shall be effective when delivered or on effective date of the notice whichever is later.

4.27 Taxes and Duties

4.27.1 Prices quoted should be inclusive of all Central / State Government levies, taxes, excise

duty, custom duty, NMMC Cess etc., as also cost of incidental services such as

transportation, insurance etc. but exclusive of VAT / sales tax / service tax/ LBT / Octroi,

which will be reimbursed upon production of original receipts, at actual.

4.27.2 Income / Corporate Taxes in India: The Bidder shall be liable to pay all corporate taxes

and income tax that shall be levied according to the laws and regulations applicable

from time to time in India and the price bid by the Bidder shall include all such taxes in

the contract price.

4.27.3 Tax deduction at Source: Wherever the laws and regulations require deduction of such

taxes at the source of payment, SSL shall effect such deductions from the payment due

to the Bidder. The remittance of amounts so deducted and issuance of certificate for

such deductions shall be made by SSL as per the laws and regulations in force. Nothing

in the Contract shall relieve the Bidder from his responsibility to pay any tax that may

be levied in India on income and profits made by the Bidder in respect of this contract.

4.27.4 The Bidder‘s staff, personnel and labour will be liable to pay personal income in India

in respect of such of their salaries and wages as are chargeable under the laws and

regulations for the time being in force, and the Bidder shall perform such duties in

regard to such deductions thereof as may be imposed on him by such laws and

regulations.

4.28 Bidder’s obligations



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4.28.1 The Bidder is responsible for and obliged to conduct all contracted activities in

accordance with the contract using state-of-the-art methods and economic principles

and exercising all means available to achieve the performance specified in the Contract.

4.28.2 The Bidder will be responsible for arranging and procuring all relevant permissions /

Road Permits etc. for transportation of the equipment to the location where installation

is to be done. SSL would only provide necessary letters for enabling procurement of the

same.

4.28.3 The Bidder is obliged to work closely with SSL‘s staff, act within its own authority and

abide by directives issued by SSL and implementation activities.

4.28.4 The Bidder will abide by the job safety measures prevalent in India and will free SSL

from all demands or responsibilities arising from accidents or loss of life, the cause of

which is the Bidder‘s negligence. The Bidder will pay all indemnities arising from such

incidents and will not hold SSL responsible or obligated.

4.28.5 The Bidder is responsible for managing the activities of its personnel or sub-contracted

personnel and will hold itself responsible for any misdemeanours.

PART 5 ANNEXURES

a) Each and every page of the Annexure is required to be signed along with company seal by

the bidder

b) Additional supporting documents for explaining the matter / requirement may be attached

wherever required.



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ANNEXURE – A

BID COVERING LETTER

(to be printed on Bidder’s Letter Head and included with the Technical Bid Envelope)

Date: _________________________

To:

The Head, Information Technology




Dear Sir,

Ref: SSL/IT/RFP/2016-17/003 dated: 22.03.2017

1. We have examined the RFP, the receipt of which is hereby duly acknowledged and

subsequent pre-bid clarifications/ modifications / revisions, if any, furnished by SSL and

we offer to supply, Install, test, commission and maintain the equipment/components

detailed in Annexure B, as per the terms and conditions spelt out in the RFP. We shall

participate and submit the commercial bid through online auction to be conducted by

SSL‘s authorized service provider, on the date advised to us.

2. While submitting this bid, we certify that:

The undersigned is authorized to sign on behalf of the BIDDER and the

necessary support document delegating this authority is enclosed to this letter.

Indicative prices submitted by us have been arrived at without agreement with

any other Bidder of this RFP for the purpose of restricting competition.

The indicative prices submitted by us have not been disclosed and will not be

disclosed to any other Bidder responding to this RFP.

We have not induced or attempted to induce any other Bidder to submit or not

to submit a bid for restricting competition.

The rate quoted in the indicative price bids for the Project are as per the RFP

and subsequent pre-bid clarifications/ modifications/ revisions furnished by

SSL, without any exception.

If our proposal is selected, we undertake to complete the formalities for supply

of the equipment/components within a period of 8 weeks from date of

Purchase Order.

3. We agree to abide by the Bid and the rates quoted therein for the orders

awarded by SSL up to the period prescribed in the Bid, which shall remain

binding upon us.



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4. Until a formal contract is prepared and executed, this Bid, together with your written

acceptance thereof and your notification of award, shall constitute a binding Contract

between us.

5. We undertake that, in competing for (and, if the award is made to us, in executing) the

above contract, we will strictly observe the laws against fraud and corruption in force

in India namely “Prevention of Corruption Act 1988”.

6. We also certify that the information/ data/ particulars furnished in our bids are factually

correct. We also accept that in the event of any information / data / particulars proving

to be incorrect, SSL will have the right to disqualify us from the bid.

7. We understand that you are not bound to accept the lowest or any Bid you may receive.

Dated this __________day of________________ 2017

____________________________________________________________________________ (Signature) (Name) (In the capacity of)



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ANNEXURE – B TECHNICAL SPECIFICATIONS & COMPLIANCE


Date: _________________________

To:





Dear Sir,


HYPER CONVERGED INFRASTRUCTURE for Primary & DR Data Centres –

Mumbai and Hyderabad location.

Sr. No

Category Our Requirement Bidder’s Response

1 Overview

Provide a brief description about the product being offered:

a. List of technologies involved (HCI, Cloud & SDN)

b. Make / Model and Version of each product / technology

c. Type of License / features enabled (e.g. Standard / Enterprise / etc.)

2 Overview

Describe what the product generally does, the major components of the proposed product and the major data flows and architecture overview. Technical document explaining the proposed architecture and various components of the product must be attached separately.

3 Overview

Discuss the operational scalability of your product. Provide scalability case studies with examples comparable to our size and global reach (regional instances, performance considerations, etc.



Page 29 of 65

Specifically, latency and performance considerations).

4 Overview Discuss High-Availability, Failover and DR functionality in case of various scenarios like failure of 1) Disk, Node, Block, etc.

5 Overview Discuss about overall performance of the HCI system in terms of various aspects like IOPs, latency, network performance etc.

6 Overview

What is your product release schedule? How many full and dot releases do you have in a year? Describe the typical patching lifecycle-average frequency and platform variances.

7 Overview Describe the functionality and technology roadmap (industry standards you are moving to, etc.).

8 Overview What is the maturity of the technologies involved in the solution?

9 Overview Describe lead time and duration to complete a standard installation of your solution.

10 Overview Does your solution include any on-site spare parts for common failures?

11 Overview Describe your policy around firmware upgrades as they relate to both application (of firmware) and supportability.

12 Overview Describe your policy around patching / fixing security vulnerabilities that are found and reported by your customers.

13 Information Share the references of at least two Customers where similar solution has been successfully implemented.

Company Name & Contact Details: Contact person and Designation: Brief overview of HCI and SDN implementation: Since how long is the system running in production environment:

14 Category Our Requirement Complied Yes/No

Deviations / Alternate



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solution (if any)

15 Requirement Overview

The solution must provide hyper-converged software that allows delivery of enterprise-class storage services using latest x86 server infrastructures without dependence on a separate Storage Area Network & associated components such as SAN Switches & HBAs.


Proposed solution must support leading hypervisors listed in the latest Gartner’s Magic Quadrant for Virtualization Infrastructure. Multi-hypervisor support would be preferred. Support for VMware is mandatory.


The solution should have both hybrid and all flash node models. The mix and match of these models should be supported in the same cluster.


The proposed HCI solution should have built-in self-service cloud capability that allows customers to define quotas and create template and cataloguing as needed. Software licenses if required for this functionality should be licensed from day one.


The solution should provide resource reclamation functionality which identifies and reclaims inactive and abandoned resources by automating the decommissioning and reuse of retired resources. It should also provide reclamation savings reports which would enable organizations to quantify its cost savings.


The solution shall provide automated provisioning of infrastructure, applications and custom services through a unified, web-based, multi-tenant self-service IT service catalog.


The solution should be able to automate and provision datacentre services such as compute, storage, networking, backup, replication, load balancing, security, firewall, etc.


The solution shall provide an orchestration engine with ready workflows and ability to create custom workflows based on SOAP, REST operations and PowerShell scripts



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The proposed HCI Solution must provide a single platform for running VMs, Block Services for a bare metal workload and File Services (CIFS & SMB Protocol). These services should be natively available in the platform without use of any third party tools. This function must be enabled in the proposed solution from day 1.


Top of Rack (ToR) switches must be from the proposed HCI manufacturer only. In case the HCI OEM does not have a TOR solution, same should be offered from the leading technologies which are listed in the Gartner's Leader's Quadrant 2016.

23 Compatibility

The solution should able to support different generation of Intel processors and appliance models in the same cluster for investment protection over the life of the proposed solution. The vendor should list types of models i.e. AFA, Storage nodes, Mixed use nodes that they may have within the HCI family and certify by way of response to this RFP the ability to mix and match models and generations of the appliance.

24 Functional

The solution should provide a single unified management console for the management of the entire environment including virtualized environment as well as software defined storage environment, underlying Hardware and associated components

25 Functional

Remote management features, Appliance management software capable of providing role-based security, alerts of critical component failure along with power monitoring. The solution must support migration of Virtual machines across multiple disaster recovery sites, so that key virtual machines can be recovered in times of disaster. All software licenses for enabling the above must be part of overall solution.

26 Interoperability

Allow addition or replacement of future components. Allow for maintenance with zero downtime. Allow Load Balancing of resources.

27 Performance

Proposed HCI solution should be 100% software defined without dependency on any proprietary hardware device. Hyper-converged solution must have De-



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duplication and Compression features licensed and implemented from day one.

28 Performance

The solution should provide the ability to enable / disable compression & de-duplication for specific applications that the company feels are not suitable for compression / de-dupe

29 Redundancy and Failover

The solution should support zero data loss in case of disk, host, node or network failure. The solution should support tuneable redundancies supporting multiple node or cluster failures. These features should be licensed from day one, if separate licenses are required.

30 Required Capacity

Location: Primary and DR Datacentres – Mumbai and Hyderabad: The solution should have Rack level Redundancy and each node should connect to two TOR. All the nodes should connect to 10G IP connectivity. Minimum 2x10G Ethernet port per node must be proposed. The Bidder should provision required TOR switches (as mentioned in the requirement overview above) with redundancy to ensure all nodes' connectivity via TOR to SSL's network which is 10G.

31 Required Capacity

Location: Primary and DR Datacentres – Mumbai and Hyderabad: Hyper-Converged Appliance should have minimum 500 cores of CPU, Minimum 4 TB of memory (RAM), minimum of 150 TB storage (at least 20TB should be SSD) at each site. Latest Intel CPU should be proposed by the Bidder. If there is any overhead on CPU \ Storage \ Memory then OEM will size accordingly to meet the minimum requirement as per the RFP. Each Node must be installed with minimum 256 GB RAM with DDR4 Module@ 2400 GHz or Higher

31 Scalability

The solution must provide de-duplication & compression (configurable as Inline or Post-Process) across All-Flash as well as hybrid (HDD & SSD combination) nodes. If De-dupe & Compression is not available, the vendor must quote 150% additional storage capacity. These features should be licensed from day one, even if separate



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licenses are required apart from the HCI and virtualisation stack.

32 Scalability

Capable of separate Compute and Storage Clusters with multi-cluster management for design flexibility. In future if SBI Capital Securities only wants to add additional storage capacity, they should be able to add storage intensive nodes in same cluster. Such adding of nodes should not result in additional hypervisor cost

33 Scalability

The solution shall provide scale-up (by adding SSD/disks) and scale-out (by adding nodes) architecture with no disruption to the workloads already running on the platform

34 Single point for Support

There should be a single support channel for the entire solution stack of Hardware, Software and Hypervisor.

35 Knowledge Transfer

At completion of project provide knowledge transfer, and Web based Knowledge Base

36 Throughput requirements

Must be capable of transferring data to 10GB fibre connected servers.

37 Training Training should be available to IT staff (Minimum 5) for Management and Administration of the proposed system.

38 Software and related Licenses

Bidder is expected to quote for virtualisation software / licenses for hypervisors, centralized management tool, etc. for all the nodes in proposed HCI system. SSL already has 20 nos. of Enterprise Plus licenses of VMware vSphere with Operations Management and 2 nos. of vCenter Server Standard which could be utilised for this project. Additional licenses may be quoted from either VMware or from any other suggested hypervisors from the leading technologies which are listed in the Gartner's Leader's Quadrant 2016.

39 Software Defined Network

It should provide a networking & security virtualization layer that allows faithful delivery of network services in software without dependence on specific make/model of networking devices/appliances.

40 5.2 Software

Defined Network

It should provide a stateful distributed firewall such that the firewalling for Virtual Machines can be provided closest to the



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application within the server itself without traffic going to a Physical Firewall.


It should provide a virtual load balancer to scale application delivery without the need for dedicated hardware. The load balancer should support Web, SSL and TCP-based scale-out for high-volume applications. There should redundancy for the Load Balancer.

42

Software

Defined

Network

It should provide embedded distributed firewall and should provide near line rate performance.

43

Software

Defined

Network

It should provide policy-based automated network management and works with existing network hardware.

44

Software

Defined

Network

It should enable integration of third-party network and security solutions through open architecture and standard APIs.

45

Software

Defined

Network

The firewall-rule table should be designed for ease of use and automation with virtualized objects for simple and reliable policy creation.

46

Software

Defined

Network

It should provide industry-standard IPSec and SSL VPN capabilities that enables securely extending the virtual datacentre. This Site-to-site VPN support should link virtual datacentres. The SSL VPN capability should deliver remote administration into the virtual datacentre through a bastion host, the method that is favoured by auditors and compliance regulators.

47

Software

Defined

Network

It should provide distributed and dynamic routing (OSPF, BGP) capabilities.


It shall lend itself to network monitoring by supporting standards such as RSPAN and ERSPAN protocols (for remote network analysis), IPFIX Netflow version 10 (for flow analysis) and SNMPv3 (for network management)



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TECHNICAL REQUIREMENT AND COMPLIANCE

SAN STORAGE SYSTEM (UNIFIED) for Primary & DR Data Centres –

Mumbai and Hyderabad location.

Sr. No

Component Requirement Complied – Yes/No

Deviations /

Alternate solution (if any)

1 Overview

Provide a brief description about the product being offered:

a. Make / Model and Version b. Type of License / features

enabled (e.g. Standard / Enterprise / etc.)

2 Requirement

Overview

Proposed product must be listed in the latest Gartner’s Magic Quadrant for “General-Purpose Disk Arrays”.

3 Storage

Architecture

The offered Array should support SBICAPSEC requirements of hosting critical applications with minimum 25000 IOPS for all kinds of work-load with latency of less than 10ms. The IOPS mentioned are frontend IOPS to be seen by applications. The array should support FC and iSCSI protocol for external connectivity. Proposed SAN solution must have two numbers of SAN controllers for better performance and redundancy. Appropriate disk IOPS must be configured to get above mentioned front-end IOPS at 70:30 R/W ratios. It should simultaneously enables storage of file data and also handles the block-based I/O (input/output) of enterprise applications.

4 Storage Capacity

Location: Primary Datacentre – Mumbai: Total Usable capacity should be – 30 TB with SAS (10K/15K RPM) Location: DR Datacentre – Hyderabad: Total Usable capacity should be – 30 TB with SAS (10K/15K RPM) The array should be scalable behind the same controller pair by adding



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appropriate number of spindles and disk shelves. The storage should be configured for Auto Tearing. If vendor has any different architecture to offer then vendor must ensure that the arrangement of disk has to provide the performance figures mentioned in the above clause.

5 Spindle

Flexibility

Storage array should support SAS drives of 600 GB, 900 GB and 1.2 TB. SSD Drives of 400 GB, 800 GB and 1.6 TB. NL-SAS drives of 2TB, 3TB and 4TB.

6 Array

Architecture

The array should be equipped with 2 Nos. of storage controllers for better performance and redundancy. Each controller should have minimum 4 FC host ports each at 16 Gbps and also, it shave provision for 2 SCSI port at 10 Gbps (optical) for future requirements. The controller should support co-existence of FC and iSCSI.

7 LUN

Scalability The array should allow scalability to a 1024 LUNS behind the controller pair.

8 Cache & Cache

Protection

Storage Array should be offered with a total cache of 32 GB or more. Cache should be mirrored between Active- Active controllers on separate Inter controller paths. Must support either Cache battery backup or fully automatic de-stage of cache to disks during power failure to prevent possible data loss. The cache must be adaptive and should dynamically change with incoming workload. The storage should not restrict the write cache to value less than 30% of total cache available on SAN controllers.

9 Redundancy

and Availability

Storage Array should have No Single Point of Failures (NSPoF), providing high availability at component and functional level.

10 OS support

Industry-leading Operating System platforms including: Windows Server 2008 and above, Linux. The array system should support Virtualized environment for VMWare and Microsoft Hyper-V.

11 Global Hot

Sparing

System should have capability to designate global hot spares that can automatically be used to replace a failed drive anywhere in the system.



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12

Thin provisioning

and De-duplication

The storage array must provide thin provisioning for space efficiency as well as reclamation and also, should have an efficient De-Duplication capability for both Block and File data.

13 RAID Support

Must support RAID levels 0,1,10,5 & 6 or provide capability for single disk failure, dual disk failure and mirroring. Must support inter-mixing different RAID groups within one storage system. Different type of RAID levels should co-exist within the same array simultaneously to match the different protection requirements of data.

14 Flexibility of

redeployment.

The array should support online LUN migration (transparent movement of volumes within the array). The functionality should allow cross RAID migration and cross spindle migration.

15 Striping

capability The array must support subsystem based striping.

16

Real Time & Historical

Performance Monitoring

Proposed array should support real time performance monitoring of IOPS, Throughput etc.

17 Array

Management

Easy to use GUI based and web enabled administration interface for configuration, storage management. Storage Management software must include both GUI and CLI tools. It must be able to centrally manage the vendor’s complete range of arrays over the network. It must support web-based management. To protect privacy, data transmitted between the browser and array must be encrypted using SSL. It must support event auditing for security. The date, time, and nature of the action must also be logged. It should have the ability to monitor the status, performance and configuration with utilization. It should have the ability to collect, store and analyze storage performance data.

18 Non-

Disruptive Upgrade

The storage array should allow firmware up-gradation for functionality improvement and enhancements. Must support no disruptive upgrade of core software. Must support upgrade of existing storage controllers to a future generation controller.



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19 Array-based LUN Masking

Must support array-based hardware LUN masking for highest security. Storage must support LUN masking for different hosts and clusters.

20 Protocols Proposed array should support well known protocols like FC and iSCSI.

21 SAN Switch

2 Nos of 24 port SAN switch with 12 ports of 8 Gbps activated and 12 port of 16 Gbps on each switch. 10~30 mtrs LC-LC cables. Server should communicate with proposed storage box through the FC switches, SAN switch should be expandable of 16 Gbps ports on the same switch.

22

Array based copies (

Please quote relevant licenses)

The array should support controller based functionality for pointer based snap copies as well as full physical copies (mirror copies). The pointer based snap copies should require minimal space for creation of snapshot. The snap copy feature should be using efficient approach with minimal or nil overhead on the storage controller (vendor to submit a document in this regard). The snap copy should be array-based copy-on first-write snapshot capability. The snapshot must be a readable and writable LUN that can be mounted by a separate host for back up and /or testing. The full physical copy may require a target LUN of same size as parent. The full copy should support incremental updates (delta resync). The full copy must be an independently usable LUN that allows parallel processing without impacting the performance of the production LUN.

22

Disaster recovery

(please quote relevant licenses)

Storage array should provide hardware based data replication at the array controller level in both Sync (optional) and Async mode. It should support incremental replication after resumption from link failure or failback situations.

23 Storage System

Capabilities

The Storage system should support automatic detection of errors, error logging and notification. It should support pro-active maintenance – self monitoring, and self-diagnosing features.



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24 Data-in-place

upgrade

Must support data-in-place upgrade of existing storage controllers to a future generation controller.

25 Licenses

All the licenses like snapshots, replication, compression, cloning, monitoring should be provided for maximum capacity of the array so that SBIFM does not have to buy additional licenses during upgrade.

26 Support Vendor should offer min 99.999 % uptime guarantee with 4 hrs response and defective part delivery.

Dated this __________day of________________ 2017

____________________________________________________________________________ (Signature) (Name) (In the capacity of)



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ANNEXURE – C SCOPE OF WORK


Date: _________________________

To:





Dear Sir,


Hyper converged infrastructure (HCI) and Storage Area Network (SAN) at

Primary & DR Data Centres – Mumbai and Hyderabad location.

Apart from the supply of hardware and software as detailed in the Technical

Requirement, the selected Bidder is expected to carry out the implementation as

follows:

A. Installation of the supplied hardware and complete end-to-end implementation, which

includes configuration of the HCI system, creating required virtual machines, storage

groups as desired by SSL.

B. Configuring the SDN as desired by SSL.

C. Migration of existing servers (Physical and Virtual) and data from the existing storage

box (EMC VMAX – 20K & EMC Celerra) to the new proposed HCI at both Production site

(B.K.C - Mumbai) and DR site (Hyderabad).

D. This statement of work framework includes but is not limited to the project lifecycle

details, global assumptions, project organization and staffing, and project

management processes.

E. Scope of complete end-to-end implementation of HCI and Storage, which includes

supply and implementation of HCI as per industry best practices will consist of (but

not limited to) following few points:

1. Rack mount and install the proposed HCI and SAN at Mumbai and Hyderabad

location.

2. Assign initial management IP’s



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3. Assign disks and create storage pools based on SBICAPSEC business

requirement.

4. Perform all necessary firmware updates.

5. Verify proper disk multi-pathing, setup FC/iSCSI interfaces with servers/ESXi

hosts as per business requirements.

6. Create and configure storage proposed HCI.

7. Demonstrate snapshot and Mirror- copies capability.

8. Migrate data from EMC VMAX- 20K to new storage and HCI.

9. Migrate data from EMC Celerra NAS to new storage.

10. Perform storage vMotion for migrating data.

11. Migration of Guest Virtual machines residing on the existing physical servers

(ESXi hosts -VMWare – VSphere - 6.0 & Hyper V).

12. Successful configuration and integration of clients for SSL’s existing EMC

Networker Backup solution.

13. Migration of Physical servers to proposed new HCI.

14. Provide training of the proposed HCI and storage system to SBICAPSEC

technical team.

15. Detailed process documentation, SOPs for administration and management of

solution should be created and submitted before project signoff.

Dated this __________day of________________ 2017

___________________________________________________________________________ (Signature) (Name) (In the capacity of)



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ANNEXURE – D UNDERTAKING OF AUTHENTICITY


Date: _________________________

To:





Dear Sir,


Sub: Undertaking of Authenticity for Hardware & Software Supplies

With reference to the equipment being quoted to you vide your RFP, we hereby confirm that all the components /parts /assembly / software etc. used in the equipment to be supplied shall be original new components / parts / assembly / software only, from respective OEMs of the products and that no refurbished / duplicate / second hand components /parts/ assembly / software shall be supplied or shall be used. We also undertake to produce certificate from the Original Equipment Manufacturers (if required by you) in support of the above statement at the time of delivery / installation.

We also confirm that in respect of licensed systems and other software utilities to be supplied, the same will be procured from authorized sources and supplied with Authorized License Certificate (e.g. Product keys from the respective OEM)

In case of default and SSL finds that the above conditions are not complied with, we agree to take back the equipment/components supplied and return the money paid by you, in full within seven days of intimation of the same by SSL, without demur or any reference to a third party and without prejudice to any remedies SSL may deem fit.

In case of default and we are unable to comply with above at the time of delivery or during installation, for the IT Hardware / Software already billed, we agree to take back the equipment without demur, if already supplied and return the money if any paid to us by you in this regard.

We also take full responsibility of both parts & Service SLA as per the content even if there is any defect by our authorized Service Centre / Reseller / SI etc.

Dated this __________day of________________ 2017 ____________________________________________________________________________ (Signature) (Name) (In the capacity of)



Page 43 of 65

ANNEXURE – E SERVICE LEVEL AGREEMENT (SLA)


1. Availability

a. System availability in production at 99.99% on a month on month basis.

b. Downtime shall commence when application is not available for business users

to carry out any transactions.

2. Scalability

a. The Solution should be scalable to accommodate new nodes for future

requirements, with minimal disruption to the existing environment.

3. Warranty & Support

a. Vendor must provide 3 year warranty with support for all type of incidents

reported with respect to HCI, SND and Unified Storage.

b. SSL’s Support Team would be equipped with the Operational manual required

to manage routine support activity.

4. Incident & Defect Resolution Matrix

a. Incident Resolution SLA Matrix

Level Of Incident Time

(hrs.)

Description

Critical level

1 Incident

resolution time (P1)

1 hr. Entire HCI / Storage environment is not available

Critical Level

2 incident


4 hrs. Few Nodes are not available, to ensure availability of

Critical VM, some VM had to be shut down.

Critical level

3 incident


6 hrs. Few Nodes are not available, all the VM’s are

running with reduced capacity.

5. Service Level Agreement for Maintenance of the HCI and Storage Solution

Terms & Conditions:

The Vendor warrants that the products supplied under the Contract are new, unused, of

the most recent or current model and they incorporate all recent improvements in design

and / or features. The Vendor further warrants that all the Products supplied under this

Contract shall have no defect, arising from design or from any act of omission of the Vendor



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that may develop under normal use of the supplied products in the conditions prevailing in

India.

Warranty for Hardware Components: Onsite comprehensive warranty for all the hardware

components including free replacement of spares, parts, kits as and when necessary will be

36 months from date of installation, whichever is earlier.

Warranty for the System Software/off-the-shelf Software will be provided to the SSL as per

the general conditions of sale of such software.

The Vendor shall in addition comply with the performance guarantees specified under the

Contract. If, for reasons attributable to the Vendor, these guarantees are not attained in

whole or in part the Vendor shall make such changes, modifications and / or additions to

the Products or any part thereof as may be necessary in order to attain the contractual

guarantees specified in the Contract at its own cost and expense and to carry out further

performance tests.

On-site comprehensive warranty: The warranty would be on-site and comprehensive in

nature and back to back support from the OEM. The vendor will warrant all the hardware

and software against defects arising out of faulty design, materials and media workmanship

etc. for a period of one or three years from the date of acceptance of the hardware and

software. The vendor will provide support for Operating Systems and other preinstalled

software components during the warranty period of the hardware on which these software

& operating system will be installed. The Vendor shall repair or replace worn out or defective

parts including all plastic parts of the equipment at his own cost including the cost of

transport.

During the term of the contract, the VENDOR will maintain the equipment in perfect working

order and condition and for this purpose will provide the following repairs and maintenance

services:

a) Free maintenance services during the period of warranty. Professionally qualified

personnel who have expertise in the hardware and system software supplied by the

vendor will provide these services.

b) The Bidder shall rectify any defects, faults and failures in the equipment and shall

repair/replace worn out or defective parts of the equipment on 24X7X365 basis.

The Vendor shall provide 3 years comprehensive onsite warranty with 24 X 7 X 365

support. In case any defects / failures where the equipment could not be repaired

or rectified during the said period, the engineers of the VENDOR are required to

accomplish their duties beyond the said schedules in case of any situation if it

warrants. In cases where unserviceable parts of the equipment need replacement,

the VENDOR shall replace such parts, at no extra cost to SSL, with brand new parts

or those equivalent to new parts in performance. For this purpose the VENDOR shall

keep sufficient stock of spares at SSL‟s premises and at the premises of The

VENDOR.

c) The maximum response time for a maintenance complaint from the site of

installation (i.e. time required for Vendor’s maintenance engineers to report to the

installations after a request call / fax /e-mail is made or letter is written) shall not

exceed 4 (four) hours.

d) The VENDOR shall ensure that faults and failures intimated by SSL as above are set

right within 6 (six) hours of being informed of the same. In any case the equipment

should be made workable and available not later than the Next Business Day.

e) The VENDOR shall ensure that the full configuration of the equipment is available

to SSL in proper working condition viz. uptime of 99.9% of the time on a 24x7x365

basis.



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f) In the event of the equipment not being repaired or a workable solution not

provided during Warranty period, a penalty of one (1) percent of the total

consideration for delay of each week or part thereof subject to maximum amount

of ten (10) percent of the total consideration will be charged to vendor. The vendor

may provide temporary equivalent replacement as a workable solution to avoid the

above penalty.

g) Any penalty due during the Warranty period will be adjusted against the 10%

retention money retained by SSL. For purpose of calculating penalty, uptime is

calculated as under :

Uptime (%) = Sum of total hours during month - Sum of downtime hours during month X 100

Sum of total hours during the month

Total hours during the month = No. of days in the month X 24

h) In case of any breakdown / malfunctioning of hardware, hardware components,

accessories, system software etc., the relevant defect should be attended to within

2 hours onsite of the receipt/ notice of the complaint and resolved within 4 hours

i.e. the total resolution time inclusive of response time will be 6 hours. Failing to do

so, penalty will be levied in case of every event of breakdown / defect/

malfunctioning of hardware, hardware component, accessories, system software,

due to patch download / upload or for any reason, beyond the range of 6 hours as

follows:

Sr

No Period of delay Penalty amount

1 >Six hours up to eight hours

Rs.10000 per hour or part

thereof

2 > Eight hours up to twelve hours

Rs.20000 per hour or part

thereof

3

> Twelve hours up to twenty four

Hours

Rs. 50000 per hour or part

thereof

4 > Twenty four hours

Rs. 100000 per hour or part

thereof

i) The maximum penalty on account of this will be 10% of the total value of the

contract.

j) The VENDOR shall ensure that the meantime between failures (including any

malfunctioning, breakdown or fault) in the equipment or any part thereof, as

calculated during any and every quarter (period of three consecutive months) is not

less than 90 days.

k) Preventive maintenance: the VENDOR shall conduct Preventive Maintenance

(including but not limited to inspection, testing, satisfactory execution of all

diagnostics, cleaning and removal of dust and dirt from the interior and exterior of

the equipment, and necessary repair of the equipment) once within first 15 days of



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the installation once within the first 15 days of every alternate month during the

currency of this agreement on a day and time to be mutually agreed upon.

Notwithstanding the foregoing the VENDOR recognizes SSL’s operational needs and

agrees that SSL shall have the right to require the VENDOR to adjourn preventive

maintenance from any scheduled time to a date and time not later than 15 working

days thereafter.

l) All engineering changes generally adopted hereafter by the VENDOR for equipment

similar to that covered by this AGREEMENT, shall be made to the equipment at no

cost to the SSL.

m) Qualified maintenance engineers totally familiar with the equipment shall perform

all repairs and maintenance service described herein.

n) The SSL shall maintain a register at its site in which, the SSL’s operator / supervisor

shall record each event of failure and/of malfunction of the equipment. The

VENDOR’s engineer shall enter the details of the action taken in such register.

Additionally every time a preventive or corrective maintenance is carried out, the

VENDOR’S engineer shall make, effect in duplicate, a field call report which shall be

signed by him and thereafter countersigned by SSL’s official. The original of the field

call report shall be handed over to SSL’s official.

o) The VENDOR shall provide replacement equipment if any equipment is out of the

premises for repairs.

Any worn or defective parts withdrawn from the equipment and replaced by the VENDOR

shall become the property of the VENDOR and the parts replacing the withdrawn parts shall

become the property of SSL.

The VENDOR’s maintenance personnel shall, be given access to the equipment when

necessary, for purpose of performing the repair and maintenance services indicated in this

agreement

However if SSL desires to shift the equipment to a new site and install it thereof urgently,

the VENDOR shall be informed of the same immediately. The ssl shall bear the charges for

such shifting and the VENDOR shall provide necessary arrangement to ssl in doing so. The

terms of this agreement, after such shifting to the alternate site and reinstallation thereof

would continue to apply and binding on the VENDOR.

SSL shall arrange to maintain appropriate environmental conditions, such as those relating

to space, temperature, power supply, dust within the acceptable limits required for

equipment similar to that covered by this Agreement.

NO term or provision hereof shall be deemed waived and no breach excused, unless such

waiver or consent shall be in writing and signed by the party claimed to have waived or

consented. Any consent by any party to or waiver of a breach by other, whether express

or implied, shall not constitute a consent to or waiver of or excuse for another different or

subsequent breach.

If, in any month, the VENDOR does not fulfil the provisions of clauses (b), (c), (d), (e) and (h) only the proportionate maintenance charges for that period during the month will be considered payable by SSL without prejudice to the right of the SSL to terminate the contract. In such event the VENDOR was credited without deducting the proportionate maintenance charges for that month, the SSL can deduct the same from future payments payable or the VENDOR shall refund the amount forthwith to SSL on demand by SSL.

On account of any negligence, commission or omission by the engineers of the VENDOR and if any loss or damage caused to the Equipment, the VENDOR shall indemnify/pay/reimburse the loss suffered by the SSL.



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The SSL would have the right to: a) Shift supplied systems to an alternative site of its choice. b) Disconnect / connect / substitute peripherals or devices or any equipment / software

acquired from another vendor. c) Expand the capacity / enhance the features / upgrade the hardware / software supplied,

either from the vendor, or another vendor, or developed in-house. Provided such changes or attachments do not prevent proper maintenance, from being performed or unreasonably increase the VENDOR cost of performing repair and maintenance service.

The warranty terms would not be considered as violated if any of (a), (b) or (c) above takes place. Should there be a fault in the operations of the system, the vendor, would not unreasonably assume that the causes lie with those components / software not acquired from them.

CONFIDENTIALITY:

a) The VENDOR acknowledges that all material and information which has and will come into its possession or knowledge in connection with this agreement or the performance thereof, whether consisting of confidential and proprietary data or not, whose disclosure to or use by third parties may be damaging or cause loss to SSL will all times be held by it in strictest confidence and it shall not make use thereof other than for the performance of this agreement and to release it only to employees requiring such information, and not to release or disclose it to any other party. The VENDOR agrees to take appropriate action with respect to its employees to ensure that the obligations of non-use and non-disclosure of confidential information under this agreement are fully satisfied. In the event of any loss to the SSL in divulging the information by the employees of the VENDOR, the SSL shall be indemnified. The VENDOR agrees to maintain the confidentiality of the SSL’s information after the termination of the agreement also.

b) The VENDOR/SSL will treat as confidential all data and information about the

ENDOR/SSL/Contract, obtained in the execution of this tender including any business, technical or financial information, in strict confidence and will not reveal such information to any other party.

Transition Clause In the event of failure of the Service Provider to render the Services or in the event of termination

of agreement or expiry of term or otherwise, without prejudice to any other right, the SSL at its

sole discretion may make alternate arrangement for getting the Services contracted with another

vendor. In such case, the SSL shall give prior notice to the existing Service Provider. The existing

Service Provider shall continue to provide services as per the terms of contract until a ‘New Service

Provider’ completely takes over the work. During the transition phase, the existing Service Provider

shall render all reasonable assistance to the new Service Provider within such period prescribed

by the SSL, at no extra cost to the SSL, for ensuring smooth switch over and continuity of services.

If existing vendor is in breach of this obligation, they shall be liable for paying a penalty of

Rs.___________on demand to the SSL, which may be settled from the payment of invoices for

the contracted period.

Dated this __________day of________________ 2017




Page 48 of 65

ANNEXURE – F EMD BANK GUARANTEE FORSUPPLY, DELIVERY OF EQUIPMENTS/COMPONENTS AS ARE SET

OUT IN THE SBI RFP NO. SSL/IT/RFP-002/2016-17 DATED: 22.03.2017


WHEREAS Sbicap Securities Ltd. (SSL), having its Corporate Office at Lower Parel, Mumbai,

and Regional offices at other State capital cities in India has invited Request for Proposal for

supply, delivery of equipment/components to Sbicap Securities Ltd. and such services as are

set out in the Sbicap Securities Ltd., Request for Proposal SSL/IT/RFP-002/2016-17 dated:

22.03.2017.

2. It is one of the terms of said Request for Proposal that the Bidder shall furnish a Bank

Guarantee for a sum of Rs.__________/- (Rupees _____________________ Only) as Earnest

Money Deposit.

3. M/s. ________________________, (hereinafter called as Vendor, who are our constituents

intends to submit their tender for the said work and have requested us to furnish guarantee in

respect of the said sum of Rs.__________/- (Rupees _____________________ Only)

4. NOW THIS GUARANTEE WITNESSETH THAT We _____________________________ (Bank)

do hereby agree with and undertake to the Sbicap Securities Ltd., their Successors, assigns

that in the event of the SBI coming to the conclusion that the Bidder has not performed their

obligations under the said conditions of the RFP or have committed a breach thereof, which

conclusion shall be binding on us as well as the said Vendor, we shall on demand by the SBI,

pay without demur to the SBI, a sum of Rs.__________/- (Rupees _____________________

Only) or any lower amount that may be demanded by Sbicap Securities Ltd.. Our guarantee

shall be treated as equivalent to the Earnest Money Deposit for the due performance of the

obligations of the Vendor under the said conditions, provided,

however, that our liability against such sum shall not exceed the sum of Rs.__________/-

(Rupees _____________________ Only).

We also agree to undertake to and confirm that the sum not exceeding Rs.__________/-

(Rupees _____________________ Only) as aforesaid shall be paid by us without any demur

or protest, merely on demand from the SBI on receipt of a notice in writing stating the amount

is due to them and we shall not ask for any further proof or evidence and the notice from the

SBI shall be conclusive and binding on us and shall not be questioned by us in any respect or

manner whatsoever. We undertake to pay the amount claimed by the SBI within a period of

one week from the date of receipt of the notice as aforesaid. We confirm that our obligation to

the SBI under this guarantee shall be independent of the agreement or agreements or other

understandings between the SBI and the Vendor. This guarantee shall not be revoked by us

without prior consent in writing of the SBI.

We hereby further agree that

a) Any forbearance or commission on the part of the SBI in enforcing the conditions of

the said agreement or in compliance with any of the terms and conditions stipulated



Page 49 of 65

in the said tender and/or hereunder or granting of any time or showing of any

indulgence by the SBI to the Vendor or any other matter in connection therewith

shall not discharge us in any way our obligation under this guarantee. This guarantee

shall be discharged only by the performance of the Vendor of their obligations and

in the event of their failure to do so, by payment to us of the sum not exceeding

Rs.__________/- (Rupees _____________________ Only)

b) Our liability under these presents shall not exceed the sum of Rs.__________/-

(Rupees _____________________ Only)

c) Our liability under this agreement shall not be affected by any infirmity or irregularity

on the part of our said constituents in tendering for the said work or their obligations

there under or by dissolution or change in the constitution of our said constituents.

d) This guarantee shall remain in force up to 180 days provided that if so desired by

the SBI, this guarantee shall be renewed for a further period as may be indicated by

them on the same terms and conditions as contained herein.

e) Our liability under this presents will terminate unless these presents are renewed as

provided herein up to 180 days or on the day when our said constituents comply

with their obligations, as to which a certificate in writing by the SBI alone is the

conclusive proof, whichever date is later.

f) Unless a claim or suit or action is filed against us within six months from that date

or any extended period, all the rights of the SBI against us under this guarantee

shall be forfeited and we shall be released and discharged from all our obligations

and liabilities hereunder.

Yours faithfully,

___________________________

Authorized official.

(NB : This guarantee will require stamp duty as applicable in the State where it is

executed and shall be signed by the official(s) whose signature and authority shall be

verified)



Page 50 of 65

ANNEXURE – G MANUFACTURERS'/PRODUCERS’ AUTHORIZATION FORM


To:





Dear Sir,


Sub: MANUFACTURERS'/PRODUCERS’ AUTHORIZATION FORM

Dear Sir: We who are established and reputable manufacturers / producers of

________________________ having factories / development facilities at (address of factory /

facility) do hereby authorise M/s ___________________ (Name and address of Agent) to

submit a Bid, and sign the contract with you against the above Bid Invitation.

2. We hereby extend our full guarantee and warranty for the Solution, Products and services

offered by the above firm against this Bid Invitation.

3. We also undertake to provide any or all of the following materials, notifications, and

information pertaining to the Products manufactured or distributed by the Vendor:

(a) Such Products as SSL may opt to purchase from the Vendor, provided, that this option shall

not relieve the Vendor of any warranty obligations under the Contract; and

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

(i) advance notification to SSL of the pending termination, in sufficient time to permit

SSL to procure needed requirements; and

(ii) following such termination, furnishing at no cost to SSL, the blueprints, design

documents, operations manuals, standards, source codes and specifications of the

Products, if requested.

6. We duly authorise the said firm to act on our behalf in fulfilling all Technical support

and maintenance obligations required by the contract. Yours faithfully, (Name of

Manufacturer / Producers) Note: This letter of authority should be on the letterhead of

the manufacturer and should be signed by a person competent and having the power

of attorney to bind the manufacturer. The Bidder in its Bid should include it.

Yours faithfully,

___________________________

Authorized official.



Page 51 of 65

ANNEXURE – H PRICE BREAKUP SCHEDULE

(to be printed on Bidder’s Letter Head)

To:





Dear Sir,


Sub: Price Breakup Schedule

Total Project Cost along with Equipment with 3 year warranty and 4th and 5th year AMC amount.

Details to be given AS PER THE Technical and FUNCTIONAL requirement

mentioned in the RFP. Bidder need to specify the BoQ with unit cost and quantity

for each and every item.

Buyback offer for the EMC storage and old rack servers

Total Capex = Project Cost – Buyback Offer

Note: Pricing should be “All Inclusive” except VAT / sales tax / service tax/ LBT / Octroi, which

will be reimbursed upon production of original receipts, at actual, under the signature and seal

of the Bidder.

Dated this __________day of________________ 2017

____________________________________________________________________________ (Signature) (Name) (In the capacity of) Note:

1. The ‘Price Breakup’ with Bill of Material need to be submitted without any pricing as part of the

Technical Bid proposal.

2. The ‘Price Breakup’ with Bill of Material need to be submitted with Indicative pricing as part of

the Commercial Bid proposal.

3. Same need to be submitted by the selected bidder with the final price breakup after the reverse

auction.



Page 52 of 65

ANNEXURE – I COMPLIANCE CERTIFICATE FOR ELIGIBILITY CRITERIA


Sr. No.

Criteria Compliance (Yes/No)

Remarks

1 The Bidder should be in a business of supply, delivery installation, configuration and maintenance and support of HCI / Virtualisation and Enterprise Storage systems and equipment in India for at least last 05 years and should be a current legal entity in India.

Certificate of Incorporation and documentary evidence showing bidders is in business of HCI / Virtualisation and Storage solution in last 05 years

2 Bidder should have partnership with OEM of the proposed technology for at least last 3 years

Partnership certificate evidencing minimum 3 years of partnership with the OEM As on date to be submitted with bid

3 The Bidder must have registered net profits during last three consecutive financial years as per the audited balance sheets and P& L accounts for FY 2013-14 and 2014-15, 2015-16.

Financial statement for 2013- 14,2014-15 ,2015-16

4 The bidders should submit financial statements i.e. Audited Balance sheet and Profit & Loss accounts for three years 2013- 14, 2014-15, 2015-16.

Financial statement for,201314,2014-15,2015- 16

5 The Bidder‘s Account should not have been declared as a Non-Performing Asset (NPA) in the Books of any bank or financial institution as on 31.03.2016, A certificate to this effect should be obtained from SSL/Auditor of the bidder and submitted along with the Bid.

Certificate from Bank/ Auditor

6 The bidder has to submit an undertaking that no Government / undertaking organizations have blacklisted the bidder for any reason

Undertaking by Bidder.

7 The Bidder should have permanent office in Mumbai and Hyderabad or any other major city in India.

Submit address proof.

8 The bidder should have their own support centre in India for providing 24 x 7 telephonic technical support and assistance services for immediate response and faster call resolution. Bidder has to provide details of the same with bid submission.

Documentary evidence of support centre and resolution mechanism to be submitted.



Page 53 of 65

9 The bidder should be an Indian Company registered in India with ISO 9001 Certification valid till date of submission of bid.

Certification copy

10 The Bidder should have yearly sales turnover of not less than Rs. 100 crores during last three financial years (2013-2014, 2014-2015 & 2015-16)

Audited Balance Sheet copy and a certificate certifying sales turnover for the FY 2015-16

11 Bidder must have supplied Hyper-Converged Infrastructure (HCI) of proposed OEM in at least one BFSI during last 2 years (The bidder has to submit PO as supporting documents for the same) either in India or abroad (If the supporting document of hardware supplied is from abroad, the complete details of implementation must have been submitted in the respective organisation/firm’s letter head specifically for this RFP).

Installation certificate/ signoff reports, copies of purchase order

12 The bidder should not outsource the contract to subcontractor. The bidder should deploy & manage the project with its resources.

Undertaking to be submitted

13 The bidder should ensure that the OEM, whose product/solution is being proposed, must have the Technical Support Centre in India for providing 24x7x365 technical support.

Documentary evidence to be submitted

We confirm that we comply with the eligibility criteria mentioned above & the terms & conditions

mentioned in the RFP Document are acceptable to us.

Dated this __________day of________________ 2017




Page 54 of 65

ANNEXURE – J BIDDER’S ORGANIZATION PROFILE


Date: _________________________

To:





Dear Sir,


Details of the Bidder:

1) Name

2) Date of Incorporation and / or commencement of business

3) Certificate of incorporation/Partnership deed

4) Brief description of the Bidder including details of its main line of business

5) Company /firms website URL

6) Particulars of the Authorized Signatory of the Bidder

a. Name

b. Designation

c. Address

d. Phone Number (Landline)

e. Mobile Number

f. Fax Number g. Email Address

Dated this __________day of________________ 2017 ___________________________________________________________________________ (Signature) (Name) (In the capacity of)



Page 55 of 65

ANNEXURE – K NON-DISCLOSURE AGREEMENT (NDA)


THIS RECIPROCAL NON-DISCLOSURE AGREEMENT (the “Agreement”) is made effective as of (“Effective Date”)

Between

_________________________________________________________, a Company registered

under the Companies Act, 1956 of India and having its registered office at

______________________________

____________________________________________________________________________

_______

(hereinafter referred to as “Company”)

AND

Sbicap Securities Ltd., a Company registered under the Company’s Act 1956 of India and having its registered office at Marathon Futurex, 12th Floor, A –Wing, N M Joshi Marg, Lower Parel , Mumbai 400013, MH, India (hereinafter referred to as “Company”)(each party shall be referred to separately as a "Party" and collectively as the "Parties").

WHEREAS, the Parties desire to explore entering into a business relationship pursuant to which Confidential Information (as defined below) belonging to each Party may be transmitted to the other Party for review and evaluation and the receiving Party agrees to provide appropriate safeguards to protect the Confidential Information.

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements set forth below, the Parties hereby agree as follows:

1. No Joint Venture. The Parties agree that this Agreement is for the purpose of protecting Confidential Information (as defined herein) only. This Agreement is not a joint venture or other such business arrangement; and any agreement between the Parties as to joint business activities will be set forth in subsequent written agreements.

2. Definition of Confidential Information. The term "Confidential Information" shall mean all non-public information, data and specifications furnished by a Party to the other Party, whether before or after the date hereof and whether in oral ( if communicated orally then it should be subsequently recorded in writing within thirty (30) days of its disclosure,) written, electronic or graphic format, including, but not limited to, information constituting a trade secret , financial information, business plans, strategic and marketing plans, pricing information, designs, procedures, methods of operation, formulas, data flow analyses, drawings, sketches, product specifications, schematics, discoveries, inventions, research and



Page 56 of 65

development, improvements, source code and object code, concepts, ideas, processes, know-how, documentation, patterns, parts lists, blueprints, circuit diagrams, devices, prototypes and models. Confidential Information shall not include such information, data and materials as the disclosing Party agrees in writing is not proprietary or confidential to that Party or which: (i) is or becomes publicly available by other than unauthorized disclosure by the receiving Party; (ii) is independently developed by the receiving Party without use of any Confidential Information; or (iii) is received from a third party who has lawfully obtained such Confidential Information without a confidentiality restriction. All copies of Confidential Information, or parts thereof, made by either Party shall also be considered Confidential Information.

3. Agreement to Maintain Confidentiality. Each Party agrees that it will keep the other Party’s Confidential Information strictly confidential and that the Confidential Information will not, without the prior written consent of the disclosing party, be disclosed by the recipient Party or its Representatives (as defined below) in any manner whatsoever, in whole or in part, and that the Confidential Information will not be used by the recipient Party or by its Representatives other than as expressly permitted herein. Each Party shall exercise at least the same degree of care to protect the confidentiality of the other Party’s Confidential Information which it exercises to protect the confidentiality of its own similar Confidential Information, but in no event less than reasonable care. Neither party shall show nor otherwise disclose such Confidential Information to any third parties, including, but not limited to, independent contractors and consultants, without the prior written consent of the disclosing Party; provided, however, that each receiving Party may provide use and access of the Confidential Information to its bona fide employees, agents, officers, directors, attorneys and accountants (collectively, the "Representatives") who have a need to know such Confidential Information for purposes of conducting the Party's review and to determine whether it desires to pursue a business relationship with the other Party. Each Party shall by appropriate instruction or agreement inform its Representatives of such Party's obligations under this Agreement. Each Party shall be responsible for any unauthorized use, reproduction or disclosure of Confidential Information by any of its Representatives. Neither Party shall use the other Party's Confidential Information, in whole or in part, in developing any product or service or component thereof for its benefit or for the benefit of or on behalf of any third party without the prior written consent of the disclosing Party. Under no circumstances may either Party decompile, disassemble, reverse engineer, plagiarize or "unlock" any products (including computer programs), prototypes or models furnished to such Party by the other Party. In any event, the recipient Party shall be fully liable to the disclosing Party for any loss, liability or damages incurred by the disclosing Party as a result of any breach of this Agreement by the recipient Party or its Representatives.

4. Proprietary Legends. No Party shall remove any copyright or other proprietary rights notice attached to or included in any Confidential Information. Each Party shall reproduce all such notices on any copies such Party makes of Confidential Information. Neither Party shall alter, translate, adapt, plagiarize or make any modifications to or prepare derivative works of the Confidential Information or the proprietary legends.

5. Proprietary Rights. All right, title, and interest in and to the Confidential Information and any Trade Secrets or other intellectual property rights embodied therein are retained by the disclosing Party. Nothing contained in this Agreement shall be construed as granting or transferring to or conferring upon the receiving Party rights in the disclosing Party's Confidential Information not possessed by such Party prior to this Agreement. This agreement does not obligate either party to disclose confidential information to the other party.



Page 57 of 65

6. Requests for Confidential Information. If required by order of any court of competent jurisdiction or other governmental authority, the receiving Party may disclose to such authority data, information or materials involving or pertaining to Confidential Information to the extent required by such order, provided that the receiving Party shall first have used its best efforts to obtain a protective order reasonably satisfactory to the disclosing Party sufficient to maintain the confidentiality of such data, information or materials.

7. Return of Confidential Information. Upon either Party's request or upon completion of the review and evaluation of the Confidential Information, each Party will return to the other Party all Confidential Information in tangible form, whether reduced to such form by either Party, including all copies thereof and each Party, at its expense, will destroy all electronic copies of the Confidential Information received from the disclosing party or made by such Party and will so certify in writing to the disclosing party.

8. Legal and Equitable Relief. Each Party hereby acknowledges and agrees that the other Party considers its Confidential Information to be a commercially valuable, confidential asset of such Party, reflecting the investment of considerable time, effort and money in the development of the design and specifications and marketing strategies for various products or services. In the event of any actual or threatened violations or breaches of this Agreement by a Party or by such Party's Representatives, the Party agrees that the other Party shall be entitled to all legal and equitable remedies afforded it by law, including an injunction or any appropriate decree of specific performance without the necessity of such Party showing actual damages or that monetary damages would not afford an adequate remedy. In addition to any and all other forms of relief, a Party may recover from the breaching Party all reasonable costs and attorneys' fees incurred in seeking any such legal or equitable remedy.

9. Loss, Theft or Unauthorized Disclosure. Each Party will immediately notify the other Party of any theft or unauthorized disclosure, reproduction or use of any Confidential Information, or any part of such information, of which such Party has knowledge. A Party shall include in such notice the name, title and business address of any person, whether or not employed by such Party whom such Party reasonably believes has unauthorized possession of or made unauthorized disclosure, reproduction or use of Confidential Information. Such notice shall be sent to the other Party by registered or certified mail at its address set forth in Section 10 below.

10. Notice. All notices, demands or other communications required or permitted to be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, sent by first class mail, all postage and other charges prepaid or mailed by certified mail, return receipt requested, with postage prepaid to the addresses set forth on the signature page. Notice sent by first class mail shall be deemed effective as of the fourth (4th) business day following the date of mailing.

11. Term. This Agreement shall become effective on the date shown above and remain in force for the period of 3 Years. The termination of this Agreement shall not affect the protection



Page 58 of 65

afforded by this Agreement for the Confidentiality Period. Notwithstanding any termination, the obligations of Recipient concerning confidentiality shall terminate one (1) year following the termination of this Agreement.

12. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and is the final expression of their agreement and no evidence of oral or other written promises shall be binding. All other prior agreements or understandings related to the subject hereof between the parties, whether written or oral, shall be null and void and of no further force and effect upon the execution of this Agreement.

13. Amendment. This Agreement shall not be modified except by a written instrument signed by both parties.

14. Severability. If any severable provision of this Agreement is deemed invalid or unenforceable by any judgment of a court of competent jurisdiction, the remainder of this Agreement shall not be affected by such judgment, and the Agreement shall be carried out as nearly as possible according to its original terms and intent.

15. No Assignment. Neither party may assign this Agreement. The obligations of the parties under this Agreement shall not terminate upon any attempted assignment.

16. Waiver. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof.

17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of India. Each Party agrees that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction sitting in the courts of Mumbai.

18. Authority to Contract. Each party represents that it has the full power and authority to enter into this Agreement and to grant the rights herein conveyed. Each party further represents that it has not entered, nor will it enter, into any agreements that would conflict with its obligations hereunder or would render it incapable of satisfactorily performing hereunder.

19. Non Solicitation. Each party confirms that till the termination and / or expiration of this Agreement and thereafter for a period of one year following, either party or its personnel shall not knowingly solicit any employee of other party & shall not become employee of other party.

20. General. This Agreement is binding on the party's heirs, successors and permitted assigns. This Agreement is the result of an arms-length bargain between the parties. The terms of this Agreement shall not be construed against the drafter.



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21. Counterparts. This Agreement may be exercised in any one or number of counterparts, each of which shall be deemed an original and which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date

first specified above.

For _______________________ For _______________________

Signature: __________________________

Name:

Title:

Address:

Phone: ____________________________

Fax: _______________________________

Signature: ___________________________

Name:

Title:

Address:

Phone: _____________________________

Fax: ________________________________



Page 60 of 65

ANNEXURE – L PERFORMANCE BANK GUARANTEE FORMAT

(TO BE STAMPED AS AN AGREEMEN)

(Note: Kindly replace XXXX (XXX) with valid details)

To,

SBICAP Securities Limited Marathon Futurex, A & B Wing, 12th Floor, N. M. Joshi Marg, Lower Parel (East), Mumbai – 400013.

This Deed of Guarantee made at Mumbai on this XXXXXX day of XXXXXXX, 20XX by M/s

XXXXXXXXXXXX, a company registered under the Companies Act 1956 having its registered

office at XXXXXXXXXXXXXXXXX , India (hereinafter referred to as ‘Vendor’ which

expression shall include its successors and assigns) in favour of M/s SBICAP Securities Limited

having its registered office at Marathon Futurex, 12th Floor, A –Wing, N M Joshi Marg, Lower

Parel , Mumbai 400013 (hereinafter referred to as ‘Purchaser’ which expression shall include

its successors and assigns)

Whereas

The Vendor and Purchaser have entered into an agreement dated _______________

(hereinafter referred to as “the said agreement”) for supply and installation of XXXXXXX

(Material) at XXXXXXX (Address) vide Purchase order number XXXXXXXX dated XXXXX

(if claim is against a single purchase order else should be mentioned in tabular format if claim

is against multiple purchase orders). It has been agreed that a payment of Rs. XXXXXXX

(Rupees XXXXXXXXX only) including the applicable taxes and all levies as applicable will be

made to the Vendor for supply of XXXXXX (Material). As per the payment terms 90% of the

total invoice (Mention the invoice number, invoice date, invoice value, 90% and 10% value, if

it is a single invoice or in tabular format in case of multiple invoices) value including the taxes

and levies i.e. Rs. XXXXXX/- (Rupees XXXXXXXXX only) will be made within 30 days of

receipt of the original invoice duly signed and stamped, along with the installation report and

other necessary documents (after supply and satisfactory installation of hardware). The balance



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10% of amount i.e. Rs. XXXXXXXX (Rupees XXXXXXXXXXXXXX only) shall be payable by

the Purchaser to the Vendor only on furnishing the performance bank guarantee from a

scheduled bank in favour of the Purchaser by the Vendor or after the expiry of the warranty

period.

The Vendor, the constituent of the bank has accepted the Purchase Order No.

XXXXXXXXXXXX dated XXXXXX from the Purchaser whereby the Vendor has agreed to

supply, install and commission XXXXXXX (Material supplied), each in accordance with

specifications, more particularly described in Purchase Order on terms and conditions therein

contained, (the purchase order is hereinafter referred to as the “Said Order” )

It is one of the terms of the said conditions that upon successful delivery, installation and

acceptance from the Purchaser of each such items as mentioned XXXXXXXX (Material)

(hereinafter referred to as “the said equipment) in accordance with the provision of clause

“Payment” or “Terms of Payment” of the Said Order, the Purchaser shall pay the final

balance of 10% of the total price to the Vendor subject to the Vendor furnishing a Bank

Guarantee from a Scheduled Bank for performance in favour of the Purchaser thereby

guaranteeing the satisfactory performance and execution of the Said Order.

The Bank has at the request of the Vendor agreed to give in favour of the Purchaser

performance guarantee as above and has requested the Purchaser to pay to the Vendor the

final balance of 10% of the total price for the said equipment in terms of the said agreement.

The Purchaser has accordingly agreed to pay to the Vendor a sum of Rs.

XXXXXXXXX (Rupees XXXXXXXXXXXXXXXXXXX Only) being 10% of the balance total

price in respect of the said equipment.

XXXXXXXXXXXXXXXXX Bank having its office at XXXXXXXXXXXXXXXX has at the request

of the Vendor has agreed to give the guarantee as hereinafter contained:

IN CONSIDERATION of the Purchaser at the request of the Bank, having agreed to pay to the

Vendor the said sum of Rs. XXXXXXXXX (Rupees XXXXXXXXXXXXXXXXXXXXX only) the

balance 10% of the total price of the said equipment, we the Bank, hereby unconditionally and

irrevocably guarantee and undertake that the Vendor shall satisfactorily execute the terms of

the said Order and ensure satisfactory performance of the equipment supplied for a period up

to XXXXXXX (Date of Expiry of Warranty) from the date of formal acceptance by the



Page 62 of 65

Purchaser of the equipment as laid down in the said Order, more particularly if the equipment

/ components has been imported in violation of any rules or regulation imposed by the

Government, the system software supplied are in violation of any copyright / license and the

said equipment is kept out of order by Vendor due to any hardware / software problem

continuously for a period of a fortnight, we NAME OF THE BANK shall on demand(s) from

the Purchaser without protest or demur or without reference to the Vendor and notwithstanding

any contestation or existence of any dispute whatsoever between the Vendor and Purchaser

pay to the Purchaser forthwith the sum of Rs. XXXXXXXXXX (Rupees XXXXXXXXXXXXXXX

only).

Any such demand from the Purchaser shall be conclusive as regards the liability of Vendor or

as regards the amount payable by the Bank under this guarantee. The Bank shall not be

entitled to withhold payment on the ground that the Vendor had disputed its liability to pay or

has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding

is pending between Vendor and Purchaser regarding the claim.

We, the XXXXXX (NAME OF THE BANK), hereby further agree & declare that

Any neglect or forbearance on the part of the Purchaser to the Vendor or any indulgence of

any kind shown by the Purchaser or any change in the terms and conditions mutually agreed

between the Vendor and the Purchaser shall not in any way release or discharge the Bank from

its liabilities.

The guarantee herein contained shall be distinct and independent and shall be enforced against

the bank not withstanding any other guarantee or security now or hereinafter held by the

Purchaser at its discretion shall at the time when this guarantee is invoked be outstanding or

not enforce.

The guarantee shall not be affected by any infirmity or irregularity in the exercise of the

guaranteeing powers by or on behalf of our bank or by merger or amalgamation or any change

in the constitution or name of the bank.

As in between the Vendor and the Purchaser, we are the principal debtor to the Purchaser.



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This guarantee shall not be affected by any change in the constitution of the Vendor or the

Purchaser and shall be discharged only if the Purchaser is satisfied about the performance of

the said equipment by fulfilling the criteria as to the uptime and performance of the said

equipment as laid in the said agreement or by payment of the sum guaranteed hereunder to

the Purchaser as the case may be.

This guarantee shall be in addition to and not in substitution for any other or of the said

consignment.

Any notice/communication from the Purchaser to the effect there has been failure of the

equipment to perform and satisfied the criteria as to the uptime performance of the said

equipment laid down in the agreement shall be conclusive, final binding on the bank and shall

not be questioned by the bank in or outside the court, tribunal authority or arbitration as the

case may be. Any notice/ communication by way of request and demand or otherwise

hereunder may be sent by post or any other mode of communication to the bank addressed

as foresaid and if sent by post, it shall be deemed to have been given at the time when given

shall be conclusive.

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted

to Rs. XXXXXXXXXX (Rupees XXXXXXXXXXXXXXXXXXXXX only).

This guarantee shall remain valid until XXXXXX (DATE OF VALIDITY OF WARRANTY OF

THE PRODUCT), or and after which, ceases to be effect in all respect whether or not original

bank guarantee is returned to us.

We are liable to pay the guarantee amount or any part thereof under this bank guarantee only

if you serve upon us written claim or demand on or before XXXXXX DATE OF VALIDITY OF

WARRANTY OF THE PRODUCT.



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The Bank further agrees that the Purchaser shall have the fullest liberty without the consent of

the Bank and without affecting in any way the obligations hereunder to vary any of the terms

and conditions of the said agreement or to extend the time for performance of the said

agreement from any of the powers exercisable by Purchaser against the Vendor and to forebear

to enforce any of the terms and conditions relating to the said agreement and the Bank shall

not be relieved from its liability by reason of such failure or extension being granted to the

Vendor or through any forbearance, act or omission on the part of Purchaser or any indulgence

by Purchaser to Vendor or any other matter or thing whatsoever which under the law relating

to sureties would but for this provision have the effect of relieving or discharging the guarantor.

The Bank guarantees under its constitutional power to give this guarantee and

XXXXXXXXXXXX (NAME OF THE AUTHORIZED SIGNATORY), who have signed it on

behalf of the Bank have authority to do so.

(Authorized Signature of the Bank Official along with the Bank Seal)

Dated: XXXXXXXXX at XXXXXXXXXX



Page 65 of 65

ANNEXURE – M SCORING MODEL TO EVALUATE TECHNICAL BID

Criterion Weight Criterion Description

Ability to Meet Requirements 30%

Quality of technical solution

and consulting services.

Ability to meet milestones

and deadlines. Performance

and features based on the

PoC Results and Product

demonstration.

References and Experience 20%

Quality of work and pertinent

experience, past

performance and firm’s

qualifications. Proven

success implementing

proposed solution at similar

sized organizations.

Company Position in

Industry 20%

Position in marketplace,

innovation and expertise,

Product roadmap, company

stability and likelihood of

company / Product Survival.

Cost (After the Reverse

Auction) 30%

Product value, ongoing costs

for maintenance and

support, consulting &

conversion costs, perceived

degree of accuracy in pricing

for overall project.