REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF … · 5) Words used as bid / proposal / offer mean response to this RFP by the vendor and are used interchangeably. 6) Words application,

RFP FOR CASH MANAGEMENT SOLUTION Page 1

RFP Reference No: OBC/HO/DBD/RFP-CMS/2018-19/11

Date: 12.02.2019

REQUEST FOR PROPOSAL (RFP)

FOR

PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR

PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION

AND UPGRADATION

ORIENTAL BANK OF COMMERCE DIGITAL BANKING DEPARTMENT

CORPORATE OFFICE

GURUGRAM

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RFP FOR CASH MANAGEMENT SOLUTION

DISCLAIMER This document is meant for the specific use by an organization / person/s

interested to participate in the current Bidding process. This document in its

entirety is subject to Copyright Laws. Oriental Bank of Commerce (OBC) expects the bidders or any person acting on behalf of the bidders to strictly adhere to the

instructions given in the document and maintain confidentiality of information. By downloading the document, the interested party is subjected to the confidentiality

clauses. This RFP document is not an agreement and is not an offer or an invitation by

Oriental Bank of Commerce (OBC) to any party other than applicants who are

qualified to submit the bids (bidders). It contains statements derived from

information that is believed to be reliable at the date obtained but does not

purport to provide all of the information that may be required to enable an

intending contracting party to determine whether or not to enter into a contract or

arrangement with the Bank in relation to the provision of services. Neither the

Bank nor any of its employees, agents, contractors, or advisers gives any

representation or warranty, express or implied as to the accuracy or

completeness of any information or statement given or made in this RFP

document. Neither the Bank nor any of its employees, agents, contractors, or

advisers has carried out or will carry out an independent audit or verification or

due diligence exercise in relation to the contents of any part of the RFP

document. The Bank may in its absolute discretion, but without being under any

obligation to do so, update, amend or supplement the information in this RFP.

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General Detail

Tender No OBC/HO/DBD/RFP-CMS/2018-19/11

Bank Name ORIENTAL BANK OF COMMERCE

Scope of Work

PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION

Tender Details

REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION

Mode of Tender Submission

Online and part of Offline

Tender Type Open

Type of Contract Service

Bidding Type Indigenous

Consortium Not Allowed

Key Dates

Document Download Start Date & Time

12.02.2019 at 1100 hrs

Document Download End Date & Time

12.03.2019 at 1500 hrs

Last Date & Time of Online Bid along with submission of required documents Offline

Online Bid submission: 12.03.2019 by 1500 hrs Physical BID & Documents submission: 12.03.2019 by 1500 hrs

Date & Time of Online Technical Bid Opening

12.03.2019 at 1530 hrs onwards

Bid Validity Period (Days)

As per tender document

Documents to be submitted Physically

i. Participation Fee Demand Draft, ii. B.G. or Demand Draft for EMD as per the format

attached iii. Other documents supporting eligibility criteria etc. as

per tender document. iv. Duly signed & executed on the part of bidder “Pre-

Contract Integrity Pact” with requisite stamp paper (at least of ₹100/- or as applicable to their respective

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state)

Tender Activity Configuration

Pre-bid-Meeting On 20.02.2019 at 1500 hrs, At Oriental Bank of Commerce, Corporate Office, Plot No.5, Institutional Area, Sector-32, Gurugram – 122 001

Mode of Consulting Agreement

Offline

Mode of participation Fees Payment

Offline

Mode of EMD payment Offline

Payment Details:-

Participation Fees(₹) (Not refundable)

₹25,000/- plus applicable GST at 18% (Rupees ten thousand only) by way of PO/DD in favour of Oriental Bank of Commerce, Payable at Gurugram. (Bidders who are registered with NSIC/MSME category are exempted from Participation Fee, on submission of copy of the certificate)

Earnest Money Deposit (EMD) Amount

₹20,00,000/- (Rupees Twenty Lakh only) by way of BG/PO/DD. (Bidders who are registered with NSIC/MSME category are exempted from Participation Fee, on submission of copy of the certificate)

Details

Eligibility Criteria : As per RFP Document

General Terms and condition :

As per RFP Document

Other Details :

This Tender will follow e-Tendering process [e-bids] as under which will be conducted by Bank’s authorized e-Tendering Service Provider M/s Antares Systems Ltd. through Website https://www.tenderwizard.com/OBC. Following activities will be conducted online through above website:

a) Submission of Technical Bid & Commercial Bid by the

Vendor b) Opening of Technical Bid & Commercial Bid by the Bank c) Clarification, if any, sought by the Bank. d) On-line evaluation by the Bank.

Representatives of bidders will be online supported for e-

Tendering by the Service Provider, M/s Antares Systems Ltd.

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Bidders who wish to participate in online tenders will have to register with the website (https://www.tenderwizard.com/OBC) through the "Registration" link provided on the home page. Bidder will create login id & password on their own in registration process.

Following facilities shall be provided to registered bidders/ vendors by the service provider M/s Antares Systems Ltd.

a) Support to the Bidders for participating in the bids through e-

tendering Website. b) Call center support/ email/ phone/ fax/ chat / mobile etc. in

all possible medium. c) Registration with the e-tendering website. d) User Manual / Training Kit to the Bidder. e) Any no. of users of Vendor/ Contractor organization can

take support on the e-tendering system. f) Bidder who wish to participate in this tender need to procure

Digital Signature Certificate (for Signing and Encryption) as per Information Technology Act-2000 and CVC guidelines using that they can digitally sign their electronic bids. Bidders can procure the same from any of the CCA approved certifying agencies, or they may contact M/s Antares Systems Ltd. at below mentioned address and they will assist them in procuring the same. Bidders who already have a valid Digital Signature Certificate need not to procure the same. In case bidders need any clarification regarding online participation, they can contact

Antares Systems Ltd. Registered Office at: #24, Sudha Complex,

3rd Stage, 4th Block, Bangalore – 560079.

Ph: - 080-49352000 / 40482000 Fax: - 080-49352034

Email : [email protected] Website : http://www.antaressystems.com

Help Desk:

Contact Person: Mr. Sachin Mobile no. 09555926408 / 080-4935-2000

(On working days-9 hours–18 hours) e-mail: [email protected]

a) Bidders who wish to participate in e-Tender need to fill data in

predefined forms of RFP, Technical, Price bid available in respective

tender only. b) Bidder should upload scanned copies of reference documents in support

of their eligibility of the bid and as per the instructions given in tender

documents. c) After filling data in predefined forms bidders need to click on

final submission link to submit their bid.

http://www.antaressystems.com/

mailto:[email protected]

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Important Clarifications:

Following terms are used in the document interchangeably to mean:

S.No Particulars

1) Bank and OBC means “Oriental Bank of Commerce”.

2) Recipient, Respondent, Vendor and Bidder means “Respondent to the RFP document”.

3) Branch and Branches mean any office/branch of the Bank where transaction takes place

4) Vendor / Respondent / Bidder are used interchangeably in this document and carry the same meaning.

5) Words used as bid / proposal / offer mean response to this RFP by the vendor and are used interchangeably.

6) Words application, software, Solution and System used in this RFP has the same meaning and are used interchangeably.

7) Customer of the Bank for the purpose of this RFP refers to account holders or new customer acquired of the Bank as well as persons referred by customers and staff of OBC.

8) Cash Management Services/ CMS/ Collction & payable management/ Cash Management Solution/ application/ software/ system have been used interchangeably in this document and carry the same meaning.

9) Payment system/ cash management/ collection services/ collection & payable services have been used interchangeably in this document and carry the same meaning.

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INDEX

S.NO. Particulars Page No.

1 INTRODUCTION 9

1.1 Bank’s Profile 9

1.2 Introduction 9

1.3 Information Provided 9

1.4 Purpose 10

1.5 Objectives 10

1.6 Scope of Work and Responsibilities of Bidder 10

1.7 Service Level Agreement & Contracting 18

1.8 Information Security Compliance & Confirmation 24

1.9 RFP for Respondent only 25

1.10 Confidentiality 25

1.11 Disclaimer 25

1.12 Costs Borne by Respondents 26

1.13 No Legal Relationship 26

1.14 Recipient Obligation to Inform Itself 26

1.15 Evaluation of Offers 26

1.16 Errors and Omissions 26

1.17 Standards 26

1.18 Acceptance of Terms 26

1.19 Selection Process 26

2 GENERAL ELIGIBILITY OF BIDDERS 27

3 TECHNICAL ELIGIBILITY OF BIDDERS 29

4 BIDDING PROCESS 30

4.1 E-Tendering 31

4.2 Downloading of RFP Document 31

4.3 Due diligence 31

4.4 Submission of Bid 32

4.5 Two Stage Bidding Process 32

4.6 Technical / Commercial Bid Essentials 32

4.7 Opening of Bids 33

4.8 Cost of Bidding 33

4.9 Normalization of Bids 33

4.10 Late Bids 34

4.11 Rejection of Bids 34

4.12 Clarifications of RFP 34

4.13 Pre Bid Queries 34

4.14 Amendment in RFP Contents 35

4.15 Language of Proposal 35

4.16 Validity Period 35

4.17 Proposal Currency & Price Structure 35

4.18 RFP Response Terms 35

4.19 Bid Preparation and Submission 36

4.20 Signing of Bid Documents 36

4.21 Authorized Representatives 36

4.22 Bid Closing Date 37

4.23 Bid Validity Period 37

4.24 Submission of Bid 37

4.25 Notifications 37

4.26 Disqualification 37

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4.27 Validation of Interlineations in Bid 37

4.28 Period of assignment 37

5 BID EVALUATION PROCESS 37

5.1 General 37

5.2 Eligibility Criteria Verification 37

5.3 Commercial Bid Evaluation 37

6 OTHER TERMS & CONDITIONS 40

6.1 Notification of Acceptance of Bid 40

6.2 Security Deposit/ Performance Bank Guarantee 40

6.3 Failure to abide by the NDA 41

6.4 Annulment of Award 41

6.5 Delays in Bidders Performance 41

6.6 Liquidated Damages (LD) 41

6.7 Dispute Resolution 42

6.8 Uncontrollable circumstances (Force Majeure) 42

6.9 Assignment 42

6.10 Sub Contracting 42

6.11 Limitation of Liability 42

6.12 Publicity 42

6.13 Privacy & Safeguards 43

6.14 Confidentiality 43

6.15 Prices 43

6.16 Responsibilities of Bidder 44

6.17 Execution of SLA & NDA 45

6.18 Payment Terms 46

6.19 Award of Contract 47

6.20 Signing of Contract 47

6.21 Legal Compliance 47

6.22 Amendment to Contract 48

6.23 Other terms & Conditions 48

6.24 Others 48

6.25 Integrity Pact 50

6.26 Tentative Projections for reference of Bidders 50

Annexures

I Format of Tender Offer Cover Letter 51

II Compliance of the Terms & Conditions 53

III Bidders Details 54

IV Confirmation of Eligibility Criteria (General & Technical) 55

V Pre-Bid Clarification format 59

VI Undertaking from Principal/ OSD (For Software)- For OEM/ OSD 60

VII Undertaking from Principal/ OSD (For Software)- For Bidder 61

VIII Pro-forma for Submission of Sizing by Successful bidder within 7 days of issuance of Purchase order

62

IX Performa for Bank Guarantee for Earnest Money Deposit 64

X Undertaking by Bidder 66

XI Self Declaration on not being Blacklisted 69

XII Authorization Letter format 70

XIII Commercial Bid format 71

XIV Letter of authority for participation in Reverse auction 72

XV Business rules for Reverse auction 73

XVI Non Disclosure Agreement 76

XVII Pro-forma for Performance Bank Guarantee 82

XVIII Pre-Contract Integrity Pact 84

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1. INTRODUCTION

1.1 Bank’s Profile

1.1.1 Oriental Bank of Commerce (OBC), a body constituted under Banking Companies (Acquisition and Transfer of Undertakings) Act 1980 having its registered office at Harsha Bhawan, E-Block, Connaught Place, New Delhi-110001 and its Corporate Office at Plot No-5, Institutional Area, Sector-32, Gurugram-122001. OBC’s Digital Banking Department is presently located at fourth & fifth floor of the Annex Block, Corporate Office.

1.1.2 Oriental Bank of Commerce hereinafter called “Bank” which term or expression unless excluded by or repugnant to the context or the meaning thereof, shall be deemed to include its successors and permitted assigns hereinafter called “Oriental Bank of Commerce” or “Bank” or “bank” or “OBC”, issues this “Request for Proposal”, hereinafter called “RFP”.

1.1.3 Bank has achieved Business Mix of ₹3,78,839crore as on 31.12.2018.

1.1.4 As on 31.12.2018, Bank has 2387 Branches and an ATM network of 2625 ATMs across the country.

1.1.5 Bank has national presence and a representative office in Dubai.

1.1.6 Bank uses Information Technology in all spheres of its functioning by connecting all its Branches, Circle offices, Corporate office and Data Centre by WAN.

1.1.7 Bank had achieved 100% coverage of all its branches and service branches under Finacle Core Banking Solution (CBS) by 31st March, 2008.

1.1.8 Further details of Bank including profile, products and services are available in Bank’s website at https://www.obcindia.co.in.

1.2 Introduction

1.2.1 This RFP is issued for inviting proposals for “PROCUREMENT OF COMPOSITE SOLUTION SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION”, from eligible bidders satisfying the eligibility criteria as set out in this document.

1.2.2 Bank presently under takes cash management services for select customers and provides services for electronic collection/ debit management/ receivable management or for payable management by leveraging on payment infrastructure.

1.3 Information Provided

1.3.1 This RFP document contains statements derived from information that is believed to be true and reliable at the date obtained but does not purport to provide all of the information that may be necessary or desirable to enable an intending contracting party to determine whether or not to enter into a contract or arrangement with the Bank in relation to the provision of services. Neither the Bank nor any of its directors, officers, employees, agents, representatives, contractors, or advisers gives any representation or warranty (whether oral or written), express or implied as to the accuracy, updating or completeness of any writings, information or statement given or made in this RFP document. Neither the Bank nor any of its directors, officers, employees, agents, representatives,

https://www.obcindia.co.in/

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contractors, or advisers has carried out or will carry out an independent audit or verification or investigation or due diligence exercise in relation to the contents of any part of the RFP document.

1.3.2 If it is required to revise any part of this RFP before the proposal response date including change of the response date, Corrigendum shall be posted to the Bank’s website under the original RFP document. It is the responsibility of the bidder to periodically check the website for any new information or corrigendum to the RFP.

1.1 PURPOSE

1.1.1 Oriental Bank of Commerce intends procure an application or software or solution for end to end management of cash management services for payable & receivable management offering as a product to its Corporate customers.

1.1.2 The solution offered shall be a composite solution including requisite software, OS, DB, Hardware, middleware etc. under this RFP. However, Bank shall provide scoped hardware, OS, DB & Middleware after necessary normalization. The bidders are required to submit the requirements along with the bids.

1.2 OBJECTIVES

The Bank has decided to float this RFP to achieve the following objective:

1.2.1 To invite techno-commercial bids from Corporate Body/ Public or Private Ltd company/Public sector undertaking/ Partnership Firm/LLP/Autonomous body, for the scope of work and as per terms and conditions as outlined in this RFP

1.2.2 To have empanelment of a qualified & competent vendor, through an open tendering process.

1.2.3 The Bank is inviting offers from Bidders having software application and solution suite for cash management/ payments management/ collection or receivable management by leveraging on payment ecosystem along with capability and experienced in all aspects relating to the implementation of software solution, maintenance, customization and it’s up gradation.

1.2.4 The prime responsibility of the vendor is to provide application/ software solution and implement the solution as per Bank’s requirement for service for end to end management of cash management services or payments management services of the Bank along with migration from the existing system/ software.

1.3 SCOPE OF WORK AND RESPONSIBILITIES OF BIDDER:

1.3.1 The implementation is required for a comprehensive Cash Management Solutions with end to end receivables and payable modules to be implemented as per Bank’s requirement along with modules for Invoicing, MIS etc.

1.3.2 Study existing environment and prepare detailed design documents for the deployment/installation of the proposed hardware & software.

1.3.3 The solution should have capability to integrate with any payment system including mandate management, standing instructions, NACH/ e-NACH, remittances, cheques etc. for offering a common product platform for collection or payments management services for Corporate customers.

1.3.4 The solution offered shall including all infrastructure required for deployment of the proposed Cash Management Solution and the bids submitted shall include

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the complete requirement of hardware, applications, software, database, operating system etc. as required for smooth running of the Cash Management Solution and linked processes.

1.3.5 The application/ solution offered shall not have specific dependency on any make or model of Hardware, OD, DB, middleware etc.

1.3.6 The bidder shall be responsible for the scoping of Banks requirement as a project plan, sizing of infrastructure requirements, its deployment along with Cash Management application for receivables/ payable management, maintenance, system performance, customization, upgradation etc.

1.3.7 Support for Supply, install & commissioning of the requisite hardware, software & licenses in coordination with Bank teams & other vendors.

1.3.8 The bidder will deploy project manager and engineers from the Original Software Developer (OSD) of the application/ software for the installation of the solution in case the bidder is other than OSD/ Principal. The bidder to ensure the availability of implementation team till the installation and commissioning of the software/ licenses has been completed.

1.3.9 Transfer of Data from the existing system to the New System, if any, to be completed within timeline as specified and required by the Bank

1.3.10 Post implementation scope to indicatively includes support for the following: (a) Upgrades, (b) maintenance, (c) System monitoring, (d) Troubleshooting & Performance Tuning, (e) Advisories on software upgrades & vulnerabilities, (f) Conduction DR Drills & support for the same, (j) Any support required to make systems & software up and running.

1.3.11 Client On-boarding The application shall have the capability to onboard the Client/ entity on the

platform along with capability for mapping of details about entity, charges, period of validity/ review etc.

Granularity in assigning Entitlement: User roles & rights based on multiple criteria including virtual account number or actual accounts to allow control of a conglomerate, irrespective of complexity. The concept of child account and parent account for handling corporate customers payable/ receivable requirement thereby providing consolidated position to customer

Quicker and hassle free on-boarding using data uploads. Capability to configure Customer level hierarchy or division using Virtual

Accounts or Counter party from various payment channels. Customer specific product & enrichment creation for providing MIS/ reports

to Bank’s Management as well as to the customers. Services shall be configurable to the respective customer and services

based charges for respective customer to be configurable from front end web based user login.

Hierarchy for Bank user for customer onboarding with Maker, Checker and Super Admin users.

System should have capability to process events under concurrency for varied functionality under the solution.

1.3.12 Paper Based Collection Virtual account based collection & credit processing along with option for

Instant/ scheduler based/ manual credit processing functionality to be configurable and modifiable based on hierarchy of Bank user.

Support for Hierarchy- Proportional credit processing Solution shall have capability to connect with external APIs for confirmation

of Pickup points for customers, Lockbox for C2B collections etc. with Real-

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time Pickup Request from Customer & Pickup Confirmation via smart devices/ apps.

Facility for storing information of warehousing, PDC Pull-out for presentation/ representation, In-vault operations PDC discounting etc.

Support for Local & Correspondent bank collection, unlimited enrichments clearing & liquidations, cheque discounting. Customer wise priority along with Collection and funding limits, as applicable.

Reconciliation between lodgment and collection advice. Support for cash and cheque reconciliation, Manual reconciliation etc .

Support for denomination capture & MIS and levy of charges based on Denomination wise.

1.3.13 Electronic Collections The solution should be capable of interfacing with various electronic

collection/ payment modes both intra/ inter Bank arrangement offering 360 degree solution for effectively managing collection/ receivable/ payable management for corporate customers under Cash management System.

Virtual Account Support: Capability in the solution for Built-in API support for virtual account validation by payment gateway for receivable management. Payment routing for virtual or actual account collection for payment gateway & its reconciliation.

Virtual account support for interbank remittances receivable management by exposing APIs or through file based functionality for updating the receivable management.

Account to account transfer: E-collection from payer having account with Bank. Preapproval for debit from payer using corporate bulk debits.

Inward e-collection: Support for Domestic Fund Transfer from other Banks. Customized Remitter information for account receivable reconciliation.

Real Time Collections: Pre-approved bulk corporate collection. Auto collection request for EMI or Loan Collections and the like. Multiple Virtual Addresses for Customer Hierarchy. Replace cash-on-delivery for Merchants collection.

1.3.14 Collection Pooling Pooling & credit processing based on day arrangement. Auto & scheduled

pooling Guaranteed & on liquidation credit arrangements Division wise, hierarchy wise collection & credit/ debit processing Capability for recoverable management from future collection & net credit

processing 1.3.15 Direct Debit Processing

Auto Retry: Functionality for auto retry based on return reason, retry with intervals, handling exception management etc. for effective utilization of resources for handling receivables.

Centralized Management System: Support for centralized mandate. Support for on & off us mandate. Support for direct debit transaction consolidation & clearing.

Image based mandate: Centralized/ decentralized mandate management and capability to integrate E-mandate/ image based mandates for processing along with integration with Core Banking system, if required, for seamless processing of image based mandates & its authorization by Bank user for authentication/ verification of mandates.

Bulk upload of mandate data for processing the physical/ E-mandates received along with its verification on bulk/ single entry wise by Bank user.

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Auto/ Recurring Direct Debits: Auto Direct Debit Execution of EMI/ Loan Collections and the like. Support for Auto execution based on frequency. Auto execution based on receivable due date.

1.3.16 Payments Versatile unified solution to handle current and future payment/

remittance./ receivable modes of payment system for handling customers requirement of payable/ receivable management.

The solution shall have solution for Instrument based payment option including cheque printing functionality for handling bulk mandates of cheque/ physical instruments based payment to multiple beneficiaries.

1.3.17 Invoice Management Invoice Generation & Reconciliation: Customer/ product specific invoice

presentment along with designer, Drag & Drop option, Preview option, Customizable labels etc to provide enriched MIS or information in Invoice summary to customers/ clients. Support for free text, disclaimer with General Header & non-repeating header.

Invoice Management: Bulk invoice upload & amendments, Invoice write off & cancellation, Virtual account support for invoices, Discount and tax details capture, Support for corporate specific enrichments etc.

Invoice Payment: Full and partial payment of invoice, Online & offline payment reconciliation, B2B and B2C payment, algorithm based auto invoice payment/ generation, Future dated invoice payment, Auto payment retry for invoice due collection for mandate based collection etc.

Invoice Collection: Scheduled collection, Online and offline collection, Full/ Partial/ Rule based collection.

Rule based reconciliation: Global & Customer specific reconciliation rules, exact reconciliation using enrichments, generic reconciliation based on FIFO, LIFO & outstanding amount. Tolerance based reconciliation, De-reconciliation & Consolidated reporting in multiple formats as per Bank’s requirement.

Dispute Management: Late payment deductions setup. Invoice cancellation & write-off. Credit Note & debit notes.

1.3.18 MIS/ Reports/ Analytics/ Notification Instant visibility of business in real time through powerful analytics, pertinent

business dashboards and the unique recommendations. Upload and Download: Data view definition & SQL query based report

configuration. Scheduling of frequency, delivery channel in report scheduler, Scheduler status dashboard, E-mail of standard reports and menu driven report generation.

Report Writer & Scheduler: Consolidations at Customer/ Product level, Pickup Location, Pickup Point, Division, Hierarchy, virtual account sets etc. Customizable narrative based on consolidations set for customer, Multi line narrative support & Virtual account can be part of account narrative.

1.3.19 Security The solution shall be Safe, secure and trusted solution and comply with the

information security compliances mentioned in this RFP and Information security compliance as specified by the Bank from time to time. Further, the bidder shall use solution having authentication method compliant with regulatory guidelines and other industry standards.

Support for integration with Bank’s Fraud and integrated Risk Management. Alerts for account/ client specific threshold breach.

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1.3.20 Other Virtual Accounts: Static and dynamic accounts, Intra/ Inter-company cash

management, Dynamic Virtual Account validation & COBO (collections on behalf).

Local and national Tax compliant including GST. Omni- channel support (anytime, anywhere, any device) Support for Export/ Integration of mandate data with CBS. Support for migration of existing CMS Client/ Mandate/ Transaction/ Returns/

Charges data on CASHIN/ Finacle/ D2K/ External Drive/ etc. onto new software.

Charges calculation and deduction with support for service wise and client-wise customization.

1.3.21 The application shall support for: Migration of the records from current system Maintain work flow process and differential access management based on

user profile Super administrator and local administrator settings Support multi user & multi role functions Maker checker based flow along with verifier in case of high value

transactions which shall be parameterized by admin user through front end Back up management including storing, purging and retrieval of records The system shall be deployed in Banks DC and DR along with the UAT

environment for future enhancements and testing. 1.3.22 The successful bidder shall submit Project plan report and the same shall be

linked to the deliverable & payment schedule under the RFP. The bidder is required to provide onsite project management & governance for the scope of the RFP throughout the tenure of the contract. Project Management activities will be carried out by bidder with support from the Bank as required. The Bidder should follow an industry standard Project Management methodology which has been agreed with the Bank. The Successful Bidder shall develop and implement a governance mechanism to institutionalize and effective approach towards planning and organizing, acquiring and implementing, delivering and supporting and monitoring service performance of the services deployed in bank to support its business requirements and objectives. Bidder need to schedule weekly project review meetings with all stakeholders.

1.3.23 The bidder shall submit a detailed maintenance and support plan document along with resources for the entire currency of the contract. The plan shall be submitted at the completion of UAT by the Bank and UAT payments shall be linked to submission of maintenance & support plan document.

1.3.24 Implementation: The successful bidder shall design the solution architecture considering the licensing requirements for all the functional requirements of OBC. As part of the implementation, the successful bidder shall prepare a project plan and a resource deployment plan for implementation of Cash Management Solution.

1.3.25 Sizing of Infrastructure: The successful bidder is required to provide the sizing for the necessary hardware (Server, Storage, OS and Database etc.), to operationalize the complete Cash Management Solution as proposed in the bid. The Bidder shall confirm/ certify that the hardware sizing offered by them for Cash Management Solution should be adequate to fulfil OBC’s requirement and is as per the Industry best practices.

1.3.26 Successful Bidder need to provide the Server Sizing on the bank’s RC server configuration which shall be shared with the successful bidder. Also, the successful Bidder need to provide the server to application mapping with their

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usage of RAM and Core. The requirement as mentioned in point no. 1.3.26 & 1.3.27 shall be shared within 7 days from the date of issuance of purchase order and any delay may attract the penalty under relevant clauses for initial implementation.

1.3.27 Successful Bidder need to Provide Storage Sizing which is required for DC, DR and Non Production environment, Wherever applicable, the successful bidder should also get the confirmation from the Solution OEM / OSD vendors regarding hardware sizing proposed.

1.3.28 Bidder should consider high availability (active-passive) architecture at primary DC and DR. The proposed hardware sizing must include:

Application server(s) – production environment (at both DC and DR)

Database server(s) – production environment (at both DC and DR)

Web server(s) – production environment (at both DC and DR)

Server(s) for development and testing environment (only at DC)

SAN storage volume at both DC & DR

Any other hardware component required as part of the solution 1.3.29 The successful bidder is also required to submit the details of supporting

hardware/middleware (except server, storage, OS, Database). The bidder shall propose hardware sizing such that at any point in time during the contract period, the CPU utilization should not exceed 70%. In case the Utilization of the Sizing including Storage, Server, CPU, RAM, Memory exceed as per the SLA define the bidder is liable to pay penalty as well as needs to augment the hardware according to the requirement.

1.3.30 The quantity of the hardware components should be as per the solution proposed by the successful bidder. The following considerations need to be taken for sizing:

All the hardware and software to be supplied/ proposed must be IPv4 and IPv6 compliant wherever applicable.

Bidder will be responsible for server, storage and network sizing for the proposed Solution for Bank. The sizing needs to be done based on Bank’s requirements, optimized power usage and scalability.

Compliance to specifications mentioned in the RFP and any regulatory or statutory requirement.

In the event that the proposed sizing is not able to meet the performance standards specified in the RFP, at the time of go live, the successful bidder will be required to augment/ upgrade the hardware & software components in the solution to ensure that the performance requirements are met. The additional hardware equipment & software shall be procured by the successful bidder at no extra cost to OBC.

The Bank’s IT Managed Service Provider will manage the IT Infrastructure at DC & DRC. The bidder is not required to factor in facility management for IT Infrastructure at DC & DRC during the tenure of the contract.

1.3.31 The bidder should be offering end to end product to manage the corporate cash management services life cycle and product spectrum related to Cash/ Instrument based payment/ electronic payment system/ mandates/ SI etc. for payable or receivable management.

1.3.32 The Successful Bidder and the team shall abide by the ISMS framework (ISO 27001:2005/ISO 27001:2013 or any other such framework as deployed at the Bank) of the Bank which includes Incident Management, Change Management, Capacity Management, Configuration Management etc.

Page 16 of 89


1.3.33 The solution or application shall have functionality for parameterizations and configurations for on-boarding of clients, charges, invoicing, MIS frequency etc. which should be available through a web-based interface.

1.3.34 The platform shall have the capability to provide the Web APIs for Bank application or external interface, as applicable.

1.3.35 The platform/ solution shall use various authorization parameters that can be configured for transaction processing depending on Banks requirement.

1.3.36 The solution deployed should provide for automated collection batches, re-attempt batch entries for unsuccessful collections as per mandates, levy of charges as per success or failures, MIS and reporting along with invoicing as per the clients requirements.

1.3.37 The solution should have parameterization based authentication for high value mandates/ debit mandates etc. where additional ‘Verifier’ may be required to authorize the mandate/ transaction considering risk thresholds.

1.3.38 The system should provide a comprehensive Cash Management or Payments Management solution module, through which bank can manage and monitor the CMS business of the bank. The system should allow for bulk user creations at various levels through web-based GUI for Bank user.

1.3.39 The solution shall have comprehensive charges module for effective levy and collection of charges by Debit to the customer’s or clients along with the functionality for invoicing the clients. The solutions shall have the capability to parameterize the charges to be levied both in absolute number as fixed or a percentage basis along with the levy of applicable taxes, GST etc.

1.3.40 The bidder shall provide for all the reconciliation and accounting entries for the transaction as well as charges collected to the Banks Core Banking system. The bidder shall have capability to provide for mandatory periodical regulatory reporting, regulatory reports on demand, MIS for business teams, reconciliation position, management reporting, segmental profitability etc. enabling Bank to handle the product portfolio effectively and in a compliant manner.

1.3.41 The solution should integrate with the Bank’s Data Warehouse system and E-Fraud Risk Management System for Risk based authentications.

1.3.42 The solution should integrate with Bank’s Ancillary infrastructure and interface enabling Contact Centre/ Call Centre, IVR based system and Back-office systems, as per the requirement of the Bank for handling customer queries.

1.3.43 The solution should have system security functionality in terms of user authentication; access management, audit trails and data backup.

1.3.44 The solution should support standard messaging formats including ISO 8583 Web Services (SOAP & REST) and Fixed Length Message format. It should provide for seamless Hardware and Firmware upgrades; Operating System and Middleware upgrades.

1.3.45 The Bidder should provide onsite L1 support at the Bank central office as per the working hours and days of the Bank Cash Management Team.

1.3.46 The solution should also be capable of providing interface/API with the Core Banking System, Mobile/ Internet Banking platform and/or Middleware solution of the Bank, any of the third party systems that the Bank is using currently such as real time electronic funds transfer Applications. The interfacing formats should support all standard options such as ISO 8583, Web Services etc. The solution is required to interface and facilitate the Debits from Core Banking System with maker checker functionality.

1.3.47 The solution should be capable of routing message based electronic fund transfer transactions to Core Banking System.

1.3.48 The solution should be flexible enough to cater Bank’s requirement from time to

time both during Implementation and post‐implementation.

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1.3.49 End to end encryption of sensitive data as per the Bank requirement. The selected vendor has to confirm & certify End-to-end encryption of data from front end branch interface/ mobile/ web interface up to servers outside/ inside the Bank’s environment. Further, Bank mandates for a minimum standard of end-to-end encryption as TLS 2.0 or higher, which has to be ensured, inside and outside the Bank’s environment.

1.3.50 Bidder shall provide Bank with requisite MIS and Reports as per the formats prescribed by the 3rd party auditors, Regulatory bodies, Govt. etc.

1.3.51 The Bidder shall provide extensive training, on its product, to Bank users & conduct Train-The-Trainer program. The training should cover features of hardware, software, communication devices, security devices, interfaces etc.

including hands‐on training and exercises. The training will have to be provided at Bank’s premises or external sites acceptable to Bank, at Bidder’s cost. It should include training on the Operating Systems, Middleware, associated system utilities and other products etc. for a period determined by Bank. The training module should comprise, Schedules as per Bank’s convenience,

sufficient copies of comprehensive material, books and hand‐outs, Copies of video/slide, Courseware meeting Bank’s needs.

1.3.52 With regard to activities under the scope of the bidder in this RFP; the bidder needs to provide a comprehensive training methodology document and the training should cover at least the following areas:

Functionality available in the solution

Customization development

Parameterization

Data Migration

Impact analysis

Auditing techniques

Advanced user training

Advanced trouble shooting techniques

Techniques of generating various MIS reports from the solution provided

Deployment at current branches and new branches

Using of all the auditing tools being provided

Data replication

Developing new audit reports/ tools using the proposed solution

Advanced training on the operating systems, database systems and network systems to be used by the proposed solution

Log analysis and monitoring

Incident analysis and reporting

Training for report writer facility to create new reports and modify existing reports

System and Application administration users

1.3.53 The Scope of Work given in the RFP is only indicative. However, all other scope of work required in mutual consent for success of the system shall be in the scope of vendor.

1.3.54 To implement changes/ customizations as per Bank’s requirement within the overall scope of the product/ solution.

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1.3.55 Bidder should specify to the Bank in advance all the requirements/ provisioning to be done at Bank end for smooth running of the mentioned solution.

1.3.56 Data privacy - Vendor to ensure strict adherence to data privacy as per applicable laws and regulations. Bank may require confirmation from vendor of the same from time to time and should be allowed to perform an audit for the same.

1.3.57 Data Security - Vendor to implement all the practices and systems required for data security of OBC clients. In case of a breach vendor to be responsible and Bank need to be indemnified.

1.3.58 The bidder must provide the technology upgrade to the Bank from time to time and certify that the technology or platform or solution being deployed is up to date.

1.7. Service Level Agreement & Contracting

1.7.1. The successful bidder shall be required to execute a comprehensive, definitive Service Level Agreement (SLA) with the Bank covering all terms and conditions of this RFP within 60 days from the date of issuance of PO or before Go-Live, whichever is earlier.

1.7.2. SLA shall cover performance and availability of the solution deployed. The performance of successful bidder empanelled as vendor shall be reviewed every quarter and the Bank reserves the right to terminate the contract at its sole discretion by giving three months’ notice without assigning any reasons.

1.7.3. The SLA for the project shall be broadly categorized as under:

Implementation of the solution for Cash Management Services or payments management service for the comprehensive module as indicated in the scope of work.

SLA for composite solution for Cash management solution & its performance standards

Maintenance & upkeep of the system along with time to time upgradation.

Maintenance & upkeep of the application along with required security updates, upgradation etc. to match up the performance requirements

Uptime and performance requirements

Successful bidder shall ensure routine monitoring of application & hardware to ensure that bidder shall meet the requirement of Bank’s business team & performance standards

1.7.4. The uptime requirement for the solution (including any component that can potentially lead to discontinuity in the processing of any transaction) is 99.9% calculated on a monthly basis. This will be governed by a ceiling of not more than 30 minutes for every occasion of outage.

1.7.5. The bidder should guarantee > 99% uptime of applications.

1.7.6. The MIS is to be submitted on a weekly basis and / or at the periodicity required by the bank. MIS reports on an adhoc basis should be provided as and when required by the bank. The regular MIS must be generated in an automated manner, i.e. without manual intervention in data input, aggregation or formatting. All new MIS requirement should be automated within a month’s time of intimation by the Bank.

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1.7.7. Any fault / issue / defect / failure intimated by Bank through any mode of communication like call / e-mail / fax etc. are to be acted upon, so as to adhere to the service levels. The bidder shall also provide the Bank for web-based user dashboard or application for lodging the issues for resolution.

1.7.8. Defective equipment / software shall be replaced by the Vendor at his own cost, including the cost of transport, if any.

1.7.9. If any component supplied by the Vendor is inoperative which renders the entire system useless, then it will be treated as system downtime.

1.7.10. Uptime: - Annual uptime commitment for the servers should be 99.5%.

1.7.11. Following are the requirements related to managing the service levels to be maintained in providing such services and the monitoring mechanism shall be through “Event Monitoring System”(EMS)

S.No. Metric Hours

Availability

Baseline

Performance

Details Penalty (to be

reviewed on Quarterly

basis)

1. System

Availability-

Uptime

availability of

systems

including all

associated

services.

24 x 7

99.99%

Measured

Daily

Calculated

Monthly

For each 0.25%

drop in availability,

impose a penalty of

1% of Quarterly

Payment.

For every further

drop of 0.25% in the

uptime, the penalty

amount will be

doubled.

2. Average

transaction

response

time- This is

the time

taken from

submission of

any request

by end-user –

to - response

of the request

to the end-

user

24 X 7

Average

response time

< 10 ms

Sample each

event

averaged for

half hour

Measured

daily

Calculated

monthly

0.50% of Quarterly

Payment.

For every further

delay of 2 ms in the

response time, the

penalty amount will

be doubled.

3. Incident

Management

Services

24 X 7 Call tickets per

month

resolved within

the time lines

divided by the

total number of

call tickets per

Measured

monthly

Severity 1-

99.9%, every drop

of 0.25% penalty will

be ₹50,000

Severity 2-

99%, every drop of

0.25% penalty will

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month be ₹35,000

Severity 3- 98%,

every drop of 0.25%

penalty will be

₹25,000

4. Hardware

Utilization

24 X 7 if Hardware

daily peak

utilization

levels of

CPU,RAM,NIC

and hard disk

etc. exceeds

70% at any

given point of

time during

business hours

Measured

monthly

99%, each .5 %

drop in service level,

penalty shall be

₹50,000

5 Storage

Utilization

24 x 7 If any point of

time during

Contract

period is

storage sizing

provided by

bidder cross

70% utilization

Measured

monthly

100% to be

maintain, each 0.5%

drop in service level,

penalty shall be

₹50,000

6 Patch

management

24 X 7 All the

regulatory and

security Issues

patches to be

implemented

Measured

monthly

Dividing the

total number

of successful

closure of

change

request

tickets by the

total number

of change

request

tickets raised

in the

Helpdesk tool

99.00%, For each

0.5% drop in service

level, penalty shall

be ₹50,000

Note: The successful bidder shall not be penalized for those service level breaches that occur due to any reason (beyond the control of the successful bidder). However, the bidder is required to maintain a log of such events and also inform the bank about any such event.

1.7.12. The Bidder shall provide Availability Report on monthly basis and a review shall be conducted based on this report. A monthly report shall be provided to the Bank at the end of last month containing the summary of all incidents

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reported, TAT for resolution and associated Bidder performance measurement for that period.

1.7.13. Performance measurements would be accessed through audits or reports, as appropriate to be provided by the Bidder e.g. utilization reports, response time measurements reports, etc. The tools/solutions to perform the audit will need to be provided by the Bidder. Audits will normally be done on regular basis or as required by Bank and will be performed by Bank or Bank appointed third party agencies.

1.7.14. The percentage of uptime shall be calculated monthly and the amount calculated shall be adjusted from every subsequent quarterly payment. The SLA charges will be subject to an overall cap of 10% of the Monthly Maintenance Charges and thereafter, Bank has the discretion to cancel the contract. If the vendor fails to meet an uptime of 99.99% for three (3) consecutive months, the Bank shall have the discretion to terminate the contract.

1.7.15. Penalty for Downtime: At the end of every year, performance of the vendor would be evaluated based on the total accumulated downtime occurred during the year. For the purpose of such evaluation, annual cumulative downtime beyond 0.5% (i.e. downtime beyond 43.8 hours) would attract a penalty of 1% of the purchase order value for each and every instance of downtime, subject to a maximum annual penalty of 10% of the purchase order value. All such accumulated deductions would be recovered from the payments / Performance Bank Guarantee (PBG).

1.7.16. Penalty for Resolution Time Violation: In case of any breakdown system software etc., the relevant defect should be resolved as per detail given below:

Description Resolution Time Penalty

From the time of reporting the request/issue/complain through phone call/email/web based call logging portal]

Failing to meet the resolution time, penalty for delay in performance delivery (resolution time violation) will be levied] [The maximum penalty on account of this will be 10% of the purchase order value]

Any replacement/ configuration activity which is required due to breakdown of system or degraded performance impacting business or unavailability of data

4 hours 0.5% of the purchase order value for every 2 hours and part thereof beyond stated resolution time.

Any configuration activity which is required for regular administration or performance tuning, as and when required by the Bank


Replacement of such part which does not impact performance & availability of systems


Firmware/Microcode/Software upgrades

3 Business Days ₹1,00,000/- for every day delay beyond stated resolution time.

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1.7.17. Root Cause Analysis (RCA) faced for any issues related to supplied application ,

software etc. must be provided by within 3 Business Days by Principal/ OSD.

1.7.18. Bank shall reserve the right to perform root cause analysis (RCA) by its internal team(s) or engage external parties to perform the same. The successful bidder shall cooperate with the team performing the procedures. Decision taken by bank for RCA performed shall be final.

1.7.1. The bidder should commit to provide services for implementation, roll-out, support, maintenance etc. for a minimum period of 5 years. Continuing the services beyond 5 years is at the sole discretion of the Bank wherein Bank can extend the period by two (2) year in a block of one (1) year each subject to satisfactory performance. The bidder should provide all necessary support to the Bank for migration to a new platform or system (irrespective of the operating model and service partner opted for by the Bank) at the end of the contract at no additional cost to the Bank.

1.7.2. Further, Bank reserves the right to renew the contract after the expiry of the initial term & any extension on same terms and conditions and cost.

1.7.3. In case of any takeover/ merger etc. the bidder company shall inform the Bank within 15 days of takeover/ merger in the form of written notice.

1.7.4. Bank requires the Vendor to provide reports on “Business Downtime” and a log of all issues that have been raised and Closed/ Pending Closure by the Vendor. The frequency of the report would be Weekly, Monthly, Quarterly and Yearly.

1.7.5. The successful bidder shall ensure that the stipulated Support and maintenance facilities on the application/ software etc. for CMS will be available for a minimum period of 7 years. The successful bidder shall constantly update Bank on new technologies that could prove cost effective.

1.7.6. The Vendor is expected to provide an application for logging issues. It should have an audit trail and updating functionalities and preferably have role based access for the users. Bank should be able to retrieve the details of any issue logged and get the complete history of the issue including the enterer, date of entry, date and details of the solution, re-opened date with remarks etc.

1.7.7. In the event of default or degradation of service level efficiency or deficiency in performance or non-compliance of SLA or any such event, the Bank would provide 30 days notice to the vendor to rectify / correct the said event of default. If selected vendor fails to rectify the said default within the said period the Bank is entitled to cancel the contract of the selected bidder by giving 7 days notice. In such an event, the vendor shall be liable to indemnify the Bank for loss and damages incurred/ to be incurred or suffered / to be suffered by the Bank. The Bank is also entitled to get the remaining contract get executed by another party and the vendor ( whose contract is terminated) is liable to make good the additional expenditure, cost, damage, if any which the Bank may have to incur to carry out for execution of the balance contract. In addition to the above, Bank is entitled to invoke the Performance Bank Guarantee or forfeit the security deposit given by the selected bidder towards non performance / non compliance of the terms and conditions of the contract mentioned under this RFP/ SLAs executed, as applicable.

1.7.8. Customization & further developments: Subsequent to Go-live of the application, the vendor shall have to comply with all upcoming mandates and other guidelines from Regulator, Ministry of Finance, GOI etc. 7Any development

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required for such compliance will be at no additional cost to the Bank. The Bank may from time to time and depending on business / operational requirements seek to implement functionalities that are already possessed by the application but not implemented by the Bank at the time of solution. Such implementation will be carried out by the vendor at no additional cost to the Bank, up to a maximum of 200 man-days every service year. Any other change required by the Bank may be implemented by the successful bidder at a negotiated consideration that is mutually agreeable to both the Bank and the vendor.

1.7.9. Overall liability of the Bidder

The bidder’s aggregate liability in connection with obligations undertaken as a

part of the project regardless of the form or nature of the action giving rise to

such liability (whether in contract, tort or otherwise), shall be at actuals and

limited to the TCO. The bidder’s liability in case of claims against OBC resulting

from wilful misconduct or gross negligence of the bidder, its employees and

subcontractors or from infringement of patents, trademarks, copyrights or such

other intellectual property rights, breach of confidentiality, or violation of any

legal, regulatory, statutory obligations shall be unlimited.

1.7.10. Penalties for Delayed Implementation

The successful bidder should complete the responsibilities that have been

assigned on time.

As a deterrent for delays during implementation, Bank may levy penalties for

delays attributable to the bidder or the participating entities.

The solution installation along with the Initial Acceptance Test should be

completed within a period of 3 months from the date of award of the contract or

issuance of the purchase order and complete Go-Live movement. For the

migration additional 2 months time shall be provided from the date of Go-Live.

One percent of the implementation cost would be levied as a Penalty for

delay of every week or part thereof in implementation, which would include

customization related requirements.

• A cap of 10% of the implementation cost would be applicable as penalties for

delays in implementation. Once the maximum is reached, Bank may consider

termination of contract pursuant to the conditions of contract and Bank may claim

liquidated damages will be claimed as detailed in Clause 6.5 & 6.6.

1.7.11. Penalties for Service Deterioration

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

The inability of the vendor to provide the requirements per the scope or to meet the deadlines as specified would be treated as breach of contract and invokes the Penalty Clause.

Overall cap for all the penalties for a particular year shall be limited to 20% of the value of the total contract for the said year. The Bank may, however, invoke the PBG of the bidder above the aforementioned overall cap on penalties in case the performance of the bidder is not found satisfactory under the contract.

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If the failure of any component leads to business downtime more than thrice within a span of six months, the vendor is expected to replace the component / equipment/ upgrade the application or solution at its own cost.

The applicable “Penalties” would be the same irrespective of the root causes.

1.8. Information Security Compliance & Confirmation

The vendor shall take all efforts to ensure compliance to the information security

and data security, which may broadly be summarized as under:

The bidder shall ensure that the solution is compliant to the latest standards

and mandate by Regulatory bodies etc. at no cost to the Bank.

The solution should have capability to collect, aggregate and transmit

transactions received through any connecting media.

The Bidder should provide for Transaction Monitoring reports along with

interfacing with the Fraud Monitoring solution of the Bank, if required by the

Bank.

The bidder shall ensure & support for hardening of servers, compliance to TLS

1.2 & above, PCI-DSS compliance as specified by Bank from time to time.

Ensuring that the solution provided is end to end safe & secure.

The offered solution should have built in feature of encryption and protection

from MIMA (Man-In-Middle-Attack).

Customer information shared by the Bank for customer identification shall be

encrypted at Rest. Further, all data as per the extent of this RFP shall be

encrypted at rest or motion.

The vendor should submit the certificate to the Bank that their application is

developed as per OWSAP Top 2018 guidelines and is free from bugs or errors

VA/PT/DLA infra audits if deployed for the Bank (as applicable)

Vendor shall comply with the Bank’s information or cyber security guidelines or

any other guidelines issued by Reserve Bank of India.

Background check certificate of the teams deployed, if any at Bank’s end

should be submitted to Bank.

All functionality and security testing with the Bank systems shall be undertaken

by the Bank team in coordination with Bidder and other related Bank vendors.

The Bidder shall fix all the vulnerabilities assigned to their system.

Accounting & Reconciliation of the transaction as applicable shall be done by

the vendor in co-ordination with Bank’s team.

Bank shall reserve the right to audit the vendor application through any third

party auditor or by any regulator etc.

The bidder shall scope for Production, DR & UAT environment which shall be

installed in Bank’s DR & DC environments along with requisite manpower &

defined processes for upkeep, maintenance & performance monitoring.

The application shall be installed at Bank’s DC & DR environment.

Bidder must ensure that the sensitive data (such as password, financial

information, biometric information, personal information etc.) shared by the

Bank will be kept within the geographical boundaries of India.

Bidder shall ensure that application/software/future upgrades being offered do

not contain any kind of malicious code such as Viruses, Trojan and Spyware

that would obstruct desired function of hardware/ software, cause physical

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damage to the users equipments, tap the information regarding network, users

and information stored on the network of the Bank or in its CBS Platform or

otherwise or Culminate into software attack, theft of intellectual property rights,

identity theft, theft of equipment or information, sabotage & information

extortion;

Successful bidder shall be responsible for compliance of VA/PT requirements

raised by Bank from time and time; in case of any upgrade of Hardware, OS,

DB, middleware etc., as provided by the Bank, bidder shall be responsible for

ensuring proper updation/ implementation and ensuring the application

performance is maintained as per Bank’s requirement.

Bidder shall ensure that access to UAT environment is taken from Bank’s

premises only at all times for any installation, maintenance or upgradation.

The Bidder should submit a certificate to the Bank that data is accessible from

the specific or white-listed ports only and all other non-relevant ports have been

closed/ disabled.

Bank may specify various information security related compliances & audits as prescribed by Bank’s Information Security teams, Regulator, Government bodies etc. for which bidder shall respond & support for effective compliance of the guidelines or compliance terms.

1.9. RFP for Respondent only

1.9.1. This RFP document is intended solely for the information of the party to whom it is issued (“the Recipient” or “the Respondent” or “the Bidder”) and no other person or organization.

1.10. Confidentiality

1.10.1. This RFP document is confidential and is not to be disclosed, reproduced, transmitted, or made available by the bidder to any other person. This RFP document is provided to the bidder on the basis of the undertaking of confidentiality given by the bidder to the Bank. The Bank may update or revise the RFP document or any part of it. The Recipient accepts that any such revised or amended document will be subject to the same confidentiality undertaking.

1.10.2. The Recipient will not disclose or discuss the contents of the RFP document with any officer, employee, Vendor, director, agent, or other person associated or affiliated in any way with the Bank or any of its customers or suppliers without the prior written consent of the Bank.

1.10.3. Unauthorized disclosure of any such confidential information will amount to breach of contractual terms and in such cases Bank may pre-maturely terminate the contract and initiate any legal action as deemed fit.

1.11. Disclaimer 1.11.1. Subject to any law to the contrary, and to the maximum extent permitted by

law, the Bank and its directors, officers, employees, contractors, representatives, agents, and advisers disclaim all liability from any loss, claim, expense (including, without limitation, any legal fees, costs, charges, demands, actions, liabilities, expenses or disbursements incurred therein or incidental thereto) or damage, (whether foreseeable or not) (“Losses”) suffered by any person acting on or refraining from acting because of any presumptions or information (whether oral or written and whether express or implied), including forecasts, statements, estimates, or projections contained in this RFP document or conduct ancillary to it whether or not the Losses arises in connection with any ignorance, negligence, inattention, casualness, disregard, omission, default,

Page 26 of 89


lack of care, immature information, falsification or misrepresentation on the part of the Bank or any of its directors, officers, employees, contractors, representatives, agents, or advisers.

1.12. Costs Borne by Respondents 1.12.1. All costs and expenses (whether in terms of time or money) incurred by the

Recipient / Respondent / Bidder in any way associated with the development, preparation and submission of responses, including but not limited to attendance at meetings, discussions, demonstrations, etc. and providing any additional information required by the Bank, will be borne entirely and exclusively by the Recipient / Respondent / Bidder.

1.13. No Legal Relationship

1.13.1. No binding legal relationship will exist between any of the Recipients / Respondents/ Bidders and the Bank until execution of a contractual agreement to the full satisfaction of the Bank.

1.14. Recipient Obligation to Inform Itself

1.14.1. The Recipient/ Respondent/ Bidder must apply its own care, conduct, investigation and analysis regarding any information contained in the RFP document and the meaning and impact of that information.

1.15. Evaluation of Offers

1.15.1. Each Recipient/ Respondent/ Bidder acknowledges and accepts that the Bank may, in its sole and absolute discretion, apply whatever criteria it deems appropriate in the selection of organizations, not limited to those selection criteria set out in this RFP document.

1.15.2. The issuance of RFP document is merely an invitation to offer and must not be construed as any agreement or contract or arrangement nor would it be construed as any investigation or review carried out by a Recipient/ Respondent/ Bidder. The Recipient/ Respondent/ Bidder unconditionally acknowledges by submitting its response to this RFP document that it has not relied on any idea, information, statement, representation, or warranty given in this RFP document.

1.16. Errors and Omissions

1.16.1. Each Recipient/ Respondent/ Bidder should notify the Bank of any error, fault, omission, or discrepancy found in this RFP document but not later than last date of receiving clarifications as specified in the RFP.

1.17. Standards

1.17.1. All standards to be followed will adhere to Bureau of Indian Standards (BIS) specifications or other acceptable standards

1.18. Acceptance of Terms: A Recipient/ Respondent/ Bidder will, by responding to the Bank’s RFP document, be deemed to have accepted the terms as stated in this RFP document.

1.19. Selection Process

1.19.1. Selection of a bidder for will involve a five (5) stage approach.

Issue of Pre-bid Receipt of Evaluation Award of RFP Meeting RFP bids of bids Contract

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2. GENERAL ELIGIBILITY CRITERIA

The bidder is required to conform to the following eligibility criteria in Yes/No. TABLE No. 1

S.N Criteria (Proof to be submitted)

1.

The Bidder should be a company incorporated in India and should have been in operation for a period of at-least 3 years in India as on date of the RFP.

Certified copy of Certificate of Incorporation in case of a private limited company and Certificate of Commencement of Business in case of a public limited company.

2.

The Bidder should have completed atleast 1 (one) successful implementation and presently live for software application for Cash Management Services (CMS) for payable management & receivable management in atleast one Bank..

The Bidder should submit a certificate issued by the respective Bank for the same.

3.

Bidder should be Principal/ Original Software Developer (OSD) or as Authorized System Integrator for Principal/ OSD and must be in business of providing Cash Management System at least for last 3 years.*

Documentary Proof along with undertaking to be submitted. In case of Authorised System Integrator (SI) participate in the bid, then letter from Principal/ OSD certifying the SI as authorized partner for solution implementation to be submitted.

4. The bidder must be a non-Bank promoted entity. A declaration to this effect has to be submitted by the Bidder.

5.

The Bidder should not have been blacklisted by any Govt. / Govt. Agency /Bank(s) / Financial Institutions in India or overseas in the last five years.

The Bidder has to submit self-certification on its letter head.

6.

The Bidder should have minimum annual turnover of INR 10 Crores or more during each of previous 3 financial years i.e. As on 31.03.2016, 31.03.2017 & 31.03.2018.

Copies of audited financial statements for the previous 3 years to be submitted.

7. The Bidder should have a positive net worth** for the previous 3 financial years i.e. As on 31.03.2016, 31.03.2017 & 31.03.2018.

Copies of audited financial statements for the previous 3 years to be submitted along with a CA certificate to this effect.

8.

At least 1 of the functionality i.e. Receivable

Management, Payables Management & Cheque

Printing solution (remote) of the proposed Cash

Management Solution should have been

implemented in at least 1 scheduled Commercial

Bank in India.

The Bidder should submit a certificate issued by the respective Bank for the same with the information of module implemented.

9.

Bidder should have direct support offices in Delhi

/ NCR. In case direct support office of the bidder

is not present in Delhi / NCR, then an undertaking

to be provided by the Bidder stating that direct

support would be provided by the bidder at Delhi /

A declaration to this effect has to be submitted by the Bidder on its letter head.

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S.N Criteria (Proof to be submitted)

NCR whenever desired by the Bank.

10.

The bidder shouldn’t have any security incident or information security incident assigned to their hosted or deployed system in last 3 years of operation.

A declaration to this effect has to be submitted by the Bidder on its letter head. Bank may at its discretion require specific certificate at a later date from concerned Banks/ FI/ Authorized Dealers to this effect.

11.

The Bidder to provide information that any of its subsidiary or associate or holding company or companies having common director/s or companies in the same group of promoters/management or partnership firms/LLPs having common partners has not participated in the bid process.

Letter of confirmation from bidder.

12.

The Bidder to provide an undertaking on his letter head that all the technical features highlighted as part of Technical Scope are covered in totality in the proposal submitted by the bidder.

Letter of confirmation from Bidder

13.

The bidder has to submit Integrity Pact (IP) signed by authorized signatory as prescribed format mentioned in Annexures on plain paper in advance (not prior to issuance of RFP) or at the time of bid submission. Bidder shall be liable for rejection in case of non-submission of the same.

Integrity Pact (IP) as per Annexure

*(Either the Bidder on behalf of Principal/OSD or Principal/OSD itself is allowed to Bid, however both cannot bid simultaneously. If any Bidder/ agent submits Bid on behalf of Principal/OSD, the same Bidder shall not submit a Bid on behalf of another Principal/OSD under the RFP) **Networth is to be calculated as: Capital Funds (Paid up Equity Capital + Paid up preference Shares + Free Reserve) – (Accumulated Balance of loss + Balance of deferred revenue expenditure + Other intangible assets) Note: Bidder must comply with all above-mentioned criteria. Non-compliance of any of the criteria will entail rejection of the offer summarily. Photocopies of relevant documents / certificates should be submitted as proof in support of the claims made. Oriental Bank of Commerce reserves the right to verify /evaluate the claims made by the bidder independently or by virtue of a third party. Any decision of Oriental Bank of Commerce in this regard shall be final, conclusive and binding upon the bidders. Public sector / scheduled commercial banks refer to Public sector / scheduled commercial Banks in India only. Once the bidders qualify the eligibility criteria, they will be eligible for the evaluation of Technical eligibility criteria. Offers received from the bidders who do not fulfil all or any of the above eligibility criteria are liable to be rejected.

Bank reserves the right to disqualify Technical and Commercial Bids not complying with the above requirements.

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Eligibility for Principal/ OSD (in Case bid is submitted by authorized System Integrator) (TABLE NO. 2)

S.No. OSD’s Eligibility Criteria Supporting Documents

1 The OSD Vendor should be a

Government Organization/ PSU/ or a

Limited Company/ Private Limited

Company under Companies Act

1956/2013, India.

Certificate of Incorporation/

Certificate of commencement of

business.

2 The OSD Vendor should have been in

existence in India for a minimum period

of 3 years.

Certificate of Incorporation/

Certificate of commencement of

business.

3 The OSD Vendor should not have been

black-listed by any Public Sector Bank,

RBI/ NHB or IBA as on date of RFP

submission. Bidder must certify to that

effect.

Undertaking from the OSD on the

OEM’s letter head.

3. TECHNICAL ELIGIBILITY CRITERIA

The bidder is required to conform to the following eligibility criteria in Yes/No.

TABLE No. 3

S.N Criteria Compliance (Yes/ No) with supporting documents

1.

The bidder must submit a certificate of Principal/ OSD or Self-Certificate (in case bid is submitted by Principal/ OSD) that combination of operating system and proposed middleware is compatible with the CMS solution offered.

A Certificate to this effect has to be submitted by the Bidder.

2.

The successful bidder shall provide requirement for all necessary "System" or “Equipment” for Cash Management System (CMS) and its all related and necessary peripherals including the hardware required for Cash Management Software solution, which should work together to provide the Services as mentioned in the Bid.


3. The proposed solution should be 100% Software defined and without any dependency on proprietary hardware.


4. The solution & configuration shall provide the capability to define & change storage policies.


5. The solution & configuration should deliver zero data loss in case of disk, host or network failure.


6.

The solution configuration offered should support checksum of data to ensure data integrity & to enable automatic detection and resolution of silent disk errors.


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7.

The solution & configuration should provide enterprise data services such as compression completely in software without dependence on any proprietary hardware.


8. The proposed solution must be scoped as having scalable storage and compute as and when needed by the Bank.


9. All software licenses for enabling the above must be part of and configured for the overall solution.


10. The solution shall have capability to process concurrent users at various level of usage.


11. The solution shall be provisioned for TPS of 100 with scalability provision of 25% incremental processing load annually.


Bank reserves the right to conduct presentation of the eligible bidders as per evaluation of General & technical eligibility criteria for solution design, architecture, functionality, implementation methodology and implementation plan.

If required, then Bidders shall also facilitate the calls/ visits, if any, required by the Bank of the reference sites mentioned in General eligibility criteria.

4. BIDDING PROCESS

Bidders who wish to participate in online tenders will have to register with the website

(https://www.tenderwizard.com/OBC) through the "New user Registration" link provided

on the home page. Bidder will create login id & password on their own in registration

process.

FACILITIES TO BE PROVIDED TO REGISTERED BIDDERS/ VENDORS BY THE

SERVICE PROVIDER M/s Antares Systems Ltd.:

The following facilities shall be provided to the vendors registered for participating in

the e-tendering process by our service provider

a) Support to the Bidders for participating in the bids through e-tendering Website. b) Call center support/ email/ phone/ fax/ chat / mobile etc. in all possible medium. c) Registration with the e-tendering website. d) User Manual / Training Kit to the Bidder. e) Any no. of users of Vendor/ Contractor organization can take support on the e-

tendering system. f) Bidder who wish to participate in this tender need to procure Digital Signature

Certificate (for Signing and Encryption) as per Information Technology Act-2000

and CVC guidelines using that they can digitally sign their electronic bids. Bidders

can procure the same from any of the CCA approved certifying agencies, or they

may contact M/s Antares Systems Ltd. at below mentioned address and they will

https://www.tenderwizard.com/OBC

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assist them in procuring the same. Bidders who already have a valid Digital

Signature Certificate need not to procure the same. In case bidders need any

clarification regarding online participation, they can contact-

Antares Systems Ltd. Registered Office at: #24, Sudha Complex, 3rd Stage, 4th Block, Bangalore – 560079. Ph: - 080-49352000 / 40482000 Fax: - 080-49352034 Email : [email protected] Website : http://www.antaressystems.com Help Desk: Contact Person: Mr. Sachin Mobile no. 09555926408 / 080-4935-2000 (On working days-9 hours–18 hours) e-mail: [email protected]

g) Bidders who wish to participate in e-Tender need to fill data in predefined forms of RFP, Technical, Price bid available in respective tender only.

h) Bidder should upload scanned copies of reference documents in support of their eligibility of the bid and as per the instructions given in tender documents

i) After filling data in predefined forms bidders need to click on final submission link to

submit their bid.

The complete details of Tender can also be downloaded which are available on Bank’s

website www.obcindia.co.in under tenders section and


4.1. E-Tendering

4.1.1. This Tender will follow e-Tendering process [e-bids] as under which will be conducted by Bank’s authorized e-Tendering Service Provider M/s Antares Systems Ltd. through Website https://www.tenderwizard.com/OBC

4.1.2. Following activities will be conducted online through above website:

Submission of Technical Bid & Commercial Bid by the Vendor

Opening of Technical Bid & Commercial Bid by the Bank

Clarification, if any, sought by the Bank.

Representatives of Vendors will be given training for e-Tendering by the Service Provider, Antares Systems Ltd.

4.2. Downloading of RFP Document

4.2.1. The interested eligible bidder may download the RFP document from the Bank’s website, i.e., http://www.obcindia.co.in, https://www.tenderwizard.com/OBC.

4.3. Due Diligence

4.3.1. The bidder is expected to examine all instructions, forms, terms, conditions and specifications in this RFP. Bid shall be deemed to have been made after careful study and examination of this RFP with full understanding of its implications. The bid should be precise, complete and strictly in the prescribed format as per the requirement of this RFP. Failure to furnish all information required by this RFP or submission of a bid not as per this RFP will be at the bidder’s risk and

http://www.antaressystems.com/




http://www.obcindia.co.in/


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shall result in rejection of the bid and the decision of the Bank in this regard will be final, conclusive and binding.

4.4. Submission of Bid

Bidders need to submit their quotation through online mode only at Bank’s e -Tendering portal https://www.tenderwizard.com/OBC. A bidder can submit only one bid.

4.5. Two Stage Bidding Process

The bidder will submit bid in two parts separately– “The Technical Bid” and “The Commercial Bid”. The technical and commercial bids shall be submitted online but the supporting documents referred to in this RFP are required to be submitted to the Bank in physical form as mentioned in the following paragraphs.

4.5.1. Technical Bid will contain the details as required in the Eligibility criteria, along with the documentary evidence, and other documents related to the bid, whereas the Commercial Bid will contain the pricing details. In the first stage, only the Technical Bids will be opened online and evaluated as per the criterion determined by the Bank. Bank may at its discretion invite the bidders for presentation before the Evaluation committee of the Bank. Those bidders satisfying the technical requirements as determined by the Bank and have submitted EMD and Bid participation fee as mentioned in RFP, shall be short-listed for submitting their Commercial Bid. The L-1 bidder shall be decided on the basis of the Commercial Evaluation of Technically qualified bidders.

4.5.2. Bidders have to submit all the documents as mentioned in technical bid with participation fee and EMD in a sealed envelope to the Digital Banking Department before closing date and time of the bid, failing which the online bid may not be considered.

4.6. Technical/Commercial Bid Essentials

4.6.1. The Technical Bid must contain the following:

Online

1. Bidder’s Details 2. Details of Bidders official address and Financial statements 3. Bidder’s Eligibility Criteria compliance 4. Undertaking by Bidder 5. Letter of authority for participation in reverse auction 6. DD for Participation Fee & DD/PBG for EMD 7. Pre-contract Integrity Pact

Physical Documents:

1. Format of Tender Offer Cover Letter (Annexure I ) 2. Compliance of the Terms & Conditions (Annexure II ) 3. Bidders Details (Annexure III) 4. Confirmation of Eligibility Criteria (Annexure IV) 5. Undertaking by Bidders/ OEM (Annexure VI, VII & X, as applicable) 6. Self Declaration for not being blacklisted/ having any dispute (Annexure XI) 7. Demand Draft towards participation fee & Demand Draft / Bank Guarantee

towards EMD. 8. Letter authorizing representing executive(s) (Annexure XII)


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9. Letter of authority for participation in Reverse auction (Annexure XIV & XV) 10. Pre-contract Integrity Pact (Annexure XVII) 11. Bidder’s Eligibility Criteria & Technical Bid compliance:

I. Documentary Proof for Constitution II. Documentary proof for existence of the bidder for 3 years.

III. Audited Financial Statements for past 3 years. IV. A documentary proof order/contract copy of implementation of the solution in

other Bank(s). V. All the Certificates, documentary proof & self declarations etc. as sought in

Eligibility criteria or Technical eligibility criteria.

4.6.2. Commercial Bid shall be submitted through online mode only.

4.7. Opening of Bids

Bids received within the prescribed closing date and time will be opened in presence of bidders’ representatives who choose to attend the opening of the tender on the specified date and time as mentioned in the tender document. The bidder’s representatives present shall sign a register of attendance and minutes and they should be authorized by their respective companies to do so. A copy of the authorization letter should be brought for the bank to verify. The bids shall proceed in 3 phases. In Phase 1, the Technical Bid will be opened as per the schedule given in the RFP by Bid Opening Committee of the Bank appointed for the purpose in the presence of bidder(s) who choose to attend the meeting and sign a register evidencing their attendance. However, the technical bid will be evaluated only for the bidders who satisfy all the eligibility criteria. Bidders who do not qualify the eligibility criteria will not be considered as eligible and technically qualified. In Phase 2, Commercial Bids of only bidders who meet the eligibility Criteria and stands technically qualified shall be opened in the presence of bidders’ representatives who choose to attend, at the time, on the date, and at the place that will be communicated to them. The bidders’ representatives who are present shall sign a register evidencing their attendance. In Phase 3, the commercial bid opening shall be followed by Reverse auction as per the terms & conditions laid out by the Bank. The Bidder with Lowest TCO will be declared the successful bidder. The bidders’ names, bid modifications or withdrawals, bid prices, discounts, and the presence or absence of the requisite bid security and such other details as the bank, at its discretion, may consider appropriate, will be announced at the commercial bid opening. Bank reserves the right to take the services of any one or more external agencies for total evaluation of the proposal submitted by the bidder. However, the final decisive parameters would be at the sole discretion of the bank and the bank is not liable to disclose either the criteria or the evaluation report/ reasoning to the bidder(s).

4.8. Cost of Bidding 4.8.1. The bidder shall bear all costs associated with the preparation and submission

of its bid and the Bank will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

4.9. Normalization of Bids

The Bank will go through a process of normalization of the bids to the extent possible and feasible to ensure that bidders are more or less on the same ground.

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After the normalization process, if the Bank feels that such normalization has a bearing on the commercial bid; the Bank may at its discretion ask all the shortlisted bidders to resubmit the updated commercial bid for scrutiny.

The Bank can repeat this normalization process at every stage of eligibility evaluation till the Bank is reasonably satisfied. The bidders agree that they have no reservation or objection to the normalization process and all the short listed bidders will, by responding to this RFP, agree to participate in the normalization process

and extend their co‐operation to the Bank during this process. The bidders, by submitting the response to this RFP, agree to the process and conditions of the normalization process. Any non-compliance to the normalization process may result in disqualification of the concerned bidder.

Bank may call for any clarifications/ additional particulars required, if any, on the commercial bids submitted. The bidder has to submit the clarifications/ additional particulars in writing within the specified date and time.

The bidder’s offer may be disqualified, if the clarifications/ additional particulars sought are not submitted within the specified date and time. Bank reserves the right to call for presentation(s), product walkthroughs, on the features of the solution offered etc., from the bidders based on the technical bids submitted by them. OBC also reserves the right to conduct reference site visits at the bidder’s client sites. Based upon the final eligibility scoring, short listing would be made of the eligible bidders for final commercial bidding.

4.10. Late Bids

4.10.1. Since bidding will be online the bidder will not be able to upload/ submit their bids after the specified time on last date of bid submission.

4.11. Rejection of Bids

The bank reserves the right to reject any or all the bids or scrap the bidding process at any stage without assigning any reason. The Earnest Money Deposits in such event will be returned by the bank. However, the participation fee will not be refunded.

4.12. Clarifications of RFP

4.12.1. A prospective bidder requiring clarification on any point mentioned in the RFP may notify the Bank in writing by mail/fax/e-mail in the format mentioned in Annexure at the address indicated below:

Dy General Manager Digital Banking Department Oriental Bank of Commerce, Corporate Office, 4th Floor, Plot No.5, Institutional Area, Sector-32, Gurugram – 122 001 Phone: 0124-4126167 & 0124-4176935 E-mail: [email protected]

4.13. Pre-bid Queries

4.13.1. The prospective bidders may mail their queries through e-mail on [email protected] on or before 19.02.2019 by 1700 hrs.

4.13.2. The Bank shall hold a pre-bid meeting at 1500 hrs on 20.02.2019 at Corporate Office, Oriental Bank of Commerce, Plot No. 5, Sector 32, Gurugram to clarify the queries raised by the bidders received up to



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19.02.2019 by 1700 hrs. Up to two authorized persons shall be eligible to attend the Pre-bid meeting. The authorized persons shall produce the letter as per Annexure while attending the Pre-Bid meeting. No request for change in date and time shall be entertained and the Bank shall hold the meeting even if any prospective bidder / some prospective bidders / their authorized representatives choose to remain absent during the meeting. No individual consultation with respect to this RFP other than the pre-bid meeting shall be entertained.

4.13.3. The Bank shall not consider any request for time extension for bid-submission on account of late receiving/downloading of RFP by any prospective bidder. The bids not accompanied by the Demand Draft / Pay Order/BG for participation fee and Earnest Money Deposit of requisite amount shall be out rightly rejected.

4.14. Amendment in RFP Contents

4.14.1. At any time prior to the last date for bid-submission, the Bank may, for any reason, whether at its own initiative or in response to clarification(s) requested by a prospective bidder, modify the RFP contents by amendment. Amendment will be published on Bank’s website as well as e-tendering website, and will be binding on bidders. The Bank shall not be liable for any communication gap. In order to provide prospective bidders, reasonable time to take the amendment into account for preparation of their bid, the Bank may, at its discretion, extend the last date for bid-submission. Further, the Bank reserves the right to scrap the RFP or drop the tendering process at any stage without assigning any reason.

4.15. Language of the Proposal

4.15.1. All bids and supporting documentation must be in English.

4.16. Validity Period

4.16.1. RFP responses must remain valid and open for evaluation according to their terms for a period of at least six months from the RFP closing date.

4.17. Proposal Currency & Price Structure

4.17.1. Prices/ Amounts shall be expressed in Indian Rupees only. The bidder must quote in terms of percentage ratio offered to the Bank and the Vendor out of the gross revenue through online mode only.

4.18. RFP Response Terms

4.18.1. Bidders have to bid for the entire assignment (defined under Section 1.5, 1.6, 1.7 & 1.8) comprehensively. Partial bids will not be considered for evaluation and will be rejected outright.

4.18.2. The Bank reserves the right to cancel the bid of any bidder if it is found at any stage that the details furnished by the bidder are false and to initiate action against such bidder for any damages that may be caused to the Bank. In that case, the Earnest Money Deposit (EMD) of the bidder shall stand forfeited and the Bank shall be entitled to recover all the moneys paid and claim liquidated damages.

4.18.3. The Bank reserves the right to accept or reject any or all the bids without assigning any reasons thereof and without incurring any liability to the bidders.

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4.18.4. Bidders should notify the Bank of any error, omission, or discrepancy found in this RFP document not later than 19.02.2019 by 1700 hrs in pre-bid queries.

4.18.5. Details called for in bid documents must be completely filled up and usage of words such as OK, ACCEPTED, NOTED, TO BE DISCUSSED, AS ORALLY TOLD, ASSUMPTIONS, INTERPRETATIONS, AS GIVEN IN BROCHURE/ MANUAL is not acceptable. Bids containing such usages are liable to be rejected.

4.18.6. Bank reserve the right to cancel this RFP if only one bid is received or only one bidder satisfies the eligibility criteria.

4.19. Bid preparation and Submission

Bidders should be guided by para numbers 3.19.1 to 3.19.6 given below and any deviations there of shall not be considered.

4.19.1. The technical bid shall be submitted in the format provided as per Annexures and the commercial bid shall be submitted through online only. All bids must be submitted in the prescribed formats and attachments if any must be clearly listed. The bidders should not alter the bid formats in any manner while submitting the bids

4.19.2. The bid should be prepared in English in MS Word/Excel etc. format and shall include bid summary pages for each Chapter / Section, properly completed.

4.19.3. Documents towards Technical Bid should be kept in a separate sealed envelope super scribing “OBC/HO/DBD/RFP-CMS/2018-19/11 Technical Bid for “RFP FOR PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION”. This envelope should be marked as “Envelope A”.

4.19.4. Documents towards Eligibility Criteria (General & Technical) should be kept in a separate sealed envelope super scribing “OBC/HO/DBD/RFP-CMS/2018-19/11.This envelope should be marked as “Envelope B”.

4.19.5. Commercial Bid should be submitted through online bid only.

4.19.6. The three separate sealed envelopes of Eligibility criteria and Technical Bid respectively for each set should be put together in a sealed master envelope super scribing: ‘RFP FOR PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION’ The email addresses and phone/fax numbers of the bidder should also be mentioned on the sealed envelopes.

4.20. Signing of Bid documents:

4.20.1. Only authorized person of the organization shall sign all the pages of the bid document and such bids shall only be binding. Digital signature is not acceptable.

4.21. Authorized Representative

4.21.1. Bidders may depute their authorized representative (only one) with an authorization letter to attend for opening of bids at the time and place

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mentioned in the RFP. The draft of the authorization letter is provided in the Annexure. The authorization letter for attending opening of bids should be submitted in "Envelope marked C” at the time of submission of the bids.

4.22. Bid Closing Date

4.22.1. Bids should be submitted on or before 1500 hrs IST (Indian Standard Time) on 12.03.2019.

4.23. Bid Validity Period

4.23.1. Bid shall remain valid for a period of at least 6 months from the Bid closing date.

4.24. Submission of Bid

4.24.1. Three envelopes mentioned above should be dropped in the Bid box at:

Digital Banking Deptt. 5th Floor, Annexe Building

Corporate Office Gurugram

on or before the last date & time for receipt of completed bid. No other mode of submission shall be accepted.

4.25. Notifications:

4.25.1. The Bank will notify the selected Bidder in writing about the outcome of the RFP evaluation process and shall also publish the same in the Bank’s web site.

4.26. Disqualification:

4.26.1. Any form of canvassing / lobbying / influence / query regarding short listing, status etc will be treated as a disqualification and bid shall be rejected.

4.26.2. The Bidder has to submit the Pre Contract Integrity Pact (Annexure) duly signed by the authorized personnel not below the rank of Partner/Director of the organization.

The Commercial bid should not contradict the Technical bid in any manner.

4.27. Validation of interlineations in Bid:

4.27.1. Any interlineations, erasures or overwriting shall be valid only if the authorized person signing the bid has authenticated the same with signature.

4.28. Period of Implementation:

4.28.1. All the tasks mentioned within the Scope of Work shall be completed within 3 months from the date of issuance of Purchase Order and additional period of 2 months from Go-Live for migration of existing records. Depending upon the requirements, Bank may in its sole discretion, allow extension of the period.

5. BID EVALUATION PROCESS

5.1 General:

5.1.1 At the time of opening of the bids for eligibility criteria & technical bids, the Bank will scrutinize the bids, to determine whether they are complete (substantial responsiveness), for any error in the bid, technical documents have been properly furnished and signed, and whether the bids are generally

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in order. The Bank reserves the right to reject any bid not conforming to the requirements.

5.1.2 In case of arithmetical errors if there is a discrepancy between words and figures, the amount in words will prevail. If the Bank does not accept the correction of the errors, the bid will be rejected, and the bidder's Earnest Money Deposit (EMD) may be forfeited.

5.1.3 The Eligibility criteria will be evaluated first for and then bidder shall be declared technically qualified. Commercial bid shall be opened only for the bidders who have been declared technically qualified.

5.1.4 The final selection of the bidder shall be based on technically qualified and Lowest cost as per the procedure laid down in the RFP.

5.1.5 During evaluation of the bids, the Bank may, at its discretion, ask the bidder for clarification on the information provided in the bid. The response of the bidders for the requests for clarification sought by the Bank shall be in writing within three working days and failure to furnish information will make the bid liable for rejection and no change in the prices of substance of the bid shall be sought, offered, or permitted.

5.1.6 No intimation would be sent to the unsuccessful bidders 5.1.7 Evaluation Committee constituted by the Bank would examine compliance with

the eligibility criteria and commercial bid.

5.2 Eligibility Criteria Verification:

4.2.1 Eligibility criteria verification will be carried out on the basis of eligibility criteria mentioned in the RFP.

4.2.2 The bids fulfilling the eligibility criteria shall be considered as technically eligible Technical bids will be evaluated along with the verification of the eligibility criteria.

4.2.3 During the period of evaluation, bidders may be asked, if necessary, to provide clarifications and explanations about information they have provided in the technical bid. Bidders should respond to such requests within three working days as per the time frame indicated in the letter/e-mail seeking the clarification/explanation.

5.3 Commercial Bid Evaluation

Technically qualified bidders will eligible for the commercial evaluation process that

is, shall be invited for commercial evaluation and thereafter, reverse auction. The

Bank shall conduct reverse auction process basis upon the commercial proposal

received by the Bank and benchmarking with the industry. (Refer to Annexure for

Reverse Auction details.) The bidder with the lowest commercials will be declared

successful L1 bidder and shall be awarded the contract.

The bank will conduct reverse auction on Total Cost of Ownership (TCO) to the

bank and shall exclude all taxes viz. Sales Tax, VAT, GST, octroi, entry tax but will

include excise duty, custom duty, installation, commissioning charges/ expenses,

comprehensive maintenance charges during warranty period including visit

expenses, transporting and forwarding charges to respective sites, insurance for

transit period and till installation, as applicable.

Commercial bid valuation shall be considered as below; in case of any kind of

discrepancy:

If there is a discrepancy between words and figures, the amount in words shall prevail.

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If there is a discrepancy between percentage and amount, the amount calculated as per the stipulated percentage basis shall prevail.

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

Where there is a discrepancy between the amount mentioned in the bid and the line item total present in the schedule of prices, the amount obtained on totalling the line items in the Bill of Materials will prevail.

The amount stated in the correction form, adjusted in accordance with the above procedure, shall be considered as binding, unless it causes the overall price to rise, in which case the bid price shall prevail. If there is a discrepancy in the total, the correct total shall be arrived at by bank.

In case the bidder does not accept the correction of the errors as stated above, the bid shall be rejected.

At the sole discretion and determination of the bank, the bank may add any other relevant criteria for evaluating the proposals received in response to this RFP.

Bank may, at its sole discretion, decide to seek more information from the respondents in order to normalize the bids. However, respondents will be notified separately, if such normalization exercise is resorted to.

All liability related to non-compliance of this minimum wages requirement and any other law will be responsibility of the bidder. The bidder is required to submit an undertaking as per Annexure for Tender Offer Cover Letter.

The highest technical bidder shall not automatically qualify for becoming selected bidder and for award of contract by the bank.

The bank shall not incur any liability to the affected bidder on account of such rejection.

The selected bidder shall provide revised TCO and the revised break-up of the cost items post reverse auction.

If for some reason, negotiations with the successful bidder fail to result in an agreement within a specified timeline, the bank reserves the right to award the contract to the next most eligible bidder based on the evaluation scores and commercial prices quoted during reverse auction.

The bidder whose technical and commercial bid is accepted will be referred to as “Selected Bidder” and the bank will notify the same to the selected bidder.

The final decision on the successful bidder will be taken by the bank. The implementation of the project will commence upon signing of a contract between the Bank and the selected bidder based on the evaluation.

The Bank's decision in respect of evaluation methodology and short-listing of bidders will be final and no claims, whatsoever in this respect, shall be entertained. In the case of tie between two or more bidders a fresh commercial bid will be called upon from these bidders for evaluation and ultimate selection of the bidder. In such revised bids the bidders cannot quote more than what was originally quoted in the previous bid. Bank may call upon the ultimate short-listed bidder to make a detailed presentation to the Evaluation Committee. The Bank reserves the right to float the RFP again. The Bank shall not incur any liability to the bidder(s) on account of reissue of RFP. Bank shall not be obliged to inform the bidder(s) of the grounds for the Bank's rejection. The Bank reserves the right to modify any items of the scope of the RFP. Any decision in this regard by Bank shall be final, conclusive and binding on the bidders.

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6. OTHER TERMS & CONDITIONS

The following are the general terms and conditions proposed to be included in the Contract. The bank reserves the right to add, delete, modify or alter all or any of these terms and conditions in any manner, as deemed necessary before signing the final agreement. The bidder, selected for the project, will have to enter into a contract agreement directly with the Bank. The contract agreement will contain various terms and conditions relating to payment, delivery, operationalization, training, commissioning and acceptance, support during periods of program management, penalty due to delay in performance etc. The original bill/ invoice for the services rendered must be furnished along with the prices thereof, as per the terms and conditions mentioned in the RFP.

6.1 Notification Of Acceptance of Bid

6.1.1 Notification to the Successful Bidder Before the expiry of the period of validity of the bid, the Bank shall notify the successful bidder in writing by registered letter or by e-mail, that its bid has been accepted. The successful bidder shall acknowledge in writing receipt of the notification of acceptance and has to convey their absolute, unconditional and unqualified acceptance within 7 days of the notification.

6.1.2 Discharge of Earnest Money Deposit (EMD) Earnest Money Deposit of successful Bidder shall be discharged on the Successful

Bidder signing SLA & NDA and upon furnishing the Performance Bank Guarantee

or Security Deposit. The Earnest Money Deposit of unsuccessful bidders shall be discharged / returned atleast 10 days after the Bank entering into the agreement

with the successful bidder. The name of the successful bidder shall be notified in

the website.

6.2 Security Deposit / Performance Bank Guarantee

6.2.1 The successful bidder shall submit a Security Deposit / Performance Guarantee as per the format given in Annexure for 10% of the TCO value arrived upon for the contract in Indian Rupees along with the letter of acceptance of the assignment within 30 days of issuance of the Purchase Order.

6.2.2 The successful bidder should submit Security Deposit by way of Demand Draft / Bankers' Cheque / Pay Order issued by a Nationalized Bank favoring Oriental Bank of Commerce or Performance Bank Guarantee issued by a Nationalized Bank (But not Oriental Bank of Commerce).

6.2.3 Security deposit if submitted in the form of Performance Bank Guarantee, the guarantee period shall be valid till 6 months after term of agreement. The guarantee shall also contain a claim period of three months from the last date of its validity.

6.2.4 The security deposit / Bank guarantee will be returned to the selected bidder 90 (ninety) days after the selected bidder’s performance obligations under the agreement are completed and accepted by the Bank.

6.2.5 The selected bidder shall be responsible for extending the validity date and claim period of the Bank guarantees as and when it is due, on account of incompletion of the project.

6.2.6 No interest shall be payable on the amount deposited as security deposit.

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6.2.7 The Bank shall invoke the Bank guarantee before the expiry of validity, if work is not completed / the guarantee is not extended before the due date as the case may be, or if the selected bidder fails to complete his obligations under the

contract or the bidder becomes insolvent or goes into liquidation voluntarily or otherwise. The Bank shall notify the selected bidder in writing before invoking

the Bank guarantee. The proceeds of the guarantee shall be payable to the Bank for any loss from the selected Bidder’s failure to complete his obligations under the contract.

6.3 Failure to abide by the NDA

The conditions stipulated in the NDA shall be strictly adhered to and any breach /

violation thereof will entail termination of the Contract without prejudice to the other

rights of the Bank including recovery of liquidated damages as specified in this RFP

or NDA.

6.4 Annulment of Award

Failure of the successful Bidder to comply with the terms and conditions of the

contract shall constitute sufficient ground for the annulment of the award and

forfeiture of the Security Deposit/ Invocation of Guarantee, in which event the Bank

may at its sole discretion, make the award to the next best evaluated bidder or call

for new bids.

6.5 Delays in Bidders Performance

The bidder must strictly adhere to the schedule, as specified in the purchase contract, executed between the Parties for performance of the obligations, arising out of the purchase contract and any delay in completion of the obligations by the bidder will enable bank to resort to any or all of the following:

Claiming liquidated Damages

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

Forfeiting of Earnest Money Deposit/ invoking EMD Bank Guarantee

6.6 Liquidated Damages (LD)

5.4.1 If the selected bidder fails to complete the due performance of the contract,

in accordance with the specifications and conditions mentioned in the RFP and

agreed during the final contact negotiation, the Bank reserves the right to

recover penalty / liquidated damages @ 1 (one) percent of the undelivered

portion of contract value for every week of delay or part thereof subject to a

maximum of the value of the performance guarantee as Liquidated Damages for

non-performance/delayed performance. Notwithstanding the above , any non

compliance of the contractual terms would be treated as breach of the contract

by the selected bidder and Bank reserves the right to proceed against the bidder

as per applicable laws on account of loss and damages incurred or to be

incurred /suffered or to be suffered by the Bank.

6.7 Dispute Resolution: All the disputes are to be decided by a competent court of Jurisdiction at New Delhi.

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6.8 Uncontrollable circumstances (Force Majeure): 5.6.1 The selected bidder or the Bank is not responsible for delays or non-

performance of any contractual obligations, caused by war, blockage, revolutions, insurrection, civil commotion, riots, mobilizations, strikes, blockade, acts of god, plague or other epidemics, fire, flood, obstructions of navigation by ice of port of dispatch, acts of Govt. or public enemy or any other event beyond the control of either party which directly, materially and adversely affect the performance of any contractual obligation provided that:

o The non performing party gives the other party prompt written notice describing the particulars of Force Majeure including, but not limited to, the nature of occurrence and its expected duration, and continues to furnish the timely reports with respect thereto during the period of Force Majeure.

o The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure.

o No obligation of either party that arose before Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and

o The non-performing party uses its best efforts to remedy its inability to perform.

o For purposes of this Clause, “Force Majeure” means an event explicitly beyond the control of the bidder and not involving the bidder’s fault or negligence and not foreseeable. Such events include act of God, fire, explosion, flood, epidemic, power failure, governmental actions, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labor disputes and strikes (other than in respect of the workforce of the party affected).

6.9 Assignment

Neither the contract nor any rights granted under the contract may be sold, leased, assigned, or otherwise transferred, in whole or in part, by the bidder, and any such attempted sale, lease, assignment or otherwise transfer shall be void and of no effect without the advance written consent of the bank.

6.10 Sub Contracting

The bidder shall not subcontract or permit anyone other than its personnel to perform any of the work, service or other performance required of the bidder under the contract without the prior written consent of the bank.

6.11 Limitation of Liability

The aggregate liability of bidder in connection with this Agreement, the services provided by bidder for the specific scope of work document, regardless of the form or nature of the action giving rise to such liability (whether in contract, tort or otherwise) and including any and all liability shall be limited to the overall value of the purchase order placed to the bidder during for the period of empanelment and any other damages or loss suffered by the Bank incidental thereto.

6.12 Publicity

Any publicity by the bidder in which the name of the bank is to be used should be done only with the explicit written permission of the bank.

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6.13 Privacy & Safeguards

The successful bidder shall not publish or disclose in any manner, without the bank's prior written consent, the details of any security safeguards designed, developed, or implemented by the successful bidder under this contract or existing at any bank location. The successful bidder shall develop procedures and implementation plans to ensure that IT resources leaving the control of the assigned user (such as being reassigned, removed for repair, replaced, or upgraded) are cleared of all Bank data and sensitive application software. The successful bidder shall also ensure that all its employees and associated staff who are involved in providing such security safeguards or part of it shall not publish or disclose in any manner, without the bank's prior written consent, the details of any security safeguards designed, developed, or implemented by the successful bidder under this contract.

6.14 Confidentiality

This document contains information confidential and proprietary to the Bank. Additionally, the bidder will be exposed by virtue of the contracted activities to internal business information of the bank, affiliates, and/ or business partners. Disclosure of receipt of any part of the aforementioned information to parties not directly involved in providing the services requested could result in the disqualification of the bidder, premature termination of the contract, or legal action against the bidder for breach of trust. The information provided/ which will be provided is solely for the purpose of undertaking the services effectively.

No news release, public announcement, or any other reference to this RFP or any program there under shall be made without written consent of Bank. Reproduction of this RFP, by photographic, electronic, or other means is strictly prohibited.

6.15 Prices

The price shall be quoted in Rupees (Currency= INR) upto 2 decimal places. The price charged by the bidder for the services performed for the project shall not vary from the contracted prices and shall remain valid for the contract period.

No adjustment of the contract price shall be made on account of variation of costs of labor, exchange rate and materials or any other cost component affecting the total cost in fulfilling the obligations under the contract. All out of pocket expenses, travelling, boarding and lodging expenses for the entire completion of the project should be a part of the financial bid submitted by the bidder to the bank. No extra costs on account of any items or services or by way of any out of pocket expenses, including travel, boarding and lodging etc. will be payable by the Bank. The Bidder cannot take the plea of omitting any charges or costs and later lodge a claim on the Bank for the same. The price would be inclusive of all applicable taxes under the Indian law but exclusive of only applicable GST, VAT and Octroi/ Entry Tax/ equivalent local authority cess, which shall be paid/ reimbursed on actual basis on production of bills. The entire benefits/ advantages, arising out of fall in prices, taxes, duties or any other reason, must be passed on to Bank. Requisite form, Like Form 32 etc., will be the sole responsibility of the bidder. However, Bank will sign the forms as per the requirement from the bidder. For

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obtaining the requisite form the bidder will provide the necessary documents i.e. Performa invoice etc.

6.16 Responsibilities of Selected Bidder

6.16.1 Authorised signatory

The selected bidder shall indicate in writing, the nominated person who can

discuss and correspond with the Bank, with regard to the obligations under the RFP

or Contract and who is empowered to sign the agreements on behalf of the bidder.

6.16.2 Professionalism

The bidder should provide professional, objective and impartial advice at all times

and hold the bank’s interests paramount. It should observe the highest standard of

ethics while executing the assignment.

6.16.3 Adherence to Laws & Standards

The bidder should adhere to laws of land and rules, regulations and guidelines

prescribed by various regulatory, statutory and Government authorities.

The bank reserves the right to conduct an audit/ ongoing audit of the services

provided by the bidder. The bank reserves the right to ascertain information from

the banks and other institutions to which the bidders have rendered their services

for execution of similar projects.

6.16.4 Intent of RFP

The selected bidder shall provide all necessary services/works as per the scope &

intent of this RFP, whether or not explicitly mentioned in this RFP.

6.16.5 Collusive Conduct

Bidders and their officers, employees, agents and advisers must not engage in any collusion, anti – competitive conduct or any other similar conduct with any other bidder or any other person in relation to the preparation or lodging of responses. By submitting a signed proposal, the bidder certifies that:

It has arrived at the prices in its proposal without agreement or discussion with any other bidder of this RFP for the purpose of restricting competition.

The prices in the proposal have not been disclosed and will not be disclosed to any other bidder of this RFP.

No attempt by the bidder to induce any other bidder to submit or not submit a proposal for restricting competition has occurred.

6.16.6 Unlawful inducements

A bidder and its respective officers, employees, agents or advisers must not have

violated and must not violate any applicable laws regarding the offering of

inducements in connection with the preparation of their response. Bidders and their

representatives must not directly or indirectly attempt to unduly influence the

outcome of the RFP process.

6.16.7 Conflict of Interest

The bidder shall disclose to the bank in writing all actual and potential conflicts of

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interest that exist, arise or may arise (either for the bidder or the bidder’s team) in

the course of performing the Service(s) as soon as practical after it becomes aware

of that conflict.

6.16.8 Transfer of Agreements

On request by the Bank or its nominated vendor, the bidder shall effect such

assignments, transfers, etc. in favor of the bank or its nominated vendor, in relation

to any service provision agreement between the bidder and nominated vendor, and

which are related to the services and reasonably necessary for the carrying out of

replacement services. The bank and its appointed nominees shall have the right of

access to premises where the assets are hosted or from where services are being

provisioned.

6.17. Execution of SLA & NDA

The bidder and bank should execute (a) Service Level Agreement, which would include all

the service and terms and conditions of the services to be extended as detailed herein and

as may be prescribed by the Bank and (b) Non-disclosure Agreement. The bidder should

execute the SLA and NDA within one month from the date of acceptance of the purchase

order. The NDA format is given in Annexure for Non- Disclosure Agreement Format.

At the completion of selection process, the Bank will enter into two agreements with the

selected Bidder for a minimum period of 5 (five) years with the Bank having the right to

extend it further, as per terms provided in agreement for additional 2 years in a block of

one year each, and thereafter with mutual consent of the bidder/ vendor at same terms &

condition.(a) Service Level Agreement, which would include all the service and terms and

conditions of the services to be extended as detailed herein and as may be prescribed by

the Bank and (b) Non-disclosure Agreement.

Service Level Agreement will be based on the bidder’s response to this RFP with all its

enclosures, modifications arising out of negotiation/ clarifications, etc., and will also include

the following:

Copies of the licenses, certifications, etc.

In case of termination of contract, Bank will retain the right to take on to itself the operation of all the SLAs/ contracts with all merchant partners without any change to these contracts. A suitable clause to this effect must be incorporated in the agreement between the bidder and his outsourced agents/merchant partners. The vendor is, therefore, expected to disclose all contracts/sub-contracts to the Bank.

The vendor shall not transfer at any stage any of its duties, obligations and benefits of the contract to any third party.

The Bank reserves the right to stipulate, at the time of finalization, any other document(s) to be enclosed as part of the final contract.

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6.18. Payment Terms

The Bank will make payment to the empanelled vendor only electronically through Head

Office as per following terms:-

Component Payment Terms Fee %age

Conditions/ Remarks

Application/ License

Upon installation & delivery of licenses

40% Acceptance of PO.

execution of Non-Disclosure agreement

submission of Performance Bank Guarantee

Delivery of the application, media copy & licenses.

Payable on release to production

40% Application installation, Integration of application & Customization along with successful UAT sign off.

After 3 months of go-live and sign-off

20% Subject to completion of Migration

activity as per RFP terms

Installation Implementation & Integration cost

UAT Sign off 40% Upon completion of respective stage

of Application/ License delivery/

installation, as applicable.

Upon Go-Live 30%

After 3 months of go-live and sign-off

30% Subject to completion of Migration

activity as per RFP terms

ATS Cost ATS would be paid yearly in advance from 2nd year onwards.

Annual Technical Support (ATS) Cost to be paid in annual advance from 2nd year onwards along with submission of Performance Bank Guarantee.

Application Management Cost (FM)

Application Management FM Cost would be paid quarterly in arrears

The payment shall be made on deferred Quarterly basis after successful Go-Live of the solution. On-site support to be billed on Quarterly deferred basis, on actual.

The payment shall be made within 15 days from the date of receipt of invoice (if invoices are found in order) alongwith submission of monthly MIS etc. (as applicable),

Submission of Non-Disclosure agreement, Performance Bank Guarantee and Service Level agreement.

At all times bank would be paying only for the services/ application modules utilized by the bank or deployed in production. At no point, Bank would pay for the services/ modules that is not deployed for the Bank’s use.

The Bidder recognizes that all payments to the bidder under this RFP and subsequent agreement are linked to and dependent on successful achievement and acceptance of milestones/ deliverables/ activities set out in the project plan and therefore any delay in achievement of such milestones/ deliverables/activities shall automatically result in delay of such corresponding payment.

Bidders have to provide the prices for implementation. TCO will be calculated as the summation of the grand total of the price bid and all the items mentioned. The TCO shall be calculated for a period of 7 years for composite service.

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The reasons like non-familiarity with the site conditions and/ or existing IT infrastructure will not be considered as a reason for any delay or extra claims whatsoever.

The price would be inclusive of all applicable taxes under the Indian law like customs duty, freight, forwarding, insurance, delivery, etc. but exclusive of only applicable GST, which shall be paid / reimbursed on actual basis on production of bills with GSTIN. Any increase in GST will be paid in actuals by the bank or any new tax introduced by the government will also be paid by the bank The entire benefits / advantages, arising out of fall in prices, taxes, duties or any other reason, must be passed on to Bank. The price quoted by the bidder should not change due to exchange rate fluctuations, inflation, market conditions, increase in custom duty. The bank will not pay any out of pocket expense.

The Bank shall pay each undisputed invoice raised in accordance with this RFP and subsequent agreement, within 30 working days after its receipt unless otherwise mutually agreed in writing, provided that such invoice is dated after such Fees have become due and payable under this RFP and subsequent agreement.

Any objection/ dispute to the amounts invoiced in the bill shall be raised by the bank within 15 days from the date of receipt of the invoice. Upon settlement of disputes with respect to any disputed invoice(s), the bank will make payment within reasonable time (not exceeding 30 days) after the settlement of such disputes. However any omission/ fact not known at that point of time, Bank shall have the right to raise the dispute at a later point of time. All out of pocket expenses, travelling, boarding and lodging expenses for the entire Term of this RFP and subsequent agreement is included in the amounts and the Bidder shall not be entitled to charge any additional costs on account of any items or services or by way of any out of pocket expenses, including travel, boarding and lodging etc.

6.19. Award of Contract

Following the evaluation, contract may be awarded to the bidder whose bid meets the requirements of this RFP and provides the best value to the bank from both a techno-functional and commercial point of view. The Bank reserves the right to award the contract in whole or in part.

The acceptance of the bid, subject to contract, will be communicated by way of placing a purchase order in writing at the address supplied by the bidder in the bid document. Any change of address of the bidder should therefore be notified promptly to the “Deputy General Manager” at the address given in this RFP.

6.20. Signing of Contract

The successful bidder(s) shall be required to enter into a contract with bank, within

Sixty (60) days of the award of the work or within such extended period, as may be

specified by bank. The contract shall be based on this RFP document, Purchase

Order (P.O), and such other terms and conditions as may be determined by bank to

be necessary for the due performance of the work, as envisaged herein and in

accordance with the bid. However the terms and conditions of purchase order and

RFP shall constitute a binding contract till such a contract is issued.

6.21. Legal Compliance

The successful bidder hereto agrees that it shall comply with all applicable union,

state and local laws, ordinances, regulations and codes in performing its obligations

hereunder, including procurement of license, permits and certificates and payment

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of taxes where required. If at any time during the term of this agreement, the bank

identifies or information comes to the bank's attention that the successful bidder is

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

decreed or adjudged by any court, tribunal or other authority), the bank shall be

entitled to terminate this agreement with immediate effect.

6.22. Amendment to Contract

No variation in or modification of the conditions of the contract shall be made except

by written amendment signed by the either parties.

6.23. Other Terms & Conditions

Bank reserves the right to –

Reject any and all responses received in response to the RFP

Waive or change any formalities, irregularities, or inconsistencies in proposal format delivery

Negotiate any aspect of the proposal with any bidder and negotiate with more than one bidder at one time

Extend the time for submission of all proposals

Share the information/ clarifications provided in response to the RFP by any bidder, with any other bidder(s)/ others, in any form.

Cancel the RFP at any stage

6.24. Others:

Indemnity The selected bidder shall indemnify the Bank and keep indemnified the Bank for

any loss or damage, cost or consequences that the Bank may sustain, suffer or incur on account of violation of any Intellectual Property Rights including patent,

trademarks, etc. by the bidder. The bidder shall always remain liable to the Bank for

any Losses suffered by the Bank due to any technical error or negligence or fault

on the part of the bidder. The bidder agrees to indemnify and keep indemnified the

Bank against all losses, damages, costs, charges and expenses incurred or

suffered by the Bank due to or on account of any breach of the terms and

conditions contained in the RFP/ Documents.

Assignment: Neither the contract nor any rights granted under the contract shall be sold, leased, assigned, sub contracted, or otherwise transferred, in whole or in part, by the

bidder.

Vicarious Liability: The selected bidder shall be the principal employer of the employees, agents,

contractors, subcontractors etc., engaged by him and shall be vicariously liable for

all the acts, deeds, matters or things, whether the same is within the scope of

power or outside the scope of power, vested under the contract. No right of any employment in the Bank shall accrue or arise, by virtue of engagement of

employees, agents, contractors, subcontractors etc., by the selected bidder, for any

assignment under the contract. All remuneration, claims, wages dues etc., of such

employees, agents, contractors, subcontractors etc., of the selected bidder shall be

paid by the selected bidder alone and the Bank shall not have any direct or indirect

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liability or obligation, to pay any charges, claims or wages of any of his employees, agents, contractors, subcontractors etc. The selected bidder shall agree to hold the

Bank, its successors, assigns and administrators fully indemnified, and harmless

against loss or liability, claims, actions or proceedings, if any, whatsoever nature

that may arise or caused to the Bank through the action of selected bidder’s

employees, agents, contractors, subcontractors etc.

Non – Solicitation The selected bidder, during the term of the contract and for a period of two years

after completion of the assignment shall not without the express written consent of

the Bank, directly or indirectly:

o Recruit, hire, appoint or engage or attempt to recruit, hire, appoint or engage

or discuss about employment with or otherwise utilize the services of any

person who has been an employee or associate or engaged in any capacity,

by the Bank in rendering services in relation to the contract; or

o Induce any person who shall have been an employee or associate of the Bank at any time to terminate his/ her relationship with the Bank.

No Employer-Employee Relationship: The selected bidder or any of its holding/ subsidiary/ joint-venture/ affiliate/ group/

client companies or any of their employees/ officers/ staff/ personnel/

representatives/ agents shall not, under any circumstances, be deemed to have

any employer-employee relationship with the Bank or any of its employees/ officers/

staff/ representatives/ personnel/agents.

Cancellation of Contract and Compensation: In the event of default, the Bank would provide 30 days notice to the selected

bidder to rectify / correct the said event of default. If selected bidder fails to rectify

the said default within the said period the Bank is entitled to cancel the contract of the selected bidder by giving 7 days notice. In such an event, the selected bidder

shall be liable to indemnify the Bank for loss and damages incurred/ to be incurred

or suffered / to be suffered by the Bank. The Bank is also entitled to get the

remaining contract get executed by another party and the selected bidders ( whose

contract is terminated) is liable to make good the additional expenditure, cost,

damage, if any which the Bank may have to incur to carry out for execution of the

balance contract. In addition to the above, Bank is entitled to invoke the

Performance Bank Guarantee or forfeit the security deposit given by the selected bidder towards non performance / non compliance of the terms and conditions of

the contract.

‘Event of default’ includes happening of one or more of the following event/s:

The selected bidder commits a breach of any of the terms and conditions of the bid/contract.

An attachment is levied or continues to be levied for a period of 7 days upon effects of the bid.

The progress regarding execution of the Contact, made by the selected bidder is found to be unsatisfactory.

After the award of the contract, if the selected bidder does not perform satisfactorily as required by the Bank under the RFP or delays execution of the Contact.

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Change of the team members without prior permission of the Bank.

The selected bidder shall make himself / authorized representative available for interaction, discussion with the internal auditors / external auditors / Regulators etc along with Bank officials and shall furnish any information / clarification sought by

them in connection with the project till the full implementation of the project.

5.25 Integrity Pact:

To ensure transparency, equity, and competitiveness and incompliance with the

CVC guidelines, this tender shall be covered under the Integrity Pact (IP) policy of

the Bank. The pact essentially envisages an agreement between the prospective

bidders/vendors and the Bank committing the persons/officials of both the parties,

not to exercise any corrupt influence on any aspect of the contract. The format of

the agreement is enclosed as Annexure.

Signing of IP with Bank would be one of the preliminary qualification for further evaluation. In other words, entering into this pact would be one of the preliminary qualification for this tender and the pact shall be effective from the stage of invitation of bids till the complete execution of the contract. Any vendor/ bidder not signed the document or refusing to sign shall be disqualified in the bidding process. The Integrity Pact envisages a panel of Independent External Monitors (IEMs) to review independently and objectively, whether and to what extent parties have complied with their obligation under the pact. The IEM has right to access to all the project documentation. Shri Subodh Kumar Goyal & Sh. Salil Kumar Jha shall be acting as IEM for this Contract/Tender. However, Bank at its sole discretion reserves the right to change/name another IEM, which shall be notified later.

5.26 Tentative Projections for reference of Bidders

Sl. Particulars FY

2017-18 (Actual)

HY 2018-19 (Actual)

FY 2018-19 (Proj)

FY 2019-20

FY 2020-21

FY 2021-22

FY 2022-23

FY 2023-24

1. Total number of mandates registered (in Lacs)

1.4 1.4 2 4 7 10 12 15

2. Total number of transactions processed (in Lacs)

20 17 22 25 80 120 150 180

3. Transaction processing-Peak volume in a day (in Lacs)

0.7 1.6 2 4 6 8 10 12

4. Mandate registration-Peak volume in a day (in Nos.)

1200 1200 2000 3000 4000 5000 6000 7000

5. Total number of clients (in Nos.)

11 12 13 20 25 30 35 40

Disclaimer: Bank has provided projections for bidders assistance and the same in any way shall not be constitute as the commitment of the Bank under this RFP, whatsoever. The actual business numbers may be higher or lesser then the projected volumes

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ANNEXURE- I

Format of Tender Offer Cover Letter

E-RFP Reference No : OBC/HO/DBD/RFP-CMS/2018-19/11 Date: _________

To:

The Deputy General Manager,

Digital Banking Department,

Corporate Office,

Oriental Bank of Commerce,

Plot No. 5, Sector 32, Gurgaon – 122 001

Having examined the tender documents including all annexure the receipt of which is hereby duly acknowledged, we, the undersigned, offer for Oriental Bank of Commerce RFP FOR PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION as mentioned in scope of work in conformity with the said tender documents in accordance with the Commercial bid and made part of this tender. We understand that the RFP provides generic specifications about all the items and it has not been prepared by keeping in view any specific bidder. If our tender offer is accepted, we will obtain the guarantee of a bank for a sum equal to 10% of Total Cost of Ownership (TCO) for the due performance of the Contract. We agree to abide by this tender offer till 180 days from the date of tender opening and our offer shall remain binding upon us and may be accepted by the Bank any time before the expiration of that period.

We agree and undertake that if our bid is accepted, we shall provide the Services comprised in the Contract within timeframe specified, starting from the date of receipt of notification of award from Oriental Bank of Commerce.

We confirm that we have noted the contents of the RFP, we have not made any modification in the original copy of RFP, have ensured that there is no deviation in filing our response to the RFP and are aware that the Bank will have the right to disqualify us in case of any such modifications or deviations. We agree and undertake to abide by the RFP terms and conditions, provisions, stipulations and covenants including the price quoted therein for the period of six months from the bid closing date and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

All the details mentioned by us are true and correct and if Bank observes any misrepresentation of facts on any matter at any stage, Bank has the absolute right to reject the bid / proposal and disqualify us from the selection process.

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We agree and undertake to execute a Service Level Agreement and Non Disclosure Agreement in the form to be communicated by Oriental Bank of Commerce, incorporating all agreements with such alterations or additions thereto as may be necessary to adapt such agreement to the circumstances of the standard and notice of the award within time prescribed after notification of your intention to accept this proposal. Unless and until a formal Service Level Agreement is prepared, finalized and executed this bid together with the entire set of documents, technical presentations and the written acceptance thereof by Oriental Bank of Commerce, shall constitute a binding Agreement between Oriental Bank of Commerce and us.

We understand that you are not bound to accept the lowest or any bid that you may receive; not to give any reason for rejection of any bid and that you will not defray any expenses incurred by us in biding. We are also aware that Oriental Bank of Commerce has also right to re-issue / re-commence the bid, to which we do not have right to object and have no reservation in this regard; the decision of Oriental Bank of Commerce in this regard shall be final, conclusive and binding upon us.

We enclose a Demand Draft /Bankers' Cheque bearing No……………. dated ……/ …../20 drawn by ……….. Bank………… branch, in favor of Oriental Bank of Commerce payable at Gurugram for a sum of Rs.………………..(Rupees………………………………………………………………………. only) towards Bid document price

We enclose a BG bearing No……………. dated ……/ …../20 drawn by ……….. Bank,………… branch, in favor of Oriental Bank of Commerce payable at Gurugram for a sum of ₹………………..(Rupees………………………………………………………………………. only) towards Earnest Money Deposit (EMD)

We understand that the EMD, in case of successful bidder, will be discharged / returned upon the Bidders signing the Consultancy Agreement and after furnishing the Performance Bank Guarantee or other security. We also understand that in case we are unsuccessful, EMD will be returned 10 days after the Bank entering into consultancy agreement with the successful bidder.

We are aware that EMD shall not carry any interest.

The entire set of RFP documents together with OBC’s acceptance of expression of interest, etc. are enclosed hereto and form the part of this Bid. Dated this __________________day of __________2019

Signature: __________________________________ (In the Capacity of :) ________________________________ duly authorized to sign the tender offer for and on behalf of

Page 53 of 89


ANNEXURE- II

Compliance of the Terms & Conditions

To,

The Deputy General Manager

Digital Banking Department,

Corporate Office,

Oriental Bank of Commerce

Plot No. 5, Sector 32, Gurgaon – 122 001

Dear Sir,

Sub: RFP no. OBC/HO/DBD/RFP-CMS/2018-19/11 for RFP FOR PROCUREMENT OF

COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH

MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT

SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE,

CUSTOMIZATION AND UPGRADATION Dated 12.02.2019

Further to our proposal dated _______, in response to the Request for Proposal for

PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION

FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE

MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE,

CUSTOMIZATION AND UPGRADATION (hereinafter referred to as “RFP”) issued by

Oriental Bank of Commerce (OBC) we hereby covenant, warrant and confirm as follows:

We hereby agree to comply with all the terms and conditions, stipulations & scope of work

as contained in the RFP and the related addendums and other documents including the

changes made to the original tender documents issued by the Bank, provided however that

only the list of deviations furnished by us below, which are expressly accepted by OBC and

communicated to us in writing, shall form a valid and binding part of the aforesaid RFP

document. OBC is not bound by any other extraneous matters or deviations, even if

mentioned by us elsewhere either in our proposal or any subsequent deviations sought by

us, whether orally or in writing, and the Bank’s decision not to accept any such extraneous

conditions and deviations will be final and binding on us.

Place:

Date: Seal and signature of the bidder

Page 54 of 89


ANNEXURE- III

BIDDERS DETAILS (On Organization’s letter head)

Part A: Particulars of the Bidder

Details filled in this form must be accompanied by sufficient documentary evidence, in order to verify the correctness of the information.

Sl No

Item Details

1 Name of Company/Bidder

2 Company incorporation date Certificate of Incorporation

3 Country of incorporation

4 Postal address (Corporate office)

5 Telephone/mobile and Fax number

6 Name & Address of Directors/ Promoters

7 E mail address 8 Name and designation of the person authorized to make

commitments to the Bank

9 Brief profile indicating presence in Indian market

10 Details of domain expertise

11 Tangible Net Worth for the last 3 years (in Crores) Annual report, Annual Balance sheet & P&L a/c

12 Turnover for the last 3 years (in crores) -do-

13 Geography focus, number of employees etc

14 Past credentials of the Bidders

Details of the works completed/under execution pertaining to implementation of Cash Mangement Solution in Banks in India/ overseas, with name and location of the client and number of their branches, nature and type of the project, services delivered/rendered, brief scope of the services provided, value/cost of the project and duration of the project, contract details of the client.

Copies of the Credential letter from clients or proof of execution

15 Any Other information by the Bidder wish to inform (furnish full details if any)

Page 55 of 89


ANNEXURE- IV

Confirmation of Eligibility Criteria (General & Technical)

Part A. General Eligibility

S.N Criteria Compliance (Yes/ No) with

supporting documents

Documents Submitted

1.

The Bidder should be a company incorporated in India and should have been in operation for a period of at-least 3 years in India as on date of the RFP.

2.

The Bidder should have completed atleast 1 (one) successful implementation and presently live for software application for Cash Management Services (CMS) for payable management & receivable management in atleast one Bank..

3.

Bidder should be Principal/ Original Software Developer (OSD) or as Authorized System Integrator for Principal/ OSD and must be in business of providing Cash Management System at least for last 3 years.* (In case of Authorised System Integrator (SI) participate in the bid, then letter from Principal/ OSD certifying the SI as authorized partner for solution implementation to be submitted.)

4. The bidder must be a non-Bank promoted entity.

5.

The Bidder should not have been blacklisted by any Govt. / Govt. Agency /Bank(s) / Financial Institutions in India or overseas in the last five years.

6.

The Bidder should have minimum annual turnover of INR 10 Crores or more during each of previous 3 financial years i.e. As on 31.03.2016, 31.03.2017 & 31.03.2018.

7.

The Bidder should have a positive net worth for the previous 3 financial years i.e. As on 31.03.2016, 31.03.2017 & 31.03.2018.

8.

At least 1 of the functionality i.e.

Receivable Management, Payables

Management & Cheque Printing solution

(remote) of the proposed Cash

Page 56 of 89


S.N Criteria Compliance (Yes/ No) with

supporting documents

Documents Submitted

Management Solution should have been

implemented in at least 1 scheduled

Commercial Bank in India.

9.

Bidder should have direct support

offices in Delhi / NCR. In case direct

support office of the bidder is not

present in Delhi / NCR, then an

undertaking to be provided by the

Bidder stating that direct support would

be provided by the bidder at Delhi / NCR

whenever desired by the Bank.

10.

The bidder shouldn’t have any security incident or information security incident assigned to their hosted or deployed system in last 3 years of operation.

11.

The Bidder to provide information that any of its subsidiary or associate or holding company or companies having common director/s or companies in the same group of promoters/management or partnership firms/LLPs having common partners has not participated in the bid process.

12.

The Bidder to provide an undertaking on his letter head that all the technical features highlighted as part of Technical Scope are covered in totality in the proposal submitted by the bidder.

13.

The bidder has to submit Integrity Pact (IP) signed by authorized signatory as prescribed format mentioned in Annexures on plain paper in advance (not prior to issuance of RFP) or at the time of bid submission. Bidder shall be liable for rejection in case of non-submission of the same.

Page 57 of 89


Part B. Additional Eligibility for Principal/ OSD (in Case bid is submitted by authorized System Integrator)

S.No. OSD’s Eligibility Criteria Compliance

(Yes/ No) with

supporting

documents

Documents

Submitted

1 The OSD Vendor should be a Government

Organization/ PSU/ or a Limited Company/

Private Limited Company under

Companies Act 1956/2013, India.

2 The OSD Vendor should have been in

existence in India for a minimum period of

3 years.

3 The OSD Vendor should not have been

black-listed by any Public Sector Bank,

RBI/ NHB or IBA as on date of RFP

submission. Bidder must certify to that

effect.

Part C. Technical Eligibility


Documents Submitted

1.

The bidder must submit a certificate of Principal/ OSD or Self-Certificate (in case bid is submitted by Principal/ OSD) that combination of operating system and proposed middleware is compatible with the CMS solution offered.

2.

The successful bidder shall provide requirement for all necessary "System" or “Equipment” for Cash Management System (CMS) and its all related and necessary peripherals including the hardware required for Cash Management Software solution, which should work together to provide the Services as mentioned in the Bid.

3. The proposed solution should be 100% Software defined and without any dependency on proprietary hardware.

4. The solution & configuration shall provide the capability to define & change storage policies.

5. The solution & configuration should deliver zero data loss in case of disk,

Page 58 of 89



Documents Submitted

host or network failure.

6.

The solution configuration offered should support checksum of data to ensure data integrity & to enable automatic detection and resolution of silent disk errors.

7.

The solution & configuration should provide enterprise data services such as compression completely in software without dependence on any proprietary hardware.

8. The proposed solution must be scoped as having scalable storage and compute as and when needed by the Bank.

9. All software licenses for enabling the above must be part of and configured for the overall solution.

10. The solution shall have capability to process concurrent users at various level of usage.

11. The solution shall be provisioned for TPS of 100 with scalability provision of 25% incremental processing load annually.

Page 59 of 89


ANNEXURE- V

PRE BID CLARIFICATIONS FORMAT

RFP FOR PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS)

FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION

AND UPGRADATION

Sr.

No.

Page

No.

Point /

Section

No.

Clarification point as

stated in the tender

document

Comment / Suggestion /

Deviation

1

2

3

4

5

6

7

8

9

Page 60 of 89


ANNEXURE VI

UNDERTAKING FROM PRINCIPAL/ OSD (FOR SOFTWARE)

(To be submitted on Company (Principal/ OSD) letterhead – if directly bidding)

To, Dy. General Manager (DBD)


Corporate Office

4th Floor, Plot No-5,

Institutional Area, Sector-32,

Gurugram – 122 001.

Sub : RFP for PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION vide Reference no. OBC/HO/DBD/RFP-CMS/2018-19/11 dated 12.02.2019 Dear Sir, We_____________, the Principal/ OSD/ OEM Vendor of _________________________ application/software, hereby authorize to submit our bid in response to the tender/RFP ___________________offer our quotation, negotiate and conclude the contract with you against the above invitation for the Bid. We hereby extend our support for 7 years as per terms and conditions of the tender and the contract for the above Software offered against this invitation for Bid. Software upgrades to be made available during the period of support & AMC/ ATS. Cost of same, if any, will be part of support & AMC/ ATS charges. We shall also confirm and hereby assure that our software is virus and defect free in respect to the RFP and provide free patches for up-gradation of software time to time. Dated at ______________ this ________ day of _____________2019.

Sign Name of the signatory Designation Company Seal

Page 61 of 89


ANNEXURE VII

UNDERTAKING FROM PRINCIPAL/ OSD (FOR SOFTWARE)

(To be submitted on Company (Principal/ OSD) letterhead – if Bidder is bidding)

To, Dy. General Manager (DBD)


Corporate Office




Sub : RFP for PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION vide Reference no. OBC/HO/DBD/RFP-CMS/2018-19/11 dated 12.02.2019 Dear Sir,

We___________________, the OEM Vendor of _________________________ software, hereby authorize M/s.______________________ (Bidder / Vendor Name) to submit their bid in response to the RFP ___________________offer their quotation, negotiate and conclude the contract with you against the above invitation for the Bid.

We hereby extend our support for 7 years as per terms and conditions of the tender and the contract for the above Software offered against this invitation for Bid. Software upgrades to be made available during the period of support & AMC/ ATS. Cost of same, if any, will be part of support & AMC/ ATS charges.

We shall also confirm and hereby assure that our software is virus and defect free in respect to the RFP and provide free patches for up-gradation of software time to time.

Dated at ______________ this ________ day of _____________2019.

Sign Name of the signatory Designation Company Seal

Page 62 of 89


ANNEXURE VIII

(Pro-forma for Submission of Sizing by Successful bidder within 7 days of issuance of Purchase order)

Part A. Data Storage Requirements

Bidder is required to provide the Data Storage Requirements as per the format given

below for Data Storage Requirement at DC (Prodcution)/ DRC/ UAT & Development (use

separate tables):

Data Storage at DC (Production)/ DRC/ UAT & Development

Raid Disk Type NL SAS / SATA

Disk Size Count of Disk

Total RAW Capacity (GB)

Total Usable Capacity (GB)

App

Web

Database

**Please specify the terminal year (Year 7) sizing

Part B. Infrastructure Requirements

Production DC & DR Environment Details (Use separate tables)

Physical Virtual Tech Component

Application Cores RAM Type of License

Core Factor

License Quantity

Qty Bank's RC

Model

Application Server

Database Server

Reporting Server

Page 63 of 89


Part C. RC Server Configuration

Server Environment Qty of Server

Required

Additional RAM

Required

Additional HDD

Required

Entry Level Rack Server

DC

DR

Non-Production

Mid-Level rack Server

DC

DR

Non-Production

High-Level Rack Server

DC

DR

Non-Production

Database Server

DC

DR

Non-Production

Two-Socket Blade Server- Type 1

DC

DR

Non-Production

Two-Socket Blade Server- Type 2

DC

DR

Non-Production

Note: This annexure is to be submitted by Successful bidder and Bank shall provide the RC configuration for providing the sizing requirement.

Page 64 of 89


ANNEXURE IX

PERFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT/ PERFORMANCE GUARANTEE

(To be stamped in accordance with stamp act)

Ref: Bank Guarantee No.

Date

Dy. General Manager (DBD)


Corporate Office




Madam/Sir,

In accordance with your proposal reference no. OBC/HO/DBD/RFP-CMS/2018-19/11 dated 12.02.2019 M/s______________________________________ having its registered office at ______________________________________________herein after called ‘bidder’) wish to participate in the said proposal for PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION at Oriental Bank of Commerce having its Corporate Office at Plot No. 5, Sector -32, Institutional Area, Gurugram- 122001.

An irrevocable Financial Bank Guarantee (issued by a nationalized / scheduled

commercial Bank) against Earnest Money Deposit amounting to __________ Rupees (in

words)___________valid up to ________________ is required to be submitted by the

bidder, as a condition for participation in the said bid, which amount is liable to be forfeited

on happening of any contingencies mentioned in the proposal document.

M/s_________________________________ having its registered office at

______________ has undertaken in pursuance of their offer to Oriental Bank of

Commerce _____________________________________(hereinafter called as the

beneficiary) dated __________ has expressed its intention to participate in the said

proposal and in terms thereof has approached us and requested us

___________________________ Bank________________________ to issue an

irrevocable financial Bank Guarantee against Earnest Money Deposit amounting to ₹

________valid up to _______________.

We, the ________________________ Bank at _______________________having our

Head office at ____________________therefore Guarantee and undertake to pay

immediately on first written demand by Oriental Bank of Commerce, the amount of

_________________Rupees________________________________________________

Page 65 of 89


________________________________________________________________________

_____________ without any reservation, protest, demur and recourse in case the bidder

fails to comply with any condition of the proposal or any default in violation against the

terms of the bid, without the beneficiary needing to prove or demonstrate reasons for its

such demand. Any such demand made by said beneficiary shall be conclusive and binding

on us irrespective of any dispute or difference raised by the bidder.

This guarantee shall be irrevocable and shall remain valid upto _______________. If any

further extension of this Guarantee is required, the same shall be extended to such

required period (not exceeding one year) on receiving instructions in writing, from

(______________________________________) on whose behalf guarantee is issued.

In witness whereof the Bank, through its authorized officer has set its hand stamped on

this _____________ Day of ______________2019 at __________________

Designation

Bank Seal

Attorney as per Power of Attorney

Page 66 of 89


ANNEXURE X

(On organization’s letter head)

UNDERTAKING BY BIDDER

[Place, Date]

To:

The Dy. General Manager (DBD),

Digital Banking Department


4th Floor, Annexe Building,

Corporate Office,

Plot No. 5, Sector 32,

Institutional Area,

Gurugram – 122001(Haryana)

Dear Sir,

SUB: RFP FOR PROCUREMENT OF COMPOSITE SOLUTION INCLUDING

SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR

PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE

CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION

1. We, the undersigned are duly authorized to represent and act on behalf of [insert] (“Bidder”) in terms of the enclosed Board Resolution at Schedule 1. 2. Having reviewed and fully understood all information provided in the Request for Proposal Document dated [insert] (“RFP”) issued by the Bank, [Bidder] is hereby submitting the Bid. As required we are enclosing the following:

i. Bid as per the RFP ii. Other details and supporting documents (as applicable) in response to the

requirements outlined in the RFP. 3. Our Bid is unconditional, valid and open for acceptance by Bank until 180 days from the last date of submission of the RFP. 4. We undertake that we shall make available to the Bank, any additional information / clarification it may find necessary or require to supplement or authenticate the Bid. 5. We hereby agree, undertake and declare as under: We have examined the RFP document and have no reservations with respect to the

same. Our Bid is, in all respects, compliant with the requirements of the RFP. Without

Page 67 of 89


prejudice to the foregoing, notwithstanding any qualifications or conditions, whether implied or otherwise, contained in our Bid, we hereby represent and confirm that our Bid is unqualified and unconditional and is without any deviations, conditions or any assumptions in all respects.

Notwithstanding any qualifications or conditions, whether implied or otherwise,

contained in our Bid, we hereby agree and undertake to keep this Bid valid and open for acceptance without unilaterally varying or amending its terms for the period, including any extended period, as specified in accordance with the RFP.

We declare that in the event that the Bank discovers anything contrary to our above

declarations, it is empowered to forthwith disqualify us and our Bid. We undertake that in case due to any change in facts or circumstances or

applicable law during the Bidding process, we are disqualified in terms of the RFP, we shall intimate the Bank of the same immediately.

We further declare that we have not been declared ineligible for corrupt or

fraudulent practices in any bid process and have not been blacklisted by any Nationalized Bank or regulatory authority in the past five years.

We confirm that the Bank and its authorized representatives are hereby authorized

to conduct any inquiry or investigation to verify the veracity of the statements, documents, and information submitted in connection with this Bid and to seek clarifications from our employees and clients regarding any financial and technical aspects.

This letter will also serve as authorization to any individual or authorized

representative of any entity referred to in the supporting information, to provide such information deemed necessary and requested by Oriental Bank Of Commerce to verify statements and information provided in this Bid, or with regard to our resources, experience, and competence.

We hereby irrevocably waive any right which we may have at any stage at law or

howsoever otherwise arising to challenge or question any decision taken by the Bank in connection with the selection of the Bidder, or in connection with the Bidding process itself, in respect of the above mentioned Proposed Tie-up and the terms and implementation thereof.

This letter also serves an authority to the Bank to furnish any information related to

the Bidder in relation to the proposed Corporate Agency Arrangement to any Regulatory / Statutory authority in India to which the Bank & its proposed Corporate Agency Arrangement is subjected to.

6. We understand that: All information submitted under this Bid shall remain binding upon us.

The Bank may in their absolute discretion reject or accept any Bid.

We acknowledge the Right of the Bank to reject our Bid without assigning any

reason for the Proposed Tie-up and reject all Proposals otherwise and hereby waive our right to challenge the same on any account whatsoever, in a court of law

Page 68 of 89


or any other institution. Bank is not bound to accept any Bid that it may receive pursuant to the RFP.

7. We acknowledge that the Bank will be relying on the information provided in the Bid and the documents accompanying such Bid for selection of the Bidders and we declare that all statements made by us and all the information pursuant to this letter are complete, true and accurate to the best of our knowledge and belief. 8. We hereby unconditionally undertake and commit to comply with the timelines as specified in terms of the RFP or as extended by the Bank from time to time at its sole discretion. 9. This Bid shall be governed by and construed in all respects according to the laws of India. Courts in Delhi, India, shall have exclusive jurisdiction in relation to any dispute arising from the RFP, this Bid and the Bid process. 10. All the terms used herein but not defined, shall have the meaning as ascribed thereto under the RFP. 11. All the information furnished by us here in above is correct to the best of our knowledge and belief. 12. We have no objection if enquiries are made about the work listed by us in the accompanying sheets / annexure. 13. We agree that the decision of Oriental Bank of Commerce in selection process will be final and binding on us. 14. We confirm that we have not been barred / blacklisted / disqualified by any Regulators / Statutory Body in India and we understand that if any false information is detected at a later date, the assignment shall be cancelled at the discretion of the Bank. 15. We confirm and declare that we have sound business polices, risk framework, ethical values and are a customer friendly organization and shall not do any act which may have the effect of reputational and other losses, damages to the Bank. We confirm that we are complying with the statutes, regulations, guidelines laid down by Card networks/ RBI/ Other regulators. Place: Date: Signature of Applicant: Name & Designation Seal of Organization

Page 69 of 89


ANNEXURE XI

(on Bidders letter head & Principal/ OSD Letter head, as applicable)

SELF DECLARATION ON NOT BEING BLACKLISTED /BARRED/ DISQUALIFIED BY

ANY REGULATOR/ STATUTORY BODY/ ANY BANK/FI/PUBLIC SECTOR COMPANY

Date:

TO WHOMSOEVER IT MAY CONCERN

This is to certify/confirm that [company name] has not been blacklisted / debarred /

disqualified by any Government Department/ Regulator/ Statutory Organization / Public

Sector Companies / Banks/Financial Institutions in India and there is no dispute including

legal dispute with any client with respect to system implementation and its performance.

For [Company name] Signature : Name : Title : Company Stamp

Note: This letter should be on the letter-head of the bidder and should be signed by

a person competent and having the power of attorney to bind the bidder. The bidder

in its Bid should include it.

Page 70 of 89


ANNEXURE XII AUTHORIZATION LETTER FORMAT

(On organization’s letter head)

For Envelop “C”

Place: Date:

To

Dy General Manager, Digital Banking Deptt Oriental Bank of Commerce Corporate Office Plot No. 5, Sec 32 Gurugram 122001

Dear Sir,

SUB: Authorization Letter for attending the Pre-bid meeting and Bid Opening.

REF: YOUR RFP NO: OBC/HO/DBD/RFP-CMS/2018-19/11 Dated: 12.02.2019

This has reference to our above RFP for PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION, Mr. / Ms. _______________ is hereby authorized to attend the Pre-bid meeting & Bid opening of the subject RFP _____________ on _____________ on behalf of our organization.

The specimen signature is attested below: Specimen Signature of Mr./Ms Signature of Authorizing Authority Signature of Attesting Authority

Name and designation of Authorizing Authority

Attested photograph of the

Authorized Representative

Page 71 of 89


ANNEXURE-XIII

COMMERCIAL BID FORMAT (To be submitted online only)

The commercial Bid shall be submitted Online only as per the below mentioned line items and the prices shall be quoted on per unit basis: Sl. Particulars Unit Cost

(in INR) A

Quantity (Nos.)

B

Benchmark

C

Total Cost/ Amount

(in INR)**

1. License/ application cost 1 1 2. Solution Implementation

Cost 1 1

3. Solution Integration cost SMS & E-Mail

Gateway 1 1

Core Banking Solution 1 1 Integration with third

parties/ payment system, if any, per integration cost

5 1

4. Additional Customization Effort - The Bidders have to provide the man day rate applicable across the contract period. (Cost per man day - Blended rate)

1 200

5. Annual Technical Support (ATS) Cost (Percentage of License/ application cost to be quoted in actual amount, which shall be reverse calculated as a %age)

1 6

6. Level 1 Support (Rate/ resource p.a.)*

7

7. Level 2 Support (Rate/ resource p.a.)*

7

*In case of Level 1 & Level 2 support, the bidder is required to quote the number of resources required for system maintenance apart from the per annum rates. **Total Cost/ Amount is arrived by multiplying (A*B*C) Note:

1. The benchmark volume has been indicated for arriving at the TCO over a period of 7 years (Initial 5 years & extension provision of 2 years). The volume provided is estimated volume and the same is not binding on the Bank to achieve such volume or any upward change in commercials due to surpassing the benchmark volume.

2. The “Additional Customization Effort” has been included in TCO only for the arriving at the per man day rate and the same will be part of the Purchase order as Per man day effort rate. However, as per clause no. 1.7.10 in the RFP, the bidder has to provide for 200 man day effort at no additional cost as to the extent of the clause.

3. The prices are exclusive of all i.e. taxes, duties etc. There should not be any separate incidental/ travel/ any other hidden charges. Applicable TDS shall be deducted.

4. The bidder has to submit the commercial bid only in the above format. Any other format would be summarily rejected at the time of opening the bid.

Page 72 of 89


ANNEXURE-XIV

LETTER OF AUTHORITY FOR PARTICIPATION IN REVERSE AUCTION

To,

Dy. General Manager

Digital banking Department,


Corporate Office,

Gurgaon-122001

1. We ______________________ (name of the company) have submitted our bid for

participating in Bank’s RFP reference no. OBC/HO/DBD/RFP-CMS/2018-19/11

dated 12.02.2019 For PROCUREMENT OF COMPOSITE SOLUTION INCLUDING

SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR

PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE

CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND

UPGRADATION.

2. We also confirm having read and understood the terms of RFP as well as the

Business Rules relating to the Reverse Auction for this RFP process.

3. As per the terms of RFP and Business rules, we nominate Mr./ Ms.

______________, designated as ______________ of our company to participate in

the Reverse Auction.

4. We accordingly authorize Bank and / or the auction company to issue user ID and

password to the above named official of the company.

5. Both Bank and the auction company shall contact the above named official for any

and all matters relating to the Reverse Auction.

6. We, hereby confirm that we will honor the Bids placed by Mr./ Ms. __________ on

behalf of the company in the auction process, failing which we will forfeit the EMD.

We agree and understand that the bank may debar us from participating in future

tenders for any such failure on our part.

Signature with company seal

Name –

Designation within Company / Organization –

Company / Organization –

Address of Company / Organization –

Date :

Name of Authorized Representative: ______________________

Designation of Authorized Representative: _________________

Signature of Authorized Representative: ___________________

Verified above signature

Signature of Verifying Authority: _________________________

Date: ________________

Page 73 of 89


Annexure XV

BUSINESS RULES FOR REVERSE AUCTION

1. APPLICABILITY:

1.1 Reverse Auctions are carried out under the framework of rules that are called

Business Rules.

1.2 All vendors participating in Reverse Auction shall understand/accept and give an

undertaking for compliance with the same to the Bank in the prescribed format.

1.3 Any vendor not willing to submit such an undertaking shall be disqualified for further

participation in the e-procurement process in question.

2. COMPLIANCE/CONFIRMATION FROM VENDORS:

2.1 The vendors participating in Reverse Auction shall submit the following documents

duly signed by the same Competent Authority who signs the offer document in

response to the RFP:

2.1.1 Agreement between service provider and vendor. (This format will be given

by the service provider prior to Reverse Auction.)

2.1.2 Letter of authority authorizing the official/s to take part in Reverse Auction as

per format in Annexure XIV.

3. TRAINING TO BIDDERS:

3.1 The Bank will facilitate training for participation in Reverse Auction either on its own

or through the service provider for the Reverse Auction.

3.2 On request where necessary, the Bank/service provider may also conduct a ‘mock

reverse auction’ to familiarize the vendors with Reverse Auction process.

3.3 Any vendor/bidder not participating in training and/or ‘mock reverse auction’ shall

do so at his own risk and it shall not be open for him to make any request /

complaint / grievance later.

3.4 Each vendor / bidder shall participate in the training at his / their own cost.

3.5 The Venue, Date, Time etc. for training in Reverse Auction shall be advised at the

appropriate time.

3.6 No request for postponement/fixing of Training Date/Time shall be entertained

which in the sole view and discretion of the Bank might result in any avoidable

delay to either the Reverse Auction or the whole process of selection of vendor.

4. DATE/TIME OF REVERSE AUCTION:

4.1 The Date and Time of commencement of Reverse Auction as also Duration of

‘Reverse Auction Time’ shall be communicated at least 2 working Days prior to

such auction Date.

4.2 Any force majeure or other condition leading to postponement of auction shall

entitle the Bank to postponement of auction even after communication, but the

Bank shall be obliged to communicate to all participating vendors the

‘postponement’ prior to commencement of such ‘Reverse Auction’.

Page 74 of 89


5. CONDUCT OF REVERSE AUCTION:

5.1 The Reverse Auction shall be conducted on a specific web portal meant for this

purpose.

5.2 The Reverse Auction may be conducted by the Bank itself or through a service

provider specifically identified/appointed/empanelled by the Bank.

6. PROXY BID:

6.1 Through proxy bid provision in the Reverse Auction process the bidder can feed in

the system directly in strict confidence the initial quote and the lowest bid amount

up to which it intends to quote. The system automatically will keep his quote

decreasing by specified decremental amount as soon as some other bidder quotes

amount lower than proxy bidder’s last quote. This obviates the need for him

participating in the bidding process until the proxy bid amount is decrementally

reached by other bidders.

6.2 When proxy bid amount is reached, the vendor has an option to revise the proxy bid

amount or he can prefer to start participating in bidding process.

6.3 The service provider will clarify the proxy bidding in detail during training.

7. TRANSPARENCY IN BIDS:

7.1 All bidders will be able to view during the auction time the current lowest price in

portal. Bidder shall be able to view not only the lowest bid but also the last bid made

by him at any point of time during the auction time.

8. MASKING OF NAMES:

8.1 Names of bidders / vendors shall be masked in the Reverse Auction process and

vendors will be given suitable dummy names.

8.2 After completion of Reverse Auction, the service provider / auctioneer shall submit

a report to the Bank with all details of bid and the original names of the bidders as

also the L1 bidder with his / their original names.

9. START PRICE:

9.1 Reverse Auction process shall commence at and after electronically loading the

“START-UP PRICE” on the basis of lowest TCO arrived at after evaluation of

commercial bids or lesser than the lowest TCO arrived as evaluated by the Bank

10. DECREMENTAL BID VALUE

10.1 The vendors shall be able to bid only at a specified decrement value or multiple

thereof and not at any other fractions. The Bid decrement value for each line item or

for composite value shall be decided by the Competent Authority depending upon

the nature and the value of equipment being procured.

10.2 For the sake of convenience of vendors, the web portal shall display the next

possible decremental value of bid. It is not, however, obligatory on the part of

vendors to bid at the next immediate lower level only. (That is, bids can be even at

2 or 3 lower levels than the immediate lower level.)

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11. REVERSE AUCTION PROCESS:

11.1 In order to reduce the time involved in the procurement process, Bank shall be

entitled to complete the entire procurement process through a single Reverse

Auction or in multiple Reverse Auctions by splitting the items of bill of material in

different lots.

11.2 The Bank shall however, be entitled to cancel the Reverse Auction process, if in

its view procurement or Reverse Auction process cannot be conducted in a fair

manner and / or in the interest of the Bank.

11.3 The successful vendor shall be obliged to provide a Bill of Material at the last bid

price at the close of auction.

12. CHANGES IN BUSINESS RULES:

12.1 Any change in Business Rules as may become emergent and based on the

experience gained may be made by the Bank.

12.2 Any / all changes made in Business Rules shall be uploaded in the Website of the

Bank www.obcindia.co.in immediately.

12.3 If any reverse auction process has commenced and a change is made in Business

Rules, it shall be informed immediately to each vendor / bidder participating in the

Reverse Auction and his concurrence to / acceptance of the change shall be

obtained in writing by the Bank.

13. DON’TS APPLICABLE TO THE BIDDER / VENDORS:

13.1 No vendor shall involve himself / itself or any of his / its representatives in any price

manipulation directly or indirectly with other bidders. If any such practice comes to

the notice, Bank shall disqualify the vendor / bidders concerned from the e-

Procurement process.

13.2 Bidder shall not disclose details of his bids or any other details concerning Reverse

Auction process of the Bank to any other third party without specific permission in

writing from the Bank.

13.3 Neither Bank nor service provider / auctioneer can be held responsible for

consequential damages such as no power supply, system problem, inability to use

the system, loss of electronic information, power interruptions, UPS failure, etc. at

vendors’ place. (Bank shall, however, entertain any such issues of interruptions,

problems with open mind and fair degree of transparency in the process before

deciding to stop or extend the auction.)

14. ERRORS AND OMISSIONS:

14.1 On any issue or area of material concern respecting e-Procurement not specifically

dealt with in these Business Rules, the decision of the bank shall be final and binding

on all concerned.

http://www.obcindia.co.in/

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Annexure XVI

NON DISCLOSURE AGREEMENT (NDA)

This NON DISCLOSURE AGREEMENT (the “Agreement”) entered into on this

__________ day of ___________________, ______________ to be effective from

_____________, by and between:

____________________, a company incorporated under the Companies Act, 2013

through its Authorized Signatory; and having its registered office at

__________________________________________________________ (hereinafter

referred to as the “______________________", which expression shall unless it be

repugnant to the context or meaning thereof mean and include its successors and

assigns) of the One Part;

AND

Oriental Bank of Commerce a body corporate constituted under the Banking Companies

(Acquisition and Transfer of Undertakings) Act, 1980 (Act 40 of 1980) through its

Authorised Signatory; and having license to carry on the business of a commercial bank

under the Banking Regulation Act, having its registered office at Harsha Bhawan, E-Block,

Connaught Place, New Delhi – 110 001 and having its corporate office at Plot No. 5,

sector – 32, Gurgaon – 122 001, Haryana; (hereinafter referred to as the "OBC/Bank”,

which expression shall unless it be repugnant to the subject or context or meaning thereof

mean and include its successors and assigns) of the Other Part.

OBC and the ________________ shall hereinafter collectively be referred to as the

"Parties" and individually as a "Party".

In this Agreement, “Affiliate” means any entity which from time to time Controls/is

Controlled by or is under common Control with the relevant party or entity, where “Control”

means having the ability (including, without limitation, by means of a majority of voting

rights or the right to appoint or remove a majority of the board of directors) to control the

management and policies of an entity.

WHEREAS:-

Vendor provides inter alia

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

____________, as detailed in “________________ agreement” dated ______________ .

The Parties herein have agreed to disclose, transmit, receive, and/or exchange certain

“confidential information” for the purpose of evaluating, preparing, considering, negotiating

a potential business prospect (“the Purpose”) more particularly described in “Addendum

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agreement” dated ______________ 2019 to the “___________________ Agreement”

dated _______________________, written hereunder and annexed hereto.

NOW THIS AGREEMENT WITNESSETH:

1. Interpretation:

In this Agreement “Confidential Information” means all proprietary and confidential

information belonging to a Party that is or has been disclosed to one Party (the “Recipient

Party”) by the other Party (the “Disclosing Party”) and marked as confidential when

disclosed in writing and when disclosed orally, identified as confidential at the time of

disclosure and submitted in writing to the Recipient Party within 7 days of such disclosure.

Confidential Information does not include information which:

i. is publicly available at the time of its disclosure; or

ii. becomes publicly available following disclosure; or

iii. is already known to or was in the possession of Recipient Party prior to disclosure

under this Agreement; or

iv. is disclosed to the Recipient Party from a third party, which party is not bound by any

obligation of confidentiality; or

v. is or has been independently developed by the Recipient Party without using the

Confidential Information;

vi. is disclosed with the prior consent of the Disclosing Party.

2. Confidentiality:

2.01 The Recipient Party agrees to regard, preserve and keep as secret and confidential

all Confidential Information of the Disclosing Party or its clients or any member of their

group disclosed under this Agreement. In maintaining confidentiality hereunder the

Recipient Party agrees and accepts that it shall not, either on its own account or jointly

with or for any other person, firm, company or any other entity, without obtaining the

written consent of the disclosing party;

i) disclose, transmit, reproduce or make available any such Confidential Information to

any person firm, company or any other entity other than its directors, partners,

advisers, agents or employees, who need to know the same for the purpose of

evaluating, preparing, considering, negotiating, advising in relation to or in furtherance

of the purpose aforesaid; or

ii) use the Confidential Information for any purpose other than evaluating, preparing,

considering, negotiating, advising in relation to or in furtherance of the purpose for

which it is disclosed; or

iii) disclose, announce or otherwise publicize the existence of its association with the

Disclosing Party or the existence of the project with the Disclosing Party or any other

arrangement (existing or possible) between the disclosing party, its clients or itself in

connection with any project/assignment; or

iv) use any such Confidential Information for its own benefit or the benefit of others or do

anything prejudicial to the interests of the Disclosing Party or its clients or any member

of their group or their projects.

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2.02 The Recipient Party also agrees and accepts that it shall:

i) use at least the same degree of care in safeguarding such Confidential Information as

it uses for its own Confidential information of like importance and such degree of care

shall be at least that which is reasonably calculated to prevent such inadvertent

disclosure;

ii) keep the Confidential Information and any copies thereof secure and in such a way so

as to prevent unauthorised access by any third party;

iii) limit access to such Confidential Information to those of its (including its Affiliates’)

directors, partners, advisers, agents or employees who are directly involved in the

consideration/evaluation of the Confidential Information and bind each of its directors,

partners, advisers, agents or employees so involved to protect the Confidential

Information in the manner prescribed in this Agreement; and

iv) upon discovery of any disclosure or suspected disclosure of Confidential Information,

to promptly inform the Disclosing Party of such disclosure in writing and immediately

return to the Disclosing Party all such Information, in whatsoever form, including any

and all copies thereof.

3. Return or destruction:

The Recipient Party shall, upon completion of the purpose mentioned aforesaid or at

any time on receipt of a written demand from the disclosing party:

i) immediately return all written Confidential Information and all copies thereof

provided to, or produced by, it or its advisers, as the case may be, which is in such

party’s possession or under its custody and control;

ii) to the extent practicable, but without prejudice to the obligations of confidentiality

herein, immediately destroy all analyses, compilations, notes, studies, memoranda

or other documents prepared by it or its advisers to the extent that the same

contain, reflect or derive from Confidential Information relating to the other party;

iii) so far as it is practicable to do so (but, in any event, without prejudice to the

obligations of confidentiality contained in this Agreement), immediately expunge

any Confidential Information relating to the Disclosing Party or its clients or any

member of their group or their projects from any computer, word processor or other

device in its possession or under its custody and control.

4. Permitted disclosure:

The provisions of paragraph 2 shall not restrict any disclosure required by law or by

any court of competent jurisdiction or any enquiry or investigation by any

governmental, official or regulatory body which is lawfully entitled to require any such

disclosure provided that, so far as it is lawful and practical to do so prior to such

disclosure, the Recipient Party shall promptly notify the other party of such

requirement with a view to providing the opportunity for the Provider to contest such

disclosure or otherwise to agree the timing and content of such disclosure.

Notwithstanding any other provision of this Agreement, neither Party and its Affiliates

will not be prevented or restricted by this Agreement from using any technique, idea,

concepts or know-how relating to other Party’s or its Affiliates’ business activities.

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5. Ownership of Information:

The Confidential Information and copies thereof, in whatsoever form shall at all times

remain the property of the Disclosing Party or its clients and its disclosure shall not

confer on the Recipient Party any rights (including any intellectual property rights) over

the Confidential Information whatsoever beyond those contained in this Agreement.

6. No Representation:

Neither the disclosure, transmission receipt or exchange of Confidential Information nor

anything else in this Agreement will constitute an offer by or on behalf of the Disclosing

Party or be construed as soliciting any business or organization changes or any

assurance of any business commitment or an inducement to incur / undertake any

obligations not specified herein and neither party will be under any obligation to accept

any offer or proposal which may be made by the other or on behalf of such other party.

7. Remedies and Relief:

The parties hereto acknowledge that remedies at law may be inadequate to protect the

Disclosing Party or its clients against any actual or threatened breach of this

Agreement by the Recipient Party, and, without prejudice to any other right and

remedies otherwise available to the Disclosing Party or its clients, the Recipient Party

agrees that Disclosing Party has a right to seek injunctive relief in its favour upon proof

of actual damage.

8. No Assignment:

This Agreement shall not be assigned by either party, by operation of law or

otherwise, without the prior written consent of the other party. This Agreement shall

inure to the benefit of and will be binding upon the parties’ respective successors and

permitted assigns.

9. Severability:

In the event that any of the provisions contained in this Agreement is found to be

invalid, illegal or unenforceable in any respect by a Court of competent jurisdiction,

the validity, legality, or enforceability of the remaining provisions contained in this

agreement will not be in any way affected or impaired by such a finding.

10. Delay or Waiver:

No delay or failure of either Party in exercising any right hereunder and no partial or

single exercise thereof shall be deemed of itself to constitute a waiver or an

expectation of non-enforcement of such right or any other rights hereunder. No

waiver of any provision of this Agreement shall be valid unless the same is in writing

and signed by the party against whom such waiver is sought to be enforced. A waiver

or consent given by either party on any one occasion is effective only in that instance

and will not be construed as a bar to or waiver of any right on any other occasion.

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11. Notices:

All notices, requests, demands, waivers and other communications required or

permitted to be given under the Agreement shall be in writing through email or postal

mail/courier to be sent to the following addresses:

For Vendor:

____________________________

____________________________

____________________________

For Bank:

General Manager,

Fee Based Income Department, Corporate Office,

Oriental Bank of Commerce, Plot no. 5,

Sector 32, Institutional Area,

Gurgaon 122001, Haryana

12. Dispute Resolution & Governing Law:

All the disputes are to be decided by a competent court of Jurisdiction at New Delhi. Neither Party shall seek to resist the enforcement of any award in India on the basis that award is not subject to such provisions. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be under the exclusive jurisdiction of the Courts at Delhi.

13. Term

This Agreement shall be in force from Effective Date and shall remain in force until

terminated by either Party in accordance with the provisions of the

“___________________ agreement” dated ______________ executed between the

parties.

14. Entire Agreement:

This Agreement, including all Annexures, Exhibits and Schedules (if any) attached hereto,

shall constitute the entire agreement amongst the parties hereto. It shall supersede all

prior or contemporaneous oral or written communications, proposals, conditions,

representations and warranties and prevails over any conflicting or additional terms of any

quote, order, acknowledgement or other communication between the parties relating to its

subject matter during the term of this Agreement.

15. Headings:

The headings given herein above are for ease of reference only and shall not attach or

have any effect/ meaning whatsoever contrary to what is stated in the agreement.

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16. Counterparts:

This Agreement has been signed in duplicate, each of which shall be deemed to be an

original. The exchange of a fully executed Agreement (in counterparts or otherwise) by fax

shall be sufficient to bind the parties to the terms and conditions of this Agreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT

TO BE EXECUTED BY THEIR AUTHORIZED REPRESENTATIVES ON THIS ______

DAY OF ____ _____ 2019.

Signed and delivered by Signed and delivered by

On Behalf of the

________________________________

Authorized Signatory

Name:

Designation:

Witness:

Name:

Designation:

On Behalf of Oriental Bank of Commerce

__________________________________

Authorized Signatory

Name:

Designation:

Witness:

Name:

Designation:

Page 82 of 89


ANNEXURE-XVII

PROFORMA FOR PERFORMANCE BANK GUARANTEE


Corporate Office

2nd Floor, Plot No-5,



In consideration of Oriental Bank of Commerce (hereinafter called “OBC”) having its office at the aforesaid address, having agreed to purchase/engage PROCUREMENT OF COMPOSITE SOLUTION INCLUDING SOFTWARE APPLICATION FOR CASH MANAGEMENT SERVICES (CMS) FOR PAYABLE & RECEIVABLE MANAGEMENT SERVICES FOR CORPORATE CUSTOMERS AND ITS MAINTENANCE, CUSTOMIZATION AND UPGRADATION from _____________________ having its office at ___________________ (hereinafter called “the said Supplier/Vendor/Vendor)” under the terms and conditions of an Agreement dated ______ (hereinafter called “the said Agreement”). Towards the security for the due fulfillment of the terms and conditions contained in the said Agreement, it has been agreed by the said Supplier/Vendor/Vendor shall provide a Bank Guarantee for _______ (Rupees ________ only). We ____________ (indicate the name of the Bank) (hereinafter referred to as “the Bank”) at the request of _______________ (Supplier/Vendor/Vendor) do hereby undertake and guarantee to pay to OBC an amount not exceeding ₹ ________ (either in lump sum or in parts) against any loss or damage caused to or suffered or would be caused to or suffered by OBC by reason of any breach by the said Supplier/Vendor/Vendor of any of the terms or conditions contained in the said Agreement. Unless repugnant to the context or meaning there of, expressions, Bank, Supplier/Vendor/Vendor, Bank shall mean and include their heirs, representatives, successors, executors, administrators, assigns, etc., as may be applicable, 1. The Bank does hereby undertakes to pay the amount(s) due and payable under the

guarantee without any demur, merely on a demand from the OBC stating that the amount(s) claimed is/are due by way of loss or damage caused to or would be caused to or suffered by OBC by reason of breach by the said Supplier/Vendor/Vendor of any of the terms or conditions contained in the said Agreement or by reason of the Supplier/Vendor/Vendor failure to perform its obligations under the said Agreement. Any such demand made by OBC on the Bank shall be conclusive as regards the amount(s) due and payable by the Bank under this guarantee, whether made in one go or in parts. However, Bank’s liability under this guarantee shall in totality be restricted to an amount not exceeding ₹_________, whether or not invoked or if invoked, in part or otherwise.

2. The Bank undertakes to pay OBC any money so demanded notwithstanding any dispute or disputes raised by the Supplier/Vendor/Contractor(s) or any suit or proceedings pending before any Court or Tribunal relating thereto. Thereby meaning that Bank’s liability under the present guarantee shall be absolute and unequivocal in any circumstances what so ever, if called upon to pay by the Purchaser. However our liability shall not exceed in ₹___________ (in words)

3. The Bank further agrees that the guarantee herein contained shall remain in full force

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and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues and or advances made by OBC under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till _________, OBC certifies in writing that the terms and conditions of the said Agreement have been fully and properly carried out by the said Supplier/Vendor/Vendor and accordingly OBC discharges this guarantee, either in writing or by returning the Original Guarantee Bond or till its expiry whichever is earlier to the Bank.

4. The Bank before the release of the Bank Guarantee Bond in original by OBC and before the expiry of this guarantee, as per clause 3 of this Guarantee Bond, may renew this guarantee for the same period as was initially requested upon for this guarantee or for any shorter period, at the option of OBC, under intimation to the vendor.

5. The Bank further agrees with OBC that OBC shall have the fullest liberty without Bank’s or Supplier/Vendor/Vendor consent and without affecting in any manner Bank’s obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Supplier/Vendor/Vendor from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Supplier/Vendor/Vendor and to forbear or 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 any such variation, or extension being granted to the said Supplier/Vendor/Vendor or for any forbearance, act or omission on the part of the Purchaser or any indulgence by OBC to the said Supplier/Vendor/Vendor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving the Bank, in any manner what so ever.

6. This guarantee will not be discharged during its currency due to the change in the constitution of either the Bank or OBC or the Supplier/Vendor/Vendor, in any manner what so ever.

7. The Bank lastly undertakes not to revoke this guarantee during its currency or extensions thereof, except with the previous consent of OBC, in writing or otherwise than as is provided in this Guarantee.

8. The Bank also agrees that OBC at its option shall be entitled to enforce this Guarantee against the Bank as its principal debtor in first instance without proceeding against the said Supplier/Vendor/Vendor, and notwithstanding any security or other guarantees that OBC may have in relation to or in relation to the Supplier/Vendor/Vendor liabilities from time to time, as this guarantee constitutes a separate, distinct and independent contract between the Bank and OBC.

9. Any officer of OBC of the rank of Senior Manager or above, duly authorized in this regard, shall be competent to issue demand/notice or to issue any appropriate instructions, as the circumstances may warrant, to the Bank under this Guarantee, which the Bank shall have to comply immediately and forthwith, without raising any dispute or question/s in regard there to, in any manner what so ever.

Notwithstanding anything contained hereinabove: Note: Format shall be confirmed by OBC again before submission by the Vendor.

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Annexure-XVIII

PRE CONTRACT INTEGRITY PACT

General

This pre-bid pre-contract Agreement (hereinafter called the integrity pact is made on day of the month of 2019, between, on one hand, Oriental Bank of Commerce, acting through Shri , _, Oriental Bank of Commerce, Government of India Undertaking (hereinafter called the “BUYER” which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the first part and M/s represented by Shri , authorized signatory of M/s -------------(hereinafter called the “BIDDER/SELLER” which expression shall mean and include, unless the context otherwise requires , his successors and permitted assigns )of the second part .

WHEREAS the BUYER proposes to procure (Name of the Store /Equipment /item and the

BIDDER /SELLER is willing to offer /has offered the store and

WHEREAS the BIDDER is a private company/public company/Government / undertaking/partnership/ registered export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Government of India, PSU Bank.

Now, THEREFORE,

To avoid all forms of corruption by following a system that is fair , transparent and free from any influence /prejudiced dealings prior to, during and subsequent to the currency of

the contract to be entered into with a view to:-

Enabling the BUYER to obtain the desired said store/equipment at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary

impact of corruption on public procurement, and

Enabling the BIDDERS to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent

corruption, in any form, by its officials by following transparent procedures .

The parties hereby agree to enter into this integrity pact and agree as follows:-

1. Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract, will demand, take a promise for or accept directly or accept, directly or through intermediaries, any bribe, consideration, gift, reward favor or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation contracting or implementation process related to the contract. 1.2 The BUYER will, during the pre- contract stage treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.

Page 85 of 89


1.3 All the officials of the BUYER will report to the appropriate Government office any attempted or completed breaches of the above commitment as well as any substantial

suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official (s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract would not be stalled.

3. Commitment of BIDDERS

The BIDDERs commit itself to all take all measures necessary to prevent corrupt practices, unfair means and illegal activates during any stage of its bid or during any pre-

contract or post- contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:-

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation

contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material benefit or other advantage commission fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the contract forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or for bearing to show favor or disfavor to any person in relation

to the contract or any other contract with the Government.

3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.

3.4 BIDDERs shall disclose the payment to be made by them to agents/brokerage or

any other intermediary, in connection with this bid/contract.

3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/integrator/authorized Government sponsored export entity of the defense stores and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its

functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor has such any amount been paid promised or intended to be paid to any such Individual, firm or company in respect of any such intercession, facilitation or

recommendation.

3.6 The BIDDER, either while presenting the bid or during pre- contract negotiations or before signing the contract shall disclose any payment he has made, is committed to or intends to make to officials of the BUYER or their family members agents, brokers or any other intermediaries in connection with the contract details or/and the services agreed upon for such payments.

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3.7 The bidder will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation contracting and

implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt

practice, unfair means and illegal activities.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to other, any information provided by the BUYER as part of the business deal, relationship regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.

3.10 The BIDDER commits to refrain from giving any complaint directly or through

any other manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any

of the action mentioned above.

3.12 The BIDDER will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any kind of favour whatsoever during the tender process or during the execution of the contract.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three year immediately before signing of this integrity pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any public sector enterprise in India or any government Department in India that justify BIDDER’S exclusion from the

tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender propose or the contract, if already awarded. Can be terminated for such reason.

5. Earnest money (security deposit )

5.1 While submitting commercial bid, the BIDDER shall deposit an amount_ (as specified in RFP) as Earnest money/security, with the BUYER through any of the

following instruments:-

(i) Bank draft or a pay order in favor of

(ii) A confirmed guarantee by an Indian nationalized bank, promising payment of the guaranteed sum to the BUYER on demand within three working days without any demur whatsoever and without seeking any reasons whatsoever .the demand for payment by the BUYER shall be treated as conclusive proof of payment.

(iii) Any other mode or through any other instrument (to be specified in the RFP).

5.2 The Earnest money / Security deposit shall be valid up to a period of five years or the complete conclusion of the contractual obligations to the complete satisfaction of both

the BIDDER and the BUYER, including warranty period, whichever is later.

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5.3 In case of the successful BIDDER a clause would also be incorporated in the article pertaining to performance bond in the purchase contract that the provisions of sanction for violation shall be applicable for, forfeiture of performance bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this pact.

5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest

Money/Security Deposit for the period of its currency.

6. Sanctions for violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one Employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required:

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceeding

with the other BIDDER(s) would continue. (ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit

/Performance bond (after the contract is signed shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.

(iv) To recover all sum already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR . If any outstanding payment is due to the BIDDER from the BUYER in outstanding payment could also be utilized to recover the aforesaid sum and interest.

(v) To encase the advance bank guarantee and performance bond / warranty bond, if furnished by the BIDDER in order to recover the payments, already made by the BIDDER, along with interest.

(vi) To cancel all or any other contracts with the BIDDER, the BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/ rescission and the BUYER shall be entitled to deduct the amount so payable from the money (s) due to the BIDDER.

(vii) To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five year, which may be further extended at the discretion of the Buyer

(viii) To recover all sum paid in violation of this pact by bidder (s) to any middleman or agent or broker with a view to securing the contract.

(ix) In case where irrevocable letters of credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be

opened. (x) Forfeiture of performance bond in case of a decision by the BUYER to

forfeit the same without assigning any reason for imposing sanction for violation of this pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at Para 6.1(i) to (x) of this pact also on the commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence

as defined in chapter IX of the Indian penal code, 1860 or prevention of corruption.

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6.3 The decision of the BUYER to the effect that breach of the provisions of this pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the independent monitor (s) appointed for the

purpose of this pact.

7. Fall Clause

The BIDDER undertakes that it shall not supply identical solution(s)(For Digital Banking Department/ Fee Based Income Department)/ products/ services (for other departments) in comparable business circumstances at a price lower than that offered in the present bid in respect of any other Public Sector Bank in India and if it is found that within one year after the signing of contract that identical solution(s) is supplied by the BIDDER to any other Public Sector Bank in India at a lower price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the

BIDDER to the BUYER, if the contract has already been concluded.

8. Independent Monitors

8.1 The BUYER has appointed Independent Monitors (here either referred to as

Monitors) for this pact in consolation with the central vigilance commission.

8.2 The task of the Monitors shall be to review Independent and objectively, whether and to what extent the parties comply with the obligations under this pact.

8.3 The Monitors shall not be subject to instruction by the representatives of the parties

and perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the access all the documents

relating to the project/procurement, including minutes of meeting.

8.5 As soon as the monitor notice, or has reason to believe, a violation of this pact, he will so inform the Authority designated by the BUYER.

8.6 The BIDDER (s) accepts that the Monitor has the right to access without restriction to all project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to subcontractors. The monitor shall be under contractual obligation to treat

the information and documents of the BIDDER/subcontractor(s) with confidentiality.

8.7 The BIDDER will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties the parties will offer to the monitor the option

to participate in such meetings.

8.8 The monitor will submit a written report to the designated Authority of BUYER / Secretary in the Department/ within 8 to 10 weeks from the date of reference or intimation to him by the BUYER / BIDDER and, should the occasion arise, submit proposals

for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provision of this pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary

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information and documents in English and shall extend all possible help for the purpose of such examination.

10. Law and place of jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the

seat of the BUYER.

11. Other Legal Actions

The actions stipulated in this Integrity pact are without prejudice to any other legal action that may follow in accordance with provisions of the extent law in force relating to any civil or criminal proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of this signing and extend up to

5 years or the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/SELLER, including warranty period, whichever is later, In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing

of the contract.

12.2 Should one or several provisions of this Pact turn out to be invalid, the reminder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

13. The BIDDER undertakes that he shall not approach the Court while representing the matter to External Independent Monitors (IEMs) and he will await their decision in the

matter within a time ceiling of 90 days.

14. The parties hereby sign this Integrity Pact at _________ on ________2019

BUYER BIDDER

Name of the Officer Authorized Signatory

Designation


Witness Witness

1. _______________________ 1. ______________________

2. _______________________ 2. ______________________