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    REQUEST FOR PROPOSAL

    FOR PROCUREMENT, INSTALLATION AND COMMISSIONINGOF VIDEO CONFERENCING AND AUDIO-VIDEO SOLUTION

    Ref: BOI:HO:IT:VC-AV:0001 Dated: 20.12.2012

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    PART 1: INVITATION TO BID

    This Request For Proposal (RFP) is to invite proposals from Bidders (SystemIntegrators) for procurement, installation and commissioning of Audio-video andVideo Conferencing Solution at identified locations of Bank of India (BANK). TheBidder could be a System Integrator or a manufacturer of Audio-video Equipmentand Video Conferencing Equipment. Detailed technical and functionalspecifications of the total solution have been given in PART 5 of this document.

    The proposed Total Video Conferencing and Audio Solution comprises of thefollowing:

    1. Procurement, installation and commissioning of High Definition VideoConferencing Equipment, Audio Video equipment and peripherals forBanks New building at BKC, Mumbai.

    2. Locations-Detailed address es given in A nnexu re X.3. List of the requirement is given in Part 5 of this RFP.4. Facility Management at New Building, BKC with on-site Facility

    Management Professionals (One Professional) between 8.00 a.m. to 8.00p.m. with staggering duty.

    5. Warranty(Three Years) + AMC for a period of five years for all locations.

    6. The location wise details of equipment are as under:

    The Bidding Document may be obtained from the Bank as under or downloadedfrom Banks Websitehttp://www.bankofindia.co.in/tenders and the bid should besubmitted to the office of Bank Of India , Information Technology Department,Head office, Star House, C-5, G-Block, 8th Floor, West Wing Bandra KurlaComplex, Bandra (East) Mumbai400 051.

    For queries and clarification regarding the RFP please feel free to contact

    us on the above mentioned address or telephone number or e-mail id.

    Please note that all the information desired needs to be provided.Incomplete information may lead to non-selection.

    All Bids must be accompanied by Bid Security as specified in the Biddocument.

    A non refundable bid amount of Rs. 1,00,000/- to be paid by means of ademand draft / pay order favoring "RFP- Procurement, Installation andCommissioning of Video Conferencing and Audio-Video Solution

    http://www.bankofindia.co.in/tendershttp://www.bankofindia.co.in/tendershttp://www.bankofindia.co.in/tenders
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    payable in Mumbai. If bid downloaded from website, the cost of the bid

    may be paid along with the technical bid in a separate envelope.

    Bank reserves the right to change the dates mentioned above or in theRFP, which will be communicated.

    Date and Time of commencementof inspection / Sale of BidDocument

    20/12/2012

    Last date for requesting anyclarification

    26/12/2012 UPTO 03.00 pm.

    Pre - bid Meeting at Head Office,

    IT Department, BKC, Mumbai 51

    27/12/2012 from 10.30 am to 12.30 pm.

    Last Date and Time for Receipt ofBids at Bank of India(Address asgiven below)

    15/01/2013 by 3.00 p.m. on that day.

    Date and Time of opening ofTechnical Bids

    15/01/2013,12.00 p.m.

    Date and time of opening of PriceBids / reverse auction

    Will be advised separately.

    Contact Person Shri Ashutosh MishraAssistant General Manager

    Shri Vijay G Sawant, Senior ManagerAddress for Communication andsubmission of bid.

    The Deputy General ManagerInformation Technology Department,8thFloor, Star House, C-5, G-Block,Bandra Kurla Complex,Bandra East, Mumbai400 051.Phone Numbers: 0226668 4860 / 75Fax Number: 0226668 4890Email:[email protected]@bankofindia.co.in

    Bid Document Availability Bidding document can be downloadedfrom website

    mailto:[email protected]:[email protected]:[email protected]:[email protected]
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    PART2 DISCLAIMER

    The information contained in this Request for Proposal (RFP) document or

    information provided subsequently to bidder(s) or applicants whether verbally or

    in documentary form by or on behalf of Bank of India (Bank), is provided to the

    bidder(s) on the terms and conditions set out in this RFP document and all other

    terms and conditions subject to which such information is provided.

    This RFP is neither an agreement nor an offer and is only an invitation by Bank

    to the interested parties for submission of bids. The purpose of this RFP is to

    provide the bidder(s) with information to assist the formulation of their proposals.

    This RFP does not claim to contain all the information each bidder may require.

    Each bidder should conduct its own investigations and analysis and should check

    the accuracy, reliability and completeness of the information in this RFP and

    where necessary obtain independent advice. Bank makes no representation or

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

    to the accuracy, reliability or completeness of this RFP. Bank may in its absolute

    discretion, but without being under any obligation to do so, update, amend or

    supplement the information in this RFP.

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    PART-3.: INSTRUCTIONS FOR BIDDERS (IFB)

    TABLE OF CLAUSESlause

    No.Topic

    ClauseNo.

    Topic

    A. Introduction 3.16 Period of Validity of Bids

    3.1 General D. Submission of Bids

    3.2 Broad Scope of Work 3.17 Sealing and Marking of Bids

    3.3 Consortium 3.18 Deadline for Submission of Bids

    3.4 Eligibility Criteria 3.19 Late Bids

    3.5 Cost of Bidding. 3.20 Modification & Withdrawal of Bids

    B. Bidding Documents E. Bid Opening and Evaluation

    3.6Content of BiddingDocuments

    3.21Opening of Technical Bids by theBank

    3.7Clarification of BiddingDocuments

    3.22 Preliminary Examination

    3.8Amendment of BiddingDocuments

    3.23Technical Evaluation

    C. Preparation of Bids 3.24Opening of Price Bids

    3.9 Language of Bid 3.25 Contacting the Bank

    3.10Format and Signing ofBid

    F. Award of Contract

    3.11Documents comprisingthe Bid 3.26 Post qualification/ Identification of L1

    3.12 Bid Submission 3.27Banks Right to Accept Any Bid andto Reject Any or All Bids

    3.13 Bid Prces 3.28 Award Criteria

    3.14 Bid Currencies 3.29 Notification of Award

    3.15 Bid Security 3.30 Signing of Contract

    3.31 Performance Security

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    3. INSTRUCTIONS FOR BIDDERS (IFB)

    A. INTRODUCTION

    3.1 General

    3.1.1 The Bank has been using VC System since seven years. With theincrease in demand for VC system, the Bank now proposes to increasethe number of locations where VC systems could be installed. The Bankrequires that the Bidder offering VC Solution should coordinate with the

    Network Service Provider for End-to-End Connectivity.

    3.1.2 BUSINESS REQUIREMENT:

    The Bank wishes to take more and more advantage of VC and holdmeetings via this media, which may be One-to-Many OR Any-to-Anyeither through

    a) Banks MPLS Network OR b) Via Internet OR c) Both concurrently.

    .The purpose of these meetings could be as under:

    1. Hold Discussions amongst different locations within the Bank usingVideo Conferencing.

    2. Hold Meetings with outside parties having VC facility, via ISDN fromHead Office, Mumbai and / or Delhi.

    3. Address by Top Officials which could be streamed live across variouslocations via the Internet as well as the MPLS network

    4. Allow Executives and senior level officials to interact with each othervia PC to PC, (one-to-many, many-to-many)

    5. To Conduct online Training via PC to PC (one-to-Many) via theinternet.

    The Bank proposes to select a Bidder who will be the one point contactfor the entire VC Solution as stated above.

    3.2. Broad Scope of Work

    3.2.1 The Bidder should provide an end-to-end solution for the identifiedlocations, including but not limited to supply of the required VideoConferencing Equipment with accessories, peripherals like Projector,Screen, Speaker System etc. and installation, performance testing,commissioning, warranty, annual maintenance etc. It would be

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    responsibility of the Bidder to co-ordinate with the MPLS Network

    Service Provider to ensure the VC solution is properly tested and madeto work.

    3.2.2. The Bidder should develop a project implementation plan indicatingmilestones and deliverables to Bank. The project implementation planwill be monitored regularly and delay in achieving milestones anddeliverables will be analysed and corrective action taken.

    3.2.3 The Bank will provide necessary infrastructure like Windows based PC,Printer, Email facility, Work space, furniture and electricity in the branchto enable the vendor to complete the tasks.

    3.2.4 Bidder has to provide adequate training and operational guidelines todesignated Bank personnel.

    3.2.5 Accessories required if any during installation, operationalization, testing ,commissioning of the supplied equipment will be arranged by the Bidder.

    3.2.6 The Bidder will be required to provide facility management services forall the equipments supplied by the Bidder by providing 2 onsiteTechnical Personnel between 8 am to 8 pm on all working days at HeadOffice , Bandra Kurla Complex.

    3.2.7 The Bidder will be required to provide Warranty/AMC for period of 5years and should maintain an Uptime of 99.5% on quarterly basis forthe entire proposed Video Conferencing Solution.

    3.2.8 As per business needs Bank may shift the Video Conferencing equipmentfrom one location to another during the contract period. The Bidder shallbe responsible for Reinstalling / Commissioning of the equipment at noextra cost.

    3.3 Consortium

    3.3.1 If the Bidder is not a manufacturer he should provide documentaryevidence (e.g. Manufacturers Authorisation Form) for having tied up withthe main participating agencies.

    3.3.2 The Bidder will be the one point contact to provide the solution to theBank. The Bdder will provide the Bank a Total Video Conferencingsolution.

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    3.4 Eligibility Criteria:

    a. The bidder should have yearly sales turnover of not less than Rs.200Crores during last financial year (2011-12).

    b. The bidder must be registering profits for last three years.c. The bidder should have permanent office in Mumbai.d. The Bidder should have implemented, commissioned, and successfully

    operationalized Video Conferencing solution for minimum one Projects.e. The bidder should have executed at least 1 Audio Visual Board Room

    Projects of 20 seats in India which should be from Financial Institution inlast 2 years. (P.O. copy needs to be submitted).

    f. Letter from 1 organization where the Projects have been implemented,confirming that Video Conferencing Solution has been implemented in theirorganization and working satisfactorily.

    Following details required for the successful implemented Projects

    Name of the Client

    Number of locations

    Nature of the Project

    Scope of the Project

    Project Deliverables

    Architecture of the solution implemented

    Date of award of Contract

    Date of commencement of the Project

    Date of successful commissioning of the Project

    Name of the person who can be referred to from Clients'side, with Name, Designation, Postal Address, ContactPhone and Fax numbers, E-Mail IDs, etc. (Attach copies of

    purchase orders)

    g. The bidder should be ISO 9001 Certified for Audio Visual Integration.(Copy of certificate must be attached)

    h. Financial statements i.e. Audited Balance sheet and Profit & Lossaccounts for last three years (2009-10, 2010-11,2011-12) will have to besubmitted. The bidder/OEM should not have been blacklisted by anyGovernment / Government agency / Bank / Financial Institution in India inthe past. Self declaration letter on the Companys letterhead should besubmitted along with technical bid.

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    i. The Bidder should be in the Video Conferencing and AV business for

    supply, services and support business for past 5 yearsj. The Bidder should provide 24 X 7 Toll Free Call Logging Facility andsupport within India. The details of the same should be provided to thiseffect.

    (Above Details are MANDATORY and to be included in technical bid.Without the above details, the Bid is liable to be Rejected)

    3.5 Cost of Bidding

    3.5.1 The Bidder shall bear all costs associated with the preparation and

    submission of its Bid, and the Bank will in no case be responsible orliable for these costs, regardless of the conduct or outcome of theBidding process.

    B. THE BIDDING DOCUMENTS

    3.6 Content of Bidding Document

    3.6.1. The products required, Bidding procedures, and contract terms areprescribed in the Bidding Documents. The Bidding Documents include:

    (a) PART 1 - Invitation to Bid (ITB)(b) PART 2 - Disclaimer(c) PART 3 - Instruction for Bidders (IFB)(d) PART 4 - Terms and Conditions of Contract (TCC)(e) PART 5 - Technical & Functional Specifications (TFS)(f) PART 6 - Bid Forms, Price Schedules and other forms (BF)(g) PART 7 - Other Terms and Conditions. (OTC)

    3.6.2 The bidder is expected to examine all instructions, forms, terms andspecifications in the Bidding Document. Failure to furnish all information

    required by the Bidding Document or to submit a Bid not substantiallyresponsive to the Bidding Document in every respect will be at theBidders risk and may result in the rejection of the Bid.

    3.7 Clarification of Bidding Document

    3.7.1 Bidder requiring any clarification of the Bidding Document may notify theBank in writing at the address or by e-mail indicated in Invitation to Bidon or before 26.01.2013 upto 03:00 PM.

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

    permitted, but if granted, the same will be put up on Banks Website.

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    3.8 Amendment of Bidding Document

    3.8.1 At any time prior to the deadline for submission of Bids, the Bank, forany reason, whether, at its own initiative or in response to a clarificationrequested by a prospective Bidder, may modify the Bidding Document,by amendment.

    3.8.2 Notification of amendments will be put up on the Banks Website and willbe binding on all Bidders.

    3.8.3 In order to allow prospective Bidders reasonable time in which to take

    the amendment into account in preparing their Bids, the Bank, at itsdiscretion, may extend the deadline for a reasonable period as decidedby the Bank for the submission of Bids.

    C . PREPARATION OF BIDS

    3.9 Language of Bid

    3.9.1 The Bid prepared by the Bidder, as well as all correspondence anddocuments relating to the Bid exchanged by the Bidder and the Bankand supporting documents and printed literature shall be written in

    English.

    3.10 Format and Signing of Bid

    3.10.1 Each bid shall be in two parts:-

    Part I- Technical Proposal.

    Part II- Price Proposal.

    The two parts should be in two separate covers, each super-scribed withthe name of the Project as well as Technical Proposal and PriceProposal as the case may be.

    3.10.2 The Bid shall be typed or written in indelible ink and shall be signed bythe Bidder or a person or persons duly authorized to bind the Bidder tothe Contract. The person or persons signing the Bids shall initial allpages of the Bids, except for un-amended printed literature.

    3.10.3 Any inter-lineations, erasures or overwriting shall be valid only if theyare initialled by the person signing the Bids. The Bank reserves the right

    to reject bids not confirming to above

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    3.11 Documents Comprising the Bid

    3.11.1 Documents comprising the Technical Proposal Envelope, shouldcontain following:

    a. Organisational Profile as per format 6.10

    b. Confirmity to Eligibility Criteria in accordance with clause 3.4 asper format 6.16

    c. Bid Form as per Format 6.1.1 and duly signed by the Bidder.

    d. Non-Disclosure Agreement as per Format 6.2

    e. Bid Security deposit of Rs. 10,00,000/- (Rupees ten lakhs only)as specified in Clause 3.16

    f. Manufacturers / Producers authorization form as per format 6.8wherever applicable.

    g. Service Support Details form as per Format 6.11.

    h. Bidders undertaking for support services as per format 6.14 thatadequate specialized expertise are available to ensure the faultfree operation of the proposed solution and maintenance duringthe warranty and support period.

    i. Bidders undertaking for consortium support services as performat 6.15

    j. A Complete Bill of Material with Part Nos., Quantity, Make,Model, version etc. as per format 6.13. Please note that no priceshould be mentioned in this Format.

    k. Masked Price Bid listing all the components as listed in thePrice Schedule without indicating the Price.

    l. A full description of the Technical Solution and its compliancewhich must provide an acceptable solution as described inPART 5 Technical & Functional Specifications in the form ofliterature , drawing and data.

    m. An item by item commentary on Technical and FunctionalSpecification.

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    c) Price quoted in the Price Schedule as per FORMAT 6.3,6.3.1.,6.3.2 and 6.3.3 (Part I to Part V ) shall be valid for a minimumperiod of 180 days from the date of award of contract.

    3.13.2. Prices quoted by the Bidder shall be fixed during the Biddersperformance of the Contract and shall not be subject to variation on anyaccount, including exchange rate fluctuations, changes in taxes, duties,levies, charges etc. A Bid submitted with an adjustable price quotationwill be treated as non-responsive and will be rejected.

    3.13.3 However during the contract period if the market price of product /services have been on the lower side, Bank will request the vendor forrevise the rates with mutual consent.

    3.14 Bid Currencies

    3.14.1 Bids are to be quoted in Indian Rupeesonly.

    3.15 Bid Security

    3.15.1 The Bidder shall furnish, as part of its Bid, a Bid security as given in

    Format 6.4.

    3.15.2 The Bid security is required to protect the Bank against the risk ofBidders conduct, which would warrant the securitys forfeiture.

    3.15.3 The Bid security shall be denominated in Indian Rupees and shall be inone of the following forms:

    a) a Bank guarantee issued by a Public Sector / Private Sector Bank inIndia, acceptable to the Bank, in the form as per format 6.4 providedin the Bid, valid for forty-five (45) days beyond the validity of the Bid.

    OR

    b) a Bankers Cheque / Demand Draft, issued by a ScheduledCommercial Bank in India, drawn in favour of Bank of India payableat Mumbai and valid for a period of six months.

    3.15.4 Any Bid not secured, as above, will be rejected by the Bank, as non-responsive.

    3.15.5 Unsuccessful Bidders Bid security will be discharged or returned as

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    promptly as possible but not later than sixty (60) days after the expiration

    of the period of Bid validity .

    3.15.6 The successful Bidders Bid security will be discharged upon the Biddersigning the Contract and furnishing the Performance Security as performat 6.6.

    3.15.7 The Bid security may be forfeited:

    a) if a Bidder withdraws its Bid during the period of Bid validity specifiedby the Bidder on the Bid Form; or

    b) if a Bidder makes any statement or encloses any form which turnsout to be false/incorrect at any time prior to signing of Contract; or

    c) in the case of a successful Bidder, if the Bidder fails;

    (i) to sign the Contract;

    or

    (ii) to furnish Performance Security as mentioned in Clause 3.33herein.

    3.16 Period of Validity of Bids

    3.16.1 Bids shall remain valid for a period mentioned in Clause 7.2, from thedate of opening of the Bid. A Bid valid for a shorter period may berejected by the Bank as non-responsive.

    3.16.2 In exceptional circumstances, the Bank may solicit the Bidders consentto an extension of the period of validity. The request and the responsesthereto shall be made in writing. The Bid security provided shall also besuitably extended. A Bidder may refuse the request without forfeiting its

    Bid security.

    D. SUBMISSION OF BIDS

    3.17 Sealing and Marking of Bids

    3.17.1 The Bidders shall seal the envelopes containing 2 copies of TechnicalBid and one copy of Price Bid separately and the two envelopes shallbe enclosed and sealed in an outer envelope. The Bidder shouldadditionally submit soft copies of the Technical Specification in the formof CD.

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    3.17.2 The inner and outer envelopes shall:

    a) be addressed to the Bank at the address given; and

    b) bear the Project Name "RFP- Procurement, Installation andCommissioning of Video Conferencing and AV systemTechnical Bid and RFP- Procurement, Installation andCommissioning of Video Conferencing and AV system- PriceBid in separate envelopes.

    c) All envelopes should indicate on the cover the name and address

    of the Bidder.

    3.17.3 If the outer envelope is not sealed and marked, the Bank will assume noresponsibility for the Bids misplacement or premature opening.

    3.18 Deadline for Submission of Bids

    3.18.1 Bids must be received by the Bank at the address specified, no laterthan the date & time specified in the Invitation to Bid.

    3.18.2 The Bank may, at its discretion, extend this deadline for the submission

    of Bids by amending the Bid Documents, in which case, all rights andobligations of the Bank and Bidders previously subject to the deadlinewill thereafter be subject to the deadline as extended.

    3.19 Late Bids

    3.19.1 Any Bid received after the deadline for submission of Bids prescribed,will be rejected and returned unopened to the Bidder.

    3.20 Modification and Withdrawal of Bids

    3.20.1 The Bidder may modify or withdraw its Bid after the Bids submission,provided that written notice of the modification, including substitution orwithdrawal of the Bids, is received by the Bank, prior to the deadlineprescribed for submission of Bids.

    3.20.2 The Bidders modification or withdrawal notice shall be prepared, sealed,marked and dispatched. A withdrawal notice may also be sent by Fax,but followed by a signed confirmation copy, postmarked, not later thanthe deadline for submission of Bids.

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

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    3.20.4 No Bid may be withdrawn in the interval between the deadline forsubmission of Bids and the expiration of the period of Bid validityspecified by the Bidder on the Bid Form. Withdrawal of a Bid during thisinterval may result in the Bidders forfeiture of its Bid security.

    E. Opening and Evaluation of Bids

    3.21 Opening of Technical Bids by the Bank

    3.21.1 The Bidders names, Bid modifications or withdrawals and the presence orabsence of requisite Bid Security and such other details as the Bank, at

    its discretion, may consider appropriate, will be announced at the time oftechnical Bid opening. No bid shall be rejected at bid opening, except forlate bids, which shall be returned unopened to the Bidder.

    3.21.2 Bids (and modifications sent) that are not opened at Bid Opening shall notbe considered further for evaluation, irrespective of the circumstances.Withdrawn bids will be returned unopened to the Bidders.

    3.22 Preliminary Examination

    3.22.1 The Bank will examine the Bids to determine whether they are complete,

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

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

    3.22.3 The Bank will first examine whether the Bid and the Bidder is eligible interms of Clause 3.4

    3.22.4 Prior to the detailed evaluation, the Bank will determine theresponsiveness of each Bid to the Bidding Document. For purposes ofthese Clauses, a responsive Bid is one, which conforms to all the termsand conditions of the Bidding Document without material deviations.Deviations from, or objections or reservations to critical provisions, suchasthose concerning Bid Security, Applicable Law, Performance Security,Qualification Criteria, Insurance, Warranty, AMC and Force Majeure willbe deemed to be a material deviation.

    3.22.5 The Banks determination of a Bids responsiveness will be based on thecontents of the Bid itself, without recourse to extrinsic evidence.

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

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    subsequently be made responsive by the Bidder by correction of the non-

    conformity.

    3.23 Technical Evaluation

    3.23.1 Only those Bidders and Bids who have been found to be in theconformity of the eligibility terms and conditions during the preliminaryevaluation would be taken up by the Bank for further detailed evaluation.Those Bids who do not qualify the eligibility criteria and all terms duringpreliminary examination will not be taken up for further evaluation.

    3.23.2 The Bank may use the services of external consultants for technical

    evaluation.

    3.23.3 The Bank reserves the right to evaluate the bids on technical &functional parameters including visit to inspect live site/s of the bidderand witness demos of the system and verify functionalities, responsetimes, etc.

    3.23.4 Bank will evaluate the technical and functional specification of all theequipments quoted by the Bidder.

    3.23.5 Bank reserves the right to waive any of the Technical and Functional

    Specification during technical evaluation if in the Banks Opinion it isfound to be minor/deviation or acceptable deviation.

    3.23.6 Bill of Materials (with Masked Price Schedule) submitted alongwithTechnical Bid will be first evaluated and if the Bank, during theevaluation, deems it fit, may request bidder to revise the bill of materialssubmitted originally quoted in the pricing schedule. If the bidder does notagree to revise the same within 5 days from the date of notification torevise the price bid submitted will be considered non-responsive andaccordingly rejected.

    3.23.7 During evaluation of the Bids, the Bank, at its discretion, may ask theBidder for clarification of its Bid. The request for clarification and theresponse shall be in writing, and no change in the prices or substance ofthe Bid shall be sought, offered or permitted.

    3.24 Opening of Price Bids

    3.24.1 Only those bids which are found to be technically responsive will beinformed of the date / time / Venue of opening of price bids.

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    3.24.2 The Technical Bids will be evaluated as per eligibility criteria. Thereafter

    the Bank reserves the right of selection of Vendor either by Opening ofCommercial Bids of vendors (who are found eligible after evaluation ofTechnical Bids) or proceed with the selection of Vendor through On LineReverse Auction. The business rules for Online Reverse Auction isenclosed as per AnnexureB

    3.24.4 After opening of price bids and declaring the prices, the Bank willevaluate and compare the Price bids.

    3.24.5 Arithmetical errors will be rectified on the following basis. If there is adiscrepancy between the unit price and the total price that is obtained by

    multiplying the unit price and quantity, the unit price shall prevail, andthe total price shall be corrected. If the Successful Bidder does notaccept the correction of the errors, its Bid will be rejected, and its Bidsecurity may be forfeited. If there is a discrepancy between words andfigures, the amount in words will prevail.

    3.24.4 L1 will be decided on the basis of net total of the price evaluation /normalisation as quoted in the Price Schedule format 6.3 (PART I toPART V).

    3.24.5 The Banks evaluation of a Price Bid will take into account, in addition to

    the Bid price quoted, one or more of the following factors:

    a) Deviations in payment schedule & Delivery Schedule from thatspecified;

    b) Deviation in prices quoted;

    c) Other specific criteria indicated in the Bid and/or in the Technical &Functional Specifications & Price schedule.

    3.24.6 For factors retained in the Bid, one or more of the following quantification

    methods will be applied:

    (a) Payment schedule.

    The TCC Clause 4.18 stipulates the payment schedule offered bythe Bank.

    (b) Delivery Schedule:

    The products and/or Systems and/or Services covered under thisbid are to be supplied, installed and commissioned within the period

    mentioned in 7.14. No credit will be given to early deliveries. For

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    delayed deliveries an adjustment of 0.5% of the Bid price per week

    or part thereof will be added to the price bid for evaluation of Bids.

    (c) Quotation of Prices for all Items.

    The Bidder should quote for complete consignment of itemsproposed/listed in this Bid. In case, prices are not quoted by anyBidder for any specific item / Product / service, for the purpose ofevaluation, the highest of the prices quoted by other Biddersparticipating in the bidding process will be reckoned as the notionalprice for that product /service, for that Bidder. However, if selected,at the time of award of Contract, the lowest of the price(s) quoted

    by other or Bidders (whose Price Bids are also opened) for thatproduct /service will be reckoned. This shall be binding on all theBidders. However, the Bank reserves the right to reject all suchincomplete bids.

    3.25 Contacting the Bank

    3.25.1 No Bidder shall contact the Bank on any matter relating to its Bid, from thetime of opening of Price Bid to the time the Contract is awarded.

    3.25.2 Any effort by a Bidder to influence the Bank in its decisions on Bid

    evaluation, Bid comparison or contract award may result in the rejection ofthe Bidders Bid.

    F. Award of Contract

    3.26 Post-qualification / Identification of L1

    3.26.1 All the Price bids after their evaluation on the parameters mentionedabove would be arranged in ascending order and the L1 Bidder would beidentified as one whose bid has been evaluated to be the lowest.

    3.27 Banks right To Accept Any Bid and to reject any or All Bids.

    3.27.1 The Bank reserves the right to accept or reject any Bid in part or in full,and to cancel the Bidding process and reject all Bids at any time prior tocontract award, without thereby incurring any liability to the affected orBidder or Bidders or any obligation to inform the affected Bidder orBidders of the grounds for the Banks action.

    3.27.2 After identification of L1 Bidder, Bank will follow the internal procedurefor necessary approvals and thereafter proceed with notification of award

    to L1.

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    3.28 Award Criteria

    3.28.1 The Bank will award the Contract to the successful Bidder who has beendetermined to qualify to perform the Contract satisfactorily, and whoseBid has been determined to be responsive, and is the lowest evaluatedBid.

    3.29 Notification of Award

    3.29.1 Prior to expiration of the period of Bid validity, the Bank will notify thesuccessful Bidder in writing or by e-mail, that its Bid has been accepted.

    3.29.2 The notification of award will constitute the formation of the Contract.

    3.29.3 Upon notification of award to the L1 Bidder , the Bank will promptly notifyeach unsuccessful Bidder and will discharge its Bid security.

    3.30 Signing of Contract

    3.30.1 At the same time as the Bank notifies the successful Bidder that its Bidhas been accepted, the Bank will send the Bidder the Contract Form asper format 6.5.1,

    3.30.2 Within the period prescribed in clause 7.4, from the date of receipt of theForm of contract, the successful Bidder shall sign and date the Contractand return it to the Bank.

    3.30.3 Within 30 days of signing of the Contract the Bank and Bidder shall enterinto a Service Level Agreement as per format 6.5.2 duly modified asmutually agreed by the Bank and the Bidder.

    3.30.4 Within 30 days of signing of the Contract the Bank and Bidder shall enterinto a Service Level Agreement of facility Management at BKC as performat 6.5.3 duly modified as mutually agreed by the Bank and theBidder.

    3.31 Performance Security

    3.31.1 Performance Security in the required format to be submitted by thesuccessful bidder as per Clause 4.6 valid for the period of clause 7.5

    3.31.2 Undertaking to provide fresh Performance Security for 10% of the

    Contract Price of Support Services and Facility Management, one

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    month before expiry

    3.31.3 Failure of the successful Bidder to comply with the requirement ofClause 3.30.1, 3.30.2 or Clause 3.30.3 shall constitute sufficient groundsfor the annulment of the award and forfeiture of the Bid security.

    Note: Not withstanding anything said above, the Bank reserves the right toreject the contract or cancel the entire process without assigningreasons thereto.

    PART - 4. TERMS AND CONDITIONS OF CONTRACT (TCC)

    TABLE OF CLAUSES

    ClauseNo.

    Topic ClauseNo.

    Topic

    4.1 Definitions 4.21 Contract Amendments

    4.2 Country of Origin 4.22 Assignments

    4.3 Standards 4.23Delay in SuppliersPerformance

    4.4Use of Contract

    Documents and

    4.24 Liquidated Damages

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    Information

    4.5 Patent Rights 4.25 Termination for Default

    4.6 Performance Security 4.26 Force Majeure

    4.7Inspection & QualityControl Tests

    4.27 Termination for Insolvency

    4.8 System & Other Software 4.28 Termination for Convenience

    4.9 Acceptance Procedure 4.29 Resolution of Disputes

    4.10 Packing of Products 4.30 Governing Language

    4.11 Delivery & Documents 4.31 Applicable Law

    4.12 Insurance 4.32 Addresses for Notices

    4.13 Transportation 4.33 Taxes and Duties

    4.14 Incidental Services 4.34 Supplier Integrity

    4.15 Warranty 4.35 Suppliers obligations

    4.16 Maintenance Services 4.36Patent Rights/ Intellectual

    Property Rights

    4.17 Training 4.37Site Preparation andInstallation

    4.18 Payment 4.38Commissioning of theSolution

    4.19 Prices 4.39 Technical Documentation

    4.20 Change Orders4.40 Right to use defective product

    4.41 Repeat Orders

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    4.1.9 Successful Bidderis the Bidder whose technical bid has been accepted

    and whose price as per the commercial bid is the lowest and notificationof award has been given by Bank.

    In case of a difference of opinion on the part of the Bidder incomprehending and/or interpreting any Clause / Provision of the BidDocument after submission of the Bid, the interpretation by the Bankshall be binding and final on the Bidder.

    4.2. Country of Origin / Eligibility of Goods & Services

    4.2.1 All goods and related services to be supplied under the Contract shall

    have their origin in eligible source countries, as per the prevailing ImportTrade Control Regulations in India.

    4.2.2 For purposes of this clause, origin means the place where the goodsare mined, grown, or manufactured or produced, or the place from whichthe related services are supplied. Goods are produced when, throughmanufacturing, processing or substantial and major assembly ofcomponents, a commercially-recognized product results that issubstantially different in basic characteristics or in purpose or utility fromits components.

    4.3 Standards

    4.3.1 The Goods supplied under this Contract shall conform to the standardsmentioned in the Technical Specifications, and, when no applicablestandard is mentioned, to the authoritative standards appropriate to theGoods country of origin. Such standards shall be the latest issued bythe institution concerned.

    4.4. Use of Contract Documents and Information

    4.4.1 The Supplier shall not, without the Banks prior written consent, disclose

    the Contract, or any provision thereof, or any specification, plan,drawing, pattern, sample or information furnished by or on behalf of theBank in connection therewith, to any person other than a personemployed by the Supplier in the performance of the Contract. Disclosureto any such employed person shall be made in confidence and shallextend only as far as may be necessary for purposes of suchperformance.

    4.4.2 The Supplier shall not, without the Banks prior written consent, makeuse of any document or information for purposes of performing theContract.

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    4.4.3 Any document, other than the Contract itself, shall remain the property ofthe Bank and shall be returned (in all copies) to the Bank on completionof the Suppliers performance under the Contract, if so required by theBank.

    4.4.4 The bidder shall sign a non disclosure agreement as per format 6.2.

    4.5. Patent Rights

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

    copyright, patent, trademark, industrial design rights, etc. arising fromthe use of the Goods or any part thereof in India, the Supplier shall actexpeditiously to extinguish such claim. If the Supplier fails to comply andthe Bank is required to pay compensation to a third party resulting fromsuch infringement, the Supplier shall be responsible for thecompensation to claimant including all expenses, court costs and lawyerfees. The Bank will give notice to the Supplier of such claim, if it is made,without delay. The supplier shall indemnify the Bank against all thirdparty claims.

    4.6 Performance Security

    4.6.1 Within the period prescribed under Clause 7.3 from Date of receipt ofnotification of Contract award, the Supplier shall furnish to the Bank, thePerformance Security for an amount as per Clause 7.6 valid upto theperiod specified in Clause 7.5.

    4.6.2 The proceeds of the Performance Security shall be payable to the Bankas compensation for any loss resulting from the Suppliers failure tocomplete its obligations under the Contract.

    4.6.3 The Performance Security shall be denominated in Indian Rupees and

    shall be by way of Bank Guarantee issued by a Public / Private SectorBank in India (Other than Bank of India), acceptable to the Bank in theformat 6.6 provided in the Bid.

    4.6.4 The Performance Security will be discharged by the Bank and returnedto the Supplier not later than the period specified in Clause 7.11,following the date of completion of the suppliers performance obligationsunder the Contract, including any warranty obligations under the contractand following receipt of performance guarantee for the annualmaintenance equal to an amount specified in Clause 7.15.

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    4.6.5 In the event of any contract amendment, the Supplier shall, within the

    period mentioned in Clause 7.3 after receipt of such amendment, furnishthe amendment to the Performance security, rendering the same validfor the duration of the Contract, as amended for further specified inClause 7.3. In the event of any correction of defects or replacement ofdefective software/products/equipment/system during the warrantyperiod, the warranty for the corrected / replacedsoftware/products/equipment/system shall be extended to a furtherperiod mentioned in Clause 7.7. The performance guarantee for aproportionate value shall be extended by the period mentioned in Clause7.10 over and above the extended warranty period.

    4.7 Inspection and Quality Control Tests

    4.7.1 The Bank reserves the right to carry out pre-shipment inspection by ateam of Bank officials, of any of the existing live installations of theSupplier referred to in the Technical Bid or demand a demonstration ofthe solution proposed on a representative model in bidders office.

    4.7.2 The Banks right to inspect, test and where necessary reject theproducts after the products arrival at the destination shall in no way belimited or waived by reason of the products having previously beinginspected, tested and passed by the Bank or its representative prior to

    the products shipment from the place of origin.

    4.7.3 Nothing stated hereinabove shall in any way release the supplier fromany warranty or other obligations under this contract.

    4.7.4 Manuals / Documentation

    4.7.4.1 Before the products / system is / are taken over by the Bank, theSupplier shall supply technical / systems Manuals for all the Systemssupplied and for all required interfaces. Operation and maintenanceManuals for all the systems and applications covering the operations

    needed to start, run, other operations, transfer to fall back system / siteincluding business continuity plan to be provided by the vendor. Usermanuals for Administrative Office / Zones / branches for all the modulesshall be provided by the vendor. The manuals shall be in English.

    4.7.4.2 Unless and otherwise agreed the products and equipment shall not beconsidered to be completed for the purpose of taking over until suchmanuals have been supplied to the Bank.

    4.7.4.3 The Supplier shall provide one set of Design Manual, System Manual,User manual and Security Manual for all the supplied products. The

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    Supplier shall also provide one soft copy of each of the manuals. Soft

    and hard Copy Manuals shall commensurate with number of installationsof Products in the Bank.

    4.7.4.4 Documentation should be comprehensive & include:

    Product Literature. Operating manuals. General Specifications. Operator Reference manuals for each operator task. Messages manuals. Documentation on troubleshooting.

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

    The supplier shall provide complete and legal documentation of allsubsystems, licensed operating systems, licensed system software,licensed utility software and other licensed software. The suppliershall also provide licensed software for all software products whetherdeveloped by it or acquired from others. There shall not be any default inthis regard.

    In case the supplier is providing software which is not his proprietary

    software then the supplier must submit evidence in the form ofagreement he has entered into with the software vendor which includessupport from the software vendor for the proposed software for the fullperiod required by the Bank.

    4.9 Acceptance Procedure:

    4.9.1 The acceptance criteria for the proposed VC solution is given under item7.17.

    4.9.2 On successful completion of installation, commissioning, acceptability

    test, receipt of deliverables, etc., and after the solution runs successfullyafter going live and Bank is satisfied with the working on the system, theacceptance certificate (as mutually decided and approved by the Bank)signed by the Supplier and the representative of the Purchaser will beissued. The date on which such certificate is signed shall be deemed tobe the date of successful commissioning of the systems as per BanksFormat 6.9.

    4.10 Packing of Products

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    4.10.1 The Supplier shall provide such packing of the products as is required to

    prevent their damage or deterioration during transit to their finaldestination. The packing shall be sufficient to withstand, withoutlimitation, rough handling during transit and exposure to extremetemperature, salt and precipitation during transit and open storage. Sizeand weights of packing case shall take into consideration, whereappropriate, the remoteness of the Products final destination and theabsence of heavy handling facilities at all transit points.

    4.10.2 Packing Instructions: The Supplier will be required to make separatepackages for each Consignment. Each package will be marked on threesides with proper / indelible ink with the following:

    (i) Project; (ii) Contract No.; (iii) Country of Origin of products; (iv)Suppliers Name; (v) Packing List reference number.

    4.11 Delivery and Documents

    4.11.1 Delivery of the Products shall be made by the supplier in accordancewith the system approved / ordered. The details of the documents to befurnished by the Supplier are specified hereunder:-

    i. 2 copies of Suppliers Invoice showing Contract number, Productsdescription, quantity, unit price and Total amount.

    ii. Delivery Note or acknowledgement of receipt of Products from theConsignee or in case of products from abroad original and twocopies of the negotiable clean Airway Bill.

    iii. 2 copies of packing list identifying contents of each package.

    iv. Insurance Certificate.

    v. Manufacturers / Suppliers warranty certificate.

    vi. Certificate of Origin.

    The above documents shall be received by the Bank before arrival ofProducts (except where it is handed over to the Consignee with alldocuments) and if not received the Supplier will be responsible for anyconsequent expenses.

    4.12 Insurance

    4.12.1 The insurance shall be in an amount equal to 110 percent of the value ofthe Products from Warehouse to final destination on All Risks basisincluding War Risks and Strikes, valid for a period not less than one

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    month after installation and commissioning and issue of acceptance

    certificate by the Bank.

    4.12.2 Should any loss or damage occur, the Supplier shall:-

    a. initiate and pursue claim till settlement and

    b. promptly make arrangements for repair and / or replacement of anydamaged item irrespective of settlement of claim by the underwriters.

    4.13 Transportation

    4.13.1 Supplier is required under the Contract to transport the Goods to aspecified place of destination within India, defined as the Project Sites,transport to such place of destination in India, including insurance andstorage, as shall be specified in the Contract, shall be arranged by theSupplier, and the related costs shall be included in the Contract Price.

    4.14 Incidental Services

    4.14.1 The incidental services to be provided are as under:-

    a. Furnishing Manuals for each appropriate unit of the SuppliedProducts as mentioned under Clauses 4.7.4, 4.8 and 4.39 of TCC;

    b. Maintenance and software updates of the supplied Products,Technical support thereof for a period as specified in Clause 7.13after expiry of the warranty provided that this service shall not relievethe Supplier of any warranty obligations under this contract.

    4.15 Warranty / Uptime

    4.15.1 The Supplier warrants that the products supplied under the Contract are

    of the most recent version and that they incorporate all recentimprovements in design and / or features. The Supplier further warrantsthat all the Products supplied under this Contract shall have no defect,arising from design or from any act of omission of the Supplier, that maydevelop under normal use of the supplied products in the conditionsprevailing in India

    4.15.2 The minimum warranty period shall be the period as per Clause 7.7. TheSupplier shall in addition comply with the performance guaranteesspecified under the Contract. If, for reasons attributable to the Supplier,these guarantees are not attained in whole or in part the Supplier shall

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    make such changes, modifications and / or additions to the Products or

    any part thereof as may be necessary in order to attain the contractualguarantees specified in the Contract at its own cost and expense and tocarry out further performance tests.

    4.15.3 The Bank shall promptly notify the Supplier in writing of any claimsarising under this warranty.

    4.15.4 Upon receipt of such notice the Supplier shall with all reasonable speed,repair or replace the defective products or part thereof without cost to theBank.

    4.15.5 If the Supplier, having been notified, fails to remedy the defect(s) withinthe period specified in Clause 7.9, the Bank may proceed to take suchremedial action as may be necessary, at the Suppliers risk and expenseand without prejudice to any other rights, which the Bank may haveagainst the supplier under the Contract.

    4.15.6 During Warranty Period, Supplier guarantees an Uptime of 99.5 % onquarterly basis for the entire/core solution proposed, with a MTBF of 90days. Accordingly it is expected that necessary spares are available forall critical components whether software or hardware. Please refer toClause 7.18 for details of uptime required by the Bank.

    4.15.7 Warranty for Hardware/System Software/off-the-shelf Software will beprovided to the Bank as per the general conditions of sale of suchsoftware.

    4.16 Maintenance Service

    4.16.1 The Supplier shall provide free maintenance services during the period ofwarranty. After warranty period, the Supplier will do annual maintenanceof the entire system, for a period specified in Clause 7.13. Professionallyqualified personnel who have expertise in the hardware and system

    software supplied by the vendor will provide these services.

    4.16.2 During maintenance period also, the Supplier guarantees on quarterlybasis an uptime of 99.5% of the entire solution proposed with a meantime between failure (MTBF) of 90 days. Accordingly it is expected thatspares are available for all critical components whether software orhardware. Please refer to Clause 7.18 for details of the uptime requiredby the Bank.

    4.16.3 The maximum response time for a maintenance complaint from the siteof installation (i.e. time required for Suppliers maintenance engineers to

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    report to the installations after a request call / fax /e-mail is made or

    letter is written) shall not exceed 2 (two) hours.

    4.16.4 The supplier shall repair or replace worn out or defective part includingall plastic parts of the equipment and all consumables at no extra cost tothe Bank.

    4.16.5 The Supplier shall ensure that faults and failures intimated by Bank asabove are set right within 4 hours of being informed of the same.

    4.17 Training

    4.17.1 The Supplier is required to train the designated Banks technical andend-user personnel to enable them to effectively operate and performadministration of the total system. Training shall be conducted on thedates and the locations as mutually agreed upon before theCommissioning of the system at each location, as per Clause 7.12.

    4.18. Payment

    4.18.1 Payment shall be made in Indian Rupees, as per Clause 7.16 .

    4.18.2 Payment for annual maintenance charges & Facility Management:

    a) The annual maintenance cost (after warranty period) shall be paid at theend of each Half-year after the date of completion of each half yearperiod, subject to satisfactory services rendered, till that date.

    b) Facility Management Charges will be paid at the end of each Quartersubject to satisfactory services rendered till that date.

    4.18.3 Payment against Bank Guarantees:

    i. For all the payments to be made against Bank guarantees, the Bankguarantees shall be issued by a public/ private sector Bank in India(other than Bank of India), acceptable to the Bank .

    ii. Bank guarantees for advance payment shall be released not laterthan 30 days after the date of completion of installation /commissioning of the products/system at their final destination.

    4.19 Prices

    4.19.1 Prices payable to the Supplier as stated in the Contract shall be firm andnot subject to adjustment during performance of the Contract,

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    notify the Bank in writing of the fact of the delay, its likely duration and its

    cause(s). As soon as practicable after receipt of the Suppliers notice,the Bank shall evaluate the situation and may, at its discretion, extendthe Suppliers time for performance, with or without liquidated damages,in which case, the extension shall be ratified by the parties byamendment of the Contract.

    4.23.3 Except as provided in the above clause, a delay by the Supplier in theperformance of its delivery obligations shall render the Supplier liable tothe imposition of liquidated damages, unless an extension of time isagreed upon without the application of liquidated damages.

    4.24 Liquidated Damages

    4.24.1 If the Supplier fails to deliver any or all of the Products or perform theServices within the time period(s) specified in the Contract, the Bankmay, without prejudice to its other remedies under the Contract, andunless otherwise extension of time is agreed upon without theapplication of Liquidated Damages, as mentioned in clause 4.23 deductfrom the Contract Price, as liquidated damages, a sum equivalent to 0.5percent per week or part thereof of contract price subject to maximumdeduction of 5% of the delivered price of the delayed Productslocationwise or unperformed services for each week or part thereof of

    delay, until actual delivery or performance. Once the maximumdeduction is reached, the Bank may consider termination of theContract.

    4.25 Termination for Default

    4.25.1 The Bank, without prejudice to any other remedy for breach of Contract,by a written notice of default sent to the Supplier, may terminate theContract in whole or in part:

    (a) If the Supplier fails to deliver any or all of the Products and Services

    within the period(s) specified in the Contract, or within any extensionthereof granted by the Bank;

    Or

    (b) If the Supplier fails to perform any other obligation(s) under theContract.

    4.25.2 In the event the Bank terminates the Contract in whole or in part, it mayprocure, upon such terms and in such manner as it deems appropriate,Products and Services similar to those undelivered, and the Suppliershall be liable to the Bank for any excess costs for such similar Products

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    or Services. However, the Supplier shall continue performance of the

    Contract to the extent not terminated.4.26 Force Majeure

    4.26.1 Notwithstanding the provisions of TCC, the Supplier shall not be liablefor forfeiture of its performance security, liquidated damages, ortermination for default if and to the extent that its delay in performance orother failure to perform its obligations under the Contract is the result ofan event of Force Majeure.

    4.26.2 For purposes of this clause, Force Majeure means an event beyondthe control of the Supplier and not involving the Suppliers fault or

    negligence and not foreseeable. Such events may include, but are notrestricted to, acts of the Bank in its sovereign capacity, wars orrevolutions, fires, floods, epidemics, quarantine restrictions, and freightembargoes.

    4.26.3 If a Force Majeure situation arises, the Supplier shall promptly notify theBank in writing of such condition and the cause thereof. Unlessotherwise directed by the Bank in writing, the Supplier shall continue toperform its obligations under the Contract as far as is reasonablypractical, and shall seek all reasonable alternative means forperformance not prevented by the Force Majeure event.

    4.27 Termination for Insolvency

    4.27.1 The Bank may, at any time, terminate the Contract by giving writtennotice to the Supplier if the Supplier becomes Bankrupt or otherwiseinsolvent. In this event, termination will be without compensation to theSupplier, provided that such termination will not prejudice or affect anyright of action or remedy, which has accrued or will accrue thereafter tothe Bank.

    4.28 Termination for Convenience

    4.28.1 The Bank, by written notice sent to the Supplier, may terminate theContract, in whole or in part, at any time for its convenience. The noticeof termination shall specify that termination is for the Banksconvenience, the extent to which performance of the Supplier under theContract is terminated, and the date upon which such terminationbecomes effective.

    4.29 Resolution of Disputes

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    4.29.1 The Bank and the Supplier shall make every effort to resolve amicably

    by direct informal negotiation, any disagreement or dispute arisingbetween them under or in connection with the Contract.

    4.29.2 If, the Bank and the Supplier have been unable to resolve amicably aContract dispute even after a reasonably long period, either party mayrequire that the dispute be referred for resolution to the formalmechanisms specified herein below. These mechanisms may include,but are not restricted to, conciliation mediated by a third party and/oradjudication in an agreed national forum.

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

    (a) In case of Dispute or difference arising between the Bank and theSupplier relating to any matter arising out of or connected with thisagreement, such disputes or difference shall be settled inaccordance with the Arbitration and Conciliation Act, 1996. Wherethe value of the Contract is above Rs.1.00 Crore, the arbitral tribunalshall consist of 3 arbitrators, one each to be appointed by thePurchaser and the Supplier. The third Arbitrator shall be chosen bymutual discussion between the Purchaser and the Supplier.

    (b) Arbitration proceedings shall be held at Mumbai, and the language

    of the arbitration proceedings and that of all documents andcommunications between the parties shall be English;

    (c) The decision of the majority of arbitrators shall be final and bindingupon both parties. The cost and expenses of Arbitrationproceedings will be paid as determined by the arbitral tribunal.However, the expenses incurred by each party in connection with thepreparation, presentation, etc., of its proceedings as also the feesand expenses paid to the arbitrator appointed by such party or on itsbehalf shall be borne by each party itself; and

    (d) Where the value of the contract is Rs.1.00 Crore and below, thedisputes or differences arising shall be referred to the Sole Arbitrator.The Sole Arbitrator should be appointed by agreement between theparties.

    4.30 Governing Language

    4.30.1 The governing language shall be English.

    4.31 Applicable Law

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    4.31.1 The Contract shall be interpreted in accordance with the laws of the Union

    of India and the Bidder shall agree to submit to the courts under whoseexclusive jurisdiction the Registered Office of the Bank falls.

    4.32 Addresses for Notices

    4.32.1 The following shall be the address of the Bank and Supplier.

    Banks address for notice purposes:

    Bank of India,Information Technology Department,

    Head Office,Star HouseC-5, G Block, Bandra-Kurla Complex,Bandra (East),Mumbai - 400 051.

    Suppliers address for notice purposes (To be filled in by the Supplier)

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

    4.33 Taxes and Duties

    4.33.1 The Supplier will be entirely responsible for all applicable taxes exclusiveof sales/service/VAT, duties, levies, cess, charges, license fees, roadpermits, etc. in connection with delivery of products at site includingincidental services and commissioning. Payment of Octroi, entry-tax,alone, if applicable, will be made at actuals, on production of suitableevidence of payment by the Supplier.

    4.33.2 Income / Corporate Taxes in India:The Supplier shall be liable to pay all corporate taxes and income tax

    that shall be levied according to the laws and regulations applicable fromtime to time in India and the price bid by the Supplier shall include allsuch taxes in the contract price.

    4.33.3 Taxdeduction at Source:Wherever the laws and regulations require deduction of such taxes atthe source of payment, the Bank shall effect such deductions from thepayment due to the Supplier. The remittance of amounts so deductedand issuance of certificate for such deductions shall be made by theBank as per the laws and regulations in force. Nothing in the Contractshall relieve the Supplier from his responsibility to pay any tax that may

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    be levied in India on income and profits made by the Supplier in respect

    of this contract.

    4.33.4 The Suppliers staff, personnel and labour will be liable to pay personalincome taxes in India in respect of such of their salaries and wages asare chargeable under the laws and regulations for the time being inforce, and the Supplier shall perform such duties in regard to suchdeductions thereof as may be imposed on him by such laws andregulations.

    4.34 Suppliers Integrity

    The Supplier is responsible for and obliged to conduct all contractedactivities in accordance with the contract using state-of-the-art methodsand economic principles and exercising all means available to achievethe performance specified in the Contract.

    4.35 Suppliers obligations

    The Supplier is obliged to work closely with the Banks staff, act within itsown authority and abide by directives issued by the Bank andimplementation activities.

    The Supplier will abide by the job safety measures prevalent in India andwill free the Bank from all demands or responsibilities arising fromaccidents or loss of life, the cause of which is the Suppliers negligence.The Supplier will pay all indemnities arising from such incidents and willnot hold the Bank responsible or obligated.

    The Supplier is responsible for managing the activities of its personnel orsub-contracted personnel and will hold itself responsible for anymisdemeanors.

    The Supplier will treat as confidential all data and information about the

    Bank, obtained in the execution of his responsibilities, in strictconfidence and will not reveal such information to any other party withoutthe prior written approval of the Bank.

    4.36 Patent Rights/Intellectual Property Rights

    In the event of any claim asserted by a third party of infringement oftrademark, trade names, copyright, patent, intellectual property rights orindustrial design rights arising from the use of the Products or any partthereof in India, the Supplier shall act expeditiously to extinguish suchclaim. If the Supplier fails to comply and the Bank is required to pay

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    compensation to a third party resulting from such infringement, the

    Supplier shall be responsible for the compensation including allexpenses, court costs and lawyer fees. The Bank will give notice to theSupplier of such claim, if it is made, without delay.

    4.37 Site preparation and installation

    The Bank will arrange for the construction of the hardware site incompliance with the technical and environmental specifications. TheBank will designate the installation site before the scheduled installationdate, to allow the Supplier to perform a site inspection to verify theappropriateness of the sites before the installation / commissioning of

    the hardware.

    4.38 Installation/Commissioning of Hardware/Software

    The Supplier is responsible for all unpacking and installation of Products.The Supplier will test all hardware/system operations and accomplish alladjustments necessary for successful and continuous operation of thehardware/software at all installation sites.

    4.39 Technical Documentation

    The Technical Documentation involving detailed instruction for operationand maintenance of the hardware and software is to be delivered. Thelanguage of the documentation should be English.

    4.40 Right to use defective product

    If after delivery, acceptance and installation and within the guaranteeand warranty period, the operation or use of the product is found to beunsatisfactory, the Bank shall have the right to continue to operate oruse such product until rectification of defects, errors or omissions bypartial or complete replacement is made without interfering with the

    Banks operation.

    4.41 Repeat Orders

    4.41.1 Bank reserves the right to place repeat order/s on the bidder under the sameterms and conditions within a period of 6 months from the date of acceptanceof purchase order by the bidder.

    4.41.2 The bidder should note that as equipment / hardware rates normally comedown, hence the rates shall be subject to downward revision based on marketmovement of equipment rates.

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    4.41.3 The bank reserves the right to re-negotiate the price with the bidder fordownward revision of the prices.

    ************

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    PART 5: TECHNICAL & FUNCTIONAL SPECIFICATIONS (TFS)

    The Bidder is required to write compliance Yes Or No against eachspecification stated in Column -3

    (Annexure A-1)

    Annexure Description Technical SpecificationsCompliance

    (Yes/No)

    Specifications for High Definition (HD) Video conferencing system HighDefinition End Point

    The Bank desire to purchase HD endpoint with 1080p HD resolution Theendpoint should have LAN port and should also have ISDN and PRI Port. The

    system should have upgradeability to support 1+3 multisite @ HDCP

    Quoted Make & Model:

    A-1a

    Video

    VideoStandards

    Should support latest industrystandards Video Protocols.

    VideoFrame Rate

    Should support latest industry standardFrame per Second.

    VideoResolution

    The codec should send and receive HDResolution of 1080p

    VideoOutput

    Should have 2 HD Outputs to connectHD Displays. The system should haveSD/ HD video output to connect VCD /DVD recorder in addition to the two HDmonitor support simultaneously

    Video input

    Should have DVI / XGA input toconnect PC/ Laptop directly to theVideo conferencing system and displaya resolution of SXGA. The systemshould also support 2 High definitioncamera inputs. The system should alsosupport additional video input toconnect VCD/ DVD Player.

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    A-1b

    Audio

    Audiostandardssupported

    Should support latest industrystandards audio protocols

    Requiredfeatures

    Noise Reduction, Automatic Gaincontrol

    A-1cNetwork

    Interfaces

    System should have 1 ISDN E1 PRIPort through an inbuilt /external moduleor gateway

    Inbuilt Multiplexer for the ISDN line

    1 LAN /Ethernet--10/100 Mbps

    A-1dNetworkCapabilities

    Full downspeeding support over ISDN,call to continue even if there arenetwork disruptions.

    A-1e HD Camera System should have HD Camera.

    A-1fSoftwareUpdates

    The system should have capability of

    remotely upgrading software / patches /upgrades.

    A-1gDirectoryservices

    Should support Local and Global Activedirectories

    (Annexure A-2)

    Annexure Description Technical SpecificationsCompliance

    (Yes/No)

    Specifications for the Virtualized Collaboration Server & Load Balancer forthe existing MCU's (RMX 1500 & RMX 4000)

    Quoted Make & Model:

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    A-2a

    Reliable andScalableVirtualizedVideoCollaborationInfrastructureSolution

    Highly reliable and scalable video collaborationinfrastructure solution providing features:

    Supports full redundancy with automaticfailover deployed in two-server or super clusterconfiguration Cluster and super cluster configurations for fullredundancy with automatic failover throughoutthe network High system availability- Duplicate application servers- Geographically distributed application servers- Duplicate databases- Synchronized data updates and callprocessing

    A-2bConferenceManagerFunction

    System should be equipped with advancedrouting policies to distribute voice and videocalls among multiple media servers (MultipointControl Units, or MCUs), creating a singlevirtual resource pool.This should simplify video conferencingresource management and using MCU portsmore efficiently.

    System should be equipped with ability tohandle multiple MCUs as a single resource poolthus making multipoint conferencing serviceshighly scalable. It should be possible to addMCUs on the fly without impacting end usersand without requiring reprovisioning.

    System should continually monitor the portsused and available on each MCU andintelligently distributes conferences amongthem. If an MCU fails, loses its connection tothe system, or is taken out of service, systemshould distribute new conferences to theremaining MCUs.The consequences for existing calls andconferences should depend on whether theyreH.323 or SIP: H.323 calls and conferences on the failedMCU are terminated. But callers simply need to

    redial the same number they used for their initialdial-in. System relocates their new conferenceto the best available MCU SIP calls on the failed MCU are automaticallymoved to another MCU (up to the capacityavailable).

    A-2cCall ServerFunction

    The Call Server Function should provide thefollowing functionality: H.323 gatekeeper SIP registrar and proxy server H.323 SIP gateway Bandwidth management

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    A-2d Two-serverClusterConfiguration

    The system should be deployed as a pair of co-located redundant servers that share the same

    virtual IP address. The two-server clusterconfiguration should have no single point offailure within the system that could cause theservice to become unavailable.

    A-2eSupercluster

    Configuration

    The system should be deployed to providegeographic redundancy. It should be possible tocluster up to five geographically distributedsystem clusters to be integrated into asupercluster in the future.

    All five clusters should work as Call Servers(function as gatekeeper, SIP proxy, SIPregistrar, and gateway) and up to three can bedesignated as Conference Managers (managean MCU resource pool to host conferencerooms).The superclustered systems should be centrallyadministered and share a common data store.Each cluster should maintain a local copy of thedata store, and changes are replicated to all theclusters. Most system configuration should besupercluster-wide.

    A-2f Capacity

    Super cluster: up to 64 MCUs (RMX1500/2000/4000)-- 100 concurrent video calls-- 75,000 device registrations

    A-2gSystemManagement

    Web-based real-time dashboard for networkadministration Real-time data updates on capacity andsystem information Capacity histogram of high water daily portutilization Policy-based device/resource controls Auto accounts and conference room creationwhen using corporate Active Directory Logging, alarming, notification and auditrecords for trouble shooting, diagnostics andreporting

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    RFP AV Solution

    (Annexure A-3)

    Annexure Description Technical SpecificationsCompliance

    (Yes/No)

    Specifications for Desktop based High Definition (HD) Video conferencingsystem High Definition End Point

    Quoted Make & Model:

    A-3.a General

    The Desktop VideoConferencing System should havebuilt in camera and at least 24HD LCD display,16:9 aspect ratio, microphones,2 nos. of built in stereo speakers &integrated dial key pad/ remote/touch panel from the same OEM.Essentially, the display should alsohave the ability and necessary

    interfaces to double up as a PCscreen. It should support standardssuch as the H.323 and SIPumbrella standards for IP-based audio/video.

    A-3.b

    Videostandardsandprotocols

    Support for video protocolslike H.261, H.263 and H.264.

    Presentation sharing featureshould be supported. H.239 support.

    A-3.cInputs(video /Audio)

    1xHD embedded main

    camera.

    1x VGA or better input forconnecting PC/Laptop to shareHD content.

    1x PC Audio for content audio

    A-3.dOutputs(video/Audio)

    1x HD for connecting to 2ndmonitor with 1080p resolution

    1x audio out for main orexternal speaker out

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    A-3.f Camera

    1920x1080 (1080p) video

    resolutionDigital / Optical Zoom supportUpto 40 degree or more VerticalField of view. Privacy Shutter forblocking local video

    A-3.g ResolutionSupport for 720 and 1080presolutions

    A-3.hAudiostandards

    Support for latest audioprotocols and HD audio

    A-3.i Security

    Support for call encryption.

    Should support passwordprotection for webmanagement

    A-3.h

    Multipointsupport (futureupgrade)

    The endpoint should beupgradeable to support inbuilt1+3 multi-site HDCP in future.This upgrade should not result ina hardware change in future.

    (Annexure B to E)

    Annexure Description Technical SpecificationsCompliance

    (Yes/No)

    Audio System

    Quoted Make/Model:

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    B18 ChannelPower

    Amplifier

    Design, supply, installation, testing

    & commissioning of 8 ChannelPower Amplifier Number ofchannels 8 Output Power perChannel (all channels driven) 16Ohms: 250 W, 8 Ohms: 250 W, 4Ohms: 250 W, 2 Ohms: 125 WMax. Output Power Bridged perChannel 16 Ohms: 500 W, 8 Ohms:500 W, 4 Ohms: 250 W, 2 Ohms,Performance with Gain: 32 dB andVPL: 100 V Signal To Noise Ratio:

    >112 dBA Channel separation(Crosstalk) at 1 kHz: >70 dBFrequency response (1 W into 8ohms) +0/-3 dB: 2.3 Hz - 56 kHzInput impedance: 20 kOhm Inputconnectors (per ch.) :3-pin Phoenix,electronically balanced Outputconnectors (per ch.): Barrier strip 2-pole screw terminals Cooling: fans,front-to-rear airflow, temperaturecontrolled speed

    Quoted Make/Model:

    B2

    4 Channel

    PowerAmplifier

    Design, supply, installation, testing& commissioning of 4 ChannelPower Amplifier Number ofchannels 4 Peak total output allchannels driven 800W Peak outputvoltage per channel 100 V / 70Vrms Max. Output Power perChannel (all channels driven) 16Ohms: 250 W, 8 Ohms: 180 W,

    Max. Output Power Bridged per 8Ohms: 520 W, Performance withGain: 32 dB and VPL: 100 V SignalTo Noise Ratio: >112 dBA Channelseparation (Crosstalk) at :3-pinPhoenix, electronically balancedOutput connectors (per ch.): Barrierstrip 2-pole screw terminalsCooling: fans, front-to-rear airflow,temperature controlled speed

    Quoted Make/Model:

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    B3CeilingSpeakers

    Design, supply, installation, testing

    & commissioning of CeilingSpeakers Frequency Response (-3dB) 110Hz - 19kHzFrequency Range (-10dB) 90Hz -22kHzSystem Sensitivity (1W @1m)87dB (1W = 2.45V for 6 Ohms)Nominal Coverage Angle 90degrees conicalCoverage Angle (1kHz to 6kHz)102 degrees

    Rated Maximum SPL Average103dB Peak 109dBPower Handling AverageProgrammed Peak 160WTransformer Taps 70V 15W / 7.5W/ 3.75W / 1.9W / OFF & lowimpedance operation, 100V 15W /7.5W / 3.75W / OFF & lowimpedance operation SafetyFeatures Safety ring located at rearof enclosure for load bear

    Quoted Make/Model:

    B4In-WallSpeakers

    In-Wall speaker Frequency Range: 30 Hz - 20 kHz ContinuousPower Capacity : 240 WattsPeak120 Watts ContinuousProgram 60 Watts Continuous PinkNoise Sensitivity : 90 dB SPL,1W, 1 m (3.3 ft) NominalImpedance : 8 ohms OutsideDimensions (H x W) : 334 x

    257mmQuoted Make/Model:

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    B5Built-inchairman unit

    Design, supply, installation, testing

    & commissioning of Built-inchairman unit Fold-away built-inmicrophone unit Fully digital audiotransmission and control,Microphone Array Technology,Corridor characteristic Integratedtwo-way speakers Headphonesocket Alpha numeric LC display,approx. 48 x 12 mm: 2 lines / 12characters; character height: 5 mmFive voting buttons Four navigator

    buttons for channel selection andvolume control of a connectedheadphone 3 buttons: prioritybutton, microphone button, clearbutton LED on the microphonebutton and LED strips on both sidesof the housing indicate that themicrophone unit is in ready-to talkmode, Bus conference sockets(push-pull) for connection in theDigital conference system Sturdy

    housing with factory moldedconnecting cables

    Quoted Make/Model:

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    B6Built-indelegate unit

    Design, supply, installation, testing

    & commissioning of Built-indelegate Fold-away built-inmicrophone unit Fully digital audiotransmission and controlMicrophone Array TechnologyCorridor characteristic Integratedtwo-way speakers, Alpha numericLC display, approx. 48 x 12 mm: 2lines / 12 characters; characterheight: 5 mm , Five voting buttonsFour navigator buttons for channel

    selection and volume control of aconnected headphone Microphonebutton for switching the microphoneon and off and requesting to speakLED near the microphone buttonindicates that the participant isrequesting to speak or themicrophone unit is in ready-to-talkmode Bus conference sockets(push-pull) for connection in theDigital conference system Sturdy

    housing with factory moldedconnecting cables

    Quoted Make/Model:

    B7

    Power supplyfor

    microphoneunits

    Design, supply, installation, testing& commissioning of Power supplyfor microphone units power supplyunit is used when more than 30devices are to be used with thecontrol unit. Power on LEDConnectors on the rear Push-pull

    connectors Power distribution viapower cable and connectors or Busconnector (push-pull) 2 Bus-Powerout connectors for microphone units2 Extension Ports to connectmicrophone units 2 Data Ports toconnect the control unit

    Quoted Make/Model:

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    B8

    Control unitcan operate adigitalconference

    Design, supply, installation, testing

    & commissioning of Control unitcan operate a digital conferenceThe control unit can operate adigital conference system with amaximum of +1,000 delegatesstations. The Bus provides 54multifunctional audio channelswhich can be allocated to differentmeetings. One control unit for alldelegate, chairman stations Multi-Session-Management: Port to

    connect a PC for operation with thesoftware Integrated power supplyfor a maximum of 15 microphonestations, Volume control forheadphones Configuration viadisplay (4 lines; 20 characters, 3soft keys) and 4 buttons to navigatethrough the menu

    Quoted Make/Model:

    B9BoundaryMicrophones

    Design, supply, installation, testing& commissioning of BoundaryMicrophone Frequency range 50 to20,000 Hz Sensitivity 22 mV/Pa (-30 dBV)Max. SPL 120 dB Equivalent noiselevel (IEC 60268-4) 22 dB-ASignal/noise ratio 72 dB (A-weighted) Impedance 150 ohmsPower requirement 12 to 48 Vphantom power Dimensions approx6.4 x 8.9

    Quoted Make/Model:

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    B10

    Wireless Clip-on

    MicrophoneSet

    Design, supply, installation, testing

    & commissioning of Wireless Clip-on Microphone Set OperatingFrequencies UHF Band C: 541.500MHz to 566.375 MHz (996frequencies), UHF Band D: 655.500MHz to 680.375 MHz (996frequencies)Frequency Stability 0.005%,Phase Lock Loop frequency controlMinimum Frequency Step 25 kHz,Modulation Mode FM

    Normal Deviation 5 kHz,Operating Range 300' typicalFrequency Response 70 Hz to 15kHzRECEIVER SPECIFICATIONS:Receiving System RF sections,automatic-switching diversity ImageRejection 60 dB typicalSignal-to-noise Ratio 115 dB at 40kHz deviation (IEC-weighted), 75kHz maximum modulation Total

    Harmonic Distortion

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    RF Power Output High: 35 mW;

    Low: 10 mW, nominalMicrophone Dynamic Range >=110dB, A-weightedInstrument Dynamic Range >=100dB, A-weightedInput Connections Highimpedance, low impedance

    Quoted Make/Model:

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    B11

    WirelessHandheldMicrophoneSet

    Design, supply, installation, testing

    & commissioning of WirelessHandheld Microphone Type ofSystem Frequency Agile UHF DualTransmitter RF Carrier FrequencyRange Band C: 541.500 to566.375MHz Approx. WorkingRange 300' Type of ReceiverDual independent receivers,automatic-switching diversity Typeof Outputs 2 - Balanced: XLRM-type 2 - Balanced: 1/4" TRS phone

    jack Headphone Monitoring 1/4"TRS Phone Antenna Type BNCflexible UHF Transmitter Type ofTransmitter frequency agilehandheld Type of MicrophoneCondenser Polar Pattern CardioidMute Switch Power / Mute switchdual function Antenna TypeInternal Display Back-lit LCDdisplay & battery / signal statusLED

    Quoted Make/Model:

    B12NetworkedAudio DSPframe

    Signal Processing Rich Palette ofProcessing and Logic ObjectsChannel, Low Latency, FaultTolerant Digital Audio Bus 12Control Inputs and 6 Logic OutputsConfiguration, Control andMonitoring Configurable Inputs /Outputs Analog Inputs (withPhantom Power per Channel)

    Analog Outputs Digital Inputs(AES/EBU and S/PDIF) DigitalOutputs (AES/EBU and S/PDIF)AEC Inputs (with Phantom Powerper Channel) Telephone HybridCard Configurable Signal

    Quoted Make/Model:

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    B13 Audio DSP

    Design, supply, installation, testing

    & commissioning of fixedconfiguration of 12 inputs and 8outputs, configurable signalprocessing and a high bandwidth,fault tolerant digital audio bus.Analog Inputs provide softwareconfigurable gain in 6dB steps up to+48dB per channel and softwareselectable Phantom Power perchannel. Phantom Power, SignalPresent and Clip information per

    channel is easily accessible,without the requirement for a PC,from clear front panel LEDindication. A bi-directional locatefunction allows devices to beidentified

    Quoted Make/Model:

    B14 AEC InputCard

    Analog Input Card: Connector1Balanced / Unbalanced Audio,Channel 1 - Mic/Line Balanced