RFP for Onsite Technical Support for Base24 ATM Switch Request for Proposal For Onsite Technical Support (Facility Management) 24X7X365 Services for Bank’s Base24 ATM Switch Union Bank of India Technology Centre, AdiShankaracharyaMarg (JVLR), Opp. Powai Lake, Powai, Andheri (East), Mumbai – 400 072 Page 1 of 59 RFP for Onsite Technical Support for Base24 ATM Switch ADVERTISEMENT UNION BANK OF INDIA Department of Information Technology, Central Office, Mumbai TENDER NOTICE The Bank invites proposals (technical and commercial) from interested bidders for availing Onsite Technical Support (OTS) facility management services on 24X7X365 basis for its Base24 ATM Switch at Bank’s premises in Mumbai as per details listed out in the document. Please visit our website www.unionbankofindia.co.in or Government portal (www.tenders.gov.in) for details. RFP document can be downloaded from the website. Page 2 of 59 RFP for Onsite Technical Support for Base24 ATM Switch Bid Details Start date and time 10th June 2015 11:00 AM Last date for clarifications/ 17th June 2015 till 17.00 hrs queries on RFP Last date and time for nd Receipt Of Bidding Document 02 July 2015 by 4.00 p.m. Date and Time of Technical 02nd July 2015 at 4.15 p.m. Bid Opening Place of opening of Bids Union Bank of India, Department of Information Technology, Technology Centre,2nd Floor,1/1AAdi Shankaracharya Marg, Opp. Powai Lake, Powai, Mumbai-400072. Address for communication As above Tel:(022) 2571 0205 / 0250 /222 RFP cost ` 5,000.00 in the form of Demand Draft in favor of Union Bank of India, payable at Mumbai. The Demand Draft should be submitted at the time of bid submission. EMD ` 1,00,000.00 in the form of Demand Draft in favor of Union Bank of India, payable at Mumbai. EMD can also be paid in the form of BG (valid for a period of at least 180 days) of scheduled commercial Bank. EMD should be enclosed in Technical Bid. Contact to Bidders Interested Bidders are requested to send the email to: rakeshkmittal@unionbankofindia.com kmr@unionbankofindia.com atmswitch@unionbankofindia.com nbandi@unionbankofindia.com Containing following information, so that in case of any clarification same may be issued to them: Name of company, contact person, Mailing address with Pin Code, Telephone No., Fax No., email address, Mobile No. etc. Page 3 of 59 RFP for Onsite Technical Support for Base24 ATM Switch Contents Bid Details ........................................................................................ 3 1 Introduction ...................................................................................................................... 6 2 Objectives of the RFP...................................................................................................... 6 3 Scope of work ................................................................................................................... 7 4 Eligibility Criteria ........................................................................................................... 17 5 Terms and Conditions .................................................................................................... 17 6 Contract with the Vendor ............................................................................................. 18 7 Two Part Tender............................................................................................................. 18 8 Overview of Evaluation Process................................................................................... 19 9 No Erasures or Alterations ............................................................................................ 19 10 Modification and/or Withdrawal of Bid .................................................................. 19 11 Bid Validity .................................................................................................................. 20 12 Right to alter RFP ....................................................................................................... 20 13 No Commitment to Accept Lowest or Any Tender ............................................... 20 14 Cost of RFP .................................................................................................................. 20 15 Bid Earnest Money Deposit (EMD) ............................................................................ 21 16 Price composition ....................................................................................................... 21 17 No Price Variation ...................................................................................................... 21 18 Opening of Offers ....................................................................................................... 22 19 Project period ............................................................................................................. 22 20 Payment Terms ........................................................................................................... 22 21 Penalties for extended downtime ........................................................................... 23 22 Order Cancellation ..................................................................................................... 24 23 Operations team size proposed ............................................................................... 24 24 Rules for Re-auction .................................................................................................. 25 25 Bidders’ Obligations ................................................................................................... 26 26 Limitation on promotion ........................................................................................... 26 27 Governing Law and Resolution of Disputes ............................................................ 26 28 Force Majeure ............................................................................................................. 27 29 Indemnity ..................................................................................................................... 27 30 Limitation of Liability ................................................................................................ 27 31 Patents Rights ............................................................................................................. 28 32 Confidentiality ............................................................................................................ 28 33 Other terms and conditions ...................................................................................... 29 Page 4 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 34 Performance Bank Guarantee .................................................................................. 29 TECHNICAL OFFER ............................................................................. 30 35 ANNEXURE .................................................................................................................... 30 1.1 ANNEXURE – A (Compliance to Eligibility Criteria) ............................................... 30 1.2 ANNEXURE – B (Bidder Information) ........................................................................ 32 1.3 ANNEXURE – C (Profile of Resources) ...................................................................... 34 1.4 ANNEXURE – D (Profile of Technical Resources) ................................................... 35 1.5 ANNEXURE – E (Letter to be submitted by bidder) ............................................... 36 1.6 ANNEXURE – G (Letter of Undertaking on Company Letter head) ..................... 37 1.7 ANNEXURE – G (Compliance Statement)................................................................. 38 1.8 ANNEXURE – J (Bank Guarantee Format) ............................................................... 39 1.9 ANNEXURE – H (Confidentiality –cum- Non Disclousure Agreement) ................. 41 1.10 ANNEXURE - I (Resource Details).......................................................................... 45 1.11 ANNEXURE – J (Check List – Technical Bid) ........................................................ 46 1.12 ANNEXURE – J (Commerical Bid) .......................................................................... 47 1.13 ANNEXURE – L (Not Blacklisted company format) ............................................. 48 1.14 ANNEXURE – M (Compliance to RFP terms & conditions) ................................. 49 1.15 ANNEXURE - F (Reverse Auction Process) ........................................................... 50 1.16 ANNEXURE - F-1 (Reverse Auction Compliance Statement) ............................ 57 1.17 ANNEXURE - F-2 (Reverse Auction – Participation letter) ............................... 58 Page 5 of 59 RFP for Onsite Technical Support for Base24 ATM Switch UNION BANK OF INDIA 1 Introduction Union Bank of India, headquartered at Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400020, having its Technology Centre at 1/1A, Adi Sankaracharya Marg, Opposite Powai Lake, Andheri East, Mumbai – 400072, is one of the top five public sector banks in India. Bank has over 4100+ CBS branches and 6500+ ATMs installed across the country. Union Bank of India is also sponsoring the RRB - Kashi Gomti Samyut Gramin Bank, which is having 400+ CBS branches with 35 ATMs. 2 Objectives of the RFP Bank has currently deployed around 6500+ ATMs (Automated Teller Machines) / Bunch Note Acceptors (BNA) under Owned and OPEX models installed across India. Bank is currently using BASE24 classic version 6.0.10 with XPNET version X3.104 and TSS version v07.4 on HP Non-Stop Server both at its Data Centre at Mumbai and Disaster Recovery Site at Bangalore. Golden Gate tools are being used for replication to DR system All ATMs of the Bank of different makes are connected to the central Base24 ATM Switch through different connectivity mediums like Leased line, VSAT, RF, CDMA etc. Bank also has 2 HSM Thales 8000 & payshield 9000 for PIN Verification and TSS (Transaction Security Services Software, Version 5.4) for Keys Validation. Bank’s DR site located at Bangalore is in Active/Passive mode and has 2 HSM Thales 8000 & payshield 9000. Bank is issuing Visa, MasterCard and RuPay cards to its customer. Bank is providing ATM Services to Regional Rural Banks (RRB’s) through the existing BASE24 setup. Presently Base24 drives ATM/BNA devices. The ATM and POS issuer and on-us transactions are routed through Base24. Bank does not drive its own POS Machines but has outsourced its POS acquiring business. The E-Commerce transactions are routed through other entities on behalf of the Bank. Bank intends to avail services of a Bidder of repute having proven expertise, experience and competence in the field of providing Onsite Technical Support at Base24 ATM Switch and therefore technical and commercial bids are invited from eligible bidders for the said services as per the terms and conditions mentioned Page 6 of 59 RFP for Onsite Technical Support for Base24 ATM Switch hereunder. The bidders will have to submit the technical and commercial bids only in physical copy and not in any other mode of submission. Bank will not accept any deviations from the terms and conditions specified in the tender. Deviations could result in disqualification of the offer made by the vendor at the discretion of the Bank. 3 Scope of work 3.1 The Bidder should be capable of providing the support engineers who can perform services as per the Scope of Work explained under this Section. The services required by the Bank are OTS (Facility Management) services for its Base24 ATM Switch on 24X7X365 basis. The vendor would ensure availability of trained dedicated personnel for services mentioned in the Scope of Work. Details of the workforce to be provided as per Annexure “D”. 3.2 The personnel (Level 1 engineers) to be deployed must be minimum graduate with at least 1 year of IT experience in the field of Base24 ATM Switch Onsite Technical Support services. Level 2 engineers (Team Leader) to be posted at Bank must be minimum graduate with at least 2 year of IT experience in field of Base24 ATM Switch. 3.3 All the resources to be deployed at the ATM Switch will be subject to approval by the Bank. Bank reserves the right to interview the personnel including Team Leader intended to be deployed for OTS (Facility Management) services at Bank’s site and if not found suitable may reject them. Vendor has to ensure deployment of academically good, technically sound and competent personnel to smoothly handle the Base24 ATM Switch operations at the Bank’s site. Bidder should also ensure that resources to be deployed at Bank’s site should be sufficiently trained to handle inbound and outbound calls to and from Bank officials, vendors and customers in a courteous and patient manner. 3.4 The Bidder should have sufficient resources and manpower rendering of OTS (Facility Management) services as per the Scope of Work for a minimum period of 7 years. Presently, Bank proposes to deploy a total of 8 resources which would include six (6) “Level One” resource and two (2) “Level Two” (Team Leader) resource. These resources would provide the Onsite Technical Support (OTS) on round the clock basis at Bank’s ATM Switch Department located at 1/1A, Adi Sankaracharya Marg, Opposite Powai Lake, Andheri East, Mumbai – 400072. The number of engineers mentioned is for meeting Bank’s daily requirements only. Bidder has to make arrangements for leave / attrition etc. 3.5 Through this RFP, Bank proposes to select a bidder for availing OTS (Facility Management) services for a minimum period of 7 years. However, the arrangement would be subject to yearly review by the Bank and in case, at any point of time during the 7 years period of contract, the services rendered by the Successful Bidder are observed by the Bank to be deficient in terms of the terms and condition of Contract, Bank may choose to take punitive action including but Page 7 of 59 RFP for Onsite Technical Support for Base24 ATM Switch not limited to levy of penalties, invocation of Performance Bank Guarantee and termination of the Contract. 3.6 Upon completion of 7 years period, Bank reserves the right to extend contract for additional period of 3 years at the same terms & conditions subject to mutual agreement. At the expiration / termination of the Contract, the successful bidder will provide hand holding training / knowledge transfer to Bank’s officials or Bank’s nominated entity/vendor to maintain continuity of services for at least three months. 3.7 In case of any disaster/exigency, the Bidder should be capable of providing OTS support from Bank’s DR Site in Bangalore. 3.8 Bank’s BASE24 ATM Switch is providing the following services to the customers through the ATM channel: Cash withdrawal Balance inquiry Mini-statement Fast Cash PIN Change Cash deposit Fund transfer Bill payment Tax Payments Cheque / Statement Request NEFT through ATM Card to Card fund transfer Multilingual screens Multilingual printing of receipt Admin card functionality for cash replenishment and other EOD functions. xvi. Aadhar seeding. xvii. Cardless cash deposit. xviii. CRM/Internet Banking Services xx. Biometric based Authentication xxi. IMPS through Switch xxii. Prepaid Card transaction xxiii. Mutual Fund payment xxiv. Bunch Note Acceptor (BNA) xxv. e-cash xxvi. Cash Recycler at BNA xxvii. ATM facility for Visually Impaired Cardholders xxviii. Any other related service that may be added by the Bank in future i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv. 3.9 The BASE24 ATM Switch is connected to the following hosts / Interchanges / Interfaces i. NFS (connectivity with NPCInet for ATM/PoS transaction through Page 8 of 59 RFP for Onsite Technical Support for Base24 ATM Switch NPCI network) FSSNeT for Payment Gateway / mPay services ii. iii. MasterCard/Visa Interface Processor through FIS (Interface of ATM Switch with MasterCard/Visa network) & Rupay card Interface with NPCI for ATM, POS issuer and POS On-us transactions FSS ITAX Server through FSSNet Electra Card Server for MasterCard Secure code VIGL (ATOS) (connectivity with Credit Card Server) Multi Host Interface for IVR interface with Call Center & CRM EMS Feed Server for the ATM Managed Service vendors and Total Outsourced (MoF) vendors Central Bancs Connect (CBC) iv. v. vi. vii. viii. ix. The BASE24 ATM Switch is connected to the following Peripherals 2 nos. at DC & 2 nos. at DR Site i. Thales HSM 8000 & payshield 9000 Bank may add related services, hosts, interchanges, interfaces, peripherals in the future which would also be part of the Scope of Work for the successful bidder. 3.10 Bank has its solution for Settlement of transactions by using the files i.e. Transaction Log File (TLF), POS Transaction Log File (PTLF) and Interchange Log File (ILF) extracts. 3.11 The scope of the required services does not include the modification / Customization of the source code of Base24 Application. 3.12 Onsite Technical Support services (OTS) to be provided at Base24 ATM Switch A. ATMs Related: Addition of New ATMs at Base24 ATM Switch deployed by the Bank and other entities like Bank’s sponsored RRBs(Regional Rural Banks)/MoF vendors. ATM Status Monitoring and problem reporting Interacting with various offices of the Bank including its Circle Offices, Branches, Head Office Divisions and the customers of the Bank etc, telephonically, through emails and other communication channels with respect to queries in relation of ATM installation, Base24 ATM Switch Transactions and other Base24 ATM Services. Setting parameter in BASE24 at the time of adding ATMs in the network. ATM Config file changes for various reasons like Screen Changes, receipt Foot note changes, Header & footer level changes, Changes in Cassette Configuration of ATMs, IP Address changes etc in co-ordination with Bank officials from Delivery channels, Branches, Offices and the engineers on site etc. Deletion of ATMs from Base24 Coordinating and receiving calls from Vendors/offices pertaining to TMK (Terminal Master Keys) related issues, downloading of Config files for ATMs, sending test messages for connectivity, network related issues, Page 9 of 59 RFP for Onsite Technical Support for Base24 ATM Switch machine level issues, to download related issues / Mass download in case of addition of any new or modified functionality, ATM status and transaction status TM (Terminal Master) Keys in Transaction Security Services related issues Managing EMS feeds for MoF ATMs through EMS (Event management System) Feeds Server Escalation Matrix to be strictly adhered to while reporting problems. Any other related service B. Host Related Adding /deleting new HOST station in the network Adding/Deleting ATMs Host stations monitoring and problem reporting. Configuring new processes: • Configure new process such as “AUTH (Authorization)”, “HISO (ISO Host Interface)”, “DEVICE HANDLER”, “NPCI BICI ( BASE 24 Interchange Interface) for ATM, NPCI BICI for RuPay etc. depending upon the increase in transaction volume. Liaison with Bank officials: • For ATM/HOST connectivity to switch and checking the response at ATM/HOST. Problems related to networking issues will be escalated to the Bank. Bank in turn to take up the matter with the vendor for resolving the issue Any other related service C. Biometric ATM related Addition of Biometric ATM on switch Checking the transaction’s pertaining to biometric Any other related activity asked by the Bank to perform D. Card Related Attending to Branch queries related to Cards and resolving the same either by replying mails or via telephonic conversation. Hot listing of cards for the call and mail received from the customer, branch, Cyber Crime and Bank delivery channel officials. Providing the cards status to customer, branch, and Fraud Risk Management (FRM) and Bank delivery channel officials. CAF (Cardholder Authorization File) related queries and support in rectifying the problems in CAF refresh encountered, if any. Any other related activity E. Transaction Related Onus/Remote onus/Off us: Checking SAF (Store And Forward) position and resolve problems if any Inform Bank regarding any discrepancies reported by BASE24 Resolve, general queries / problems related to transactions Providing following transactions details to Bank/DFS Vendors • Partial Dispense transaction Page 10 of 59 RFP for Onsite Technical Support for Base24 ATM Switch • • • • • • • • • • • • • • • • • • Reversal Transaction Timed-out transaction Admin transaction while balancing ATMs. Problems relating to Screen / Screen flow at ATMs. Fund Transfer Bio Metric transaction Card to Card Transfer MASTER CARD SECURE Transaction (for 3 D Secure transactions) Customer Complaint Direct Tax Payments Cheque Book / Statement Request Credit Card transaction PoS Transaction IRCTC Transaction BILL DESK Transaction Master card / VISA Transaction NPCI Issuer Transaction NPCI Acquirer Transaction Above list is not exhaustive and may include other types of transactions which may take place through Bank’s ATM Switch. F. BASE24 BACKUP, DISK CLEANING AND RESTORATION Backup: • • • • • • Disk Space monitoring & cleaning: • • • • • • Backup to be taken daily and other regular interval of time fixed by the Bank. This regular interval will normally be more than a day. Running the system backup Daily, weekly and Monthly Backup as per the requirement Support in rectifying Back-up related problems encountered, if any Problems encountered during backup shall be reported to Bank immediately. Integrity testing and restoration of Backup as per requirement of the Bank Any other related activity Using Disk Space Analysis Program (DSAP) (macros process) periodically monitor disk space utilization Cleaning the data disks after taking appropriate backup. Retrieval of Old Back up related to ATM Switch operations for generation / Printing of old reports or for any other purpose. Report with respect to Disk space utilization and cleaning, if any, shall be provided to bank on weekly basis. Running DCOM(De Compression- macro) on Disk RESTORATION: • Restoration of Tapes as per requirements to ensure the availability of data backup with the Bank Page 11 of 59 RFP for Onsite Technical Support for Base24 ATM Switch • Any other related service G. Base 24 Reports: • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Cashin report Offline transaction report Security camera report (through Prognosis) CPU Utilization report Nokia Obopay card transaction report FIS Transaction hits report FSS Transaction hits report ATMs having more than 20 Reversal transaction report POS transaction report ATM status report Debit card expiry report End cash report for all vendor ATMs CRIS report (IRCTC) IRCTC transaction report Debit card hotlist through IVR channel report Billpay report Total active cardbase report Total cardbase report FIS Transaction log report FSS Transaction log report Total cash dispense report Transaction hits report NFS transaction count report Withdrawal transaction report Reconciliation report Transaction summary report Chequebook & statement request report Card Annual Fee (CAF) Report Credit card transaction report Visa/ Master/Rupay card transaction report Card hotlisting report MPAY report DC-DR Sync REPORT PIN generation through IVR report TLF segregation report Full transaction (withdrawal) report PTLF Extract report Branch wise UBI ONUS Transaction count report Branch wise UBI issuer Transaction count report NCR cutover report PRIZM cutover report MPHASIS cutover report Card to Card fund transfer report Page 12 of 59 RFP for Onsite Technical Support for Base24 ATM Switch • • • • • • • International ATM transaction report International POS transaction report Hindi & English Language transaction hits report ATM financial & non financial transaction REPORT Suspect & Hardware reversal transaction report Aadhar card seeding report PAYTM report H. HP NON STOP Server RELATED Monitoring health status daily Processor Status Monitoring – Daily at regular intervals. Monitoring CPU through SYSBUSY- process to check CPU Utilization Tandem disk space monitoring Monitoring of Tandem Resource utilization though Bank’s Monitoring Software Timely escalation to the concerned authorities within the bank in case the Any other related activity system starts flashing signs of irregular behavior I. Base24 Switch Related Monitoring Processes for • Node Monitoring • ATM Auth Process • FSSNeT BICI • NPCI ATM BICI • POS BICI • DPC (Data Processing Center) 999 • LINK • HISO (ISO Host Interface) • ISLO (Atalla‟s process) • RTAU (Routing Authorization) • HPDH (Hypercom POS Device handler) • MDS • C2C (Card 2 Card) • BIOMETRIC • CREDIT CARD Process Status Monitoring – Daily at regular intervals SAF (Store and Forward) Monitoring at the regular interval EMS Monitoring (warning messages on the EMS (example file size usage %age, etc) should be immediately communicated to the Bank) RTAF (Remote Transaction Accumulation File) Monitoring New BIN addition/ deletion as per Bank’s requirements SPROUT build (Refreshing Acquirer BINs) Addition of processes/ports/stations etc. for load distribution Monitoring the queues in the BASE24 System and resolution of queue Page 13 of 59 RFP for Onsite Technical Support for Base24 ATM Switch related issues Transaction monitoring through Bank’s Monitoring Software Cutover monitoring for (ATM, POS, IDF (Institution Definition File), ICFE (Interchange Configuration File)) and resolution of cutover issues Cross checking the files like TLF, PTLF, ILF (Interchange Log File) Performance tuning of Production and DR the system before month end Configuration/Parameter level changes of Base24 System Base 24 session monitoring for users NEF(Network Environment File) and Transaction Security Services file sync to DR on daily basis Spooler Status Monitoring – Daily at regular intervals Monitoring Spooler and deleting unwanted jobs / Monitoring Disk Space Timely escalation to the concerned authorities within the bank in case the system starts flashing signs of irregular behavior Maintenance of Test Environment Support for UAT Audit Log Problems related to networking issues will be escalated to the Bank. Bank in turn to take up the matter with the vendor for resolving the issue Monitoring status on lines dedicated for external devices such as • • • • • • • Host Security Module Inform & co-ordinate with Bank and vendors, in case of problems are reported Monitoring C2C (Card 2 Card), EMS Splitter, Biometric Application etc. Assistance in solving the problem from various sources – Bank’s Monitoring Software. Monitoring extractor and replicator for data replication at the DR Tandem server Monitoring health of DR Tandem from primary site. Support during DR drill server J. Screen related services: Testing of screens and their deployment in production Changes in Logo/Screen and their testing and deployment Festival greeting screens, testing and deployment K. Telephonic support related: Handling transaction related queries from delivery channels and branches Handling ATM related queries Handling card related queries Handling report /interchange related queries from delivery channels / branches Page 14 of 59 RFP for Onsite Technical Support for Base24 ATM Switch L. 24X7 Help Desk support: For problems that the OTS resources deployed at the bank’s premises are not in a position to solve immediately. Help Desk of service provider would be available to the OTS resources on a 24X7 basis and would be manned by technically qualified personnel. M. Transaction Security Services (TSS) and HSM Related: Monitoring Thales Host Security Module TSS Process monitoring ISLO process monitoring Problems related to networking issues will be escalated to the Bank. Bank in turn to take up the matter with the vendor for resolving the issue N. Any other related activity: All the above activities will be carried out at the Bank’s ATM Switch Department located at Powai at a single location for better coordination and maximum of work force deployed by Vendor. O. Execution of DR Drills: Execution of DR Drills and provisions of associated support at the time of DR Drills. No separate charges for execution of DR Drill at any time. Pre Cut over Activities Cut over to DR system Operations Support Switch over to Production System Prepare an analysis report on the same (related to Time taken etc) Verify the reports across both the Production Tandem and the DR Tandem GGS (Golden Gate Software) support Monitor the replication activity across both systems Problems encountered during DR Drill shall be reported to bank immediately, if any Any other related activity P. Interchange related services: Support services related to MasterCard/ Visa interchange on day to day activities (except implementation of new interchanges, products) Monitoring and resolving issued for Bank’s sharing arrangements with other banks through ASP for all issues including Network/ connectivity Checking the status of system and cutover Monitoring for ATM and BICI Network. (Network Link and all related processes, mainly at night) BICI Network Page 15 of 59 RFP for Onsite Technical Support for Base24 ATM Switch Q. MAILS Monitoring status of Lines, TCP/ IP Ports and Host Security Module Timely escalation of problems Any other related activity asked by the Bank to perform Reply to ATM Switch Queries Reply to Debit Card Queries Reply to braches Queries Others Mails R. Fraud Risk Management Checking Cyber Crime related mails and Provide information as per requirement of the Bank to the Fraud Risk Management Team (FRMT) for the resolution of disputed transactions Reporting of all the cases to the FRMT\other Depts. of the Bank on weekly and monthly\or at other intervals as required by the Bank Any other related activity S. Prognosis Bank is monitoring the live status of the ATMs through Prognosis and hence the vendor/bidder should be able to support /troubleshoot any issues related to Prognosis. T. Advisory Services Providing assistance to the Bank and it officials interacting with other agencies for sharing, tie-ups, product services etc. U. Assistance in case of audit by regulators If any regulators like RBI decides to have an audit of operations of the bank then services provider, through its OTS team deployed within the bank’s premises would extend all possible support to the bank officials in order to help them to meet the regulatory requirements. V. Migration on another Switch In case, at any point of time bank migrates to another switch which is different from the existing setup, the vendor/bidder should continue to provide onsite technical support for the new switch. Page 16 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 4 Eligibility Criteria The Bank will use the following as pre-qualification criteria. Only those service providers fulfilling these criteria should respond to the tender: 4.1 The bidder should be a registered company in INDIA as per the Companies Act and have its registered office within the jurisdiction of INDIA. 4.2 The Bidder should be in operating profit excluding interest and taxes during any two of the last three financial years i.e. 2012-13,2013-14 and 2014-2015 (Please provide audited annual reports, Balance Sheet, Profit and Loss Accounts for the same. In case the annual reports of the last financial year are not audited or financial year is not completed, the Bidder shall provide audited annual reports for the previous three financial years). 4.3 Bidder should have provided Onsite Technical Support (OTS) services for Base24 ATM switch to at least one Scheduled Commercial Bank in India during the last one year (immediately preceding the last date of submission of the bids) which has a minimum installed base of 1000 ATMs at the time of submission of bids. Bidder to provide performance certificate/experience certificate for the above experience from the Bank in which such services were provided. 4.4 The bidder should have at least 25 dedicated IT professionals/engineers who can provide Onsite Technical Support services on Base24 ATM Switch system on its rolls having the qualifications as defined in Annexure – D. 4.5 The bidder should not have been black listed by any of Government Authority or Public Sector Undertaking (PSUs). The bidder shall give an undertaking (on their letter head) that they have not been black listed by any of the Govt. Authority or PSUs. In case, in the past, the name of their Company was black listed by any of the Govt. Authority or PSUs, the name of the company or organization must have been removed from the black list as on date of submission of the tender, otherwise the bid will not be considered (Please submit the declaration as per Annexure - L). 4.6 The bidder should have at least one operating office located in Mumbai (India). Bidder should submit proof in support of above mentioned criteria while submitting the proposal. Vendors who do not fulfill the above criteria or who fail to submit proof will be rejected at the beginning itself. The cutoff date will be the date of submission of RFP. 5 Terms and Conditions 5.1 The Bidder should submit bid solely and no consortium bidding is allowed. Page 17 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 5.2 The Bidder should provide Company’s Information on the number of Technical Resources /Support engineer on the roll of the company at the time of submission of bid as per Annexure-"C" 6 Contract with the Vendor 6.1 Bank will enter into a contract with the selected bidder. The contract needs to be signed within 30 days from the date of acceptance of purchase order. Payment will not be released in absence of signed contract. Consortium bidding for any of the solution will not be accepted. 7 Two Part Tender 7.1 Offers (Technical & Indicative commercial bids) must be submitted at the same time, giving full particulars in separate sealed envelopes addressed to the Asst. General Manager (DIT) duly super scribed " Onsite Technical Support (Facility Management) for Base24 ATM Switch “- Technical offer’ and ‘Onsite Technical Support (Facility Management) for Base24 ATM Switch – Indicative Commercial Offer, on or before 16:00 hours on 02.07.2015. The Technical offer (T.O) should be complete in all respects and contain all information asked for in this document. The Technical Offer should also contain the unpriced commercial bid without any price information. The relevant price information should be given only in Indian Rupees. The Indicative Commercial Offer (C.O) should not contradict the Technical Offer in any manner whatsoever. The Technical offers will be opened in the presence of vendors submitting offers at 16:15 hours on the due date i.e., 02.07.2015. All the vendors should note to attend the opening process on the given date and no separate intimation will be issued in this regard. 7.2 Opening of the Indicative commercial price bids will be subject to the bidders getting short-listed on the basis of technical evaluation. The offers should hold good up to six months from the last date of submission of tender. 7.3 For finalization of most competitive offer, the Bank will conduct ‘Reverse auction’. The detailed procedure for Reverse auction is given as per Annexure F. The technically qualified vendors will participate in the Reverse auction process. The vendors should furnish indicative prices for the project in their Indicative Commercial Offer (C.O) to facilitate ‘Reverse auction’ under EProcurement process. The lowest Indicative commercial offer (total cost) may be considered for starting bid of the reverse auction. Vendors should note that the indicative commercial offer is only for discover the starting bid for ‘Reverse auction process. The L-1 vendor will be decided only on finalization of prices through Reverse auction process. 7.4 It is mandatory to submit the Technical Offer as per the format suggested herein below duly filled in, along with the other documents. The Bank, at its discretion, may not evaluate a Technical Offer in case of non-submission or partial submission of technical & other details. The Bank will not normally Page 18 of 59 RFP for Onsite Technical Support for Base24 ATM Switch allow/permit changes in the technical specifications at a later date. Failure to submit this information along with the offer could result in disqualification. 7.4.1 The Technical Offer must be submitted in an organized and structured manner. No brochures/leaflets etc should be submitted in loose form. There should be one common serial number running through everything submitted. A recommended practice is to number the documents and show document number and page number in each document. 8 Overview of Evaluation Process 8.1 Technical evaluation process: 8.1.1 The bids received will be scrutinized to determine the fulfillment of Eligibility criteria as stipulated by the Bank. 8.1.2 The technical evaluation of those bidders who are meeting all the eligibility criteria will be carried out including the following: 8.2 Commercial evaluation process 8.2.1 The Indicative commercial proposals of only those bidders who are qualified in the technical evaluation would be opened and the lowest indicative prices may be taken as the starting bid for conducting Reverse auction under E-procurement process. The details of Reverse auction under E-procurement process are given as per Annexure - F. The L-1 vendor emerging from Reverse auction process will submit a detailed breakup of total cost (as per the Annexure - K) 9 No Erasures or Alterations 9.1 There should be no significant hand-written material, corrections or alterations in the offer. Technical details must be completely filled up. Correct technical information of the product being offered must be filled in. Filling up of the forms using terms such as “OK”, “accepted”, “noted”, “as given in brochure/manual” are not acceptable to the Bank. The Bank may treat offers not adhering to these guidelines as unacceptable. 10 Modification and/or Withdrawal of Bid 10.1 The bidder may modify or withdraw its bid’s submission, provided that written notice of the modification or withdrawal is received by the Bank prior to the deadline prescribed for submission of bids. 10.2 The Bidders’ modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance to the provision of Para “Submission of Bids”, with the envelope additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate. The withdrawal notice should be submitted to the Bank not later than the deadline for submission of bids. Page 19 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 10.3 No bid will be allowed to be modified after the deadline for submission of bids. 10.4 No bid shall be withdrawn in the intervening period between deadline for submission of bids and expiration of period of bid validity specified by the bidder in the submitted bid. 10.5 No bidder shall be allowed to withdraw the bid, if bidder happens to be successful bidder. 11 Bid Validity 11.1 The bidder shall keep the bid valid for 180 days from the last date of submission of bids. The bank reserves the right for extension of bid validity for another period of 90 days. 12 Right to alter RFP 12.1 Bank reserves the right to alter the RFP terms and conditions at any time before submission of the bids. 13 No Commitment to Accept Lowest or Any Tender 13.1 The Bank shall be under no obligation to accept the lowest or any other offer received in response to this tender notice. 13.2 The Bank further reserves the right to reject any or all offers based on its own evaluation of the offers received, or on the basis of stability, capabilities, track records, reputation among users and other similar credentials of a vendor. When the Bank makes any such rejection, the Bank will not be bound to give any reason and/or justification in this regard to the vendor. 14 Cost of RFP 14.1 The RFP document is available on the Bank’s website www.unionbankofindia.co.in or Government portal www.tenders.gov.in. Vendors can download the RFP and use it for submission. However, the cost of the RFP i.e., Rs. 5,000/- (non-refundable) should be paid by way of Demand Draft / Pay Order drawn in favour of Union Bank of India payable at Mumbai, while submitting the RFP to the Bank. The above demand draft/PO should be handed over to the Bank authorities in a separate envelope. The envelope should be duly super scribed as “Cost of RFP Rs. 5,000/- paid through Demand Draft /Pay Order)”.Offers without DD for Rs. 5,000/- will be rejected. Page 20 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 15 Bid Earnest Money Deposit (EMD) 15.1 The Vendor shall furnish, as a part of the Tender Document, a bid security for an amount of Rs.1 lakh (Rupees One lakh only) in the form of a demand draft / Pay order or Bank Guarantee (valid for Six months) obtained from a scheduled commercial bank other than Union Bank of India drawn in favor of Union Bank of India payable at Mumbai. 15.2 The bid security should form part of the Tender Documents (Technical Offer) submitted by the Vendor. Failure to comply with this condition viz., Bid Security of Rs.1 lakh shall result in summary rejection of the tender offer. 15.3 The bid security of unsuccessful Vendors shall be returned, only after the successful completion of the tender process. 15.4 The successful Vendor will extend the bid security or furnish a new bid security to cover the project implementation period and the bid security will be returned only upon the successful completion of project implementation. 15.5 The bid security shall be forfeited: 15.5.1 If a Vendor withdraws his offer during the period of validity of bid. 15.5.2 If the successful Vendor fails to execute the Project within the stipulated time schedule or if the order is cancelled in terms of Order cancellation clauses as mentioned elsewhere in this document. 15.5.3 No interest will be paid on the bid security amount. 15.6 The Bank’s decision in the above cases will be final. 16 Price composition 16.1 The price quoted should be in Indian Rupees on a fixed price basis and should include the following. 16.1.1 The charge to be quoted should be inclusive of all taxes, duties and levies. In the Indicative Commercial Offer, the vendor should provide breakup of taxes charged by them. The same also should be given in final offer of L-1 vendor after Reverse auction. 17 No Price Variation 17.1 The commercial offer shall be on a fixed price basis. No upward revision in the price would be considered on account of subsequent increases in customs duty, excise tax, sales tax etc. except service tax during the offer validity period. However, if there is any reduction on account of Page 21 of 59 RFP for Onsite Technical Support for Base24 ATM Switch government levies, during the offer validity period, the same shall be passed on to the Bank. 17.2 Since Bank is looking at a contract period of 7 years, and avail the services over a period, if there is any upward or downward revision on service tax during the SEVEN year period of the contract, the same shall be to the Bank’s account. Baring service tax, no changes in other tax will be to Bank’s account. 17.3 During contract period, the increase or decrease in service taxes and any new tax levied by Government for the services subscribed by the Bank under this tender will be to the Bank’s account. 18 Opening of Offers 18.1 Technical Offers will be opened on the scheduled date and time. The representative of the bidder can be present for the opening of the Technical Offers. No separate intimation will be given in this regard to the bidders, for deputing their representative. 19 Project period 19.1 The project will be for a period of 7 years. The performance of the vendor will be reviewed every year to ascertain vendor’s performance and capability to continue during the 7 years period. Bank will have the rights to extend the contract period up to another 3 years with the terms and conditions and the prices mutually agreeable to both the parties. 19.2 Notwithstanding the contract period of 7 years, Bank reserves right to retender at any time during the contract period for selection of new bidder. 20 Payment Terms 20.1 Bank will make payment as follows: 20.1.1 The cost of the Onsite Technical Resource services will be inclusive of all applicable taxes. TDS as applicable will be deducted by the bank at the time of release of payment. 20.1.2 Bank will not make any direct payment to the officials provided by the successful bidder 20.1.3 Payment will be made on quarterly basis on submission of Invoices after completion of the quarter (quarterly in arrears) 20.1.4 Submission of Invoices will have to be accompanied by an undertaking by the vendor of compliance of all applicable legal requirements as well as compliance of the Minimum Wages Act related to vendor’s staff deployed at Bank’s premises for activities related to this contract. Page 22 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 21 Penalties for extended downtime 21.1 As business critical Performance of the vendor selected through this RFP process in terms of the services being provided by the deployed resources in accordance with the terms stipulated and as per the scope of work specified in this RFP, shall be consistently monitored by the Bank. 21.2 Any deficiency in services shall attract penalty besides other punitive actions like invoking of the Performance Bank Guarantee and termination of contract etc. In case of any deficiency/delay in services being provided by OTS resources or instances of misconduct / misbehavior by the OTS resources, while performing their services with customers, Bank staff and other vendors etc, the successful bidder would be liable for penal action. 21.3 Some of the instances of deficiency in performing of services can be as under: - Failure/delay in performing services as per the Scope of Work - Absence of resources or failure to provide substitute resource / replacement resource(s) in case the strength of the resources goes down due to any reason, - Failure on the part of OTS resources for timely escalation of cases of disruptions in ATM Switch functioning and transactions to the concerned Departments, vendors, and officials of the Bank as per escalation matrix, - Delay in providing resource(s) after placement of order, - Instances of misconduct/misbehavior by the OTS resources with customers, Bank staff and other vendors. The above is an indicative list and not exhaustive. Penalty shall be levied as under: Penalty shall be levied on the basis of cost of per man-day. Per man-day cost shall be arrived at by dividing the finalized commercial quote of per month cost of One Resource by 30 (days). Deficiency in performance of services as per above referred or similar cases shall be quantified in terms of man-days. For instance, every single instance of misconduct liable for penal action, failure on the part of resources to timely escalation of disruption in services, failure in performing services etc shall be quantified as a man day and penalty will be deducted from the quarterly payment of OTS (Facility Management) services subject to a maximum of 15% of the total quarterly OTS fees payable to bidder. 21.4 However, repeated instances of deficiency/absence in services may also result in invocation of Performance Bank Guarantee and termination of the rate contract. It may also lead to disqualifying/barring the bidder from future assignments/blacklisting. Before levying any penalty, vendor would Page 23 of 59 RFP for Onsite Technical Support for Base24 ATM Switch be given an opportunity to offer explanation from its side; however Bank would have the final say in the matter of levying of the penalty. 22 Order Cancellation 22.1 The performance will be continuously reviewed by the Bank to keep maintain the terms & conditions as specified in the document. Based on the review, if the selected bidder fails to satisfy / maintain their commitment with respect to Performance, the contract may be terminated by giving 3 months notice period. Bank’s decision in this regard will be final. In case of termination of this contract, the Bank shall have the right to avail services of any other bidder/ agency to continue the project without any let or hindrance from bidder and the bidder has to provide necessary help for smooth switch over. 22.2 In addition to the cancellation of purchase order, Bank reserves the right to appropriate the bid security given by the vendor. 23 Operations team size proposed Shift Timings (subject to change in future as per bank’s requirement): Sr. No. Shift Timing No of Resources 1 2 3 4 5 07:00 AM to 03:00 PM [First Shift] 09.00. AM to 5.00 PM [General Shift-I] 12:00 PM to 08:00 PM [General Shift – II] 02.00 PM to 10:00 PM [Second Shift] 9.30 PM to 07.30 AM [ Night Shift] 2 (Two) L1 Resource 1 (One) L2 Resource 1 (One) L2 Resource 2 (Two) L1 Resource 2 (Two) L1 Resource Normally, during Sundays and Bank’s holidays, the presence of only Level 1 resources will be required. However, Bank reserves the right to call Level 2 resource (Team Leader) also during Sundays and holidays in case of exigencies. Presently, Eight (8) Vendor OTS resources will be required to support in the Shift timings as indicated in clause The number could however be increased in future depending upon Bank’s requirements. The deployment of additional resource would be at the same commercial terms for each resource (Level 1 and Level 2) which are finalized through this RFP process. During night shift, vendor will deploy a senior level OTS resource (amongst L1 resources) to take care of exigencies, if any, that may arise. Out of eight resources, two resources would be of L2 (Level Two) who would be Incharge of the OTS Team (Team Leader) and shall be overall responsible for smooth Page 24 of 59 RFP for Onsite Technical Support for Base24 ATM Switch functioning of the OTS (Facility Management) services as per the terms of the RFP. Remaining 6 resources would be of L1 (Level One).(Detailed qualifying norms of the Level One and Level Two have been explained in Annexure - D) Profile of the Vendor Resources for Production Support Services: Vendor’s support resources should be well versed in BASE24 and HP Non-Stop general operations. The Level 1 resource to be deployed must be minimum graduate with at least 1 year of IT experience in the field of BASE24 ATM Switch support. Level 2 engineers (Team Leader) to be posted at Bank must be minimum graduate with at least 2 year of IT experience in field of Base24 ATM Switch. Verification of credentials of OTS resources will be the responsibility of the Vendor at the time of deputing the resources at Bank’s site, Vendor will provide duly authorized Joining Letter/Appointment Letter to the resource based on which he/she will be allowed to work at the Bank’s site. The resources to be deployed at the ATM Switch will be subject to approval/concurrence by the Bank and Bank reserves the right to interview the personnel including Team Leader intended to be deployed at Bank’s Data Centre and Bank, in its discretion, may reject any resource intended by the vendor to be deployed at Bank’s site. (One of the Bidders had requested to be informed of the reasons for rejection) Bidder to ensure equally capable and trained resource leave arrangement in case of absence of any of the regular resources. Bidder to submit a certificate upfront at the time of signing of the SLA that it meets the government regulations of the Minimum Wages Act in terms of payment of salary to the resources deployed at Bank’s site. The said certificate would also require to be submitted along with the Invoices as and when submitted for release of payment. Bidder also has to submit a certificate regarding compliance of the applicable labour laws. The Resources deployed by the bidder at Bank’s site would also need to submit certificate that they are being paid by the Bidder in terms of the Minimum Wages Act and that the Bank has no role and responsibility in case the bidder does not adhere provisions of the Minimum Wage Act / Government guidelines in this regard. 24 Rules for Re-auction Bank may consider the option of a Re-Auction in following circumstances: Page 25 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 24.1 During the process of reverse auction, if there is either no bids from logged in vendors or only one vendor puts up bid/s, Bank may decide a re-auction by taking fresh Indicative prices from all qualified vendors in sealed cover only, to amend the start price for Re-auction. 24.2 In case the start price for the Reverse Auction event is decided by Bank and there are no bids or only one bid/s by a single vendor in the Reverse Auction, Bank may decide Re-Auction while further amending the start price. 24.3 Reverse auction will be valid only if two or more bidders are participating in the reverse auction event. 25 Bidders’ Obligations 25.1 The OEM/Bidder is responsible for managing the activities of its personnel or subcontracted personnel and will hold itself responsible for any misdemeanors. 25.2 The OEM/Bidder's representative & local office at Mumbai will be the contact point for the Bank and all the authentic status of Delivery and Installation should be made available in writing. 25.3 The OEM/Bidder will treat as confidential all data and information about the Bank, obtained in the execution of his responsibilities, in strict confidence and will not reveal such information to any other party without the prior written approval of the Bank. 26 Limitation on promotion 26.1 The vendor shall agree to make no reference to the Bank for the procurement of products and services hereunder or the agreement in any literature, promotional material, brochures, sales presentation or the like without the express prior written consent of the Bank. 27 Governing Law and Resolution of Disputes 27.1 The Bid and the subsequent Contract with the selected Bidder shall be governed in accordance with the Laws of India and will be subject to the exclusive jurisdiction of Courts in Mumbai. 27.2 All disputes and differences of any kind, whatsoever, between the Supplier and the Bank, arising out of or in relation to the construction, meaning, operation or effect of the Contract, shall be settled amicably by both Bank and the vendor. If after thirty days from the commencement of such informal negotiations, Bank and the vendor are unable to resolve amicably a contract dispute; either party may require that the dispute be referred for resolution by formal arbitration. 27.3 All questions, disputes or differences arising under and out of, or in connection with the contract, shall be referred to two Arbitrators: one Arbitrator to be nominated by the Bank and the other to be nominated by the vendor. In the case of the said Arbitrators not agreeing, then the matter will be referred to an umpire to be appointed by the Arbitrators in writing before proceeding with the reference. The award of the Arbitrators, and in the event of their not agreeing, the award of Page 26 of 59 RFP for Onsite Technical Support for Base24 ATM Switch the Umpire appointed by them shall be final and binding on the parties. The arbitration and conciliation act 1996 shall apply to the arbitration proceedings and the venue for arbitration shall be at Mumbai, India. In case the vendor would like to exit the project, the same shall be taken up by the Arbitration process. 28 Force Majeure 28.1 There shall be no liability or responsibility, on the part of both the Bank and the vendor for the consequences arising out of the interruption of the acts of God, Riots, Civil commotion, Insurrections, Wars or any other causes beyond their control or by any strikes or lock outs. 28.2 Any such interruption due to Force Majeure should be informed by the bidder/vendor to the Bank in writing within two days of such event. 29 Indemnity 29.1 The vendor shall, at its own expense, defend and indemnify the Bank against all third party claims for infringement of patent, trademark, design or copyright arising from use of products or any part thereof supplied by vendor. Vendor will provide infringement remedies and indemnities for third party products, on a pass through basis. The vendor shall expeditiously extinguish any such claims and shall have full rights to defend itself there from. If the Bank is required to pay compensation to a third party resulting from such infringement, the vendor shall be fully responsible to pay such compensation along with all costs, damages and attorney’s fees and other expenses that a court may finally awards, in the event of the matter being adjudicated by a court or that be included in a vendor approved settlement. The Bank will issue notice to the vendor of any such claim without delay and provide reasonable assistance to the vendor in disposal of such claim, and shall at no time admit to any liability for, or express any intent, to settle the claim. The vendor shall also reimburse all incidental costs, which the Bank incurs in this regard. 29.2 In the event of the vendor not fulfilling its obligations under this clause within the period specified in the notice issued by the Bank, Bank has the right to recover the amounts due to it under this provision from any amount payable to the vendor under this project. 29.3 The indemnities under this clause are in addition to and without, prejudice to the indemnities given elsewhere in this agreement. 30 Limitation of Liability 30.1 Vendor's aggregate liability under the contract shall be limited to a maximum of the Contract value. This limit shall not apply to third party claims for bodily injury (including death) and damage to real property and tangible personal property caused by vendor's gross negligence. For the purpose of this section, Contract value at any given point of time, means the aggregate value of the purchase orders placed by Bank on the vendor that gave rise to claim, under this tender. Vendor shall not be liable for any indirect, consequential, incidental or special damages under the agreement/ purchase order. Page 27 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 31 Patents Rights 31.1 The supplier shall, at their own expense, defend and indemnify the Bank against all third party claims or infringement of intellectual Property Right, including Patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India or abroad. 31.2 The supplier shall expeditiously extinguish any such claims and shall have full rights to defend itself there from. If the Bank is required to pay compensation to a third party resulting from such infringement, the supplier shall be fully responsible for, including all expenses and court and legal fees. 31.3 The Bank will give notice to the Supplier of any such claim without delay, provide reasonable assistance to the Supplier in disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim. 31.4 The Supplier shall grant to the bank a fully paid-up, irrevocable, non-exclusive license throughout the territory of India or abroad to access, replicate and use software (and other software items) provided by the supplier, including-all inventions, designs and marks embodied therein in perpetuity. 32 Confidentiality 32.1 This document contains information confidential and proprietary to the Bank. Additionally, the vendors will be exposed by virtue of the contracted activities to the internal business information of the Bank. Disclosures of receipt of this RFP or any part of the aforementioned information to parties not directly involved in providing the services requested could result in the disqualification of the vendors, premature termination of the contract, and / or legal action against the vendors for breach of trust. 32.2 Selected vendor will have to sign a legal non-disclosure agreement with the Bank before starting the project. 32.3 The vendor (and his employees) shall not, unless the Bank gives permission in writing, disclose any part or whole of this RFP document, of the proposal and/or contract, or any specification, plan, drawing, pattern, sample or information furnished by the Bank (including the users), in connection therewith to any person other than a person employed by the bidder in the performance of the proposal and/or contract. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. The employees or the third party engaged by the bidder will maintain strict confidentiality. 32.4 The vendor, his employees and agents shall not, without prior written consent from the Bank, make any use of any document or information given by the Bank or its Authorized personnel, except for purposes of performing the contract award. 32.5 In case of breach the Bank shall take such legal action as it may be deemed fit." Page 28 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 32.6 The above obligation will survive even in case of termination/completion of contract. 33 Other terms and conditions 33.1 In case any information furnished during the bidding process is found to be incorrect, Bank will not only be summarily rejecting the current bid but the company itself may be blacklisted from any future bidding with the Bank. The Bank may share such information with Indian Bankers’ Association (IBA), which is the voluntary representative body of all banking institutions in the country, who, in turn, may share the information among its member institutions. 33.2 Please note that any other terms and conditions whether implicitly or explicitly stated in any of your responses will be ignored. 34 Performance Bank Guarantee 34.1 The Bank wish to award this project to the selected bidder for an initial period of 7 years extendable by another 3 years. During the contract period, as the Bank would be running its business critical applications and ensuring strict compliance to the terms and conditions of this tender, it is desired that the selected bidder should provide a Performance Bank Guarantee for value of 10% of the annual contract value (payable to the vendor by the Bank). The vendor should submit the BG valid for one year and should renew the BG three month before expiry of BG failing which Bank may invoke the BG. Page 29 of 59 RFP for Onsite Technical Support for Base24 ATM Switch TECHNICAL OFFER 35 ANNEXURE 1.1 ANNEXURE – A (Compliance to Eligibility Criteria) Sl No. Eligibility Criteria Supporting Documents to be submitted 1. The bidder should be a registered company in INDIA as per the Companies Act and have its registered office within the jurisdiction of INDIA. Certificate of Incorporation 2. The Bidder should be in operating profit excluding interest and taxes during any two of the last three financial years i.e. 2012-13,2013-14 and 2014-2015 (Please provide audited annual reports, Balance Sheet, Profit and Loss Accounts for the same. In case the annual reports of the last financial year are not audited or financial year is not completed, the Bidder shall provide audited annual reports for the previous three financial years). Balance sheets and Profit and Loss statements 3. Bidder should have provided Onsite Technical Support (OTS) services for Base24 ATM switch to at least one Scheduled Commercial Bank in India during the last one year (immediately preceding the last date of submission of the bids) which has a minimum installed base of 1000 ATMs at the time of submission of bids. Bidder to provide performance certificate/experience certificate for the above experience from the Bank in which such services were provided. Satisfactory Performance certificates from the client where the bidder provided/is providing onsite support service Compliance (Y/N) Detail of proof Attached Page 30 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 4. The bidder should have at least 25 dedicated IT professionals/engineers who can provide Onsite Technical Support services on Base24 ATM Switch system on its rolls having the qualifications as defined in Annexure – “D” (List of names, designation, experience (in years) and qualification of IT professionals / engineers duly signed by authorized official to be attached.) List of professionals including their name, designation, experience (in years) and qualification 5. The Bidder should not have been blacklisted / debarred by any Bank(s)/Financial Institutions in India in the last three years. The Bidder has to submit self certification on their letterhead. Undertaking certificate from company secretary 6. The bidder should have at least one operating office located in Mumbai (India). Page 31 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.2 ANNEXURE – B (Bidder Information) S.No 1. 2. 3. 4. 5 a. 5 b. Information Company Name Particulars / Response Date of Incorporation Name and Address of authorized person/Company Secretary (Please enclose the copy of company resolution) Contact Person(s) Phone Fax email Website Bidder’s experience in providing OTS Services at Base24 Switches to the Scheduled Commercial Banks in India: a. Number of Banks where OTS services on BASE24 ATM Switches has been provided by the bidder in india b. Names of Banks Please rovide details of each Scheduled Commercial banks individually where such services has been provided by the Bidder: • Name of the Bank • Customer Reference details (name,telephone, email of the contact person) • Number of ATMs directly connected to switch. • Average monthly transactions handled at BASE24 ATM Switch • Start Date of the OTS (Facility Management) 24x7x365 services • Is the services still being provided • Total number of completed years of OTS (Facility Management) 24x7x365 services provided in the Bank • Are the services being provided on Onsite basis or offsite basis • Broad features of OTS (Facility Management) 24x7x365 services being provided • Number of resources deployed of various levels • Any other details Documentary proof confirming the details of the same is to be provided Page 32 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 6. 7. Any pending or past litigation (within three years)? If yes please give details Also mention the details of claims and complaints received in the last three years (About the Company / products and services that are sold / licensed by the company). Please mention operating profit excluding interest and taxes for last three financial years and include the copies of Balance Sheet in support of it. Yes/No/Comments (if option is Yes) Year Operating Profit (exclusive of interest & Taxes) Rs.(in lacs) 01.04.201231.03.2013 01.04.201331.03.2014 01.04.201431.03.2015 8. Details of Technical Resources on the rolls of the Bidder including the total number deployed at various clients side SIGNATURE OF BIDDER WITH SEAL NAME OF THE AUTHORISED SIGNATORY Page 33 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.3 ANNEXURE – C (Profile of Resources) Vendor should submit brief profile of the resources on the rolls of the Company in the below mentioned format: Details of no of technical Resources/support engineers on the rolls of the Company at the time of submission of bid who are well versed with Base24 software and who can perform services as per the Scope of Work of this RFP, to be provided in the following format: No of years experience of providing Onsite Technical Support (OTS) services on Base24 Less than 1 year No of resources currently on the rolls of the company between 1- 2 years more than 2 years Total no of resources We confirm that, all the details mentioned above are true and correct and if the Bank observes any misrepresentation of facts on any matter at any stage of evaluation, the Bank has the right to reject the proposal and disqualify us from the process. We hereby acknowledge and unconditionally accept that the Bank can at its absolute discretion apply whatever criteria it deems appropriate, not just limiting to those criteria set out in the RFP document, in short listing of bidders for providing OTS (Facility Management) services on 24X7X365 basis. We also acknowledge the information that this bid is valid for a period of one year, for the short-listing purpose, from the date of expiry of the last date for submission of bid. SIGNATURE OF BIDDER WITH SEAL NAME OF THE AUTHORISED SIGNATORY Page 34 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.4 ANNEXURE – D (Profile of Technical Resources) The bidder should mention as Yes/NO in the column and also mention remarks/ response under „Response/ Remarks of Bidder‟. Remarks/ Response are mandatory in case of „NO‟. The bidder should be able to provide the entire Professional listed below as per the requirement of the bank: Level One (Level 1) Resources S. No. Area of Expertise required Yes/ No 1. Vendor’s support resources should be well versed in BASE24 and HP Non-Stop general operations 2. Minimum one year of experience of Resources on Base 24 application 3. Whether the Resources are adequately trained in Base 24 application? Response/ Remarks of Bidder Level Two (Level 2) Resources (Team Leader) S. No. Area of Expertise required Yes/ No 1. Vendor’s support resource should be well versed in BASE24 and HP-Non Stop general operations 2. Minimum 2 years Experience of Base 24 application 3. Whether the Resource is adequately trained in Base 24 application? Response/ Remarks of Bidder Resource on Bidder should provide a self certification for the past experience for the resources being deployed in the bank. Verification of credentials of OTS resources will be the responsibility of the Vendor. At the time of deputing the resources at bank’s site, Vendor will provide joining letter to the resource based on which he/she will be allowed to work at the banks site. In the event of transfer/ resignation of any resource working at bank’s site, prior information in this regard should be given to the bank before relieving. SIGNATURE OF BIDDER WITH SEAL NAME OF THE AUTHORISED SIGNATORY Page 35 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.5 ANNEXURE – E (Letter to be submitted by bidder) To The Assistant General Manager 2nd Floor, Union Bank of India, Technology Center, Adi Shankaracharya Marg, Opp. Powai Lake, Powai, Andheri (East) Mumbai-400072 Sir Reg: Our bid for Onsite Technical Support (OTS) at Union Bank’s ATM Switch We submit our Bid Document herewith. If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by the Bank to do so, a contract in the prescribed form. Unless and until a formal contract is prepared and executed, this bid together with your written acceptance thereof shall constitute a binding contract between us. We understand that if our Bid is accepted, we are to be jointly and severally responsible for the due performance of the contract. We understand that the Bank is not bound to accept the lowest or any bid received by the Bank, and the Bank may reject all or any bid; and it may accept or entrust the entire work to one bidder or divide the work to more than one bidder without assigning any reason or giving any explanation whatsoever. We understand that the names of short listed bidders after the completion of first stage (Technical Bid) and the name of the successful bidder to whom the contract is finally awarded after the completion of the second stage (Commercial Bid), shall be communicated to the bidders either over phone/email/letter/notice board. Dated at __day of_______2015 Yours faithfully, For ______________________ Signature __________________ Name _____________________ Address __________________ (Authorised Signatory) Page 36 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.6 ANNEXURE – G (Letter of Undertaking on Company Letter head) To, Asst. General Manager 2nd Floor, Union Bank of India, Technology Centre, AdiShankaracharyaMarg, JogeswariVikhroli Link Road, Mumbai – 400 072, INDIA Telephone No: 91-22-25710234 Dear Sir, for OTS (Facility Management) Management) for Base24 ATM Switch Reg.: RFP 24x7x365 services (Facility We herewith submit our Bid Document. We understand that You are not bound to accept the lowest or any bid received by you, and you may reject all or any bid. If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by the Bank to do so, a contract in the prescribed form. Unless and until a formal contract is prepared and executed, this bid together with your written acceptance thereof shall constitute as a binding contract between us. If our bid is accepted, we are to be jointly and severally responsible for the due performance of the contract. You may accept or entrust the entire work to one bidder or divide the work to more than one bidder without assigning any reason or giving any explanation whatsoever. Bidder means the bidder who is decided and declared so after examination of commercial bids through the process of Reverse Auction. The names of shortlisted bidders after the completion of first stage (Technical Bid), and the same of successful bidder to whom the contract is finally awarded after the completion of second stage (Commercial Bid evaluation through Reverse Auction), shall be displayed on the Notice Board of the Bank at Union Bank of India, Technology Centre, Department of Information Technology, Adi Shankaracharya Marg, Opp Powai Lake, Powai, Mumbai. Dated at ____________this _______________day of _______________2015 Yours faithfully, For: Signature: Name: ___________________________ ___________________________ ___________________________ Page 37 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.7 ANNEXURE – G (Compliance Statement) To, Asst. General Manager 2nd Floor, Union Bank of India, Technology Centre, AdiShankaracharyaMarg, JogeswariVikhroli Link Road, Mumbai – 400 072, INDIA Telephone No: 91-22-25710234 Dear Sir, Sub: Your RFP for OTS (Facility Management) services for Base24 ATM Switch We submit our Bid Document herewith. We further confirm that the offer is in conformity with the terms and conditions as mentioned in the RFP. We also confirm that the offer shall remain valid for 6 months from the date of the offer. If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by the Bank to do so, a contract in the prescribed form. Unless and until a formal contract is prepared and executed, this bid together with your written acceptance thereof shall constitute a binding contract between us. We hereby confirm that we are agreeable to support the services initially for a period of 7 years, extendable by another 3 years on mutually agreed prices and terms and conditions. We understand that if our Bid is accepted, we are to be jointly and severally responsible for the due performance of the contract. We hereby agree to participate and abide by all terms and conditions of Reverse Auction. All the Annexure with other Technical documents duly filled in and signed are enclosed. We understand that the Bank is not bound to accept the offer either in part or in full and that the Bank has right to reject the offer in full or in part without assigning any reasons whatsoever. Yours faithfully, Authorized Signatories (Name & Designation, seal of the firm) Date: Page 38 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.8 ANNEXURE – J (Bank Guarantee Format) To, Asst. General Manager 2nd Floor,Union Bank of India Technology Center, 1/1A, Adisankaracharya Marg, Next to India Register of Shipping, Opp. Powai Lake, Jogeshwari-Vikhroli Link Road (JVLR), Andheri (East), Mumbai – 400072 Dear Sirs, In response to your invitation to Request for Proposal for OTS (Facility Management) 24x7x365 services at Base24 ATM Switch published in newspaper and website, on __________ and subsequent corrigendum/amendments. ________________(vendor name) its Registered Office at ______________ (hereinafter called the ‘Vendor’) wish to respond to the said Request for Proposal (RFP) and submit the proposal for OTS (Facility Management) services for Base24 ATM Switch on 24X7X365 basis Whereas the ‘Vendor’ has submitted the proposal in response to RFP, We ____________Bank incorporated under the Companies Act 1956 and carrying on the business of banking under the Banking Regulation Act, having its registered office at _____________ and one of its branch office at _________(hereinafter referred to as the ‘Bank’ which expression shall, unless repugnant to the context or meaning thereof, includes its successors, administrators, executors and assigns)hereby irrevocably guarantee an amount of Rs _____________/- (Rupees .. only)as bid security as required to be submitted by the ‘Vendor’ as a condition for participation in the said process of RFP. The Bid Condition for which this guarantee is given is liable to be enforced/ invoked: 1) If the order is cancelled in the event of delay Or 2) If the Vendor withdraws his proposal during the period of the proposal validity Or 3) If the Vendor, having been notified of the acceptance of its proposal by the Bank during the period of the validity of the proposal fails or refuses to enter into the contract in accordance with the Terms and Conditions of the RFP. Or 4) Due to any other deviation from RFP terms. We undertake to pay on receipt of a written demand on or before to Union Bank of India the said amount of Rs _____________/- (Rupees … only) without any reservation, protest, or demur, The said guarantee is liable to be invoked/ enforced on the happening of the contingencies as mentioned above and also in the RFP document and we shall pay the guaranteed amount on written demand made by Union Bank of India on or before the expiry of this bank guarantee which shall be conclusive and binding on us irrespective of any dispute or difference raised by the vendor. Notwithstanding anything contained herein: 1) Our liability under this Bank guarantee shall not exceed Rs _____________/- (Rupees .. only) 2) This Bank guarantee will be valid up to ___________ and Page 39 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 3) We are liable to pay the guarantee amount or any part thereof under this Bank guarantee only upon service of a written claim or demand by you on or before _________ The Bank, through the authorized officer has sets its hand and stamp on this _______________ day of __________________ at _________________. Name of signatory Designation Bank Common Seal Page 40 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.9 ANNEXURE – H (Confidentiality –cum- Non Disclousure Agreement) This Confidentiality –cum- Nondisclosure Agreement is entered into at ______onthis _____ day of ________ 2015, between ______ (Insert Name of the Service Provider) a company within the meaning of Companies Act, 1956, having its Registered Office at (herein after called Service Provider) and Union Bank of India, a Body Corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 having its Head Office at Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai - 400002 having its Technology Center at 1/1A, Adi Sankaracharya Marg, Opposite Powai Lake, Andheri East, Mumbai – 400072 (herein after referred to as UBI) The Service Provider and UBI would be having discussions and negotiations concerning the establishment of and during continuance of a business relationship between them as per Agreement dated _______ (hereinafter referred to as Agreement). In the course of such discussions and negotiations, it is anticipated that either party may disclose or deliver to the other party certain of its trade secrets or confidential or proprietary information for the purpose of enabling the other party to evaluate the feasibility of such a business relationship. The parties have entered into this Agreement, in order to assure the confidentiality of such trade secrets and confidential and proprietary information in accordance with the terms of this Agreement. As used in this Agreement, the party disclosing Proprietary Information (as defined below) is referred to as the „Disclosing Party‟ and will include its affiliates and subsidiaries, the party receiving such Proprietary Information is referred to as the „Recipient‟, and will include its affiliates and subsidiaries. Now this Agreement witnessed:1.Proprietary Information: As used in this Agreement, the term “Proprietary Information‟ shall mean all trade secrets or confidential or Proprietary Information designated as such in writing by the Disclosing Party, whether by letter or by the use of an appropriate prominently placed Proprietary stamp or legend, prior to or at the time such trade secret or confidential or Proprietary Information is disclosed by the Disclosing Party to the Recipient. Notwithstanding the forgoing, information which is Orally or visually disclosed to the recipient by the Disclosing Party or is disclosed in writing unaccompanied by covering letter, proprietary stamp or legend, shall constitute proprietary information if the disclosing party, within 10 (ten) days after such disclosure, delivers to the Recipient a written document or documents describing such Proprietary Information and referencing the place and date of such oral, visual or written disclosure and the names of the employees or officers of the Recipient to whom such disclosure was made. 2. Confidentiality: a) Each party shall keep secret and treat in strictest confidence all confidential information it has received about theother party or its customers and will not use the confidential information otherwise than for the purpose of Page 41 of 59 RFP for Onsite Technical Support for Base24 ATM Switch performing its obligations under this Agreementin accordance with its terms and so far as may be required for the proper exercise of the Parties respective rights under this Agreement. b) The term “confidential information‟shall include all written or oral information (including information received from third parties that the “Disclosing Party‟ is obligated to treat as confidential) that is (i) clearly identified in writing at the time of disclosure as confidential and in case of oral or visual disclosure, or (ii) that a reasonable person at the time of disclosure reasonably would assume, under the circumstances,to be confidential.Confidential information shall also include, without limitation, software programs, technical data, methodologies, know-how, processes, designs, new products, developmental work, marketing requirements, marketing plans, customer names, prospective customer names, customer information and business information of the „Disclosing Party‟. 3. Non-Disclosure of Proprietary Information: For the period during the Agreement or its renewal, the Recipient will: (a) Use such Proprietary Information only for the purpose for which it was disclosed and without prior written authorization of the Disclosing Party shall not use or exploit such Proprietary Information for its own benefit or the benefit of others. (b) Protect the Proprietary Information against disclosure to third parties in the same manner and with the reasonable degree of care, with which it protects its confidential information of similar importance: and (c) Limit disclosure of Proprietary Information received under this Agreement to persons within its organization and to those 3rd party contractors performing tasks that would otherwise customarily or routinely be performed by its employees, who have a need to know such Proprietary Information in the course of performance of their duties and who are bound to protect the confidentiality of such Proprietary Information. 4. Limit on Obligations: The obligations of the Recipient specified in clause 3 above shall not apply and the Recipient shall have no further obligations, with respect to any Proprietary Information to the extent that such Proprietary Information: a) Is generally known to the public at the time of disclosure or becomes generally known without any wrongful act on the part of the Recipient, b) Is in the Recipient’s possession at the time of disclosure otherwise than as a result of the Recipient’s breach of a legal obligation; c) Becomes known to the Recipient through disclosure by any other source, other than the Disclosing Party, having the legal right to disclose such Proprietary Information. Page 42 of 59 RFP for Onsite Technical Support for Base24 ATM Switch d) Is independently developed by the Recipient without reference to or reliance upon the Proprietary Information; or e) Is required to be disclosed by the Recipient to comply with applicable laws or governmental regulation, provided that the recipient provides prior written notice of such disclosure to the Disclosing Party and takes reasonable and lawful actions to avoid and/or minimize the extent of such disclosure. 5. Return of Documents: The Recipient shall, upon the request of the Disclosing Party, in writing, return to the Disclosing Party all drawings, documents and other tangible manifestations of Proprietary Information received by the Recipient pursuant to this Agreement (and all copies and reproductions thereof) within a reasonable period. Each party agrees that in the event it is not inclined to proceed further with the engagement, business discussions and negotiations, or in the event of termination of this Agreement, the Recipient party will promptly return to the other party or with the consent of the other party, destroy the Proprietary Information of the other party. 6. Communications: Written communications requesting or transferring Proprietary Information under this Agreement shall be addressed only to the respective designees as follows (or to such designees as the parties hereto may from time to time designate in writing) M/s __________________________________ (UBI) Attn: _________________________________ Attn: ________________________________ 7. Term: The obligation pursuant to Clause 2 and 3 (Confidentiality and NonDisclosure of Proprietary Information) will survive for ----- years following the term of the Agreement dated _____ . Nothing herein contained shall be construed as a grant by implication, estoppels, or otherwise or a license by either party to the other to make, have made, use or sell any product using Proprietary Information or as a license under any patent, patent application, utility model, copyright or any other industrial or intellectual property right covering same. 8. Damages: The provisions of this Agreement are necessary for the protection of the business goodwill of the parties and are considered by the parties to be reasonable for such purposes. Both the parties agree that any breach of this Agreement will cause substantial and irreparable damages to the other party and, therefore, in the event of such breach, in addition to other remedies, which may be available, the party Page 43 of 59 RFP for Onsite Technical Support for Base24 ATM Switch violating the terms of Agreement shall be liable for the entire loss and damages on account of such disclosure. Each party agrees to indemnify the other against loss suffered due to breach of contract and undertakes to make good the financial loss caused directly or indirectly by claims brought about by its customers or by third parties. 9. Miscellaneous: a) This Agreement may not be modified, changed or discharged, in whole or in part, except by a further Agreement in writing signed by both the parties. b) This Agreement will be binding upon and ensure to the benefit of the parties hereto and it also includes their respective successors and assigns c) The Agreement shall be construed and interpreted in accordance with the laws prevailing in India. In witness whereof, the parties hereto have agreed, accepted and an acknowledged and signed these presents, on the day, month and year mentioned herein above. For M/s Authorized Signatory Designation _______________ For Union Bank of India Authorized Signatory Designation _____________ Page 44 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.10 ANNEXURE - I (Resource Details) A. BRIEF PROFILE OF THE LEVEL ONE RESOURCES TO BE DEPLOYED AT BANK’S SITE S.NO NAME DESIGNATION PART TIME/ FULL TIME ROLE (TASK / MODULE) PROFESSIONAL QUALIFICATION YEARS OF SIMILA R EXPERI ENCE 1 2 3 4 5 6 7 8 9 10 B. INDIVIDUAL CVs FOR TEAM LEADER (Level 2 Resource) Description: Name of the Resource: Role of the Resource: Employee of the firm / company since: Designation: Educational Qualification: Other Certifications/accreditations: Employment History: Total Banking Experience (no. of years, areas of experience): Details: Experience in similar projects in the past three years (including client details, role of member, activities performed, and duration of experience) as follows: S.NO Client Organization Details Experience in Months & year Details Of assignment done & Role Assigned Page 45 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.11 S. No. 1. ANNEXURE – J (Check List – Technical Bid) Documents Submitted in Bid (Page No. in the document ) Supporting documents in respect of Pre qualification criteria as per Annexure - A. 2. Bidder’s information as per of Annexure-B. 3. Company’s Technical HR Information as per Annexure –C. 4. Requirement of IT professionals as per Annexure – D. 5. Letter to be submitted by bidder along with bid documents as per Annexure –E. Acceptance of Compliance Statement Annexure –F. 6. 7. 8. 9. Bid Earnest Money online or in the form of BG as per Annexure –G. Copy of last two years audited balanced sheet. 10. Power of attorney and Board resolution in favor of authorized person signing the Bid documents. Acceptance to NDA (non-disclosure agreement) 11. Compliance of Labour Law 12. Other (Please Specify) Note: All pages of bid documents must be signed by authorized person and all pages of the bid document should be numbered in serial order i.e.1, 2, 3… Page 46 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.12 ANNEXURE – J (Commerical Bid) SNo. Description Onsite Technical Support (Facility Management) for Base24 ATM Switch on 24X7X365 Total Amount in Words: 1 No.of Resources Base Amount for 8 Resources per month Taxes Total Amount in Rupees inclusive of all Taxes per month 8 Note: - TDS as applicable will be deducted by the bank at the time of release of payment. - Any downward/upward revision in service tax during the contract period will be passed on to the Bank. Page 47 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.13 ANNEXURE – L (Not Blacklisted company format) (To be submitted on the letter head of the vendor company) Place: Date: To: Asst. General Manager Union Bank of India Department of Information Technology, Technology Center,2nd Floor AdiShankaracharyaMarg, (JVLR), Opp. Powai Lake, Andheri – East, Mumbai- 400072 Undertaking (To be submitted by all Bidder’s on their letter head) We ________________________(bidder name), hereby undertake that- • As on date of submission of tender, we are not blacklisted by the Central Government / any of the State Governments in India or any Financial Institution in India. • We also undertake that, we are not involved in any legal case that may affect the solvency / existence of our firm or in any other way that may affect capability to provide / continue the services to bank. Yours faithfully, Authorized Signatories (Name, Designation and Seal of the Company) Date: Page 48 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.14 Sr. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ANNEXURE – M (Compliance to RFP terms & conditions) Clause details Vendor's compliance (Yes/No) Remarks Scope of Work Eligibility Criteria Cost of RFP and Bid security Terms and Conditions Profile of Facility Management Resources Non-disclosure agreement Two part offer Submission and Acceptance of Vendor Proposals Offer validity period Proposal Format No Erasures or Alterations Price composition Opening of offers Evaluation Process No Commitment to Accept Lowest or Any Tender Payment Terms Order cancellation No Erasures or Alterations Modification and/or Withdrawal of Bid Bid Validity Right to alter RFP Reverse Auction Penalties Authorized Signatories (Name & Designation, seal of the firm) Date: Page 49 of 59 RFP for Onsite Technical Support for Base24 ATM Switch 1.15 ANNEXURE - F (Reverse Auction Process) Reverse Auction through E-Procurement The detailed procedure for Reverse Auction to be followed in the RFP for OTS (Facility Management) 24x7x365 services for Base24 ATM Switch is given below: The response to the present tender will be submitted by way of submitting the Technical offer & Indicative Commercial offers in separate in sealed covers. The technical details with the relevant information/documents/acceptance of all terms and conditions strictly as described in this tender document will have to be submitted by the Vendors. The Indicative commercial bids submitted by the vendors who are short listed in the technical bid evaluation process will be opened and those vendors will be invited to participate in the online Reverse Auction to be conducted by the company selected by the Bank. Vendors who are short listed from Technical evaluation will be trained by the Reverse Auction Company for this purpose, and they will have to abide by the E-business rules framed by the Bank in consultation with Reverse Auction Service provider. The e-business rules are furnished hereunder in this document. Further, please note that the vendor(s) who do not qualify in the technical bid processes will not be considered for participation in Reverse Auction. BUSINESS RULES FOR REVERSE AUCTION APPLICABILITY: Reverse Auctions are carried out under the framework of rules that are called Business Rules. 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 Annexure F-1. Any vendor not willing to submit such an undertaking shall be disqualified for further participation respecting the procurement in question. ELIGIBILITY: Only vendors who are technically qualified and who submit the prescribed undertaking to the Bank alone can participate in Reverse Auction relevant to the procurement for which RFP is floated. Page 50 of 59 RFP for Onsite Technical Support for Base24 ATM Switch COMPLIANCE/CONFIRMATION FROM VENDORS: The vendors participating in Reverse Auction shall submit the following duly signed by the same Competent Authority who signs the offer documents in response to the RFP: • Acceptance of Business Rules for Reverse Auction and undertaking as per format in Annexure F-1. • Agreement between service provider and vendor. (This format will be given by the service provider prior to announcement of Reverse Auction.) • Letter of authority authorizing the name/s of official/s to take part in Reverse Auction as per format in Annexure F-2. TRAINING: • The Bank will facilitate training for participation in Reverse Auction either on its own or through the service provider for the Reverse Auction. • Where necessary, the Bank/service provider may also conduct a ‘mock reverse auction’ to familiarize the vendors with Reverse Auction process. • 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 complaint/grievance later. TOTAL COST OF OWNERSHIP (TCO): TCO refers to the aggregate amounts payable by the Bank for transfer of ownership. TCO shall encompass but not be limited to the following: • Cost of the equipment/product or services. • License fee (Corporate or user specific as defined in RFP) including OS/Data Base/Application licenses). • All existing taxes (including sales tax/VAT, service tax etc.), duties and levies. • Installation and commissioning charges, if any. • The prices should include the comprehensive onsite warranty maintenance of the equipments covering all components, services, and visits to the concerned offices as specified in the RFP. • Annual Maintenance Charges for the period as specified in the RFP. • Transportation and Forwarding charges to respective sites. • Training costs for the product/service/equipment if and as defined in RFP. Page 51 of 59 RFP for Onsite Technical Support for Base24 ATM Switch • Service Level Agreement (SLA) costs as defined in RFP for applicable period. • Facility Management/infrastructure support costs as defined in RFP. • Insurance to cover the equipment for and from transit period till installation. The TCO shall be arrived at after deducting ‘buy back’ costs involved and if/as defined in the RFP. TCO, however, shall not include variables of octroi and entry tax. These shall be paid as per actual and on production of receipts. However, no penalties respecting octroi or entry tax shall be paid by the Bank and the vendor shall bear such expenses. DATE/TIME FOR TRAINING: • The Venue, Date, Time etc. for training in Reverse Auction shall be advised at the appropriate time. • The Bank shall Endeavour to fix such Date/Time at mutual convenience to the vendor/s, service provider and the Bank. • 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. DATE/TIME OF REVERSE AUCTION: The Date and Time of commencement of Reverse Auction as also Duration of ‘Reverse Auction Time’ shall be communicated at least 7 working Days prior to such auction Date. 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’. CONDUCT OF REVERSE AUCTION: The Reverse Auction shall be conducted on a specific web portal meant for this purpose. The Reverse Auction may be conducted by the Bank itself or through a service provider specifically identified/appointed/empanelled by the Bank. Page 52 of 59 RFP for Onsite Technical Support for Base24 ATM Switch SERVICE PROVIDER’S ROLE & RESPONSIBILITIES: In all Reverse Auctions conducted by the Bank through a Service Provider, the Bank shall enter into a separate agreement clearly detailing the role and responsibilities of the service provider hosting the web portal for the Reverse Auction. For creating necessary obligations and rights, the service provider will also enter into an agreement with each vendor as per a format designed by him for this purpose. The Bank shall resolve any points/issues concerning such agreement of vendor and service provider. While a Service Level Agreement (SLA) by the bank with the service provider is an arrangement for smooth and fair conduct of the Reverse Auction, the Bank shall be directly responsible to vendors for fair and transparent conduct of Reverse Auction. The service provider at the end of each Reverse Auction shall provide the bank with all details of the bids and reports of reverse auction. The service provider shall also archive the data pertaining to the Reverse Auction for a minimum period of 3 years. TRAINING AND AUCTION: • Service provider / auctioneer are responsible for conduct of adequate training to all technically qualified bidders representing the reverse auction and bidding process. • Each vendor / bidder shall participate in the training at his / their own cost. • Wherever it is considered necessary and asked by the bidders or as decided by the auctioneer or by Bank a mock auction may also be conducted for the benefit of all concerned. • Authorized representatives of the bidders named in the authorization letter given by the vendor (Annexure B) shall be given unique user name, password by the service provider / auctioneer. • Each bidder shall change the password and edit the information in the registration page after receipt of initial password. • All the bids made from the log-in ID given to bidder shall ipso-facto be considered bid made by the vendor / bidder to whom log-in ID and password were assigned by the service provider / auctioneer. • Any bid once made through registered log-in ID / password by the vendor / bidder cannot be cancelled. The bidder, in other words, is bound to sell the “Offering” as per the RFP at the bid price of TCO. Page 53 of 59 RFP for Onsite Technical Support for Base24 ATM Switch • Every successive bid by the bidder / vendor being detrimental bidding shall replace the earlier bid automatically and the final bid as per the time and login ID shall prevail over the earlier bids. • The Bank shall conduct the reverse auction as per the Standard English reverse auction, that is, no two bids can have identical price from two different vendors. In other words, there shall never be a “Tie” in bids. PROXY BID: • A proxy bid is one where vendor can submit the lowest bid amount by him in strict confidence to the system directly. This obviates the need for him participating in the bidding process until the proxy bid amount is decrement ally reached by other bidders. • 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. • Since it is an English auction with no ties, two vendors submitting identical proxy bid amount and succeeding in auction simultaneously does not arise. • During training, the issue of proxy bidding will be clarified in detail by the service provider. TRANSPARENCY IN BIDS: 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. MASKING OF NAMES: Names of bidders/ vendors shall be anonymously masked in the Reverse Auction process and vendors will be given suitable dummy names. 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. START PRICE: Bank shall determine the start price either on its own or through asking for information of price band on TCO from each vendor at appropriate time during or at the conclusion of technical evaluation. Based on the price band so informed by vendors, Bank would determine the start price for reverse auction. Page 54 of 59 RFP for Onsite Technical Support for Base24 ATM Switch DECREMENTAL BID VALUE The vendors shall be able to bid only at a specified decrement value and not at any other fractions. The Bid decrement value shall be Rs 7500/- or 0.25% of the Start price of the Reverse Auction, whichever is higher. The bid decrement value shall be rounded off to the nearest thousands of rupees. For the sake of convenience of vendors, the web portal shall display the next possible decremented 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.) COPY OF BUSINESS RULES The Bank shall supply copy of the Business rules to any vendors / bidders, wishing to participate in the reverse auction. Such request shall be made in writing to the Bank by an authorized representative of the vendor. • The Bank shall also handover a copy of the Business Rules with a covering letter duly signed by an authorized signatory of the Bank. • For any dispute concerning the Business Rules, the hard copy of Business Rules supplied by the Bank for the reference of reverse auction process will alone be considered final and binding. REVERSE AUCTION PROCESS: 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. For this purpose, Bank shall do all it can to award the contract to L1 bidder or in the circumstances where awarding of contract may have to be done to the L2, L3 bidder as provided for in the RFP. The Bank shall however, be entitled to cancel the procurement of 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. The successful vendor shall be obliged to provide a Bill of Material at the last bid price at the close of auction. EXPENDITURE ON REVERSE AUCTION: All expenses of reverse auction shall be borne by the Bank. Vendors, however, shall attend the training or mock auction at their own cost. Page 55 of 59 RFP for Onsite Technical Support for Base24 ATM Switch CHANGES IN BUSINESS RULES: Any change in Business Rules as may become emergent and based on the experience gained shall be made only by a Committee of senior / top executives of the Bank. • Any / all changes made in Business Rules shall be uploaded in the Website immediately. • If any reverse auction process has commenced and a change is made in Business Rules, it shall be informed immediately to each vendor/ bidder and his concurrence to / acceptance of the change shall be obtained in writing by the Bank. DON’TS APPLICABLE TO THE BIDDER/VENDOR: • 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 reverse auction process. • 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. • 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. (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.) GRIEVANCES REDRESSAL: • Any aggrieved vendor / bidder through Reverse Auction process can make complaint in writing within 48 hours of the Reverse Auction to the Chief Compliance Officer of the Bank. • The Chief Compliance Officer along with the Chief Law Officer of the bank and Chief of Audit Dept. shall give personal hearing to the aggrieved bidder / vendor and decide upon the complaint / grievance. • Decision of the Grievance Redressal Committee shall be binding on the Bank as well as on all vendors participating in the Reverse Auction. Page 56 of 59 RFP for Onsite Technical Support for Base24 ATM Switch ERRORS AND OMISSIONS: On any issue or area of material concern respecting Reverse Auction not specifically dealt with in these Business Rules, the decision of the bank shall be final and binding on all concerned. ******************************* 1.16 ANNEXURE - F-1 (Reverse Auction Compliance Statement) COMPLIANCE STATEMENT (To be submitted by all the vendors participating in Reverse Auction) To, Asst. General Manager Union Bank of India Technology Centre, 2nd Floor AdiShankaracharyaMarg, JogeswariVikhroli Link Road, Powai, Mumbai – 400 072 DECLARATION We ______________________(name of the company) hereby confirm having submitted our bid for participating in Bank’s RFP dated _________ for procurement of ____________. We also confirm having read the terms of RFP as well as the Business Rules relating to the Reverse Auction for this RFP process. We hereby undertake and agree to abide by all the terms and conditions stipulated by Union Bank of India in the RFP document including all annexure and the Business Rules for Reverse Auction. We shall participate in the on-line auction conducted by _______________ Ltd. (Auction Company) and submit our commercial bid. We shall also abide by the procedures prescribed for online auction by the auction company. We, hereby confirm that we will honour the Bids placed by us during the auction process, failing which we shall forfeit the EMD. We also understand that the bank may debar us from participating in future tenders. We confirm having nominated Mr ________________, designated as ______________ of our company to participate in the Reverse Auction on behalf of the company. We undertake that the company shall be bound by the bids made by him in Reverse Auction. Page 57 of 59 RFP for Onsite Technical Support for Base24 ATM Switch We undertake to submit the confirmation of last bid price by us to the auction company/Bank within 48 working hours of the completion of event. We also undertake to submit the Bill of Materials for the TCO (Total Cost of Ownership) in terms of RFP. Signature with company seal Name – Company / Organization – Designation within Company / Organization – Address of Company / Organization – Date: Name of Authorized Representative: _______________________ Signature of Authorized Representative: ____________________ Verified above signature Competent Authority Signature: ___________________________ Date: _________________ 1.17 ANNEXURE - F-2 (Reverse Auction – Participation letter) Letter of Authority for participation in Reverse Auction To, Asst. General Manager Union Bank of India Technology Centre,2nd Floor AdiShankaracharyaMarg, JogeswariVikhroli Link Road, Powai, Mumbai – 400 072 We ______________________(name of the company) have submitted our bid for participating in Bank’s RFP dated _________ for procurement of ____________. 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. As per the terms of RFP and Business rules, we nominate Mr. ______________, designated as ______________ of our company to participate in the Reverse Auction. Page 58 of 59 RFP for Onsite Technical Support for Base24 ATM Switch We accordingly authorize Bank and / or the Auction Company to issue user ID and password to the above named official of the company. Both Bank and the auction company shall contact the above named official for any and all matters relating to the Reverse Auction. We, hereby confirm that we will honour the Bids placed by Mr. __________ 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 – Company / Organization – Designation within Company / Organization – Address of Company / Organization – Date : Name of Authorised Representative: ______________________ Designation of Authorized Representative: _________________ Signature of Authorized Representative: ___________________ Verified by: _________________________________________ Signature of Verifying Authority: _______________________ Date: ________________ Page 59 of 59