Request for Proposal For Supply & Maintenance of MPLS VPN Bandwidth, for IOBNET INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 1. Introduction Indian Overseas Bank invites tenders for providing high bandwidth MPLS VPN Connectivity for its Regional nodes, Central Office, Data Centre, Command Centre and Disaster Recovery Sites (herein after referred to as MPLS VPN connectivity), based on the requirements laid down in this Request for Proposal. 1.1. Background The Bank’s network architecture design is as follows: The bank has a three tier architecture . The Bank’s Central Office at Chennai is the core node to which 32 regional nodes( including one regional node at Central Office) are connected. All the Regional nodes are connected to the core node by BSNL 2 Mbps MPLS VPN. In addition to the connectivity to Chennai, all the regional nodes are connected to the nearest peer node by 2 Mbps BSNL leased line forming a triangle. Under each regional node 30 to 40 branches are connected. The branches are connected to the nearest Regional Node by a 64kbps leased line backed up by an ISDN connection. All the leased lines / ISDN connectivity to these nodes and branches are presently provided by BSNL / MTNL only. The existing and proposed network backbone diagram illustrating the links under dedicated leased line network and the MPLS VPN connectivity are given in Annexure I and II. The Bank is having its Primary Data centre at VSNL premises – Chennai, Command centre at SIFY- Tidel park – Chennai and DR Centre at Hyderabad. 2 Present Requirement: The Bank proposes to procure MPLS VPN high bandwidth lines across India to build alternate path for existing nodal connectivity to increase the availability of network. The existing network consists of leased lines and MPLS VPN from BSNL/MTNL. The list of locations and the bandwidth requirements are given in Annexure II. The objective of the project is to build redundancy to the existing network by an alternate service provider. In this proposed connectivity every node will have two paths to Central Office, Data centre at VSNL-Chennai and DR site at Hyderabad. Primary path will be through existing MPLS circuits of BSNL / MTNL and secondary path will be through the proposed MPLS VPN network. At all the locations as per Annexure II, the connectivity should be through fibre. Wherever fibre connectivity can not be provided immediately, the same should be provided within six months from the date of accepting the work order. The prospective service provider shall establish the MPLS VPN Network and should be capable of maintaining it for a minimum period of 5 years . The proposed MPLS VPN Network will have the mesh communication at all locations. Page - 2 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 3. Scope of the Work 3.1 Summary of the work: The summary of the work involved and the responsibilities of the bidder are as detailed below. Unless stated explicitly, all the work detailed below is for all the offices. The bidder shall 1) supply MPLS-VPN bandwidth for Bank connectivity at the locations as per Annexure II and the service provider. 2) integrate and enable VPN network for IOBNET. 3) integrate the VPN networks with the LAN segment of the nodal locations. 4) ensure and enable end-to-end encryption to provide confidentiality in the communications. The encryption should originate at the source router and terminate at the respective destination router. 5) supply MPLS VPN bandwidth on fibre, at the locations as per the annexure II and Service provider’s PoP . There should be redundancy for the last mile through connection to 2 different PoPs / alternate media like wireless/ two service providers. Wherever fibre connectivity can not be provided immediately, the end-to-end link should be provided on their own Ethernet/fast ethernet/STM/serial based solution. 6) should ensure that the bandwidth including the last mile is not through BSNL/ MTNL lines as the Bank wants total redundancy at service provider level. 7) provide 24x7 support for all users for maintaining and integrating the network. 8) liaise with authorities for any approvals , network diagram etc. 9) monitor and manage all links for strict compliance with SLA 10) to enable the bank’s service integrator to design and architect IP addressing scheme for THE BANK with minimum discrepancy to the existing system. 11) publish NMS reports for bandwidth and link utilization. 12) publish NMS reports to prove SLA compliance. The following reports should be submitted. Interface Availability: It shall show Availability report having interface daily, weekly, monthly or custom period basis to measure device level and network level availability and ensure that SLA specifications are being met. Interface Traffic statistics: It shall show Graphs & reports of interface traffic and utilization statistics to analyze network usage and plan for additional capacity. Interface Response time monitoring: It shall measure network latency and alert when thresholds are violated by identifying degradations early to ensure optimal VPN performance for end-users. Interface errors: It shall monitor errors and discards on each interface to quickly identify faulty interface and take corrective action. NMS- MIS reports on utilization, response times of link application, uptime, downtime reports, configuration updates if any, number of connectivity’s in the cloud, addition and deletion of the connections should be submitted on monthly basis or whenever required by the Bank without any errors. Real time web based reports should be provided to THE BANK. Page - 3 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 13) ensure the availability of the required hardware and software, to manage and monitor the agreed service level agreement between the service provider and the Bank . 3.2 SLA specifications and penalty clauses SLA clauses for network The table below specifies the end-to-end link uptime matrix along with Mean Time To Respond (MTTR). No Office 1 Bank’s Primary City Central office, Metro Uptime MTTR (HH:MM) 99.99% 01.00 99.95% 02:00 Data Center, Command Centre and DR Centre 2 Bank Regional Nodes Metro/Class A The round trip delay of the network at any point to any point should be less than 150 msec (average) and packet drop should be less than 0.1%. All regional nodes should have uptime of 99.95% per year and it should include the preventive maintenance and excluding the down time due to bank’s decision and also the down time should be restricted to 2 hours in a single event. The availability of Central Office, Data centre, Command Centre and DR centre connectivity should be 99.99% uptime per year and the downtime should be restricted to 1 hour in a single event, which includes the preventive maintenance. Each terminal point should be given connectivity from two different routes or two different last miles so as to serve as redundancy. Any change in the bandwidth requirements at any of the nodes/centres has to be made available within seven days from the date of acceptance of work order and the same should be provided without any downtime for the existing systems and network. The bidder has to furnish details as to how they plan to guarantee the stipulated uptime. Penalty for not meeting the SLA terms on uptime: A penalty of 1% of the recurring charges for every percentage of default at nodes will be levied subject to a maximum of 5%. This amount will be calculated for every quarter and will be deducted from the quarterly recurring charges payable. Page - 4 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 3.3 Criteria for completion and Acceptance Tests: The Criteria of completion is for the entire project and acceptance tests will be carried out after the completion of the implementation at each location/node. Bank will carry out acceptance tests at each location/node and certify the project as complete based on the results of the tests. For time schedule for implementation, please also refer clause 19. 3.4 Demonstrables of the Acceptance Test 1) Any office to any office ping for 1000 packets without disruptions. The size of ping echo packet will be 100 bytes. 2) Demonstration of jitter sensitive and delay intolerant transport for voice. 3) Demonstrate guaranteed delivery (jitter insensitive, delay insensitive for reasonable delays (< 150 msec). 4) Liaison with service integrator of the Bank to demonstrate end-to-end IPSec tunnel (business data / mail) 5) Liaison with service integrator of the Bank to Demonstrate redundancy. 6) Setup remote management and generate sample-simulated reports from remote NOC. 7) Bank will have right to inspect the remote NOC of service provider. Bank intends to implement IPSec for all its business critical data but since it is difficult to classify what is sensitive, all non-voice traffic should be encrypted in co-ordination with the bank’s service integrator. In the absence of bank’s service integrator, the above activities are to be carried out by the bidder. 4. Evaluation of Bids: The Bank will follow a two-stage evaluation and selection process. These stages are: 1. Technical Bid Evaluation. 2. Commercial Bid Evaluation. 4.1. SUBMISSION OF BIDS Bidders satisfying the technical and commercial conditions specified in this Request For Proposal (RFP) and ready to provide the connectivity in conformity with the technical requirements given in Annexure II may submit their technical and commercial bids in formats as per Annexure III and Annexure IV respectively. These bids should be submitted in two separate sealed covers superscribed as under: 1. Technical Bid for Providing MPLS VPN Connectivity 2. Commercial Bid for Providing MPLS VPN Connectivity Page - 5 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity The tender document is available only at the Bank’s website “www.iob.in”, which can be downloaded and used and no printed copy will be supplied. A Bank Draft / Bankers Cheque of Rs. 5000/- (Rs Five thousands only - non-refundable) favouring Indian Overseas Bank and payable at Chennai should be submitted along with the technical bid towards the cost of the Bid document. Bids received without the Demand Draft / Bankers Cheque as mentioned above will be rejected. The bid should also be accompanied by Earnest Money deposit of Rs 3,00,000/- (Rs. Three lacs only) by way of a demand draft / bankers cheque for the amount in favour of Indian Overseas Bank, payable in Chennai. This earnest money will be refunded to all the unsuccessful bidders on finalisation of the awardee of the contract and to the successful bidder after receipt of the Bank guarantee (for delivery) as per clause 19 of this RFP. The bids in sealed covers should be put in the tender box kept in the Infrastructure Division of Information Technology Department of the Bank’s Central Office, Chennai on or before the date and time mentioned in the schedule for the bidding process given in clause 4.2 of this RFP. In case the covers are too bulky they may be handed over to any one of the following officers of the Bank’s Information Technology Department, Central Office, Chennai against acknowledgement. 1. Mr. R K Mathur, Chief Manager 2. Mr S. Krishnamurthi, Senior Manager 3. Mr. S. Asokan, Senior Manager Any bid received by the Bank after the deadline for submission of bids (as below) will be rejected. In the event of the specified date and time for the submission of bids, being declared a holiday for the Bank, the bids will be received upto the appointed time on the next working day. Extension of submission date and time will be at the sole discretion of the Bank. 4.2. The schedule for the Bidding process is: Address for Communication / Submission of Bids Date of Issue of RFP Pre-bid clarifications meeting Last date and time for Submission of Bid Date and time of Opening of Technical Bids Contact officials Contact e-mail ID The Asst general Manager (BKS), Indian Overseas Bank Information Technology Dept, Central Office 763, Anna Salai, Chennai – 600002 Telephone 91-44-28519477/ 28519458 / 28519459 Aug 18, 2008 Aug 25, 2008 at 3.00 pm Sept 01, 2008 at 4.00 pm Sept 01, 2008 at 4.30 pm Mr. S. Krishnamurthi, Senior Manager – System Analysis Mr. S. Asokan, Senior Manager – System Analysis rkmathur@iobnet.co.in krishnamurthys@iobnet.co.in asokans@iobnet.co.in Page - 6 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 4.3. FURNISHING OF INFORMATION The Bidder is expected to examine all instructions, forms, terms and specifications in these documents. Failure to furnish all information required by the documents or to submit a bid not substantially responsive to the documents in every respect will be at the Bidder's risk and may result in the rejection of its bid. 4.4. FORMAT AND SIGNING OF BIDS The original Technical and Commercial bids shall be typed and shall be signed by the Bidder or a person or persons duly authorised to bind the Bidder to the contract. The person or persons signing the bid shall initial all pages of the bid. 4.5. AUTHENTICATION OF ERASURES / OVERWRITING ETC. Any inter-lineation, erasures, or overwriting shall be valid only if the person or persons signing the bid initial/s them. 5. ELIGIBILITY CRITERIA Bidders must meet the following eligibility criteria. Technical or Financial bids which are not compliant with the criteria will not be evaluated. 1. The Bidder should be a Telecommunication provider and should be capable of providing MPLS VPN 2. The Bidder should be able to give end-to-end including last mile Ethernet/Fast Ethernet/STM/Serial based solution on their own fiber network for the Bank. 3. The Bidder must ensure that the key project personnel to be employed in this project have been sufficiently involved in similar installation in the recent times, executed by the Bidder. 4. The bidder has registered net profit (after tax) for at least two financial years (Financial year shall mean an accounting period of 12 months. Figures for an accounting period exceeding 12 month will not be acceptable) in the immediate preceding three financial years as per the audited accounts. 5. The Bidder must demonstrate that it has been engaged in the provision of similar services for other large National /International Financial / Banking Institutions. 6. The Bidder shall provide references (including Referee names and contact details) in respect of major projects of similar type completed in the last 3 years by them 7. The Bidder must submit the bid in accordance with the formats specified in the tender document. Page - 7 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 8. The cost of bidding and submission of tender documents is entirely the responsibility of bidders, regardless of the conduct or outcome of the tendering process. 9. The Bidder should: Have Professional services support certification from the backbone equipment vendor. Have a multi-tiered architecture – both for Intra-city as well as Inter-city. Offer network redundancy at all levels from PE-to-PE Have pre-defined Traffic transport QoS Parameters which provide throughput, latency, packet loss, jitter commitments and application traffic prioritization. 10. Bidder should be managing at least 1000 MPLS circuits/ Leased lines of which atleast 100 are high bandwidth of 10 Mbps and above from their NOC to the customers. 11. A complete Network Operation Center should be available 24x7 to take care of the network management requirements. This should be at bidder’s own premises and connected to customer network through links provided by the bidder, which shall be available round the clock. 12. The Network Operation center should be manned with a minimum of 50 certified Engineers of respective OEM for operations 13. The Network Operation center must be operational for a minimum of three years. 14. The Network Operations Center should be running a 24x7 Technical Assistance Center (TAC) 15. Toll free number should be available on 24x7 basis for Help Desk Support. 16. The bidder should commit a provision of centralized helpdesk on 24x7 basis. 17. The Network Operation center should have direct access to OEM Technical Assistance Centre. 18. The network operation center processes should be compliant of TL 9000 or ISO standards 19. The Bidder should have a demonstrated capability of generating standard pre-formatted SLA compliance / Customized reports. Real time web based reports should be provided to the bank. 20. The Bidder should provide reports for Interface availability, interface traffic statistics, interface response time monitoring, interface errors. 6. OTHER CONTRACTUAL OBLIGATIONS OF THE SUCCESSFUL BIDDER The following are the general terms and conditions proposed to be included in the Contract. However, the terms and conditions are not conclusive and the Bank reserves the right to add, delete, modify or alter all or any of these terms and conditions in any manner, as deemed necessary by the Bank. 1. The Successful Bidder is required to demonstrate its right to provide MPLS VPN Bandwidth in response to this tender. Wherever contractual arrangements are necessary, it will be the sole responsibility of the Successful Bidder to make all necessary contractual arrangements across all components of the solution. 2. All equipments and services to be supplied by the successful bidder in response to this Tender and under the resultant contract must be eligible for export to India for use as per the contract, under the existing regulations of the country(s) of origin. Bidders shall be responsible for obtaining all necessary import permits for the products and services to be supplied. Page - 8 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 3. Routers / Modems at all regional nodes for the links to be provided by the successful bidder will be supplied by the Successful Bidder on Lease Basis. Model for the router should be CISCO 2821. The successful bidder has to enter into an SLA towards configuration management of the router with the Bank’s service integrator who takes care of the configuration management of various network equipments at various locations of the bank. The successful bidder has to co-ordinate with the bank’s network integrator for the management and maintenance of the router provided under this bid. 4. All the specifications and other related literature & information, provided by the Service Provider as agreed, will also form a part of the agreement. Please also refer clause 15.1 of the RFP. 5. The bill of material containing item-wise details in respect of Supply & Maintenance of MPLS VPN Bandwidth for IOBNET by the Successful Bidder, must be furnished along with the prices thereof, in the commercial bid / Annexure IV and as per the terms and conditions contained in this document. The Successful Bidder will undertake to ensure that the prices quoted in the commercial bid are reasonable and in the range of prices for similar / same services available in the market. If any irregularity is detected anytime in respect of the above, the Bank will have the right to take appropriate action against the Successful Bidder, as deemed fit by the Bank. 6. The successful bidder will abide by the job safety, insurance, customs and immigration measures prevalent and the laws in force in India, and will indemnify the Bank against all demands or responsibilities arising from accidents or loss of life, the cause of which is the Successful Bidder’s negligence. The Successful Bidder will pay all indemnities arising from such incidents and will not hold the Bank responsible or obligated. 7. The Successful Bidder shall be responsible for, and obligated to conduct all contracted activities with due care and diligence, in accordance with the Contract and using state-of-the-art methods and economic principles, and exercising all reasonable means to achieve the performance specified in the Contract. . 8. The Successful Bidder shall work closely with the Bank’s staff, act within its own authority, and abide by directives issued by the Bank that are consistent with the terms of the Contract. 9. The Successful Bidder shall be responsible for managing the activities of its personnel and any sub-contracted personnel, and will hold itself responsible for any misdemeanors. 10. The Successful Bidder shall appoint an experienced Representative to manage its performance of the Contract. The Representative shall be authorized to accept orders and notices on behalf of the Successful Bidder, and to generate notices and commit the Successful Bidder to specific courses of action within the scope of the Contract. The Representative may be replaced only with the prior written consent of the Bank. The Successful Bidder shall be solely responsible for the performance of the contract to the satisfaction of the Bank. 11. During the acceptance test to be conducted on the project, the Successful Bidder, for performance of the contract, may deploy two expert personnel at the site on a full time basis, in addition to such other personnel required at the site. These personnel will be responsible for all Page - 9 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity transition supports, necessary to complete the acceptance test on the project. The details of the transition support will be specified in the work order. 12. The successful bidder should provide a qualified and experienced Senior Engineer well versed in the MPLS Technology, at all the locations as per Annexure II to manage the configuration and successful implementation of the entire project. 7. PRICES AND TAXES The quoted prices shall be all inclusive i.e. inclusive of all taxes like sales tax, service tax, VAT, custom duty, excise duty, any other applicable duties and taxes and should be uniformly applicable to any part of the country and technical service charges, if any, for commissioning and testing of connectivity. However any reduction in prices due to 1) regulatory changes 2) the bidder’s corporate policy and 3) prevailing market conditions; during the currency of the contract should be passed on to the Bank. Any bid received, which is not in line with these conditions will be summarily rejected. Any commercial bid, which is conditional and/or qualified or subjected to suggestions or attaching any addendum / annexure, other than those specified in this document, will also be summarily rejected. Prices should be furnished item-wise with break-up of unit costs as per Commercial bid in Annexure IV. Prices quoted by the Bidder shall remain fixed during the Bidder’s performance of the contract and will not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and will be rejected. Price should not be indicated at any place in the Technical Bid. If the price is indicated in the technical bid, the entire bid will be summarily rejected. The prices should be quoted in Indian Rupees. Any reference made to variation in pricing due to appreciation / depreciation of Indian rupees against any other currency is not acceptable. 8. OTHER CONDITIONS. 8.1 Site Visits Site visits may be sought at the discretion of the Bank. Bidders shall provide, in addition to customer sites, an invitation to the Bank to visit Bidder’s own development site. 8.2 Clarification on the Tender Documents 1. Written requests for clarification should be submitted to the Bank through email/letter before 25 Aug 2008. 2. Separate forms should be used for multiple clarification requests. 3. The pre-bid meeting will be held at the Bank on 25 Aug 2008. 4. Both questions and responses will be circulated to all the Bidders, by way of an amendment to the RFP. 5. No queries will be entertained after the pre-bid meeting. 6. Bidders must acquaint themselves fully with the conditions of the tender. No plea of insufficient information will be entertained at any time. Page - 10 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 8.3 Amendments to Tender Document Amendments to the Tender Document may be issued at anytime, prior to last date for the submission of the bids, only by placing such amendments on the Bank”s website www.iob.in. No paper advertisement will be made for such amendments. From the date of issue, amendments to Tender Document shall be deemed to form an integral part of the Tender Document. 8.4 Period of bid validity The Bids shall be valid for a period of 3 months from the closing date of the submission of the bid. 8.5 Domestic Presence of the Bidders The Bidders should have Nation-wide, multi-location presence for the implementation and for providing support services in terms of the contract. 9. EVALUATON OF BIDS AND AWARDING THE CONTRACT: 9.1. Evaluation of Technical Bids: The Bank's evaluation of the technical bids will take into account the following factors and based on such evaluation, technically qualified bidders will be short-listed: Compliance of Criteria and terms and conditions as stipulated in Clause 5 of RFP duly supported by documentary evidence called for therein. Review of written reply, if any, submitted in response to the clarification sought by the Bank, if any 9.2. Evaluation of Commercial Bids: Commercial bids of only the technically qualified short-listed bidders will be opened and evaluated for the purpose of awarding the contract. The Bank's evaluation of the commercial bids will take into account the following factors: o Status of Compliance of terms and conditions of clause 7 of RFP. o Submission of Commercial Bid strictly in the format specified in Annexure IV of RFP. Any change in the format specified or inclusion / addition of any extraneous conditions / suggestions in the Commercial bid or attaching any addendum / annexure to the commercial bid may result in rejection of the bid. Page - 11 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 9.3.. Determination of L1 Bidder and Awarding of Contract: On completion of evaluation process of commercial bid and based on any other clarification submitted by the bidder in response to the Bank’s query, if any, the contract will be awarded to the L1 bidder, i.e. the bidder, who has quoted the lowest price: o The L1 bidder will be determined based on the NET PRICE AS PER SL.NO.36 OF ANNEXURE IV. There will normally be no negotiation on the price. As such bidders in their own interest, should quote most competitive prices. The Bank reserves the right to reject L1 bid if the same is found unreasonable. If for any reason the Work Order given to the L1 Bidder does not get executed or the L1 bidder backs out, the Bank will go for fresh bids. 10. CLARIFICATION During evaluation of the bids, the Bank may, at its discretion, ask the Bidder for any clarification on its bid. The request for clarification and the response shall be in writing / email, and no change in the prices shall be sought, offered, or permitted after submission of the bid. 11. ERRORS AND THEIR RECTIFICATION Arithmetical errors will be rectified on the following basis: If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the bidder does not accept the correction of the errors, its bid will be rejected. If there is a discrepancy between words and figures, the amount in words will prevail. 12. CONTACTING THE BANK Any effort by a Bidder to influence the Bank in its decisions on bid evaluation, bid comparison or contract award will result in the rejection of the Bidder's bid. 13. BANK’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS The Bank reserves the right to accept or reject any bid, and to annul the bidding process and reject all the bids at any time prior to contract award, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the grounds for the Bank's action. Page - 12 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 14. NOTIFICATION OF AWARD and SIGNING OF CONTRACT The notification of award in the form of a Work Order and acceptance thereof by the bidder along with this RFP document will constitute the formation of the Contract. The successful Bidder shall SIGN AND AFFIX official stamp and date the duplicate copy / photo copy of the Work Order and return it to the Bank within 7 working days from the date of receipt of work order as a token of having accepted the terms and conditions of the Work Order. This RFP also forms a part of the contract. 15 PERIOD OF CONTRACT The period of contract shall initially be for three years and it shall be renewable on yearly basis thereafter. There shall be no increase in the contracted price during the said period of 3 years. Bank shall have the right of terminating the contract during the contract period by giving a 3 months notice. Renewal of contract after 3 years shall be on mutually agreed terms and conditions. 16. ASSIGNMENT The Successful Bidder shall not assign, in whole or in part, its obligations to perform under this Contract, except with the Bank's prior written consent. 17. SUBCONTRACTS The Successful Bidder shall notify the Bank in writing of all sub-contracts awarded under this Contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the Bidder from any liability or obligation under the Contract. 18. USE OF CONTRACT DOCUMENTS AND INFORMATION The Bidder and its employees will strictly undertake not to communicate or allow to be communicated to any person other than a person employed by the bidder in the performance of the contract or divulge in any way any information relating to the ideas, concepts, know-how, techniques, data, facts, figures and all information whatsoever concerning or relating to the Bank and its affairs to which the said employees have access in the course of performance of the contract. Disclosure of any part of the aforementioned information or data to parties not directly involved in providing the services requested could result in pre-mature termination of the contract. The Bank may, apart from blacklisting the bidder/Successful Bidder, initiate legal action against the bidder/ Successful Bidder for breach of trust. The successful bidder shall enter into a Non-disclosure Agreement with the bank as per annexure VII. Page - 13 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 19. SUBMISSION OF PERFORMANCE GUARANTEE Within 7 (seven) days (inclusive of holidays) of the date of acceptance of the Purchase/Work Order, the successful Bidder shall furnish a bank guarantee (for commissioning of the lines ) for a period of 3 months with a claim period of one month from the date of expiry of guarantee for an amount equivalent to 20% of the order value in the format as per Annexure V. Failure of the successful bidder to comply with this requirement shall constitute sufficient grounds for the annulment of the award and forfeiture of the earnest money deposit. In such an event the Bank will call for new bids. The guarantee shall be invoked if the entire lot or part of connectivity is not commissioned within 10 weeks from the date of acceptance of Purchase/Work Order or if the contract is terminated by the bidder. This guarantee (for commissioning) shall be released by the Bank on successful completion of delivery and submission of a fresh Bank guarantee (for performance) for a period of 60 months for an amount equal to 5% of the order value is furnished (as per format enclosed in Annexure VI). The above-mentioned bank guarantees shall be issued by any scheduled commercial bank other than Indian Overseas bank acceptable to the Bank. 20. TERMINATION FOR DEFAULT The Bank, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Bidder, may terminate this Contract in whole or in part: a. if the Bidder fails to commission the connectivity within the period specified in the Work Order, or within any extension thereof granted by the Bank pursuant to clause 22 or b. if the Bidder fails to perform any other obligations(s) under the Contract. In the event of the Bank terminating the Contract in whole or in part, the Bank may procure, upon such terms and in such manner, as it deems appropriate, Connectivity similar to those undelivered, and the Bidder shall be liable to the Bank for any excess costs. However, the Bidder shall continue performance of the Contract to the extent not terminated. 21. TERMINATION FOR INSOLVENCY The Bank may at any time terminate the Contract by giving written notice to the Bidder, if the Bidder becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Bidder, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the Bank. 22. FORCE MAJEURE Notwithstanding the provisions of clauses 20 and 21, the Bidder shall not be liable for penalty or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. For purposes of this clause, "Force Majeure" means an event beyond the control of the Bidder and not involving the Bidder's fault or negligence and not foreseeable. Such events may include, but are not restricted to, wars or revolutions, fires, floods and epidemics. If a Force Majeure situation arises, the Bidder shall promptly notify the Bank in writing of such condition and the cause thereof. Unless otherwise directed by the Bank in writing, the Bidder shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means of performance not prevented by the Force Majeure event Page - 14 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 23. COPY RIGHT / LICENCE VIOLATION The bidder shall explicitly absolve the Bank of any responsibility/liability for use of system/software delivered along with the equipment; (i.e. the bidder shall absolve the bank in all cases of possible litigation/claims arising out of any copy right/license violation.) for software (s) sourced either from third parties or from themselves. 24. PAYMENT & PENALTY 24.1. Payment Terms 1. The Bank will make payment in Indian Rupees at the time and in the manner, as set forth hereunder: 2. For the One time costs : 2.1 A payment of eighty percent (80%) of the contracted sum, on successful installation and commissioning, integration and issue of acceptance certificate to that effect by Bank. 2.2 The balance 20% of the order value will be paid on completion of one month from the date of commissioning, on the Bank being satisfied that the links were up and SLA of 99.9% was maintained for the month. Wherever the link is not provided in fibre, the balance 20% will be paid only on completion of one month from the date of commissioning of the fibre connectivity. 3. Recurring Costs: 3.1 Recurring charges shall be payable quarterly in advance. All payments will be released based on separate invoices submitted to Bank by the Successful Bidder. 24.2. PENALTY FOR DELAYED COMMISSIONING OF THE LINE: 1. The Bidder must strictly adhere to the implementation schedule, specified in the Work Order for performance of the obligations arising out of the contract including provision of fibre connectivity at all the locations and any delay will enable the Bank to resort to any or both of the following: a) The Bidder shall be liable to pay the Bank, liquidated damages at the rate of 0.5% (i.e one half percent) of the Contract Amount for delayed performance per week or part thereof of such delay, subject to a maximum of 5% of the Contract Amount. b) Termination of the agreement fully or partly and claim of liquidated damages. Liquidated Damages The liquidated damages is an estimate of the loss or damage that the Bank may have suffered due to delay in performance or non-performance of any or all the obligations (under the terms and conditions of the work contract relating to supply, delivery, installation, operationalisation, implementation, training, support/services, acceptance, maintenance, etc., by the Successful Bidder and the Successful Bidder shall be liable to pay the Bank a fixed amount for each day of delay / non-performance of the obligations by way of liquidated damages, details of which will be specified in the work contract. Without any prejudice to the Bank’s other rights under the law, the Bank shall recover the liquidated damages, if any, accruing to the Bank, as above, from any amount payable to the Successful Bidder either as per the work contract, executed between the parties or under any other agreement / contract, the Bank may have executed / shall be executing with the Successful Bidder. Page - 15 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 25. RESOLUTION OF DISPUTES In case of any disagreement or dispute between the Bank and the bidder, the dispute will be resolved in a manner as outlined hereunder. The Bank and the bidder shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute between them on any matter connected with the contract or in regard to the interpretation of the context thereof. If, after thirty (30) days from the commencement of informal negotiations, the Bank and the Bidder have not been able to resolve amicably a contract dispute, such differences and disputes shall be referred, at the option of either party, to the arbitration of one single arbitrator to be mutually agreed upon and in the event of no consensus, the arbitration shall be done by three arbitrators, one to be nominated by the Bank, one to be nominated by the bidder and the third arbitrator shall be nominated by the two arbitrators nominated as above. Such submission to arbitration will be in accordance with the Arbitration and Conciliation Act 1996. Upon every or any such reference the cost of and incidental to the references and award shall be at the discretion of the arbitrator or arbitrators or Umpire appointed for the purpose, who may determine the amount thereof and shall direct by whom and to whom and in what manner the same shall be borne and paid Courts of Chennai city shall alone have jurisdiction to the exclusion of all other courts, in respect of all differences and disputes envisaged above. *********************** Page - 16 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity ANNEXURE I IOB-WAN Backbone Existing for Data & Voice network EXISTING Connectivity Diagram Chandigarh Ludhiana RCC RCC Jaipur RCC Delhi RCC Delhi CCO Meerut RCC Kolkata Saltlake DRS, Hyderabad Kolkata RCC Bhubaneshwar Vizag RCC RCC Vijayawada RCC Hyderabad Pondicherry Chennai RK Nagar RCC CCO Chennai STC Data Centre Mumbai RCC Chennai-ITD MPLS CLOUD Distribution Node Command Centre Vashi Goa RCC Bangalore RCC Ahmedabad RCC Baroda RCC Lucknow RCC Patna RCC Thanjavur RCC Trichy CCO 2 Mbps Tirunelveli RCC Madurai RCC Trivandrum RCC Ernakulam RCC Ramnagar Coimbatore Salem RCC High bandwidth Proprietary & Confidential Indian Overseas Bank Regional Peer to Peer nodes connectivity is through leased lines. Regional nodes and four data centres are connected under MPLS VPN. DRS Hyderabad and Chennai ITD Data centre are also connected by 10 Mbps Leased line Provided by Reliance Communications Ltd. Page - 17 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity ANNEXURE I Page - 18 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity List of Locations and Bandwidth required Details Sl. No. Annexure II Bandwidth required Location 1 VSNL Data Centre, Swamy Sivananda Salai – Chennai 2 SIFY Data Centre, TIDEL Park, Chennai 100 Mbps 60 Mbps 3 UTI Data Centre, Surabi Arcade, KOTI, Hyderabad 50 Mbps Indian Overseas Bank, IT Department, central Office, 763, Anna 4 salai, Chennai 600002 10 Mbps Indian Overseas Bank, Staff College-Chennai, No: 230, 7/A Jawaharlal Nehru Road, Old Thirumangalan, Anna Nagar, 5 Chennai - 40, Pin: 600040|044| 2 Mbps Indian Overseas Bank,R.K.Nagar - Chennai,Sringeri Mutt 6 Road,No: 9, R K Nagar,Chennai,Pin: 600028 Ph: 044 24941624 2 Mbps Indian Overseas Bank, Ahmedabad Regional Office, Post Bag/Box No: 4026, Chinubhai Towers, No: Nil Opp Handloom House,Ashram Road, Ahmedabad, Pin: 7 380009|079|6587390,6587391,6582356| 2 Mbps Indian Overseas Bank, Bangalore Regional Office, Post Bag/Box No: 128, Laxminarayan, No: 10/1, III Complex, Palace Road, 8 Vasant Nagar, Bangalore, Pin: 560052 2 Mbps Indian Overseas Bank,Baroda Regional Computer Centre,Post Bag/Box No: 2513,Aries Complex,No: III FLOOR B P C 9 Road,Alkapuri, Baroda,Pin: 390005 Indian Overseas Bank, regional Computer Centre, B/2, WEST SAHID NAGAR Bhubaneswar,KHURDA DT Pin : 751007 10 ORISSA Ph :0674 2545135 2 Mbps 2 Mbps Indian Overseas Bank,Chandigarh Regional Office,Post Bag/Box No: 714,Madhya Marg,No: SCO-11, Sector 7 C,Chandigarh,Pin: 11 160020 2 Mbps Indian Overseas Bank, Ramnagar, Coimbatore, Post Bag/Box No: 78, I Floor, Krishna, No: 131 Complex, Sastri Road, 12 Ramnagar, Coimbatore, Pin: 641009|0422|2231231| 2 Mbps Indian Overseas Bank,Delhi Regional Office,Post Bag/Box No: 6043,Rachna Bldg,,No: 2,III FLR Rajendra Place, Pusa 13 Road,Patel Nagar Post, New Delhi,Pin: 110008 2 Mbps Page - 19 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity Indian Overseas Bank, Delhi CCO, Regal Bldg., Connaught 14 Place, Newdelhi 110001 Ph :011 23364998 2 Mbps Indian Overseas Bank, Ernakulam Regional Computer Centre,VETTUKATTIL BUILDINGS, JOS JUNCTION,MGRD,ERNAKULAM, KOCHI Pin : 682016 15 KERALA 2 Mbps Indian Overseas Bank, Goa Regional Office, Post Bag/Box No: 73, Salgaocar Centre, No: II Floor Rua-De-Ourem, Panaji, Pin: 16 403001|0832|2430864,2435751| 2 Mbps Indian Overseas Bank, Hyderabad CCO, Post Bag/Box No: 5, &1-1-287/1, Padmaja, No: 1-1-256/8/ Mansion,Road NO. 3 Bapunagar, Chikkadpalli, Hyderabad, Pin: 17 500020|040|27611640,27600078| 2 Mbps Indian Overseas Bank, Regional Computer Centre, D23/A,PRITHVIRAJ MARG CHANDRA NIVAS - "C" SCHEME 18 JAIPUR Pin : 302005 RAJASTAN Ph: 0141 2382300 2 Mbps Indian Overseas Bank,Kolkata(Metro)Regional Office,Post Bag/Box No: 9004,1st Floor,No: 119, Park Street,Kolkata,Pin: 19 700016 Ph : 033 22299751 2 Mbps Indian Overseas Bank,Lucknow Regional Office,Post Bag/Box No: 343,Nav Chetna Kendra,No: 10, Iii Flr, Ashok 20 Marg,Lucknow,Pin: 226003 2 Mbps Indian Overseas Bank,Ludhiana Regional Office,Post Bag/Box No: 410,Fountain Chowk,No: 550/1 College Rd Civil 21 Lines,Ludhiana,Pin: 141011 2 Mbps Indian Overseas Bank, Regional Computer Centre, PLOT NO40, 80 FEET ROAD ARIGNAR ANNA NAGAR MADURAI Pin : 22 625020 TAMILNADU Ph:0452 - 2520125 2 Mbps Indian Overseas Bank, Regional Office, LIC BLDG, MANGAL PANDE OPP CHAUDHARY CHARAN SINGH UNIVERSITY, 23 MEERUT Pin : 250005 UTTAR PRADESH 2 Mbps Indian Overseas Bank, Mumbai(Metro) Regional Office, Post Bag/Box No: 16082, Maker Tower 'E', V Floor, No: Nil Cuffe ParadE, Mumbai, Pin: 24 400005|022|22187079,22155487,22180179,22187051,22181714| 2 Mbps Page - 20 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity Indian Overseas Bank,Patna Regional Office,Nasima House,No: II & III F West Of Gandhi Maidan,Patna,Pin: 800001 Ph : 0612 25 2223054 2 Mbps Indian Overseas Bank, Pondicherry Regional Office, Post Bag/Box No: 5, Brahmins Street, No: 42/1 Mudaliarpet, 26 Pondicherry, Pin: 605004|0413| 2 Mbps Indian Overseas Bank, Salem Regional Office, Post Bag/Box No: 454, Ideal Garden Complx, No: 7/54, II Floor, Junction Road, Near Five Roads, Salem, Pin: 27 636004|0427|2448540,2448440,2448690| 2 Mbps Indian Overseas Bank,Salt Lake City - Kolkata,Opp Labony Estate,No: Block EA Salt Lake City, Sector 1,Kolkata,Pin: 700064 28 Ph : 033 23375018 2 Mbps Indian Overseas Bank, Thanjavur Regional Office, Post Bag/Box No: 216, No: 85/P, Market Road Extension, Thanjavur, Pin: 29 613001|04362|236723,238798| 2 Mbps Indian Overseas Bank, Tirunelveli Regional Office, Post Bag/Box No: 14, East Car Street, No: 131 Tirunelveli Town, Tirunelveli, 30 Pin: 627006|0462| 2 Mbps Indian Overseas Bank, Tiruchirapalli CCO, Post Bag/Box No: , Shree Complex, B-Block, No: 18, I Floor, Madurai Road, 31 Tiruchirapalli, Pin: 620008|0431|2700977,2712538| 2 Mbps Indian Overseas Bank, Thiruvananthapuram Regional Office, Post Bag/Box No: 90, IOB Buildings, No: Nil M G Road, 32 Thiruvananthapuram, Pin: 695001|0471| 2 Mbps Indian Overseas Bank, Vashi, Post Bag/Box No: 1, Sector 5, No: PL 4/4 Near ESI Hospital, Vashi, Pin: 400705. Ph 022- 7820293 33 2 Mbps Indian Overseas Bank,Vijayawada Regional Office,Post Bag/Box No: 8,Ring Road,No: 40-9-27, I & Ii Floors, Adj To Telco,Yard, 34 Vijayawada,Pin: 520008 Ph: 0866 2474830 2 Mbps Indian Overseas Bank,Visakhapatnam Regional Office,Apurupa Arcade,,No: 13-26-2 Maharanipeta,Visakhapatnam,Pin: 530002 35 Ph :0891 2706356 2 Mbps Page - 21 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity Technical Bid ANNEXURE III Content and Form of Responses This chapter contains the table of contents for the tender response. In order to facilitate evaluation and comparison of tender responses, Bidders shall submit their response in this format. Failure to do so may result in the tender being eliminated at the examination stage as unresponsive. Should the Bidder have additional information to submit that cannot be encompassed by the current table of contents, additional sections may be added at the end. Should use be made of this option that is unwarranted in the opinion of the Bank, it will be regarded unfavorably. Format Of Technical Bid BIDDER The registered name of the bidding company Business address for correspondence Contact name of THE BIDDER Contact’s position with Bidder Contact addresses if different from above Location Street Locality City Pin Code Country Telephone Facsimile Email Other Location Street Locality City Pin Code Country Telephone Facsimile Email Other Business structure Bidding company’s registered address Page - 22 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity Details of company registration Names of Directors Chairman President/Managing Director Directors Include a structure chart reflecting the organization Chart Financial standing of the Bidder (Information designed to give client confidence in the financial competence of the Bidder.) Audited financial accounts for past three years should be submitted. Total current employees 2005-2006 2006-2007 2007-2008 Sales Turnover Net profit before tax Company Profile(s) Reference Sites (Use separate schedule formats for this response) Designated Staff (Detailed profiles of key staff shall be included in appendix) Name [Details of at least two similar implementations in the recent past (including contact details) which will demonstrate the Bidder’s ability to carry out the functions which they are projected to supply in this project in a timely and professional manner.] Position Project Designation Experience in Similar Projects Page - 23 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity (Give details about the following with respect to the methodology followed by you in projects of similar nature and complexity – a minimum of two projects please.) Project Name: Project Location: Client Name: Client address: Client contact/reference person(s): Name Address – if different from above Telephone Facsimile Mobile Phone Email address Project started (month/year): Project elapsed time – months: Man-months effort: Name of senior project staff: Project Director Project Manager Other Nature of the Project: Role of the company, whether complete end-to-end involvement or for a particular module: Project Detail (Broad details) Page - 24 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity The following documents are enclosed (as indicated in clauses 5 & 9 of the RFP). 1. 2. 3. 4. 5. Duly certified Audited financial statements for the last 3 financial years. Copy of Company Incorporation Certificate. Copy of TL /ISO Certificate. Copy of DOT Licence for telecom service provided by the bidder. Certificate from clients (minimum of 3 clients) regarding implementation of similar Project of Rs. 50 lacs and above each in any State / Central Government / PSU / Banking / Insurance company in the last 3 financial years. 6. Certificate from clients regarding maintenance of the project referred above in any State / Central Govt / PSU / Banking / Insurance Companies in the last 3 financial years. 7. Details of Network Operation Centre and Technical Assistance Centre along with technically qualified engineers attached to these centres. 8. Details of Leased lines/ MPLS circuits of high bandwidth being managed by the bidder from their NOC. We confirm that the prices quoted by us in the commercial bid are all inclusive as stipulated by the Bank in clause 7 of the RFP No 9 / 08-09 dated 18/08/2008. We also confirm that we agree to all the terms and conditions mentioned in this RFP No 9 / 08-09 dated 18/08/2008. Authorised Signatory Name and Designation Place: Date: Page - 25 - Office Seal INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity Format Of COMMERCIAL BID Annexure IV The bidders are required to submit a copy of the Technical Bid highlighting the features to be supplied along with the Commercial Bid. The format of Commercial Bids, containing six pages, to be submitted is as follows: 1 2 3 4 Indian Overseas Bank, Staff College-Chennai, No: 230, 7/A Jawaharlal Nehru Road, Old Thirumangalan, Anna Nagar, Chennai - 40, Pin: 600040|044| Indian Overseas Bank,R.K.Nagar Chennai,Sringeri Mutt Road,No: 9, R K Nagar,Chennai,Pin: 600028 Ph: 044 24941624 Indian Overseas Bank, Ahmedabad Regional Office, Post Bag/Box No: 4026, Chinubhai Towers, No: Nil Opp Handloom House,Ashram Road, Ahmedabad, Pin: 380009|079|6587390,6587391 ,6582356| Indian Overseas Bank, Bangalore Regional Office, Post Bag/Box No: 128, Laxminarayan, No: 10/1, III Complex, Palace Road, Vasant Nagar, Bangalore, Pin: 560052 2 Mbps 2 Mbps 2 Mbps Page - 26 - License or regulatory fee p.a. Equipment at provider edge* if required Cost of last mile connectivity Total between Bank Location and One provider’s POP time cost Equipment at bank (CPE) if required Required Bandwidth 2 Mbps MPLS VPN Bandwidth charges : Price for one time installation 2. Address of Corporate Office LOCATION : S.No. 1. Name of Bidder Recurr ing Costs p.a. INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 5 6 7 8 9 10 11 12 Indian Overseas Bank,Baroda Regional Computer Centre,Post Bag/Box No: 2513,Aries Complex,No: III FLOOR B P C Road,Alkapuri, Baroda,Pin: 390005 Indian Overseas Bank, regional Computer Centre, B/2, WEST SAHID NAGAR Bhubaneswar,KHURDA DT Pin : 751007 ORISSA Ph :0674 2545135 Indian Overseas Bank,Chandigarh Regional Office,Post Bag/Box No: 714,Madhya Marg,No: SCO11, Sector 7 C,Chandigarh,Pin: 160020 Indian Overseas Bank, Ramnagar, Coimbatore, Post Bag/Box No: 78, I Floor, Krishna, No: 131 Complex, Sastri Road, Ramnagar, Coimbatore, Pin: 641009|0422|2231231| Indian Overseas Bank,Delhi Regional Office,Post Bag/Box No: 6043,Rachna Bldg,,No: 2,III FLR Rajendra Place, Pusa Road,Patel Nagar Post, New Delhi,Pin: 110008 Indian Overseas Bank, Delhi CCO, Regal Bldg., Connaught Place, Newdelhi 110001 Ph :011 23364998 Indian Overseas Bank, Ernakulam Regional Computer Centre,VETTUKATTIL BUILDINGS, JOS JUNCTION,MGRD,ERNAKUL AM, KOCHI Pin : 682016 KERALA 2 Mbps Indian Overseas Bank, Goa Regional Office, Post Bag/Box No: 73, Salgaocar Centre, No: 2 Mbps 2 Mbps 2 Mbps 2 Mbps 2 Mbps 2 Mbps 2 Mbps Page - 27 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 13 14 15 16 17 18 II Floor Rua-De-Ourem, Panaji, Pin: 403001|0832|2430864,243575 1| Indian Overseas Bank, Hyderabad CCO, Post Bag/Box No: 5, &1-1-287/1, Padmaja, No: 1-1-256/8/ Mansion,Road NO. 3 Bapunagar, Chikkadpalli, Hyderabad, Pin: 500020|040|27611640,276000 78| Indian Overseas Bank, Regional Computer Centre, D23/A,PRITHVIRAJ MARG CHANDRA NIVAS - "C" SCHEME JAIPUR Pin : 302005 RAJASTAN Ph: 0141 2382300 Indian Overseas Bank,Kolkata(Metro)Regional Office,Post Bag/Box No: 9004,1st Floor,No: 119, Park Street,Kolkata,Pin: 700016 Ph : 033 22299751 Indian Overseas Bank,Lucknow Regional Office,Post Bag/Box No: 343,Nav Chetna Kendra,No: 10, Iii Flr, Ashok Marg,Lucknow,Pin: 226003 Indian Overseas Bank,Ludhiana Regional Office,Post Bag/Box No: 410,Fountain Chowk,No: 550/1 College Rd Civil Lines,Ludhiana,Pin: 141011 Indian Overseas Bank, Regional Computer Centre, PLOT NO40, 80 FEET ROAD ARIGNAR ANNA NAGAR MADURAI Pin : 625020 TAMILNADU Ph:0452 2520125 2 Mbps 2 Mbps 2 Mbps 2 Mbps 2 Mbps 2 Mbps Page - 28 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 19 20 21 22 23 24 25 Indian Overseas Bank, Regional Office, LIC BLDG, MANGAL PANDE OPP CHAUDHARY CHARAN SINGH UNIVERSITY, MEERUT Pin : 250005 UTTAR PRADESH Indian Overseas Bank, Mumbai(Metro) Regional Office, Post Bag/Box No: 16082, Maker Tower 'E', V Floor, No: Nil Cuffe ParadE, Mumbai, Pin: 400005|022|22187079,221554 87,22180179,22187051| Indian Overseas Bank,Patna Regional Office,Nasima House,No: II & III F West Of Gandhi Maidan,Patna,Pin: 800001 Ph : 0612 2223054 Indian Overseas Bank, Pondicherry Regional Office, Post Bag/Box No: 5, Brahmins Street, No: 42/1 Mudaliarpet, Pondicherry, Pin: 605004|0413| Indian Overseas Bank, Salem Regional Office, Post Bag/Box No: 454, Ideal Garden Complx, No: 7/54, II Floor, Junction Road, Near Five Roads, Salem, Pin: 636004|0427|2448540,244844 0,2448690| Indian Overseas Bank,Salt Lake City - Kolkata,Opp Labony Estate,No: Block EA Salt Lake City, Sector 1,Kolkata,Pin: 700064 Ph : 033 23375018 2 Mbps Indian Overseas Bank, Thanjavur Regional Office, Post Bag/Box No: 216, No: 85/P, Market Road Extension, Thanjavur, Pin: 613001 |04362|236723,238798| 2 Mbps 2 Mbps 2 Mbps 2 Mbps 2 Mbps 2 Mbps Page - 29 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 26 27 28 29 30 31 32 33 34 Indian Overseas Bank, Tirunelveli Regional Office, Post Bag/Box No: 14, East Car Street, No: 131 Tirunelveli Town, Tirunelveli, Pin: 627006|0462| Indian Overseas Bank, Tiruchirapalli CCO, Post Bag/Box No: , Shree Complex, B-Block, No: 18, I Floor, Madurai Road, Tiruchirapalli, Pin: 620008|0431|2700977,271253 8| Indian Overseas Bank, Thiruvananthapuram Regional Office, Post Bag/Box No: 90, IOB Buildings, No: Nil M G Road, Thiruvananthapuram, Pin: 695001|0471| Indian Overseas Bank, Vashi, Post Bag/Box No: 1, Sector 5, No: PL 4/4 Near ESI Hospital, Vashi, Pin: 400705. Ph 0227820293 2 Mbps Indian Overseas Bank,Vijayawada Regional Office,Post Bag/Box No: 8,Ring Road,No: 40-9-27, I & Ii Floors, Adj To Telco,Yard, Vijayawada,Pin: 520008 Ph: 0866 2474830 Indian Overseas Bank,Visakhapatnam Regional Office,Apurupa Arcade,,No: 13-26-2 Maharanipeta,Visakhapatnam, Pin: 530002 Ph :0891 2706356 VSNL Data Centre, Swamy Sivananda Salai – Chennai SIFY Data Centre, TIDEL Park, Chennai UTI Data Centre, Surabi Arcade, KOTI, Hyderabad 2 Mbps 2 Mbps 2 Mbps 2 Mbps 2 Mbps 100 Mbps 6 0 Mbps 50 Mbps Page - 30 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 35 36 Indian Overseas Bank, IT 10 Department, central Office, Mbps Chennai 600002 Grand Total( Total of one time costs + Recurring costs ***** for the line for one year) ***** ***** ***** **** **** **** We certify that price quoted are all-inclusive as per clause 7 of the RFP No. 9 / 08-09 dated 18/08/2008. We also confirm that we agree to all the terms and conditions mentioned in this RFP No. 9 / 08-09 dated 18/08/2008 Authorised Signatory: Name and Designation: Office Seal: Any item, which the bidder feels is required, the prices for the item should be mentioned in the commercial bid and the details of it should be mentioned compulsorily in the technical bid along with the required quantity Note Routers and Modems at all regional nodes address as per serial number 1 to 31 should be provided by the Bidder on lease. All the cells in the above table must be filled. Page - 31 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity ANNEXURE - V PROFORMA OF BANK GUARANTEE THIS GUARANTEE AGREEMENT executed at _________________ this ____ day of ____________ Two thousand eight BY: __________________________________ Bank, (*), a body corporate constituted under Banking Companies Acquisition and Transfer of Undertakings Act, 1970 having its Registered Office / Head Office at ___________________________ ___________________, and a Branch Office at ________________________ ___________________ (hereinafter referred to as “the Guarantor”, which expression shall, unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and assigns) IN FAVOUR OF: Indian Overseas Bank, a body corporate constituted under Banking Companies Acquisition and Transfer of Undertakings Act, 1970, having its Central Office at 763 Anna Salai, Chennai 600 002 (hereinafter referred to as “the Bank”, which expression shall, unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and assigns) ON BEHALF OF: M/s. _______________________________________________ , a company within the meaning of the Companies Act, 1956 (I of 1956) and having its Registered Office at _______________________________________________ (hereinafter referred to as “the Vendor”, which expression shall, unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and assigns) 1. WHEREAS the Bank on ________________, has entered into a contract with the vendor for provision of MPLS VPN Connectivity (hereinafter collectively called “MPLS VPN Connectivity”) for IOB’s WAN connectivity across India. 2. AND WEHREAS pursuant to the Bid Documents, Work Order dated ______________ and other related documents (hereinafter collectively referred to as “the said documents”), the Bank has agreed to procure from M/s. __________________________ _____________________ the said MPLS VPN Connectivity, more particularly described in the said documents, and the vendor has agreed to provide the said MPLS VPN Connectivity to the Bank, subject to payment of price as Page - 32 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity stated in the said documents and also subject to the terms and conditions, covenants, provisions and stipulations contained in the said documents. 3. AND WHEREAS pursuant to the above arrangement, the Bank has placed a Work Order with the said vendors and the vendors has duly confirmed the same. 4. AND WHEREAS in terms of the said documents, the vendor has agreed to provide the MPLS VPN Connectivity within a maximum period of 1 month from the date of the Work Order and to provide an unconditional irrevocable performance Bank Guarantee in favour of the Bank from a Scheduled Commercial Bank other than Indian Overseas Bank acceptable to the Bank for securing the Bank towards faithful observance and performance by the vendor of the terms, conditions, covenants, stipulations, provisions of the Contract / the said documents. 5. AND WHEREAS at the request of the vendor, the Guarantor has agreed to guarantee the Bank, payment of Rs. ________________ (Rupees _____ _______________________________________ only), being 20% of the contract value, towards faithful observance and performance by the vendor of the terms of the contract. NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS : In consideration of the premises, the Guarantor hereby unconditionally, absolutely and irrevocably guarantees the Bank as follows: 6. The Guarantor hereby guarantees and undertakes to pay, on demand, to the Bank at its office at Chennai forthwith, the sum of Rs. _____________ or any part thereof, as the case may be, as aforesaid due to the Bank from the vendor, towards any loss, costs, damages etc., suffered by the Bank on account of default of the vendor in the observance and performance of the said delivery obligations and other terms, conditions, covenants, stipulations, provisions of the contract, without any demur, reservation, contest, recourse or protest or without any reference to the vendor. Any such demand or claim made by the Bank, on the Guarantor shall be final, conclusive and binding, not withstanding any difference or any dispute between the Bank and the vendor or any dispute between the Bank and the vendor pending before any Court, Tribunal, Arbitrator, or any other authority. 1. The Guarantor agrees and undertakes not to revoke this Guarantee during the currency of these presents, without the previous written consent of the Bank and further agrees that the Guarantee herein contained shall continue to be enforceable until and unless it is discharged earlier by the Bank, in writing. Page - 33 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 2. The Bank shall be the sole judge to decide whether the vendor has failed to perform the terms of the contract for providing the MPLS VPN Connectivity, and on account of the said failure what amount has become payable by the vendor to the Bank under this Guarantee. The decision of the Bank in this behalf shall be final, conclusive and binding on the Guarantor and the Guarantor shall not be entitled to demand the Bank to establish its claim under this Guarantee but shall pay the sums demanded without any objection, whatsoever. 3. To give effect to this Guarantee, the Bank, may act as though the Guarantor was the principal debtor to the Bank. 4. The liability of the Guarantor, under this Guarantee, shall not be affected by 4.i) any change in the constitution or winding up of the vendor or insolvency or any absorption, merger or amalgamation of the vendor with any other company, corporation or concern; or 4.ii) any change in the management of the vendor or takeover of the management of the vendor by the Government or by any other authority; or 4.iii) acquisition or nationalization of the vendor and/or of any of its undertaking(s) pursuant to any lay; or 4.iv) any change in the constitution of the Bank / vendor; or 4.v) any change in the set up of the Guarantor which may be by way of change in the constitution, winding up, voluntary or otherwise, absorption, merger or amalgamation or otherwise; or 4.vi) the absence or deficiency of powers on the part of the Guarantor to give Guarantee(s) and/or Indemnities or any irregularity in the exercise of such powers. 6.5 Notwithstanding anything contained herein: i) Our liability under this Bank guarantee shall not exceed Rs___________ (Rupees __________________ only); ii) This Bank guarantee shall be valid upto ………..; and iii) We are liable to pay the guaranteed amount or any part thereof under this Bank guarantee only and only if you serve upon us a written claim or demand on or before _____________” (* *)” Page - 34 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 6.6 For all purposes connected with this Guarantee and in respect of all disputes and differences under or in respect of these presents or arising there from, the courts of Chennai city where the Bank has its Central Office shall alone have jurisdiction to the exclusion of all other courts. IN WITNESSE WHEREOF the Guarantor has caused these presents to be executed on the day, month and year first herein above written as hereinafter appearing. SIGNED AND DELIVERED BY The within named Guarantor, ____________________________________, by the hand of Shri. ___________________________________, its authorized official. (*) To be suitably altered depending on the nature of constitution of the bank that issues the guarantee. (**) There shall be a claim period of one month from the date of expiry of the guarantee. Hence the date should be one month from the date of expiry of guarantee Page - 35 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity ANNEXURE – VI PROFORMA OF BANK GUARANTEE THIS GUARANTEE AGREEMENT executed at ___________ this ________ day of _____________ Two Thousand eight BY : ______________________ Bank, (*) a body corporate constituted under Banking Companies Acquisition and Transfer of Undertakings) Act, 1970, having its Registered Office/ Head Office at ______________, and a Branch Office at _____________________________________________________ (hereinafter referred to as “the Guarantor”, which expression shall, unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and assigns) IN FAVOUR OF: Indian Overseas Bank, a body corporate constituted under Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Central Office at 763, Anna Salai, Chennai 600 002 (hereinafter referred to as “Bank”, which expression shall unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and assigns), 1.WHEREAS the Bank, on _____________________ has concluded a Contract with ___________________ a company within the meaning of the Companies Act, 1956 (1 of 1956) and having its registered office at ______________________________ for provision of MPLS VPN Connectivity hereinafter collectively called “MPLS VPN Connectivity” for IOB’s WAN connectivity across India. 2. AND WHEREAS pursuant to the Bid Documents, Work Order, and the other related documents (hereinafter collectively referred to as “the said documents”), the Bank has agreed to procure from M/s…………………………….………………………who has agreed to provide to the Bank ………………….the said MPLS VPN Connectivity, more particularly described in the said documents, subject to payment of the price as stated in the said documents and also subject to the terms, conditions, covenants, provisions and stipulations contained in the said documents. 3. AND WHEREAS pursuant to the above arrangement, the Bank, has concluded a Contract, with M/s. ………………………… on ………. (hereinafter referred to as “the Vendor” which expression Page - 36 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity shall unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and assigns), subject to the terms and conditions contained in the said documents and the vendor has duly confirmed the same. 4. AND WHEREAS in terms of the Contract stated in the said documents, the vendor has agreed to commission and maintain the MPLS VPN Connectivity and to provide an unconditional and irrevocable performance bank guarantee, in favour of the Bank, from a Scheduled Commercial Bank other than Indian Overseas Bank acceptable to the Bank for securing the Bank towards faithful observance and performance by the vendor of the terms, conditions, covenants, stipulations, provisions of the Contract/the said documents. 5. AND WHEREAS at the request of the Vendor, the Guarantor has agreed to guarantee the Bank, payment of Rs. ___________ (Rupees _________ __________________ only) being 5% of the contract value towards faithful observance and performance by the Vendor of the terms of the Contract. NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS: In consideration of the premises, the Guarantor hereby unconditionally, absolutely and irrevocably guarantees the Bank as follows: 6. The Guarantor hereby guarantees and undertakes to pay, on demand, to the Bank at its office at Chennai forthwith, an amount of Rs ……(the amount equal to 5% of the order value or any part thereof, as the case may be), as aforesaid due to the Bank from the Vendor, towards any loss, costs, damages, etc. suffered by the Bank on account of default of the Vendor in providing comprehensive maintenance as per the contractual terms and in the observance and performance of other terms, conditions, covenants, stipulations, provisions of the Contract, without any demur, reservation, contest, recourse or protest or without any reference to the Vendor. Any such demand or claim made by the Bank, on the Guarantor shall be final, conclusive and binding notwithstanding any difference or any dispute between the Bank and the Vendor or any dispute between the Bank and the Vendor pending before any Court, Tribunal, Arbitrator, or any other authority. Page - 37 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 1. The Guarantor agrees and undertakes not to revoke this Guarantee during the currency of these presents, without the previous written consent of the Bank and further agrees that the Guarantee herein contained shall continue to be enforceable until and unless it is discharged earlier by the Bank, in writing. 2. The Bank shall be the sole judge to decide whether the Vendor has failed to perform the terms of the Contract in providing comprehensive maintenance as per the contractual terms by the Vendor to the Bank, and on account of the said failure what amount has become payable by the Vendor to the Bank under this Guarantee. The decision of the Bank in this behalf shall be final, conclusive and binding on the Guarantor and the Guarantor shall not be entitled to demand the Bank to establish its claim under this Guarantee but shall pay the sums demanded without any objection, whatsoever. 3. To give effect to this Guarantee, the Bank, may act as though the Guarantor was the principal debtor to the Bank 4. The liability of the Guarantor, under this Guarantee shall not be affected by i) any change in the constitution or winding up of the Vendor or any absorption, merger or amalgamation of the Vendor with any other company, corporation or concern; or ii) any change in the management of the Vendor or takeover of the management of the Vendor by the Government or by any other authority; or iii) acquisition or nationalisation of the Vendor and/or of any of its undertaking(s) pursuant to any law; or iv) any change in the constitution of the Bank / Vendor; or v) any change in the set up of the Guarantor which may be by way of change in the constitution, winding up, voluntary or otherwise, absorption, merger or amalgamation or otherwise; or vi) the absence or deficiency of powers on the part of the Guarantor to give Guarantees and/or Indemnities or any irregularity in the exercise of such powers. 5. Notwithstanding anything contained herein: i) Our liability under this Bank guarantee shall not exceed Page - 38 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity Rs___________ (Rupees __________________ only); ii) This Bank guarantee shall be valid upto ………..; and iii) We are liable to pay the guaranteed amount or any part thereof under this Bank guarantee only and only if you serve upon us a written claim or demand on or before _____________(**) 6. For all purposes connected with this Guarantee and in respect of all disputes and differences under or in respect of these presents or arising there from the courts of Chennai city where the Bank has its Central Office shall alone have jurisdiction to the exclusion of all other courts. IN WITNESS WHEREOF the Guarantor has caused these presents to be executed on the day, month and year first herein above written as hereinafter appearing. SIGNED AND DELIVERED BY the within named Guarantor, ______________________, by the hand of Shri.___________________________, its authorised official. (*) To be suitably altered depending on the nature of constitution of the bank that issues the guarantee. (**) There shall be a claim period of one month from the date of expiry of the guarantee. Hence the date should be one month from the date of expiry of guarantee. Page - 39 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity NON DISCLOSURE AGREEMENT ANNEXURE VII THIS AGREEMENT made and entered into at Chennai on this the…..day of………2008 between Indian Overseas Bank, a body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act 1970, having its Central Office at No.763, Anna Salai, Chennai, hereinafter called the “BANK” which term shall wherever the context so require includes its successors and assigns AND ……………………a company incorporated under the Companies Act 1956 a partnership constituted and registered under the Indian Partnership Act with its registered office at ……. and its local office at ………… ……… …………… ……….. hereinafter called the “Firm” which term shall wherever the context so require includes its successors and assigns, WITNESSETH: WHEREAS The Bank is interalia engaged in the business of banking and in the course of such business activity intends to procure MPLS VPN connectivity for its data centres and regional nodes and has an exhaustive Information Systems Security Policy in place The parties intend to engage in discussions and negotiations concerning establishment of business relationship between themselves. In the course of discussions and negotiations, it is anticipated that the parties may disclose or deliver to the other certain or some of its trade secrets or confidential or proprietary information for the purpose of business relationship. NOW THERFORE THIS AGREEMENT WITNESSETH and it is hereby agreed by and between the parties hereto as follows: Confidential informationConfidential information means all information disclosed/furnished by either party to another party in connection with the business transacted/ to be transacted between the parties. Confidential information shall include any copy, abstract, extract, sample, note or module thereof and electronic material or records. The firm may use the information solely for and in connection with the purpose the information was conveyed. 1. Use of Confidential InformationEach party agrees not to use the other’s confidential information for any purpose other than for the specific purpose. Any other use of such confidential information by any party shall be made only upon the prior written consent from the authorized representative of the other party or pursuant to subsequent agreement between the Parties hereto. 2. The firm shall not commercially use or disclose for commercial purpose any confidential information or any materials derived there from, to any other person or entity other than persons in its direct employment who have a need to access and knowledge of the said information, solely for the purpose authorized above. Page - 40 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 3. Neither party shall make news release, public announcements, give interviews, issue or publish advertisements or Agreement, the contents/provisions thereof, other information relating to this agreement, the purpose, the Confidential information or other matter of this agreement, without the prior written approval of the other party. Exemptions The obligations imposed upon either party herein shall not apply to information, technical data or know how whether or not designated as confidential, that: i. Is already known to the receiving party (ie the party receiving the information) at the time of the disclosure without an obligation of confidentiality ii. Is or becomes publicly known through no unauthorized act of the receiving party iii. Is rightfully received from a third party without restriction and without breach of this agreement iv. Is independently developed by the Receiving party without use of the other party’s Confidential information and is so documented v. Is disclosed without similar restrictions to a third party by the Party owning the confidential information vi. Is approved for release by written authorization of the disclosing party; or vii. Is required to be disclosed pursuant to any applicable laws or regulations or any order of a court or a governmental body; provided, however that the Receiving party shall first have given notice to the Disclosing Party and made a reasonable effort to obtain a protective order requiring that the confidential information and / or documents so disclosed be used only for the purposes for which the order was issued. 4. Term This agreement shall be effective from the date of the execution of this agreement and shall continue till expiration or termination of this agreement due to cessation of the business relationship between the parties. Upon expiration or termination as contemplated herein the Receiving party shall immediately cease any or all disclosures or uses of confidential information and at the request of the disclosing party, the receiving party shall promptly return or destroy all written, graphic or other tangible forms of the confidential information and all copies, abstracts, extracts, samples, note or modules thereof The obligations of the firm respecting disclosure and confidentiality shall continue to be binding and applicable without limit until such information enters the public domain. 5. Title and Proprietary rights Notwithstanding the disclosure of any confidential information by the firm, the bank shall retain title and all intellectual property and proprietary rights in the confidential information. No license under any trademark, patent or copyright or application for the Page - 41 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity same which are existing or thereafter may be obtained by the Bank is either granted or implied by the conveying of confidential information. 6. Return of confidential information: Upon written demand of the Bank, the firm shall (I) cease using the confidential information (ii) return the confidential information and all copies, abstracts, extracts, samples, note or modules thereof to the disclosing party within seven (7) days after receipt of notice and (iii) upon request of the disclosing party, certify in writing that the firm has complied with the obligations set forth in this paragraph. 7. Remedies: The firm acknowledges that if it fails to comply with any of its obligations hereunder, the Bank may suffer immediate, irreparable harm for which monetary damages may not be adequate. The firm agrees that, in addition to all other remedies provided at law or in equity, the Bank shall be entitled to injunctive relief hereunder. 8. Entire agreementThis agreement constitutes the entire agreement between the parties relating to the matter discussed herein and supercedes any and all prior oral discussion and/or written correspondence or agreements between the parties. This agreement may be amended or modified only with the mutual written consent of the parties. Neither this agreement nor any rights, benefits and obligations granted hereunder shall be assignable or otherwise transferable. 9. IndemnityThe firm agrees to keep confidential all information concerning the Bank that could be considered as “Confidential Information”. The firm agrees that in the event of the breach of the clause above by disclosure of confidential information mentioned hereinabove the Firm would indemnify and keep the Bank indemnified against all losses or damages and all action, suit, litigations or proceedings (including all costs, charges, expenses relating thereto) that the Bank may incur or suffer any damage to its property or reputation or otherwise howsoever as part of the assignment or other related jobs entrusted and done by the firm. The firm agrees that the amount of compensation as decided by the Bank will be final. The firm agrees that the above compensation payable is in addition to any other right or remedy available to the Bank due to the breach of the covenants contained in this agreement including disclosure of confidential information. 10. Severability If any provision herein becomes invalid, illegal or unenforceable under any law, the validity, legality and enforceability of the remaining provisions and this agreement shall not be affected or impaired. Page - 42 - INDIAN OVERSEAS BANK Information Technology Department Central Office, 763, Anna Salai, CHENNAI – 600 002 RFP Ref No. RFP No 9/ dated 18.08.2008 Request for Proposal for providing High Bandwidth MPLS VPN Connectivity 11. Dispute resolution mechanism: In the event of any controversy or dispute regarding the interpretation of any part of this agreement or any matter connected with, arising out of, or incidental to the arrangement incorporated in this agreement, the matter shall be referred to arbitration and the award passed in such arbitration shall be binding on the parties. The arbitral proceeding shall be governed by the provisions of Arbitration and Reconciliation Act 1996 and the place of arbitration shall be Chennai. 12. Jurisdiction The parties to this agreement shall submit to the jurisdiction of courts in Chennai. 13. Governing laws The provisions of this agreement shall be governed by the laws of India In witness whereof the parties hereto have set their hands through their authorised signatories BANK FIRM / COMPANY Page - 43 -