Dispatch of Personalized, PIN Mailers and Pre-Printed Kits For

REQUEST FOR PROPOSAL FOR PROCUREMENT OF SERVICES FOR Printing &
Dispatch of Personalized, PIN Mailers and Pre-Printed Kits For Internet
Banking IN GENERAL TEXT FOR STATE BANK GROUP
Ref: SBI/GITC/ IT-Internet Banking INB/2015-16/226 DATED 13/01/2016
Dy. General Manager (IT-INB),
INTERNET BANKING Department,
State Bank Global IT Centre,
‘D’ Wing, Third Floor,
CBD Belapur, Navi Mumbai-400614.
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Date: 13 /01/2016
Table of Contents
Sr. No.
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Subject
Bid Details
Overview
Purpose
Invitation
RFP Terminology
Eligibility Criteria
Scope
Disclaimer
Earnest Money Deposit(EMD)
Performance Bank Guarantee (BG)
Bidding Document
Bidding Process
Preparation and Submission of Bids
Opening and evaluation of Bids
Award & Signing of Contract
Subcontracting
Patent Rights
Powers to Vary or Omit Work
No Waiver of Bank Rights or Successful
Bidder’s Liability
Inspection , Quality Control and Audit
Cancellation of Contract
Delays in the Vendor’s performance in
successful implementation of the
project
Liquidated Damages
Termination for Default
Force Majeure
Termination for Insolvency
Governing Law and Disputes
( Applicable in case of successful bidder
only)
Governing Language
Governing Law
Notices
Taxes and Duties
Vendor’s Obligation
System Integration Testing & User
Acceptance Testing
Training
Technical Documentation
Page Number
4
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49
Source Code
Services
Terms & Conditions
Annexure A – Bid Covering Letter &
Bidder details
Annexure B – Eligibility Criteria
Annexure C – Technical Bid
Annexure D – Bid form
Annexure E – Non-Disclosure
Agreement
Annexure F – Indicative Commercial Bid
Annexure G – Compliance Statement
Annexure H – Format of Performance
Bank Guarantee (BG)
Annexure I – Format of Earnest Money
Deposit (EMD)
Format for raising Pre bid queries.
27
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32
Annexure J – Contract Agreement / SLA
– Terms & Conditions
58
34
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Date: 13 /01/2016
BID DETAILS
1
2
2
A
3
4
5
6
7
Date of commencement
of
Bidding
Process
(Posting
of
Tender
Document on Web Site /
Publication of Tender)
Last date & time for down
loading
Bidding
Documents
Last date and time for
receipt of written queries
for
clarification
from
bidders
Pre-Bid Meeting
Last Date and Time for
Bid Submission
Date
and
Time
of
Technical Bid Opening
Date:
14.01.2016
28.01.2016 up to 3.00 PM
Date: 19.01.2016
Time:5.00 PM
(Written queries are to be emailed
ak.patil@sbi.co.in
marking
copies
pk.nayak@sbi.co.in
Date: 21.01.2016
Time:3.00 PM
Date: 28.01.2016
Time:3.00 PM
to
to
Date: 28.01.2016
Time: 4.00 PM
Authorised representatives of Bidders are
advised to be present during opening of
Technical Bid. However, Technical Bids would be
opened even in the absence of any or all of the
representatives of bidders.
SBI, GITC, Belapur.
Place of opening of Bids
Address
for Dy. General Manager (IT-INB), State Bank of India,
Internet Banking Department, Third Floor, ‘D’-Wing,
communication
Global IT Centre, CBD Belapur, Navi Mumbai(Bank)
8
Earnest Money Deposit
9
Bidder Contact Details
400614. Contact Number: 022-27566230; Email
:inb.tender@sbi.co.in ,ak.patil@sbi.co.in
Rs.10 lakh in the form of Bank Guarantee (BG) in
favour of State Bank of India issued by any
Scheduled Commercial Bank other than State Bank
of India. The bidders who exclusively deal with SBI
may submit ‘Letter of Comfort’ from the branches
concerned in lieu of Bank Guarantee. EMD should be
enclosed with Technical Bid. A format for BG is
attached as per Annexure I. The Bank Guarantee
should be valid for period of 12 months.
1.Name of the Company
2.Contact Person
3.Mailing address with Pin Code
4.Telephone number and Fax Number
5. Mobile Number
6. e-mail
10 Date of Opening of Date : 31.01.2016 (Tentative) Time : 4.00PM
Commercial bids
Representatives of bidders may be present at the
time of opening of commercial bids. However
bids would be opened even in the absence of
any or all of the bidder representatives.
10 Date of Online Reverse Date: 02.02.2016 (Tentative)
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Date: 13 /01/2016
Auction.
Or on a subsequent date which will be
communicated to such bidders who qualify in the
Technical Bid.
1. Overview
State Bank of India is India’s largest Bank with a network of over 18400 branches and five
associate Banks having over 8500 branches spread across India. Bank also has presence
in 32 countries across the globe. The Bank offers wide range of products and services to
both Corporate and Retails Customers. The Bank also has one of the largest networks of
56700+ ATMs spread across geographical locations. Bank also provides services to its
customers through alternate channels such as Internet Banking, Debit Cards, and Mobile
Banking etc.
To expand further reach, Bank is also forging ahead with cutting edge technologies and
innovative new banking models.
2. Purpose
The State Bank of India is requesting a proposal for providing complete solution of
Printing and dispatch of Personalized and PIN Mailers and Pre-Printed Kits (PPKs)
for use of various customers of State Bank of India, its five associate banks (viz. State Bank
of Bikaner & Jaipur, State Bank of Hyderabad, State Bank of Mysore, State Bank of Patiala
and State Bank of Travancore) and other subsidiaries/exchange companies managed by
SBI (collectively referred to as State Bank Group or SBG hereinafter) is issued by State
Bank of India (the Bank) on behalf of SBG. The purpose of the SBI behind this RFP is to
seek a detailed technical and commercial proposal for providing complete solution for
Printing and dispatch of Personalized and PIN Mailers and Pre-Printed Kits (PPKs)
in General Text. (hereinafter referred to as ‘proposed services’ ).
3.Invitation
The bidders desirous of taking up the project for supply of above solution for SBI are invited
to submit their technical and commercial proposal in response to this RFP. The criteria and
the actual process of evaluation of the responses to this RFP and subsequent selection of
the successful bidder will be entirely at Bank’s discretion. This RFP seeks proposal from
Bidders who have the necessary experience, capability & expertise to provide SBI
complete solution of Printing and dispatch of Personalized and PIN Mailers and PrePrinted Kits (PPKs) in General Text adhering to Bank’s requirement outlined in this RFP.
[
This RFP is not an offer by State Bank of India, but an invitation to receive responses
From the Bidders. No contractual obligation whatsoever shall arise from the RFP process unless
and until a formal contract is signed and executed by duly authorized
Official (s) of State Bank of India with a selected Bidder.
4.RFP Terminology
4. Definitions:
Definitions – Throughout this RFP, unless inconsistent with the subject matter or context:
4.1 Bidder/ Service Provider/ System Integrator – An eligible entity/ firm submitting a
Proposal/ Bid in response to this RFP.
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Date: 13 /01/2016
4.2 Supplier/ Contractor/ Vendor /service provider– Selected Bidder/ System Integrator
under this RFP.
4.3 Bank/ Purchaser/ SBI - Reference to the “the Bank”, “Bank” and “Purchaser” shall be
determined in context and may mean without limitation “State Bank of India, its Associate
Banks and subsidiaries”.
4.4 Proposal/ Bid – the Bidder’s written reply or submission in response to this RFP.
4.5 RFP – the request for proposal (this document) in its entirety, inclusive of any addenda that
may be issued by the Bank.
4.6 Proposed product/Solution/ Services/ Work/ System/Product – It means ‘complete
solution of Printing and dispatch of Personalized and PIN Mailers and PrePrinted Kits (PPKs) in General Text’ which means services to be provided as per the
requirements specified in this document and any other incidental services and other
obligations of the service provider covered under this arrangement. It also includes software,
hardware, services as described in the RFP and include services ancillary to it, such as
installation, commissioning, integration with existing systems, provision of technical
assistance, training, auditing and other obligation of the Supplier covered under the RFP.
4.7 Project Cost - Project cost would be initial cost/ onetime cost/ fees/ development Cost/
installation cost/ commissioning cost/ integration cost with existing systems/ customization
cost/ training cost / technical assistance.
4.8 Annual Maintenance Contract (AMC) - NA
5.Eligibility Criteria
Bid is open to all Bidders who fulfil the eligibility criteria. The bidder has to submit the details
of eligibility criteria as per Annexure – B.
6. Scope (Busines functionalities,Technical requirements, Integration, performance,
scalability, and regulatory, security, trail/pilot requirements : Please refer Annexure
‘C’.
7.Disclaimer
The information contained in this Request for Proposal (RFP) document or information
provided subsequently to Bidder(s) or applicants whether verbally or in documentary
form/email by or on behalf of State Bank of India (Bank), is subject to the terms and
conditions set out in this RFP document and all other terms and conditions subject to which
such information is provided.
This RFP is neither an agreement nor an offer and is only an invitation by the Bank to the
interested parties for submission of bids. The purpose of this RFP is to provide the
Bidder(s) with information to assist the formulation of their proposals. This RFP does not
claim to contain all the information each Bidder may require. Each Bidder should conduct its
own investigations and analysis and should check the accuracy, reliability and
completeness of the information in this RFP and where necessary obtain independent
advices/clarifications. Bank may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information in this RFP.
No
contractual obligation whatsoever shall arise from the RFP process until a formal contract is
signed and executed by duly authorized officers of the Bank with the selected Bidder.
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Date: 13 /01/2016
The Bank, its employees and advisors make no representation or warranty and shall have
no liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption, statement or
information contained therein or deemed to form part of this RFP or arising in any way for
participation in this Bid Stage.
The Bank also accepts no liability of any nature whether resulting from negligence or
otherwise, howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP.
The issue of this RFP does not imply that the Bank is bound to select a Bidder or to appoint
the Selected Bidder or Concessionaire, as the case may be, for the Project and the Bank
reserves the right to reject all or any of the Bidders or Bids without assigning any reason
whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be
required by the Bank or any other costs incurred in connection with or relating to its Bid. All
such costs and expenses will remain with the Bidder and the Bank shall not be liable in any
manner
Whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding
Process.
8.Earnest Money Deposit (EMD)
8.1 Bidder to submit the EMD of Rs.10 lakh ( Rupees Ten lakh only) as Bid Security in the form of
Bank Guarantee valid for 12 months in favour of State Bank of India, GITC Belapurr (as per the
format given in Annexure I) issued by any Scheduled Commercial Bank other than SBI. The bidders
who exclusively deal with SBI may submit a ‘Letter of Comfort’ from the branches concerned in lieu
of Bank Guarantee. The bidder needs to note that EMD may be forfeited in the event of withdrawal
of bid during the period of bid validity or if successful bidder fails to sign the contract in accordance
with the terms & conditions and other requirements specified in RFP or any act of bidder not in line
with contract obligations. The bidders may choose to submit EMD in the form of Demand Draft. In
that case the DD should be drawn in favour of State Bank of India, Estate Department, Belapur,
payable at Mumbai.
8.2 EMD should be kept in the envelope containing technical Bid. Any bid not accompanied with the
requisite EMD shall be treated as non-responsive and is liable to be rejected.
8.3 The EMD of the unsuccessful bidders will be returned as early as possible. Successful Bidder’s
EMD will be returned upon the bidder signing the contract and submitting the required Performance
Bank Guarantee.
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Date: 13 /01/2016
8.4 No interest is payable on the amount of EMD.
8.5 If EMD is forfeited for any reason, the concerned bidder may be debarred from further
participation in future RFPs floated by the Bank/ procuring department as per sole discretion of the
Bank.
9. Performance Bank Guarantee (PBG)
9.1 The finally selected bidder would be required to submit a Performance Bank Guarantee of Rs.50
lakhs with validity for 24 months and such other extended period as the Bank may decide for due
performance of the project obligations within 15 days of receipt of purchase order.
The bank guarantee should be issued by any scheduled commercial bank, other than SBI. A format
for BG is attached as per Annexure H.
9.2 The Performance Bank Guarantee is required to protect the interest of the Bank against delay in
supply/installation and or the risk of un-successful implementation of the project, or performance of
the material or services sold, which may warrant the invoking of Bank Guarantee (BG), also if any
act of the supplier results in imposition of Liquidated Damages then the Bank reserves the right to
invoke the submitted Performance Bank Guarantee.
In case, SBI is the sole Banker for the Bidder, a Letter of Comfort from SBI may be furnished. ]
9.3 As per clause 13.2.4 of this document, if two or more bidders are selected for providing one
category of proposed services, then PBG has to be submitted in the proportion (%) the proposed
services is allocated to the bidders.
10. Bidding Document
10.1 Cost of Bidding: The Bidder shall bear all costs associated with the preparation and
submission of its bid including cost of presentation(s), etc. Bank will not be responsible or
liable for these costs, regardless of the conduct or outcome of the bidding process.
10.2 Content of Bidding Document
10.2.1 The biding document provides overview of the requirements, bidding procedures and
contract terms. It includes Introduction, Instructions to Bidder, Terms& Conditions of
Contract, Functional Requirement Specifications (FRS), Eligibility Criteria, Technical Bid
and Financial Bid. The bidder must conduct its own investigation and analysis regarding
any information contained in this RFP document, its meaning and impact of that
information.
10.2.2 The Bidder is expected to examine all instructions, statements, terms and
specifications in the bidding document. Failure to furnish all information required by the
bidding documents or submission of bid not responsive to the bidding documents in every
respect will be at the Bidder’s risk and may result in rejection of its bid. SBI has made
considerable effort to ensure that accurate information is contained in this RFP and is
supplied solely as guidelines for Bidders. At any time prior to the deadline for submission of
bids, SBI may modify the bidding document by amendment/Bank may make changes
related to any of the part of RFP including the contents relevant to the Scope of Work to the
extent, detail, and accuracy allowed by prevailing circumstances which will be made
available to the bidders by way of corrigendum/ addenda. RFP and changes, if any will be
published in Bank’s website www.sbi.co.in (link ‘procurement news’). Bidders are advised to
visit the link regularly for updates. The terms of RFP and its amendment, if any will be
binding on all bidders. SBI, at its discretion may extend the deadline for submission of bids
in order to allow prospective bidders a reasonable time to take the amendment into
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Date: 13 /01/2016
account. Nothing in this RFP or any addenda is intended to relieve Bidders from forming
their own opinions and conclusions in respect of the matters addresses in this RFP or any
addenda.
10.3 Clarifications& Amendments
10.3.1 If deemed necessary the Bank may seek clarifications on any aspect from the
bidder. However that would not entitle the bidder to change or cause any change in the
substances of the bid already submitted or the price quoted. The bidder may also be asked
to give presentation for the purpose of clarification of the bid.
10.3.2 The Bidder requiring any clarification of the bidding documents should submit
specific written queries (to be emailed to inb.tender@sbi.co.in and ak.patil@sbi.co.in)
on or before the dates mentioned elsewhere in this document. Queries received after the
scheduled date and time will not be responded.
10.3.3 At any time prior to the deadline for submission of bids, SBI may modify the bidding
document by amendment.
10.3.4 Clarifications to pre bid queries will be advised in the form of email and any
addendum/ corrigendum to RFP will be available in SBI’s website- ‘www.sbi.co.in’.The
amendment will be binding on all bidders. SBI, at its discretion may extend the deadline for
submission of bids in order to allow prospective bidders a reasonable time to take the
amendment into account.
10.3.5 Bids containing deviations from the terms and conditions of RFP are liable to be
rejected.
11. Bidding Process
11.1 The bids shall be submitted in two separate sealed envelopes, one containing Technical Bid
and other Indicative Commercial Bid, both to be submitted together in one envelope. All details with
the relevant information / documents / acceptance of all terms and conditions strictly as described in
this RFP will have to be submitted. In the first stage, only technical bid will be opened and
evaluated. Bidders satisfying eligibility criteria and agree to comply with all terms and conditions
specified in this document will be evaluated for technical specifications. Those bids that have
complied to Technical bids shall be qualified for commercial bid opening and further RFP process.
11.2 The Bidder should be willing to participate in the online reverse auction to be conducted by
Bank’s authorized service provider on behalf of the Bank. Eligible Bidders will be trained by Bank’s
authorized service provider for this purpose. Bidders should also be willing to abide by the ebusiness rules for reverse auction framed by the Bank / Authorised service provider. The details of
e-business rules, processes and procedures will be provided to the short-listed bidders.
12. Preparation and Submission of Bids
12.1 The bids prepared by the bidder and all correspondence and documents relating to
bids exchanged by the bidder and purchaser must be written in English.
12.2 Vendor must provide specific and factual replies to specific questions asked in
the RFP.
12.3 Technical bid should comprise of one hard copy and one soft copy (Word format).
Hard copy of technical bid should be a complete document and placed in a sealed
envelope super-scribed as “Technical Bid for Procurement of PPKs Services in
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Date: 13 /01/2016
General Text for State Bank Group”. The soft copy of the technical bid should be
submitted on a CD sealed in an envelope marked as “SOFT COPY OF TECHNICAL BID”.
Voluminous documents should be submitted only on CDs. These two sealed envelopes
should be placed in a single sealed envelope super scribed as “Technical bid for
Procurement of complete solution of Printing and dispatch of Personalized and PIN
Mailers and Pre-Printed Kits (PPKs) Services in General Text for State Bank Group”
12.4 The technical bid should consist of the following:
i. Bid covering letter (Annexure-A) on bidder’s letter head.
ii. Earnest Money Deposit as specified in this document
iii. A letter on bidder’s letterhead mentioning/enclosing a)
Details of EMD submitted, technical competence and experience of the
iv.
v.
vi.
vii.
viii.
ix.
bidder
b) Certifying that the period of the validity of the bid is 180 days from the target
date of submission of bid
c) Confirming that the bidder has quoted for all the items/services mentioned
in the bid in their commercial bid.
d) Supporting documents in respect of Eligibility Criteria as mentioned in
Annexure B.
Bidder’s information as per Annexure D on bidder’s letter head.
Audited balance sheets and profit and loss account statement for last three years
A copy of board resolution or power of attorney showing that the signatory has been duly
authorized to sign the tender document.
Bidder should provide details of functional process of proposed services.
Bidder is responsible for meeting all licensing requirements if any, as part of service
requested and should provide licensing details.
Response to all points of the Technical evaluation format as per Annexure- C
12.5 Bidder should submit indicative commercial bid as per Annexure F of the bid
document. Indicative Commercial bid should comprise of hard copy and placed in a sealed
envelope super-scribed as “Indicative commercial bid for Procurement of complete
solution of Printing and dispatch of Personalized and PIN Mailers and Pre-Printed
Kits (PPKs) in General Text for state bank group”.
The bids should be submitted in 2 separate envelopes one each for Technical Bid and
Commercial Bid.
12.6 Bid Prices
The prices should be specified only in “Indicative Commercial Bid” (strictly on the lines of
Annexure-F) and must not be specified at any other place in the bid document. The quotes
prices and taxes, duties & statutory levies such as Service Tax, VAT/Sales Tax, Octroi,
NMMC cess etc should be specified separately.
12.7 Revealing of Prices
The rates and/ or prices in any form or for any reasons should not be disclosed in the
technical or other parts of the bid except in the commercial bid, failure to do so make the
bid liable to be rejected. Before opening of commercial bid, if price revision is envisaged by
the Bank, revised commercial bid may be required to be submitted in a separate sealed
envelope.
12.8 Pre-Bid Meeting:
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Date: 13 /01/2016
It is proposed to hold a pre-bid meeting with the bidders tentatively on timings mentioned in
the beginning of this document to clarify the queries if any received from the bidders any
further information will be provided to all bidders on SBI website as corrigendum. Any
clarification on queries raised by bidder on Open Tender Enquiry (OTE) will be provided to
the bidders through email and any corrigendum to RFP will be published on SBI’s website. Bidders
are advised to refer to the Bank’s website (www.sbi.co.in) at regular intervals for the
purpose. Bank will not be responsible if the bidder(s) is not aware or became aware at a
later stage of any change(s) made in this RFP by way of corrigendum(s)/amendment(s).
12.9 Validity of Bids
Bid should remain valid for 180 days from date of e-Reverse Auction. A bid valid for shorter
period is liable to be rejected. The bidder may be required to give consent for the extension
of the period of validity of the bid beyond initial 180 days, if so desired by the Bank in
writing or by fax. Refusal to grant such consent would result in rejection of bid without
forfeiture of the EMD. However, any extension of validity of bids will not entitle the bidder to
revise/ modify the bid document.
12.10 Bid Integrity
Wilful misrepresentation of any fact within the Bid will lead to the cancellation of the contract
without prejudice to other actions that Bank may take. All the submission, including any
accompanying documents, will become property of SBI. The bidders shall be deemed to
license, and grant all rights to SBI, to reproduce the whole or any portion of their product for
the purpose of evaluation, to disclose the contents of submission to other bidders and to
disclose and/ or use the contents of submission as the basis for RFP process.
12.11 Format and Signing of Bid
12.11.1 The bidder should prepare submission as per minimum eligibility criteria, Technical
Bid, Indicative Commercial Bid and other requested information.
12.11.2 All pages of the Bid document should be serially numbered and shall be signed by
the authorized person(s) only. The person(s) signing the bid shall sign all pages of the bid
and rubber stamp should be affixed on each page except for an un-amended printed
literature. The bidder should submit a copy of board resolution or power of attorney showing
that the signatory has been duly authorized to sign the tender document.
12.11.3 Any interlineations, erasures or overwriting shall be valid only if the person(s)
signing the bid sign(s) them.
12.11.4 Bid should be typed and submitted on A4 size paper [font Times New Roman 14],
spirally bound securely and in serial order. Bidders responding to this RFP shall submit
covering letter included with the bid and compliance certification statement required for
submission of a proposal.
12.11.5 In case of any discrepancies between hard and soft copy, the hard
copy will be consider as base document.
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Date: 13 /01/2016
12.12 Last date of receipt of bids
The bid should be addressed to the Deputy General Manager (Internet Banking) at the
following address up to the time and date mentioned at bid details:
Address
Dy. General Manager (Internet Banking),
Internet Banking Department,
State Bank Global IT Centre,
‘D’ Wing, Third Floor,
CBD Belapur, Navi Mumbai-400614.
In the event of the target date for the receipt of bids being declared as holiday for the Bank,
the bids will be received till the target time on the next working day. The bank may at its
discretion extend the bid submission date. The modified target date & time will be notified
on the website of the Bank.
12.13 Bid Currency
Prices shall be expressed in Indian Rupees only.
12.14 Late Submission of bids
Any bid received by the Bank after scheduled date and time prescribed at Bid details will be
rejected and/ or returned un-opened to the bidder at his risk and responsibility.
12.15 Modification and Withdrawal of Bids
No bid may be withdrawn in the interval between the deadline for submission of bids and
the expiration of period of bid validity.
13. Opening and Evaluation of Bids
13.1 Opening of Technical Bid
All the Bids will be opened at the date, time & locations mentioned under the clause Bid
Details. The technical bids will be open in the presence of representatives of the bidders
who choose to attend.
13.2 Evaluation Process
13.2.1 Preliminary examination
The bids will be examined by the Bank to determine whether they are complete and
whether required bid security has been furnished. A bid determined as not substantially
responsive will be rejected. The Bank may, at its discretion waive any minor non conformity
or irregularity in a bid which does not constitute a material deviation.
After opening of the technical bids and preliminary examinations, some or all of the bidders
may be asked to make presentation of the solution/services offered by them.
Any effort on the part of bidder to influence bid evaluation process or award of contract may
result in the rejection of the bid.
13.2.2 Technical Evaluation
13.2.2.1 Evaluation will include, scrutiny of minimum eligibility criteria (as mentioned in
Annexure B) and technical information submitted as per technical bid format (Annexure
C), demonstration of proposed product/services, reference calls and site visits. The bidder
may highlight the noteworthy / superior features of their product. The bidder will
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Date: 13 /01/2016
demonstrate/substantiate all claims made in the technical bid to the satisfaction of the
Bank, the capability of the product to support all the required functionalities at their cost in
their lab/ office/ in any other organization where similar product is in use.
13.2.2.2. The evaluation will also take into account:
 ‘The product’ supplied/services offered by the bidder to any noticeable bank in India. The






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bidder should furnish the details.
Does the proposed product/solution handles the projected volumes and offers a proven
solution to meet the requirement.
Is the product/solution offered by the Bidder a complete system or does it have integrations
with third party solutions.
Upgrade(s) assurance by the Vendor as per requirement of the Bank for the duration of the
project.
Capability of the proposed product to meet future requirements not outlined in the RFP.
Support on open platforms and product based on latest technology (both
hardware/firmware).
Bidder support facilities: Support requirement like online support/ email support/ offline
support, time period like 24 * 7* 365 days.
Bidder will support the Bank (on call/on-site support) in peak days of business (month-end
and start of the month) and during switching over process from PR to DR and vice versa.
Bids meeting the eligibility criteria & having complied with the points of Technical Bid shall be
qualified for commercial bid opening & evaluation / Reverse Auction.
13.2.3 Commercial Evaluation
 The envelope containing the Commercial offers of only those Bidders, who are shortlisted after technical evaluation, would be opened.
 The online reverse auction will be conducted by the Bank or a company who have
been authorized in this regard by the Bank. Reverse auction guidelines will be
communicated to all short-listed bidders.
 The commercial offer should consist of comprehensive cost for required product.
Bidder must provide detailed cost breakdown, for each and every category
mentioned in the commercial bid (strictly on the lines of Annexure F).
13.2.4 Right to accept part bid:
The Bank reserves the right to accept the tender either in whole or in part
at the same prices quoted by the Bidder.
14. Award & Signing of contract
14.1 Bank will notify successful bidder (L1) in writing by letter in duplicate or fax that its bid
has been accepted. The Selected bidder has to return the duplicate copy of the same to the
Bank within 7 working days, duly Accepted, Stamped and Signed by Authorized Signatory
in token of acceptance. In case of failure to accept the order within 7 working days from the
date of receipt of the order, makes the EMD liable for forfeiture at the discretion of the Bank
and the Bank will be at liberty to proceed with procurement from the next lowest bidder L2
or L3 (in case of failure of L2 in accepting the contract) in the online e-procurement reverse
auction. In such event, the initially selected bidder stands disqualified for further
participation in the subject bid.
Page 13 of 69
Date: 13 /01/2016
14.2 The successful bidder shall be required to enter into a contract/ SLA with the Bank,
within 30 days of after award of the tender or within such extended period as may be
decided by the Bank along with the letter of acceptance, NDA (where applicable), BG and
other terms and conditions as may be determined by the Bank to be necessary for the due
performance of the work in accordance with the Bid and acceptance thereof.
14.3 Copy of board resolution or power of attorney showing that the signatory has been
duly authorized to sign the acceptance letter, contract and NDA should be submitted.
14.4 The contract/ agreement will be based on bidder’s offer document with all its
enclosures, modifications arising out of negotiation /clarifications etc and will include SLA,
project plan – phases & milestones and schedule, copies of all necessary documents,
licenses, certifications etc
14.5 The Bank reserves the right to stipulate, at the time of finalization of the contract, any
other document(s) to be enclosed as a part of the final contract.
15. Subcontracting
15.1 As per scope of the RFP, subcontracting is prohibited. However, if the bidder
subsequently wishes to sub-contract the scope of work, it will have to obtain specific written
permission from the Bank before contracting any work to subcontractors. Bank at its own
discretion may permit or deny the same.
15.2 In case subcontracting is permitted by the Bank, the contracting vendor will be
responsible for all the services provided to the Bank regardless of which entity is conducting
the operations. The contracting vendor is also responsible for ensuring that the subcontractor comply with all security requirements of the contract and Bank can obtain
independent audit report for the same. In such a case, the bidder should provide
subcontracting details to the Bank and if require, Bank may evaluate the same.
16. Patent Rights
16.1 For any licensed software/firmware, if any used by the finally selected L1 Vendor for
performing services or developing software for the Bank, the Vendor should have right as
well right to license for the outsourced services or third party software development. Any
license or IPR violation on the part of Vendor/ Subcontractor should not put the Bank at risk.
The bank reserves the right to audit the license usage of the Vendor.
16.2 The Vendor shall, at their own expenses, 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. In case of violation/ infringement of patent/ trademark/
copyright/ trade secrete or industrial design, the supplier shall after due inspection and
testing get the solution redesigned for SBI at no extra cost.
16.3 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 therefore, including
all expenses and court and legal fees.
Page 14 of 69
Date: 13 /01/2016
16.4 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.
16.5 The supplier shall grant the Bank a fully paid-up, irrevocable, non-exclusive license
throughout the territory of India or abroad to access, replicate and use software provided by
the supplier, including all inventions, designs and marks embodied therein perpetually.
17. Powers to Vary or Omit Work
17.1 No alterations, amendments, omissions, additions, suspensions or variations of the work
(hereinafter referred to as variation) under the contract shall be made by the successful bidder
except as directed in writing by Bank. The Bank shall have full powers, subject to the provision
herein after contained, from time to time during the execution of the contract, by notice in writing to
instruct the successful bidder to make any variation without prejudice to the contract. The finally
selected bidders shall carry out such variation and be bound by the same conditions as far as
applicable as though the said variations occurred in the contract documents. If any suggested
variations would, in the opinion of the finally selected bidders, if carried out, prevent him from
fulfilling any of his obligations under the contract, he shall notify Bank thereof in writing with reasons
for holding such opinion and Bank shall instruct the successful bidder to make such other modified
variation without prejudice to the contract. The finally selected bidders shall carry out such variation
and be bound by the same conditions as far as applicable as though the said variations occurred in
the contract documents. If Bank confirms his instructions, the successful bidder’s obligations shall
be modified to such an extent as may be mutually agreed, if such variation is substantial and
involves considerable extra cost. Any agreed difference in cost occasioned by such variation shall
be added to or deducted from the contract price as the case may be.
17.2 In any case in which the successful bidder has received instructions from Bank as to the
requirement of carrying out the altered or additional substituted work which either then or later on,
will in the opinion of the finally selected bidders, involve a claim for additional payments, such
additional payments shall be mutually agreed in line with the terms and conditions of the order.
17.3 If any change in the work is likely to result in reduction in cost, the parties shall agree in writing
so as to the extent of change in contract price, before the finally selected bidder(s) proceeds with
the change. In all the above cases, in the event of a disagreement as to the reasonableness of the
said sum, the decision of Bank shall prevail.
18. No Waiver of Bank Rights or Successful Bidder’s Liability
Neither any payment sign-off by Bank, nor any payment by Bank for acceptance of the whole or any
part of the work, nor any extension of time, nor any possession taken by Bank shall affect or
prejudice the rights of Bank against the finally selected bidders, or relieve the finally selected
bidders of his obligations for the due performance of the contract, or be interpreted as approval of
the work done, or create liability in Bank to pay for alterations/ amendments/ variations, or discharge
the liability of the successful bidder for the payment of damages whether due, ascertained, or
certified or not or any sum against the payment of which he is bound to indemnify Bank nor shall
any such certificate nor the acceptance by him of any such paid on account or otherwise affect or
prejudice the rights of the successful bidder against Bank.
19. Inspection, Quality Control and Audit
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Date: 13 /01/2016
19.1 The Bank may, at its discretion, get the proposed services of the finally selected bidder
inspected/ audited by its internal/ external inspectors/ auditors. The finally selected bidder and or his
/ their outsourced agents / sub – contractors shall facilitate the same.
19.2 The selected bidder shall, whenever required, furnish all relevant information, records, and
data to such auditors and / or inspecting officials of the Bank / Reserve Bank of India and or any
regulatory authority / Bank’s consultant / Testing agency entrusted by the Bank to carry out this
work.
19.3 The Bank may, at its discretion demand a demonstration of the solution proposed on a
representative model in Bidder’s office as per specification provided by the Bank.
19.4 The Bank may, at its discretion inspect, test the products/solution after delivery of the
same to the Bank and where necessary may reject the services/solution which does not
meet the specification provided by the Bank. This shall in no way be limited or waived by
reason of the Solution having previously being inspected, tested and passed by the Bank or
its representative prior to the products shipment from the place of origin or prior to the
installation and commissioning.
19.5 The Bank at its discretion may carry out periodic inspection/quality checks on continual
basis and where necessary may reject the solution which does not meet the specifications
provided by the Bank.
Nothing stated hereinabove shall in any way release the Vendor from any warranty or other
obligations under this contract.
System integration testing and User Acceptance testing will be carried out as per
requirement of the Bank.
20. Conflict of Interest:
Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding
Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of
disqualification. The Bank shall be entitled to forfeit and appropriate the Bid Security and/or
Performance Security (Performance Bank Guarantee), as the case may be, as mutually agreed
upon genuine estimated loss and damage likely to be suffered and incurred by the Bank and not
by way of penalty for, inter alia, the time, cost and effort of the Bank, including consideration of
such Bidder’s proposal (the “Damages”), without prejudice to any other right or remedy that may
be available to the Bank under the Bidding Documents and/ or the Concession Agreement or
otherwise. Without limiting the generality of the above, a Bidder shall be deemed to have a
Conflict of Interest affecting the Bidding Process, if:
(a) the Bidder, its Member or Associate (or any constituent thereof) and any other Bidder,
its Member or any Associate thereof (or any constituent thereof) have common
controlling shareholders or other ownership interest; provided that this disqualification
shall not apply in cases where the direct or indirect shareholding of a Bidder, its
Member or an Associate thereof (or any shareholder thereof having a shareholding of
more than 5% (five per cent) of the paid up and subscribed share capital of such
Bidder, Member or Associate, as the case may be) in the other Bidder, its Member or
Associate, has less than 5% (five per cent) of the subscribed and paid up equity share
capital thereof; provided further that this disqualification shall not apply to any
ownership by a bank, insurance company,pension fund or a public financial institution
Page 16 of 69
Date: 13 /01/2016
referred to in section 4A of the Companies Act, 1956. For the purposes of this Clause,
indirect shareholding held through one or more intermediate persons shall be
computed as follows:
(i) where any intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in any other
person (the “Subject Person”) shall be taken into account for computing the
shareholding of such controlling person in the Subject Person; and
(ii) subject always to sub-clause (i) above, where a person does not exercise control
over an intermediary, which has shareholding in the Subject Person, the
computation of indirect shareholding of such person in the Subject Person shall be
undertaken on a proportionate basis; provided, however, that no such shareholding
shall be reckoned under this sub-clause if the shareholding of such person in the
intermediary is less than 26% of the subscribed and paid up equity shareholding of
such intermediary; or
(b) a constituent of such Bidder is also a constituent of another Bidder; or
(c) such Bidder, its Member or any Associate thereof receives or has received any
direct or indirect subsidy, grant, concessional loan or subordinated debt from any
other Bidder, its Member or Associate, or has provided any such subsidy, grant,
concessional loan or subordinated debt to any other Bidder, its Member or any
Associate thereof; or
(d) Such Bidder has the same legal representative for purposes of this Bid as any other
Bidder; or
(e) such Bidder, or any Associate thereof, has a relationship with another Bidder, or any
Associate thereof, directly or through common third party/ parties, that puts either or
both of them in a position to have access to each others’ information about, or to
influence the Bid of either or each other; or
(f) Such Bidder or any Associate thereof has participated as a consultant to the Bank in
the preparation of any documents, design or technical specifications of the Project.
21. Fraud & Corrupt Practices:
21.1
The Bidder and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process.
Notwithstanding anything to the contrary contained herein, the Bank shall reject an
Application without being liable in any manner whatsoever to the Bidder if it determines
that the Bidder has, directly or indirectly or through an agent, engaged in
corrupt/fraudulent/coercive/undesirable or restrictive practices in the Bidding Process.
21.2 Without prejudice to the rights of the Bank under Clause 21.1 hereinabove, if a Bidder
is found by the Bank to have directly or indirectly or through an agent, engaged or
indulged in any corrupt/fraudulent/coercive/undesirable or restrictive practices during
the Bidding Process, such Bidder shall not be eligible to participate in any EOI/RFP
issued by the Bank during a period of 2 (two) years from the date if such Bidder is
found by the Bank to have directly or indirectly or through an agent, engaged or
indulged in any corrupt/ fraudulent/ coercive/ undesirable or restrictive practices, as the
case may be.
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Date: 13 /01/2016
21.3 For the purposes of this Clause, the following terms shall have the meaning
hereinafter, respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence the actions of any person connected with the Bidding
Process (for avoidance of doubt, offering of employment to or employing or engaging in any
manner whatsoever, directly or indirectly, any official of the Bank who is or has been
associated in any manner, directly or indirectly with the Bidding Process or the Letter of
Authority or has dealt with matters concerning the Concession Agreement or arising there
from, before or after the execution thereof, at any time prior to the expiry of one year from
the date such official resigns or retires from or otherwise ceases to be in the service of the
Bank, shall be deemed to constitute influencing the actions of a person connected with the
Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding
Process or after the issue of the Letter of Authority or after the execution of the Agreement,
as the case may be, any person in respect of any matter relating to the Project or the Letter
of Authority or the Agreement, who at any time has been or is a legal, financial or technical
adviser of the Bank in relation to any matter concerning the Project;
(b) “Fraudulent practice” means a misrepresentation or omission of facts or suppression of
facts or disclosure of incomplete facts, in order to influence the Bidding Process ;
(c) “Coercive practice” means impairing or harming or threatening to impair or harm, directly
or indirectly, any person or property to influence any person’s participation or action in the
Bidding Process;
(d) “Undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by the Bank with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of
Interest; and
(e) “Restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full and fair
competition in the Bidding Process.
22.
Cancellation of Contract
The Bank shall have the right to cancel the contract with the selected bidder at any time during the
contract period, by giving a written notice of at least 90 days, for any valid reason, including but not
limited to the following reasons:
i) Laxity in following security standards laid down by the Bank
ii) Excessive delay in execution of orders placed by the Bank
iii) Discrepancies / deviations in the agreed processes and/or products
iv) Violation of terms & conditions stipulated in this RFP
23. Delays in the Vendor’s performance in successful implementation of the project
Delivery of the solution and performance of the services shall be made by the Vendor in
accordance with the time schedule, technical specification, scope of the project and other
terms & conditions as specified in the RFP/SLA/Contract. Any delay in performing the
obligation /defect in performance by the supplier may result in imposition of liquidated
damages, invocation of Performance Bank Guarantee and/or termination of contract.
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Date: 13 /01/2016
24. Liquidated Damages:
If vendor fails to perform services within stipulated time schedule or any loss is suffered by
the Bank due to Acts attributable to the Service Provider, the Bank shall, without prejudice
to its other remedies under the contract, deduct from the contract price, as liquidated
damages, a sum equivalent to 1% of the total project cost for delay of each week or part
thereof maximum upto 10% of contract price. Once the maximum is reached, SBI may
consider termination of Contract pursuant to the conditions of contract.
25. Termination for Default
25.1 SBI may, without prejudice to any other remedy for breach of contract, with a curative
period of 30 days, by written notice of default sent to the Vendor, terminate the contract in
whole or part: if the Vendor fails to deliver any or all of the systems within the period(s)
specified in the Contract, or within any extension thereof granted by the Bank pursuant to
conditions of contract or if the Vendor fails to perform any other obligation(s) under the
Contract.
25.2 In the event SBI terminates the Contract in whole or in part, SBI may procure, upon
such terms and in such manner, as it deems appropriate, systems or services similar to
those undelivered and the Vendor shall be liable to Bank for any excess costs for such
similar systems or services. However, the vendor shall continue the performance of the
contract to the extent not terminated.
25.3. If the contract is terminated under any termination clause mentioned in this RFP, the
vendor should handover all documents/ source code/ executables/ Bank’s data or any other
relevant information to the Bank in timely manner and in proper format as per scope of this
RFP and should also support the orderly transition another vendor or to the Bank.
25.4 The vendor should also support the Bank on technical queries/support on process
implementation or in case of software provision for future upgrades.
25.5. The Bank’s right to terminate a contract will be in addition to the penalties mentioned
in the RFP/ SLA/ Contract.
26. Penalty:
Delay in performance of the obligations by the Vendor / Bidder
The Vendor / Bidder must strictly adhere to the schedule, specified in this RFP and ensure
performance of the obligations arising out of the award of contract. Any delay will entitle
State Bank of India to impose under-noted penalties on the finally selected bidder in
addition to any other action deemed appropriate by the Bank:
A. For Delay in implementation of the projects:
For any delay in commissioning of services beyond 6 weeks after the date of award of
contract, a penalty @ Rs. 5000/-(Rs. Five thousand) per day (from the 1 st day of 7th
week onwards) will be charged. SBG reserves the right to cancel the contract in case
of delay beyond 8 weeks after the date of award of contract by the SBG.
B. For Delay in Printing and dispatch:
i. For delay in Printing and dispatch of PIN Mailers:
For delay in printing and dispatch of PIN mailers, penalty will be charged by the Bank
on the following lines:
(a) The Vendor shall submit to the Bank a statement as per format shown in the first
two rows of the table below.
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Date: 13 /01/2016
(b) For delay in printing and dispatch, penalty shall be charged at the rate mentioned
in row 3 in the table below.
Date
No. of
PIN
Mailers
Receiv
ed for
Penalty
per PIN
Mailer
No. of PIN Mailer printed and dispatched
Same Day 2nd Day
3rd
4th
5th
Beyo
Day Day
Day
nd 5th
Day
Nil
Nil
Nil
Rs. 1
Rs. 2
Rs. 5
ii. For delay in Printing and Dispatch of PPKs:
For delay in printing and dispatch of PPKs, penalty will be charged by the Bank on the
following lines:
Orders
Date
No.
of
No. of PPK printed and dispatched
Placed
PPKs
Up to 5 days 6th
7th
Beyond
During
Receive after date of Day Day
8th Day
a
Day
d
for receipt of data
(No. of
Printing for printing
PPKs)
Up to 1 Penalty
lakh
per
PPK
> 1 lakh Penalty
up to 2 per
lakh
PPK
> 2 lakh Penalty
up to 5 per
lakh
PPK
5
> 5 lakh
Penalty
per
PPK
Nil
Rs. 1 Rs. 2
Rs. 5
Up to 10 days 11th
12th
after date of Day Day
receipt of data
for printing
Nil
Rs. 1 Rs. 2
Beyond
13th Day
Up to 15 days 16th
after date of Day
receipt of data
for printing
1
17th
Day
Beyond
18th Day
2
5
Up to 20 days 21st 22nd
after date of Day Day
receipt of data
for printing
Nil
Rs. 1 Rs. 2
Rs. 5
Beyond
22nd Day
Rs. 5
Page 20 of 69
Date: 13 /01/2016
i.
ii.
For any discrepancy in printing and dispatch of PIN mailers and PPKs (e.g.,
misprinted, or missing/short/damaged kits/packets/boxes of PIN Mailers and/or
PPKs), the penalty will be charged at the rate Rs.1/- per piece of PIN mailers and/or
PPKs.
For any shortcoming observed during inspection/audits (as referred to in para
25 of this RFP): The observations/irregularities pointed during inspections/audit(s)
will be shared with the bidders/vendor and they will have to be rectified/regularized
under confirmation to the Bank within a reasonable period, viz., maximum within 30
days of receipt of intimation. A penalty will be charged at the rate of Rs.5000/- for
each major irregularity and Rs.2500/- for each minor irregularity of the audit reports,
for each week of non-compliance after 30 days of receipt of intimation.
E) The penalty so calculated will either be adjusted with the payments or will be
separately realized from the bidder.
27. Force Majeure
Any failure or delay by bidder or Bank in performance of its obligation, to the extent due to
any failure or delay caused by fire, flood, earthquake or similar elements of nature, or acts
of God, war, terrorism, riots, civil disorders F, rebellions or revolutions, acts of government
authorities or other events beyond the reasonable control of non-performing Party, is not a
default or a ground for termination.
If Force Majeure situation arises the Vendor shall promptly notify Bank in writing of such
conditions and the cause thereof. Unless otherwise agreed by SBI in writing, the Vendor
shall continue to perform its obligations under the contract as far as is reasonably practical,
and shall seek all reasonable alternative means for performance not prevented by the
Force Majeure event.
28.Termination for Insolvency
SBI may at any time terminate the Contract by giving written notice to the Vendor, if the
vendor becomes bankrupt or otherwise insolvent. In this event termination will be without
compensation to the Vendor, provided that such termination will not prejudice or affect any
right of action or remedy, which has occurred or will accrue thereafter to SBI.
28. Governing Law and Disputes (Applicable in case of successful bidder only)
All disputes or differences whatsoever arising between the parties out of or in connection
with this contract or in discharge of any obligation arising out of the Contract (whether
during the progress of work or after completion of such work and whether before or after
the termination of this contract, abandonment or breach of this contract), shall be settled
amicably. If however, the parties are not able to solve them amicably, either party (SBI or
Vendor), give written notice to other party clearly setting out there in specific dispute(s)
and/or difference(s) and shall be referred to a sole arbitrator mutually agreed upon, and the
award made in pursuance thereof shall be binding on the parties.In the absence of
consensus about the single arbitrator, the dispute may be referred to joint arbitrator; one to
be nominated by each party and the said arbitrators shall nominate a presiding arbitrator,
before commencing the arbitration proceedings. The arbitration shall be settled in
accordance with the applicable Indian Laws. Any appeal will be subject to the exclusive
jurisdiction of courts at Mumbai/Navi Mumbai. The Arbitrators shall state reasons in support
of the Award which shall be final & binding subject to the provisions of the aforesaid Act.
Language of the arbitration proceedings and that of all documents and communications
between the parties shall be in English.
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Date: 13 /01/2016
The Vendor shall continue work under the Contract during the arbitration proceedings
unless otherwise directed by the Bank or unless the matter is such that the work cannot
possibly be continued until the decision of the arbitrator is obtained.
Arbitration proceeding shall be held at Mumbai/Navi Mumbai in India, and the language of
the arbitration proceedings and that of all documents and communications between the
parties shall be in English.
29. Governing language
The contract and all correspondence/ communications and other documents pertaining to
the Contract, shall be written in English.
30. Governing Law
The contract shall be interpreted in accordance with the laws of the Government of India.
31. Notices
Any notice given by one party to the other pursuant to this contract shall be sent to other
party in writing or by Fax and confirmed in writing to other Party’s address. For the purpose
of all notices, the following shall be the current address:
For Bank:
Dy. General Manager (Internet Banking),
Internet Banking Department,
State Bank Global IT Centre,
‘D’ Wing, Third Floor,
CBD Belapur, Navi Mumbai-400614.
<Telephone>(022)27566230
<Email:> a
For Vendor:
<Address>
<Fax>
<Telephone>
<Email:>
The notice shall be effective when delivered or on the notice’s effective date whichever is
later.
32. Taxes and Duties
The Vendor will be entirely responsible for all applicable taxes like Central / State
Government levies, excise duty, cess, charges, license fees, road permits, NMMC cess
etc. in connection with delivery of products at site including incidental services and
commissioning. Payment of Octroi / Entry Tax /VAT / Service Tax alone, if applicable,
will be reimbursed on actual basis upon production of original receipts.
33. Vendor’s Obligation
a.
The vendor is obliged to work closely with SBI’s staff, act within its own authority and
abide by directives issued by SBI from time to time.
b.
The Vendor is responsible for managing the activities of its personnel and will hold
itself responsible for any misdemeanours on the part of its personnel.
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Date: 13 /01/2016
c.
The Vendor will treat as confidential all data and information about SBI, obtained in the
process of executing its responsibilities, in strict confidence and will not reveal such information
to any other party without prior written approval of SBI as explained under ‘ Non Disclosure
Agreement’ in Annexure E of this document.
34. System Integration Testing & User Acceptance Testing
35.1 The Vendor should integrate the firmware/software with the existing Bank’s systems as
per requirement of the Bank and carry out thorough system integration testing.
35.2 System integration testing will be followed by user acceptance testing, plan for which
has to be submitted by the Vendor to the Bank. The UAT may include Functional tests,
Resilience tests, Benchmark Comparisons, Operational tests, Load tests, security tests,
etc. SBI staff/ third Party Vendor designated by the Bank will carry out the functional testing.
This staff/ third party vendor will need necessary on-site training for the purpose and should
be provided by the Vendor. Vendor should carry out other testing like
resiliency/benchmarking/load etc. Vendor should submit result log for all testing to the Bank.
34.3 On satisfactory completion of the aforementioned tests, the User Acceptance Test
(UAT) letter will be issued to the vendor by the competent authority.
35. Training
Vendor shall train designated SBI officials on the configuration, operation/functionalities,
maintenance, support & administration relating to proposed services if required.
36. Technical Documentation
37.1 Following documents should be delivered by the Vendor to the Bank for every
firmware/software including third party software before software/ service become
operational, which includes, user manuals, installation manuals, operation manuals, design
documents, process documents, technical manuals, functional specification, software
requirement specification, on-line tutorials/ CBTs, system configuration documents,
system/database administrative documents, debugging/diagnostics documents, test
procedures etc.
37.2 The vendor should also provide documents related to Review Records/ Test Bug
Reports/ Root Cause Analysis Report, list of all Product components, list of all
dependent/external modules and list of all documents relating to traceability of the Product
as and when applicable.
37.3 The Vendor should also provide the MIS reports as per requirement of the Bank.
37.4 Any level/ version changes and/or clarification or corrections or modifications in the
above mentioned documentation should be supplied by the Vendor to the Bank free of cost
in timely manner. The vendor shall develop customized documentation as per Bank’s
requirement, if desired by the Bank.
37.
Source Code: Not Applicable
38.
Price and taxes :
39.1. The price shall be firm and binding without any escalation whatsoever inclusive of all
taxes/levies and any other charges of whatever nature current or future. The prices should
be in Indian Rupees. No escalation in price on any ground will be permitted even if the
cause of escalation is due to Government guidelines or regulations or rules or act or
administrative fiat by whatever nature called.
39.2. Bidders should ensure that exchange rate fluctuations, changes in import duty/other
taxes should not affect the rupee value of commercial bid over the validity period defined in
this RFP.
39.3 TDS, as applicable will be deducted at the time of payment of invoices.
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Date: 13 /01/2016
39.4 The L1 prices would become effective as follows:
a. For new vendor(s): From the date of implementation.
b. For existing vendor(s) with existing integration: From the date of purchase order.
39.5 In the event of reduction in prices of Printing and dispatch of Personalized and PIN
Mailers and Pre-Printed Kits (PPKs) services in the national market, the Bank reserves
the right to negotiate the price with selected vendor.
40. Completion Period:
40.1 Selected vendor should commence printing and dispatch of PIN Mailers as per the
SBG’s requirement within a period of six weeks from the date of award of contract.
40.2 For printing & dispatch of PIN Mailers, the turnaround time will be 2 working days from
creation / receipt of printable file to delivery to the postal department /courier.
40.3 Non-adherence of above mentioned time schedules will attract penal provisions as
detailed under Penalty provisions at clause no. 26.
41. Assignment:
The Bidder shall not assign their rights and obligations under the terms of this purchase
contract to any party/ other person without the written consent of the Bank.
42. Tenure of Contract:
Subject to the compliance to the stipulations/ conditions mentioned in the RFP and
purchase order, the purchase contract shall be valid up to two years from the date of
signing the purchase order/commencement of services by the vendor(s).
43. Terms of Payment [subject to sub-clause mentioned at Note b of Annexure F#]
 Bills for PIN Mailers/PPKs will be submitted at monthly intervals in arrears. Actual
bills for Speed Post / Courier Service charges duly verified for accuracy &
genuineness will also be furnished at the monthly intervals. Invoices will be paid
within 30 days from the date of their receipt at our end. All bills will be addressed
and submitted to:
The Deputy General Manager (IT- INB)
Internet Banking Dept.,
State Bank Global IT Centre,
3rd floor, ‘D’ wing,
Sector 11, CBD Belapur,
Navi Mumbai – 400 614
44.Services
44.1 All professional services necessary to successfully implement the proposed
‘product/solution/services’ will be part of the RFP. These services include, but are not
limited to, Project Management, Training, Deployment methodologies etc
Page 24 of 69
Date: 13 /01/2016
44.2 The bidder should submit as part of technical Bid an overview of Project Management
approach of the proposed product/services.
44.3 Bidder should ensure that vendor’s key personnel with relevant skill-set are available
to the Bank.
44.4 Bidder should ensure the quality of methodologies for delivering the services and its
adherence to quality standard.
44.5 Bidder should be willing to transfer skills to relevant Banking Personnel by means of
training and documentation.
44.6 Bidder should obtain a written permission from the Bank before applying any of the
patches/ upgrades/ updates. Bidder has to support older versions of the software/
Hardware/ OS/ Middleware etc in case the Bank chooses not to upgrade to latest version.
44.7 Bidder should provide legally valid solution.
44.8 The Bidder should keep the Bank explicitly informed the end of support dates on
related services and should ensure support during AMC period.
45. Security Guidelines:
The bidder should abide by Bank’s security guidelines related to proposed services in order
to ensure availability and integrity of services on continuous basis.
46. Terms & Conditions:
a) Language of Bid: All bids and supporting documentation shall be submitted in English.
b) SBI reserves the right to accept or reject any or all Bids without assigning any reason thereof
and Bank’s decision in this regard will be treated as final. Bids may be accepted or rejected in total
or any part or items thereof. No contractual whatsoever shall arise from the RFP process unless
and until a formal contract is signed and executed by duly authorized officials of the Bank and the
Bidder. However, until a formal contract is prepared and executed, this offer together with Bank’s
written acceptance & notification of award shall constitute a binding contract with the vendor.
c) Any Bid not containing sufficient information, in view of SBI, to permit a thorough analysis may
be rejected.
d) The Bank shall have the right to reject the bids not submitted in the prescribed format or
incomplete in any manner.
e) State Bank of India is not responsible for non-receipt of bids within the specified date and time
due to any reason including postal delays or holidays.
f) The Bank also reserves the right to alter/ modify any/ some/ all of the requirements, as it may
deem necessary, and notify the same on its website www.sbi.co.in before the last date for
submission of response under this RFP. The Bidders should be agreeable for the same.
g) Bids not conforming to the requirements of the RFP may not be considered by SBI. However,
SBI reserves the right, at any time, to waive any of the requirements of the RFP, if in the sole
discretion of SBI, the best interest of SBI be served by such waiver.
Page 25 of 69
Date: 13 /01/2016
h) Bidders who do not meet the technical criteria stipulated by the Bank will not be considered for
further evaluation.
i) SBI shall have the right to cancel the RFP process at any time prior to award of contract, without
thereby incurring any liabilities to the affected Bidder(s). Reasons for cancellation, as determined by
SBI in its sole discretion include but are not limited to, the following:
(i) Services Contemplated are no longer required
(ii) Scope of work were not adequately or clearly defined due to unforeseen circumstance
and/or factors and/or new developments
(iii) Proposed prices are unacceptable to the Work
(iv) The Project is not in the best interest of SBI
(v) Any other reason
j) Pre-bid meeting, if any, will be held to brief the intending bidders about the requirements of the
Bank and to furnish clarifications on any points / queries received from them. No separate
communication will be sent for this meeting.
k) SBI reserves the right to verify the validity of bid information and to reject any bid where the
contents appear to be incorrect, inaccurate or inappropriate at any time during the process of RFP
or even after award of contract.
l) SBI reserves the right to re-negotiate the prices in the event of changes in the market conditions
and/or technology etc
m) Bank reserves the right to appoint a consultant at any stage during bidding process.
o) During the term of agreement, bidder will not hire or retain, either as an employee or consultant
any employee of Bank. During the contract period, Bank will also not hire or retain, either as an
employee or consultant, any employee of the bidder.
p) All pages of RFP should be stamped and signed by Authorized Signatory of the Bidder.
q) Vendor is not authorized to sale any proprietary and bank-specific customization of software to
any other party for a predefined period of 10 years. After expiry of predefined period, if Vendor
wishes to sale such customization to some other party, a written concurrence/permission from the
Bank should be obtained]
r) Vendor should carry out any change request necessitated by the Bank]
s) Bank may choose to take an undertaking from Vendor employees to maintain the confidentiality
of the Bank’s information/documents etc. Bank may seek details / confirmation on background
verification of Vendor’s employees worked/working on Bank’s project as may have been undertaken
/ executed by the Vendor. Vendor should be agreeable for any such undertaking/verification.
Page 26 of 69
Date: 13 /01/2016
Annexure-A
Bid Covering Letter: To be submitted by the bidder along with Bid documents
To,
Designation
And
Address of Bid Issuing Authority
Sir,
Our Bid for _____________________________
We submit our Bid Document herewith. We understand that
1. You are not bound to accept the lowest or any bid received by you, and you may reject
all or any bid without assigning any reason or giving any explanation whatsoever.
2. Bank may follow close or open bidding process as per requirement of the Bank.
3. If our Bid is accepted, we undertake to enter into and execute at our cost, when called
upon by the purchaser to do so, a contract in the prescribed form.
4. If our Bid is accepted, we are to be jointly and severally responsible for the due
performance of the contract
5 EMD may please be dispatched (in terms of Para-17 below) at the address given below.
6. You may accept or entrust the entire work to one vendor or divide the work to more than
one vendor without assigning any reason or giving any explanation whatsoever
7. Vendor means the bidder who is decided and declared so after examination of
commercial bids.
8. The name(s) of successful bidder to whom the contract is finally awarded after the
completion of commercial bid shall be displayed on the website of the Bank and/or
communicated to successful bidder(s).
9. The Commercial Bidding process will be through an e-procurement reverse auction
process (or manual price negotiation). The online reverse auction will be conducted by the
Bank or a company who have been authorized in this regard by the Bank. The bidders are
required to possess a valid Digital Certificate for participating in the e-procurement process
bid for _____________________________________________.
10. Bidder information is attached in the Annexure A-1.
Yours faithfully,
For:
Signature:
Name:
Address of the company
Seal of the company
Page 27 of 69
Date: 13 /01/2016
Annexure-A1
BIDDER INFORMATION
Please provide information in the following format for the Bidder and all sub-contractors and
other agencies employed / proposed to be employed for printing of PIN Mailers and PPKs,
and collaterals (basically pre-printed collaterals for insertions in PPK envelope at no
additional cost for insert), and incidental services.
Sl.
No.
1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
2
2.1
2.2
2.3
2.4
3
3.1
3.2
4
4.1
4.2
5
5.1
5.2
Item
Details
General
Company’s name
Nature of activity
Holding company or parent company (if
any)
Company address
Telephone and fax numbers
Details of ownership
Years in business
Key person (s) with contact details
Financial
Annual Turnover 2013-14
Annual Turnover 2014-15
Net Profit 2013-14
Net Profit 2014-15
Certifications (If any)
With any government/ its agencies
Any other agencies
Staff
Total number of employees
Break-up of employees
- Sales
- Administrative
- Technical
- Implementation staff
- Labour used on contract basis( if
any)
Others
Names of banks, other companies for
which similar work has been undertaken
Any special qualifications
Page 28 of 69
Date: 13 /01/2016
Annexure B
Bidder’s Eligibility Criteria
S.
No.
Eligibility Criteria
1
The bidder must be an
Indian
firm/
company
registered under Companies
Act.
2.
The bidder must have an
average
turnover
of
minimum
Rs.10
Crore
during
financial year(s)
2012-13, 2013-14 and 201415
3.
The bidder should be
profitable organization for at
least two out of last three
financial years 2012-13,
2013-14 and 2014-15
The bidder should have
minimum 3 years’ experience
and expertise in these
activities in India
Client
references/PPKs
related
projects
implemented in BFSI sector
and contact details (email/
landline/
mobile)
of
customers for whom the
Bidder has executed similar
projects during the past
three years.
(Start and End Date of the
Project to be mentioned) in
the past (At least 2 client
references are required)
Deployment Methodologies
(Improper or insufficient
methodologies could result
in disqualification at the sole
4.
5.
6.
Complianc Documents to be submitted
e (Yes/ No)
Copy of the Certificate of
Incorporation
issued
by
Registrar of Companies and
full address of the registered
office
Copy of the audited financials
and/or Certificate of the
Charted
Accountant
for
preceding three years if
audited financials is not
available for FY 2014-15, a
provisional P&L Account duly
certified by the Chartered
Accountant
of
the
Firm/Company
may
be
furnished.
Copy of the audited financials
and/or Certificate of the
Charted Accountant
Copy of the order and / or
Certificate of completion of the
work. The bidder should also
furnish user acceptance report.
Names/
Address
of
organizations (at least 3
Public/Private
Sector
Banks/Financial
Institutions)
where PPKs services has been
implemented with total volume
of PPKs handled during the
past 3 years as per the format
appended at the end of this
table.
Documents on deployment
framework, tools, templates &
utilities to be provided.
Page 29 of 69
Date: 13 /01/2016
discretion of the Bank)
7.
8.
9
10.
11.
12
Past/
resent
litigations,
disputes, if any (Adverse
litigations could result in
disqualification, at the sole
discretion of the Bank)
Bidders should not have
been
blacklisted
for
deficiency in service by
Public Sector Bank during
the last 3 years.
Length of existence of the
bidder would be minimum 5
years
The bidder should have
support setup with 2 hours
of response time in Mumbai
and
level
3
(highest)
escalation locally in India.
The bidder should agree
with clauses of agreement
as mentioned in Annexure
K, should they become L1 in
the reverse auction to
execute a contract with the
Bank.
The bidder should have installed
capacity in India for printing:
i. One lakh PIN mailers in a
month which should be
scalable up to 5 lakh PIN
mailers
ii. Seven lakh PPKs in a
month which should be
scalable up to 15 lakh PPKs.
Brief details of litigations,
disputes, if any are to be given
on Company’s letter head.
Bidder
should
specifically
confirm on their letter head in
this regard.
Length of existence of bidder
should be mentioned.
Bidder
should
specifically
confirm on their letter head in
this regard.
Bidder
should
specifically
confirm on their letter head in
this regard.
The bidder will have to
demonstrate the existing
capacity to the satisfaction of
the SBG.
OR
Should be able, to the
satisfaction of SBG, to
increase
the
installed
capacity within 6 weeks of the
receipt of order from the
Bank.
Page 30 of 69
Date: 13 /01/2016
The bidder should have
business redundancy and
business continuity plans.
13
Documentary evidence must be furnished against each of the above criteria along with an
index. All documents must be signed by the authorized signatory of the bidder. Relevant
portions, in the documents submitted in pursuance of eligibility criteria, should be
highlighted.
Annexure-C
A) TECHNICAL INFORMATION
1
Address(es) of Processing/Printing Site(s)
2 A Facilities for Processing / Printing
B Present installed capacity of PIN Mailers
C Present installed capacity of PPKs
D
Details of Make & Year of related Machines
with capacity
3
4
Capacity
Utilization
PIN Mailers
PPKs
PIN Mailers
PPKs
5
Experience in the
line of activity
Supporting
documents, if any
Rejection percentage
6
Lay out of the Plant and process flow
7
Inventory control and management
8
Security controls
9
Redundancy and business continuity plan
Document to be attached
10
Evidence of external certification
Copies to be attached
11
System Architecture
To be attached
To be attached
Page 31 of 69
Date: 13 /01/2016
12
Internal Audit System
13
Pre and post quality control checks
14
Details of printing hardware
15
CCTV details
16
Outsourcing arrangement, if any
B) Scope of work, Technical, Regulatory and Other Requirements of Printing and
dispatch of Personalised PIN Mailers & Pre Printed Kits (PPKs)
Requirement: End-to-end solution involving under noted activities of printing and dispatch
of Partially Printed Internet Banking PIN mailers:
i) Procuring/printing Internet Banking PIN mailers as per specifications and quality
mentioned below in scope of work.
ii) Procuring/printing envelopes as per specifications and quality mentioned below in scope
of work for dispatch of PIN mailers.
iii) Printing the matter as contained in Annexure-V (without using the ribbon in the printer) of
particulars and personalized PINs (alpha-numeric) at specified spaces on stationery with
pre-printed matter (matter to be supplied by the Bank). The file (soft copy) containing PINs
will be supplied by Internet Banking Back-office.
iv) Putting each PIN Mailer in a window envelope.
v) Arranging dispatch of PIN Mailers through Speed Post to individual domestic customers
and through DHL / TNT courier to the international customers as per printed address. The
arrangement for dispatches will have to be made with Speed Post/DHL/TNT to collect the
PIN mailers from bidder‟s Office.
vi) Providing MIS and resolution of queries relating to status of printing and dispatches of
PIN mailers.
Scope of work:
A) Stationery for PIN mailers consists of three parts as per the specimen enclosed.
1st and 2nd page with carbon coating
Size
24 cm X 9.5 cm
Page-1 Paper
Thickness 60 GSM
Page 32 of 69
Date: 13 /01/2016
Printing
In two colours i.e. Blue and Black
Carbon
coating
On the reverse side as per specimen enclosed
Page-2 Paper
3rd
page
White paper of thickness of 60 GSM (with carbon
coating)
Printing
In two colours i.e. Blue and Black (Different print matter)
Gumming
4 sides
Perforation
Three sides
Carbon
coating
On the reverse side as per specimen enclosed
Paper
80 GSM
Printing
Both (Front and back) side one colour
Perforation
Three sides
Gumming
4 sides
The requirement of PIN mailers and PPKs may go up/down depending upon the actual utilization of
PPKs at the operating level. SBG does not guarantee any minimum quantity for procurement.
Average requirement per annum is expected to be as follows:
 PIN mailers: 15 lakh
 PPKs 80 lakh.
B) Window Envelopes: Size: 25cm x 10.5 cm (specimen copy can be obtained from this
office by post or in person, for the purpose of dimension and format)
Paper
Thickness 80 GSM
Printing
In single colour (Blue colour)
Window size
9.5 cm x 4.5 cm
Page 33 of 69
Date: 13 /01/2016
Window cover
Transparent paper
On top of the envelope, following bilingual instructions (English & Hindi) will be printed in
bold letters:
“Important: If you feel that this packet has been tampered with prior to receipt,
please do not accept it.”
The Bank reserves the right to make changes in the stationery/design/quality at its sole
discretion. The Bank may also decide to use different types of stationery for PIN Mailers.
(specimen copy can be obtained from this office by post or in person, for the purpose of
dimension and format).
B) Printing:
i. Printing of PPKs should be done using line matrix technology and printers used
should be of reputed make such as Printronix.
ii. Printing of instructions as per the matter as contained in Annexure-VI on the PIN
mailers.
iii. Printing of Username and Password on PIN mailer stationery. However, the design
of this PIN mailer will be different.
iv.
Special dynamic printing (without ribbon in the printer) of particulars
(Kit/Packet No., etc) and an alpha-numeric PIN at the specified places on the
first sheet.
v.
While the first sheet of the PIN Mailer remains blank as no ribbon is to be
used in printer, carbon impressions appear on the 2 nd and 3rd sheets at
appropriate places.
vi.
Static matter along with the concerned bank’s logo to be printed on first two
sheets.
vii.
Printing of bank’s name and logo on the front side of window envelopes in
four colours.
C) Packing:
i.
Gumming at all open ends after folding each sheet at two places along the
length, so as to hide the contents on the front side until torn open along the
perforations.
ii.
Gummed sheets to be put into window envelopes and sealing of envelopes.
Identification marks on the back side of the sheet should be clearly visible
through the window. This is the PPK.
iii.
Packing of 100 PPKs in a packet. A label containing kit packet No. to be
affixed on the boxes signifying contents of the box. Each packet to bear
unique packet number. Ten such packets are to be ‘securely packed’ with
good packing material in a carton so that cartons reach its destination in
‘intact’ condition.
B. Dispatch:
Cartons of PPKs are to be dispatched to Local Head Offices/Head
Offices/other offices (as specified in each order for printing) of SBG through
Speed Post (Department of Post) or Road transport. Charges for Speed Post
and/or Road transport will be borne by the concerned bank in SBG.
C. Record Retention/MIS/Queries:
Page 34 of 69
Date: 13 /01/2016
i.
ii.
iii.
iv.
No data related to printing is to be stored and should be deleted immediately
after printing.
Record relating to dispatch has to be retained for ten years.
MIS pertaining to dispatch and printing status as per SBG’s requirement is to
be provided from time to time.
Query resolution to branches/Local Head Offices/Corporate Centre through
email. Queries will normally be for status of dispatch and delivery of PPKs and
numbers of such queries are expected to be limited.
Other Information:
A. Connectivity/Record retention/MIS/Queries:
a. Finally selected bidder for PPK printing will be required to connect to the Internet
banking back-end system through a secured mode to access the printable file.
b. The mode of connectivity should be Leased Line/ Broad Band with static IP.
c. Record Retention/ MIS / Queries:
i)
No data related to printing is to be stored and should be deleted
immediately after printing.
ii)
Record relating to dispatches has to be retained for ten years.
iii)
MIS pertaining to dispatch and printing status as per SBG’s
requirement is to be provided from time to time.
iv)
Query resolution to branches/Local Head Offices/Corporate
Centre through email. Queries will normally be for status of
dispatch and delivery of PIN mailers and PPKs, and number of
queries are expected to be limited.
C)Technical Evaluation Criteria and Format
For a bidder to qualify technically, he will need to demonstrate to a Committee set up by the
Bank for this purpose, the eligibility criteria as mentioned in para 2 of Annexure II and his
ability to meet at least 24 out of the 33 requirements given below in a facility owned and
operated by the bidder, which has been in existence for at least 12 months as on
01.08.2012. For verification of the claims made by the bidder, the Committee may visit this
facility of the vendor in India and shall examine all evidences that the bidder can produce in
support of his claim and/or interact with the customer(s) to whom the bidder is providing this
service. The Committee’s decision shall be final and binding upon the bidder and by
participating in the bid process, the bidder shall be deemed to have consented to this
arrangement.
Notwithstanding the fact that the bidder would be required to demonstrate compliance with
a minimum of only 24 out of the 33 requirements listed below, the successful bidder will
have to comply with all the 33 requirements within 30 days of the award of the contract to
him, and order for printing shall be placed only after satisfactory compliance with all the
conditions listed below.
The Bank reserves the right to add and /or delete, or modify, any of the conditions during
the currency for the contract.
Page 35 of 69
Date: 13 /01/2016
Requirement
How does the Bidder
Propose to Meet the
Requirement
i.
The vendor will not set up customer care
facility for SBG customers at their end. Their
employees will not share any information relating to
work with outside world. In this regard, a nondisclosure agreement as mentioned in para 20 (v)
has to be signed on Bank’s format.
ii.
Mobile number of the addressee (customer)
will not be printed together with his address.
However, landline number may have to be printed, if
required by the Bank.
iii.
Dedicated IT setup isolated from other
systems will have to be established for Bank’s work
alone at the vendor’s location and the same would be
held under the administrative control of the Bank to
the extent possible. Settings as per Bank’s Secured
Configuration Documents should be implemented by
the vendor in their set up dedicated to the Bank.
iv.
Printing process of PIN Mailers/PPKs will be
established as Straight Through Processing with no
or minimal manual intervention at bidder/vendor end.
v.
Communication at all layers would be in
encrypted form and the encryption key would be
owned by the Bank.
vi.
Bidder/Vendor must allow conducting audits
(including process, vulnerability assessment, external
penetration testing, etc.) by the Bank or Bank
appointed third party. The observations in the audits
should be complied with to the satisfaction of the
Bank. During the audit, the vendor should allow the
Bank to audit their policies, processes, backup and
recovery mechanism, hardware, software, physical
and environmental controls, etc.
vii.
Segregation of duties must be ensured at the
vendor end, e.g., system and network administrators,
printing and dispatch, etc. should be different
personnel etc.
viii.
Various measures as outlined in Bank’s IS
Security Policy applicable to third party and
outsourcing will have to be ensured by the vendor.
ix.
PIN would be generated and printed “on-thego” on the basis of a block/key derived from
parameters etc. through algorithm so that only the
block/key will be stored at vendor-end and
transferred to the Bank.
Page 36 of 69
Date: 13 /01/2016
Requirement
How does the Bidder
Propose to Meet the
Requirement
x.
The PIN generation process must ensure that
there is no duplication i.e the same file cannot be
printed multiple times unless authorized by
designated system officials. There should be
automated system or application based interface by
which the PIN printing jobs can be controlled which
restricts printing more than one time.
xi.
All the critical PIN generation as well as
printing activities must be logged by the application
so that they can be made available on any later date
for audit / review.
xii.
The sensitive systems involved in PIN printing
operations must be isolated from the internet by
implementing proper network and system level
access control. There should be automated system
or application based interface by which the PIN
printing jobs can be controlled without downloading
any of the critical files involved in this operation to
local desktop.
xiii.
The critical activities like PIN printing, PIN
dispatch and PIN destruction should be segregated
between the various staff.
xiv.
Reconciliation should be done for number of
PIN mailers/PPKs dispatched, PIN mailer/PPKs
undelivered and destroyed.
xv.
Physical frisking should be done for internal
users / visitors while entering sensitive PIN printing
area.
xvi.
Visitor register should be maintained.
xvii. Writing material e.g. Pen and paper should not
be allowed inside the printing area. Telephone
line/mobile phone/camera should not be allowed
inside the printing area.
Page 37 of 69
Date: 13 /01/2016
xviii. Special type of apron should be given to
employees and visitor while entering PIN printing
areas so that no one can take out PIN mailers/PPKs.
xix.
The process for PIN mailer/PPKs printing,
dispatch and destruction should be defined,
documented and effectively communicated to the
parties involved in PIN Mailer/PPK printing, dispatch
and distribution.
xx.
SLA (Service level agreement) should be
made with suppliers, if any, involved for
manufacturing of PIN mailer blanks and envelopes.
SLA should include the service clauses, penalty
clauses and acceptable service levels.
xxi.
Access to printing area should be guarded by
the guard and automated access control system
should be in place. Logs of access to the printing
area should be regularly monitored.
xxii. The surveillance cameras should be installed
in the printing area. The back-up should be
maintained for future reference.
xxiii. Hardening of (restricted exclusively to the PIN
Mailer/PPKs printing related activities of SBG)
Servers, Desktops and other devices used for the
facility as per the “Secure Configuration Document”,
in term of SBG’s IT Security policy. The Secure
Configuration Document will be shared with the finally
selected Bidder.
xxiv. Data related to PIN Mailers/PPKs should
always remain encrypted during storage (if permitted
and required) and transmission.
xxv. Keys for encryption should be securely kept
and procedures outlined in Bank’s encryption policy
should be followed. Bank’s encryption policy will be
shared only with the finally selected Bidder.
xxvi. Strict physical segregation and control for
movement of portable disks like floppies, CDs, flash
drive, etc. inside the area identified for PIN
Mailer/PPKs printing.
xxvii. Secure storage of back up media (for the
activity logs).
xxviii. Physical access restriction to ensure that
persons connected with the work are only allowed
access to the printing, dispatches, as applicable.
xxix. Background check for the personnel engaged
in the activities as per our personnel security policy.
xxx. Non-disclosure (of any business, technology
related information) agreement, indemnity from the
bidder.
Page 38 of 69
Date: 13 /01/2016
xxxi. Employee undertaking should be obtained to
treat the information confidential and abide by Bank’s
extant IT Policy and IS security policy.
xxxii. The finally selected Bidder will be responsible
for the safety, security and confidentiality of data.
xxxiii. Adequate fire security arrangement as per
extant safety norms should be in place.
Reference of Customer to Whom the Bidder is providing Service Currently
(By providing the information below, the bidder authorizes the Bank to contact the customer
named below for verification of the claims made by the bidder in the table above.)
References Sites Details:
Name of the Public/ Private Sector Banks where similar system is implemented by the bidder.
(Separate sheets may be enclosed for different client(s))
Copy of related purchase order to be enclosed.
Name of Implementation/Client
Details of successful installation of systems:
Bank’s Contact details:
Name
Designation
Mobile number
Email
PPKs services are being provided since
____ years.
Volume of PPKs per day
Volume of PPKs during the last 3 Financial
Years
2012-13
2013-14
2014-15
Time taken for implementation
Whether SBI can contact reference site to
seek further information/ user experience.
Signature
Seal of Company
(Signature and seal of company to be put on both pages of Annexure B )
Page 39 of 69
Date: 13 /01/2016
ANNEXURE –D
BID FORM
(to be included in Technical Bid Envelope)
Date:________________
To:
Dy. General Manager (INB & CMP),
Internet Banking & CMP Department,
State Bank Global IT Centre,
CBD Belapur, Navi Mumbai-400614.
Dear Sir,
Ref: RFP No. ……………………………. DATED dd/mm/yyyy
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
We have examined the RFP, the receipt of which is hereby duly acknowledged and
subsequent pre-bid clarifications/ modifications / revisions, if any, furnished by the Bank and
we offer Services of Printing, Dispatch of Personalised PIN Mailers & Pre-Printed Kits
(PPKs) as per scope of work detailed in the Annexure C of RFP. We shall participate and
submit the commercial bid through online auction to be conducted by the Bank’s authorized
service provider, on the date advised to us.
2. While submitting this bid, we certify that:

The undersigned is authorized to sign on behalf of the VENDOR and the necessary
support document delegating this authority is enclosed to this letter.

We declare that we are not in contravention of conflict of interest obligation
mentioned in this RFP.

Indicative prices submitted by us have been arrived at without agreement with any
other Bidder of this RFP for the purpose of restricting competition.

The indicative prices submitted by us have not been disclosed and will not be
disclosed to any other Bidder responding to this RFP.

We have not induced or attempted to induce any other Bidder to submit or not to
submit a bid for restricting competition.

The rate quoted in the indicative price bids for the MCU are as per the RFP and
subsequent pre-bid clarifications/ modifications/ revisions furnished by the Bank,
without any exception.
3. If our offer is accepted, we undertake to complete the formalities for supply, installation,
testing and commissioning of the equipment within a period of 6 weeks from date of
Purchase Order.
4. We agree to abide by the Bid and the rates quoted therein for the orders awarded by the Bank
up to the period prescribed in the Bid, which shall remain binding upon us.
Page 40 of 69
Date: 13 /01/2016
5. Until a formal contract is prepared and executed, this Bid, together with your written
acceptance thereof and your notification of award, shall constitute a binding Contract
between us.
6. We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act 1988”.
7. We certify that we have not made any changes from the contents of the RFP/EOI
document read with its amendments/clarifications provided by the Bank submitted by
us in our Bid document. It is further certified that the contents of our bid are factually
correct. We also accept that in the event of any information / data / particulars proving
to be incorrect, the Bank will have the right to disqualify us from the bid.
8. We understand that you are not bound to accept the lowest or any Bid you may receive.
9. The vendor herby undertakes that its name does not appear in any “Caution” list of RBI /
IBA or any other regulatory body for outsourcing activity.
Dated this ....... day of ............................ 201
______________________________________________________________
(Signature)
(Name)
(In the capacity of)
Duly authorised to sign Bid for and on behalf of
_____________________________________
ANNEXURE –D
NON-DISCLOSURE AGREEMENT
THIS RECIPROCAL NON-DISCLOSURE AGREEMENT (the “Agreement”) is made at Mumbai
between:
__________________________________ constituted under the _________ Act, ______ having its
Corporate Centre at ___________________________ __________________________________
(hereinafter referred to as “Bank” which expression includes its successors and assigns) of the ONE
PART;
And
____________________________________ (hereinafter referred to as “_________” which
expression shall unless repugnant to the subject or context thereof, shall mean and include its
successors and permitted assigns) of the OTHER PART;
And Whereas
1. _________________________________________ is carrying on business of providing
_________________________________, has agreed to __________________________ for the
Bank and other related tasks.
2. For purposes of advancing their business relationship, the parties would need to disclose certain
valuable confidential information to each other. Therefore, in consideration of covenants and
Page 41 of 69
Date: 13 /01/2016
agreements contained herein for the mutual disclosure of confidential information to each other, and
intending to be legally bound, the parties agree to terms and conditions as set out hereunder.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS UNDER
1.
Confidential Information and Confidential Materials :
(a) “Confidential Information” means non-public information that Disclosing Party designates as
being confidential or which, under the circumstances surrounding disclosure ought to be treated as
confidential. “Confidential Information” includes, without limitation, information relating to installed or
purchased Disclosing Party software or hardware products, the information relating to general
architecture of Disclosing Party’s network, information relating to nature and content of data stored
within network or in any other storage media, Disclosing Party’s business policies, practices,
methodology, policy design delivery, and information received from others that Disclosing Party is
obligated to treat as confidential. Confidential Information disclosed to Receiving Party by any
Disclosing Party Subsidiary and/ or agents is covered by this agreement
(b) Confidential Information shall not include any information that: (i) is or subsequently becomes
publicly available without Receiving Party’s breach of any obligation owed to Disclosing party; (ii)
becomes known to Receiving Party prior to Disclosing Party’s disclosure of such information to
Receiving Party; (iii) became known to Receiving Party from a source other than Disclosing Party
other than by the breach of an obligation of confidentiality owed to Disclosing Party; or (iv) is
independently developed by Receiving Party.
(c) “Confidential Materials” shall mean all tangible materials containing Confidential Information,
including without limitation written or printed documents and computer disks or tapes, whether
machine or user readable.
2.
Restrictions
(a) Each party shall treat as confidential the Contract and any and all information (“confidential
information”) obtained from the other pursuant to the Contract and shall not divulge such information
to any person (except to such party’s own employees and other persons and then only to those
employees and persons who need to know the same) without the other party’s written consent
provided that this clause shall not extend to information which was rightfully in the possession of
such party prior to the commencement of the negotiations leading to the Contract, which is already
public knowledge or becomes so at a future date (otherwise than as a result of a breach of this
clause). Receiving Party will have executed or shall execute appropriate written agreements with its
employees and consultants specifically assigned and/or otherwise, sufficient to enable it to comply
with all the provisions of this Agreement. If the Contractorshall appoint any Sub-Contractor then the
Contractor may disclose confidential information to such Sub-Contractor subject to such Sub
Contractor giving the Customer an undertaking in similar terms to the provisions of this clause.
(b) Receiving Party may disclose Confidential Information in accordance with judicial or other
governmental order to the intended recipients (as detailed in this clause), provided Receiving Party
shall give Disclosing Party reasonable notice prior to such disclosure and shall comply with any
applicable protective order or equivalent. The intended recipients for this purpose are:
(1) the statutory auditors of the Customer and
(2) regulatory authorities regulating the affairs of the Customer and inspectors and
supervisory bodies thereof
Page 42 of 69
Date: 13 /01/2016
(c) The foregoing obligations as to confidentiality shall survive any termination of this Agreement
(d) Unless otherwise mentioned in this agreement, Confidential Information and Confidential
Material may be disclosed, reproduced, summarized or distributed only in pursuance of Receiving
Party’s business relationship with Disclosing Party, and only as otherwise provided hereunder.
Receiving Party agrees to segregate all such Confidential Material from the confidential material of
others in order to prevent mixing.
Receiving Party may not reverse engineer, decompile or disassemble any software
disclosed to Receiving Party.
39.
3.
Rights and Remedies
(a) Receiving Party shall notify Disclosing Party immediately upon discovery of any unauthorized
used or disclosure of Confidential Information and/ or Confidential Materials, or any other breach of
this Agreement by Receiving Party, and will cooperate with Disclosing Party in every reasonable
way to help Disclosing Party regain possession of the Confidential Information and/ or Confidential
Materials and prevent its further unauthorized use.
(b) Receiving Party shall return all originals, copies, reproductions and summaries of Confidential
Information or Confidential Materials at Disclosing Party’s request, or at Disclosing Party’s option,
certify destruction of the same.
(c) Receiving Party acknowledges that monetary damages may not be the only and / or a sufficient
remedy for unauthorized disclosure of Confidential Information and that disclosing party shall be
entitled, without waiving any other rights or remedies (as listed below), to injunctive or equitable
relief as may be deemed proper by a Court of competent jurisdiction.
a. Suspension of access privileges
b. Change of personnel assigned to the job
c. Financial liability for actual, consequential or incidental
damages
d. Termination of contract
(d) Disclosing Party may visit Receiving Party’s premises, with reasonable prior notice and during
normal business hours, to review Receiving Party’s compliance with the term of this Agreement.
4.
Miscellaneous
(a) All Confidential Information and Confidential Materials are and shall remain the property of
Disclosing Party. By disclosing information to Receiving Party, Disclosing Party does not grant any
expressed or implied right to Receiving Party to disclose information under the Disclosing Party
patents, copyrights, trademarks, or trade secret information.
(b) Any software and documentation provided under this Agreement is provided with RESTRICTED
RIGHTS.
(c) Neither party grants to the other party any license, by implication or otherwise, to use the
Confidential Information, other than for the limited purpose of evaluating or advancing a business
relationship between the parties, or any license rights whatsoever in any patent, copyright or other
intellectual property rights pertaining to the Confidential Information.
(d) The terms of Confidentiality under this Agreement shall not be construed to limit either party’s
right to independently develop or acquire product without use of the other party’s Confidential
Page 43 of 69
Date: 13 /01/2016
Information. Further, either party shall be free to use for any purpose the residuals resulting from
access to or work with such Confidential Information, provided that such party shall maintain the
confidentiality of the Confidential Information as provided herein. The residuals” means information
in non-tangible form, which may be retained by person who has had access to the Confidential
Information, including ideas, concepts, know-how or techniques contained therein. Neither party
shall have any obligation to limit or restrict the assignment of such persons or to pay royalties for
any work resulting from the use of residuals. However, the foregoing shall not be deemed to grant to
either party a license under the other party’s copyrights or patents.
(e) This Agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof. It shall not be modified except by a written agreement dated subsequently to the date
of this Agreement and signed by both parties. None of the provisions of this Agreement shall be
deemed to have been waived by any act or acquiescence on the part of Disclosing Party, its agents,
or employees, except by an instrument in writing signed by an authorized officer of Disclosing Party.
No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of
the same provision on another occasion.
(f) In case of any dispute, both the parties agree for neutral third party arbitration. Such arbitrator will
be jointly selected by the two parties and he/she may be an auditor, lawyer, consultant or any other
person of trust. The said proceedings shall be conducted in English language at Mumbai and in
accordance with the provisions of Indian Arbitration and Conciliation Act 1996 or any Amendments
or Re-enactments thereto.
(g) Subject to the limitations set forth in this Agreement, this Agreement will inure to the benefit of
and be binding upon the parties, their successors and assigns.
(h) If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal,
invalid or unenforceable, the remaining provisions shall remain in full force and effect.
(i) All obligations created by this Agreement shall survive change or termination of the parties’
business relationship.
5.
Suggestions and Feedback
(a) Either party from time to time may provide suggestions, comments or other feedback to the other
party with respect to Confidential Information provided originally by the other party (hereinafter
“feedback”). Both party agree that all Feedback is and shall be entirely voluntary and shall not in
absence of separate agreement, create any confidentially obligation for the receiving party.
However, the Receiving Party shall not disclose the source of any feedback without the providing
party’s consent. Feedback shall be clearly designated as such and, except as otherwise provided
herein, each party shall be free to disclose and use such Feedback as it sees fit, entirely without
obligation of any kind to other party. The foregoing shall not, however, affect either party’s
obligations hereunder with respect to Confidential Information of other party.
Dated this __________ day of _________2016 at __________
(month)
(place)
For and on behalf of ___________________________
Name
Designation
Page 44 of 69
Date: 13 /01/2016
Place
Signature
For and on behalf of__________________________
Name
Designation
Place
Signature
Annexure F
Indicative Commercial Bid
Name of the Bidder: __________________________
Format for Commercial Bid (Indicative Price) - Domestic
Name & Address of the Company:
Quotations:
Sr. No.
Category**
1
PIN Mailers
2
PPKs
Cost (per one lakh quantity)
(IN INR)
Total
Important:
* The amount quoted here should be inclusive of all applicable taxes like Central / State
Government levies, excise duty, cess, charges, license fees, road permits, NMMC cess
etc. in connection with delivery of products including incidental services and commissioning,
except Payment of Octroi / Entry Tax /VAT / Service Tax which will be reimbursed by the
Bank on actual basis.
** One Reverse auction will be conducted for these two categories. The price quoted in the
reverse auction shall remain firm and binding (without any escalation whatsoever) for a
period of two years, even if the cause of escalation is due to government guidelines or
regulations or rule or act or any administrative fiat by whatever nature called
Signature of the bidder
Company Seal & Date
Page 45 of 69
Date: 13 /01/2016
Annexure-G
Compliance Statement
DECLARATION
Terms & Conditions
We hereby undertake and agree to abide by all the terms and conditions stipulated by the
bank in the RFP document.
We declare that we are not in contravention of conflict of interest obligation mentioned in
this RFP.
We certify that we have not made any changes from the contents of the RFP document
read with its amendments/clarifications provided by the Bank submitted by us in our Bid
document. It is further certified that the contents of our bid are factually correct. We also
accept that in the event of any information / data / particulars proving to be incorrect, the
Bank will have the right to disqualify us from the bid.
We hereby undertakes that its name does not appear in any “Caution” list of RBI / IBA or
any other regulatory body for outsourcing activity.
We certify that the items offered by us in response to the bid conform to the technical
specifications stipulated in the bid with the following deviations:
1)
2)
If left blank it will be construed that there is no deviation from the specification given above)
Signature:
Seal of Company
Page 46 of 69
Date: 13 /01/2016
Annexure-H
Format for Performance Guarantee
To,
State Bank of India,
___________ Project,
Global IT Centre,
Sector -11, C.B.D Belapur,
Navi Mumbai 400614
(Hereinafter referred to as "SBI / you”)
Whereas consequent to your Request For Proposal (RFP) No __________ dated
_________ you have issued a Purchase Order No. ______________ dated ________ to
M/s _________________, having its corporate office at _____________ (hereinafter
referred to as "the Contractor”) to develop, implement and support name of software
solution/service for the Bank.
Whereas as per the payment terms of the said RFP/Purchase Order the Contractor has to submit a
Bank Guarantee from a any scheduled commercial bank, other than SBI in favour of you.
And
whereas,
we,
___________Bank,
having
our
branch
office
at
________________________________ (hereinafter referred to as "the Guarantor") on the request
of the Contractor hereby expressly and unreservedly undertake and Guarantee to pay to you, a sum
not exceeding Rs. _________/- (Rupees ___________________Only), being __% of the value of
the Purchase Order, in the event of any breach by the Contractor of the obligations under your said
Purchase Order, or reasons attributable to the Contractor on account of the same. This Guarantee
shall be limited to an amount not exceeding Rs. _________/- (Rupees _________________Only).
You may raise a demand on us in writing stating the amount claimed under the Guarantee and on
receipt of your claim in writing, without any demur, protest or contest and without any reference to
the Contractor, we the Guarantor shall make the payment under this Guarantee to SBI within 24
hours of receipt of written claim / demand.
We the Guarantor, further confirm that a mere letter from the SBI that there has been a
breach by the Contractor of its obligations or there are sufficient reasons for invoking this
Guarantee, shall without any other or further proof be final conclusive and binding on the
Guarantor.
We shall not be discharged or released from this undertaking and the Guarantee by any
arrangement, variation, violation between you and the Contractor, indulgence to Contractor
by you with or without our consent or knowledge and this Guarantee shall be in addition to
any other Guarantee or security you possess against the Contractor.
This Guarantee shall be a continuing Guarantee and shall not be discharged by any
change in the constitution of the Bank, Guarantor or the Contractor. It is further guaranteed
that the payment under this Guarantee shall be made by us on receipt of your written
demand as aforesaid making reference to this Guarantee.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rs. ________/- (Rupees ________________Only).
This Guarantee shall remain in full force and effect for a period of __ years from the date of
issue i.e. up to _________. Unless a claim under this Guarantee is made against us in
writing within one month from that date of expiry i.e. on or before _____ all your rights
Page 47 of 69
Date: 13 /01/2016
under this Guarantee shall be forfeited and we shall be relieved and discharged from all
liabilities there under.
Thereafter, our Guarantee shall be considered as null and void whether returned to
ourselves or not.
Date :
For _______________
(Branch and Bank)
Place :
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Date: 13 /01/2016
Annexure-I
Format for Earnest Money Deposit (EMD)
To,
The __________________
State Bank Global IT Centre,
Sector 11, CBD, Belapur,
Navi Mumbai-400614,
Dear Sir,
EMD BANK GUARANTEE FOR NAME OF SERVICE TO STATE BANK OF INDIA TO
MEET SUCH REQUIREMENTS AND PROVIDE SUCH SERVICES AS ARE SET OUT IN
THE REQUEST FOR PROPOSAL
WHEREAS State Bank of India (SBI), having its Corporate Office at Nariman Point,
Mumbai, and regional offices in other cities in India has invited Request for Proposal to,
integrate and provide support service on behalf of SBI, Associated Banks and subsidiaries
vide its RFP No. ________ dated ________ on the terms and conditions mentioned in the
RFP documents,
It is one of the terms of said Request for Proposal that the bidder shall furnish a Bank
Guarantee for a sum of Rs. _______ (Rupees ______ only) as Earnest Money Deposit.
M/s____________________
, (hereinafter called as bidder), who are our constituents
intends to submit their bid for the said work and have requested us to furnish guarantee in
respect of the said sum of Rs. ______ (Rupees ____ only).
NOW THIS GUARANTEE WITNESSETH THAT
We _______________________ (Bank) do hereby agree with and undertake to the
State Bank of India, their Successors, assigns that in the event of the SBI coming to the
conclusion that the bidder has not performed their obligations under the said conditions
of the RFP or have committed a breach thereof, which conclusion shall be binding on
us as well as the said bidder, we shall on demand by the SBI, pay without demur to the
SBI, a sum of Rs. _____ (Rupees _____ only) that may be demanded by State Bank of
India. Our guarantee shall be treated as equivalent to the Earnest Money Deposit for
the due performance of the obligations of the bidder under the said conditions,
provided, however, that our liability against such sum shall not exceed the sum of Rs.
____ (Rupees _____ lakhs only).
We also agree to undertake to and confirm that the sum not exceeding Rs. _____
(Rupees _____ lakhs only) as aforesaid shall be paid by us without any demur or
protest, merely on demand from the SBI on receipt of a notice in writing stating the
amount is due to them and we shall not ask for any further proof or evidence and the
notice from the SBI shall be conclusive and binding on us and shall not be questioned
by us in any respect or manner whatsoever. We undertake to pay the amount claimed
by the SBI within 24 hours from the date of receipt of the notice as aforesaid. We
confirm that our obligation to the SBI under this guarantee shall be independent of the
Page 49 of 69
Date: 13 /01/2016
agreement or agreements or other understandings between the SBI and the bidder.
This guarantee shall not be revoked by us without prior consent in writing of the SBI.
We hereby further agree that –
Any forbearance or commission on the part of the SBI in enforcing the conditions of the
said agreement or in compliance with any of the terms and conditions stipulated in the
said tender and/or hereunder or granting of any time or showing of any indulgence by
the SBI to the bidder or any other matter in connection therewith shall not discharge us
in any way our obligation under this guarantee. This guarantee shall be discharged only
by the performance of the bidder of their obligations and in the event of their failure to
do so, by payment by us of the sum not exceeding Rs. ______ (Rupees ___ only)
Our liability under these presents shall not exceed the sum of Rs. _______ (Rupees ____ only)
Our liability under this agreement shall not be affected by any infirmity or irregularity on
the part of our said constituents in tendering for the said work or their obligations there
under or by dissolution or change in the constitution of our said constituents.
This guarantee shall remain in force for a period of one year, provided that if so
desired by the SBI, this guarantee shall be renewed for a further period as may be
indicated by them on the same terms and conditions as contained herein.
Our liability under this presents will terminate unless these presents are renewed as
provided herein up to three years or on the day when our said constituents comply with
their obligations, as to which a certificate in writing by the SBI alone is the conclusive
proof, whichever date is later. Unless a claim or suit or action is filed against us within
six months from that date or any extended period, all the rights of the SBI against us
under this guarantee shall be forfeited and we shall be released and discharged from all
our obligations and liabilities hereunder.
Yours faithfully,
For and on behalf of
Signature and Seal of Authorized Official
(NB: This document will require Stamp Duty as applicable in the State, where it is
executed and shall be signed by the official whose signature and authority shall be
verified).
Page 50 of 69
Date: 13 /01/2016
Annexure-J
Format for raising Pre bid queries.
Bank
Response
Sr
No.
Point /Page No. of
RFP
SBI RFP Descriptions
Vendor's Queries
Page 51 of 69
Date: 13 /01/2016
Annexure -K
AGREEMENT FOR PROVIDING Printing and dispatch of Personalized and
Mailers and Pre-Printed Kits (PPKs ) SERVICES FOR STATE BANK GROUP
BETWEEN
PIN
State Bank of India, a body corporate, constituted under the
SBI Act 1955, having its Corporate Centre at State Bank
Bhavan, Madame Cama Road, Nariman Point, Mumbai-400
021 and its Internet Banking Department at State Bank
Global IT Centre, CBD Belapur, Navi Mumbai-400 614,
hereinafter called the customer or Bank, which term shall
include its Associate Banks, Subsidiaries, successors and
assigns of the First Part.
AND
………………………. a Company deemed to be incorporated
under the provisions of Indian Companies Act 1956, having
its
registered
office
at
………………………………………………………………………
……………………………… herein after called as vendor
which term shall, unless the context be repugnant there unto,
include its successors and permitted assigns of the Second
Part.
Date of Commencement
Date of Expiry
:
:
Page 52 of 69
Date: 13 /01/2016
AGREEMENT
This agreement for providing services of Printing and dispatch of Personalized PIN
Mailers and Pre-Printed Kits (PPKs) Services for State Bank Group (hereinafter ‘the
Agreement’) made on ____________________ day of ______.
Between
State Bank of India, a body corporate, constituted under the
SBI Act 1955, having its Corporate Centre at State Bank
Bhavan, Madame Cama Road, Nariman Point, Mumbai-400
021 and its Internet Banking Department at State Bank
Global IT Centre, CBD Belapur, Navi Mumbai-400 614,
hereinafter called the customer or Bank, which term shall
include its Associate Banks, Subsidiaries, successors and
assigns of the First Part.
……………………………………………………….a Company
deemed to be incorporated under the provisions of Indian
Companies Act 1956, having its registered office at
………………………………………………………………………
…………………………………. herein after called as vendor
which term shall, unless the context be repugnant there unto,
include its successors and permitted assigns of the Second
Part.
The Bank and the Service provider are sometimes individually referred to as a “Party” and
collectively as “Parties” throughout this Agreement, and the words Party and Parties shall be
construed accordingly.
RECITALS
WHEREAS the customer wishes to engage the vendor
(consequent upon responding to RFP bearing No.
SBI/GITC/IT-MB/15-16/
issued on ……………………,
Page 53 of 69
Date: 13 /01/2016
participation in the e-Reverse Auction dated ……………..and
emerging as L1) to render the Services of PPKs services for
2
years,
vide
‘Purchase
Order’
No
……………………….dated ………… issued to the vendor
which is made part & parcel of this agreement.
And WHEREAS the vendor has agreed to render such
services, on the terms and conditions set out hereinafter
during the period of contract.
NOW therefore, the Agreement witnesseth as under:
In consideration of the mutual covenants, undertakings and conditions set forth below, and for other
valid consideration the acceptability and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1
DEFINITIONS:
Capitalised Terms- The following capitalized terms, unless the context otherwise
requires, shall have the meaning set forth below for all purposes of this Agreement.
Agreement
Means this agreement including all its Annexure, Schedules,
Appendix and amendments therein agreed by the parties in
writing.
The Bank or the State Bank of India, having its Corporate Centre, at SBI
Customer
Bhawan, Madam Cama Road, Nariman Point, Mumbai
and its Internet Banking Department at State Bank Global
IT Centre, CBD Belapur, Navi Mumbai- 400 614
The vendor/
service provider
…………………………..
a
Company
deemed
incorporated under the provisions of the Companies Act,
1956, having its registered office at ………
Page 54 of 69
Date: 13 /01/2016
The RFP
Purchase
(PO)
Order
RFP means the tender document
bearing No.SBI/GITC/IT-MB/2015-16/
dated …………….(to be read with its
subsequent
corrigendum/amendments issued by
the Bank, if any).
Letter No. ……………………. dated
……………… issued to the vendor by
the Bank.
Product
Printing and dispatch of Personalized and
PIN
Mailers and Pre-Printed Kits (PPKs ) as mentioned in
Annexure enclosed
Services
‘Printing and dispatch of Personalized and PIN
Mailers and Pre-Printed Kits (PPKs) as detailed in
Annexure of this agreement, for 2 years from …………
to…………. strictly in accordance with the terms of RFP
and Purchase Order.
Scope of Work
Means the details of the services to be rendered by the vendor
strictly as per terms stipulated in the RFP/PO and in this
Agreement and any other incidental services and other
obligations of the Service provider covered under this
agreement.
Penalty/Liquidity
Penalty for non performance/deficiency/liquidated damages
damages and other and other penal provisions including termination of contract,
penal provisions.
etc. for lack in services/service outages/non maintenance of
required uptime, etc. as stipulated in RFP, Purchase Order and
in the agreement are recoverable.
Page 55 of 69
Date: 13 /01/2016
2. Interpretations:
a.Reference to a person includes any individual, firm, body corporate, association
(whether incorporated or not) and authority or agency (whether government, semi
government or local).
b.The singular includes the plural and vice verse.
c.Reference to any gender includes each other gender.
d.The provisions of the contents table, headings, clause numbers, italics, bold print and
underlining is for ease of reference only and shall not affect the interpretation of this
Agreement.
e. The RFP, its annexures, corrigendums/addendums/amendments, if any together with
Purchase Order shall form part of this Agreement. Additionally, the Schedules,
Annexures and Appendices to this Agreement shall also form part of this Agreement.
f. A reference to any documents or agreements (and, where applicable, any of their
respective provisions) means those documents or agreements as amended,
supplemented or replaced from time to time provided they are amended,
supplemented or replaced in the manner envisaged in the relevant documents or
agreements.
g. A reference to any statute, regulation, rule or other legislative provision includes any
amendment to the statutory modification or re-enactment or, legislative provisions
substituted for, and any statutory instrument issued under that statute, regulation,
rule or other legislative provision.
h. Any agreement, notice, consent, approval, disclosure or communication under or
pursuant to this Agreement is to be in writing.
3. COMMENCEMENT & TERM
a. This Agreement shall commence from its date of execution mentioned above/ deemed to
have commenced from …………….. (Effective Date).
b. This Agreement shall be in force for a period up to ………….. ), unless terminated by the
Bank by notice in writing in accordance with the termination clauses of this Agreement.
c. The Bank shall have the right at its discretion to renew this Agreement in writing, for a further
term on the same terms and conditions.
d. Unless terminated earlier in accordance with this Agreement, the Agreement shall come to
an end on completion of the term specified in the Agreement or on expiration of the renewed
term.
4. REPRESENTATIONS AND WARRANTIES
a. Each of the parties represents and warrants in relation to itself to the other that:
i.
It has all requisite corporate power and authority to execute, deliver and perform its
obligations under this Agreement and has been fully authorized through applicable corporate
process to do so.
ii.
The person(s) signing this agreement on behalf of the parties have the necessary authority
and approval for execution of this document and to bind his/their respective organization for
due performance as set out in this Agreement. It has all necessary statutory and regulatory
permissions, approvals and permits for the running and operation of its business. In other
words, the bidder shall comply with all the statutory obligations of the Government of
India/State Governments and local authorities applicable and the bank shall not be liable for
any action under the statutes applicable due to non-fulfilment of statutory obligations by the
bidder.
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iii.
iv.
It will provide such cooperation as the other party reasonably requests in order to give full
effect to the provisions of this Agreement.
The execution and performance of this Agreement by either of the parties does not and shall
not violate any provision of any of the existing Agreement with any of the party and any other
third party.
b. Additional Representation and Warranties by the Bank:
The Customer shall be responsible for the following:
a. Where the vendor provides services at Customer's site, the Customer shall
arrange to make available to the vendor’s personnel reasonable office,
computer and communication facilities at no cost to the vendor.
b. Customer shall give the vendor and its personnel full access (physical and/or
remote) at the locations and required equipment/ software to enable the
vendor to provide the Services.
c. The vendor shall not be liable for any breach in performance of its obligations
if such breach is caused due to delay or failure on the part of the Customer in
fulfilling its obligations under this Section
c. Additional Representation and Warranties by Service provider.
i.
ii.
iii.
iv.
v.
vi.
vii.
The vendor further declares, holds out and confirms that neither the execution and
delivery of this Agreement, the consummation of the transactions contemplated
hereby, or the fulfilment of or compliance with the terms and conditions of this
Agreement, conflict with or result in a breach of or a default under any of the terms,
conditions or provisions of any legal restriction (including, without limitation, any
judgement, order, injunction, decree or ruling of any court or governmental authority,
or any federal, state, local or other law, statute, rule or regulation) or any covenant or
agreement or instrument to which it is a party, or by which the vendor or any of the
property of the vendor is bound, nor does such execution, delivery, consummation or
compliance violate or result in the violation of its constitutional documents and the
rights including any intellectual property of any third parties.
The vendor represents and warrants that it shall perform Services as contemplated
herein in a competent and professional manner and in a manner consistent with
good commercial practices and in compliance of all applicable laws.
The vendor affirms and declares that the services supplied by the vendor to the
customer are legal, genuine and the same shall not violate the intellectual property
rights of any third parties.
The vendor shall perform the Services and carry out its obligations under the
Agreement with due diligence, efficiency and economy, in accordance with generally
accepted techniques and practices used in the industry and with professional
standards recognized by Domestic professional bodies and shall observe sound
management practices. It shall employ appropriate advanced technology and safe
and effective equipment, machinery, material and methods.
The vendor has the requisite technical and other competence, sufficient, suitable, qualified
and experienced manpower/personnel and expertise in providing the Services to the Bank.
The vendor shall duly intimate to the Bank immediately, the changes, if any in the
constitution of the vendor.
The service provider shall ensure that all persons, employees, workers and other individuals
engaged by or sub-contracted by the service provider in rendering the services under this
Agreement have undergone proper background check, police verification and other
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necessary due diligence checks to examine their antecedence and ensure their suitability for
such engagement. No person shall be engaged by the service provider unless such person
is found to be suitable in such verification and the service provider shall retain the records of
such verification and shall produce the same to the Bank as when requested.
viii.
In the course of rendering the aforesaid services, the vendor shall be responsible for
the following:
a) The vendor will assign personnel of appropriate qualifications, skills and
experience to perform the services in order to fulfil its obligations.
b) The vendor will exercise requisite control and supervision over its personnel in
the course of rendering entire services. (i.e. from start till expiry of services).
c) The vendor shall replace its personnel in case of complaints made
by customer with suitable/competent personnel.
d) The vendor shall resolve problems, if any relating to services within the
stipulated hours.
e) The vendor hereby warrants that services to be provided shall be in
accordance with the requirement of RFP and PO, shall be brand new, free
from any defects or faults in material, workmanship or manufacture and shall
be of the highest grade and quality and consistent with the established
industry standards for services specifications, drawings or samples if any, and
shall operate properly for period of maintenance and support from the date of
acceptance. The vendor shall be fully responsible for its efficient operation.
f) During the Service period, the vendor shall provide maintenance support to
comply with parameters defined by OEM under their support policies and the
vendor shall be responsible for all costs relating to labour, maintenance
(preventive and corrective) and transport charges from and to the site(s) in
connection with the maintenance of the support services.
g) In case of failure of services, the vendor shall ensure that it is made
operational to the full satisfaction of the Bank.
h) In the event of application failures at any stage, the vendor should ensure that
a systematic arrangement is in place for ensuring the following:
a. Diagnostics for identification of Application failures
b. Protection of data
c. Recovery/ restart facility
i) A root cause analysis report for failure/malfunction of services should be
submitted by the vendor to the Bank.
j) Infection by viruses or such other contaminating or destructive components for
which the vendor is not responsible.
5. CONFIDENTIALITY
A. For the purpose of this agreement, confidential Information shall mean :(i) information of all kinds, whether oral, written or otherwise recorded including, without limitation,
any analyses, compilations, forecasts, data, studies or other documents, regarding the past, current
or future affairs, business, plans or operations of a party to which the other party will have access,
(ii) the existence of the contemplated terms and the fact that discussions or negotiations are taking
place or have taken place between the parties concerning the contemplated terms,
(iii) any and all information regarding the contemplated terms and any agreements that may be
entered into in relation thereto and
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(iv) any customer details or other data received by a party from the other party or its customer(s) or
otherwise shared between the parties in connection with the services.
B. In consideration of each party providing the other party or its’ representatives with the confidential
Information, the parties agree as follows:
i.
Each party shall keep confidential and shall not, directly or indirectly, disclose, except as
provided in sub-clauses below, in any manner whatsoever, in whole or in part, the
confidential information without the other party’s prior written consent.
ii.
Each party shall hold the confidential information in confidence and shall exercise all
reasonable diligence in ensuring that the confidential information is not disclosed to third
parties and will refrain from using the confidential information for any purpose whatsoever
other than for the purposes of this Agreement or for the purpose for which such information
is supplied.
iii.
Notwithstanding the above, each party may reveal the confidential information to those of its
representatives, those of its’ holding company and those of its subsidiaries who are involved
in the negotiation or evaluation of the project, and shall procure and ensure that each of
them complies with the obligation to keep the confidential information secret, private and
confidential and strictly observes the terms of this Agreement.
iv.
The confidentiality obligation shall not apply to such portions of the confidential information
(other than the Customer details/ data of the Bank) which one of the parties can
demonstrate (i) are or become generally available to the public other than as a result of any
breach of this Agreement, (ii) were in its possession on a non confidential basis prior to the
date hereof or (iii) have been rightfully received from a third party after the date hereof
without restriction on disclosure and without breach of this Agreement, said third party being
under no obligation of confidentiality to the other party with respect to such confidential
information.
v.
In the event that a Party becomes legally compelled pursuant to any statutory or regulatory
provision, court or arbitral decision, governmental order, or stock exchange requirements to
disclose any of the Confidential Information, the compelled party, as far as possible will
provide the other party with prompt written notice. In any case, the compelled party will
furnish only that portion of the confidential information which is legally required and will
exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be
accorded to the confidential information.
vi.
In the event of termination or expiry of this Agreement, each party shall either (i) promptly
destroy all copies of the written (including information in electronic form), confidential
information in its possession or that of its representatives; or (ii) promptly deliver to the other
party at its own expense all copies of the written confidential information in its possession or
that of its representatives, provided, however, that (i) no notes, memoranda, analyses,
studies or other documents prepared by it or its advisers in connection with the services
shall be returned or destroyed, but they shall be disposed in accordance with any specific
directions in this Agreement or held and kept confidential, and that (ii) each party shall be
permitted to retain one copy of the confidential information for the purposes of dispute
resolution, compliance with regulatory agency or authority and internal compliance
procedures, provided such copies being held and kept confidential.
vii.
By furnishing the confidential information, no party makes an express or implied
representation or warranty as to the accuracy or completeness of the confidential
information that it has disclosed and each party expressly disclaims any liability that may be
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viii.
ix.
x.
xi.
xii.
based on the confidential information, errors therein or omissions there from, save in the
case of fraud or willful default.
The service provider shall not, without the Bank’s prior written consent, disclose the
Agreement, or any provision thereof, or any specification, plan, drawing, pattern, sample or
information furnished by or on behalf of the Bank in connection therewith, to any person
other than a person employed by the service provider in performance of the contract.
Disclosure to any such employed person shall be made in confidence and shall extend only
so far, as may be necessary to purposes of such performance.
The service provider shall not, without the Bank’s prior written consent, make use of any
document or information received from the Bank except for purposes of performing the
services and obligations under this Agreement.
Any document received from the Bank shall remain the property of the Bank and shall be
returned (in all copies) to the Bank on completion of the service provider’s performance
under the Agreement.
The obligations set out in this Article shall continue even after the termination/ expiry of this
Agreement. Confidentiality obligations of the service provider in respect of any customer
data/ details of the Bank shall be absolute, unconditional and without any time limit,
irrespective of the expiry/ termination of the Agreement.
Service provider agrees to indemnify and hereby keeps the Bank indemnified against all
actions, claims, loss, damages, costs, charges, expenses (including Attorney / Advocate
fees and legal expenses) which the Bank may suffer or incur on account of breach of
confidentiality obligations as per this Agreement by Service provider or its employees,
agents, representatives, sub-contactors. Service provider further agrees to make good the
loss suffered by the Bank upon first demand by the Bank which shall be final, conclusive and
binding on service provider.
6. RELATIONSHIP BETWEEN THE PARTIES.
i.
It is specifically agreed that the service provider shall act as independent service provider
and shall not be deemed to be the Agent of the Bank except in respect of the
transactions/services which give rise to Principal - Agent relationship by express agreement
between the parties.
ii.
Neither the service provider nor its employees, agents, representatives, sub-contractors
shall hold out or represent as agents of the Bank.
iii.
None of the employees, representatives or agents of service provider shall be entitled to
claim permanent absorption or any other claim or benefit against the Bank.
iv.
This Agreement shall not be construed as joint venture. Each party shall be responsible for
all its obligations towards its respective employees. No employee of any of the two parties
shall claim to be employee of other party.
v.
All the obligations towards the employees of a party including that on account of personal
accidents occurred while working in the premises of the other party shall be with the
respective employer and not on the party in whose premises the accident occurred.
7. SUB-CONTRACTING
i.
No sub-contracting of any part of the Services by the Service provider shall be allowed other
than those specifically mentioned in this Agreement or agreed by the Bank in writing.
ii.
The service provider agrees to obtain prior approval/consent of the Bank of the use of
subcontractors by the service provider for any part of the Services.
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Before engaging sub-contractor, the service provider shall carry out due diligence process
on sub-contracting/ sub-contractor to the satisfaction of the Bank and Bank should have
access to such records.
In the event of sub-contracting the service provider shall ensure that suitable documents
including confidentiality agreement are obtained from the sub-contractor and the service
provider shall ensure that the secrecy and faith of Bank’s data / processes is maintained.
Notwithstanding approval of the Bank for sub contracting, the service provider shall remain
liable to the Bank for all acts/omissions of sub-contractors.
In respect of that part of the services where chain outsourcing and sub-contractors are
permitted by the Bank, the sub-contractor should have same level of obligations as that of
the service provider and the service provider agrees to obtain suitable documents in this
regard from the sub-contractor.
iii.
iv.
v.
vi.
8. PERFORMANCE GUARANTEE:
i. The service provider has to furnish a performance guarantee as stipulated in the RFP.
ii. Performance of the obligations under the Agreement shall be made by the
service provider in accordance with the time schedule specified in this Agreement.
iii. Any unexcused delay by the service provider in the performance of its contract obligations
shall render the service provider liable to termination of the contract for default.
iv. If at any time during performance of the contract, the service provider should encounter
unexpected conditions impeding timely completion of the services under the Agreement and
performance of the services, the service provider shall promptly notify the Bank in writing of the
fact of the delay, its likely duration and its cause(s). As soon as practicable, after receipt of the
service provider’s notice, the Bank shall evaluate the situation and may at its discretion extend
the service provider’s time for performance, in which case the extension shall be ratified by the
parties by amendment of the Agreement.
v. The service provider shall be liable to face all penal provisions as stipulated in the RFP in
respect of any delay/other lapses/defaults.
vi. The detailed penalty provisions as per terms of RFP are as per Annexure II enclosed.
9. FORCE MAJEURE
i.
Notwithstanding anything else contained in the Agreement, neither party shall be liable for any
delay in performing its obligations herein if and to the extent that such delay is the result of an
event of Force Majeure.
ii.
For the purposes of this clause, 'Force Majeure' means and includes wars, insurrections,
revolution, civil disturbance, riots, terrorist acts, public strikes, hartal, bundh, fires, floods,
epidemic, quarantine restrictions, freight embargoes, declared general strikes in relevant
industries, major Act of Government, impeding reasonable performance of the service
provider but does not include any foreseeable events, commercial considerations or those
involving fault or negligence on the part of the party claiming Force Majeure.
iii.
If a Force Majeure situation arises, the service provider shall promptly notify the Bank in
writing of such conditions, the cause thereof and the likely duration of the delay. Unless
otherwise directed by the Bank in writing, the service provider shall continue to perform its
obligations under the Agreement as far as reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure event.
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If the event of Force Majeure continues for a period more than 30 days, the Bank shall be
entitled to terminate this Agreement at any time thereafter. Neither party shall have any penal
liability to the other in respect of the termination of this Contract as a result of an Event of
Force Majeure. However service provider shall be entitled to receive payments for all services
actually rendered up to the date of the termination of this Agreement.
iv.
10. COMPLIANCE WITH LAWS.
i.
Service provider hereby agrees and declares that it shall hold the sole responsibility to comply
with the provisions of all the applicable laws, concerning or in relation to rendering of services
by service provider as envisaged under this agreement.
ii.
Service provider shall procure and maintain all necessary licenses permissions, approvals
from the relevant authorities under the applicable laws throughout the currency of this
Agreement.
iii.
Service provider shall be solely liable & responsible for compliance of applicable Labour Laws
in respect of its employees, agents, representatives and sub-Contractors and in particular
Laws relating to terminal benefits such as Pension, Gratuity, Provident Fund, Bonus or other
benefits to which they may be entitled and the Laws relating to Contract Labour, Minimum
Wages, etc., and the Bank shall have no liability in these regards. Further, the service provider
would indemnify/make good for the losses to the Bank for non-compliance or any claims
against the Bank arising out of any non-compliance as above.
iv.
Service provider confirms that it has full authority to enter into this Agreement and render the
Services as envisaged under this Agreement and all Corporate or other necessary approvals
have been obtained for entering into this Agreement with the Bank. Further, the persons
executing this Agreement on behalf of the service provider have full authority and power to
execute this Agreement and bind service provider.
11. RIGHT TO AUDIT
i.
It is agreed by and between the parties that the Bank shall have the right to audit the product
and services anytime during the term of this Agreement. All costs for such audit shall be borne
by the Bank.
ii.
The bank shall have the right to conduct audits on the service provider whether by its internal
or external auditors, or by agents appointed to act on its behalf and to obtain copies of any
audit or review reports and findings made on the service provider in conjunction with the
services performed for the Bank.
iii.
It is agreed that the Bank shall have the access to all books, records and information relevant
to the Services available with the Service provider.
iv.
The Parties agree that the Bank shall have the right, but without any obligation to monitor and
assess the services to enable the Bank to take necessary corrective measures, provided any
such monitoring shall not amount to supervision of any of the jobs of the service provider or
the employees of the service provider.
v.
The Bank should have right to conduct surprise check of the service provider’s activities in
respect of the services.
vi.
The service provider agrees that the Bank shall have the right to disclose the details of this
Agreement and the details of services covered herein to the Reserve Bank of India and Indian
Banks Association.
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The service provider agrees to allow the Reserve Bank of India or persons authorized by it to
access the documents, records of transactions, and other necessary information stored or
processed by the service provider in respect of this Agreement or the Services.
The service provider agrees to preserve the documents and data in respect of the services
for such period in accordance with the legal/regulatory obligation of the Bank in this regard.
The service provider agrees that the complaints/feedback, if any received from the customers
of the Bank in respect of the services by service providers shall be recorded and
Bank/Reserve Bank of India shall have access to such records and redressal of customer
complaints by the service provider.
vii.
viii.
ix.
12. FEES, TAXES & DUTIES
a. Service provider shall be paid fees and charges in the manner detailed in Purchase
Order subject to deduction of income tax thereon wherever required under the
provisions of the Income Tax Act by the Bank.
b. All expenses, stamp duty and other charges/ expenses in connection with execution
of this Agreement shall be borne by service provider
13. GENERAL INDEMNITY
a. Service provider agrees and hereby keeps the Bank indemnified against all claims,
actions, loss, damages, reputation loss, costs, expenses, charges, including legal
expenses (Attorney, Advocates fees included) which the Bank may suffer or incur on
account of any deficiency in services rendered by service provider or any acts of
commission/omission on the part of employees, agents, representatives or subcontractors (if prior permission of the Bank is taken) of service provider. Service
provider agrees to make good the loss suffered by the Bank on first demand made
by the Bank in this regard which shall be final conclusive and binding on service
provider.
b. Service provider further undertakes to promptly notify the bank in writing any breach
of obligation of the agreement by its employees or representatives including
confidentiality obligation and in such an event, the Bank will in addition to and without
prejudice to any other available remedies be entitled to immediate equitable relief in
a Court of competent jurisdiction to protect its interest including injunctive relief.
c. The service provider shall be directly and vicariously liable to indemnify the Bank in
case of any misuse of data/information of the Bank by the service provider, deliberate
or otherwise.
d. The service provider shall indemnify and keep fully and effectively indemnified the
Bank against all costs, claims, damages, demands, expenses and liabilities of
whatsoever nature arising out of or in connection with all claims of infringement of
trade mark, patent, copyright, industrial design or any other intellectual property
rights of any third party arising from the services or use of software or any other
product under this Agreement, subject to the following condition(s):
d.i. The Bank shall promptly notify the service provider in writing of any
allegations of infringement of which it has notice;
d.ii. The Bank shall not make any admission of claims causing prejudice to the
defense of the service provider against such claims without the service
provider’s prior written consent;
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14. TERMINATION AND SUSPENSION OF THE PURCHASE CONTRACT:
The Bank at its option without prejudice to its rights under the purchase contract, is entitled
to cancel the purchase contract at any time by giving 30 days written notice to the bidder in
the following circumstances:A i) In case the bidder does not comply with any of his obligations/ conditions
undertakings under this purchase contract.
b.i.C.ii)
If the design, specifications or supplies provided by
the bidder do not conforms to the Printing and dispatch of Personalized PIN
Mailers and Pre-Printed Kits (PPKs)Services requirements/ technical specifications.
iii) If the bidder defaults in implementing any of the instructions received from the Bank
within the stipulation of this purchase contract and,
iv) In case of any breach of this purchase contract by the bidder.
B.The Bank shall have a right to terminate the Agreement immediately by giving a notice in
writing to Service provider in the following eventualities:
a. If any Receiver/Liquidator is appointed in connection with the business of the service
provider or service provider transfers substantial assets in favour of its creditors or any
orders/directions are issued by any Authority /Regulator which has the effect of
suspension of the business of service provider.
b. If service provider applies to the Court or passes a resolution for voluntary winding up of
service provider or any other creditor/person files a petition for winding up or dissolution
of service provider.
c. If service provider, in reasonable opinion of the Bank is unable to pay its debts or
discharge its liabilities in normal course of business.
d. If service provider is unable to render the services up to the mark as envisaged under
this agreement upon a reasonable assessment of the circumstances by the Bank which
affect rendering of the services by service provider as envisaged under this agreement.
e. If any acts of commission or omission on the part of service provider or its agents,
employees, sub-contractors or representatives, in the reasonable opinion of the Bank
tantamount to fraud or prejudicial to the interest of the Bank or its customers.
f. If service provider is owned/controlled wholly/partly by any other bank operating in India.
g. If any officer/ employee/ director of service provider or their relatives as defined in
section 6 of the Companies Act, 1956 becomes a director of the Bank.
h. In the event of the termination of the Agreement, service provider shall be liable and
responsible to return to the Bank all records, documents, data and information including
confidential information pertains to or relating to the Bank in its possession.
i. In the event of termination of the Agreement for any reason, Bank shall have the right to
give suitable publicity to the same including advising the Indian Bank’s Association.
j. In the event of termination of the Agreement or on the expiry of the term/ renewed term
of this Agreement, the service provider shall render all reasonable assistance and help to
the Bank and any new contractor engaged by the Bank for the smooth switch over and
continuity of the services or if so required by the Bank take all necessary steps to bring
the services to a close in a prompt and orderly manner.
k. Upon termination or expiration of this Agreement, all rights and obligations of the parties
hereunder shall cease, except:
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(a)
(b)
(c)
such rights and obligations as may have accrued on the date of
termination or expiration;
the obligation of confidentiality; and
any right which a party may have under the Application Law.
15. Limitation of Liability:
For breach of any obligation mentioned in this agreement, subject to obligations
mentioned in this clause, in no event Service Provider shall be liable for damages to
the Bank arising under or in connection with this agreement for an amount
exceeding the total amount payable by bank to the service provider during the last
preceding year/half year/quarter<strike off whichever is in applicable> .
Service provider will ensure Bank’s data confidentiality and shall be responsible for
liability arising in case of breach of any kind of security and/or leakage of confidential
customer/Bank’s related information to the extent of loss so caused.
The limitations set forth herein shall not apply with respect to:
(i)
claims that are the subject of indemnification pursuant to IPR
infringement,
(ii)
damage(s) occasioned by the gross negligence, fraud or willful
misconduct of Service Provider,
(iii)
damage(s) occasioned by Service Provider for breach of Confidentiality
Obligations,
(iv)
When a dispute is settled by the Court of Law in India.
(v)
Loss occasioned by Non-compliance of Statutory or Regulatory
Guidelines.
15. CONTINGENCY PLANS & CONTINUITY ARRANGEMENTS.
i. The service provider shall arrange and ensure proper contingency plans to meet
any unexpected obstruction to the service provider or any employees or subcontractors of the service provider in rendering the services or any part of the
same under this Agreement to the Bank.
ii.
The service provider agrees for the following continuity arrangements to
ensure the business continuity of the Bank.
 In the event of this Agreement comes to end on account of termination or
by the expiry of the term/ renewed term of the Agreement or otherwise,
the service provider shall render all reasonable assistance and help to the
Bank and to any new contractor engaged by the Bank, for the smooth
switch over and continuity of the services.

In the event of failure of the service provider to render the service,
without prejudice to any other right the Bank shall have as per this
Agreement, the Bank at its sole discretion may make alternative
arrangements for getting the services from any other source. And if the
Bank gives a prior notice to the service provider before availing such
service from any other alternative source, the service provider shall be
liable to reimburse the expenses, if any incurred by the Bank in availing
such services from the alternative source.
16. ARBITRATION
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i.
ii.
iii.
iv.
Any and all disputes, controversies and conflicts ("Disputes") arising out of this
Agreement or in connection with this Agreement or the performance or nonperformance of the rights and obligations set forth herein, or the breach,
termination, invalidity or interpretation thereof shall be referred for arbitration in
terms of the Arbitration and Conciliation Act, 1996 (Arbitration Act) or any
amendments thereof. Prior to submitting the Disputes to arbitration the parties
shall make all endeavors to settle the dispute/s through mutual negotiation and
discussions. In the event that the said dispute/s are not settled within 30 days of
the arising thereof as evidenced through the first written communication from any
party notifying the other regarding the disputes, the same shall finally be settled
and determined by arbitration as above.
The place of arbitration shall be at Mumbai and the language used in the arbitral
proceedings shall be English. Arbitration shall be conducted by a mutually
appointed sole arbitrator. If the Parties are unable to agree upon a sole Arbitrator,
each Party shall appoint one arbitrator and the two arbitrators so appointed by
the Parties shall appoint the third arbitrator, who shall be the Chairman of the
Arbitral Tribunal.
The arbitral award shall be in writing and subject to the provisions of the
Arbitration and Conciliation Act, 1996 Act shall be enforceable in any court of
competent jurisdiction.
Pending the submission to arbitration and thereafter, till the Arbitrator or the
Arbitral Tribunal renders the award or decision, the Parties shall, except in the
event of termination of this Agreement or in the event of any interim order/award
is granted under the afore stated Act, continue to perform their obligations under
this Agreement.
17. GOVERNING LAW & JURISDICTION
i.
The Agreement shall be governed and construed in accordance with the Laws of
Republic of India.
ii.
The Parties agree to submit to the exclusive jurisdiction of the appropriate court
in Mumbai in connection with any dispute between the Parties under the
Agreement.
18. ENTIRE AGREEMENT
a. This Agreement constitutes the entire agreement between the Parties
with respect to the subject matter hereof and supersedes all prior written
agreements, undertakings, understandings and negotiations, both written
and oral, between the Parties with respect to the subject matter of the
Agreement, except which are expressly annexed or attached to this
Agreement and saved by this Agreement.
No representation,
inducement, promise, understanding, condition or warranty not set forth
herein has been made or relied upon by any Party hereto.
b. This Agreement comprises this Agreement and the Annexure I to
Annexure II which shall be integral part of this Agreement, and the Parties
shall be bound by the terms and conditions contained therein.
19. SEVERABILITY
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If any part or any provision of this Agreement is or becomes illegal, invalid or unenforceable, that
part or provision shall be ineffective to the extent of such invalidity or unenforceability only, without
in any way affecting the validity or enforceability of the remaining parts of said provision or the
remaining provisions of this Agreement. The Parties hereby agree to attempt to substitute any
invalid or unenforceable provision with a valid or enforceable provision, which achieves to the
greatest extent possible the economic, legal and commercial objectives of the invalid or
unenforceable provision.
20. NOTICES
o
o
o
Any notice, invoice, approval, advice, report or any other communication required to
be given under this Agreement shall be in writing and may be given by delivering the
same by hand or sending the same by prepaid registered mail, telegram or facsimile
to the relevant address set forth below or such other address as each Party may
notify in writing to the other Party from time to time. Any such notice given as
aforesaid shall be deemed to be served or received at the time upon delivery (if
delivered by hand) or upon actual receipt (if given by telegram or facsimile) or seven
(7) clear days after posting (if sent by post).
A notice shall be effective when it is delivered or on the effective date of the notice,
whichever is later.
Address for communication to the Parties are as under:
To the Bank
State Bank of India,
Internet Banking Department,
3rd Floor, ‘D’ Wing
State Bank Global IT Centre,
Sector-11, CBD Belapur,
Navi Mumbai-400 614
To Service Provider
………………………
…………………….
21. MISCELLANEOUS
a. Any provision of this Agreement may be amended or waived, if, and only if
such amendment or waiver is in writing and signed, in the case of an
amendment by each party, or in this case of a waiver, by the Party against
whom the waiver is to be effective.
b. No failure or delay by any Party in exercising any right, power or privilege
hereunder shall operate as a waiver thereof nor shall any single or partial
exercise of any other right, power of privilege. The rights and remedies
herein provided shall be cumulative and not exclusive of any rights or
remedies provided by law.
c. Neither this Agreement nor any provision hereof is intended to confer upon
any person/s other than the Parties to this Agreement any rights or remedies
hereunder.
d. The service provider shall execute and deliver such additional documents
and perform such additional actions, as may be necessary, appropriate or
Page 67 of 69
Date: 13 /01/2016
e.
f.
g.
h.
i.
reasonably requested to carry out or evidence the transactions
contemplated hereby.
In case of any change in applicable laws that has an effect on the terms of
this Agreement, the Parties agree that the Agreement may be reviewed, and
if deemed necessary by the Parties, make necessary amendments to the
Agreement by mutual agreement in good faith.
If this Agreement is signed in counterparts, each counterpart shall be
deemed to be an original.
The service provider shall not assign or transfer all or any of its rights,
benefits or obligations under this Agreement without the approval of the
Bank. The Bank may, at any time, assign or transfer all or any of its rights,
benefits and obligations under this Agreement.
All plans, drawings, specifications, designs, reports and other documents
prepared by the service provider in the execution of the Agreement shall
become and remain the property of the Bank, and before termination or
expiration of this Agreement the service provider shall deliver all such
documents, prepared under this Agreement along with a detailed inventory
thereof, to the Bank.
The service provider agrees that they shall not use the logo, trademark,
copy rights or other proprietary rights of the Bank in any advertisement or
publicity materials or any other written communication with any other party,
without the prior written consent of the Bank.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized representatives as of the date and day first mentioned above.
State Bank of India
Service provider
By:
Name:
Designation:
Date:
By:
Name:
Designation:
Date:
WITNESS:
1.Signature:
Name:
1. Signature:
Name:
Designation:
Designation:
Address:
Address:
2. Signature:
Name:
2. Signature:
Name:
Designation:
Address:
Designation:
Address:
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Date: 13 /01/2016
Annexure-1
Scope, of Work, Product features, Technical and other requirements:
------------------------As detailed in the RFP-------------------------
Annexure-2
Penalty for non adherence to timelines:
------------------------As detailed in the RFP-------------------------
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Date: 13 /01/2016