10. CONDITIONS FOR SUBMISSION OF PROPOSALS
description
Transcript of 10. CONDITIONS FOR SUBMISSION OF PROPOSALS
REQUEST FOR PROPOSAL
Issued by
THE INDIAN BANKS’ ASSOCIATION
In conjunction with
THE INDIAN CARDS COUNCIL
And
MASTERCARD WORLDWIDE
To assist in implementing
A COMMON DO-NOT-CALL REGISTRY
____________________
Dated December 14, 2006____________________
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 1 -
REQUEST FOR PROPOSAL TO ASSIST IN IMPLEMENTING A COMMON DO-NOT-CALL REGISTRY
1. OVERVIEW
1.1 This Request for Proposal (“RFP”) is being issued by the Indian Banks’ Association
(“IBA”) in conjunction with the Indian Cards Council (“ICC”) and MasterCard
Worldwide (jointly and severally hereinafter referred to as the “Association”) to
select a vendor who will assist the IBA in implementing and maintaining a common
do-not-call registry (“Registry”) of banking telemarketers for financial products or
services. The main objectives for establishing the Registry are to (a) allow consumers
to register their preference not to receive telemarketing calls at the registered
telephone numbers; (b) allow telemarketers to access the telephone numbers included
in the Registry and to pay the appropriate fees for such access; (c) gather consumer
complaint information concerning alleged do-not-call violations; and (d) allow law
enforcement, regulatory and industry bodies to access the Registry and take
appropriate enforcement actions.
1.2 Through the issuance of this RFP, the Association desires to solicit applications for
selecting a vendor to undertake the design, development, testing, deployment,
operation and maintenance of the Registry which shall consist of telephone numbers
of consumers who do not wish to receive (and wish to opt out of receiving)
‘telemarketing’ calls from banking telemarketers for financial products or services
(collectively, the “Telemarketers”). For the purposes of this RFP document, the term
‘telemarketing’ will mean “the use of telecommunications facilities to make
unsolicited calls for the purpose of solicitation where solicitation is defined as the
selling or promoting by a bank of a financial services product or service, whether
directly or indirectly and whether on behalf of another party, provided, however, that
it does not include calls made by or on behalf of banks to their customers in relation
to a product or service already supplied by the bank to the customer provided further
that such call relates to the operation, security or servicing of that product or service”.
1.3 The Association, following consultations with the Reserve Bank of India, has taken
the responsibility for establishing and operating a database that lists the telephone
numbers of consumers who object to receiving unsolicited telemarketing calls. The
sole purpose of this RFP document is to provide details and guidelines to assist the
potential vendor in replying to this RFP.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 2 -
2. DISCLAIMER
2.1 It is presumed that in participating in the selection process, each of the applicants
have made and/or should have made their own independent assessment and have
sought their independent professional, financial and legal advice. The information
contained in this RFP document has been prepared in good faith. However, it is not
and does not purport to be comprehensive or independently verified. Neither the
Association, nor any of its advisors, directors, officers, employees or agents accepts or
assumes any liability or responsibility for the contents hereof or the accuracy or
completeness of the same or for any errors, omissions, misstatements, negligent or
otherwise, relating to the information contained in this RFP document or on which
such document is based or with respect to any written or oral information made or to
be made available to any applicant or its professional, financial or legal advisors.
Further, none of the aforesaid makes any representation or warranty in respect of any
of the information referred to in the preceding sentence. Subject to the laws of India,
all and any liability in respect of such information is expressly disclaimed.
2.2 Each applicant recognizes that this RFP document does not contain all information
that an applicant may require. The information contained in this RFP document is
selective and subject to updating, expansion, revision and amendments. However,
neither the Association, nor any of its advisors, directors, officers, employees or
agents accepts or assumes any responsibility to update, revise and/or amend the
information contained in this RFP document or to correct any inaccuracies which may
become/are apparent. Additionally, the Association reserves the right to alter the
specifications, in part or in whole, during the RFP process, and (without re-issuing the
RFP) following the selection of the vendor. The vendor will however be advised of
such alterations and provided with the opportunity to advise impacts.
2.3 This RFP document may contain/include certain estimates, projections, statements,
targets and forecasts. These are based on various assumptions made by the
Association, which assumptions and the information on which they are based may or
may not be accurate. Neither the Association, nor any of its advisors, directors,
officers, employees or agents makes any representation and/or warranty in respect of
and no reliance should be placed on any estimates, projections, statements, targets or
forecasts or the assumptions on which they may be based.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 3 -
2.4 This RFP is not an offer by the Association, but an invitation for a potential vendor
response. No obligation to contract shall arise from this RFP document. However, the
IBA may require that all or part of the proposal submitted by the successful applicant
in response to this RFP be included in the contract that will be executed with the
successful applicant. Nothing contained in this RFP document or in any
communication issued by either the Association or any of its advisors, directors,
officers, employees or agents shall be taken as constituting inter alia an invitation to
offer or treat, or an agreement, or an offer, or a warranty or a representation between
them (acting either individually and/or collectively) and any other party.
2.5 The IBA anticipates negotiating and awarding the contract to the successful applicant
based on the IBA’s evaluation of the proposals submitted in response to this RFP by
the applicants to the IBA in accordance with and subject to the terms and conditions
contained herein. The IBA reserves the right to accept or reject any or all proposals to
revise this RFP document, to request one or more re-submissions or clarifications
from one or more applicants, or to cancel the process in part or whole. Any falsehood,
inaccuracy or incompleteness by an applicant, even if discovered after the applicant
has been qualified at any stage, shall be sufficient reason to disqualify the applicant.
No applicant is obliged to respond to this RFP document.
2.6 The Association will not pay any costs incurred in the preparation or submission of
any proposal submitted in response of this RFP or any other expenses that an
applicant may incur in connection with the selection process or otherwise. In no event
will the Association be liable to any applicant for any claims, whether for costs or
damages incurred by the applicant in preparing a response to this RFP, loss of
anticipated profit in connection with any final contract, or any other manner
whatsoever.
2.7 The request by the Association for and/or receipt of a proposal will not constitute an
understanding and/or commitment and/or representation and/or warranty and/or
guarantee and/or undertaking by the Association and shall not be deemed to create
and/or confer any rights or expectations whatsoever to enter into any agreement,
undertaking or covenant with any applicant.
2.8 Neither the applicant not any of their representatives shall have the right to demand
nor shall the Association be obliged to provide any of the documents or information
submitted by the other applicants. Applicants and their representatives agree and
maintain that all acts, deeds and things done pursuant to the terms and conditions
hereof have and shall be done on a good faith basis. The Association shall be entitled
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 4 -
to rely bona fide on the statements, actions and representations to be made by the
applicants pursuant to this RFP document and the Association will not be required to
make any independent verification of the same.
2.9 The Association reserves the right not to respond to questions raised by the applicants
or provide clarifications, or defer answering any questions, in its sole and absolute
discretion. Nothing in this RFP document shall be taken or read as compelling or
requiring the Association to respond to any question or provide any clarification. For
questions of a general nature, copies of answers/clarifications may, at the
Association’s sole discretion, be provided to all applicants without disclosing the
source of the questions. No extension of any deadline referred to in this RFP
document will be granted on the basis or ground that the Association has not
responded to any question or provided any clarification.
2.10 All acts, deeds and things done or caused or intended to be done by the Association
hereunder are based on and in reliance of the applicant’s acceptance of the terms and
conditions of this Disclaimer, which is hereby acknowledged to be legally binding.
The applicant agrees to abide by and comply with the terms hereof and agrees not to
do anything which is in variance with the terms of this Disclaimer contained in this
Section 2. The applicants are deemed to acknowledge that their participation in this
selection process will not create or confer upon them any rights or expectations and
any such rights or expectations are hereby denied.
3. CONFIDENTIALITY
3.1 This RFP document (and the contents thereof) are private and strictly confidential
documents and are for the use and perusal only by the applicants. This RFP document,
including any documents released, information provided and discussions as part of the
selection process, is strictly confidential and should not be divulged to any party who
is not directly involved in the preparation of the response. Additionally, all
information gained during the RFP or during associated processes, will remain
confidential by the applicant. No divulgence of information or publicity will be
allowed unless specific written authorization is obtained from the IBA.
3.2 It is a condition of this RFP that the information provided herein is for the purpose of
allowing applicants to submit proposals to the IBA. Likewise, all information returned
by applicants, will be treated in confidence subject to Section 9.7 herein below. The
responses received from the applicants shall remain as the property of the IBA and
shall not be returned to the applicant.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 5 -
4. BACKGROUND INFORMATION
4.1 Over the last decade, the telemarketing industry in India has undergone significant
changes in the technologies and methods used to contact consumers. The number of
telemarketing calls has risen steadily; and consumer frustration with unsolicited
telemarketing calls is on a continuous rise. The number of telemarketing calls, along
with the increased use of various technologies to contact consumers, has heightened
public concern about unwanted telemarketing calls and control over the telephone
network. The Association is of the view that consumers should be given the
opportunity to determine for themselves whether or not they wish to receive
telemarketing calls.
4.2 The Reserve Bank of India (“RBI”) has responded to these challenges by enacting
certain guidelines dated November 21st, 2005 (“RBI Guidelines”) which, inter alia,
required banks to establish their own ‘do-not-call’ registries. Pursuant to the RBI
Guidelines, banks were given a time period of two (2) months from the date of issue
of the RBI Guidelines to establish and maintain a do-not-call registry containing the
phone numbers (both cell phones and land line phones) of consumers as well as non-
consumers who have informed the bank that they do not wish to receive unsolicited
calls/SMS for marketing of its credit card products. The RBI Guidelines required the
intimation for including an individual’s telephone number in the do-not-call-registry
to be facilitated through a web-site maintained by the bank or on the basis of a letter
received from such a person addressed to the bank.
4.3 Based on the response received from the banks which have implemented their own
‘do-not-call’ registries pursuant to and in accordance with the RBI Guidelines, it is
evident that the adoption and implementation of such registries by banks has
generated a positive response from consumers. It is believed that consumers
overwhelmingly support the adoption of such registries. Consumers believe that
unwanted telemarketing has reached the point of harassment that constitutes an
invasion of privacy within their homes. In fact, a writ petition was filed in the
Supreme Court of India in 2005 wherein the petitioner argued that such unwanted
calls amounted to an unfair trade practice and more importantly, an infringement of
the petitioner’s right of privacy. Taking note of this issue, the Supreme Court of India
issued notices to the central government, all cellular operators and multinational
banks seeking a law to ban such unsolicited calls.
4.4 The Association is committed to banking best practices and, as such, tasked the
Governance sub-committee of the ICC to explore the possibility of the establishment
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 6 -
and operation of a single common database to compile a list of telephone numbers of
consumers who do not wish to receive telemarketing calls. The main objective of the
task force was to ensure the harmonization of the various independent do-not-call
registries maintained by the banks pursuant to the RBI Guidelines to the greatest
extent possible by establishing a common registry which could prove to be the most
efficient and economical means for consumer registrations and access for compliance
purposes.
4.5 The Association recognizes that effective telemarketing is a legitimate method of
offering goods and services, and benefits to consumers. It further recognizes that
effective telemarketing promotes competition in the banking industry which is,
ultimately, for consumers’ benefit. Thus, the Registry that the Association proposes
be established will permit consumers who prefer not to receive telemarketing calls
relating to banks’ financial services products to contact one centralized registry to
effectuate this preference. Telemarketers would be required to refrain from calling
consumers who have put themselves on this registry. The Association intends to strike
an appropriate balance between maximizing consumer privacy protections and choice,
whilst ensuring effective competition in the banking industry.
4.6 In developing the Registry, the Association has the following primary considerations:
(a) to ensure the accuracy and validity of the consumer telephone numbers added to
the Registry; (b) to ensure the capacity of the system to handle the potential volume of
consumer requests to be placed on the Registry and other requests as may be required
based on the construct of the Registry; (c) to ensure the security of the information
maintained in the Registry; (d) to ensure the accessibility of the Registry to law
enforcement and regulatory agencies; and (e) to ensure the lowest possible system and
operational costs in connection with the operation and maintenance of the Registry.
4.7 As referenced in 4.5 above, the proposal is designed to permit consumers who prefer
not to receive telemarketing calls relating to banks’ financial services products to
contact one centralized registry to effectuate this preference. This will allow
consumers to stop unwanted telemarketing calls by registering their telephone
numbers with the Registry at no cost (save that standard network SMS charges for
SMS registrations). Consumers would be able to do so by three methods: (i) through a
call from the phone number that they wish to register, (ii) via SMS or (iii) online
(over the internet). Telemarketers would be required to refrain from calling consumers
who have put themselves on the Registry. Telemarketers will also be required to pay
fees to “scrub” their calling lists against the telephone numbers in the Registry.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 7 -
4.8 The compliance by the Telemarketers to the objectives of the Registry and
enforcement of any non-compliance thereof will be a top priority of the Association.
In guiding its future enforcement plans, the Association recognizes that the
Government of India recently introduced a bill in the Rajya Sabha (the upper house of
the Indian parliament) on unwanted solicited calls titled “The Prevention of
Unsolicited Telephonic Calls and Protection of Privacy Bill, 2006” (“Bill”). The Bill
was introduced in the Rajya Sabha on the 12 th of May, 2006 and is meant to prohibit
unsolicited telephone calls by business promoters or individuals to persons not
desirous of receiving such calls and for the protection of privacy of its citizens. In the
event that the Bill is passed, the IBA will adhere to its mandates.
4.9 In determining enforcement priorities, the IBA will continuously review the consumer
complaint data and conferring with appropriate governmental and state agencies
including, without limitation, the RBI to make sure that appropriate enforcement
actions are taken to redress any violations that are reported to the IBA.
5. METHODS OF OPERATION
5.1 The Association envisions the following as possible methods of operating the
Registry. Consumers who wish to enroll and register their numbers with the Registry
could do so by calling a number from the telephone line they wish to register and
accessing an automated system. Their calls will be answered by an Interactive Voice
Response (IVR) system. The consumer will be asked to enter on its telephone keypad
the telephone number from which the consumer is calling. The system will also
capture the automatic number identification (“ANI”) of the number calling the
system. The system will automatically check the entered number against the ANI
data. If the number entered matches the ANI, the caller will be advised that the
number is registered, and the telephone call would end. If the numbers do not match,
the caller could be given instructions and/or options on how to register properly.
5.2 Consumers wishing to enroll and register their numbers with the Registry could also
do so by sending an SMS to a pre-assigned number. The system would automatically
identify the number from which the SMS was being sent and add it to the Registry.
An SMS would be sent back advising the consumer that the number is registered.
5.3 At a minimum, the processes described in sections 5.1 and 5.2 above would validate
that the individual registering a telephone number is calling/SMSing from the
telephone line being registered, and that the individual knows the number he or she is
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 8 -
registering. This validation helps ensure that only consumers who actually wish to be
placed on the “do-not-call” list are placed there. Following successful registration a
caller will need to be informed of the “thirty (30) day” period following which the
registration will become effective. The Association proposes that consumers also be
notified in the IVR/SMS response message that the Registry will prevent most, but
not all, telemarketing calls. The effectiveness and value of the Registry depends
largely on an informed public. Therefore, the IBA also intends to emphasize in its
educational materials and on its website the purpose and scope of the objectives that it
is trying to achieve.
5.4 As an alternative method, consumers who choose to register over the Internet will
have the choice to do so by registering online using a process whereby: (a) the
consumer enters his or her telephone number and e-mail address and presses
“submit”; (b) the consumer sees a screen with their information as entered, checks for
errors, and when correct, clicks “register”; and (c) to complete the registration, the
consumer receives a confirmation email from the Registry, which must be opened and
a link contained therein clicked on, within seventy-two (72) hours, to complete the
registration process. Consumer registrations will remain valid for a period of two (2)
years, and phone numbers that are disconnected or reassigned will be periodically
removed from the Registry.
5.5 It is proposed that registration through a telephone call or SMS would cause the
consumer to be registered in a way that causes all Telemarketers to be required to
refrain from making telemarketing calls to that consumer, and a consumer would need
to be made aware of that at the outset to the call or via an automated SMS response.
Online registration would allow a consumer to opt for certain banks to continue to be
able to make telemarketing calls to that consumer. It is important that the Registry’s
database is on a recognized and proven technological platform, rather than a
proprietary development and should provide a simple and cost effective process for
scrubbing data to ensure disconnected and reassigned numbers are removed.
5.6 For the scrubbing of Telemarketers’ lists, Telemarketers will be required to upload
their telemarketing prospects list to the Registry, which will perform the comparison
of the supplied list with the numbers registered and provides the Telemarketer with a
list of numbers to which telemarketing can take place. When uploading lists,
Telemarketers will be required to provide certain information regarding the uploaded
numbers, including the name of the bank of behalf of which the telemarketing calls
are to be made to each such number.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 9 -
5.7 Because the registration process will be completely automated, updates will occur
continuously. Consumer registrations will be added to the Registry at the same time
they register or at least within a few hours after they register. The Registry will be
available for uploading lists and scrubbing on a constant basis so that Telemarketers
can upload files at any time. In addition, the person at the IBA in charge of
administering the Registry (“Association Administrator”) will (subject to the
cooperation of the telecommunication companies and either directly or through the
vendor operating the Registry) endeavour to check all telephone numbers in the
Registry each month against telecommunications companies’ databases, and those
numbers that have been disconnected or reassigned will be removed from the
Registry.
5.8 Authorized officials of the IBA, Indian law enforcement agencies and the RBI may
need to access the Registry for enforcement or other authorized purposes. The
Association anticipates that such access could be available though a secure internet
website. Validation would have to occur to ensure that only appropriate persone are
allowed access to the Registry. Once secure access is achieved, information in the
Registry should be sortable and downloadable, as necessary. The information in the
Registry, including dates of consumer registration and Telemarketer access to the
Registry, will need to be maintained for a sufficient period of time to allow for
effective enforcement and tracking purposes.
5.9 Telemarketers will be charged a fee to access the Registry and a system will have to
be developed to bill, process, and recover those fees. After payment is processed, the
Telemarketer will be given an account number and permitted to submit files to the
Registry for scrubbing. Consumers will not be charged to register their telephone
number in the Registry save that standard network SMS charges will apply to SMS
registrations.
5.9 The expenses incidental to the establishment and administration of the Registry shall
be met from the fees charged to the Telemarketers. The Association believes that the
costs of the Registry will fall into three major categories. First will be the actual costs
of developing and operating the Registry, ensuring Telemarketer access to the
Registry, ensuring timely scrubbing of submitted numbers and managing IBA, law
enforcement and RBI access to appropriate information. Second will be consumer and
business education efforts. Third will be the costs of Registry infrastructure and
administration, including changes in information technology structural support
necessary to handle anticipated increases in consumer complaints and requests from
the IBA, law enforcement agencies and the RBI for access to such complaints.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 10 -
Therefore, the Association anticipates that the fees received by the Registry from the
Telemarketers will be used to offset these costs.
6. SCOPE OF SERVICES
6.1 This RFP document contains four different services for which a vendor is needed.
These services, which are described more fully below, contemplate the need for:
a. the acceptance and processing of Telemarketer applications and consumer
registrations;
b. the maintenance of two databases: the first database containing a list of
information pertaining to consumers who register their preference not to receive
telemarketing calls at the registered telephone numbers (such list, the “No-Call-
List”), the other containing a list of Telemarketers registered in the Registry,
whether group or individual (collectively, the “Registered Entities”) who wish
to utilise the No-Call-List;
c. the ‘scrubbing’ of numbers submitted by Registered Entities to the Registry such
that those numbers are checked against numbers registered in the No-Call-List
and, if a submitted number is not registered in the No-Call-List, the Registered
Entity is informed accordingly; and
d. making available initial and updated No-Call-Lists, Registered Entities lists, as
well as registered complaints, to the IBA and other entities including, without
limitation, the law Indian enforcement agencies.
6.2 The vendor will be required to accept applications and fees from persons wishing to
become Registered Entities. The vendor must be able to provide applications to such
persons wishing to become Registered Entities no later than June 1, 2007. The vendor
shall retain applications for a period of five (5) years from date of receipt and shall not
transfer or destroy these records until receiving written permission from the IBA to do
so.
6.3 The vendor shall be required to provide a toll-free telephone number, a number to
which SMS registrations can be sent and an internet address for persons to use in
order to register on the No-Call-List. RegistrationsApplications must be possibleobnty
four (24) houseven (7) days a week via at least twoone (12) methods maintained by
vndor. The toll-free telephone number, SMS number and internet mail address shall
be obtained by the vendor and shall be accessible no later than June 1, 2007. The
Association IBA will retain theight of use of the toll-free number, SMS number and
internet address. Within [●]15 days of the effective datf any contract executed as a
result of this RFP, the vendor shall provide the Association Administrator with the
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 11 -
proposed toll-free telephone number, SMS number and internet address for review
and approval. Additionally, on or before [●]June 1, 2007, the vendor shaprovide
mock-ups of the internet pages that the vendor proposes to use to the Association
Administrator for review and approval.
6.4 The vendor must accept an application and accompanying fee from Registered
Entities who wish to be provided with access to the No-Call-List for the purposes of
having their telemarketing prospect lists scrubbed. All entities which wish to become
Registered Entities will be required to complete an application. The application will,
at a minimum, be required to include: the applicant’s name, mailing address and
charter documents. Other information that may be included in the application will be
determined by the IBA in conjunction with the vendor at a later date.
7. CREATION AND MAINTENANCE OF DATABASES
7.1 The vendor will be required to create and maintain two databases: one comprised of
telephone numbers to be placed on a comprehensive No-Call-List at the consumer’s
request, and the other comprised of Registered Entities wishing for the vendor to
scrub their telemarketing prospects’ numbers against the No-Call-List. At all times,
the IBA shall have exclusive ownership of the databases and all information obtained
in the creation and operation of the No-Call-List.
7.2 The information that will be required in the No-Call-List will include, among other
things, the telephone number to be included on the No-Call-List (including area code),
date on which the registration application was received and the manner in which the
application was received (i.e. phone, SMS or internet). The information required in
the Registered Entity database will include, among other things, the legal name of
Registered Entity; its Permanent Account Number (PAN), the name that the
Registered Entity will use when contacting the public (which could be the name of the
financial institution on behalf of the which the relevant telemarketing calls are to be
made), the telephone number of the Registered Entity’s complaint/compliance
contact, the address of the principal place of business of the Registered Entity’s
complaint/compliance contact; the date on which the application to become a
Registered Entity was received; and the nature of business and applicable certification
number for the Registered Entity (issued by any official governmental or regulatory
body or agency).
7.3 By June 1, 2007, the vendor shall provide a working model of the databases for
testing, demonstration, and acceptance review by the IBA. The databases shall be
fully operational and ready for use on July 1, 2007.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 12 -
7.4 The databases shall be designed and created using a recognized and proven
technological platform, rather than a proprietary development. The vendor must have
the capability to upgrade the databases to future versions of the platform as required
by and in conjunction with the IBA. Any software licenses required by the IBA to
utilize an application development tool shall be obtained and provided by vendor at
no cost to the IBA.
7.5 The vendor shall be responsible for updating the No-Call-List and the Registered
Entity database.
7.6 The vendor must take all reasonable and necessary steps and measures to ensure the
integrity and security of the databases. The vendor shall take all reasonable and
necessary steps and measures to secure both the database hardware and software and
to prevent unauthorized access to database information. Such measures shall include
but shall not be limited to: web server/data store server security, virus/anti-virus
protection, and firewall security with the main secured database. The vendor shall
develop and implement a disaster recovery plan, which plan shall be subject to
approval by the IBA. The disaster recovery plan shall include, but is not limited to,
the daily backup of the databases, to be stored offsite in a secure and fireproof
environment. In addition, the vendor will store the physical server housing the
databases in a physically secure area to prevent any misuse or tampering.
7.7 The vendor shall maintain and administer the databases in accordance with the highest
professional standards by following and applying applicable technical guidelines and
industry standards. The quality of service provided by the vendor shall be as follows:
a. The databases shall not be “down” save for periods which shall not exceed 8
hours per week and which have been pre-approved by the IBA. For purposes of
this sub-section, “down” shall mean that a database is not fully operational and
capable of allowing the input, collection, processing, storage, reporting and
retrieval of data as contemplated by the contract. The vendor shall prepare a
quarterly report that summarizes the database performance and allows the IBA to
monitor compliance with this provision.
b. No more than one (1) call in 20 calls shall receive a busy signal when calling the
toll-free access number established by the vendor.
c. No SMS should be rejected when sent to the SMS number for the purposes of
registration in the No-Call-List.
d. Files must be submitted electronically by Registered Entities in formats to be
agreed between the vendor and the Association Administrator, but which formats
shall be common file formats in India. Each submitted number will also
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 13 -
reference the bank on behalf of which the telemarketing call is proposed to be
made. The vendor shall cause each submitted number to be checked against the
No-Call-List and shall determine if the number may be telemarketed to by or on
behalf of the stated bank. Within 3 hours of submission, the Registered Entity
shall be informed if the number may be called for telemarketing purposes by or
on behalf of the stated bank and the duration for which that approval shall remain
in force.
e. The vendor shall report major service problems to the Association Administrator
within 2 hours of the onset of such problems.
7.8 The vendor will, in a professionally acceptable and appropriate manner, answer
questions regarding the use of the databases from subscribers and Registered Entities.
The vendor is not required to answer complaints from subscribers regarding
compliance with and enforcement of the program but is required to assimilate
information regarding each complaint in a format required by the Association
Administrator from time to time. The vendor will refer all questions and complaints
regarding compliance and enforcement to the IBA. For up to two years after
termination or expiration of the contract, the vendor shall be available to provide
testimony, documentary evidence, and any other assistance deemed necessary by the
IBA at any administrative or legal proceeding regarding enforcement of the No-Call-
List at no additional cost to the IBA.
8. ACCESS TO REGISTRY INFORMATION
8.1 The vendor will be required to provide access to the No-Call-List database to the IBA
and any other agencies notified by the IBA at the IBA’s direction, including but not
limited to Indian law enforcement agencies and the RBI.
8.2 The IBA will have password protected, unlimited access to the databases. Electronic
access will include suitable interface on the Internet with searchable access to all the
information contained in the databases. Additionally, the vendor shall provide the
Association Administrator with quarterly reports, which at a minimum, contain the
following information:
The total number of subscribers who registered for the database during the
previous quarter;
The total number of telephone numbers on the No-Call-List to date;
The total number of Registered Entities who have submitted data for scrubbing
and the number of numbers scrubbed;
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 14 -
The total number of all Registered Entities who have submitted data for
scrubbing and the number of numbers scrubbed to date;
8.3 The No-Call-List and information obtained through the applications and/or renewals
of subscribers is not transferable and cannot be resold. No person or other entity will
be permitted to sell, rent, lease, purchase, or use the No-Call List for any purpose
except compliance with the objectives of the Registry and to prevent telemarketing
calls to telephone numbers on that list.
8.4 The applicant will mention in its response to this RFP the proposed fees that the
applicant deems fit to be charged to register an entity as a Registered Entity as well as
the fees to be charged on an ongoing basis to scrub data through the Registry. The
applicant should also mention in its response its its unying assumptions in relation to
the Registry including but not limited to the number and velocity of registrations for
the No-Call-List, the number of Registered Entities and the number of numbers that
the Registry would periodically scrub. No sooner tmay not increase its request a f
forar following the public launch of the Registry, and then only by providig the
IBAAssociationtten request to do so containing all pertinent informationnotice.
Thesociationfy the vendor of its decision no later than [●]60 days fter suca request
isbeing receiy the IBAAssociation. The IBAAssociation notify the vendor of the date
on which any change in the fee structure shall be effective. Fees paid to the vendor as
referenced above shall be considered as income to the vendor and subject to
applicable tax laws.
9. INFORMATION REQUIRED FROM APPLICANTS
9.1 All proposals must include an offer to perform each of the services described in this
RFP and listed under Sections 6, 7 and 8 of this RFP. Applicants planning to combine
with other applicants in a common effort should provide a complete proposal that
includes all of the requested information for all applicants involved.
9.2 A proposal must be submitted in the format outlined below. Prepare consecutively
numbered pages with index tabs for each section, as outlined below.
a. Only entities that have experience and expertise in maintaining databases
similar to the no-call-list databases are eligible for an award of any contract
resulting from this RFP. Submit documentation establishing that the applicant
has experience and expertise in maintaining databases similar to the no-call-list
databases.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 15 -
b. State in succinct terms the applicant’s understanding of the requirements
presented in this RFP as well as the other matters reference in section 8.4 above.
c. Prepare consecutively numbered pages with index tabs for each section, as
outlined below.
d. Prepare a narrative description of the proposed effort, which shall include, but
not be limited to, a list of tangible and intangible work products that will be
delivered; a proposed timeline for the creation of databases; and the manner in
which the databases will be operated. There should be a separate narrative
description for each of these work tasks.
e. Submit a work plan that specifically identifies the tasks or steps the applicant
intends to undertake to accomplish the requirements outlined in this RFP. Task
descriptions are to be the guide in describing the applicant’s technical plan for
accomplishing the work. The task descriptions should be very detailed in order to
afford the Association a thorough understanding of the work plan. Applicants are
cautioned that their proposal may be rejected if their work plan does not include
specific recommendations of how each of the task descriptions will be
accomplished.
f. Identify any relevant qualifications, including studies or projects, in addition
to the eligibility documentation submitted under Section 9.2(a) of this RFP.
g. Provide the name of the individual proposed as project leader for each work
task, together with a detailed resume of their experience conducting similar
efforts should be provided. Also, provide a detailed resume for each individual --
executive, professional, management analyst, systems analyst, auditor, staff
consultant or other official who will be engaged in the work, describing the
qualifications applicable to the performance of the tasks. Please include an
organizational chart showing reporting relationships of team personnel. The
Association must be notified of any personnel changes in which individuals
assigned to work on this project are relieved of their responsibilities.
h. Identify any conflict of interest relationships between the applicant or its
employees or its associate or affiliates companies may have in connection with
the proposal to establish the Registry and the extent, nature and time aspects of
those relationships. If there have been no such relationships, a statement to that
effect shall be included in the proposal. The Association in its sole discretion will
determine if a conflict of interest exists and whether it renders the applicant
ineligible. Failure to provide the statement on potential conflicts of interest will
automatically disqualify the proposal from further consideration.
i. Describe the financial capability of the organization to complete the work
required. The applicant must demonstrate that it has the assets and resources
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 16 -
available to fulfill any resulting contract for services. Acceptable evidence
includes a recent audited financial statement from a certified public accountant,
compiled financial report or statement from a certified public accountant or
banker.
j. Contain the applicant’s their charter documents, the name and address of its
promoters and directors, a copy of a certified board resolution approving the
submission of a proposal in respect of this RFP and undertaking the
establishment, implementation and maintenance of the Registry if selected by the
Association, a copy its PAN as well as its income tax returns for the past three
(3) financial years.
9.3 The IBA reserves the right to select a proposal based on the ability of the applicant to
provide the best value to the IBA and the banking industry generally, in addition to
the ability of each applicant to carry out all of the requirements contained in this RFP,
demonstrated competence and qualifications of the applicant and the reasonableness
of the proposed fees.
9.4 Additions or replacements to the proposal will not be accepted after the closing date
for receiving the proposal. However, the applicant must furnish additional information
that the IBA may reasonably require as requested. After a successful applicant is
selected and a written contract is awarded to such applicant, the work plan must be
reviewed and approved in final form by the IBA or its designated representative. The
IBA will have a minimum of 15 days for review and comments. The selected
applicant must work with the IBA staff to clarify and/or modify any items.
9.5 The selected proposal will be incorporated into a contract prepared by the IBA for
signature by the contracting parties. The resulting contract shall contain these
provisions: The vendor shall hold Association harmless from and shall indemnify
Association against any and all claims, demands, and causes of action of whatever
kind or nature asserted by a third party and occurring or in any way incident to,
arising out of, or in connection with wrongful acts of the vendor, its agents,
employees, and subvendors, done in the course of the contract project. The vendor
must commence and perform project activities according to the schedule described in
the work plan. Cost and schedule overruns may result in performance penalties, up to
and including monetary penalties of Rs.50,000 per day, imposed by the IBA.
9.6 The IBA will notify each applicant in writing of their selection or non-selection. The
responses received from the applicants shall remain as the property of the IBA and
shall not be returned to the applicant.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 17 -
9.7 Following selection of the successful applicant, responses to this RFP are subject to
release as public information unless the response or specific parts of the response can
be shown to be exempt from disclosure under applicable law. Applicants are advised
to consult legal counsel regarding disclosure issues and to take appropriate
precautions to safeguard trade secrets and any other proprietary information. The
Association assumes no obligation for asserting legal arguments on behalf of potential
applicants. If an applicant believes that a proposal or part of a proposal is confidential,
then the applicant must so specify. The applicant must stamp in bold red letters the
term “CONFIDENTIAL” on the part of the proposal that the applicant believes to be
confidential. The applicant must submit in writing specific detailed reasons, including
relevant legal authority, stating why the applicant believes the material to be
confidential. Vague and general claims to confidentially will not be accepted. The
IBA will be the sole judge as to whether a claim is general or vague in nature. All
proposals and parts of proposals that are not marked as confidential will be
automatically considered public information after the contract is awarded.
9.8 The Association will not be liable for any costs incurred in the preparation and
submittal of a proposal in response of this RFP. The Association will also not be
liable be pay for any other expenses that an applicant may incur in connection with
the selection process or otherwise. In no event will the Association be liable to any
applicant for any claims, whether for costs or damages incurred by the applicant in
preparing a response to this RFP, loss of anticipated profit in connection with any
final contract, or any other manner whatsoever.
10. CONDITIONS FOR SUBMISSION OF PROPOSALS
10.1 Proposals submitted in response to this RFP must meet the following conditions to be
considered for selection. Facsimile or/and electronic submissions of proposals will not
be accepted under any circumstances.
PROPOSALS MUST BE WRITTEN ENTIRELY ON A4 PAPER. PROPOSALS
SHOULD INCLUDE NECESSARY APPENDICES AND ATTACHMENTS.
PROPOSALS SHOULD BE STAPLED IN THE TOP LEFT CORNER OR BOUND
IN A 3-RING BINDER.
PROPOSALS MUST BE SUBMITTED IN A MANNER THAT DOES NOT
CARRY ANY BENEFIT, KEEPSAKE, OR VALUE FOR MEMBERS OF THE
REVIEW PANEL.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 18 -
Proposals in response to this RFP should include a cover page that clearly states the
name of the applicant and the name, address and telephone number of the applicant’s
contact person who may be contacted directly regarding the proposal. The cover page
should be signed by the person authorized to sign on behalf of the applicant which
will be meant to bind the applicant to the statements made by the applicant in the
response to this RFP. The cover page should be the first page of the proposal whether
as part of the bound proposal or otherwise.
10.2 AUTHORITY
This RFP is being issued pursuant to the request for information (RFI) that was issued
by the IBA, a copy of which is attached at Annex 1. The IBA will work with the
vendor in establishing and operating the Registry. The IBA will have the right to
select an entity which will enter into a contract with the successful applicant for the
operation of the Registry.
10.3 ANTICIPATED SCHEDULE OF ACTIVITIES
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 19 -
List of Activities Proposed Timeline
Publish RFP December 14, 2006
RFP questions from applicants due to IBA December 31, 2006
Deadline for submission of proposals January 13, 2007
Staff evaluation of proposals January 19-February 9,
2007
Post proposal interviews if deemed necessary February 11- February
28, 2007
Staff Recommendation for selection March 1, 2007
Selection approved by IBA March 10, 2007
Contract negotiated/signed by April 2, 2007
Commencement of project activities July 1, 2007
Disclaimer: Dates are subject to change. Dates for the selection of a proposal may, in
the sole discretion of the IBA, be announced earlier than the dates stated above.
10.4 RFP AVAILABILITY
This RFP will be published on the following Web site: at www.iba.org.in. A proposal
may also be obtained by sending a written request to:
Name: Mr. V Ramchandran, Vice President, The Indian Banks’ Association
Address: 6th Floor, World Trade Centre–1, Cuffe Parade, Colaba, Mumbai – 400 005.
Email: [email protected]
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 20 -
10.5 QUESTIONS REGARDING THE RFP PROCESS
Any person wishing to obtain clarifying information about this RFP must submit
questions in writing on or before December 31, 2006. Questions may be submitted by
e-mail to the e-mail address mentioned below. Questions received after December 31,
will not be answered unless the IBA determines that the information requested is
critical for a proper response by all potential applicants. Questions submitted by email
should be directed to:
Mr. V Ramchandran, Vice President, The Indian Banks’ Association
Email: [email protected]
Answers to all written questions timely received will be posted on the IBA website
within 2 working days of submission to the IBA. However, this Section 10.5 is
subject to the disclaimer contained in Section 2.9 and applicants are advised to refer
to the disclaimer contained in Section 2.9 of this RFP document.
10.6 TIMING/DEADLINE FOR SUBMISSION OF PROPOSALS
The times stated in this document refer to Indian Standard Time (IST) where
appropriate. The applicable time deadline for proposals is 5 p.m., January 14, 2007. A
proposal received after this deadline will not be considered. Submit one (1) original
and six (6) copies (seven (7) total) of the proposal to:
Name: Mr. V Ramchandran, Vice President, The Indian Banks’ Association
Address: 6th Floor, World Trade Centre–1, Cuffe Parade, Colaba, Mumbai – 400 005.
Applicants should also submit one (1) copy of the proposal on a CD-ROM with the
understanding that the CD-ROM does not replace the hard copies. The CD-ROM
must be the same as the master hard copy. Where applicable, the documents shall be
in Microsoft Word-Office 2006 format.
10.7 ORAL PRESENTATION
Certain applicants may be required to make an oral presentation of their proposal to
IBA staff evaluating the responses. The IBA has set aside dates for possible oral
presentations by respondent(s) receiving the highest score(s) after staff evaluation.
10.8 RECEIPT OF PROPOSALS
In establishing the time and date of receipt, the IBA will rely solely on the time/date
stamp of the records of the IBA.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 21 -
10.9 METHOD OF SUBMISSION
The proposal should be filed under seal attached to the cover letter in the same
project. The proposal may be submitted by mail, hand-delivery, or private delivery
service. Facsimile or/and electronic submissions will not be accepted.
Note: The IBA WILL NOT accept a postmark and/or round validation stamp, mail
receipt with the date of mailing stamped by the Department of Posts, a dated shipping
label, invoice or receipt from a commercial carrier, or any other documentation as
proof of receipt of any proposal. Applicants are advised that the IBA assumes no
responsibility, due to any circumstances, for the receipt of a proposal after the
deadline time and date established in this RFP.
10.10 SOLE POINT OF CONTACT
This RFP is issued by the IBA, which is responsible for selecting the vendor to
establish and maintain the Registry. The IBA will be the sole point of contact for
issues regarding this RFP document.
10.11 COMPENSATION OF SELECTED BIDDER
The selected applicant shall be compensated for establishing and maintaining a
Registry at the prices, terms and conditions established in its contract with the IBA.
The IBA will approve the fees to be charged by the vendor during the negotiation of
the contract.
10.12 SELECTION CRITERIA
The evaluation team will select a proposal based on the ability of the applicant to
provide the best value to the IBA and the banking industry generally. In addition, the
applicant’s ability to carry out all of the requirements contained in this RFP,
demonstrated competence and qualifications of the applicant, and the reasonableness
of the proposed fees will be considered.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 22 -
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 23 -
10.13 REVIEW OF PROPOSALS
An evaluation team will be selected by the IBA. Evaluation of proposals will begin as
soon as practical after receipt. The team will meet to discuss the proposals relative to
one another and will make a recommendation for selection or further action.
Applicants receiving the most favorable ratings from the evaluation team may be
asked to send a representative for oral presentation and discussion of the project.
Proposals may be rated again following oral presentations. Recommendations of the
evaluation team will be assembled and presented to the IBA or its designee who will
either (1) approve the recommended selection in whole or in part, (2) disapprove the
recommendation, (3) defer action on the selection for such reasons as a requirement
for further evaluation or (4) approve a different action. Each applicant will be notified
in writing of the final action taken on the proposal submitted. In the case of the
selected proposal, contract negotiations will commence shortly after notification.
10.14 EVALUATION OF BIDS.
Notwithstanding anything to the contrary contained in this RFP, the IBA has the right,
exercisable at its sole and absolute discretion, to accept or reject any bid made by an
applicant, without assigning any reason therefore. The IBA is not obligated to any
applicant to disclose the reason(s) for its decision in relating to the selection of the
vendor.
10.15 REASONS FOR DISQUALIFICATION.
Notwithstanding anything to the contrary contained in this RFP document and without
prejudice to any of its rights or remedies of the IBA, the IBA shall be entitled it its
sole discretion to determine that the applicant is to be disqualified and its participation
in this process of selection dropped from further consideration for any of the reasons,
including, without limitation, the following: (a) if a misrepresentation/false statement
is made by the applicant, at any stage of the selection process, whether it its proposal,
supporting documentation or otherwise, whether written or oral; (b) if the proposal
submitted by the applicant is in any respect inconsistent with, or demonstrate any
failure to comply with, the provisions of this RFP: (c) failure to comply with any
material requirement of this RFP as determined by the IBA; (d) failure to comply with
the reasonable requests of the IBA in relation to this selection process; or (e) it is
discovered at any time that the applicant is the subject matter of winding up/
insolvency or other proceedings of a similar nature.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 24 -
10.16 CONTRACT TERMS.
The contract that the IBA will enter into with the successful applicant will be for a
defined time period. The scope of work will cover periodic program evaluation and
adjustment. The applicant and the IBA will negotiate compensation for any extended
work. Notwithstanding anything contained herein, notice in writing to an applicant
that it has been selected as a vendor will not constitute a contract nor give the
applicant any legal or equitable rights or privileges. Only if a successful applicant and
the IBA enter into a written contract, as a result of an RFP, will such applicant acquire
any legal or equitable rights or privileges.
10.17 CERTIFICATION OF APPLICANT.
By sending a proposal in response to this RFP, the applicant is deemed to have
certified the following:
a. Applicant has not given, offered to give, nor intends to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to an employee or officer of the
Association in connection with this RFP.
b. Neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from participating in the
submission of a response to this RFP or any RFP of a similar nature by any
governmental department or agency.
c. Applicant has not received compensation from Association, or any agent,
employee, or person acting on Association’s behalf for participation in the
preparation of a response to this RFP.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 25 -
Annex 1
IBA/ICC’s Proposed National Do-Not Call Registry
The Indian Banks Association (“IBA”) and the Indian Cards Council (“ICC”) are seeking information that may assist in the development, deployment and operation of a proposed national registry of telephone numbers of consumers who do not wish to receive telephone calls from banking telemarketers for financial products or services (“telemarketers”). The IBA and ICC are also soliciting information to determine the availability of capable contractors that can accomplish this task. This is a Request for Information ("RFI") only. It is issued solely for information and planning purposes. It does not constitute a Request for Proposals ("RFP") or a promise to issue an RFP in the future. This RFI does not commit the ICC or IBA to contract for any supply or service whatsoever. Neither the IBA nor the ICC will pay for any information or administrative cost incurred in response to this RFI.
Background: -
On November 21st, 2005, the Reserve Bank of India (“RBI”) issued a set of “Guidelines” which, inter alia, required banks to establish their own ‘do not call’ registries. Following consideration of ‘do-not-call’ registries in the USA and in Canada, the IBA and ICC, in conjunction with the RBI and MasterCard International, agreed, on February 14th, 2006, to task the Governance sub-committee of the ICC with exploring the possibility of establishing a national “do-not-call” registry. The proposal, if adopted, would permit consumers who prefer not to receive telemarketing calls relating to banks’ financial services products to contact one centralized registry to effectuate this preference. Telemarketers would be required to refrain from calling consumers who have put themselves on this registry. The IBA and ICC anticipate that telemarketers would need to access the do-not-call registry on at least a fortnightly basis in order to ensure the remove from their telemarketing lists of those consumers who have placed themselves on the national registry.
For the purposes of this RFI, ‘telemarketing’ is defined as “the use of telecommunications facilities to make unsolicited calls for the purpose of solicitation where solicitation is defined as the selling or promoting by a bank of a financial services product or service, whether directly or indirectly and whether on behalf of another party.” It does not include calls made by or on behalf of banks to their customers in relation to a product or service already supplied by the bank to the consumer provided such call relates to the operation, security or servicing of that product or service.
In developing this proposed registry, the IBA and ICC have five primary considerations. The IBA and ICC want to ensure: (1) the accuracy and validity of the consumer telephone numbers added to the registry; (2) the capacity of the system to handle the potential volume of consumer requests to be placed on the registry and other requests as may be required based on the construct of the registry; (3) the security of the information maintained in the registry; (4) the accessibility of the registry to telemarketers and law enforcement and regulatory agents; and (5) the lowest possible system and operational costs.
If a national "do-not-call" registry is adopted, the IBA and ICC envision the following as possible methods of operating this system.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 26 -
Consumers who wish to enroll in the national registry could do so by calling a number from the telephone line they wish to register and accessing an automated system. The system could capture the automatic number identification ("ANI") of the number calling the system. The system could then validate the origin of the call by asking the caller to enter, on his or her telephone keypad, the number of the telephone line the caller wishes to register. The system could automatically check the entered number against the ANI data. If the numbers match, the caller could be advised that the number is registered, and the telephone call would end. If the numbers do not match, the caller could be given instructions and/or options on how to register properly. At a minimum, this process would validate that the individual registering a telephone number is calling from the telephone line being registered, and that the individual knows the number he or she is registering. This validation helps ensure that only consumers who actually wish to be placed on the "do-not-call" list are placed there. Following successful registration a caller would need to be informed of the “30 day” period following which the registration will become effective.
As an alternative method, consumers can register online using a process that is similar to the US registry on www.donotcall.gov whereby:
a) The consumer enters his or her telephone number and email address and presses “submit”;
b) The consumer sees a screen with their information as entered, checks for errors, and when correct, clicks “register”;
c) To complete the registration, the consumer receives a confirmation email from the registry, which must be opened and a link contained therein clicked on, within 72 hours, to complete the registration.
It is proposed that registration via a telephone call would cause the consumer to be registered in a way that causes all telemarketers, including the consumer’s own bank, to be required to refrain from telemarketing to that consumer, and a consumer would need to be made aware of that at the outset to the call. Online registration would allow a consumer to opt for certain banks to continue to be able to telemarket to that consumer.
The registry’s database should be on a recognized and proven technological platform, rather than a proprietary development and should provide a simple and cost effective process for scrubbing data to ensure disconnected and reassigned numbers are removed.
Two models for the scrubbing of telemarketers lists are being evaluated:
The first is that each telemarketer is required, at least once per fortnight, to download phone numbers registered by consumers on the registry and to compare its telemarketing prospects list against those registered numbers such that any number registered with the registry is removed from the telemarketing prospects lists by the telemarketer.
The second is that telemarketers upload their telemarketing prospects list to the registry, which performs the comparison of the supplied list with the numbers registered and provides the telemarketer with a list of numbers to which telemarketing can take place.
Telemarketers who do business in India may need to access the registry as frequently as once per fortnight. In addition, appropriate IBA, ICC and possibly RBI employees (as well as authorized agencies on behalf of the IBA, ICC and/or RBI) may need to access the registry
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 27 -
for enforcement or other authorized purposes. The IBA and ICC anticipate that such access could be available though a secure Internet website. Validation would have to occur to ensure that only appropriate entities are allowed access to the registry. Once secure access is achieved, information in the registry should be sortable and downloadable, as necessary. The information in the system, including dates of consumer registration and telemarketer access to the registry, will need to be maintained for a sufficient period of time to allow for effective enforcement and tracking purposes.
Fees will be charged for accessing the registry and a system will have to be developed to bill, process, and deposit those fees. There may also need to be a system to collect unpaid accounts. Consumers will not be charged to register their telephone number in the registry.
The basic details of the system outlined above may change as a result of the comments received in response to this RFI.
Information Requested: -
In responding to this RFI, the IBA and ICC ask potentially interested vendors to submit information on the following subjects. All responses should be a maximum of 20 pages, excluding printed marketing brochures and corporate or product information. Please number your answers to match the question numbers below.
1. Is the proposed system outlined above feasible and practical? Is there an alternative system that can be developed which provides an equal or greater level of consumer validation, registry security, and registry accessibility at a lower cost?
2. Briefly describe the system you would be capable of providing to the IBA and ICC should the proposed "do-not-call" registry go into effect. Include a brief description of the technical architecture of your proposed system, the methods used to handle the potential volume of consumer requests to register, and the security measures, including the tracking and accounting of disclosures, you would put into place to protect the registry information.
3. Briefly describe how you would allow telemarketer and enforcement agencies access to the registry. How would the potential size of the registry affect that access? Note that telemarketers with different levels of technical sophistication may need to access the registry. Also describe how you would ensure or authenticate that only appropriate entities obtain access to the registry information.
4. What procedures could be established to update and scrub the numbers in the "do-not-call" registry and, in particular, which of the two models for the scrubbing of telemarketer’s lists is most practical and efficient?
5. What procedures could your system offer to consumers who want to verify that their numbers have been placed in the "do-not-call" registry and to consumers who want to delete or change their information contained in the registry?
6. Describe the specific billing and collection methodologies and mechanisms you would use in respect of the fees to be charged to access the registry.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 28 -
7. Describe your expectations concerning the rights you would maintain in any part of the proposed system you would develop. The IBA and ICC expect that the data collected in the registry would be the IBA’s property and cannot be used for any purpose other than for telemarketers to come into compliance with the telemarketing sales rules as described in the Guidelines.
8. Describe your suggestions regarding the receipt, validation and investigation of complaints received in respect of unauthorized telemarketing.
9. Provide estimates of the cost of your proposed system, in total and/or per transaction. Indicate the amount of those costs necessary to build or develop the system and the amount necessary to operate it. Do any of these cost estimates change based on the volume of transactions that occur?
10. Provide an estimate of the time necessary for you to implement your proposed system.
11. Briefly describe your company, products, services, history, ownership and any other information you deem relevant. In particular, describe any projects you have been involved in that are similar in concept to what is described in this RFI, including management and operations approach, security requirements, and any relevant lessons learned.
12. Include any comments on the structure of the requirements for a formal RFP response.
13. Identify the commercial performance matrix and incentives that should be used.
/tt/file_convert/54b4d4784a795982318b45f2/document.doc - 29 -