REQUEST FOR PROPOSAL FOR End-to-End ... - BOI | Bank of India

RFP for “End to End Solution for Merchant

Acquiring Business”, Ref. No.: CPD/RFP/CM/2020-21/02; 10.08.2020

REQUEST FOR PROPOSAL

FOR

End-to-End Solution for

Merchant Acquiring Business

RFP REF NO: CPD/RFP/CM/2020-21/02

Date: 10/08/2020

of 139



INDEX

The products and services required, bidding procedures, contract terms and conditions are

prescribed in the RFP. The Bidding Documents include:

PART CONTENT Page No.

PART 1 Invitation to Bid 3-5

PART 2 Disclaimer 6-10

PART 3 Instructions for Bidders (IFB) 11-45

PART 4 Terms and Conditions of Contract (TCC) 46-66

PART 5 Technical & Functional Specifications (TFS) 67-70

PART 6 Bid Forms, Price Schedules and other forms (BF) 71-105

PART 7 Schedule of Dates, Amounts, etc. (SDA) 106-139

of 139



PART 1: INVITATION TO BID

1.1 Background

Bank of India is a state owned banking and financial services PSU based in India.

Having 5089 branches as on 31st March 2020 in India spread over all states/ union

territories including specialized branches. These branches are controlled through 55

Zonal Offices. There are 60 branches/ offices and 5 Subsidiaries and 1 joint venture

abroad.

Bank is inviting Bids from the bidders to provide end to end solution for Merchant

Acquiring Business in Bank of India as well as Regional Rural Banks and subsidiaries

of Bank of India on an OPEX (operational expenditure) model.

1.2 Objective

The Bank plans to implement end to end solution for its Merchant acquiring business.

The solution deployed should be a state of the art software suite, ensuring scalability,

risk mitigation, volume sustainability, and business intelligence and be configurable to

different requirements. The solution will have to be upgraded by the Vendor free of

cost any time in the event of any changes / modification / new regulatory requirements

or reporting requirements which warrants compliance. The solution would need to be

interfaced to the CBS and other 3rd party solutions to meet the business requirements.

The purpose of this RFP is to obtain competitive proposals for solution that meet the

Merchant acquiring Business and related activities. The solution deployed should meet

the requirements as listed in Part 5 Technical & Functional Specifications (TFS). Any

up gradation or modification required by the Bank during the period of contract has to

be provided free of cost by the vendor.

1.3 Schedule of Bid submission / Address for communication

The interested vendors may collect this RFP from the Information Technology

Department, Head Office located at the address as mentioned on page 4 after

depositing a non-refundable Demand Draft / Pay Order for Rs. 25,000/- (Rupees Fifty

Thousand Only) + GST favouring Bank of India. The RFP/bidding document /pre bid

clarifications can also be downloaded from the Bank’s website

http://www.bankofindia.co.in under Tenders section. However, the bidder shall have

to submit a Demand Draft/ Pay order as above along with the bid.

1) The earnest money deposit for the bid is of Rs.10, 00,000/- (Rs. Ten Lakhs Only) by way of Bank Guarantee (format as per Format 6.4) from any of the public sector banks or reputed private sector bank (other than Bank of India) in an acceptable form

http://www.bankofindia.co.in/

of 139



favouring “Bank of India – EMD for End-to-End Solution for Merchant Acquiring Business Ref No. CPD/RFP/CM/2020-21/02 dated: 10/08/2020”, Mumbai. No interest shall be allowed on the Earnest Money. Bids without Earnest Money are liable for rejection.

2) The EMD (Bank Guarantee) and cost of bid (in form of DD/PO only) will be submitted in a separate envelope. No other mode will be acceptable.

3) In this regard, a two POS-envelope bidding Procedure (Technical Bid and Price Bid) in separate envelopes will be adopted. The technically complete and commercially competitive bids shall be submitted in three parts viz. Qualifying Eligibility-Part A, qualifying and Technical Bid – Part B and Price Bid – Part C in separate sealed cover.

4) The Bids should be delivered to the address mentioned below with acknowledgement due so as to reach before 15.30 hours on or before 01/09/2020. If the last day of submission of bid is declared holiday under Negotiable Instruments Act by the Government subsequent to the issuance of RFP, the next working day will be deemed to be the last date of submission of the Bid. The bids, which are received after the above mentioned date and time, are liable to be rejected at the discretion of the Bank.

5) The Bank shall not be liable for non-delivery of documents due to Postal/Courier delay or loss of documents in transit etc., if any, in submitting the Bid. The Qualifying & Technical Bid shall be opened in the presence of Bidders on 02/09/2020 at 04:00 PM. in the below mentioned Premises. The Bidder’s representative may be present during the Technical Bid opening at our Office well in time along with the authorization letter from the bidder’s company.

1.4 Bid Details in Brief

Date and Time of commencement of inspection / Sale of Bid Document

10/08/2020

Pre bid meeting 25/08/2020, 03:00 PM Venue: Bank of India Star House-2, ‘G’ Block, Head Office, Information Technology Department; eighth floor, Bandra Kurla Complex, Bandra (East),Mumbai – 400 051

Last Date and Time for Receipt of Bids at Bank of India (Address as given below)

01/09/2020, 03:30 PM

Date and Time of opening of Technical Bids

02/09/2020, 04:00 PM

of 139



Address for Communication and submission of bid.

The General Manager, Bank of India Star House-2, ‘G’ Block, Head Office, Information Technology Department; eighth floor, Bandra Kurla Complex, Bandra (East),Mumbai – 400 051 Telephone: 022 6131 9458 / 2931 / 2925 Email: [email protected]

Bid document Availability Bidding Document to be downloaded from the Tender section of our Bank’s web-site www.bankofindia.com

For any technical clarification, the contact person are Shri Chinmaya Mishra, Chief Manager

email-([email protected]), Ph.No.-022-61312931 and / or Shri Harish

Kumar Chief Manager email-([email protected]), Ph. No. 022-61312925.

http://www.bankofindia.com/

mailto:[email protected]


of 139



PART 2: DISCLAIMER

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

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

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

on the terms and conditions set out in this RFP document and all other terms and

conditions subject to which such information is provided.

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

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

bidder(s) with information to assist the formulation of their proposals. This RFP does

not claim to contain all the information each bidder may require. Each bidder should

conduct its own investigations and analysis and should check the accuracy, reliability

and completeness of the information in this RFP and where necessary obtain

independent advice. Bank makes no representation or warranty and shall incur no

liability under any law, statute, rules or regulations as to the accuracy, reliability or

completeness of this RFP. Bank may in its absolute discretion, but without being under

any obligation to do so, update, amend or supplement the information in this RFP.

2.3 The RFP document is not a recommendation, offer or invitation to enter into a

contract, agreement or any other arrangement in respect of the services. The provision

of the services is subject to observance of selection process and appropriate

documentation being agreed between the Bank and any successful bidder as identified

by the Bank after completion of the selection process. No contractual obligation

whatsoever shall arise from the RFP process until a formal contract is executed by the

duly authorized signatory of the Bank and the vendor.

2.4 This RFP is floated only for the selection of eligible bidder. The Content of the RFP

is only indicative which remains in force till final contract is signed between the Bank &

the selected bidder. Under no circumstances the content of this RFP should be treated

as exhaustive in preparing the agreement for the final Contract.

2.5 The RFP document contains statements derived from information that is believed to

be true and reliable at the date obtained but does not purport to provide all of the

information that may be necessary or desirable to enable an intending contracting party

to determine whether or not to enter into a contract or arrangement with Bank in relation

to the provision of services. Neither Bank nor any of its directors, officers, employees,

agents, representative, contractors, or advisers gives any representation or warranty

(whether oral or written), express or implied as to the accuracy, updating or

completeness of any writings, information or statement given or made in this RFP

document. Neither Bank nor any of its directors, officers, employees, agents,

of 139



representative, contractors, or advisers has carried out or will carry out an independent

audit or verification or investigation or due diligence exercise in relation to the contents

of any part of the RFP document. Bank reserves the right to cancel the entire Bidding /

RFP process at any Stage without assigning any reason whatsoever.

2.6 Subject to any law to the contrary, and to the maximum extent permitted by law,

Bank and its directors, officers, employees, contractors, representatives, agents, and

advisers disclaim all liability from any loss, claim, expense (including, without limitation,

any legal fees, costs, charges, demands, actions, liabilities expenses or disbursements

incurred therein or incidental thereto) or damage (whether foreseeable or not) (“Losses”)

suffered by any person acting on or refraining from acting because of any presumptions

or information (whether oral or written and whether express or implied), including

forecasts, statements, estimates, or projections contained in this RFP document or

conduct ancillary to it whether or not the Losses arises in connection with any ignorance,

negligence, casualness, disregard, omission, default, lack of care, immature

information, falsification or misrepresentation on the part of Bank or any of its directors,

officers, employees, contractors, representatives, agents, or advisers.

2.7 Independent External Monitors (IEM)

Bank of India has empanelled Independent External Monitors (IEMs) for implementation of

Integrity Pact (IP) in respect of procurements as per directives received from the Central

Vigilance Commission (CVC).

The details are as under:-

1 2

Dr. Joginder Paul Sharma, IAS

(Retd)

Ex-Principal Secretary. Govt. of UP

D-266, Sector-47,Noida, UP

Mobile: 9650999444

e-mail: [email protected]

Shri Ashwani Kumar

Ex-CMD, Dena Bank

Flat No. 101, 1st Floor

Plot No. F.P. No.81, Ruby Bandra

West Ruby CHSL, 29th Road,

Near Duruoella Convent High School.

Mumbai

Mobile: 9920262626

Email:[email protected]

2.8 Integrity Pact

Venders/bidders/sellers, only those who commit themselves to Integrity Pact with the Bank,

would be considered competent to participate in the bidding process. In other words, entering

into this pact would be the preliminary qualification. In case of bids not accompanied with

signed IP by the bidders along with the technical bid, the offers shall be summarily rejected.

The agreement shall be stamped as applicable in the State where it is executed. Bid submitted


of 139



without PRE-CONTRACT INTEGRITY PACT, as per the format provided in the RFP, shall not

be considered.

IP shall cover all phases of contract i.e. from the stage of Notice Inviting Tenders (NIT)/Request

for Proposals (RFP) till the conclusion of the contract i.e. final payment or the duration of

warrantee/guarantee. Format of Pre Contract Integrity Pact is provided on Annexure - P for

strict compliance.

Important Event Dates

Sr. No.

Event Description Date

1. Date on which bid document will be made available

10/08/2020

2. Pre-Bid Meeting Date and Venue

25/08/2020, 03:00 PM Venue: Bank of India Star House-2, ‘G’ Block, Head Office, Information Technology Department; eighth floor, Bandra Kurla Complex, Bandra (East),Mumbai – 400 051

2. Last Date and Time for Submission of Bid

01/09/2020 03:30 PM

3. Date and time of opening Qualifying & Technical Bid

02/09/2020 04.00 PM

of 139



Abbreviations used in this Document:

1 BG Bank Guarantee

2 BOM Bill of Material

3 DD Demand Draft

4 DES Data Encryption Standard

5 DR Disaster Recovery

6 EMD Earnest Money Deposit

7 EMV Euro, Master and Visa

8 FRM Fraud Risk Management

9 GST Goods & Services Tax

10 IT Information Technology

11 LD Liquidated Damage

12 NI Act Negotiable Instruments Act

13 NPCI National Payment Corporation of India

14 OEM Original Equipment Manufacturer

15 OS Operating System

16 PCI- DSS

Payment Card Industry Data Security Standard

17 PDI Pre Delivery Inspection

18 PIN Personal Identification Number

19 RFP

Request For Proposal [Interalia the term ‘Tender’ is also used]

20 RRB Regional Rural Bank

21 SI System Integrator

22 TM Technology Management

23 VAT Value Added Tax

24 LBT Local Body Tax

25 EDC Electronic Data Capture

26 PoS Point of Sale

27 PSTN public switched telephone network

28 GPRS General packet radio service

29 MPoS Mobile Point of Sale

30 AMEX American Express

31 TLE Terminal Line Encryption

of 139



31 UKPT Unique Key Per Transaction

32 DUKPT Derived Unique Key Per Transaction

33 PA- DSS

Payment Application-Data Security Standard

34 DCC Dynamic Currency Conversion

35 DRS Disaster Recovery Site

36 BCP Business Continuity Plan

of 139



PART 3: INSTRUCTIONS FOR BIDDERS (IFB)

TABLE OF CLAUSES

Clause

No. Topic

Claus

e No. Topic

A. Introduction 3.18 Format and Signing of Bid

3.1 General D. Submission of Bids

3.2 Broad Scope of Work 3.19 Sealing and Marking of Bids

3.3 Deliverables 3.20 Deadline for Submission of Bids

3.4 Eligibility Criteria 3.21 Late Bids

3.5 Cost of Bidding 3.22 Modification & Withdrawal of Bids

B. Bidding Documents E. Bid Opening and Evaluation

3.6 Content of Bidding Documents 3.23 Opening of Bids by the Bank

3.7 Clarification of Bidding

Documents 3.24 Clarification of Bids

3.8 Amendment of Bidding

Documents 3.25

Preliminary Examination

C. Preparation of Bids 3.26 Evaluation & Comparison of Price

Bids

3.9 Language of Bid 3.27 Contacting the Bank

3.10 Documents comprising the Bid F. Award of Contract

3.11 Bid Form

3.28 Post qualification

3.12 Bid Prices 3.29 Award Criteria

3.13 Bid Currencies 3.30 Bank’s Right to Accept Any Bid and

to Reject Any or All Bids

3.14

Documents establishing

Bidder’s Eligibility and

Qualifications

3.31 Notification of Award

3.15

Documents establishing

eligibility of products &

conformity to Bid Documents

3.32

Applicability of Preference to Make

in India, Order 2017 (PPP-MII

Order)

3.16 Bid Security 3.33 Signing of Contract

3.17 Period of Validity of Bids 3.34 Performance Security

of 139



A. Introduction

3.1 General

i. Bank of India (hereinafter referred to as BOI or Bank) wishes to put in place end

to end solution for Merchant Acquiring Business in Bank of India and a minimum

uptime time of 99.98%.

ii. Solution will also have to be extended to the Bank of India sponsored RRBs for

which only implementation cost will be paid by the Bank.

iii. Towards this end, BOI wishes to select a competent vendor who will be able to

deliver / implement the required solution and integrate the same with the Banks’

applications of respective and that of RRBs. Vendor will also be required to

support Bank and RRBs in integration of future solutions, which Bank/RRBs are

going to procure.

a) Requirement Details

a. Bank is indenting to acquiring 1,00,000 nos of POS / MPOS terminals within next

five years as per the latest configurations available in the market and deliver the

same to the successful bidder for installation of these terminals at various

locations. POS and MPOS terminals would be deployed. However this number

will not be binding on the bank and successful bidder will be paid same rates for

any number of terminals managed by them.

b. MPOS terminals should support at least 3 of 4 services like (i) Regular card

present transactions, (ii) QR Codes, (iii) UPI, (iv) BHIM Aadhar Pay out of which

(i) & (ii) are mandatory.

c. 50,000 Digital POS based Merchants each year are planned for the next five

years. However, as per market trends, it is envisaged that requirement of

POS/EDC terminals i.e. POS, advanced POS and M-POS shall be in the ratio of

40, 40 and 20 which may vary in future. (Please refer to Annexure-H for category

of POS terminals mentioned under the column Particulars)

d. Bidder is expected to source the merchants from markets on their own and as

well as on the basis of leads provided by the bank.

of 139



e. Bidders should raise monthly invoices basing on the actual deployment. Though

the Bank has plans to on-board merchants as indicated in the above paragraph,

actual deployment may vary depending on various factors. The above quantities

are indicative in nature.

f. The contract period will be for a period of 5 years from the date of agreement

signed. If so desired by the Bank, the contract may be extended for another

period of one year (one year) from the date of its expiry on the same terms and

conditions. However bank will have the right to cancel the agreement, in case

services of the vendor not found satisfactory and/or bank plans to come out of

the activity, in that case bank will not be liable for any compensation to the

successful bidder.

g. Bidders have to quote rates in commercial bid. Service provider will be selected

on the basis of technical qualification and lowest bid, with proper weightage and

marks stipulated in the format: 6.3.

h. Service provider will take on operation of existing terminals in phased manner.

Every month the terminals, which has completed 36 months with the existing

vendor will be handed over to the new vendor. New vendor will replace the

terminal from the stock available with them and take over old data and

operations.

3.2 Broad Scope of Work

3.2.1 Terminals

The scope of RFP involves storage, and deployment of EDC/POS Terminals (PSTN, GPRS,

MPOS, QR Code, AEPS POS, Soft POS and android based POS) etc. to be installed at

Merchant Locations for acceptance of all types of cards (Credit, Debit, pre-paid, contact or

contact less), issued in association with VISA, MasterCard & RUPAY (also AMEX/Diner

and/or any other Bank/association if desired by the bank) etc. by the Bidder and routing

the transactions to Bidder’s Switch and then to the appropriate interchange switch viz., VISA

or MasterCard or RUPAY or (AMEX/Diner and/or any other Bank/association ,if desired by

Bank).

Scope of the RFP also includes migration of entire data of existing merchant acquiring

business of the bank through EDC/POS terminals, by the bidder at their cost from the

existing service provider, wherever required.

The successful bidder will be required to install, give training to ME and maintain them and

also offer services including deployment of the EDC/POS terminals, terminal driving,

switching, FRM, merchant help desk, consumables, marketing, enrolment of Merchants,

merchant app, field services, transaction settlement, reconciliation of EDC/POS

of 139



Transactions and handling chargeback management. Accordingly the Bank desires to offer

the EDC/POS Machines delivery and operational channel to Merchant Establishments

enrolled by Bank.

Vendor will raise the bill to the bank on Monthly basis, for operational expenses for all the terminals maintained by him, from the next month after certificate from the ME for successful working of the terminal installed.

i. The EDC/POS terminals being deployed will be-

Chip-compliant and capable of PIN acceptance for chip cards.

Have unique double length Terminal Master Key.

In the approved terminal list of the EMV Companies.

POS/EDC Terminals must have the facility of LCD screen to display

the amount of Transaction.

UKPT Compliant

biometric enabled

QR code enabled

NFC enabled

NCMC Compliant

UPI enabled

The machines procured should be PCI-DSS and PA-DSS compliant as per latest compliance standard released by PCI Council.

ii. The successful bidder should be capable of installing and maintaining them or

any other type may be required by the Bank.

iii. Service provider should be PCI-DSS compliant as per latest compliance

standard released by PCI Council as on the date of RFP.

iv. Any Card payment application used must be PA-DSS Compliant.

v. The Bidder will be required to be fully compliant to MOF/RBI/Bank or any other

statutory body directives and upgrade all systems in future directives of

MOF/RBI/Bank or any other statutory body at no extra cost to the Bank, Bidder

has to ensure compliance of all Advisories including latest one i.e. No 2/220 issued

by Department of Supervision, Central Office, Cyber Security & IT Risk

(CSITE) Group on Securing Payments Ecosystem – Purchase Return Fraud

dated 07.04.2020.

of 139



vi. The POS/EDC terminals for fuel merchants will be PESO (Petroleum and

Explosives Safety Organization) certified/compliant, bidder will be required to

manage them.

vii. The service provider should be able to manage NFC (Near Field

Communications) terminals and its systems should be compatible to process

the transactions through NFC cards.

viii. To provide details regarding Database Design, Table Structure, Application

Programming Interface etc. so as to give the Bank , sufficient insight on

working of the application or software.

ix. To provide adequate training and operational guidelines to designated bank-

staff for data extraction, conversion and uploading tasks, Report Generation

Software / Tools installed.The Bank may provide a centralized location for

training or may ask the successful vendor to give training at different centres

required by Bank in India. Training at regular intervals – once in 3 months at

identified 10 to 15 centres anywhere in India.

x. Any up gradation or modification required by the Bank to be provided free of

cost by the vendor.

xi. The solution should have the capability to integrate with Finacle or any other

third party solution as required by the Bank.

xii. Further, the system integrator or bidder should be able to provide the

necessary interfaces with our existing Service Provider/s. This includes

Finacle, Data warehouse or any other solution as needed by the Bank.

xiii. To avoid rising risk & theft over GPRS, bidder existing GPRS EDC

infrastructure should be on private & dedicated APN (Access Point Name) for

EDC machines.

xiv. In case, Bank procures POS terminal from other supplier, same is to on-board

without any extra cost to Bank. It has to be ensured that the product is

compatible with presently working equipment, applications and linkages.

xv. The service provider should have the capability to support Value Added

Services on POS terminals viz. PC-POS integration, Dynamic Currency

Conversion (DCC), EMI, Cash@PoS, BQR on POS, Mobile/DTH top-up, Bill

of 139



payments, Wallet acceptance, Data Analytics, other payment options such as

QR Code, Aadhar Enabled Payment System (AEPS), NFC based payment,

NCMC card acceptance etc, and any other new feature which may come in

use in future at no extra cost to Bank.

xvi. Successful bidder will also be required to do the auto batch closing process on

daily basis, credit to ME account and recover monthly expenses from ME account through efficient and automated process.

xvii. The scope of RFP involves sourcing of merchant from market and installation

of EDC Terminals at Merchant Locations for acceptance of all types of cards issued in association with VISA/Master Card/ NPCI and/or any other scheme as per Bank requirement, by the Bidder and routing the transaction to Bidder's Switch and then to the appropriate interchange switch viz., VISA/MasterCard/ NPCI or any other scheme. The successful bidder will be required to take the delivery, in bulk, arrange for warehousing the stock, insure the stock and arrange for the delivery to ME and install them at ME location as per Bank directions after uploading the required chip at his own cost and maintain them and also offer services including provision, deployment, installation of the EDC terminals, terminal driving, switching, merchant help desk, consumables and field services.

The Bank desires to offer the EDC Machines delivery channel to:

A. Merchant Establishments

B. Subsidiaries and RRBs

C. Any other organisation as per Bank’s requirement. 3.2.2 Switching Services

The broad guidelines for the switch handling processing merchant transactions

of VISA/MasterCard & Rupay or any other scheme Affiliated Cards are listed

below:

i. The switch should be capable of processing, operations, in-line with RBI/VISA/

MasterCard/NPCI Guidelines and should have direct connectivity in India with

MasterCard/VISA and NPCI, Amex / Diners /Discover/JCB/CUP etc.

ii. The Acquiring Switch and Systems being used to be certified as per latest PCI-

DSS Standards.

iii. The Bidder should have its switch certified for credit, debit, pre-paid card and

UPI acquiring in India by VISA /MasterCard/ NPCI or any other Bank or

institution

of 139



iv. The switch should be certified for credit /debit card acquiring in India by VISA /

MasterCard/ NPCI and any other bank/ Institutions and should have capability

to make them capable and certified for acceptance of any other present/ future

cards (may be AMEX/ Diners etc. Cards)

v. The switch should have VAP / MIP/ Rupay connectivity in India to provide the

necessary connectivity to the Bank for routing VISA / MasterCard/ RUPAY

transactions.

vi. The bidder should have the facility of

a) Charging differential MSF rate to merchants for different types of Cards.

b) Fixing the mark-up for Bank to ensure dynamic pricing for each

transaction.

vii. Bidder need to get its switch certified for all the payments switch at its own cost

& all the onetime fees needs to borne by the bidder.

viii. Should provide network monitoring and ensuring connectivity.

ix. Bank already has established products like credit card, debit cards, prepaid

card, and fraud & risk management tool. Bidder needs to establish & develop

connectivity at its own cost with Bank’s current credit card switch, debit card

switch, prepaid card switch & fraud & risk management tool. To save the

interchange cost for the bank & avoid risk for arising from the business, the

same shall be required to be in place from the beginning of the deployment of

terminals.

x. Adequate and tested Disaster Recovery and Business Continuity Plan must be

placed as per the latest guidelines.

xi. Building on-us pipe with Bank’s Switch for credit, debit & prepaid cards or any

other switch as directed by the Bank for direct routing of on-us transactions,

without any separate cost to Bank.

xii. Integration with switch/system acquired by us/to be acquired in future, without

any extra cost to the Bank.

xiii. VA / PT for the communication/network equipment’s to be done by the bidder

on regular basis/quarterly as per the report provided by the bank without any

extra cost to the bank

3.3 Deliverables

The Bank is inviting offers from Bidders capable and experienced in all aspects

relating to Merchant Acquiring business by sourcing of merchants from market

and deploying Compliant EDC Machines capable of reading Chip card and PIN

acceptance for Chip cards, NCMC cards, at various Merchant locations across

the country and maintain them.

of 139



i. The terminals and Bidders system should be compliant to PCI DSS standards

and of reputed companies.

ii. The EDC terminals will be connected to the bidders switch for

routing/accounting of transaction and then to the VISA/MasterCard / NPCI and

/or any other Switch.

iii. The system should be capable of making the Merchant able to submit the daily

Transactions/Bills online to the bidder for settlement through Batch Settlement

Process.

iv. The bidder should have the capability to install of EDC terminals, Merchant

Management and Training, while the Bank will provide the Lead and necessary

assistance in sourcing the Merchants.

v. The bidder will be required to have a Merchant Helpdesk for attending to the

queries of the Merchants. Bidder shall also handle the settlement and payment

related queries by the Merchants of the Banks.

vi. The bidder will attend the Merchant’s complaint with in maximum T+1 day in

Metro and urban centres and T+2 day at other centres.

vii. The bidder shall provide bank specific app (in case of Mobile POS) which will

be compatible with IOS/android based smartphone. The app shall be available

in the app store/play store, so that the merchant can download the same.

viii. The necessary security features of the APP as per the existing guidelines needs

to be complied. The bidder needs to submit the necessary certificates certifying

the same.

ix. The bidder should upgrade the app as and when there is a requirement in order

to comply the RBI norms/security features without additional cost.

x. The bidder should provide a portal to have an integrated view which include

number of merchant, number of transaction processed, volume of transactions

processed, split between various card schemes, MDR, rental etc.

xi. The Terminal management System should have the ability to customize the

application, edit parameters, store all digital receipts and ability to view and

download the receipts.

of 139



xii. Monitoring tool to be provided by the Vendor to take appropriate action as

decided by the bank.

The Bidder shall comply with / provide confirmation on the following:

i. All the EDC terminals should be directly connected to the Bidder's switch for

providing Switch Services for acquiring transactions. The third party processor

switch should be duly certified by VISA/MasterCard/ NPCI and/or any other

scheme and comply with all administrative formalities and documentation

requirements of VISA/MasterCard/NPCI and/or any other scheme.

ii. The POS machine must have a facility to capture the signature digitally.

iii. The transactions would be routed directly to VISA/MasterCard/NPCI and/or any

other scheme for "Off-Us" transactions only. The Bidder should also be capable

of routing the "On-Us" (our Bank's Cards/Network Group Cards) transactions

from the EDC Terminals deployed for the Bank by dedicated network

connectivity between the Bidder's and the Bank's switch and the Credit Card

Management System (managed by the Bank's Third Party Service Provider).

The integration to the Bank's switch for routing debit cards and to the Bank's

existing credit card switch will have to be undertaken by the Bidder at its own

cost, including the cost of the communication network and equipment.

iv. The bidder should provide for Transaction and Merchant Monitoring reports for

monitoring of frauds and any suspicious transactions, these reports will be

routed to FRM solution for approval.

v. Successful bidder will be required to provide FRM solution to Bank. This FRM

solution will be integrated with the switch and generate alerts based on the rules

framed in the FRM solution. Bidder will be required to arrange 24X7 monitoring

team, for these alerts. Monitoring team will call the Merchant in case of these

alerts and will take appropriate decisions as per Bank directions.

vi. Bidder needs to deploy its own team of minimum 10 members at Bank premises

to carry out the routine daily business operations, initially. Strength will be

increase @ rate one person for additional 5000 terminals. The vendor personnel

shall have basic minimum qualification as per industry standard. Before

placement of the personnel, bank shall conduct interview of the personnel to

check their level of understanding of the industry. The vendor personnel shall

be placed on all days including holidays.

of 139



vii. The successful bidder will be required to provide additional value added

services prevailing in the market, mandated by RBI or introduced by other Banks

as per Bank requirements on the EDC terminals installed and managed by the

bidder. The bidder should be capable of providing as and when such services

are required by the Bank.

viii. To avoid risk on data theft, it’s mandatory for the successful bidder to comply

with Unique Key per terminals & bidder is required to have an existing installed

base & infrastructure for UKPT and DUKPT.

ix. Processing, Settlement & Reconciliation of files received from the Schemes viz.

VISA/MasterCard/Rupay etc. with the transaction record.

x. The vendor will be required to send reports as per the frequency and Bank’s

requirement. If some development will be required in their system for such

reports, bank will not pay anything extra.

xi. The vendor will be required to accommodate ME wise turner over in system for

FRM purpose.

xii. Each report will have details like Branch/Zone/NBG or any other details as per

Bank requirement.

xiii. Back-end transaction processing viz., capturing of transaction from POS

terminals / QR / other acceptance solutions, routing it to issuer through

VAP/MIP/NFS and any other interface or receiving response from card networks

etc., obtaining response from issuer and transmitting back the response to the

merchant.

xiv. Bidder is responsible for complete „End-to-End‟ reconciliation including

merchant level, GL level & Scheme level transactions. Bidder is responsible for

reconciliation of settlements including charge-backs, hold-over, re-

presentments, pre-arbitrations and arbitrations etc. as per laid down rules for

the purpose. Bidder is responsible to intimate the merchants for the disputes

received and collect the relevant documents on behalf of Bank by approaching

the merchants in timely manner and any other activity/action required, without

any extra cost to Bank.

of 139



xv. To develop, customize and periodical up-gradation of terminal application

software, from time to time, as per requirement of the Bank and in compliance

to the guidelines issued by the Government of India, Regulatory authorities and

other authorities, if any viz. RBI, DFS, MEITY, etc and Scheme Fees viz.

VISA/MasterCard/RUPAY etc, without any extra cost to Bank.

xvi. To upgrade the terminal application as per the mandates received from time to

time from the settlement agencies. i.e. VISA/MasterCard/RUPAY etc., at no

extra cost to Bank.

xvii. Periodical certification of the hardware, software and application as is

considered necessary at the cost of the bidder.

xviii. Merchant training on an ongoing basis on Bidder’s cost. Requirement of training

to be done as and when required.

xix. Dedicated Merchant Help Desk support through Call Centre is to be provided

by the Bidder during peak business hours of 7.00 A.M. to 11.00PM by deputing

at least One (1) Customer Care Executive for every 2500 PoS terminals.

Besides, the Bidder to make the IVRS services available on 24x7 basis for

addressing concerns/complaints of merchants, without any extra cost to Bank.

xx. Arrangement of Network Access Connectors (NACs): Bidder will ensure

adequacy of Bandwidth and provision for appropriate scalability of switching

services, without any extra cost to Bank.

xxi. Maintaining record of all successful and unsuccessful transactions logs in a

secured environment and sharing the same with Bank on a daily basis. Service

provider will retain the records for a period as per the specifications given by

Bank from time to time.

xxii. MIS with respect to POS terminal installation/de-installation/ WIP. Bidder will

provide application access to Bank for accessing the real time MIS.

xxiii. Bidder is required to bear entire Fraud & Risk Liability and, also to provide

effective Fraud & Risk management services. Addressing of charge backs, if

any arises, will be to the account of the bidder and all other issues like collection

of charge slips, making representation etc shall also be managed by the bidder.

of 139



xxiv. Capability to generate GST, FIRC certificates etc on a monthly or at a frequency

decided by the Bank and to provide GST data as per the format prescribed by

GST Council, GOI thereby enabling the Bank to remit GST amount as per

requirement of the GST Council.

xxv. Compliance to all our Bank guidelines along with guidelines of the Government

of India, Regulatory bodies and the Schemes, at no extra cost to the Bank.

xxvi. The Vendor should comply with Bank's IS Security policy and audit

requirements along with RBI audit, at no extra cost to the Bank.

xxvii. The bidder will be responsible and will facilitate the Audit and DR-Drill activities

on quarterly basis, as per requirement of the Regulatory Authorities/Bank, at no

extra cost to the Bank. Besides, any Inspection/Audit/DR drill activities called for

by the Regulator in addition to the above must be permitted by the Bidder, at no

extra cost to the Bank.

xxviii. Permission to Bank to conduct Audit of data, books (relating to BOI), IT

infrastructure etc. These Audits can be done by External agencies or Bank‟s

agencies. The vendor has to get itself annually audited by internal/ external

empanelled Auditors appointed by the Bank/ inspecting official from the Reserve

Bank of India or any regulatory authority, covering the risk parameters finalized

by the Bank/ such auditors in the areas of products (IT hardware/ software) and

services etc. provided to the Bank and the vendor is required to submit such

certification by such Auditors to the Bank. The Vendor and or his / their

outsourced agents / sub – contractors (if allowed by the Bank) shall facilitate the

same The Bank can make its expert assessment on the efficiency and

effectiveness of the security, control, risk management, governance system and

process created by the Vendor. The Vendor shall, whenever required by the

Auditors, furnish all relevant information, records/data to them. All costs for such

audit shall be borne by the Bank.

xxix. Generation of QR codes for QR acceptance and development, maintenance,

customization, integration & periodical upgrading of back-end system for

processing, reconciliation, settlement, dispute management etc pertaining to

QR Code payment system.

a) Merchant related Activities

Sourcing of the merchants from markets at its own and as well as on the basis of leads provided by the bank.

of 139



The deliverables shall also include the following:

i. Providing end-to-end (warehousing, insurance, logistic from warehouse to ME,

installation, maintenance, Fraud Risk Management, switching, report

generation and delivery, complaint management or any other activity as per

Bank requirement, for the EDC terminals including network connectivity.

ii. Sourcing of merchants

iii. Merchant Set Up and Training

iv. Merchant Authorization Processing

v. Merchant Activity Monitoring

vi. Suspect Activity Response and Merchant Termination.

vii. Bidder will have to manage the following mandatory responsibilities on behalf of

the bank & no separate out of pocket expenses shall be reimbursed to the

vendor. Vendor should quote their rates in the commercials bid, covering these

expenses.

SIM card procurement. Consumable procurements & Distribution Management & Installation of TMS Asset & logistic management Waybill, Octroi for bank owned terminals. Terminals supplier & repair management.

viii. Generating the exceptions and taking appropriate action with the approval of

the Bank.

ix. Generating and sending standard reports and other reports / MIS as defined by

the Bank.

x. Timely escalation to the Bank on exceptions.

xi. Provide EDC switching services.

xii. The POS Machine must have a facility to capture the signature digitally.

xiii. Managing the Merchant Relationship to ensure business volumes are submitted

by the merchant through the EDC terminals deployed on behalf of the Bank.

xiv. Management of DCC services as per request of the merchant.

xv. Management of FRM solution.

xvi. It’s mandatory for the vendor to have an existing experience of running the CUG

programmes for large institutions in India.

xvii. Data migration from the existing vendor to new bidder will be managed and

arranged by the successful bidder. Bank will not pay any extra cost for that.

xviii. Successful bidder will migrate the existing Merchant as and when tenure

(agreement of three year) of Machine with the exiting vendor get completed.

of 139



xix. The vendor will be required to connect with Bank’s Core Banking Server for

direct credit and debit to Merchant’s account through ISO/APIs.

xx. The vendor will share their APIs to Bank for capturing the leads for installation/

de-installation of terminals.

xxi. The vendor will share the android/ IOS based app for Merchant to generate

reports/MIS etc. for sale.

xxii. Sending In-App and SMS notifications to merchant in case of QR Transactions,

without any extra cost to the Bank.

xxiii. Development, maintenance, customization, integration and periodical up-

gradation of back-end system for processing of Electronic Toll Collection (ETC)

transactions coming from the switch/system acquired by us, as per procedural

guidelines issued by RUPAY, without any extra cost to the Bank.

xxiv. Development, maintenance, customization & periodical up-gradation of CRM

(Customer Relationship Management) tools which should include web-based

tool for complaint log-in & resolution, generation of complaint log number,

simultaneous generation and email & SMS code to merchants and closure of

complaints only after feeding of acknowledgement code in the CRM system etc.

xxv. Effective inventory management of PoS terminals by using related analytical

tools, provision of Dash Board showing active and inactive PoS terminals at real

time.

xxvi. The Bidder should pick up the PoS terminal from merchant‟s location within a

maximum period of 5 calendar days from approval for its de-installation from the

Bank. Bank will not be liable for any assistance in this regard.

xxvii. Turnaround time for installation and repair.

xxviii. Bidder must ensure that „Card present‟ transactions are strictly in line with RBI/

MOF/ IBA/ RUPAY/ MasterCard/ VISA/JCB-CUPI guidelines.

xxix. Bidder should be capable to deliver changes like Aadhar based authentication

on POS Machines as an additional factor of authentication or any up gradation

is required to be made in POS infrastructure to comply with MoF/ RBI/IBA

directives in future, at no extra cost to Bank.

xxx. The bidder has to ensure that the Product/POS terminals supplied are new,

unused, of the current model incorporating latest improvements in design/

features and these shall have no defect arising from design or from any act of

omission of the Service Provider. Before installation any new POS model bidder

shall obtain confirmation of bank.

xxxi. The bidder has to ensure that Products/POS terminals supplied by them has to

be replaced by improved features/designs in every three years.

xxxii. Bidder will provide application to access the MIS for monitoring the SLA till the

end of agreement.

of 139



xxxiii. The system integrator or bidder will be one point contact to provide the solution

to the Bank. The selected system integrator or bidder will provide the Bank a

complete solution including but not limited to supply, installation of required

software.

xxxiv. The Bank also reserves the right to inspect such installation/s while evaluating

the Technical Bid. The system integrator or bidder should obtain permissions

and bear all the expenses in this regard.

3.4 Eligibility Criteria

The eligibility criteria have been set keeping in mind the requirements of the Bank for

sourcing of merchants, supply, delivery and services for Merchant Acquiring Business

covering the length and breadth of the country. Since the support and services offered

by the Bidder will have a direct bearing on the reputation of the Bank, Bidders need to

have a proven track record, sufficient means and net worth. Only those vendors who

fulfil the following criteria are eligible to respond to the RFP. Offers received from

vendors not fulfilling all or any of the following eligibility criteria will be summarily

rejected.

i. The Bidder should be a Company incorporated in India with an Issued and Paid

up Share Capital of at least Rs. 15 Crore (Rupees Fifteen Crores), and net worth

of minimum Rs. 100 crore. (Rupees One Hundred Crores)

ii. The bidder should be registered as a company in India as per Indian company’s

act 2013 & operating for 5 years in India as on the date of RFP. The

MOA/AOA should have the provision of conducting the line of business

sought in the RFP.

iii. The Bidder should have yearly sales turnover of not less than 100 crore and

with operating profit for the last three consecutive years. The Bidder should

submit the audited annual financial statements of FY 2019-20, 2018-19, 2017-

18, certificate from a Chartered Accountant to be attached.

iv. The bidder should have its own warehouse spread most of the places across

India (Minimum 10 Cities) to manage/ store Bank’s terminals. Bidder will be

required to submit details of such warehouses with address and contact details.

v. The Bidder should have to ensure the concepts of the EDC / POS deployment,

processing, operations and management, preferably participating in

implementing similar projects in any of the Banks/Financial Institutions in

India, in-line with RBI/VISA/ MasterCard/NPCI Guidelines. Details of such

of 139



understandings and implementations need to be furnished along with the

proposal.

vi. The bidder should have experience for 5 years in managing & should have

required registration to manage/ maintain bank owned terminals.

vii. The bidder will be required to have own POS acquiring switch in India and

should have a proven track record of processing 20 lac transactions per day.

Bidder need to submit a certificate from PSB from India (At least one).

viii. The bidder’s switch should be certified for acquiring all existing payment

schemes to accept VISA/MASTERCARD/NPCI/AMEX/ NCMC transactions.

ix. The minimum number of transactions required to have switched through the

scheme will be a minimum of 25,000 EDC machines per Bank for any two Banks

in India out of which one should be PSB.

x. The bidder should have its own certified switch to acquire credit card, debit card,

pre-paid card and NCMC cards. The switch should be certified by

VISA/MASTERCARD/NPCI and should have capability to make the same

capable and certified for acceptance for any other present/ future cards.

xi. The Bidder should be a registered third party processor and member service

provider for VISA/MASTERCARD/NPCI and any other bank or institution.

xii. The bidder need to have its own direct connectivity in India with

MasterCard/VISA and NPCI. In future as per Bank requirement they will have

connectivity with other scheme networks such as Amex / Diners

/Discover/JCB/CUP etc.

xiii. To support GPRS Terminals, bidder should have private APN (machine to

machine as declared by DOT) in India to provide connectivity and to avoid rising

risk and theft of data over GPRS, bidder’s existing GPRS EDC infrastructure. It

must have dedicated APN from at least from two service providers in India.

Bidder needs to provide a certificate from the service providers on the same.

xiv. The Bidder must have a solution for soft POS with tap on phone in India.

xv. The bidder should have service offices on at least 200 locations spread across

in India, to support the Merchants. Bidder is required to submit addresses/name

and contact details of these engineers.

of 139



xvi. The Bidder should have handled similar projects as per the scope of the work

described for at least two public sector banks in India for minimum period of five

years and minimum 50000 terminals aggregate for all the Banks together and

minimum 10000 terminals for each Bank separately as on the date of RFP, in

line with RBI/Master card/VISA and NPCI guidelines, covering the same scope

of the services. The Bidder should own/ have a license to use the Merchant

Acquiring hardware and software processing and switching platform in-house

within India. Terminal mentioned in this clause must be physical POS terminals.

The bidder should not have any joint venture in Merchant Acquiring Business

for fulfilling the criterion mentioned in the clause.

xvii. The Bidder switch be certified by schemes for acquiring DCC transactions in

India.

xviii. The bidder should have experience in managing DCC business for at least two

Banks with annual DCC turnover of over Rs. 50 crore for a period of previous

three years.

xix. The bidder should have at least five years working experience in acquiring

business (End to End) as on the date of the RFP ( the time will start from the

date of first terminal has been deployed by the bidder for any Bank in India).

xx. The Bidder should be compliant with the Payment Card Industry-Data Security

Standards (PCI-DSS). The Acquiring Switch and Systems being used by the

bidder in India to be currently certified as per latest PCI - DSS Standards.

xxi. The Bidder should have its own/ hosted tier 3 certified primary Data Centre, with

Disaster Recovery Centre in India in different seismic zone, capable of providing

all types of services with respect to POS operations in India. The Bidder should

also have Business Continuity Plan in place.

xxii. The Bidder should have on line Risk management and Fraud Monitoring Tools

and techniques for monitoring of any suspected transactions, based on pre-

defined and dynamic Customized rules framed by them in consultation with the

Bank. Their System should have ability to provide transaction and merchant

monitoring process. The bidder should have minimum experience of three years

for handling fraud & risk management for at least two Banks in India.

xxiii. The Bidder should have charge back management system.

of 139



xxiv. The Bidder should have 24X7 centralized Call centre in India, with IVRS and

de-centralized ME Help Desk and contact merchant on FRM alerts, with multi

language support.

xxv. The Bidder should own or have a license to use of the Merchant Acquiring

hardware and software processing platform in-house within India.

xxvi. The Bidder should have its switch certified for credit, debit, pre-paid card and

UPI acquiring in India by VISA /MasterCard/ NPCI or any other Bank or

institution.

xxvii. The Bidder should be a registered Third party Processor and Member Service

Provider (TPP and MSP) for VISA/MasterCard/ Rupay and any other Bank or

institution issued credit and debit card acquiring business in India.

xxviii. The bidder must have VISA/MasterCard, NPCI certified host and Visa Access

Point (VAP), MasterCard Interface Processor (MIP), Rupay connectivity duly

certified at its own premises in India. The bidder should have capability to get

themselves certified for acceptance of any other present/ future cards (may be

AMEX/ Diners etc. Cards).

xxix. The bidder needs to have capabilities for direct connectivity with Banks/ its

partners for connectivity with its credit cards/ Debit cards/CUG cards/ other

switches.

xxx. The Bidder should have the capabilities to suggest and provide add-on

requirements related to monitoring of the Transactions (MIS, Fraud Alert

Reports, Velocity Reports and Add-on Tools, etc.) etc.

xxxi. The Bidder should be a registered Third Party Processor / Member Service

Provider (TPP / MSP) for VISA / MasterCard/ NPCI and any other present or

future entity (AMEX, Diners etc.) in India.

xxxii. The Bidder should not have any past reported/recorded incident of any breach

of security or data compromise, notified by the Bank/ IBA/

MasterCard/Visa/NPCI/ RBI or any other authorities during the past Five years

in India (this may not be for only POS related activities, but any other activity

handled by the Bidder).

xxxiii. The Bidder should not have been blacklisted by any Bank/ Financial

Institutions/ RBI/ Bank Association or any other Authority in India.

of 139



xxxiv. Consortium will not be permitted.

xxxv. The bidder should have permanent office in India with easy access.

xxxvi. The bidder should have branch/ service centers in India and list of branch /

service center / franchises with full details of Name, Address / Telephone

Number should be attached.

xxxvii. The Bank also reserves the right to inspect such installation/s while evaluating

the Technical Bid. The vendor should bear all the expenses in this regard. Site

visits by Bank’s Evaluation Team are mandatory and all the expenses incidental

to same are to be borne by Bank.

xxxviii. The bidder can offer own solution or a solution developed by an OEM and submit

Manufacturers (OEM) Authorization Certificate/Form.

xxxix. The application software offered should have adequate redundancy, fault

tolerance and Disaster recovery arrangement.

xl. The solution proposed by the system integrator or bidder should have been

operationalized and continue to be in successful operation in at least two Private

/ Public Sector Undertaking Bank /Foreign Bank in India or abroad having

minimum business mix of Rs. 2 lakh crore as on 31.03.2020 for at least three

years. Certification of satisfaction of the service from respective bank is to be

submitted.

A summary of one such project implemented must be enclosed with the Technical Bid,

giving the following details:

Name of the Client

Number of Branches

Nature of the Project

Scope of the Project

Project Deliverables

Architecture of the solution implemented

Date of award of Contract

Date of commencement of the Project

Date of successful commissioning of the Project (Pilot / Live)

Whether the Project has been vetted / audited by any independent

Agency / Institutional Consultants of Repute, and if so, outcome

thereof.

of 139



Name of the person who can be referred to from Clients' side, with

Name, Designation, Postal Address, Contact Phone and Fax

numbers, E-Mail IDs, etc. (Attach copies of purchase orders)

(Above Details are MANDATORY and to be included in technical bid. Without the above

details, the Bid is liable to be rejected)

xli. Financial statements i.e. Balance sheet and Profit & Loss accounts for last three

years will have to be submitted.

xlii. The bidder must have satisfactorily conducted Bank Account. A certificate to

that effect from bidder’s Banker should be furnished along with the bid.

xliii. Vendor must secure a score of 75% marks in functionality sheet (Part 5)

Technical & Functional Specification-TFS) to become technically eligible.

xliv. The solution provided should be PCI-DSS and PA-DSS Compliant.

3.6 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its

Bid, and the Bank will in no case be responsible or liable for these costs, regardless of

the conduct or outcome of the Bidding process.

B. The Bidding Documents

3.6 Content of Bidding Documents

i. The products required, Bidding procedures, and contract terms are

prescribed in the Bidding Documents. The Bidding Documents include:

PART 1 - Invitation to Bid (ITB)

PART 2 - Disclaimer

PART 3 - Instruction for Bidders (IFB)

PART 4 - Terms and Conditions of Contract (TCC)

PART 5 - Technical & Functional Specifications (TFS)

PART 6 - Bid Forms, Price Schedules and other forms (BF)

PART 7 - Schedule of Dates, Amount, etc. (SDA)

ii. The bidder is expected to examine all instructions, forms, terms and

specifications in the Bidding Document. Failure to furnish all information

required by the Bidding Document or to submit a Bid not substantially

of 139



responsive to the Bidding Document in every respect will be at the

Bidder’s risk and may result in the rejection of the Bid.

3.7 Clarification of Bidding Documents

A prospective system integrator or Bidder requiring any clarification of the

Bidding Document may notify the Bank in writing or by Fax at the address / fax

number / e-mail indicated in Invitation to Bid. The Bank will respond at the time

of pre-bid meeting to any request for clarification of the Bidding Document,

which it receives no later than six (6) working days prior to the date of pre-bid

meeting. Relaxation in any of the terms contained in the Bid, in general, will not

be permitted, but if granted, the same will be communicated through Bank’s

website. Note: - The pre-bid queries should be submitted in form of excel sheet

via e-mail.

3.8 Amendment of Bidding Documents

i. At any time prior to the deadline for submission of Bids, the Bank, for any

reason, whether, at its own initiative or in response to a clarification requested

by a prospective system integrator or Bidder, may modify the Bidding

Document/s, by amendment.

ii. All prospective System Integrators or Bidders that have received the Bidding

Document will be notified of the amendment in writing by hosting on Bank’s

Website or fax or E-mail and will be binding on them. Notification of amendments

will be put up on the Bank’s Website and will be binding on all Bidders.

iii. In order to allow prospective Bidders reasonable time, in which to take the

amendment into account in preparing their Bids, the Bank, at its discretion, may

extend the deadline for a reasonable period as decided by the Bank for the

submission of Bids.

C. PREPARATION OF BIDS

3.9 Language of Bid

The Bid prepared by the System integrator or Bidder, as well as all correspondence and

documents relating to the Bid exchanged by the System integrator or Bidder and the Bank

and supporting documents and printed literature shall be written in English.

of 139



3.10 Documents Comprising the Bid

Documents comprising the Technical Bid Envelope, should be submitted duly indexed

and numbered, comprising of –

a. Bid Form as per Format 6.1.1 completed in accordance with the clauses in the Bid

and duly signed by the Bidder.

b. Documentary evidence establishing that the bidder is eligible to Bid, as per format

6.14 and is qualified to perform the contract as per Clause 3.14 of Bidding Document

if Bid is accepted.

c. Documentary evidence establishing that the Products, systems and ancillary

i. services to be supplied by the Bidder are eligible products and services

and

ii. Conform to Part 5 of the Bidding Document.

d. A full description of the Technical solution, which must provide an acceptable

i. solution to the business requirements, described in Part 5: Technical &

Functional

ii. Specifications. Any Technical Bid containing any price information will

be rejected.

e. Bid security for Rs.10,00,000 + GST furnished as specified in Clause 3.16 herein.

f. Details of Projects Handled / Referral Letters as per Clause 3.4. Point xl.

g. A complete Bill of Material as per Format 6.13 (Part-A and Part-B).

h. A Non-disclosure Agreement as per Format 6.2.

i. Manufacturers’ / Producers’ Authorization form as per Format 6.8 (where

applicable).

j. Service Support Details Form, as per Format 6.11

k. Additionally a Masked price bid should be kept with the Technical bid i.e. Bill of

Materials as per Format 6.13, listing the components as listed in the Masked Price

Schedule without indicating the price in another separate closed / sealed cover.

Please note that no price should be mentioned in this format.

of 139



l. Additionally, the bid document should also contain indexed table of supporting

documentary evidences, along with relevant clause of the bid document under which

the same is being submitted and its description.

m. While submitting the Technical Bid, literature on the software/hardware if any,

should be segregated and kept together in one section/lot. The other papers like Bid

Security, forms as mentioned above, etc. should form the main section and should

be submitted in one lot, separate from the section containing literature and annual

accounts.

n. Any Technical Proposal not containing the above will be rejected. The Technical

Proposal should not contain any price information, such proposal will be rejected.

o. Documents comprising Price Bid Envelope, should be:

• A Full Price Schedule of the Solution indicating all the components of the

solution and services (Format 6.3) and Format 6.13 with the prices, in

one separate closed sealed cover.

• The Bid as per Format 6.1.2 as furnished in the Bidding Documents duly

signed by the Bidder and completed.

p. Each copy of the Proposal should be in three parts, as mentioned below.

The Vendor shall seal the “Eligibility Proposa”, “Technical Proposal” and

“Price Proposal” separately and the same shall:

i. be addressed to the Bank at the address given; and

ii. Bear the Project Name “RFP for Merchant Acquiring Business and

related activities” and a statement: “DO NOT OPEN BEFORE

(mention the last date of Bid submission) 01/09/2020 4:00pm”.

iii. Proposals must be received by the Bank at the address specified, no

later than the date & time specified in Request for Proposal.

q. Documents submitted should be as below -

The Proposal shall be submitted in two separate envelopes.

Part I covering the Technical, Commercial (except price) and

Qualification aspects hereinafter referred to as ‘Technical Proposal’ and

Part II covering only the price schedules hereinafter referred to as the

‘Price Proposal’.

of 139



The two parts should be in two separate covers, each super-scribed with

the name of the Project (Proposal for RFP for end to end Solution for

Merchant Acquiring Business in Bank of India”) as well as “Technical

Proposal” and “Price Proposal” as the case may be.

3.11 Bid Form

The System integrator or Bidder shall complete both the two Envelopes of the

Bid Form furnished in the Bidding Document separately, indicating the products

to be supplied, a brief description of the products, their country of origin, quantity

and prices and submit them simultaneously to the Bank. Bids are liable to be

rejected if only one (i.e. Technical Bid or Price Bid) is received.

3.12 Bid Prices

i. The detail Bid price indicated in Price schedule should be quoted for

Software Application. The price schedule should include all the components.

ii. The prices indicated in the Price Schedule shall be entered in the following

manner:-

• Prices quoted as above shall be valid for entire contract period, however

subject to negotiation if the Bank feels that the cost of inputs have been

reduced by 20% or market price of the product is reduced by 20% or more.

• Prices quoted by the System integrator or Bidder shall be fixed during the

system integrator’s or Bidder’s performance of the Contract and shall not be

subject to variation on any account, including exchange rate fluctuations,

changes in taxes, duties, levies, charges etc. A Bid submitted with an

adjustable price quotation will be treated as non-responsive and will be

rejected. The price should be exclusive of all taxes.

3.13 Bid Currencies

Bids are to be quoted in Indian Rupees only.

3.14 Documents Establishing System Integrator’s or Bidder’s Eligibility and

Qualifications

of 139



a. The System integrator or Bidder shall furnish, as part of its Bid, documents

establishing the System integrators or Bidder’s eligibility to Bid and its

qualifications to perform the Contract, if its Bid is accepted.

The documentary evidence of the system integrator’s or Bidder’s qualifications

to perform the Contract if its Bid is accepted shall establish to the Bank’s

satisfaction:

b. that, in the case of a system integrator or Bidder offering to supply products

and/or Systems under the Contract which the system integrator or Bidder did

not produce, the system integrator or Bidder has been duly authorized as per

authorization Format 6.8 given in the Bid, by the products’ Producer to supply

the products and / or Systems in India;

c. In the above case, the system integrator or bidder must also have a back to

back

i. agreement with the application software vendor which should include

amongst other the readiness of the system integrator to provide required

uptime,

ii. agreement to provide the necessary support for at least 7 years,

readiness

iii. To enter into an escrow agreement with bank, etc. Documentary proof

copy of agreement with application software vendor (if the system

integrator or bidder proposes a software of another vendor and/or OEM.

d. Vendor to be made available in the technical bid that adequate, specialized

software expertise are already available to ensure that the support services are

responsive and the System integrator or Bidder will assume total responsibility

for the fault-free operation of the solution proposed and maintenance during the

warranty period and provide necessary maintenance services after end of

warranty period, for a period mentioned in Clause 7.7.

3.15 Documents Establishing Eligibility of Products and Conformity to Bidding

Documents

a. The system integrator or Bidder shall furnish, as part of its Bid, documents

establishing the eligibility and conformity to the Bidding Documents of all

products and/or System and/or services which the system integrator or Bidder

proposes to supply under the Contract.

b. The documentary evidence of the eligibility of the products and/or System

and/or services shall consist of a statement (attached to the Price Schedule) of

of 139



the country of origin of the products and/or System and/or services offered,

which shall be confirmed by a certificate of origin issued at the time of shipment.

c. The documentary evidence of conformity of the products and/or System and/or

services to the Bidding Documents may be in the form of literature, drawings,

and data, and shall consist of:

d. a detailed description of the essential technical and performance

characteristics of the products and/or Systems as mentioned in Format 6.3

(Price Schedule);

e. an item-by-item commentary on the Technical & Functional Specifications given

in the Bid, demonstrating substantial responsiveness of the products and/or

System and/or services to those specifications, or a statement of deviations and

exceptions to the provisions of the Technical & Functional Specifications; and

f. a confirmation that, if the System integrator or Bidder offers systems and/or

other software produced by another company, such software operates

efficiently on the system proposed by the system integrator or Bidder; and the

system integrator or Bidder is willing to accept responsibility for its successful

operation.

3.16. Bid Security

i. The system integrator or Bidder shall furnish, as part of its Bid, a Bid security

in Clause 3.10.i.e.

ii. The Bid security is required to protect the Bank against the risk of system

integrator’s or Bidder’s conduct, which would warrant the security’s forfeiture.

iii. The Bid security shall be denominated in Indian Rupees and shall be in one

of the following forms:

a bank guarantee issued by a public sector/ reputed private sector bank in

India (other than Bank of India), acceptable to the Bank, in the form as per

Format 6.4 provided in the Bid, valid for forty-five (45) days beyond the

validity of the Bid

OR

of 139



a Banker’s Cheque / Demand Draft, issued by a Nationalised / Public sector

Bank in India, drawn in favour of Bank of India and valid for a period of

three months.

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

responsive.

v. Unsuccessful system integrator’s or Bidders’ Bid security will be discharged or

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

expiration of the period of Bid validity prescribed by the Bank.

vi. The successful system integrator’s or Bidder’s Bid security will be discharged

upon the system integrator or Bidder signing the Contract and furnishing the

performance security as per Format 6.6.

vii. The Bid security may be forfeited:

• if a system integrator or Bidder withdraws its Bid during the period of Bid

validity specified by the system integrator or Bidder on the Bid Form; or

• if a system integrator or Bidder makes any statement or encloses any form

which turns out to be false/incorrect at any time prior to signing of Contract;

or

• in the case of a successful system integrator or Bidder, if the system

integrator or Bidder fails;

i. to sign the Contract; or

ii. to furnish Performance Security as mentioned in Clause 3.34 herein.

3.17 Period of Validity of Bids

i. Bids shall remain valid for a period mentioned in Clause 7.2 from the date of

opening of the Bid. A Bid valid for a shorter period shall be rejected by the Bank

as non-responsive.

ii. In exceptional circumstances, the Bank may solicit the system integrators’ or

Bidders’ consent to an extension of the period of validity. The request and the

responses there to shall be made in writing. The Bid security provided shall

also be suitably extended. A system integrator or Bidder may refuse the request

without forfeiting its Bid security.

of 139



3.18 Format and Signing of Bid

i. The Bid shall be typed or written in indelible ink and shall be signed by the

Bidder or a person or persons duly authorized to bind the Bidder to the

Contract. The person or persons signing the Bids shall initial all pages of the

Bids, except for un-amended printed literature.

ii. Any inter-lineation, erasures or overwriting shall be valid only if they are

initiated by the person signing the Bids. The bank reserves the right to reject

bids not confirming to above.

D. Submission of Bids

3.19 Sealing and Marking of Bids

i. The System integrators or Bidders shall seal the envelopes containing

“Technical Bid” and “Price Bid” separately and the two envelopes shall be

enclosed and sealed in an outer envelope. The bidder should submit the

soft copy of the Technical bid document in the form of CD, in the sealed

envelope containing ‘Technical Bid”.

ii. The inner and outer envelopes shall:

• be addressed to the Bank at the address given; and

• bear the Project Name ", RFP for End to End Solution for Merchant Acquiring

Business” and a statement: “DO NOT OPEN BEFORE (mention the last

date of Bid submission)

• All envelopes should indicate on the cover the name and address of the

Bidder.

iii. If the outer envelope is not sealed and marked, the Bank will assume no

responsibility for the Bid’s misplacement or premature opening.

3.20 Deadline for Submission of Bids

i. Bids must be received by the Bank at the address specified, no later than the

date & time specified in the Invitation to Bid.

of 139



ii. The Bank may, at its discretion, extend this deadline for the submission of Bids

by amending the Bid Documents, in which case, all rights and obligations of

the Bank and system integrators or Bidders previously subject to the deadline

will thereafter be subject to the deadline as extended.

3.21 Late Bids

Any Bid received by the Bank after the deadline for submission of Bids

prescribed, will be rejected and returned unopened to the system integrator or

Bidder.

3.22 Modification and Withdrawal of Bids

i. The system integrator or Bidder may modify or withdraw its Bid after the Bid’s

submission, provided that written notice of the modification, including

substitution or withdrawal of the Bids, is received by the Bank, prior to the

deadline prescribed for submission of Bids.

ii. The system integrator’s or Bidder’s modification or withdrawal notice shall be

prepared, sealed, marked and dispatched. A withdrawal notice may also be

sent by Fax, but followed by a signed confirmation copy, postmarked no later

than the deadline for submission of Bids.

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

iv. No Bid may be withdrawn in the interval between the deadline for submission

of Bids and the expiration of the period of Bid validity specified by the Bidder

on the Bid Form. Withdrawal of a Bid during this interval may result in the

system integrator’s or Bidder’s forfeiture of its Bid security.

E. BID OPENING AND EVALUATION

3.23 Opening of Bids by the Bank

i. The system integrators’ or Bidders’ names, Bid modifications or withdrawals

and the presence or absence of requisite Bid Security and such other details as

the Bank, at its discretion, may consider appropriate, will be announced at the

Bid opening. No bid shall be rejected at bid opening, except for late bids, which

shall be returned unopened to the system integrator or Bidder.

of 139



ii. Bids (and modifications sent) that are not opened at Bid Opening shall not be

considered further for evaluation, irrespective of the circumstances. Withdrawn

bids will be returned unopened to the system integrators or Bidders.

3.24 Clarification of Bids

During evaluation of the Bids, the Bank, at its discretion, may ask the system

integrator or Bidder for clarification of its Bid. The request for clarification and

the response shall be in writing, and no change in the prices or substance of

the Bid shall be sought, offered or permitted.

3.25 Preliminary Examination

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

required formats have been furnished, the documents have been properly

signed, and the Bids are generally in order.

ii. The Bank may, at its discretion, waive any minor infirmity, non-conformity, or

irregularity in a Bid, which does not constitute a material deviation.

iii. Prior to the detailed evaluation, the Bank will determine the substantial

responsiveness of each Bid to the Bidding Document. For purposes of these

Clauses, a substantially responsive Bid is one, which conforms to all the terms

and conditions of the Bidding Document without material deviations. Deviations

from, or objections or reservations to critical provisions, such as those

concerning Bid Security, Applicable Law, Performance Security, Qualification

Criteria, Insurance, Warranty, AMC and Force Majeure will be deemed to be a

material deviation. The Bank’s determination of a Bid’s responsiveness is to be

based on the contents of the Bid itself, without recourse to extrinsic evidence.

The Bank reserves the right to evaluate the bids on technical & functional

parameters including possible visit to inspect live site/s of the system integrator

or bidder and witness demos of the system and verify functionalities, response

times, etc.

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

not subsequently be made responsive by the system integrator or Bidder by

correction of the non-conformity. The technical evaluation will take into account

the capability of the bidder to implement the proposed solution.

v. Only those system integrators or bidders who satisfy the eligibility criteria shall

be considered for technical evaluation. Technical bids which have been found

of 139



substantially responsive would be intimated by the Bank about their

responsiveness and about the revised/updated Technical & Functional

Specification (if any) arising out of normalization (if any). In case of

normalization and/or revision, they would also be advised to submit fresh “Price

Bid” which should either be equal to or less than the Prices quoted in the

Original Price Bid.

3.26 Evaluation and Comparison of Price Bids

The bidder may quote the best competitive price in the commercial bid as Bank

may or may not opt for Reverse Auction and in case Bank does not opt for

Reverse Auction, the commercial bid submitted by you will be opened to decide

the L1 price. Our Bank’s Business Rules and Terms & Conditions of Reverse

Auction are as per Annexure-D. Please note the contents and comply with the

requirements of the same. Bidders are requested to ensure that they have a

valid digital certificate well in advance to participate in Reverse Auction event.

i. Only those bids which are found to be technically responsive will be informed

of the date / time / Venue of opening of price bids.

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

Bank reserves the right of selection of Vendor by Opening of Commercial

Bids of vendors, who are found eligible after evaluation of Technical Bids.

iii. After opening of price bids and declaring the prices, the Bank will evaluate

and compare the Price bids.

iv. Arithmetical errors will be rectified on the following basis. If there is a

discrepancy between the unit price and the total price that is obtained by

multiplying the unit price and quantity, the unit price shall prevail, and the

total price shall be corrected. If the Successful Bidder does not accept the

correction of the errors, its Bid will be rejected, and its Bid security may be

forfeited. If there is a discrepancy between words and figures, the amount

in words will prevail.

v. Delivery Schedule

The products and/or Systems and/or Services covered under this invitation

are to be supplied, installed and commissioned within the period mentioned

in Clause 7.14. No credit will be given to early deliveries.

vi. Deviation in payment schedule

of 139



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

If a Bid deviates from the schedule and if such deviation is considered

acceptable to the Bank, the Bid will be evaluated by calculating interest

earned for any early payment involved in the terms outlined in the Bid as

compared with those stipulated in this invitation, at the rate of 18% per

annum.

vii. Quotation of Prices for all Items

The system integrator or Bidder should quote for complete consignment of

items proposed/listed in this Bid. In case, prices are not quoted by any

system integrator or Bidder for any specific item / Product / service, for the

purpose of evaluation, the highest of the prices quoted by other system

integrators or Bidders participating in the bidding process will be reckoned

as the notional price for that product /service, for that system integrator or

Bidder. However, if selected, at the time of award of Contract, the lowest of

the price(s) quoted by other system integrators or Bidders (whose Price Bids

are also opened) for that product /service will be reckoned. This shall be

binding on all the system integrators or Bidders. However, the bank reserves

the right to reject all such incomplete bids.

3.27 Contacting the Bank

i. No system integrator or Bidder shall contact the Bank on any matter relating

to its Bid, from the time of opening of Bid to the time the Contract is awarded.

ii. Any effort by a system integrator or Bidder to influence the Bank in its

decisions on Bid evaluation, Bid comparison or contract award may result in

the rejection of the system integrator’s or Bidder’s Bid.

F. Award of Contract

3.28 Post-qualification

All the Price bids after their evaluation on the parameters mentioned above

would decide the successful bidder.

3.29 Award Criteria

The Bank will award the Contract to the successful system integrator or Bidder

who has been determined to qualify to perform the Contract satisfactorily, and

of 139



whose Bid has been determined to be substantially responsive, and is

commercially lowest Bid.

3.30 Bank’s right To Accept Any Bid and to reject any or All Bids.

The Bank reserves the right to accept or reject any Bid in part or in full, and

to annul the Bidding process and reject all Bids at any time prior to contract

award, without thereby incurring any liability to the affected system

integrator or system integrators or Bidder or Bidders or any obligation to

inform the affected system integrator or system integrators or Bidder or

Bidders of the grounds for the Bank’s action.

3.31 Notification of Award

i. Prior to expiration of the period of Bid validity, the Bank will notify the

successful system integrator or Bidder in writing or by fax, that its Bid has

been accepted.

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

iii. Upon the successful system integrators or Bidder’s furnishing of

Performance Security, the Bank will promptly notify each unsuccessful

Bidder and will discharge its Bid security.

3.32 Applicability of Preference to Make in India, Order 2017 (PPP-MII Order)

Bank will follow the guidelines on Public Procurement (Preference to Make in

India), Order 2017 (PPP-MII Order) issued vide Central Vigilance Commission

Order No. 018/VGL/022-377353 dated April 20, 2018 and basis of allotment will

be done in terms of instructions on Public Procurement (Preference to Make In

India), Order, 2017 – Revision; regarding issued vide GOI, Ministry of Commerce

and Industry, Department of Industrial Policy and Promotion letter No. P-

45021/2/2017(BE-II) dated May 29, 2019, further revised on 04-06-2020. Salient

features are given below –

(a) Among all qualified bids, the lowest bid (as quoted in reverse auction) will be

termed as L1. If L1 is from a Class I local supplier, the contract for full quantity

will be awarded to L1.

of 139



i. If Ll is not 'Class-I local supplier', the lowest bidder among the 'Class-I local supplier',

will be invited to match the Ll price subject to Class-I local supplier's quoted price falling within the margin of purchase preference, and the contract shall be awarded to such

'Class-I local supplier' subject to matching the L1 price.

ii. In case such lowest eligible 'Class-I local supplier' fails to match the Ll price, the 'Class-

I local supplier' with the next higher bid within the margin of purchase preference shall

be invited to match the Ll price and so on and contract shall be awarded accordingly.

In case none of the 'Class-I local supplier' within the margin of purchase preference

matches the Ll price, the contract may be awarded to the Ll bidder.

(b) ‘Class-I Local supplier’ means a supplier or service provider, whose product or

service offered for procurement, has local content equal to or more than 50%,

as defined in this order.

(c) ‘Class-II Local supplier’ means a supplier or service provider, whose product or

service offered for procurement, has local content more than 20% but less than

50%, as defined in this order.

(d) ‘Non Local supplier’ means a supplier or service provider, whose product or

service offered for procurement, has local content less than or equal to 20%, as

defined in this order.

(e) ‘Local content’ means the amount of value added in India which shall , unless

otherwise prescribed by the Nodal Ministry, be the total value of the item

procured (excluding net domestic Indirect taxes) minus the value of imported

content in the item (including all customs duties) as a proportion of the total

value, in percent.

(f) ‘Margin of purchase preference’ means the maximum extent to which the price

quoted by a ‘Class I local supplier’ may be above the L1 for the purpose of

purchase preference.

(g) Decisions on complaints relating to implementation of the above shall be taken

by the competent authority which is empowered to look into procurement related

complaints relating to the procuring entity.

CERTIFICATE OF LOCAL CONTENT

The ‘Class-I Local supplier’ /‘Class-II Local supplier’ shall provide a Certificate from the

statutory auditor or cost auditor of the company (in case of companies) or from a

practicing cost accountant or practicing chartered accountant (in respect of suppliers

other than companies) giving the percentage of local content, on their letter head with

Registration Number with seal.

of 139



3.33 Signing of Contract

i. At the same time as the Bank notifies the successful system integrator or Bidder

that its’ Bid has been accepted, the Bank will send the system integrator or

Bidder the Contract Form as per Format given in the RFP incorporating all

agreements between the parties.

ii. Within the period prescribed in Clause 7.4, from the date of receipt of the Form

of contract, the successful Bidder shall sign and date the Contract and return it

to the Bank.

3.34 Performance Security

i. Performance Security in the required format to be submitted by the successful

system integrator or bidder as per Clause 4.6

ii. Failure of the successful system integrator or Bidder to comply with the

requirement of Clause 3.31.2 or Clause 3.32.1 shall constitute sufficient

grounds for the annulment of the award and forfeiture of the Bid security, in

which event, the Bank may make the award to the next eligible system

integrator or Bidder or call for new Bids.

Note: Not withstanding anything said above, the Bank reserves the right to reject / award

the contract to any system integrator or vendor or cancel the entire process without

assigning reasons thereto.

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

of 139



PART 4: TERMS AND CONDITIONS OF CONTRACT (TCC)

TABLE OF CLAUSES

Clause

No.

Topic Clause

No.

Topic

4.1 Definitions 4.21 Contract Amendments

4.2 Country of Origin 4.22 Assignments

4.3 Standards 4.23 Delay in Supplier’s

Performance

4.4 Use of Contract Documents and Information

4.24 Liquidated Damages

4.5 Patent Rights 4.25 Termination for Default

4.6 Performance Security 4.26 Force Majeure

4.7 Inspection & Quality

Control Tests 4.27 Termination for Insolvency

4.8 System & Other

Software

4.28 Termination for Convenience

4.9 Acceptance Tests &

Certificate 4.29 Resolution of Disputes

4.10 Packing 4.30 Governing Language

4.11 Delivery & Documents 4.31 Applicable Law

4.12 Insurance 4.32 Addresses for Notices

4.13 Transportation 4.33 Taxes and Duties

4.14 Incidental Services 4.34 Supplier Integrity

4.15 Warranty 4.35 Supplier’s obligations

4.16 Maintenance Services 4.36 Patent Rights

4.17 Training 4.37 Site Preparation and Installation

4.18 Payment 4.38 Commissioning of the Solution

4.19 Prices 4.39 Technical Documentation

4.20 Change Orders 4.40 Indemnity

4.41 Limitation of Liability

4.42 Confidentiality

4.43 Agreement Period

of 139



4.1 Definitions

In this Contract, the following terms shall be interpreted as indicated:

i. ”Solution” means a package of end to end solution for Merchant Acquiring

Business application, software, Bank’s Core Banking software, with necessary

hardware, servers, PCs, and system software, database, third party utilities,

middleware, etc. as proposed by the Supplier, all integrated to work together

on the Banks network to meet the Technical and functional requirements of the

Bank indicated in this document.

ii. “Supplier” is the successful Bidder who has been determined to qualify to

perform the Contract satisfactorily, and whose Bid has been determined to be

substantially responsive, and is commercially lowest Bid.

iii. “The Contract” means the agreement entered into between the Bank and the

Supplier, as recorded in the Contract Form signed by the parties, including all

attachments and appendices thereto and all documents incorporated by

reference therein;

iv. “The Contract Price” means the price payable to the Supplier under the

Contract for the full and proper performance of its contractual obligations;

v. “The Product” means all of the software, all hardware, database, middleware,

operating systems and/or other materials which the Supplier is required to

supply to the Bank under the Contract;

vi. “The Services” means those services ancillary to the supply of the Products,

such as transportation and insurance, installation, commissioning,

customization, provision of technical assistance, training, Maintenance and

other such obligations of the Supplier covered under the Contract;

vii. “TCC” means the Terms and Conditions of Contract contained in this section;

viii. “The Project Site” means the BANK OF INDIA DC / Head Office of respective

RRBs, along with the branches.

ix. 'System' means a Computer System consisting of all Hardware, Software, etc.,

which should work together to provide the services as mentioned in the Bid and

to satisfy the Technical and Functional Specifications mentioned in the Bid.

of 139



ix. ‘Software’ means Application/System software, Database, Middleware and

other third party utilities which will seamlessly integrate with the environment

described in this document without any hitch or hindrance.

x. In case of a difference of opinion on the part of the Bidder in comprehending

and/or interpreting any Clause / Provision of the Bid Document after submission

of the Bid, the interpretation by the Bank shall be binding and final on the Bidder.

4.2 Country of Origin / Eligibility of Goods & Services

i. All goods and related services to be supplied under the Contract shall have

their origin in eligible source countries, as per the prevailing Import Trade

Control Regulations in India.

ii. For purposes of this clause, “origin” means the place where the goods are

mined, grown, or manufactured or produced, or the place from which the

related services are supplied. Goods are produced when, through

manufacturing, processing or substantial and major assembly of components,

a commercially-recognized product results that is substantially different in

basic characteristics or in purpose or utility from its components.

iii. The origin of goods and services is distinct from the nationality of the Bidder.

4.3 Standards

The Goods supplied under this Contract shall conform to the standards

mentioned in the Technical Specifications, and, when no applicable standard

is mentioned, to the authoritative standards appropriate to the Goods’ country

of origin. Such standards shall be the latest issued by the institution concerned.

4.4 Use of Contract Documents and Information

i. The Supplier shall not, without the Bank’s prior written consent, disclose the

Contract, or any provision thereof, or any specification, plan, drawing, pattern,

sample or information furnished by or on behalf of the Bank in connection

therewith, to any person other than a person employed by the Supplier in the

performance of the Contract. Disclosure to any such employed person shall be

made in confidence and shall extend only as far as may be necessary for

purposes of such performance.

ii. The Supplier shall not, without the Bank’s prior written consent, make use of

any document or information for purposes of performing the Contract.

of 139



iii. Any document, other than the Contract itself, shall remain the property of the

Bank and shall be returned (in all copies) to the Bank on completion of the

Supplier’s performance under the Contract, if so required by the Bank.

4.5 Patent Rights

i. In the event of any claim asserted by a third party of infringement of copyright,

patent, trademark, industrial design rights, etc. arising from the use of the

Goods or any part thereof in India, the Supplier shall act expeditiously to

extinguish such claim. If the Supplier fails to comply and the Bank is required

to pay compensation to a third party resulting from such infringement, the

Supplier shall be responsible for the compensation to claimant including all

expenses, court costs and lawyer fees. The Bank will give notice to the Supplier

of such claim, if it is made, without delay.

4.6 Performance Security

i. Within the period prescribed under Clause 7.3 from Date of receipt of

notification of Contract award, the Supplier shall furnish to the Bank, the

Performance Security for an amount as per Clause 7.6 valid up to the period

specified in Clause 7.5.

ii. The proceeds of the performance security shall be payable to the Bank as

compensation for any loss resulting from the Supplier’s failure to complete its

obligations under the Contract.

iii. The Performance Security shall be denominated in Indian Rupees and shall be

by way of bank Guarantee issued by a Nationalised / Public Sector bank in

India (Other than Bank of India), acceptable to the bank in the Format 6.6

provided in the Bid.

iv. The performance security will be discharged by the Bank and returned to the

Supplier not later than the period specified in Clause 7.11, following the date of

completion of the supplier’s performance obligations under the Contract,

including any warranty obligations under the contract and following receipt of

performance guarantee for the annual maintenance equal to an amount

specified in Clause 7.15.

v. In the event of any contract amendment, the Supplier shall, within the period

mentioned in Clause 7.3 after receipt of such amendment, furnish the

amendment to the Performance security, rendering the same valid for the

of 139



duration of the Contract, as amended for further specified in Clause 7.3. In the

event of any correction of defects or replacement of defective

software/products/equipment/system during the warranty period, the warranty

for the corrected / replaced software/products/equipment/system shall be

extended to a further period mentioned in Clause 7.7. The performance

guarantee for a proportionate value shall be extended by the period mentioned

in Clause 7.10 over and above the extended warranty period.

vi. If the bid includes equipment, products / services / software and/or support by

other companies or individuals, the bidder as the principal bidder shall be

responsible for their delivery, installation and maintenance and uninterrupted

operations. The bidder must ensure that they possess the necessary expertise

for executing aforesaid task and the requisite permission/license for the

equipment/software.

4.7 Inspection and Quality Control Tests

i. The Bank reserves the right to carry out pre-shipment inspection by a team of

Bank officials, of any of the existing live installations of the Supplier referred to

in the Technical Bid or demand a demonstration of the solution proposed on a

representative model in bidder’s office.

ii. The Bank’s right to inspect, test and where necessary reject the products after

the products arrival at the destination shall in no way be limited or waived by

reason of the products having previously being inspected, tested and passed

by the Bank or its representative prior to the products shipment from the place

of origin.

iii. Nothing stated hereinabove shall in any way release the supplier from any

warranty or other obligations under this contract.

iv. Manuals: Before the products / system is / are taken over by the Bank, the

Supplier shall supply technical / systems Manuals for all the Software supplied

and for all required interfaces. Operation and maintenance Manuals for all the

systems and applications covering the operations needed to start, run, day-

begin, day-end, other operations, transfer to fall back system / site including

business continuity plan to be provided by the vendor. User manuals for

Administrative Office / Zones / branches for all the modules shall be provided

by the vendor. The manuals shall be in English.

of 139



v. Unless and otherwise agreed the products and equipment shall not be

considered to be completed for the purpose of taking over until such manuals

have been supplied to the bank.

vi. The Supplier shall provide one set of Design Manual, System Manual, User

manual and Security Manual for the Application Software. The Supplier shall

also provide one soft copy of each of the manuals. Soft and Hard Copy

Manuals shall commensurate with number of installations of Products in the

Bank.

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

i. The supplier shall provide complete and legal documentation of all

subsystems, operating systems, system software, utility software and other

software. The supplier shall also provide licensed software for all software

products whether developed by it or acquired from others. The supplier shall

also indemnify the Bank against any levies / penalties on account of any default

in this regard.

ii. In case the primary vendor is coming with software which is not his proprietary

software then the primary vendor must submit evidence in the form of

agreement he has entered into with the software vendor which includes

support from the software vendor for the proposed software for the full period

required by the Bank.

4.9 Acceptance Procedure:

On successful completion of installation, commissioning, acceptability test,

receipt of deliverables, etc., and after the solution runs successfully for three

months after going live and Bank/RRBs is satisfied with the working on the

system, the acceptance certificate (as mutually decided and approved by the

Bank/RRBs signed by the Supplier and the representative of the Purchaser

will be issued. The date on which such certificate is signed shall be deemed

to be the date of successful commissioning of the systems as per Bank’s

Format 6.9.

4.10 Packing of Products

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

prevent their damage or deterioration during transit to their final destination.

The packing shall be sufficient to withstand, without limitation, rough handling

of 139



during transit and exposure to extreme temperature, salt and precipitation

during transit and open storage. Size and weights of packing case shall take

into consideration, where appropriate, the remoteness of the Products final

destination and the absence of heavy handling facilities at all transit points.

ii. Packing Instructions: The Supplier will be required to make separate packages

for each Consignee. Each package will be marked on three sides with

proper/indelible ink with the following:

• Project;

• Contract No.;

• Country of Origin of products;

• Supplier’s Name;

• Packing List reference number.

4.11 Delivery and Documents

i. Delivery of the Products / Software shall be made by the supplier in

accordance with the system approved / ordered. The details of the documents

to be furnished by the Supplier are specified hereunder:-

ii. 3 copies of Supplier’s Invoice showing Contract number, Products description,

quantity, unit price and Total amount.

iii. Deliver Note or acknowledgement of receipt of Products from the Consignee

or in case of products from abroad original and two copies of the negotiable

clean Airway Bill.

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

v. Insurance Certificate.

vi. Manufacturer’s / Supplier’s warranty certificate.

vii. Inspection certificate issued by the nominated inspection agency, if any, and

the Supplier’s factory inspection report and Quality Control Test Certificates.

viii. Certificate of Origin.

ix. The above documents shall be received by the Bank before arrival of Products

(except where it is handed over to the Consignee with all documents) and if

not received the Supplier will be responsible for any consequent expenses.

of 139



4.12 Insurance

The Successful Bidder shall take adequate insurance cover against all kinds

of risks including fidelity clause for the loss arising from acts of omission /

commission /dishonesty of its employees and / or agents/any claims by

vendor’s employees on Bank of India and would be required to keep the

insurance policy alive at all times during the currency of the Contract.

4.13 Transportation

Where the Supplier is required under the Contract to transport the Goods to

a specified place of destination within India, defined as the Project Site,

transport to such place of destination in India, including insurance and

storage, as shall be specified in the Contract, shall be arranged by the

Supplier, and the related costs shall be included in the Contract Price.

4.14 Incidental Services

The incidental services to be provided are as under:-

• Furnishing Manuals for each appropriate unit of the Supplied Products

as mentioned under Clauses 4.7, 4.8 of TCC;

• Maintenance and software updates of the supplied Products, Technical

support thereof for a period as specified in Clause 7.13 after expiry of

the warranty provided that this service shall not relieve the Supplier of

any warranty obligations under this contract.

4.15 Warranty

i. The Supplier warrants that the products supplied under the Contract are of the

most recent version and that they incorporate all recent improvements in

design and / or features. The Supplier further warrants that all the Products

supplied under this Contract shall have no defect, arising from design or from

any act of omission of the Supplier, that may develop under normal use of the

supplied products in the conditions prevailing in India

ii. The minimum warranty period shall be the period as per Clause 7.7. The

Supplier shall in addition comply with the performance guarantees specified

under the Contract. If, for reasons attributable to the Supplier, these

guarantees are not attained in whole or in part the Supplier shall make such

of 139



changes, modifications and / or additions to the Products or any part thereof

as may be necessary in order to attain the contractual guarantees specified in

the Contract at its own cost and expense and to carry out further performance

tests.

iii. The bank shall promptly notify the Supplier in writing of any claims arising

under this warranty.

iv. Upon receipt of such notice the Supplier shall with all reasonable speed, repair

or replace the defective products or part thereof without cost to the Bank.

v. If the Supplier having been notified fails to remedy the defect(s) within the

period specified in Clause 7.9, the Bank may proceed to take such remedial

action as may be necessary, at the Supplier’s risk and expense and without

prejudice to any other rights, which the Bank may have against the supplier

under the Contract.

vi. Warranty / Uptime

a. During Warranty Period, Supplier guarantees an Uptime of 99.98% on

quarterly basis for the entire/core solution proposed, with a MTBF of 90

days. Accordingly it is expected that necessary redundancy is built into the

proposed solution for all critical components whether software or hardware.

Please refer to 7.18 for details of uptime required by the bank.

b. Warranty for Hardware/System Software/off-the-shelf Software will be

provided to the Bank as per the general conditions of sale of such software.

c. Minimum Warranty for Application Software either developed by the Bidder

or his associates or supplied and customised to Bank's requirements, shall

be for minimum period specified in Clause 7.7 after it is delivered, installed

and commissioned.

vii. Resolution of issues

a. Any bugs in such software shall be rectified free of cost

b. Any requirements changes/modifications required by bank will have to be

carried out by the identified vendor free of cost.

c. The maximum response time for a support/complaint from the site of

installation (i.e. time required for Supplier’s maintenance engineers to report to

of 139



the installations after a request call / fax /e-mail is made or letter is written)

shall not exceed maximum T+1 day in Metro and urban centres and T+2 day

at other centres..

d. Supplier/his representative shall solve the software problem within maximum

T+1 day in Metro and urban centres and T+2 day at other centres of reporting

of the problem by the Bank to the Supplier's nearest office by phone, fax, e-

mail or letter.

e. Any rectification required in the Application Software due to inherent bugs in

the System Software / off-the-shelf software shall also be rectified by the

Supplier or his associates, free of cost, within a reasonable period.

f. Any up gradation or modification required by the Bank till the time of Go-Live

and any up gradation or modification required as per the requirement of any

regulator (FIUIND, RBI or IBA) to be provided free of cost by the vendor.

4.16 Maintenance Service:

i. Professionally qualified personnel who have expertise in the hardware and

system software supplied by the vendor will provide these services.

ii. During maintenance period also, the Supplier guarantees on quarterly basis

an uptime of 99.98% of the entire solution proposed with a MTBF of 90 days.

Accordingly it is expected that necessary redundancy is built into the proposed

solution for all critical components whether software or hardware.

iii. The maximum response time for a maintenance complaint from the site of

installation (i.e. time required for Supplier’s maintenance engineers to report to

the installations after a request call / fax / e-mail is made or letter is written)

shall not exceed three (three) hours.

4.17 Training:

For each Application/Operating System/database/middleware and third party

utilities installed, the Supplier is required to train the designated Bank’s technical

and end-user personnel to enable them to effectively operate and perform

administration of the total system. Training shall be conducted on the dates and

of 139



the locations as mutually agreed upon before the Commissioning of the system at

each location, as per Clause 7.12.

4.18 Payment

i. Payment shall be made in Indian Rupees, as per Clause 7.16 for delivering,

installing and commissioning the Solution.

ii. Payment against Bank Guarantees:

a. For all the payments to be made against bank guarantees, the bank

guarantees shall be issued by a nationalized / public sector bank in India

(other than Bank of India), acceptable to the Bank as per Format 6.7

b. Bank guarantees for advance payment shall be released not later than 45

days after the date of completion of installation / commissioning of the

products/system at their final destination.

4.19 Prices

Prices payable to the Supplier as stated in the Contract shall be firm and

not subject to adjustment during performance of the Contract, irrespective

of reasons whatsoever, including exchange rate fluctuations, changes in

taxes, duties, levies, charges, etc.

4.20 Change Orders

i. The Bank may, at any time, by a written order given to the Supplier, make

changes within the general scope of the Contract in any one or more of the

following:

• Technical and functional specifications

• Services to be provided by the Supplier.

ii. If any such change causes an increase or decrease in the cost of, or the time

required for the Supplier’s performance of any provisions under the Contract,

an equitable adjustment shall be made in the Contract Price or delivery

schedule, or both, and the Contract shall accordingly be amended.

of 139



4.21 Contract Amendments

No variation in or modification of the terms of the Contract shall be made, except

by written amendment, signed by the parties.

4.22 Assignment

The Supplier shall not assign, in whole or in part, its obligations to perform under

the Contract, except with the Bank’s prior written consent.

4.23 Delays in the Supplier’s Performance

i. Delivery installation, commissioning of the Products/Solution and

performance of Services shall be made by the Supplier in accordance with the

time schedule prescribed by the Bank in Clause 7.14.

ii. If at any time during performance of the Contract, the Supplier or its

subcontractor(s) should encounter conditions impeding timely delivery of the

Products and performance of Services, the Supplier 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 Supplier’s notice, the Bank shall

evaluate the situation and may, at its discretion, extend the Suppliers’ time for

performance, with or without liquidated damages, in which case, the extension

shall be ratified by the parties by amendment of the Contract.

iii. Except as provided in the above clause, a delay by the Supplier in the

performance of its delivery obligations shall render the Supplier liable to the

imposition of liquidated damages, unless an extension of time is agreed upon

without the application of liquidated damages.

4.24 Liquidated Damages

i. LD on Delivery and Installation

If the Supplier fails to deliver any or all of the software’s, licenses etc within

the time period specified in the Contract, 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% per week per site of the total

contract value ordered out of contract price subject to maximum deduction

of 5% of the total contract value for each week or part thereof of delay, until

actual delivery. Partial delivery shall be treated as non-delivery of the entire

of 139



goods ordered. Once the maximum is reached, the Bank may consider

termination of the Contract. All items placed under one purchase order to

be delivered within the stipulated delivery period.

ii. LD on delay in commissioning of service inclusive of all modules, applications

and portals.

The bidder shall commission the Solution and ensure its signoff required to

obtain complete certification all features to Bank officials within 2 months

from the date of issuance purchase order. If the Supplier fails to deliver any

or all of the features within the time period specified in the Contract, the

Bank shall, without prejudice to its other remedies under the Contract,

deduct a sum equivalent to 1% per week as under:-

Total LD in commissioning: - 1% * No. of Weeks * (Bill amount (of all

modules) of first month)* 12. To the maximum of Rs.1crores.

iii. It will be recovered on the basis of cost incurred by the Bank for getting the

solution work done from alternate sources.

4.25 Termination for Default

i. The Bank, without prejudice to any other remedy for breach of Contract, by a

written notice of default sent to the Supplier, may terminate the Contract in

whole or in part:

• if the Supplier fails to deliver any or all of the Products and Services within

the period(s) specified in the Contract, or within any extension thereof

granted by the Bank;

or

• if the Supplier fails to perform any other obligation(s) under the Contract.

ii. In the event the Bank terminates the Contract in whole or in part, it may procure,

upon such terms and in such manner as it deems appropriate, Products and

Services similar to those undelivered, and the Supplier shall be liable to the Bank

for any excess costs for such similar Products or Services. However, the Supplier

shall continue performance of the Contract to the extent not terminated.

of 139



4.26 Force Majeure

i. Notwithstanding the provisions of TCC, the Supplier shall not be liable for forfeiture

of its performance security, liquidated damages, or termination for default if and to

the extent that it’s delay in performance or other failure to perform its obligations

under the Contract is the result of an event of Force Majeure.

ii. For purposes of this clause, “Force Majeure” means an event beyond the control

of the Supplier and not involving the Supplier’s fault or negligence and not

foreseeable. Such events may include, but are not restricted to, acts of the Bank

in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine

restrictions, and freight embargoes.

iii. If a Force Majeure situation arises, the Supplier shall promptly notify the Bank in

writing of such condition and the cause thereof. Unless otherwise directed by the

Bank in writing, the Supplier 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.

4.27 Termination for Insolvency

The Bank may, at any time, terminate the Contract by giving written notice to the

Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event,

termination will be without compensation to the Supplier, provided that such

termination will not prejudice or affect any right of action or remedy, which has

accrued or will accrue thereafter to the Bank.

4.28 Termination for Convenience

The Bank, by written notice sent to the Supplier, may terminate the Contract, in

whole or in part, at any time for its convenience. The notice of termination shall

specify that termination is for the Bank’s convenience, the extent to which

performance of the Supplier under the Contract is terminated, and the date upon

which such termination becomes effective.

4.29 Resolution of Disputes

i. The Bank and the Supplier shall make every effort to resolve amicably by direct

informal negotiation, any disagreement or dispute arising between them under or

in connection with the Contract.

of 139



ii. If, the Bank and the Supplier have been unable to resolve amicably a Contract

dispute even after a reasonably long period, either party may require that the

dispute be referred for resolution to the formal mechanisms specified herein below.

These mechanisms may include, but are not restricted to, conciliation mediated

by a third party and/or adjudication in an agreed national forum.

iii. The dispute resolution mechanism to be applied shall be as follows:

• In case of Dispute or difference arising between the Bank and the Supplier

relating to any matter arising out of or connected with this agreement, such

disputes or difference shall be settled in accordance with the Arbitration and

Conciliation Act, 1996. Where the value of the Contract is above Rs.1 Crore,

the arbitral tribunal shall consist of 3 arbitrators, one each to be appointed by

the Purchaser and the Supplier. The third Arbitrator shall be chosen by mutual

discussion between the Purchaser and the Supplier;

• Arbitration proceedings shall be held at Mumbai, and the language of the

arbitration proceedings and that of all documents and communications between

the parties shall be English;

• The decision of the majority of arbitrators shall be final and binding upon both

parties. The cost and expenses of Arbitration proceedings will be paid as

determined by the arbitral tribunal. However, the expenses incurred by each

party in connection with the preparation, presentation, etc., of its proceedings

as also the fees and expenses paid to the arbitrator appointed by such party or

on its behalf shall be borne by each party itself; and

• Where the value of the contract is Rs.1 Crore and below, the disputes or

differences arising shall be referred to the Sole Arbitrator. The Sole Arbitrator

should be appointed by agreement between the parties.

4.30 Governing Language

The governing language shall be English.

4.31 Applicable Law

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

and the Bidder shall agree to submit to the courts under whose exclusive

jurisdiction the Registered Office of the Bank falls.

of 139



4.32 Addresses for Notices

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

Bank’s address for notice purposes:

General Manager

Bank of India, Head Office,

I T Dept., 8th Floor, Star House2, C-4, G-Block, BKC

Bandra East, Mumbai – 400 051.

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

…………………………………………………………………………………

......................……………………………………………………………………

A notice shall be effective when delivered or on effective date of the notice

whichever is later.

4.33 Taxes and Duties

i. The Supplier will be entirely responsible for all applicable taxes, duties, levies,

charges, license fees, road permits, etc. in connection with delivery of products at

site including incidental services and commissioning. Payment of Octroi, entry-

tax, etc., alone, if applicable, will be made at actuals, on production of suitable

evidence of payment by the Supplier.

ii. Income / Corporate Taxes in India:

The Supplier shall be liable to pay all corporate taxes and income tax that shall be

levied according to the laws and regulations applicable from time to time in India

and the price bid by the Supplier shall include all such taxes in the contract price.

iii. Tax deduction at Source:

Wherever the laws and regulations require deduction of such taxes at the source

of payment, the Bank shall effect such deductions from the payment due to the

Supplier. The remittance of amounts so deducted and issuance of certificate for

such deductions shall be made by the Bank as per the laws and regulations in

of 139



force. Nothing in the Contract shall relieve the Supplier from his responsibility to

pay any tax that may be levied in India on income and profits made by the Supplier

in respect of this contract.

iv. The Supplier’s staff, personnel and labour will be liable to pay personal income

taxes in India in respect of such of their salaries and wages as are chargeable

under the laws and regulations for the time being in force, and the Supplier shall

perform such duties in regard to such deductions thereof as may be imposed on

him by such laws and regulations.

4.34 Supplier’s Integrity

The Supplier is responsible for and obliged to conduct all contracted activities in

accordance with the contract using state-of-the-art methods and economic

principles and exercising all means available to achieve the performance specified

in the Contract.

4.35 Supplier’s obligations

i. The Supplier is obliged to work closely with the Bank’s staff, act within its own

authority and abide by directives issued by the Bank and implementation activities.

ii. The Supplier will abide by the job safety measures prevalent in India and will free

the Bank from all demands or responsibilities arising from accidents or loss of life,

the cause of which is the Supplier’s negligence. The Supplier will pay all

indemnities arising from such incidents and will not hold the Bank responsible or

obligated.

iii. The Supplier is responsible for managing the activities of its personnel or sub-

contracted personnel and will hold itself responsible for any misdemeanours.

iv. The Supplier will treat as confidential all data and information about the Bank,

obtained in the execution of his responsibilities, in strict confidence and will not

reveal such information to any other party without the prior written approval of the

Bank.

4.36 Patent Rights/Intellectual Property Rights

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

trade names, copyright, patent, intellectual property rights or industrial design rights

arising from the use of the Products or any part thereof in India, the Supplier shall

of 139



act expeditiously to extinguish such claim. If the Supplier fails to comply and the

Bank is required to pay compensation to a third party resulting from such

infringement, the Supplier shall be responsible for the compensation including all

expenses, court costs and lawyer fees. The Bank will give notice to the Supplier of

such claim, if it is made, without delay.

4.37 Site preparation and installation

The Bank is solely responsible for the construction of the hardware site in

compliance with the technical and environmental specifications. The Bank will

designate the installation site before the scheduled installation date, to allow the

Supplier to perform a site inspection to verify the appropriateness of the sites

before the installation / commissioning of the software.

4.38 Installation/Commissioning of Hardware/Software

The Supplier is responsible for all unpacking and installation of Products. The

Supplier will test all hardware/system operations and accomplish all adjustments

necessary for successful and continuous operation of the hardware/software at all

installation sites.

4.39 Technical Documentation

The Technical Documentation involving detailed instruction for operation and

maintenance of the hardware (if any) and software is to be delivered. The language

of the documentation should be English.

4.40 Indemnity

The vendor shall keep and hold the Bank and its directors, employees, affiliates etc.

indemnified and harmless from time and at all times against all actions,

proceedings claims, suits, liabilities (including statutory liability),penalties,

charges, costs (including legal costs) and expenses, damages, losses and any

other expenses which may be caused to or suffered by or made or taken against

the Bank arising out of:

i. breach, default or non-performance of undertakings, warranties, covenants or

obligations under this agreement by the Vendor and/or

ii. Malfunctioning of the solution under the project as supplied installed and

migrated by him/her and/or

of 139



iii. Any contravention or Non-compliance with any applicable laws, regulations,

rules, statutory or legal requirements by the vendor and/or

iv. An act or omission (including misconduct or negligence) of the Vendor, its

employees, its agents, sub-contractors in the performance of the obligations

of the Vendor under this Agreement; and/or claims made by employees or

subcontractor's or subcontractors employees who are deployed by the Vendor

against the Bank; and/or.

v. breach of any of the term of this Agreement and / or the RFP or breach of any

representation or warranty of the Vendor under this Agreement; or

vi. Violation of confidentiality obligations

vii. Any or all Deliverables or Services infringing any patent, trademarks,

copyrights or such other Intellectual Property Rights.

Further, the Vendor shall indemnify, protect and save the Bank against all claims,

loses, costs, damages, expenses, action suits and other proceedings, resulting from infringement as defined under the applicable Intellectual Property Right laws

applicable.

All indemnities shall survive notwithstanding expiry or termination of this Agreement.

4.41 Limitation of Liability

The liability under this Agreement, to the extent allowed by Indian laws, shall be

limited to the total contract value and neither party shall be liable for indirect and

remote loss and damages. However the liability under no circumstances shall be

capped for any claims, losses, damages relating to the following: -

(i) Violation of the confidentiality obligations, and

(ii) Violation/infringement of IPR, patents, copy rights, trade marks etc, and

(iii) Claim against the bank by the vendor’s agent/employees, and

(iv) Wilful/deliberate act or omission on the part of vendor or its employees or

agents and/or fraud.

of 139



4.42 Confidentiality

1. The Company acknowledges that in the course of performing their obligations

under this Agreement, the Company shall be exposed to or acquire Confidential

Information of the Bank or its customers/clients. The Company understands and

acknowledges that it will be given access to such Confidential Information solely

as a consequence of and pursuant to this Agreement.

2. The Company will, at all times, maintain confidentiality of the Confidential

Information and of this Agreement, Information of Bank including of the Bank’s

Customer, any business, technical, financial information / data or any other

information disclosed or accessible to the Company for this project whether at the

time of disclosure, designated in writing as confidential or not.

3. The Company agrees to keep in confidence and not disclose to any third party

and all Confidential Information available to the Company and whether such

information is given in writing or oral or visual, and whether such writing is marked

to indicate the claims of ownership and/or secrecy or otherwise. The Company

agrees that it shall not use, nor reproduce for use in any way, any Confidential

Information of the Bank except to the extent required to fulfill its obligations under

the Agreement. The Company agrees to protect the Confidential Information of

the Bank with at least the same standard of care and procedures used by to

protect its own Confidential Information of similar importance but at all times using

at least a reasonable degree of care.

4. The Company shall also ensure that its officials/employees and if Company is permitted by the Bank in writing to assign, delegate or hire another person to

assist it in the performance of its obligations under this Agreement, such person also shall maintain the confidentiality of the Confidential Information in the same manner as the Company is bound to maintain the confidentiality.

5. The provisions of this Article shall survive notwithstanding the expiration or

termination of this Agreement for any reason whatsoever.

of 139



4.43 Agreement Period

The bank proposes to enter into an agreement with the service provider for a period

of five years for availing the services specified in this RFP, If so desired by the Bank,

the contract may be extended for another period of one year from the date of its expiry

on the same terms and conditions.

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

of 139



PART 5: TECHNICAL & FUNCTIONAL SPECIFICATIONS (TFS)

(To be included in the Technical Bids duly completed and with comments)

TECHNICAL SPECIFICATIONS

The first stage evaluation will be limited to technical parameters. The Bank will award scores

to each parameter prescribed in technical evaluation parameters matrix below basis the

response against the scope of work.

Sr No

Parameters and Scoring Max Score

Marks Obtained

1 Bidders’ sole experience in Merchant Acquiring Business with specific reference to no. of years of Experience in India

10

Up to Five Years : 0

> 5 Years – 10 Years : 5

>10 Years : 10

2 Number of Acquiring Banks with whom bidder has a direct agreement & bidder's switch has been certified for Merchant Acquiring for them.

10

Up to Three Public Sector Banks : 0

> Implementation above 3 Banks and up to 10 Banks : 5

> 10 Banks : 10

3 Number of POS/EDC Acquiring Transaction Processed Per Annum in India ( during past three years- each year)

10

Less than 20 Lakh per anum : 0

Above 20 Lakh up to 1 crore per anum : 5

Above 1 crore : 10

4 Bidder's agreements for sourcing merchants for Banks in India 10

Up to three Banks : 0

of 139



More than 3 and up to 5 Banks : 5

Above 5 Banks : 10

5 Bidders direct agreement with the bank for Implementing of Fraud Risk Management Tool in India

10

Up to 5 Banks : 0

Implementation above 5 Banks to 8 Bank : 5

Implementation above 8 Banks :10

6

Direct contract of the bidder with the banks for managing the Installed base of EDC/ POS terminals (PSTN & GPRS& Mobile POS) in India (aggregate number for all the banks together.

15

Installed and Managed upto 50000 Terminals as on the date of RFP : 0

Installed and managed above 50000 up to 100000 terminals : 5

Installed and managed above 100000 up to 250000 terminals : 10

Installed and managed More than 250000 terminals : 15

7 No of local NAC/ POP Locations for PSTN EDC machines helping the merchant to have local dialup

15

Less than 5 locations : 0

Greater than 5 but less than 10 locations : 5

10 or more location but less than 15 locations : 10

More than 15 Location : 15

8 Field Service Centers with dedicated local staff In India 15

Number of Service centers up to 200 in India : 0

Centers above 200 up to 250 : 5

Centers above 250 but up to 300 : 10

of 139



Centers above 300 and : 15

9 Value Added Services in India 25

A. Vendors own PC POS product ( Should be certified with Visa & MasterCard and NPCI) I. Bidder does not own the service, but will arrange if become successful : 0 II. Bidder own the service but not yet supplied to any Bank : 5 III. Bidder is successfully running the service to 3 Banks : 8 IV. Bidder is successfully running the service to 4 and above Banks : 10

10

B. Vendor own DCC solution I. Bidder does not own the service, but will arrange if become successful : 0 II. Bidder own the service but not yet supplied to any Bank : 2 III. Bidder is successfully running the service to 3 and more Banks : 5

5

C. Vendor's Cash @ POS , should be live for 4 ( Should be certified for 4 Banks) Banks – I. Bidder is already live this facility to two Banks : 2 II. Bidder is presently live with this facility for 3-5 Banks : 3 III. Bidder is live with this facility for more than 5 Banks : 5

5

D. Vendor's EMI on POS I. Bidder is already live this facility to two Banks : 2 II. Bidder is presently live with this facility for 3-5 Banks : 3 III. Bidder is live with this facility for more than 5 Banks : 5

5

10 Vendor should have its own warehouse to store the stock of the terminals in India

10

Less than 5 warehouses : 0

More than 5 but less than 10 warehouses : 5

Above 10 warehouse : 10

of 139



11 Call Center availability 10

More than 10 Employees: 10 Marks

Employees More than 5 less than 10: 5 Marks

Employees less than 5: 3 Marks

No Call Center: 0 Marks

12 No. of Centers Staffed by Vendor to support the Merchant Acquiring Activity

5

Less than 50: 2 Marks

5 to 100: 3 Marks

Over 100: 5 Marks

13 Availability of Portal of a Merchant to View transaction Status Online

5

If yes : 5 Marks

If No: 0 Marks

Total Max Score for Technical Evaluation 150

No scores would be awarded to responses which are found ambiguous or not containing

factual explanation or do not have documentary evidence to substantiate the claims made in

the response. The entity scoring no marks in two or more of the above technical parameters

will not be considered for short listing.

Only those bidders will be shortlisted, who will score minimum 75% marks out of

above table.

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

of 139



PART 6: BID FORM, PRICE SCHEDULES AND OTHER FORMATS (BF)

INDEX

FORMAT NUMBERS

6.1.1 Bid Form (Technical)

6.1.2 Bid Form (Price)

6.2 Non-Disclosure Agreement

6.3 Price Schedule

6.4 Bid Security Form

6.5 Contract Form

6.6 Performance Security Form

6.7 Bank Guarantee Form for Advance Payment (Not applicable for this RFP)

6.8 Manufacturer’s Authorisation Form

6.9 Certificate for Successful Commissioning

6.10 Organizational Profile

6.11 Service Support Details

6.12 Bank Guarantee against Annual Maintenance. (Not applicable for this RFP)

6.13 Bill of Material

6.14 Conformity to eligibility criteria

of 139



6.15 Unconditional acceptance of the Terms & Conditions of the RFP.

6.16 Format for online submission of pre-bid queries

FORMAT – 6.1.1

BID FORM (TECHNICAL BID)

(to be included in Technical Bid Envelope)

Date:..............................

To:

General Manager

Bank of India, Head Office,



Gentlemen:

Reg.: Merchant Acquiring Business and related activities in Bank of

India Ref: Your RFP Ref: BOI/HO/IT/POS-ACQ dated 10/08/2020

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Having examined the Bidding Documents, the receipt of which is hereby duly acknowledged,

we, the undersigned, offer to supply and deliver the Solution for Merchant Acquiring

Business in Bank of India and RRBs, in conformity with the said Bidding documents.

We undertake, if our Bid is accepted, to deliver, install and commission the Solution in

accordance with the delivery schedule specified in the Schedule of Requirements.

If our Bid is accepted, we will obtain the guarantee of a bank in a sum equivalent to 10 percent

of the Contract Price for the due performance of the Contract, in the form prescribed by the

Bank.

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.

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.

of 139



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”.

We understand that you are not bound to accept the lowest or any Bid you may receive.

Dated this ....... day of ............................ 20__

______________________________________________________________________

_

(Signature) (Name) (In the capacity of)

Duly authorised to sign Bid for and on behalf of _________________________________

of 139



MAT – 6.1.2

PROPOSAL FORM (PRICE PROPOSAL) (to be included in Price Proposal

Envelope)

To:

General Manager

Ban of India, Head Office,



Gentlemen:

Reg.: Merchant Acquiring Business and related activities in Bank

of India Ref: Your RFP Ref: BOI/HO/IT/POS-ACQ dated 10/08/2020

-------------------------------------------------------------------------------------------

Having examined the Bidding Documents, the receipt of which is hereby duly acknowledged,

we, the undersigned, offer to supply & deliver the solution for Merchant Acquiring Business

and related activities in Bank of India and RRBs, in conformity with the said Bidding

documents for the sum of ...................………….. (Total Proposal amount in words and

figures) or such other sums as may be ascertained in accordance with the Schedule of Prices

attached herewith and made part of this Proposal.

We undertake, if our Proposal is accepted, to deliver, install and commission the system, in

accordance with the delivery schedule specified in the Schedule of Requirements.

We agree to abide by the Proposal and the rates quoted therein for the orders awarded

by the Bank.

Until a formal contract is prepared and executed, this Proposal, together with your written

acceptance thereof and your notification of award, shall constitute a binding Contract between

us.

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”.

We understand that you are not bound to accept the lowest or any Proposal you may

receive.

of 139



Dated this ....... day of ............................ 20__

__________________________________ ________________________________

(signature) (in the capacity of)

Duly authorized to sign Proposal for and on behalf of

of 139



FORMAT 6.2

NON-DISCLOSURE AGREEMENT

WHEREAS, we, ________________________________________, having Registered

Office at __________________________________, hereinafter referred to as the

COMPANY, are agreeable to offering the End to End Solution for Merchant Acquiring

Business in Bank of India and RRBs, having Head Offices (as per table below),

hereinafter referred to as the BANK and,

WHEREAS, the COMPANY understands that the information regarding the Bank’s

Merchant Acquiring Business and related activities in Bank of India shared by the

BANK in their Request for Proposal is confidential and/or proprietary to the BANK, and

WHEREAS, the COMPANY understands that in the course of submission of the offer for

the said Merchant Acquiring Business and related activities in Bank of India and

Services and/or in the aftermath thereof, it may be necessary that the COMPANY may

perform certain jobs/duties on the Bank’s properties and/or have access to certain plans,

documents, approvals or information of the BANK;

NOW THEREFORE, in consideration of the foregoing, the COMPANY agrees to all

of the following conditions, in order to induce the BANK to grant the COMPANY

specific access to the BANK’s property/information

The COMPANY will not publish or disclose to others, nor, use in any services that the

COMPANY performs for others, any confidential or proprietary information belonging to

the BANK, unless the COMPANY has first obtained the BANK’s written Authorization to

do so;

The COMPANY agrees that notes, specifications, designs, memoranda and other data

shared by the BANK or, prepared or produced by the COMPANY for the purpose of

submitting the offer to the BANK for the said Merchant Acquiring Business and related

activities in Bank of India and Services, will not be disclosed to during or subsequent to

submission of the offer to the BANK, to anyone outside the

BANK

The COMPANY shall not, without the BANK’s written consent, disclose the contents of

this Request for Proposal (Bid) or any provision thereof, or any specification, plan, pattern,

sample or information (to be) furnished by or on behalf of the BANK in connection

therewith, to any person(s) other than those employed/engaged by the COMPANY for the

purpose of submitting the offer to the BANK and/or for the performance of the Contract in

of 139



the aftermath. Disclosure to any employed/engaged person(s) shall be made in

confidence and shall extend only so far as necessary for the purposes of such

performance.

Authorised Signatory

Name:

Designation:

Office Seal:

Place:

Date:



FORMAT – 6.3

Price Schedule Part I

(Include in Price Bid Only – Not to be included in Technical Bid)

ANNEXURE–H

INDICATIVE COMMERCIAL OFFER

(To be given on the Company’s Letter Head)

End to End Management of Merchant Acquisition Business

Sr No

Particulars YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL

1 Cost of Normal POS

a. PSTN

b. GPRS (Desktop) c. GPRS (Handheld)

Number

8000 8000 8000 8000 8000 Price Per unit(A)

A A1 A A2 A A3 A A4 A A5 O1

A*8000 A*8000 A*8000 A*8000 A*8000 O1=A1+A2+A3+A4+A5

2. POS with advanced

features

a. Android

b. NCMC Compliant

c. NFC

d. Biometric

e.

Number 8000 8000 8000 8000 8000 O2

Price Per unit (B)

B B1 B B2 B B3 B B4 B B5

B*8000 B*8000 B*8000 B*8000 B*8000 O2=B1+B2+B3+B4+B5

3. MPOS/Mobile POS Number 4000 4000 4000 4000 4000 O3

Price Per unit(C)

C C1 C C2 C C3 C C4 C C5

C*4000 C*4000 C*4000 C*4000 C*4000 O3=C1+C2+C3+C4+C5

4. Digital POS

a. UPI Enabled

b. QR

c. Soft POS

Number 50000 50000 50000 50000 50000 O4

Price Per unit (D)

D D1 D D2 D D3 D D4 D D D5

D*50000 D*50000 D*50000 D*50000 D*50000 O4=D1+D2+D3+D4+D5

5 Total Project Cost

for 5 Years

P=O1+O2+O3+O4

Amount in Figure- Amount in word-



Important Notes:

Detailed Specifications of all Software and Hardware Modules, Components as above to

be attached separately in the Technical Bid (Bill of Material, Format 6.13), supported by

Technical Literature/Product Catalogues/Brochures, etc. This is Mandatory.

• Price quoted should be excluding Sales tax, VAT, GST, Road Tax, Octroi etc. as

applicable in respective State.

• In case of discrepancy between figures and words, the amount in words shall prevail.

• No increase in costs, duties, levies, taxes, charges, etc., irrespective of reasons

(including exchange rate fluctuations, etc.) whatsoever, shall be admissible during the

currency of the Contract.

• Bank will provide Hardware with operating windows server of 2008-2016 & database

as SQL & Oracle. Any other software required to run the solution should be provided

by the bidder.

• The bidder should quote all-inclusive fee, which would, take care of all the expenses

related to the EDC machines warehousing, insurance, logistics from warehouse to ME,

deployment, maintenance, supply of the consumables, data processing, report

generation, reconciliation, switching, Fraud Risk Management, call

attending/certification and any other job as stipulated in the “scope of work”. No other

charges (miscellaneous charges in the forms of consumables, engineer site-visits etc.)

would be payable by the bank to bidder.

Signature of Bidder : ________________________

Name : ___________________________________

Business address : ________________________

__________________________________________

__________________________________________

Place :

Date :

of 139



FORMAT 6.4

BID SECURITY FORM

Whereas ...........................(hereinafter called “the Bidder”) has submitted its Bid dated

...................... (date of submission of Bid) for the supply of ................................. (name

and/or description of the Products/system) (hereinafter called “the Bid”).

KNOW ALL PEOPLE by these presents that WE ..................... (name of bank) of

.................. (name of country), having our registered office at .................. (address of

bank) (hereinafter called

“the Bank”), are bound unto ............................. (name of Purchaser) (hereinafter called

“the

Purchaser”) in the sum of _______________________for which payment well and truly

to be made to the said Purchaser, the Bank binds itself, its successors, and assigns by

these presents.

Sealed with the Common Seal of the said Bank this ____ day of _________ 20__.

THE CONDITIONS of this obligation are:

• If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder

on the Bid Form; or

• If the Bidder, having been notified of the acceptance of its Bid by the Purchaser

during the period of Bid validity:

(a) fails or refuses to execute the Contract Form if required; or

(b) fails or refuses to furnish the performance security, in accordance with the

Instruction to Bidders.

We undertake to pay the Purchaser up to the above amount upon receipt of its first written

demand, without the Purchaser having to substantiate its demand, provided that in its

demand the Purchaser will note that the amount claimed by it is due to it, owing to the

occurrence of one or both of the two conditions, specifying the occurred condition or

conditions.

of 139



This guarantee will remain in force up to and including forty five (45) days after the period

of the Bid validity, i.e. up to ________, and any demand in respect thereof should reach

the Bank not later than the above date.

...................................

(Signature of the Bidder’s Bank)

Note: Presence of restrictive clauses in the Bid Security Form such as suit filed

clause/clause requiring the Purchaser to initiate action to enforce the claim etc.,

will render the Bid non-responsive.

of 139



FORMAT 6.5

CONTRACT FORM

THIS AGREEMENT made the .......day of.................................., 20__, between .......................... (Name of Purchaser) (hereinafter called "the Purchaser") of the one part and ..................... (Name of Supplier) of ......................... (City and Country of Supplier) (hereinafter called "the Supplier") of the other part :

WHEREAS the Purchaser invited Bids for certain Products and services viz.,

..................................... (Brief Description of Products and Services) and has accepted a Bid by the Supplier for the supply of those Products and services in the sum of .............................. (Contract Price in Words and Figures) (hereinafter called "the Contract Price").

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

• In this Agreement words and expressions shall have the same meanings as

are respectively assigned to them in the Conditions of Contract referred to.

• The following documents of Bid No.: BOI/HO/IT/POS-ACQ dated

dd/mm/2020 shall be deemed to form and be read and construed as part

of this Agreement, viz.:

• the Bid Form and the Price Schedule submitted by the Bidder;

• the Bill of Material;

• the Technical & Functional Specifications;

• the Terms and Conditions of Contract;

• the Purchaser's Notification of Award;

• Schedule of Dates, Amounts etc. (SDA)

• In consideration of the payments to be made by the Purchaser to the

Supplier as hereinafter mentioned, the Supplier hereby covenants with the

Purchaser to provide the Products and services and to remedy defects

therein, in conformity in all respects with the provisions of the Contract.

• The Purchaser hereby covenants to pay the Supplier in consideration of the

provision of the Products and services and the remedying of defects therein,

the Contract Price or such other sum as may become payable under the

of 139



provisions of the Contract at the times and in the manner prescribed by the

Contract.

Brief particulars of the Products and services which shall be supplied/provided by

the Supplier are as under:

SL.

NO.

BRIEF DESCRIPTION

OF PRODUCTS &

SERVICES

QUANTITY TO

BE SUPPLIED.

TOTAL

PRICE (Rs.)

TOTAL VALUE: (Rs.)

DELIVERY SCHEDULE:

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with their respective laws the day and year first above written.

Signed, Sealed and Delivered by the said..................................................... (For the

Purchaser) in the presence of:.......................................

Signed, Sealed and Delivered by the said..................................................... (For the

Supplier) in the presence of:.......................................

of 139



FORMAT 6.6 PERFORMANCE SECURITY FORM

To: (Name of Purchaser)

WHEREAS ................................................................... (Name of Supplier) (hereinafter called

"the Supplier") has undertaken, in pursuance of Contract No................. dated,........... 20__. to

supply...................... .................................................(Description of Products and Services)

(hereinafter called "the Contract").

AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein,

as security for compliance with the Supplier's performance obligations in accordance with

the Contract.

AND WHEREAS we have agreed to give the Supplier a Guarantee:

THEREFORE, WE hereby affirm that we are Guarantors and responsible to you, on behalf

of the

Supplier, up to a total of ........Rs.1 crore............................................. (Amount of the

Guarantee in Words and Figures) and we undertake to pay you, upon your first written

demand declaring the Supplier to be in default under the Contract and without cavil or

argument, any sum or sums within the limit of ................................ (Amount of Guarantee)

as aforesaid, without your needing to prove or to show grounds or reasons for your

demand or the sum specified therein.

This guarantee is valid until the ........day of...................

Signature and Seal of Guarantors (Supplier’s Bank)

....................................................................

Date....................................................

Address:.......................................................

....................................................................

....................................................................

of 139



FORMAT 6.7 (Not Applicable for this RFP)

BANK GUARANTEE FOR ADVANCE PAYMENT

To: ___________________________ (name of Purchaser)

________________________ (address of Purchaser)

________________________ (name of Contact) Gentlemen:

In accordance with the provisions of the Terms and Conditions of Contract, to provide

for advance payment, _____________________________ (name and address of

Supplier) (hereinafter called "the Supplier") shall deposit with ________________

(name of Purchaser) a bank guarantee to guarantee his proper and faithful

performance under the said Clause of the Contract in an amount of _____________

(amount of guarantee*(in figures and words).

We, the__________________________ (bank or financial institution), as instructed by

the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and

not as Surety merely, the payment to __________________________ (name of

Purchaser) on his first demand without whatsoever right of objection on our part and

without his first claim to the Supplier, in the amount not exceeding

_________________________ (amount of guarantee* in figures and words).

We further agree that no change or addition to or other modification of the terms of the

Contract to be performed thereunder or of any of the Contract documents which may be

made between __________________________ (name of Purchaser) and the Supplier,

shall in any way release us from any liability under this guarantee, and we hereby waive

notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment

received by the Supplier under the contract until ________________ (expected date of

last delivery). An amount is to be inserted by the bank or financial institution representing

the amount of the Advance Payment.

Yours truly,

Signature and seal : Name of bank/ Financial institution :

Address :

Date :

of 139



FORMAT 6.8

MANUFACTURERS'/PRODUCERS’ AUTHORIZATION FORM

No. Date:

To:

Dear Sir,

Ref: Your RFP Ref: BOI/HO/IT/POS-ACQ dated dd/mm/2020

We who are established and reputable manufacturers

/

producers of ________________________ having factories / development facilities at

(address of factory / facility) do hereby authorize M/s ___________________ (Name and

address of Agent) to submit a Bid, and sign the contract with you against the above Bid

Invitation.

We hereby extend our full guarantee and warranty for the Solution, Products and services

offered by the above firm against this Bid Invitation.

We also undertake to provide any or all of the following materials, notifications,

and information pertaining to the Products manufactured or distributed by the Supplier :

(a) Such Products as the Bank may opt to purchase from the Supplier, provided, that this

option shall not relieve the Supplier of any warranty obligations under the Contract;

and

(b) in the event of termination of production of such Products:

i. advance notification to the Bank of the pending termination, in sufficient time to

permit the Bank to procure needed requirements; and

i. following such termination, furnishing at no cost to the Bank, the blueprints, design

documents, operations manuals, standards, source codes and specifications of the

Products, if requested.

of 139



We duly authorise the said firm to act on our behalf in fulfilling all installations,

Technical support and maintenance obligations required by the contract.

Yours faithfully,

(Name)

(Name of Producers)

Note: This letter of authority should be on the letterhead of the manufacturer and should be

signed by a person competent and having the power of attorney to bind the manufacturer.

The Bidder in its Bid should include it.

of 139



FORMAT 6.9

PROFORMA OF CERTIFICATE FOR ISSUE BY THE PURCHASER

AFTER SUCCESSFUL COMMISSIONING OF THE SOLUTION

No. Date:

M/s.

Sub: Certificate of commissioning of Solution

1. This is to certify that the products / equipment as detailed below has/have been

received in good condition along with all the standard and special accessories

(subject to remarks in Para No. 2) in accordance with the Contract/Specifications.

The same has been installed and commissioned.

a. Contract No._________________ dated ____________________ ___

a. Description of the Solution ____________________________ ___

a. Quantity ____________________________________________ ____

a. Date of commissioning and proving test ________________________

2. Details of products not yet supplied and recoveries to be made on that account:

S.No. Description Amount to be recovered

3. the proving test has been done to our entire satisfaction and Staff have been trained

to operate the Product.

4. The Supplier has fulfilled his contractual obligations satisfactorily* or

of 139



The Supplier has failed to fulfill his contractual obligations with regard to the following:

(a)

(b)

(c)

(d)

5. The amount of recovery on account of non-supply of Products is given under Para

No. 2.

6. The amount of recovery on account of failure of the Supplier to meet his contractual

obligations is as indicated in endorsement of the letter.

Signature _______________________

Name _______________________

Designation with stamp __________________

______________________________________

* Explanatory notes for filling up the certificates:

• The supplier has adhered to the time schedule specified in the contract in

dispatching the Products / Manuals pursuant to Technical Specifications.

• The supplier has supervised the commissioning of the solution in time i.e., within

the period specified in the contract from the date of intimation by the Purchaser in

respect of the installation of the Product.

• Training of personnel has been done by the Supplier as specified in the contract.

• In the event of Manuals having not been supplied or installation and commissioning

of the Solution having been delayed on account of the Supplier, the extent of delay

should always be mentioned.

of 139



•

FORMAT 6.10

ORGANISATIONAL PROFILE

(Include in Technical Proposal Only – Not to be included in Price Proposal)

CONSTITUTION

1. Proprietary

2. Partnership

3. Private Ltd.

4. Public Ltd.

:

Established since

Commercial Production of

the solution on Offer

started since

: :

Address of Registered

Office

:

Category : i. Software Producer / Developer (Principal) ii. Hardware Manufacturer (Principal) iii. System Integrator / Solution Provider (Third-

party) iv. Any Other (please specify)

Name Phone

Nos.

Codes)

(with STD

Names of

Proprietor/Partners/

Directors

: 1.

2.

3.

4.

5.

Number of Engineers

familiar with the solution

being offered

:

Number of Total

Employees

:

of 139



Solution being offered, sold so far to :

Purchaser, with full

address and Details of

contact person (Phone,

Fax and E-Mail)

Modules

in Use

Date

Sale

of Whether Warranty/AMC

still continues

1.

2.

3.

Note: Please support the above facts with documentary evidence. Please also attach Income-Tax Clearance Certificate (latest) Referral Letters from Clients mentioned above

Signature of Bidder:

__________________

Name :

_____________________________

Business address :

____________________

Place Date:

of 139



FORMAT 6.11

Service Support Details Form

City /

Location Postal Address,

Telephone, Fax,

E-Mail and

Office

Hours

Working Number

Software

Engineers

capable

of

of

Owned or

Franchisee.

Contact Details of

Support

Personnel

(Please

mention

whether

Support Agency

is

Owned

Franchisee

arrangement)

the

or

supporting

the Software

being offered

of 139



FORMAT 6.12

FORMAT FOR BANK GUARANTEE AGAINST ANNUAL MAINTENANCE (ON

NONJUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

Bank Guarantee No.: Date:

To ............................................................... (Name of the Purchaser)

Whereas ........................................... (Name of the Supplier) hereinafter called "the

Supplier" has undertaken, in pursuance of contract No ............................... dated

.................. to supply ........................................................ (Description of Products and

Services) hereinafter called "the Contract".

AND WHEREAS it has been stipulated by you in the said contract that the Supplier shall

furnish you with a Bank Guarantee by a recognised Bank for the sum specified therein as

security for compliance with the Supplier's performance obligations under the contract for

Annual Maintenance and Repairs of the entire system including cost of spares after

warranty period for next four years.

AND WHEREAS we have agreed to give the Supplier a Guarantee.

THEREFORE WE hereby affirm that we are Guarantors and responsible to you on behalf

of the Supplier, up to a total of Rs. .......................... (Amount of guarantee in words and

figures) being 10% of the Contract Price and we undertake to pay you, upon your first

written demand declaring the Supplier to be in default under the contract and without cavil

or argument, any sum or sums within the limit of Rs. ..................... (Amount of guarantee)

as aforesaid, without your needing to prove or to show grounds or reasons for your

demand or the sum specified therein.

This guarantee is valid until.............. day of ..........................

Signature and Seal of Guarantors

Date: ...............

NOTE:

1. SUPPLIERS SHOULD ENSURE THAT SEAL AND CODE No. OF THE

SIGNATORY IS PUT BY THE BANKERS, BEFORE SUBMISSION OF THE BANK

GUARANTEES.

2. STAMP PAPER IS REQUIRED FOR THE BANK GUARANTEES ISSUED BY

THE BANKS LOCATED IN INDIA.

of 139



Format 6.13

Bill of Material Part-A

(To be included in Technical Bid)

A) The Bidder should provide Bill of Material (details of all Modules / Components of

Software including those bought-out, off-the-shelf or third-party products / items

required) Module-wise, in the following format. Details of all relevant/applicable

System, Utility, Security, and Communication and Application Software components

should be included. Total hardware requirements should be given in the next Table.

1

Module

/

Item

2

Description

3

Make

Model /

Version

/ 4

Principal

Vendor /

5

Quantity/

No. of

Licenses

6

Number of installations

7

(7 = 5 * 6)

Total

Quantity

Part

numbers

Manufacturer per

installation

Signature of Bidder: ___________________

Name: _______________________________

Business Address: ____________________

Place:

Date:

of 139



Format 6.13 (Not Applicable for this RFP) Part-B

B) The Bidder must specify complete details of Hardware required for successful

implementation of the offered solution, in the following format.

1

Module

/ Item

(same as

Col.1

above)

2

Module

Description (

same as Col.2

above)

3

Hardware requirement [Please

mention Make / Model (if any),

Type and No. of Processors,

Memory, bus speed, Hard Disk &

Operating System no of users,

license type, version etc.]

4

Number of

installations

[same as Col. 6

above]

Signature of Bidder:

Name: __________ Business Address:

Place:

Date:

of 139



Format 6.14

CONFORMITY TO ELIGIBILITY CRITERIA

The Eligibility criteria for the bidders for Management of POS Terminals are as under:

S.No. Particulars Yes/No

(Supporting Papers)

1. Bidder should be a registered

company in India under

relevant Indian Companies /

Companies Act 2013 and

should have been in operation

for a period at least five years

as on date of RFP.

The Certificate of Incorporation issued by

Registrar of Companies along with the

copies of Memorandum and Articles of

Association are required to be submitted

along with the technical bid.

2. Bidder should have

implemented and/or managed

end to end solution for

Merchant Acquiring Business

Solution successfully for

minimum five years, for at

least in 2 Public sector banks

in India.

Supported by documentary evidence and

also copies of the Service Contracts

wherever entered. (The Bank will consider

the arrangements to be firmed up only when

documents evidencing agreements signed or

undertakings / commitments made are

submitted. Bidders who have not firmed up

arrangements with other vendors /

subcontractors are not likely to be

considered.). Letter from the organization

concerned confirming successful

implementation of fraud monitoring solution

for card based transactions with them, to be

submitted with following details –

· Name of the client

· Type of Model

· Scope of Project

· Name of the person who can be referred to

from Clients’ side, with

Name, Designation, Postal

Address, Contact Phone and Fax numbers,

E-Mail

Ids, etc., (Attach copies of purchase orders)

The Bank reserves the right to inspect such

installations while evaluating the Technical

Bid.

of 139



3. The Bidder should be a

Company incorporated in India

with an Issued and Paid up

Share Capital of at least 15

Crore ( Rupees Fifteen Crores),

and net worth of minimum

100 crore

Yes/No

Latest audited Balance sheet and, Certificate

of incorporation, Memorandum and Article of

Association

4. The Bidder should have

minimum annual turnover of

100 crore and with operating

profit for last three consecutive

years.

Yes/No

Audited Balance Sheet/Profit and Loss

statement for the year 2016-17, 2017-18,

2018-19, for the year 2019-20 if audited

papers are not available, bidder should

submit un-audited.

5. The Bidder should have its own

warehouse in at least 10 cities

in India to manage/ store

Bank’s Terminals.

Yes/No

Self-declaration with details and addresses/

Phone numbers and contact person of such

centers.


understood the concepts of the

EDC / POS deployment,

processing, operations and

management, preferably

participating in implementing

similar projects in any of the

Banks / Financial – Institutions

in India, in-line with RBI / VISA /

MasterCard / NPCI Guidelines.

Details of such understandings

and implementations need to

be furnished along with the

proposal.

Yes/No

Self-declaration with details of the Banks for

them the bidder is handling such end to end

solution as per scope of this RFP.

7. The bidder should have

experience in managing &

should have required

registration to manage /

maintain bank owned terminals.

Yes/No

The bidder will be required to give self-

declaration along with the certificate from the

respective Banks, with period since when

they are managing the job as per the scope

of the RFP.

of 139



8. The bidder will be required to

have own POS acquiring switch

in India.

Yes/No

Self-declaration with details of these switches

owned (location/capacity and name of the

Bank for which they are doing the activity)

9. The bidder need to have its own

direct connectivity in India with

MasterCard/VISA and NPCI. In

future as per Bank requirement

they will have connectivity with

other scheme networks such as

Diners /Discover etc.

Yes/No

Self-declaration with details of Banks, they

are having such connectivity.

10. To support GPRS Terminals,

bidder should have private APN

(Access Point Name) in India to

provide connectivity to GPRS

terminals.

Yes/No

Self-declaration, with details of the Banks,

bidder is managing such terminals.

11. The bidder should have service

offices on at least 200 locations

in India, to support the

Merchants. Bidder is required to

submit addresses/name and

contact details of these

engineers.

Yes/No

Self-declaration with details and addresses/

Phone numbers and contact person of such

centers.


handled similar projects as per

the scope of the work described

for at least two public sector

banks in India for minimum

period of three years for each

Bank as on the date of RFP, in

line with RBI/Master card/VISA

and NPCI guidelines. Covering

the same scope of the services.

The Bidder should own/ have a

license to use of the Merchant

Acquiring hardware and

software processing and

switching platform in-house

within India.

Yes/No

Self-declaration as well as certificate from the

respective Banks with details of scope and

period since doing the job for those Banks.

of 139



13. The bidder should have

experience in managing DCC

business for at least two Banks

with annual DCC turnover of

over 50 crore for a period of

previous three years.

Yes/No


respective Banks with details and period

since doing the job for those Banks.

14. The bidder is required to have

at least managing over 50000

merchants as on the date of

RFP. The annual turnover of

transactions through these

terminals minimum 20 lakhs

transaction per day during the

preceding three years (bidder

will be required to submit

certificates from the Banks).

Yes/No




15. The bidder should have at least

Five years working experience

in acquiring business (End to

End) as on the date of the RFP

( the time will start from the date

of first terminal has been

deployed by the bidder for any

Bank in India).

Yes/No




16. The Bidder should be complaint

with the Payment Card

Industry-Data Security

Standards (PCI-DSS). The

Acquiring Switch and Systems

being used by the bidder in

India to be currently certified as

per latest PCI-DSS Standards.

Yes/No

Self-declaration as well as self-attested copy

of the valid certificate.


Disaster Recovery Centre

facility available in India as on

Date. The Bidder should also

have Business Continuity Plan

in place.

Yes/No

Self-declaration with details of DR system.

of 139



18. The Bidder should have on line

Risk management and Fraud

Monitoring Tools and

techniques for monitoring of

any suspected transactions,

based on pre-defined and

dynamic Customized rules

framed by them in consultation

with the Bank. Their System

should have ability to provide

transaction and merchant

monitoring process. The bidder

should have minimum

experience of two years for

handling fraud & risk

management for two Banks in

India.

Yes/No

Self-declaration with the certificate from the

Banks for whom they are managing FRM,

with period since managing.

19. The Bidder should have charge

back management system.

Yes/No

Self-declaration

20. The Bidder should have 24X7

centralized Call center in India,

with IVRS and de-centralized

ME Help Desk and contact

merchant on FRM alerts, with

multi language support.

Yes/No

Self-declaration, with details of the call

center, they are having/ hired.

21. The Bidder should own or have

a license to use of the Merchant

Acquiring hardware and

software processing platform

in-house within India.

Yes/No

Self-attested copy of the licence

22. The Bidder should have its

switch certified for credit, debit

and pre-paid card acquiring in

India by VISA /MasterCard/

NPCI or any other Bank or

institution.

Yes/No

Self-attested copy of the certificate.

of 139




registered Third party

Processor and Member Service

Provider (TPP and MSP) for

VISA/MasterCard/ Rupay and

any other Bank or institution

issued credit and debit card

acquiring business in India.

Yes/No

Certificate from the respective Banks.

24. The bidder must have

VISA/MasterCard, NPCI

certified host and Visa Access

Point (VAP), MasterCard

Interface Processor (MIP),

Rupay connectivity duly

certified at its own premises in

India. The bidder should have

capability to get themselves

certified for acceptance of any

other present/ future cards

(may be AMEX/ Diners etc.

Cards).

Yes/No

Certificate copy for the existing connectivity

and self-declaration for future capability.

25. The bidder needs to have direct

connectivity with Banks/ its

partners for connectivity with its

credit cards/ Debit cards/CUG

cards/ other switches.

Yes/No

Self-declaration

26. The Bidder should have the

capabilities to suggest and

provide add-on requirements

related to monitoring of the

Transactions (MIS, Fraud Alert

Reports, Velocity Reports and

Add-on Tools, etc.) etc.

Yes/No

Self-declaration

of 139



27. The Bidder should have its

switch certified for credit /debit

card acquiring in India by VISA

/ MasterCard/ NPCI and any

other bank/ Institutions and

should have capability to make

them capable and certified for

acceptance of any other

present/ future cards (may be

AMEX/ Diners etc. Cards).

Yes/No

Self-attested Copy of the existing certificates.

And self-declaration for future requirements.


registered or will register Third

Party Processor / Member

Service Provider (TPP / MSP)

for VISA / MasterCard/ NPCI

and any other present or future

entity (AMEX, Diners etc.) in

India.

Yes/No

Self-attested Copy of the existing

registration. And self-declaration for future

requirements.

29. The Bidder should have VAP /

MIP/Rupay connectivity in India

to provide the necessary

connectivity to the Bank for

routing VISA / MasterCard/

RUPAY transactions.

Yes/No

Self-declaration

30. The bidder should have owned/

managed Data Centre of at

least Tier -4 level, with Disaster

recovery Centre in India in a

different seismic zone, capable

of providing all type of services

with respect to POS operations

in India.

Yes/No

Self-declaration with details of such Disaster

recovery center.

31. The bidder is required to have

switching through its scheme

certified switch a minimum of

25000 EDC machines per Bank

for any two Banks in India of

which one should be PSB.

Yes/No

Self-declaration.

Details of the switch with the names of the

Banks, they are handling

of 139



32. The Bidder should not have any

past reported/recorded incident

of any breach of security or data

compromise, notified by the

Bank/ IBA/

MasterCard/Visa/NPCI/ RBI or

any other authorities during the

past Five years in India (this

may not be for only POS related

activities, but any other activity

handled by the Bidder).

Yes/No

Self-declaration

33. The Bidder should not have

been blacklisted by any Bank/

Financial Institutions/ RBI/ Bank

Association or any other

Authority in India.

Yes/No

Self-declaration

34. Consortium will not be

permitted.

Yes/No

Self-declaration that bidder is not consortium

of 139



Format 6.15

UNCONDITIONAL ACCEPTANCE OF THE TERMS & CONDITIONS OF THE RFP

(To be submitted on the Company’s Letter Head)

Date:

To:

Bank of India,

Information Technology Department,

Head Office, Star House -2,

8th Floor, C-4, G-Block,

Bandra Kurla Complex, Bandra (East),

Mumbai – 400 051

RFP Ref. No. BOI/HO/IT/POS-ACQ dated dd/mm/2020, for procurement of solution

for Bank of India.

This is to confirm that we unconditionally accept all the terms and conditions as mentioned

in the said RFP including all addendum/amendment floated for Bank of India pertaining

to this RFP.

(Name)

Designation

Seal/Stamp of the Contractor

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

of 139



FORMAT – 6.16

(Pre-Bid Queries to be submitted online in excel sheet)

Sr. No. RFP Clause and Page

No.

RFP Terms Clarification sought

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

of 139



PART 7: SCHEDULE OF DATES, AMOUNTS ETC. (SDA)

7.1 Bid Security Amount Rs. 10,00,000/-

7.2 Bid Validity Up to 180 days from the last

date Stipulated for

receipt of responses to

the Bid

7.3 Period within which Performance Security or

Amendment thereto is to be submitted by the

Successful Bidder upon notification of

Award Of Contract

21 days

7.4 Period within which the Successful Bidder should

Sign the Contract after receipt of the Form of

Contract.

7 days

7.5 Period of Performance Contract (from the

Date of Award of Contract (read with 7.14)

Min 60 months to be \

valid up to expiry of

warranty

7.6 Performance Security Amount Rs.1 crore

7.7 Minimum Warranty period for the entire

Solution

60 months from date of

user acceptance

7.8 User Acceptance tests Refer: 7.16

7.9 Period within which Supplier to remedy defects

after having been notified of the same

7 days

7.10 Required period of validity of the Performance

Security after the completion of performance

60 months

7.11 Period within which Bank will return the

Performance Security subject to terms

90 days

of 139



7.12 Training:

i The vendor should provide training to personnel identified by BANK OF INDIA on

functional, operational and administration of Solution.

ii The vendor should provide the following trainings:

a. User Training

b. System Administration Training

c. Top Management Training

iii Each training should be of required duration and with a batch size as mutually

agreed by BANK OF INDIA and the vendor

iv Training should include training material /detailed user manual.

v The vendor should provide detailed training plan for this purpose

7.13 Minimum commitment required for Application Software offered to the Bank for 5

years with continuation of one more year in case Bank desires to extend the contract.

7.14 Period within which Products / Services under the Contract are to be

installed/commissioned from the Date of signing of Contract:

• Initial Installation as given in Part 5 under implementation 60 days

• Subsequent installation as mutually decide

7.15 Payment Terms

The Bank will release payment as follows:-

• The payment shall be released by Head Office of the Bank of India on submission

of sign-off letter obtained by an authorized official of the BANK OF INDIA. and

• After supply and installation of solution at BANK OF INDIA Data Centre / Disaster

Recovery (DR) Centre the payment shall be made as on monthly basis as per

transactions volume.

7.16 Acceptance Tests

The User acceptance test will be carried out as per mutually agreed Acceptance

Test Plan against the systems requirements. The system will be considered

accepted (supplied, installed and operationalized) only after ATP is completed as

per the agreed plan and is duly signed/certified by the Bank and the bidder.

Some of features required to be completed are enumerated below:

• The software should correspond to what is stated in the purchase order without

deviation except where mutually agreed upon

of 139



• The equipment and software is fully installed.

• The features specified in the TFS/mutually agreed for implementation should be

demonstrated.

• The final acceptance of the system will be based on successful processing under

live operations, acceptable to user dept/dept. concerned.

• Capacity to handle a volume of transactions generated from our accounts with

annual increase in volumes.

7.17 Project Reporting

i. Vendor should submit a weekly report on the development of the project along

with reasons of delay.

ii. Periodical meetings will be held between the vendor and BOI to review the

progress report and the vendor will be required to attend all such meetings.

7.18 System maintenance and support

i. The vendor should fix all the Solution problems and provide and implement

upgrades during the contract period free of cost.

ii. The vendor should provide changes and upgrades with regard to changes in

statutory requirements at the earliest and free of cost during the contract period.

iii. The vendor should provide and implement functionality change as required by the

end user during the contract period.

iv. The vendor should be able to comply with the Service Level Agreement.

7.19 Schedule of Implementation

i. The vendor should commence implementation of the Solution within two months

from the date of award of contract at BOI Head Office as well as at the DR Site.

The implementation shall comprise of System Configuration, Customization, Pilot

Implementation, UAT and System Roll Out. (DR SITE location).

ii. The period of warranty will start from the date of signing off of the UAT.

iii. The support services shall be for a period of at least 5 years after the expiry of

warranty period. Bank should have at least one onsite DBA support during office

of 139



hours of the bank and in case of exigencies, request for extended hours will have

to be considered by the vendor.

7.20 Annexure - C

i. Service Level Agreement (SLA) and Contracting (Indicative only)

ii. The Bank expects that the successful Bidder to adhere to the following minimum

Service Levels.

iii. The bidder should commit to provide services for implementation, roll-out,

support, maintenance etc. for minimum 5 years. Continuing the

services/maintenance for beyond 5 years/contract period as per the RFP shall be

at the sole discretion of the Bank.

iv. The Bidder understands the largeness of this Project and that it would require

tremendous commitment of financial and technical resources for the same, for the

tenure of Contract under this RFP. The Bidder therefore agrees and undertakes

that an exit resulting due to expiry or termination of Contract under this RFP or for

any reason whatsoever would be a slow process over a period of six (6) months,

after the completion of the notice period, and only after completion of the Bidders

obligations under a reverse transition mechanism. During this period of Reverse

Transition, the Bidder shall continue to provide the Deliverables and the Services

in accordance with the contract under this RFP and shall maintain the agreed

Service levels. The Bank shall make payment for these services as per terms

AND CONDITIONS.

v. The bidder must undertake also submit a letter from OEM (Hardware and

Application Software) certifying that if the bidder/ system integrator is not able to

meet its obligations related to the service and support for the product as per

contract during contract period, the OEM shall perform the said obligations with

regard to their items through alternate and acceptable service provider. The

bidder will be system integrator and will be liable for the Hardware as well as

Software performance.

vi. During the Term of this RFP, Bidder shall provide 99.95% uptime per month. If

Bidder materially fails to meet an uptime of 99.95% for three (3) consecutive

months, the Bank may have the right to terminate the contract.

of 139



vii. Any fault/ issue/ defect failure intimated by Bank through any mode of

communication like call/e-mail/fax etc. are to be acted upon, so as to adhere to

the service levels.

viii. The selected bidder shall repair or replace any worn out or defective part in any

of locations for end to end solution for Merchant Acquiring Business in Bank of

India/RRBs, the solution components provided by the bidder and shall provide all

consumables at no extra cost to the Bank. In addition, any system/ sub-system

for which end of enterprise-level support is declared by OEM should be replaced

at no extra cost to the bank.

ix. Business/ Service Downtime and Deterioration shall be the key considerations for

determining “Penalties” that would be levied on the Successful Bidder.

x. The entire solution is required to be up and running with minimum uptime of

99.98% on a quarterly basis with a MTBF of 90 days, barring scheduled and

mutually agreed upon downtime for maintenance or training purposes. The

Fees/amount payable to

the company shall be subject to deduction of penalties if any, levied by the

Bank in accordance with the provisions of this order and the agreement.

In case uptime falls below the guaranteed level, Bank will impose a penalty

as given below.

Uptime Penalty in % of total project cost(notional

value)*

>=99.98 0

> 99.50 to < 99.98 1%

> 99 to <99.50 2%

> 98 to <99 5%

> 97 to <98 10%

Below 97 20%

*Notional Value = Average of Last 6 months billing cost.

Penalty for delay resolution of defect:

If the company, having been notified, fails to report and provide remedy of

the defect(s) within three hours, the Bank may proceed to take such remedial

action as may be necessary, at the vendor’s risk and expense, and without

prejudice to any other rights, which the Bank may have against the vendor

under the Contract.

of 139



Penalty will be deducted from the outstanding amount payable to the vendor,

that may be payable under any head.

During the currency of the contract if the cumulative penalty amount exceed

10% project cost, the Bank may consider termination of the Contract.

In addition to above, for module wise penalty details please refer Annexure-

E.

of 139



7.21 Annexure-D

BUSINESS RULES AND TERMS & CONDITIONS OF REVERSE AUCTION

Reverse Auction event will be carried out among the Technically Qualified Bidders,

for providing opportunity to the Bidders to quote the price dynamically for the

procurement for which RFP is floated

i. Definitions :

a. “Bank” means Bank of India

b. “Service Provider” means the third party agency / company who has been

selected by the Bank for conducting Reverse Auction.

c. “L1” means the Bidder who has quoted lowest price in the Reverse Auction

process.

d. “L2” means the Bidder who has quoted second lowest price in the Reverse

Auction process.

ii. Eligibility of Bidders to participate in Reverse Auction :

a. Bidders who are technically qualified in terms of the relative Terms &

Conditions of the RFP and accept the Business Rules, Terms & conditions

of Reversion Auction and submit the undertakings as per Annexure-D-A,

can only participate in Reverse Auction related to the procurement for which

RFP is floated. Bidders not submitting the above undertaking or submitting

with deviations / amendments thereto, will be disqualified from further

evaluation / participation in the process of relevant procurement.

b. Bidders should ensure that they have valid digital certificate well in advance

to participate in the Reverse Auction. Bank and / or Service Provider will not

of 139



be responsible in case Bidder could not participate in Reverse Auction due

to nonavailability of valid digital certificate.

iii. Training :

a. Bank will engage the services of Service Provider to provide necessary

training to representatives of all eligible Bidders for participation in Reverse

Auction. All rules & procedure related to Reverse Auction will be explained

during the training.

b. Date, Time, Venue etc of training will be advised at appropriate time.

c. Eligible Bidder / his authorized nominee has to attend the training as per the

schedule and at the specified venue at the his / Bidder’s own cost.

d. No request from the Bidders for change in training schedule and/or venue

will be entertained.

e. However, Bank reserves the right to postpone / change / cancel the training

schedule for whatsoever reasons without assigning any reasons therefor,

even after its communication to eligible Bidders.

f. Any Bidder not participating in the training process will do so at his own risk.

iv. Reverse Auction Schedule:

a. The date & time of start of Reverse Auction and its duration of time will be

informed to the eligible Bidders well in advance at least a week before the

Reverse Auction date.

b. Bank reserves the right to postpone / change / cancel the Reverse Auction

event even after its communication to Bidders without assigning any

reasons therefor.

v. Bidding Currency :

of 139



Bidding will be conducted in Indian Rupees (INR).

vi. Start Price :

Bank will determine the Start Price for Reverse Auction – on its own and

/ or

i. evaluating the price band information called for separately from each

eligible Bidder at appropriate time and / or

ii. based on the price bids received and if opened, Bank may determine the

start price on the basis of the lower quote received.

vii. Decremental Bid Value :

a. The bid decrement value will be specified by Bank before the start of

Reverse Auction event. It can be a fixed amount or percentage of Start Price

or both whichever is higher.

b. Bidder is required to quote his bid price only at a decremental value.

c. Bidder need not quote bid price at immediate next available lower level, but

it can be even at 2/3/4 ….. Level of next available lower level.

viii. Conduct of Reverse Auction event :

a. Reverse Auction will be conducted on a specific web portal meant for this

purpose with the help of the Service Provider identified by the Bank.

b. Service Provider will make all necessary arrangement for fair and

transparent conduct of Reverse Auction like hosting the web portal,

of 139



imparting training to eligible Bidders etc., and finally conduct of Reverse

Auction.

c. Bidders will be participating in Reverse Auction event from their own office

/ place of their choice. Internet connectivity and other paraphernalia

requirements shall have to be ensured by Bidders themselves.

i) In the event of failure of their internet connectivity (due to any reason

whatsoever it may be) it is the Bidders responsibility / decision to send

fax communication immediately to Service Provider furnishing the bid

price, they want to bid online, with a request to upload the faxed bid

price online so that the service provider will upload that price online on

behalf of the Bidder. It shall be noted clearly that the concerned Bidder

communicating this price to service provider has to solely ensure that

the fax message is received by Service Provider in a readable / legible

form and also the Bidder should simultaneously check up with Service

Provider over phone about the clear receipt of the bid price faxed. It

shall also be clearly understood that the Bidder shall be at liberty to

send such fax communications of prices to be uploaded by Service

Provider only before the closure of Reverse Auction time and under

no circumstances it shall be allowed beyond the closure of Reverse

Auction event time. Such Bidders have to ensure that the service

provider is given reasonable time by the Bidders, to upload such faxed

bid prices online and if such required time is not available at the

disposal of Service Provider at the time of receipt of the fax message

from the Bidders, Service Provider will not be uploading the bid prices.

It is to be noted that neither the Bank nor the Service Provider will be

responsible for these unforeseen circumstances.

ii) In order to ward-off such contingent situation, Bidders are advised to

make all the necessary arrangements / alternatives such as back –up

power supply , whatever required so that they are able to circumvent

such situation and still be able to participate in the reverse auction

successfully. However, the vendors are requested to not to wait till the

last moment to quote their bids to avoid any such complex situations.

Failure of power at the premises of vendors during the Reverse auction

cannot be the cause for not participating in the reverse auction. On

account of this the time for the auction cannot be extended and BANK

is not responsible for such eventualities.

of 139



d. Bank and / or Service Provider will not have any liability to Bidders for any

interruption or delay in access to site of Reverse Auction irrespective of the

cause.

e. For making the process of Reverse Auction and its result legally binding on

the participating Bidders, Service Provider will enter into an agreement with

each eligible Bidder, before the start of Reverse Auction event. Without this

Bidder will not be eligible to participate in the event. The format of the

agreement is as per the Annexure-D-C.

f. Bidders name will be masked in the Reverse Auction process and will be

given random dummy names by the Service Provider.

g. Bidder / his authorized representatives will be given unique Login ID &

Password by Service Provider. Bidder/his authorized representative will

change the Password after the receipt of initial Password from Service

Provider to ensure confidentiality. All bids made from the Login ID given to

the Bidders will be deemed to have been made by the concerned Bidder/his

company.

a. Reverse auction will be conducted as per English Reverse Auction with no

tie where more than one Bidder cannot have identical bid price.

b. Any bid once made by the Bidder through registered Login ID & Password,

the same cannot be cancelled. The Bidder is bound to supplies as per the

RFP at the bid price of Reverse Auction.

ix. Auto Bid :

a. Bidder can take the advantage of Auto Bid facility available in Reverse

Auction systems. Auto Bid feature allows Bidder to place an automated bid

against other Bidders in an auction by confirming to one decrement and bid

without having to enter a new price each time a competing bidder submits

a new offer.

b. Auto Bid facility can be used by the Bidder only once. Bidder can at no point

of time during the course of the Reverse Auction, revise / delete his Auto

Bid price.

Bidder has the facility to revise his Auto Bid value only prior to the start of

the Reverse Auction event.

of 139



c. Only after the lowest price quoted by other Bidders is equal to or less than

the minimum Auto Bid value put in the system by Auto Bid Bidder, he will

get the option to manually bid.

d. If more than one Bidder opts for the Auto Bid facility and if the lowest price

quoted by more than one in Auto Bid facility is same, then the Bidder who

has opted for the Auto Bid facility first will get the advantage of being the

‘L1’, with the second bidder being ‘L2’ at a price one decrement higher than

the ‘L1’ value and so on.

e. If one of the Bidder has opted for the Auto Bid facility, in which the system

automatically places a bid by conforming to one decrement from the bid that

any of the other Bidders might have quoted. In such a case, if the manual

Bidder directly quotes the same price as the lowest price which the Bidder

who has opted for the auto bid facility, then the bid submitted by the manual

Bidder would be accepted as the ‘L1’ bid. But at that point of time onwards,

the manual control of the Auto Bidder would be enabled for the Auto Bidder.

f. Service Provider will explain in detail about the Auto Bid during the training.

g. Reverse Auction will normally; be for a period of one hour. If a Bidder places

a bid price in last 10 minutes of closing of the Reverse auction, the auction

period shall get extended automatically for another 10 minutes. Maximum 3

extensions each of 10 minutes will be allowed after auction period of 1 hour

i.e. entire process can last maximum for 1 ½ hour only. In case there is no

bid price in the last 10 minutes of closing of Reverse Auction, the auction

shall get closed automatically without any extension.

(The time period of Reverse Auction & Maximum number of its

extensions & time are subject to change and will be

advised to eligible Bidders before the start of the Reverse Auction

event.)

h. Bidder will be able to view the following on their screen along with the

necessary fields in Reverse Auction :

a. Opening Price

b. Leading / Lowest Bid Price in Auction ( only total price)

c. Last Bid Price placed by the respective Bidder.

of 139



i. During Reverse Auction, if no bid price is received within the specified time,

Bank, at its discretion, may decide to revise Start Price / Decremental Value

/ scrap the reverse auction process / proceed with conventional mode of

tendering.

x. Reverse Auction Process :

a. At the end of Reverse Auction event Service Provider will provide the Bank

all necessary details of the bid prices and reports of Reverse Auction.

b. Upon receipt of above information from Service Provider, Bank will evaluate

the same and will decide upon the winner i.e. Successful Bidder.

c. Successful Bidder has to fax the duly signed filled-in prescribed format

(AnnexureD-B) as provided on case-to-case basis to Bank within 4 hours of

Reverse Auction without fail. The Original signed Annexure-D-B should be

couriered so as to reach us within 48 hours of Reverse Auction without fail.

d. Any variation between the on-line Reverse Auction bid price and signed

document will be considered as sabotaging the tender process and will

invite disqualification of Bidder/vender to conduct business with Bank as per

prevailing procedure.

e. Successful Bidder has to give break-up of his last/lowest bid price as per

Bill of Material at the end of Reverse auction event within 3 working days

without fail.

f. Successful Bidder is bound to supply at their final bid price of Reverse

Auction. In case of back out or not supply as per the rates quoted, Bank will

take appropriate action against such Bidder and / or forfeit the Bid Security

amount, debar him from participating in future

of 139



g. In case Bank decides not to go for Reverse Auction related to the

procurement for which RFP is floated and price bids if any already submitted

and available with Bank shall be opened as per Bank’s standard practice.

xi. Bidder’s Obligation :

a. Bidder will not involve himself or any of his representatives in Price

manipulation of any kind directly or indirectly with other suppliers /

Bidders

b. Bidder will not divulge either his Bid details or any other details of Bank to

any other party without written permission from the Bank.

xii. Change in Business Rules, Terms & Conditions of Reverse Auction :

a. Bank reserves the right to modify / withdraw any of the Business rules,

Terms & conditions of Reverse Auction at any point of time.

b. Modifications of Business rules, Terms & conditions of Reverse Auction will

be made available on website immediately.

c. Modifications made during the running of Reverse Auction event will be

advised to participating Bidders immediately.

Annexure-D-A (to be submitted on company letter head by all Bidders participating

in Reverse Auction)

To,

Bank of India Date :

Head Office

Acceptance of Reverse Auction Business Rules and Terms & conditions

of 139



in respect of Tender / RFP Ref. No. BOI/HO/IT/POS-ACQ dated dd/mm/2020

For end to end solution for Merchant Acquiring Business in Bank of India.

We refer to the captioned subject and confirm that –

• The undersigned is our authorized representative.

• We have accepted and abide by all Terms of captioned Tender documents and

Business Rules and Terms & conditions of Reverse Auction for the procurement for

which RFP is floated.

• Bank and Service Provider shall not be liable & responsible in any manner whatsoever

for my / our failure to access & bid in Reverse Auction due to loss of internet

connectivity, electricity failure, virus attack, problems with the PC, any other

unforeseen circumstances etc. before or during the auction event.

• We understand that in the event we are not able to access the auction site, we may

authorize Service Provider to bid on our behalf by sending a fax containing our offer

price before the auction close time and no claim can be made by us on either Bank or

Service Provider regarding any loss etc. suffered by us due to acting upon our

authenticated fax instructions.

• I / We do understand that Service Provider may bid on behalf of other Bidders as well

in case of above mentioned exigencies.

• We also confirm that we have a valid digital certificate issued by a valid Certifying

Authority.

• We will participate in Reverse Auction conducted by e-Procurement Technologies Pvt

Ltd and agree to enter into an agreement with him (Service Provider) for making the

process of Reverse Auction and its result legally binding on us.

• We will fax duly signed filled-in prescribed format (Annexure-D-B) as provided on

case-tocase basis, to Bank within 24 hours of end of Reverse Auction without fail.

• We will give break-up of our last / lowest bid price as per Bill of Material at the end of

Reverse Auction event within 48 hours without fail.

• We undertake to supply at our final lowest bid price of Reverse Auction. In case of

back out or not supply as per the rates quoted by us, Bank is free to take appropriate

action against us and / or forfeit the Bid Security amount, debar us from participating

in future tenders.

• We nominate our official Shri _________________________________ Designation

_____________ of our company to participate in Reverse Auction. We authorize Bank

to issue

USER ID & PASSWORD to him. His official e-mail & contact number are as under –

Email : Mobile:

----------------------------------------------------------------------------------------------------------------

of 139



Signature with company seal :

Name of Authorized Representative : Designation:

Email : Mobile :

Tel. No: Fax No.:

of 139



Annexure-D-B ( to be submitted / faxed by Successful Bidder of Reverse Auction

within 24 hours from the end of Reverse Auction event)

To,

Bank of India Date :

----------------------

Sir,

Final / Lowest Bid Price quoted in Reverse held on _______________

in respect of Tender / RFP Ref. No. BOI/HO/IT/POS-ACQ dated dd/mm/2020

For end to end solution for Merchant Acquiring Business in Bank of India.

=======================================================

We confirm that the final total bid price quoted by us in the captioned Reverse Auction

event for captioned tender is as under –

Rs. ( in figure) : ___________________________

Rs. ( in words) :

__________________________________________________________

(

We confirm that -

1) [ ] We enclose herewith the detailed break-up of above price as per Bill of Material

of 139



OR

[ ] We undertake to give detailed break-up of above bid price as per Bill of Material

within 48 hours from the end-of Reverse Auction event.

• Any variation between the on-line Reverse Auction bid price quoted by us and this

document will be considered as sabotaging the tender process and will invite

disqualification of Bidder/vender to conduct business with Bank as per prevailing

procedure. In such case Bank is free to take appropriate action and / or forfeit the Bid

Security amount and / or debar him from participating in future

• We are bound to supply at the above final bid price of Reverse Auction.

• We note that in case of back out or not supply as per the above rates quoted by us,

Bank will take appropriate action against us and / or forfeit our Bid Security amount

and / or debar him from participating in future

Signature with company seal :

Name of Authorised Representative :

Designation :

Email :

Mobile :

Tel. No :

Fax No :

of 139



Annexure-D-C: Process Compliance Form

(The Bidders are required to print this on their company’s letter head and sign,

stamp before faxing to Service Provider)

To

(Name & Address of Service Provider)

Sub: Agreement to the Process related Terms and Conditions for the Reverse Auction

----------------------------------------------------------------------------

Dear Sir,

This has reference to the Terms & Conditions for the Reverse Auction mentioned in the

Tender document for procurement of Hardware against the Ref: BOI/HO/IT/POS-ACQ

dated dd/mm/2020 end to end solution for Merchant Acquiring Business in Bank of

India.

This letter is to confirm that:

• The undersigned is authorized representative of the company.

• We have studied the Commercial Terms and the Business rules governing the

Reverse Auction and the RFP as mentioned in your letter and confirm our

agreement to them.

• We also confirm that we have taken the training on the auction tool and have

understood the functionality of the same thoroughly.

• We confirm that Bank of India and M/S e-Procurement Technologies Pvt. Ltd shall

not be liable & responsible in any manner whatsoever for my/our failure to access

& bid on the e-auction platform due to loss of internet connectivity, electricity

failure, virus attack, problems with the PC, any other unforeseen circumstances

etc. before or during the auction event.

• We understand that in the event we are not able to access the auction site, we

may authorize M/S e-Procurement Technologies Pvt. Ltd to bid on our behalf by

sending a fax containing our offer price before the auction close time and no claim

can be made by us on either Bank of India or M/S e-Procurement Technologies

Pvt. Ltd regarding any loss etc. suffered by us due to acting upon our authenticated

fax instructions.

of 139



• I/we do understand that M/S e-Procurement Technologies Pvt. Ltd may bid on

behalf of other Bidders as well in case of above mentioned exigencies.

• We also confirm that we have a valid digital certificate issued by a valid Certifying

Authority.

• We also confirm that we will fax the price confirmation & break up of our quoted

price as per Annexure-D-B as requested by Bank of India / M/S e-Procurement

Technologies Pvt. Ltd within the stipulated time.

We, hereby confirm that we will honor the Bids placed by us during the auction process.

With regards

Signature with company seal

Name –

Company / Organization –

Designation within Company / Organization –

Address of Company / Organization –

of 139



Annexure –E Penalty:

S.No. Work TAT Penalty in Rs.

1. New Terminal Installation

1. For Metro and urban centers : T+1 working days 2.For other centers: T+2 working days

100 for delay per day with cap of 1000 per terminal

2. Attending Complaints/ Service request



3. De-activation On the same day 100 for delay per day with cap of `1000 per terminal If any Fraud takes place on those terminals after deadline, bidder will be liable to compensate the loss to Bank.

4. De-Installation Within T+3 working days on Metro/Urban and other major centers Within T+5 working days on urban centers

No charges will be payable on that terminal from the date onwards. If any fraud takes place on those terminals, bidder will be liable to pay the loss to Bank

5. Application activation


100 for delay per day with cap of 1000 per terminal If any Fraud takes place on those terminals after deadline, bidder will be liable to compensate the loss to Bank.

6. Parameter Change request



7. Batch Missing One day 100 for delay per day with cap of 1000 per terminal

*The Penalty amount will be recovered from the monthly payment due to the Vendor.

of 139



Annexure- F

PRE-CONTRACT INTEGRITY PACT

PRE-CONTRACT INTEGRITY PACT

BETWEEN

BANK OF INDIA

AND

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on

XX day of the XX month of 2020, between, on one hand, the Bank of India acting through

Shri, Designation of the Officer (hereinafter called the “BUYER”, which expression shall mean

and include, unless the context otherwise requires, his successors in officer and assigns) of

the First Part and

M/s. represented by Shri Chief Executive Officer (hereinafter called the “BIDDER/Seller”

which expression shall mean and include, unless the context otherwise requires, his

successors and permitted assigns) of the Second Part.

WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/Item) award the

contract and the BIDDER/Seller is willing to offer/has offered the stores and

of 139



WHEREAS the BIDDER is a private company / public company / Government undertaking /

partnership / registered export agency, constituted in accordance with the relevant law in the

matter and the BUYER is a Public Sector Undertaking Bank of India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from

any influence / prejudice dealings prior to, during and subsequent to the currency of the

contract entered into with a view to :-

Enabling the BUYER to obtain the desired said stores / equipment / work at a competitive

price in conformity with the defined specifications by avoiding the high cost and the

distortionary impact of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to

secure the contract by providing assurance to them that their competitors will also abstain

from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in

any form, by its officials by following transparent procedures.

The parties hereby agree to enter into this Integrity Pact and agree as follows. Commitments

of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly

with the contract, will demand, take a promise for or accept, directly or through

intermediaries, any bribe, consideration, gift, reward, favour or any material or

immaterial benefit or any other advantage from the BIDDER, either for themselves

or for any person, organization or third party related to the contract in exchange for

an advantage in the bidding process, bid evaluation, contracting or implementation

process related to the contract.

1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will

provide to all BIDDERs the same information and will not provide any such

of 139



information to any particular BIDDER which could afford an advantage to that

particular BIDDER in comparison to other BIDDERs.

1.3 All the officials of the BUYER will report to the appropriate Government office any

attempted or completed breaches of the above commitments as well as any

substantial suspicion of such a breach.

2 In case any such preceding misconduct on the part of such officials(s) is reported by

the BIDDER to the BUYER with full and verifiable facts and the same is prima facie

found to be correct by the BUYER, necessary disciplinary proceedings, or any other

action as deemed fit, including criminal proceedings may be initiated by the BUYER

and such a person shall be debarred from further dealings related to the contract

process. In such a case while an enquiry is being conducted by the BUYER the

proceedings under the contract would not be stalled.

Commitments of BIDDERs

3. The BIDDER commits itself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of its bid or during any

pre-contract or post- contract stage in order to secure the contract or in furtherance

to secure it and in particular commit itself to the following :-

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,

consideration, reward, favor, any material or immaterial benefit or other advantage,

commission, fees, brokerage or inducement to any official of the BUYER, connected

directly or indirectly with the bidding process, or to any person, organization or third

party related to the contract in exchange for any advantage in the bidding,

evaluation, contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give,

directly or indirectly any bribe, gift, consideration, reward favour, any material or

immaterial benefit or other advantage, commission, fees, brokerage or inducement

to any official of the BUYER or otherwise in procuring the Contract or forbearing to

of 139



do or having done any act in relation to the obtaining or execution of the contract or

any other contract with the Government for showing or forbearing to show favour or

disfavor to any person in relation to the contract or any other contract with the

Government.

3.3 BIDDERs shall disclose the name and address of agents and representatives and

Indian BIDDERs shall disclose their foreign principals or associates.

3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any

other intermediary, in connection with this bid/contract.

3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the

original manufactures / integrator / authorized government sponsored export entity

of the stores / supplier and has not engaged any individual or firm or company

whether Indian or foreign to intercede, facilitate or in any way to recommend to the

BUYER or any of its functionaries, whether officially or unofficially to the award of

the contract to the BIDDER nor has any amount been paid promised or intended to

be paid to any such individual, firm or company in respect of any such intercession,

facilitation or recommendation.

3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or

before signing the contract, shall disclose any payments he has made, is committed

to or intends to make to officials of the BUYER or their family members agents,

brokers or any other intermediaries in connection with the contract and the details

of services agreed upon for such payments.

3.7 The BIDDER will not collude with other parties interested in the contract to impair

the transparency, fairness and progress of the bidding process, bid evaluation,

contracting and implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice,

unfair means and illegal activities.

of 139



3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain,

or pass on to others, any information provided by the BUYER as part of the business

relationship, regarding plans, technical proposals and business details including

information contained in any electronic data carrier. The BIDDER also undertakes

to exercise due and adequate care lest any such information is divulged.

3.10 The BIDDER commits to retrain from giving any complaint directly or through any

other manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any

of the actions mentioned above.

3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of

the BIDDER, either directly or indirectly, is a relative of any of the officers of the

BUYER or alternatively, if any relative of an officer of the BUYER has financial

interest / stake in the BIDDERs firm, the same shall be disclosed by the BIDDER at

the time of filling of tender.

The term relative for this purpose would be as defined in Section 6 of the Companies Act

1956.

3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary

dealings or transactions, directly or indirectly, with any employee of the BUYER.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three

years immediately before signing of this Integrity Pact, with any other company in

any country in respect of any corrupt practices envisaged hereunder or with any

Public Sector Enterprise in India or any Government Department in India that could

justify BIDDER’s exclusion from the tender process.

of 139



4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER

can be disqualified from the tender process or the contract, if already awarded can

be terminated for such reason.

5. Earnest Money (Security Deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit an amount as specified

in the RFP as Earnest Money/Security Deposit, with the BUYER through any of the

following instruments

(i) Bank Draft or a Pay Order in favour of

(ii) A confirmed guarantee by an Indian Nationalized Bank, promising payment of the

guaranteed sum to the BUYER on demand within three working days without any

demur whatsoever and without seeking any reasons whatsoever. The demand for

payment by the BUYER shall be treated as conclusive proof of payment.

(iii) Any other mode or through any other instrument as specified in the RFP.

5.2 The Earnest Money / Security Deposit shall be valid upto the complete conclusion

of the contractual obligations to the complete satisfaction of both the BIDDER and

the BUYER, including warranty period / Defect liability period.

5.3 In case of the successful BIDDER a clause would also be incorporated in the Article

pertaining to Performance Bond in the Purchase Contract that the provisions of

Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case

of a decision by the BUYER to forfeit the same without assigning any reason for

imposing sanction for violation of this Pact.

5.4 No Interest shall be payable by the BUYER to the BIDDER on Earnest Money /

Security Deposit for the period of its currency.

of 139



6. Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or

acting on its behalf (Whether with or without the knowledge of the BIDDER) shall

entitle the BUYER to take all or any one of the following actions, whenever required:-

(i) To immediately call off the pre-contract negotiations without assigning any reason

or giving any compensation to the BIDDER. However, the proceedings with the

other BIDDER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and / or Security Deposit /

Performance Bond (after the contract is signed) shall stand forfeited either fully or

partially as decided by the BUYER and the BUYER shall not be required to assign

any reason therefor.

(iii) To immediately cancel the contract if already signed, without giving any

compensation to the BIDDER.

(iv) To recover all sums already paid by the BUYER and in case of an Indian BIDDER

with interest thereon at 2% higher than the prevailing Prime Lending Rate of State

Bank of India, while in case of a BIDDER from a country other than India with interest

thereon at 2% higher than the LIBOR. If any outstanding payment is due to the

BIDDER from the BUYER in connection with any other contract for any other stores,

such outstanding payment could also be utilized to recover the aforesaid sum and

interest.

(v) To encash the advance bank guarantee and performance bond / warranty bond, if

furnished by the BIDDER, in order to recover the payments already made by the

BUYER, along with interest.

(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable

to pay compensation for any loss or damage to the BUYER resulting from such

of 139



cancellation / rescission and the BUYER shall be entitled to deduct the amount so

payable from the money(s) due to the BIDDER.

(vii) To debar the BIDDER from participating in future bidding processes of the

Government of India for a minimum period of five years, which may be further

extended at the discretion of the BUYER.

(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middlemen or

agent or broker with a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any

contract signed by the BUYER with the BIDDER, the same shall not be opened.

(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the

same without assigning any reason for imposing sanction for violation of this Pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i)

to (x) of this Pact also on the commission by the BIDDER or any one employed by

it or acting on its behalf (Whether with or without the knowledge of the BIDDER), of

an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of

Corruption Act, 1988 or any other statute enacted for prevention of corruption.

6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact

has been committed by the BIDDER shall be final and conclusive on the BIDDER.

However, the BIDDER can approach the Independent Monitor(s) appointed for the

purposes of this Pact.

7. Fail Clause

7.1 The BIDDER undertakes that it has not supplied / is not supplying similar product /

systems or subsystems at a price lower than that offered in the present bid in respect

of any other Ministry / Department of the Government of India or PSU and if it is

found at any stage that similar product / systems or sub systems was supplied by

of 139



the BIDDER to any other Ministry / Department of the Government of India or a PSU

at a lower price, then that very price, with due allowance for elapsed time, will be

applicable to the present case and the difference in the cost would be refunded by

the BIDDER to the BUYER, if the contract has already been concluded.

8. Independent Monitors

8.1 There shall be Independent Monitors (hereinafter referred to as Monitors) appointed

by the BUYER for this Pact in consultation and with approval of the Central Vigilance

Commission.

8.2 The task of the Monitors shall be to review independently and objectively whether

and to what extent the parties comply with the obligations under this Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the parties

and perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the documents

relating to the project / procurement, including minutes of meetings.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he

will so inform the Authority designated by the BUYER.

8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction

to all Project documentation of the BUYER including that provided by the BIDDER.

The BIDDER will also grant the Monitor, upon his request and demonstration of a

valid interest, unrestricted and unconditional access to his project documentation.

The same is applicable to Subcontractors. The Monitor shall be under contractual

obligation to treat the information and documents of the BIDDER / Subcontractor(s)

with confidentiality.

8.7 The BUYER will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an

of 139



impact on the contractual relations between the parties. The parties will offer to the

Monitor the option to participate in such meetings.

8.8 The Monitor will submit a written report to the designated Authority of BUYER within

8 to 10 weeks from the date of reference or intimation to him by the BUYER /

BIDDER and, should the occasion arise, submit proposals for correcting problematic

situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of

commission, the BUYER or its agencies shall be entitled to examine all the

documents including the Books of Accounts of the BIDDER and the BIDDER shall

provide necessary information and documents in English and shall extend all

possible help for the purpose of such examination.

10. Law and Place of Jurisdiction This Pact is subject to Indian Law. The place of

performance and jurisdiction is the seat of the BUYER.

11. Other Legal Actions the actions stipulated in this Integrity Pact are without prejudice

to any other legal action that may follow in accordance with the provisions of the

extant law in force relating to any civil or criminal proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5

years or the complete execution of the contract to the satisfaction of both the BUYER

and the BIDDER / Seller, including warranty period, whichever is later. In case

BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the

date of the signing of the contract.

of 139



12.2 Should one or several provision of this Pact turn out to be invalid, the remainder of

this Pact shall remain valid. In this case, the parties will strive to come to an

agreement to their original intentions.

13. The parties hereby sign this Integrity Pact at on

BUYER BIDDER

Name of the Officer Name of the Officer

Designation Designation

Bank of India

Witness Witness

1……………………….. 1………………….... 2………………………..

2…………………....

of 139



UNCONDITIONAL ACCEPTANCE OF THE TERMS & CONDITIONS OF THE RFP (To be submitted on the Company’s Letter Head) Date: To: Bank of India, Information Technology Department, Head Office, Star House -2, 8th Floor, C-4, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051

RFP Ref. No. End to End Solution for Merchant Acquiring Business”, Ref. No.: CPD/RFP/CM/2020-21/02; 10.08.2020

This is to confirm that we unconditionally accept all the terms and conditions as mentioned in the said RFP including all addendum/amendment/corrigenda floated by Bank of India pertaining to this RFP. (Name) Designation Seal/Stamp of the Contractor

of 139



CERTIFICATION FOR LOCAL CONTENT

Date:

To: Bank of India, Information Technology Department, Head Office, Star House -2, 8th Floor, C-4, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051

Dear Sir,

Your RFP Ref“End to End Solution for Merchant Acquiring Business”, Ref. No.: CPD/RFP/CM/2020-21/02; 10.08.2020

Bidder Name:

This is to certify that proposed ________ <services as per scope of work> is having the

local content of % as defined in the above mentioned RFP and amendment thereto.

2. This certificate is submitted in reference to the Public Procurement (Preference to Make

in India), Order 2017 – Revision vide Order No. P-45021/2/2017-PP (BE-II) dated May 29,

2019, further revised on 4th June 2020.

Signature of Statutory Auditor/Cost Auditor

Registration Number:

Seal

Counter-signed:

Bidder ..............End of Document...............

REQUEST FOR PROPOSAL FOR End-to-End ... - BOI | Bank of India

Documents

Transcript of REQUEST FOR PROPOSAL FOR End-to-End ... - BOI | Bank of India