SYTEM AUDIT REPORT OF STORAGE OF PAYMENT ......details/ information collected / carried / processed...

SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA

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Request for proposal for System Audit of Storage of Payment System Data of the Bank

Tender No: PSB/HOIT/RFP/121/2018-19 Dated: 08.09.2018

PUNJAB & SIND BANK

Head office Information Technology Department

2nd Floor, Bank House, 21-Rajendra Place

New Delhi-110008


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Contents

Sr.

No.

Particulars Page

No.

1. INTRODUCTION 4

2. ELIGIBILITY CRITERIA 5

3. SCOPE OF WORK 5

4. OTHER IMPORTANT TERMS & CONDITIONS 6

5. TERMS & CONDITION 7

6. RESOLUTION OF DISPUTE 12

7. CORRUPT or FRADULANT PRACTICES 12

8. INDEMNITY 13

9. BIDDER`s OBLIGATION 13

10. PATENT RIGHT 13

11. SIGNING OF CONTRACT 13

12. ANNEXURE A 15-16

13. ANNEXURE B 17-40


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KEY INFORMATION

Particulars Details

Tender Number PSB/HOIT /RFP/121/2018-19

Tender Title Request for Proposal for System Audit of

Storage of Payment System Data of the Bank.

Participation Fee (Non Refundable) Rs. 5 ,000 /- In form of DD favoring Punjab &

Sind Bank payable at New Delhi

Bid Security (EMD) Rs. 50,000/- (In form of Bank

Guarantee)

Bid Validity 180 days

Performance Bank Guarantee In form of Bank Guarantee @ 10% of TCO

Date of Publishing the tender on Bank’s

Website

08.09.2018

Last Date for submission of Pre-Bid

Query

17.09.2018 by 3:00 pm

(queries must be mailed to

[email protected] only in MS- excel format

quoting tender reference number in the subject)

Date and Time for Pre Bid Meeting 18.09.2018 03:00 pm

Last Date and time for submission of

Bids

04.10.2018 03:00 pm

Date and Time of Opening of Technical

Bids

04.10.2018 03:30 pm

Date and Time of opening of

Commercial Bids

To be notified later to the technically qualifying

bidders only.

Place of submission and Opening of

Bids

Punjab & Sind Bank

Head Office, 2nd Floor, Information

Technology Department, Bank House,

21, Rajendra Place, New Delhi 110008

Contact Persons for any clarifications/

Submission of Bids

AGM (IT)

Contact Numbers Manoj Kumar (AGM IT) - 9811728292

Jyoti Parashar (Manager IT) 9718271556

* If any of the dates given above happens to be Holiday in Delhi, the related activity shall be

undertaken on the next working day at the same time.

mailto:[email protected]


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1. INTRODUCTION

1.1 About the Bank

PUNJAB & SIND BANK, a leading Public Sector Bank having its Head Office at New Delhi is

implementing many key technology solutions like Core Banking (CBS), Internet Banking (e-

banking),Tele Banking, Mobile Banking, onsite / offsite ATMs, Integrated Treasury Systems, RTGS,

SFMS, NEFT etc. The Bank has chosen FINACLE Software of M/s. INFOSYS Ltd., as the Core

Banking Solution and implanted CBS in 100% branches and offices. 1.2 Present Status of the Bank

The Bank is using the financial software Finacle (7.0.25) for carrying out the Banking operations.

The bank has a widespread network of 1500 plus branches, 25 Zonal Offices, 29 Departments in Head

Office, 9 Regional Clearing Centers, 2 Training Centers and 9 Currency Chests all networked under

Centralized Banking Solution. It also has a network of more than 1250 ATMs spread across the country

including onsite and offsite ATMs. The Bank’s CBS Project Office and HO Information Technology

Department is located in New Delhi. The Bank’s Data Center (DC) is located in Vashi Mumbai and

Disaster Recovery Center at Greater Noida and both are managed by Bank’s CBS System Integrator

M/s Wipro. The DC is connected to the branches, Zonal Office and Head Office through Bank-wide Wide

Area Network. The entire network uses Leased Lines, RF, VSAT and Backup connectivity through ISDN

lines & RF etc. The ATMs, Mail Messaging System and other applications also use the WAN. The Disaster

Recovery Center of Bank has similar setup as that of Data Centre of financial software setup.

1.3 Purpose of RFP:

This RFP seeks to engage a CERT-IN empanelled vendor for Conducting Systems Audit of Storage of

Payment System Data of the Bank.

As per RBI circular no. RBI/2017-18/153 dated 06.04.2018 regarding "Storage of Payment System Data":

1. All system providers shall ensure that the entire data relating to payment systems operated by them are

stored in a system only in India. This data should include the full end-to-end transaction details /

information collected / carried / processed as part of the message / payment instruction. For the foreign

leg of the transaction, if any, the data can also be stored in the foreign country, if required.

2. System providers shall submit the System Audit Report (SAR) on completion of the requirement at 1

above. The audit should be conducted by CERT-IN empanelled auditors certifying completion of

activity at 1 above. The SAR duly approved by the Board of the system providers should be submitted

to the Reserve Bank not later than December 31, 2018.

The aim of the RFP is to solicit proposals from qualified bidders for undertaking above assignment.

Interested eligible bidders may download the RFP from Punjab & Sind Bank website www.psbindia.com or

from Govt. of India web site www.tenders.gov.in.

http://www.psbindia.com/

http://www.tenders.gov.in/


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2. ELIGIBILITY CRITERIA

Sr

.

N

o.

Eligibility Criteria Support Documents to be

submitted

1 The bidder should be a

Company/Firm/ Organization

registered in India.

Certificate of Incorporation &

Commencement of Business (whichever

applicable) should be submitted

2 The Bidder must have conducted at

least one System Audits of Payment

System of Scheduled Commercial

Banks or any Financial Institution in

India during last four years

(2015, 2016, 2017, 2018).

Letters from the organizations for

which the bidder had conducted Systems Audit

(the scope of the assignment should have

been clearly mentioned).

3 The Bidder should have a valid

CERT-In empanelment as on the last

date of submission of bid.

Cert-in empanelment document.

4 The Bidder should not be

banned/blacklisted/ debarred by any

Bank/PSU/GOI Department/ Indian

Financial Institutions as on date of

submission of bid.

An undertaking letter to be enclosed

by the Bidder clearly stating that they are not

banned/blacklisted/ debarred by any Bank, PSU/

GOI Departments/ Indian Financial Institutions as

on date of submission of bid.

Note: The bidder must comply with all the above mentioned criteria. Non-compliance of any of the

criteria will entail rejection of the bid summarily. Photocopies of relevant documents/certificates should be

submitted as proof in support of the claims made. The Bank reserves the right to verify/evaluate the claims

made by the bidder independently.

3. SCOPE OF WORK:

3.1 Scope of Work Related to System Audit Report (SAR): The Scope of work mainly relates to conducting of System Audit of Storage of Payment System Data

of the Bank.

The details of the payment system applications in the Bank is as below:

Application/Process Hosted at Bank DC/DR

(Yes/No) If not location DC/DR

Managed by

Vendor than

Vendor`s Name

CBS Application Yes-

Mumbai

Yes-Noida NA NA M/s Wipro

Internet Banking

Application

Yes-

Mumbai


Mobile Banking

Application

Yes-

Mumbai


Treasury Yes-

Mumbai



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Financial Inclusion,

Centralized FI gateway

Application solution

Yes-

Mumbai

Yes-Noida NA NA M/s TCS

Aadhar Enable Payment

System

(AEPS)

Yes-

Mumbai

Yes-Noida NA NA M/s TCS

RTGS/NEFT etc. Bank

premises

at HO

RTGS

Yes-Noida

(Testing under

Process)

NA NA M/s Acumen

SWIFT* Yes -

Mumbai

Yes :

1. HO IMD

2. Noida-

Installation

pending

NA NA M/s Globsyn

ATM Switch & Back

Office

NO No Che

nnai

Mumbai M/s FSS

CTS Mumbai No No Mu

mba

i

Hyderaba

d

M/s AGC

CTS Chennai No No Mu

mba

i

Hyderaba

d

M/s AGC

CTS Delhi Yes

(Ranjit

Nagar)

Yes - Noida NA NA M/s NCR

*Entire SWIFT setup is located within Bank's own premises. Additionally, the external SWIFT connection is sourced directly from SWIFT

and the SWIFT's recommended Network Partner, BT.

System Audit Report should also mention the existing place of storage of payment system data (DC,

DR, backup etc.) of all the above mentioned applications. This data includes full end-to-end transaction

details/ information collected / carried / processed as part of the message / payment instruction. 3.2 The System Audit should be performed as per RBI circular no. RBI/2017-18/153 dated 06.04.2018

regarding "Storage of Payment System Data". 3.5. Execution of work:

3.5.1 The successful bidder should submit a detailed plan clearly indicating the tentative dates and estimated

time for System Audit of Storage of Payment System Data of the Bank.

3.5.2 At the end of System Audit, the service provider should submit a detailed System Audit Report. Report

should specify the location of Storage of Payment System data. The System audit Report should be as per

the RBI circular no. RBI/2017-18/153 dated 06.04.2018.

3.5.3 The assignment will be for conducting System Audit for one time only.

4. OTHER IMPORTANT TERMS & CONDITIONS:

Sr.

No.

Objectives Timel

ine

Deliverables Payment

Schedules

1. Conduct of system Audit as per

scope and as per the RBI circular

no. RBI/2017-18/153 dated

06.04.2018

4

weeks

System Audit Report

(SAR)

100% after

Submission of System

Audit Report.

Note: The detail of payment schedule is described in Annexure-A.


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5. TERMS AND CONDITIONS:

5.1. Bid Price:

a. The RFP document can be downloaded from the Bank's website. However, the bidder will have to pay,

along with submission of their bid, a non-refundable fee of Rs.5 , 0 0 0 / - in the form of a demand draft

issued by a scheduled commercial bank favoring Punjab & Sind Bank, payable at New Delhi.

b. In the event of non-payment of the fee of Rs.5 , 00 0 / - towards the RFP along with the submission of

the bid documents, the bid will not be considered.

5.2. Bid Security:

a. Bidder will have to provide a Bid security of Rs.50,000/- (Rupees Fifty Thousand only) by way of Bank

Guarantee issued by a Scheduled Commercial Bank, other than P&SB, in favor of Punjab & Sind Bank,

valid for a period of one year from the last date of submission of bid.

b. The Bank reserves its right to reject the bid, in the event of non-submission of the bid- security of

Rs 50,000/-

c. No interest will be payable on the Bid Security amount.

d. The bid security amount will be forfeited if the bidder refuses to accept purchase order or having accepted

the purchase order, fails to carry out his obligations mentioned therein.

e. The Bid Security will be refunded to the unsuccessful bidders only after completion of the bid process.

f. The Bid security of the successful bidder would be refunded after the signing of the contract and furnishing

of the Performance Security of 10 % of the TCO (in the form of Bank Guarantee)

5.3. Clarifications on the RFP

a. Queries/clarifications would not be entertained over phone.

b. All the queries and clarifications must be sought in writing to the email id:

[email protected]. c. Bidders are also requested to collate queries and submit them together seeking clarifications/responses

from the Bank. It should be ensured that all the queries and clarifications are communicated in

writing on or before pre-bid meeting. Queries received thereafter will not be entertained. d. Bank will publish the clarifications/amendment (if any) on the bank’s website.

5.4. Two Part Bid: a. One hard copy of the Technical Bid and One Copy of the Commercial Bid must be submitted at the same

time, giving full particulars in separate sealed envelopes at the Bank‟s address given below on or before the

schedule given above. The bidder should submit a soft copy of the technical bid on a CD/Pen drive. Bid

mailto:[email protected]


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(Technical & Commercial) must be submitted at the same time, giving full particulars in separate sealed

envelopes addressed to The Asstt. General Manager (IT) Punjab & Sind Bank,

HO IT Department,

Bank House, 21, Rajendra Place, New Delhi-110008

b. All the envelopes must be super-scribed with the following information –

Type of Bid – System Audit Report of Storage of Payment System Data of Punjab & Sind Bank (Technical

Bid)

Type of Bid - System Audit Report of Storage of Payment System Data of Punjab & Sind Bank (Commercial

Bid) Due Date :

Name of Bidder :

Name of the Authorized Person : Contact Number : c. All schedules, Formats and Annexure should be stamped and signed by an authorized official of the

bidder`s company.

d. The bid should be delivered preferably by hand or by post/ courier at the given address on or before the

bid submission date and time. Bids sent by fax, e-mail, will not be considered for evaluation.

e. Bids will be opened in the presence of the bidder representatives who choose to attend the opening of

tender on the specified date, time and place of bid opening. All bidders are advised to be present at the time

of bid opening. No separate intimation will be given in this regard. 5.5. No Erasures or Alterations:

a. The original bid (Technical Bid and Commercial Bid) shall be prepared in indelible ink.

b. Technical details must be completely filled up. All the hand-written details in the bid must be initialed by

the persons or person who sign(s) the bids.

c. All the pages of the bid must be initialed by an authorized representative with a round stamp of the

bidding firm.

5.6. Validity :

a. The bid should remain valid for a period of 180 days from the last date of submission of the bid.

b. At the option of the Bank, the bidder should extend the validity of bid for such required period (s),

as the Bank may require during the evaluation process.

5.7. Technical Bid: a. The Technical Bid should be complete in all respects and contain all the information asked for in this


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RFP document in an organized and structured manner. All the details sought must be submitted in the

prescribed pro-forma only (as per the attached formats). Additional/ supporting documents, write-ups, etc.,

if any, should be furnished separately.

b. The Technical Bid should be submitted in separate sealed envelope, super scribed as

“System Audit Report of Storage of Payment System Data of Punjab & Sind Bank (Technical Bid)”

c. The Technical Bid should not contain any price information.

d. The Bank, at its discretion, may not evaluate a bid in case of non-submission or partial

submission of details sought.

e. The Technical Bid should comprise of following (as per the formats):

Sr. No. ANNEXURE No. SUBJECT PAGE No.

1 ANNEXURE – I PROFILE OF THE BIDDER 18

2 ANNEXURE – II ORGANISATIONAL STRUCTURE 19

3 ANNEXURE – III DECLARATION BY BIDDER 20

4 ANNEXURE – IV EXPERIENCE & EXPERTISE 21

5 ANNEXURE – V PERFORMANCE STATEMENT 22

6 ANNEXURE – VI TEAM PROFILE 23

7 ANNEXURE – VII FORMAT FOR COMMERCIAL BID 24

8 ANNEXURE – VIII BID FORM 25

9 ANNEXURE – IX BID SECURITY FORM 26

10 ANNEXURE – X PERFORMANCE SECURITY FORM 27

11 ANNEXURE – XI CONTRACT FORM 29

12 ANNEXURE – XII LETTER OF CONFIRMATION 31

13 ANNEXURE – XIII NON-DISCLOSRUE AGREEMENT 32

14 ANNEXURE – XIV PRE-CONTRACT INTEGRITY PACT 35 5.8. Commercial Bid:

a. The Commercial Bid should be submitted in separate sealed envelope, super scribed as “System Audit

Report of Storage of Payment System Data of Punjab & Sind Bank (Commercial Bid)”. b. The Commercial Bid should provide all relevant price information in Indian Rupees only.

c. The responses should be strictly as per the terms and conditions of this RFP. Bidders are advised not to

attach or specify any terms and conditions. The Bank reserves its right to reject the bids received with any

additional terms and conditions specified by the Bidder. d. The Commercial Bid should comprise of Annexure-VII (Format for Commercial BID-Page 24).

e. The prices mentioned in the commercial bid should strictly be in conformity with the price composition

specified in Annexure-A clause 4.0.

f. The Commercial Bid should include all taxes, duties, fees, and other charges as may be levied under

the applicable law as on the date of submission of the bid. However, the tax component of the prices should

be shown separately.


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g. The total cost must be quoted in WORDS AND FIGURES. In case of discrepancy between the words and

figures, lower of the two would be considered as the price quoted and the same will be binding on the bidder.

h. Commercial Bid of only those bidders, who qualify in Technical Bid evaluation, will be opened. 5.9 Evaluation Procedure:

a. The evaluation of technical bids will be done by a team of officials, which may include:

i. Scrutiny of eligibility criteria to determine the eligibility of bidders;

ii. Scrutiny of the bids to verify whether the same is in accordance with the RFP terms.

b. In the process of scrutiny of the bids, Bank may seek additional inputs and clarifications as may be

needed. The request for such clarifications and the response will necessarily be in writing.

c. Bid found to be meeting the Bank`s requirements based on the technical evaluation only will be considered

for commercial evaluation. Cost comparison will be on the basis of TCO (total cost of ownership). 5.10 Right to Alter Quantities

a. The Bank reserves the right to alter quantities, revise/modify all or any of the specifications, delete some

items specified in this bid, when finalizing its requirements or declare the RFP void, without assigning

any reason, before or after receiving the responses. 5.11 No Commitment to Accept Lowest or Any Tender

The Bank shall be under no obligation to accept the lowest or any other bid received in response to

this tender notice and shall be entitled to reject any or all tenders without assigning any reason whatsoever. 5.12 Rotation of Audit Team

If the selected Bidder has already carried out System Audit of our bank, the Bidder should change the

entire team and to depute a fresh team. 5.13 Price during Contract Period

a. The Contract would be valid for one time System Audit exercise only

5.14 Cancellation of the assignment:

The Bank reserves its right to cancel the Purchase Order in the event of one or more of the

following conditions:

a. Delay in commencement of the System Audit beyond four weeks after the Purchase Order or beyond the

date given by the bank in the Purchase Order. b. Delay in completion of System Audit beyond the time specified in the Purchase Order.


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5.15 Liquidated Damages:

5.15.1 Notwithstanding the Bank's right to cancel the assignment, 0.5% of the order value per week or part

thereof would be payable to the Bank for delay in the execution of this assignment order beyond specified

schedule, subject to a maximum of 5% of the value of the Contract.

5.15.2 Bank reserves it's right to recover these amounts by any mode such as adjusting from any

payments to be made by the Bank to the bidder. 5.15.3 The Bank however may review and consider waiving imposing of liquidated damages for delays

beyond the control of the Bidder. 5.16 RFP Ownership:

The RFP and all supporting documentation are the sole property of Punjab & Sind Bank and should not be

redistributed without prior written consent of Punjab & Sind Bank. Violation of this would be a breach of

trust and may, inter-alia cause the bidders to be irrevocably disqualified. The aforementioned material must

be returned to Punjab & Sind Bank while submitting the bid, or upon request. However, bidders can retain

one copy for reference. 5.17 Bid Ownership: The bid and all supporting documentation submitted by the bidders shall become the property of the Bank.

The bid and documentation may be retained, returned or destroyed as the Bank decides. 5.18 Confidentiality:

5.18.1 This document contains information confidential and proprietary to the Bank. Additionally, the bidders

will be exposed by virtue of the contracted activities to the internal business information of the Bank.

Disclosures of receipt of this RFP or any part of the aforementioned information to parties not directly

involved in providing the services requested could result in the disqualification of the bidders, premature

termination of the contract, or legal action against the bidders for breach of trust.

5.18.2 Selected bidder will have to sign a legal non-disclosure agreement with the Bank before starting the

project. 5.19 Non Transferable Tender:

This tender document is not transferable. Only the bidder, who has purchased this tender in its name or

submitted the necessary RFP price (for downloaded RFP) will be eligible for participation in the evaluation

process. 5.20 Language of BID:

The bid prepared by the Bidder, all correspondence and documents relating to the bid exchanged by

the Bidder & the Purchaser shall be written in English.


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5.21 Non-Disclosure Agreement/Service Level Agreement (SLA)

The selected vendor shall be required to sign Non-Disclosure Agreement (Annexure XIII) and Service Level

Agreement (SLA) covering all terms and conditions of this tender and Purchase Order/ Contract confidentiality and

non-disclosure clauses.

6. RESOLUTION OF DISPUTES:

6.1 The Purchaser and the bidder shall make every effort to resolve amicably by direct informal negotiation

any disagreement or dispute arising out of or in connection with the Contract.

6.2 If, after thirty (30) days from the commencement of such informal negotiations, the Purchaser and

the bidder have been unable to resolve amicably a Contract dispute, either party may require that the

dispute be referred for resolution to the formal mechanisms. Such disputes or differences shall be

settled in accordance with the Arbitration and Conciliation Act,1996. Where the value of contract is above

Rs.1 crore, the arbitral tribunal shall consist of 3 arbitrators, one each to be appointed by the Bank and the

Bidder. The third arbitrator shall be chosen by mutual discussion between the Bank and the Bidder.

6.3 The arbitration proceedings shall be held at New Delhi, India, and the language of the arbitration

proceedings shall be English. 6.4 The decision of majority of arbitrators shall be final and binding upon both parties. The cost and

expenses of Arbitration Proceedings will be paid as determined by arbitral tribunal. However, 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;

and

6.5 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 shall be appointed by agreement between the parties. 7. CORRUPT OR FRAUDULENT PRACTICES:

7.1 As per CVC directives it is required that Bidders/Suppliers/Contractors observes the highest

standard of ethics during the procurement and execution of such contracts. In pursuance of this policy;

i) “ Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract execution;

And ii) “ Fraudulent practice” means a misrepresentation of facts in order to influence a procurement

process or the execution of contract to the detriment of the Purchaser and includes collusive practice

among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-

competitive levels and to deprive the Purchaser of the benefits of free and open competition;

7.2 The Purchaser will reject a bid for award if it determines that the Bidder recommended


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for award has engaged in corrupt or fraudulent practices in competing for

the contract in question;

7.3 The Purchaser will declare a firm ineligible, either indefinitely or for a stated period of time, to

be awarded a contract if at any time it determines that the firm has engaged in corrupt or fraudulent

practices in competing for, or in executing a contract.

8. INDEMNITY:

8.1 The bidder (Contractor) will indemnify the Bank against all actions, proceedings, claims, suits,

damages and any other expenses for causes attributable to the bidder.

8.2 The total liability of the selected bidder under the contract will not exceed the total cost of the project. 9. BIDDER’S OBLIGATIONS: 9.1 The bidder is obliged to work closely with the Purchaser s staff, act within its own authority and

abide by directives issued by the Purchaser during the System AUDIT activities.

9.2 The bidder is responsible for managing the activities of its personnel and will hold itself responsible for

any misdemeanors.

9.3 The bidder will treat as confidential all data and information about the Purchaser, 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 Purchaser 10. PATENT RIGHT:

10.1 The Bidders shall indemnify the Purchaser against all third party claims of infringement

of patent, trademark or industrial design rights arising from use of the Software package or any part

thereof in India and abroad. 10.2 In the event of any claim asserted by the third party of infringement of copyright, patent,

trademark or industrial design rights arising from the use of the solution or any part thereof in India and

abroad, the Bidder shall act expeditiously to extinguish such claims. If the Bidder fails to comply and the

Purchaser is required to pay compensation to a third party resulting from such infringement, the Bidder shall

be responsible for the compensation including all expenses, court costs and lawyer fees. The

Purchaser will give notice to the Bidder of such claims, if it is made, without delay. 11. SIGNING OF CONTRACT: 11.1 At the time when the Purchaser notifies the Bidder that its bid has been accepted, the Purchaser

will send the Bidder the Contract Form (Annexure-XI) provided in the RFP, incorporating all

agreements between the parties.

11.2 Within One week of receipt of Contract Form, the bidders shall sign and date the contract and return

it to the Purchaser along with the required Performance Security. 11.3 Bank reserves the right to select the next ranked bidder if the selected bidder withdraws his


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bid after selection or at the time of finalization of the contract or disqualified on detection of wrong or

misleading information in the bid.

11.4 In case the bidder fails to comply with the Clause 11.1 and 11.2 or in case the bidder

withdraws his bid after selection as per Clause 11.3 the bid security of the bidder will be forfeited.

11.5 Contract Amendment: No variation in or modification of the terms of the Contract shall be

made except by written amendment signed by the parties.

11.6 The bidder shall not assign, in whole or in part, its obligations to perform under the Contract,

except with the Purchaser s prior written consent.

12. PUBLICITY:

Any publicity by the bidder in which the name of the Purchaser is to be used should be done only with the

explicit written permission of the Purchaser.

Disclaimer Subject to any law to the contrary, and to the maximum extent permitted by law, Punjab & Sind Bank

and its officers, employees, contractors, agents, and advisers disclaim all liability from any loss or damage

(whether foreseeable or not) suffered by any person acting on or refraining from acting because of any

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

conduct ancillary to it whether or not the loss or damage arises in connection with any negligence, omission,

default, lack of care or misrepresentation on the part of Punjab & Sind Bank or any of its officers, employees,

contractors, agents, or advisers.


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Annexure-A

OTHER IMPORTANT TERMS & CONDITIONS 1 TERMS OF PAYMENT: 1.1 The Bidder s request(s) for payment shall be made to the Purchaser in writing,

accompanied by an invoice describing, as appropriate and services performed and by documents

submitted and upon fulfillment of other obligations stipulated in the Contract. 1.2 Payments shall be made by the Purchaser on submission of an invoice/claim supported by all

required documents by the Bidder. 1.3 Payment will be made to the Bidder in Indian Rupees only.

1.4 Payment Schedule: -

Payment will be made on completion of following milestones:

100% after submission of System Audit Report

** TDS would be deducted at source for any payment made by the BANK as per the

prevailing Rules of Government of India. 1.5 Price Composition: The price quoted should be inclusive of following:

a) Professional Charges

b) Travel and Halting expenses, including local conveyance

c) Out of pocket expenses

d) Excluding GST 1.6 Work Contract tax, if any, applicable should be borne by the Bidder.

1.7 The commercial bid shall be on a fixed price basis and in Indian Rupees. No price variation should be

asked for relating to increases in customs duty, any taxes, foreign currency price variation etc. except GST, 1.8 All costs and expenses incurred by bidder in any way associated with the development,

preparation, and submission of responses, including the attendance at meetings, discussions, demonstrations,

reference site visits etc. and providing any additional information required by Punjab & Sind Bank, will

be borne entirely and exclusively by the bidder. 2.0 TAXES & DUTIES:

2.1 The bidder will be entirely responsible to pay all taxes including corporate tax, income tax,

license fees, duties etc. except GST in connection with delivery of the services at site. 2.2 Wherever the laws and regulations require deduction of such taxes at the source of payment, the

Bank/ purchaser shall effect such deductions from the payment due to the bidder. The remittance of

amount so deducted and issue of certificate for such deductions shall be made by the Purchaser as per

the laws and regulations in force.

2.3 GST if any, which will be applicable should be clearly mentioned separately which will be paid by the

Bank on actual basis on production of proof.


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2.4 Nothing in the contract shall relieve the bidder from his responsibility to pay any tax that may be

levied in India on income and profits made by the bidder in respect of this contract. 2.5 Payment of Other Expenses:

a. The selected bidder will have to visit various offices of the Bank, at various locations like

Mumbai, Chennai, Delhi, Noida, Hyderabad etc. during the course of System Audit. The Bank will not pay

any expenses towards travelling, lodging and boarding of the members of System Audit team of the selected

bidder. They will have to make their own travel and stay arrangements.

b. The bidder may perform a site inspection at its own cost to verify the appropriateness of the

sites/facilities before start of the Audit. 3.0 PROJECT SCHEDULE:

The selected bidder has to depute its officials at HO IT Department, New Delhi within one week from

the date of signing of the contract, for holding a formal meeting During the said meeting the bidder

has to give a brief technical overview / presentation regarding the technical methodology being adopted by

them to conduct the said audit. The bidder has to maintain the schedule time frame as mentioned below:-

The timeframe for completion of the project would be maximum 4 weeks

The Final SAR certificate is to be issued after completion of System Audit related to Storage of Payment

System data. 4.0 Documentation Format:-All documents will be handed over in three copies, numbered, signed, legible,

neatly and robustly bound on A-4 size, good-quality paper Soft copies of all the documents,

properly encrypted in MS Word /MS Excel /PDF format also to be submitted in CDs/DVDs along with the

hard copies of all documents will be in plain English

5.0 Signing of Pre- Contract Integrity Pact

All the participating bidders have to sign Pre-Contract Integrity Pact as per the Performa (Annexure XIV)

provided by the bank to the bidder as per CVC guidelines.

The integrity pact envisages a panel of Independent External Monitors (IEMs) to review independently and

objectively, whether and to what extent parties have complied with their obligation under the pact. The IEM

has the right to access to all the project documents. The Bank shall notify the name of the IEM when

finalized.


17

ANNEXURE B: SCHEDULE OF REQUIREMENTS I N D E X

Sr.

No.

ANNEXURE No. SUBJECT PAGE No.

1 ANNEXURE – I PROFILE OF THE BIDDER 18

2 ANNEXURE – II ORGANISATIONAL STRUCTURE 19

3 ANNEXURE – III DECLARATION BY BIDDER 20

4 ANNEXURE – IV EXPERIENCE & EXPERTISE 21

5 ANNEXURE – V PERFORMANCE STATEMENT 22

6 ANNEXURE – VI TEAM PROFILE 23

7 ANNEXURE – VII FORMAT FOR COMMERCIAL BID 24

8 ANNEXURE – VIII BID FORM 25

9 ANNEXURE – IX BID SECURITY FORM 26

10 ANNEXURE – X PERFORMANCE SECURITY FORM 27

11 ANNEXURE – XI CONTRACT FORM 29

12 ANNEXURE – XII LETTER OF CONFIRMATION 31

13 ANNEXURE – XIII NON-DISCLOSURE AGREEMENT 32

14 ANNEXURE – XIV PRE-CONTRACT INTEGRITY PACT

35


18

ANNEXURE –I (TECHNICAL BID) :- PROFILE OF THE BIDDER

RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dt. 08.09.2018

DESCRIPTION DETAILS

Registered address of the Bidder Address:

Address for Correspondence of the Bidder

STD- Phone:

e-mail Id: FAX No:

Contact name of the official who

can commit on the contractual terms and the name of

an alternate official who may be contacted in

the absence of the former

Primary Contact:

Name: Designation: STD- Phone No: Mobile Phone :

e-mail ID : Alternate Contact: Name : Designation:

STD- Phone No: Mobile Phone :

e-mail ID :

Contact addresses if different from

above

Official Website Web Site URL :

Authorized Signatory with Seal

Date: Place:


19

ANNEXURE –II (TECHNICAL BID) :- ORGANISATIONAL STRUCTURE


DESRCRIPTION DETAILS

Business Structure of the Bidder –Government

organization / PSU /Partnership Firm /Limited Co. /

LLP/ Private Ltd. Co. (Enclose relevant registration

details)

Registered Office

Bidder’s Organization’s date of

inception/Commencement of Business

No. of completed years in existence as on the last

date of bid submission

Constitution

Names of Directors

Core Business of Bidder

Bidder is engaged in Systems

Audits since (month & year) & total experience (in

years/months) in System Audit Services

Whether Systems Audit is a core

function of the bidder?

Empanelment with CERT-In as System Audit

Organization – current status (Enclose

Empanelment details)

Empanelment valid from :- Empanelment valid up to :-

Whether submitting the Bid as a part of any

consortium (Yes/No)


Date: Place:


20

ANNEXURE –III (TECHNICAL BID) :- DECLARATIONS BY BIDDER


Bidder warrants financial solvency i.e.

ability to meet all debts as and when they fall

due Insolvent/Bankruptcy

(substantiate)

Bidder confirms that it has not been

blacklisted by any Govt. Department

/PSU/PSE or Banks or the bidder/firm is

otherwise not involved in any such

incident with any concern whatsoever

(substantiate)


Date: Place:


21

ANNEXURE –IV (TECHNICAL BID) :- EXPERTISE & EXPERIENCE

RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dated: 08.09.2018


Details of the Assignments where the

bidder has performed System Audit of

Payment System of Scheduled Commercial

Banks or any Financial Institution in India

during last four years (2015, 2016, 2017,

2018)

Tools used for System Audit

Methodology adopted for System Audit

Bidder’s experience & Expertise in

System Audit of Payment System in any Bank or

any financial institution.

(Enclose Relevant documents)


Date: Place:


22

Annexure V :-( Technical Bid)

PERFORMANCE STATEMENT OF THE BIDDER

RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dated: 08.09.2018


Name of the Bank / organization

Address of the Bank / organization

Project Name(Mention only System Audit of

Payment System related projects in Banks/other

organizations)

Sites covered under the Project

System Audit start date

Current status of the Project

Duration of the Project

Modules covered in System audit

Infrastructure/Facilities covered in System Audit

Contact person details from the Bank 1)Name:-

2) Designation :-

3)Phone No. :-

4)Email Id :-

Names of project staff/ professionals involved

Nature of audit work that was outsourced (if any)


Date: Place:


23

Annexure VI :- (Technical Bid) PROFILE OF THE PROPOSED SYSTEMAUDIT TEAM

TO BE ASSIGNED FOR THE PROJECT


S.

N.

NAM

E

DESIG. PART

TIME

/

FULL

TIME

ROLE IN IS

AUDIT

(TASK/

MODULE)

PROFESSIONAL

QUALIFICATION

YEARS

OF IS

AUDIT

EXP.

1

2

3

4

5

6

7

8

9

1

0


Date: Place:


24

PARTICULARS BASE AMOUNT (IN RS)

INCLUDING ALL TAXES AS

PER THE

CURRENT RATE

EXCLUDING GST

(A)

GST AS PER THE CURRENT

RATE APPLICABLE

(B)

TOTAL

AMOUNT

(A+B=C)

Cost of System Audit as

per the scope of work

defined in the RFP (Inclusive

of all fees & expenses)

TOTAL COST OF IS AUDIT

Annexure VII :- (Commercial bid) FORMAT FOR COMMERCIAL BID

RFP Ref. No: PSB/HOIT/RFP/121/2018-19 Dated: 08.09.2018

(Total Base Amount (As per column A) in Words: - Rupees )


Date: Place:

Note:-

The Commercial Bid should contain the Total Project cost, on a

fixed cost Basis. Punjab & Sind will neither provide nor reimburse any expenditure towards

any type of Accommodation, Travel Ticket, Airfares, Train fares, Halting expenses, Transport,

Lodging , Boarding etc.

The prices quoted above should be inclusive of all taxes & Duties as applicable except

GST. The commercial bid will be evaluated based on column (A) i.e. Base Amount including all

taxes as per the current rate excluding GST.

GST should be mentioned in the separate column as provided in the format

Providing commercial bid other than this format may lead to rejection of the bid.


25

Annexure VIII :- (Technical Bid) RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dt. 08.09.2018

BID FORM

To Date:

PUNJAB & SIND BANK, H.O. IT Department,

2nd floor, Bank House,

21, Rajendra Place, New Delhi – 110008 Having examined the RFP including all Annexures, the receipt of which is hereby duly

acknowledged, we the undersigned, offer to provide System Audit services in conformity

with the said RFP in accordance with the Price Composition indicated in the Commercial Bid

and made part of the Bid.

We undertake, if our bid is accepted, to deliver the services in accordance with the delivery

schedule specified in Annexure A. We agree to abide by this bid for the period of 180 days from the last date of submission of the bid

and it shall remain binding upon us and may be extended at any time before the expiration of that

period.

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 the Bank is not bound to accept the lowest of any bid the

Bank may receive. Dated this day of 20 .

(Signature) (In the Capacity of) Duly authorized to sign bid for and on behalf of

(Name & Address of Bidder)

Business Address


26

Annexure IX :- (Technical Bid) BID SECURITY FORM

(SAMPLE FORMAT OF BANK GUARANTEE (BG) FOR BID SECURITY)

(ON A NON-JUDICIAL STAMP PAPER OF RS. 100.00)

TO:

PUNJAB & SIND BANK, H.O. IT Department,


21, Rajendra Place, New Delhi – 110008

WHEREAS

________(hereinafter called “the Bidder”) has submitted its bid dated ________(date of submission

of bid) for providing services of System Audit ) (hereinafter called “the_______________( name

and/or description of goods/Services 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 PUNJAB & SIND BANK (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 CONDITONS 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 fails or refuses to execute the Contract Form if required;

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.

This guarantee will remain in force up to the last date of submission of the bid i.e.

, and any demand in respect thereof should reach the Bank not later than the above date.

Place:

SEAL Code No. SIGNATURE

NOTE: 1 BIDDER SHOULD ENSURE THAT THE SEAL & CODENO. OF THE SIGNATORY IS

PUT BY THE BANKERS, BEFORE SUBMISSION OF BG.

2 STAMP PAPER IS REQUIRED FOR THE BG ISSUED BY THE BANKS LOCATED IN

INDIA.


27

Annexure X: - PERFORMANCE SECURITY FORM

(SAMPLE FORMAT OF BANK GUARANTEE (BG) FOR EMPANELMENT SECURITY)

(ON A NON-JUDICIAL STAMP PAPER OF RS. 100.00)

TO:

PUNJAB & SIND BANK,

H.O. IT Department,


21, Rajendra Place, New

Delhi – 110008

WHEREAS (hereinafter called “the Bidder”) has submitted

its bid dated (date of submission of bid ) for providing services of IS

Audit

called “the Bid”).

( name and/or description of goods ) (hereinafter

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 PUNJAB & SIND

BANK (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 CONDITONS of this obligation are:

1. If the Bidder, having been notified as selected for providing SYSTEM AUDIT to the Purchaser,

during the period of contract fails to perform obligations as bidder and/or does not fulfill the requirements

as specified in the contract up to the desired level. 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.

This guarantee will remain valid for a period of 12 months from the date of signing

of the contract i.e. from to , and any demand in respect thereof

should reach the Bank not later than the above date. Place:

SEAL Code No. SIGNATURE


28

NOTE: 1. THE BIDDER SHOULD ENSURE THAT THE SEAL & CODENO. OF THE SIGNATORY

IS PUT BY THE BANKERS, BEFORE SUBMISSION OF BG. 2. STAMP PAPER IS REQUIRED FOR THE BG ISSUED BY THE BANKS LOCATED IN

INDIA.


29

Annexure XI: - CONTRACT FORM (SAMPLE)

(Non-Judicial Stamp Paper of appropriate value)

RFP REF. NO.

CONTRACT NUMBER:

THIS AGREEMENT made the day of , 20 Between PUNJAB

& SIND BANK (hereinafter “the Purchaser”) of one part and (Name

of

Selected Bidder) of (City and Country of Bidder) (hereinafter “the Bidder”)

of the other part:

WHEREAS the Purchaser is desirous that certain services should be provided by

the Bidder, viz. (Brief description of Services)

and has accepted a bid by the Bidder for supply of services to meet its requirement from time

to time.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this

Agreement, viz. : (a) RFP No. PSB/HOIT/RFP/121/2018-19 dated 08.09.2018 and all its addendums/modifications.

(b) The Bid form and price schedule submitted by the bidder.

(c) the Scope of works, deliverables

(d) all terms & conditions as per RFP, Annexure-A

3. In consideration of the payments to be made by the Purchaser to the Bidder in terms of Purchase

Order for system AUDIT services placed by Head Office of the Purchaser, the bidder hereby

covenants with the Purchaser to provide the services therein in conformity in all respects

with the provisions of the contract.

4. The Purchaser hereby covenants to pay the bidder in consideration of the provision of services

, the Purchase order Price or such other sum as may become payable under the provisions of the

Contract at the times and in the manner prescribed by the Contract.


30

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 Bidder) in presence of

Signed, sealed and Delivered by the Said (For the Purchaser)

in presence of


31

Annexure XII (Technical Bid)

LETTER OF CONFIRMATION

The Asstt. General Manager,

PUNJAB & SIND BANK,

H.O. IT Department, 2nd floor, Bank House,

21, Rajendra Place, New Delhi – 110008

Dear Sir,

We confirm that we will abide by the Terms & Conditions mentioned in the Tender Document

(RFP and annexure) in full. We shall observe confidentiality of all the information passed on

to us in course of the System Audit process and shall not use the information for any other purpose

than the current tender.

We confirm that we have not been blacklisted by any Govt. Department /PSU / PSE or Banks or

otherwise not involved in any such incident with any concern whatsoever, where the job

undertaken / performed and conduct has been questioned by any authority, which may lead to

legal action.

We also confirm that we are not a bidder /consultant to the bank involved in either

supply/installation of Hardware/Software, implementation of Security/Network

Infrastructure of the Bank or providing services excluding System Audit services, in the past

three years directly or indirectly through a consortium.

Place : Date:

(Authorized Signatory)

SEAL


32

ANNEXURE XIII

Format of Non - Disclosure Agreement (NDA)

This Agreement made at ____, on this day of 2018.

BETWEEN

_____________a company incorporated under the Companies Act, 1956 having its registered office

at (hereinafter referred to as “ ” which expression unless repugnant to the context or meaning

thereof be deemed to include its successors and assigns) of the ONE PART;

AND

_______________, a body corporate constituted under _____________________ and having its

registered Office at _________________ (hereinafter referred to as “ ” which expression unless

repugnant to the context or meaning thereof be deemed to include its successors and assigns) of the

OTHER PART

And “ ” are hereinafter individually referred to as party and collectively referred to as “the Parties”.

Either of the parties which discloses or receives the confidential information is respectively referred

to herein as Disclosing Party and Receiving Party.

WHEREAS:

The Parties intend to engage in discussions and negotiations concerning the establishment of a

business relationship between them. In the course of such discussions and negotiations, it is

anticipated that both the parties may disclose or deliver to either of the Parties certain or some of its

trade secrets or confidential or proprietary information, for the purpose of enabling the other party to

evaluate the feasibility of such business relationship (hereinafter referred to as “the Purpose”).

NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY

AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. Confidential Information: “Confidential Information” means all information disclosed/ furnished

by either of the parties to another Party in connection with the business transacted/to be transacted

between the Parties and/or in the course of discussions and negotiations between them in

connection with the Purpose. Confidential Information shall include customer data, any copy,

abstract, extract, sample, note or module thereof.

Either of the Parties may use the Confidential Information solely for and in connection with the

Purpose. Notwithstanding the foregoing, “Confidential Information” shall not include any

information which the Receiving Party can show: (a) is now or subsequently becomes legally and

publicly available without breach of this Agreement by the Receiving Party, (b) was rightfully in

the possession of the Receiving Party without any obligation of confidentiality prior to receiving it

from the Disclosing Party, (c) was rightfully obtained by the Receiving Party from a source other

than the Disclosing Party without any obligation of confidentiality, or (d) was developed by or for

the Receiving Party independently and without reference to any Confidential Information and

such independent development can be shown by documentary evidence.


33

2. Non-disclosure: The Receiving Party shall not commercially use or disclose any Confidential

Information or any materials derived there from to any other person or entity other than persons

in the direct employment of the Receiving Party who have a need to have access to and

knowledge of the Confidential Information solely for the Purpose authorized above. The

Receiving Party may disclose Confidential Information to consultants only if the consultant has

executed a Nondisclosure Agreement with the Receiving Party that contains terms and conditions

that are no less restrictive than these. The Receiving Party shall take appropriate measures by

instruction and written agreement prior to disclosure to such employees to assure against

unauthorized use or disclosure. The Receiving Party agrees to notify the Disclosing Party

immediately if it learns of any use or disclosure of the Disclosing Party’s Confidential

Information in violation of the terms of this Agreement. Further, any breach of nondisclosure

obligations by such employees or consultants shall be deemed to be a breach of this Agreement

by the Receiving Party and the Receiving Party shall be accordingly liable therefore.

Provided that the Receiving Party may disclose Confidential information to a court or

governmental agency pursuant to an order of such court or governmental agency as so required by

such order, provided that the Receiving Party shall, unless prohibited by law or regulation,

promptly notify the Disclosing Party of such order and afford the Disclosing Party the opportunity

to seek appropriate protective order relating to such disclosure.

3. Publications: Neither Party shall make news releases, public announcements, give interviews,

issue or publish advertisements or publicize in any other manner whatsoever in connection with

this Agreement, the contents / provisions thereof, other information relating to this Agreement,

the Purpose, the Confidential Information or other matter of this Agreement, without the prior

written approval of the other Party.

4. Term: This Agreement shall be effective from the date hereof and shall continue till

establishment of business relationship between the Parties and execution of definitive agreements

thereafter. Upon expiration or termination as contemplated herein the Receiving Party shall

immediately cease any and all disclosures or uses of Confidential Information; and at the request

of the Disclosing Party, the Receiving Party shall promptly return or destroy all written, graphic

or other tangible forms of the Confidential Information and all copies, abstracts, extracts,

samples, notes or modules thereof. Notwithstanding anything to the contrary contained herein the

confidential information shall continue to remain confidential until it reaches the public domain

in the normal course.

5. Title and Proprietary Rights: Notwithstanding the disclosure of any Confidential Information

by the Disclosing Party to the Receiving Party, the Disclosing Party shall retain title and all

intellectual property and proprietary rights in the Confidential Information. No license under any

trademark, patent or copyright, or application for same which are now or thereafter may be

obtained by such Party is either granted or implied by the conveying of Confidential Information.

The Receiving Party shall not conceal, alter, obliterate, mutilate, deface or otherwise interfere

with any trademark, trademark notice, copyright notice, confidentiality notice or any notice of

any other proprietary right of the Disclosing Party on any copy of the Confidential Information,

and shall reproduce any such mark or notice on all copies of such Confidential Information.


34

Likewise, the Receiving Party shall not add or emboss its own or any other any mark, symbol or

logo on such Confidential Information.

6. Return of Confidential Information: Upon written demand of the Disclosing Party, the Receiving

Party shall (i) cease using the Confidential Information, (ii) return the Confidential Information

and all copies, abstract, extracts, samples, notes or modules thereof to the Disclosing Party within

seven (7) days after receipt of notice, and (iii) upon request of the Disclosing Party, confirm in

writing that the Receiving Party has complied with the obligations set forth in this paragraph.

This obligation shall be subject to the exception under clause 4.

7. Remedies: The Receiving Party acknowledges that if the Receiving Party fails to comply with

any of its obligations hereunder, the Disclosing Party may suffer immediate, irreparable harm

for which monetary damages may not be adequate. The Receiving Party agrees that, in addition

to all other remedies provided at law or in equity, the Disclosing Party shall be entitled to

injunctive relief hereunder.

8. Entire Agreement, Amendment, and Assignment: This Agreement constitutes the entire

agreement between the parties relating to the matters discussed herein and supersedes any and

all prior oral discussions and/or written correspondence or agreements between the parties. This

Agreement may be amended or modified only with the mutual written consent of the parties.

Neither this Agreement nor any right granted hereunder shall be assignable or otherwise

transferable.

9. Governing Law and Jurisdiction: The provisions of this Agreement shall be governed by the

laws of India. The disputes, if any, arising out of this Agreement shall be submitted to the

jurisdiction of the courts/tribunals in New Delhi.

10. General: The Receiving Party shall not reverse engineer, decompile, disassemble or otherwise

interfere with any software disclosed hereunder. All Confidential Information is provided “as

is”. In no event shall the Disclosing Party be liable for the inaccuracy or incompleteness of the

Confidential Information. None of the Confidential Information disclosed by the parties

constitutes any representation, warranty, assurance, guarantee or inducement by either party to

the other with respect to the fitness of such Confidential Information for any particular purpose

or infringement of trademarks, patents, copyrights or any right of third persons.

11. Indemnity: The receiving party should indemnify and keep indemnified, saved, defended,

harmless against any loss, damage, costs etc . incurred and / or suffered by the disclosing party

arising out of breach of confidentiality obligations under this agreement by the receiving party

etc., officers, employees, agents or consultants.

IN WITNESS WHEREOF, the Parties hereto have executed these presents the day, month and year

first hereinabove written.For and on behalf of

For and on behalf of

Bidder/Vendor Punjab And Sind Bank

Name of Authorized signatory: Name of Authorized signatory:

Designation: Designation


35

ANNEXURE XIV

PRE-CONTRACT INTEGRITY PACT

(To be stamped in accordance with the stamp act)

PRE CONTRACT INTEGRITY PACT

General

This pre-bid pre contract Agreement (hereinafter called the integrity pact is made on

day of the month of 201__, between, on one hand, Punjab and Sind Bank, acting through

Shri , _, Punjab and Sind Bank, Government of India

Undertaking (hereinafter called the “BUYER” which expression shall mean and include, unless the

context otherwise requires, his successors in office and assigns) of the first part and M/s

represented by Shri , authorized signatory of M/s -------------(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 Store /Equipment /item and the BIDDER

/SELLER is willing to offer /has offered the store and

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 Government of India, PSU Bank.

Now, THEREFORE,

To avoid all forms of corruption by following a system that is fair , transparent and free from any

influence /prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered

into with a view to:-

Enabling the BUYER to obtain the desired said store/equipment 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 the 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:-

1. 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 accept, directly or through intermediaries,

any bribe, consideration, gift, reward favor 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.


36

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 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 commitment as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official (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.

3. Commitment of BIDDERS

The BIDDERs commit itself to all take all measures necessary to prevent corrupt practices, unfair means

and illegal activates 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, favor, any material benefit or other advantage

commission fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the

contract forbearing to 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 for bearing to show favor 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 payment to be made by them to agents/brokerage 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

manufacturer/integrator/authorized Government sponsored export entity of the defense stores 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 such 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 payment he has made, is committed to or intends to make to


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officials of the BUYER or their family members agents, brokers or any other intermediaries in connection

with the contract details or/and the 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.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on

to other, any information provided by the BUYER as part of the business deal, 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 refrain 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 action

mentioned above.

3.12 The BIDDER will not, directly or through any other person or firm, offer, promise or give to any

of the Principal’s employees involved in the tender process or the execution of the contract or to any third

person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange

any kind of favour whatsoever during the tender process or during the execution of the contract.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three year 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 justify BIDDER’S exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be

disqualified from the tender propose 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 RFP) as Earnest money/security, with the BUYER through any of the following instruments:-

(i) 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.

(ii) Any other mode or through any other instrument (to be specified in the RFP).


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5.2 The Earnest money / Security deposit shall be valid up to a period of Bid validity plus 45 days or

the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER

and the BUYER, including warranty period, whichever is later.

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 sanction 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.

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, wherever required:

(i) To immediately call off the pre contract negotiations without assigning any reason or giving

any compensation to the BIDDER. However, the proceeding 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 therefore.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to

the BIDDER.

(iv) To recover all sum 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

outstanding payment could also be utilized to recover the aforesaid sum and interest.

(v) To encase the advance bank guarantee and performance bond / warranty bond, if

furnished by the BIDDER in order to recover the payments, already made by the BIDDER,

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 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 year, which may be further extended at the discretion of

the Buyer

(viii) To recover all sum paid in violation of this pact by bidder (s) to any middleman or agent or

broker with a view to securing the contract.

(ix) In case 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


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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.

6.3 The decision of the BUYER to the effect that 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 purpose of this pact.

7. Fall Clause

The BIDDER undertakes that it shall not supply identical solution(s)(For Department of Information

Technology)/ products/ services (for other departments) in comparable business circumstances at a price

lower than that offered in the present bid in respect of any other Public Sector Bank in India and if it is

found that within one year after the signing of contract that identical solution(s) is supplied by the

BIDDER to any other Public Sector Bank in India at a lower 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 The BUYER has appointed Independent Monitors (here either referred to as Monitors) for this pact

in consolation with the central vigilance commission.

8.2 The task of the Monitors shall be to review Independent 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 instruction by the representatives of the parties and perform

their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the access all the documents relating to the

project/procurement, including minutes of meeting.

8.5 As soon as the monitor notice, 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 BIDDER will provide to the Monitor sufficient information about all meetings among the

parties related to the project provided such meetings could have an 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 / Secretary in

the Department/ 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.


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9. Facilitation of Investigation

In case of any allegation of violation of any provision 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 provisions of the extent 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 this signing and extend up to 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.

12.2 Should one or several provisions of this Pact turn out to be invalid, the reminder of this Pact shall

remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

13. The BIDDER undertakes that he shall not approach the Court while representing the matter to External

Independent Monitors (IEMs) and he will await their decision in the matter within a time ceiling of 90

days.

14. The parties hereby sign this Integrity Pact at _________ on ________

BUYER BIDDER

Name of the Officer Authorized Signatory

Designation

Punjab and Sind Bank

Witness Witness

1. _______________________ 1. ______________________

2. _______________________ 2. ______________________

SYTEM AUDIT REPORT OF STORAGE OF PAYMENT ......details/ information collected / carried / processed...

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