REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF 5000 UNITS OF TABLETS ( 10 SCREEN OR ABOVE ) STATE BANK OF INDIA

Transcription

1 REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF 5000 UNITS OF TABLETS ( 10 SCREEN OR ABOVE ) STATE BANK OF INDIA REQUEST FOR PROPOSAL (RFP) NO: SBI/GITC/TOCO/ /133 Dated: STATE BANK OF INDIA TECHNOLOGY OPERATIONS CHANNEL & OTHERS STATE BANK GLOBAL IT CENTRE SECTOR-11, CBD BELAPUR, NAVI MUMBAI (MAHARASHTRA) Page 1 of 65

2 Table of Contents Para No. Subject Bid Details 1 Overview 2 Definitions 3 Purpose 4 Invitation 5 Bidder s Eligibility Criteria 6 Technical Eligibility Criteria 7 Disclaimer 8 Earnest Money Deposit (EMD) 9 Performance Bank Guarantee (PBG) 10 Bidding Document 11 Bidding Process 12 Preparation and Submission of Bids 13 Opening and evaluation of Bids 14 Award & Signing of Contract 15 Subcontracting 16 Patent Rights 17 Powers to Vary or Omit Work 18 No Waiver of Bank Rights or Successful Bidder s Liability 19 Inspection and Audit 20 Cancellation of Contract 21 Delays in the Vendor s performance in successful implementation of the project 22 Liquidated Damages 23 Termination for Default 24 Force Majeure 25 Termination for Insolvency 26 Disputes/Arbitration ( Applicable in case of successful bidder only) 27 Governing Language 28 Governing Law 29 Notices 30 Taxes and Duties 31 Bidder s Obligation 32 System Integration Testing & User Acceptance Testing 33 Training 34 Technical Documentation 35 Source Code 36 Services 37 Purchase Price 38 Delivery/Installation Schedule 39 Warranty/AMC 40 Support Requirements 41 Penalty / SLA conditions 42 Right to verification 43 Terms of Payment 44 Validity of Agreement 45 Indemnity to the Bank 46 Delay in performance of the obligation by the bidder 47 Transfer of ownership 48 Limitation of Liability 49 Confidentiality 50 Other Terms and Conditions Annexure A Bid Covering Letter Annexure B Bidder s Eligibility Criteria Annexure C Technical Eligibility Criteria Annexure D Bidder Details Annexure E Non-Disclosure Agreement Annexure F Indicative Commercial Bid Annexure G Compliance Statement Annexure H Format for Performance Bank Guarantee (PBG) Annexure I Format for Earnest Money Deposit (EMD) Annexure J Undertaking of authenticity for Hardware and Software Supplies Annexure K Bid Form (Technical Bid) Annexure L List of Local Head Offices(LHOs) Annexure M Agreement Page 2 of 65

3 BID DETAILS 1 Date of commencement of Bidding Process (Posting of Tender Document on Web Site / Publication of Tender) 2 Last date and time for receipt of written queries for clarification Date: Date: Time:5.00 PM (Written queries are to ed to inb.tender@sbi.co.in) from OEMs/Channel partners 3 Pre-bid meeting Date: Time:11 AM Venue: State Bank Global IT Centre, CBD Belapur, Navi Mumbai Last Date and Time for submission of response by bank 5 Last Date and Time for Bid Submission 6 Date and Time of Technical Bid Opening Date: Date: Time:3.00 PM Time:3.00 PM Date: Time: 4.00 PM Authorised representatives of Bidders are advised to be present during opening of Technical Bid. However, Technical Bids would be opened even in the absence of any or all of the representatives of bidders. 7 Place of opening of Bids SBI, TOCO Department, GITC, Belapur. 8 Address for communication (Bank) Dy. General Manager (TOCO), State Bank of India, Tech. Operations-Channels & Others Department, 1 st Floor, B -Wing, Global IT Centre, CBD Belapur, Navi Mumbai Contact Number: ; inb.tender@sbi.co.in; ak.patil@sbi.co.in; vasant.k@sbi.co.in ( s to be addressed to all mail IDs given here) 9 Earnest Money Deposit Rs.10 lakh in the form of Bank Guarantee (BG) in favour of State Bank of India issued by any Scheduled Commercial Bank other than State Bank of India. The bidders who exclusively deal with SBI may submit Letter of Comfort from the branches concerned in lieu of Bank Guarantee. EMD should be enclosed with Technical Bid. A format for BG is attached as per Annexure I. The Bank Guarantee should be valid for period of 12 months. 10 Bidder Contact Details 1.Name of the Company 2.Contact Person 3.Mailing address with Pin Code 4.Telephone number and Fax Number 5. Mobile Number Date of Online Reverse Auction. Date: (Tentative) Or on a subsequent date which will be communicated to such bidders who qualify in the Technical Bid. Page 3 of 65

4 1. Overview State Bank of India (herein after referred to as SBI/the Bank is having its Corporate Centre at Mumbai and other offices (LHOs/ Head Offices /Zonal Offices/Global Link Services/other offices of State Bank of India, its five associate banks (viz. State Bank of Bikaner & Jaipur, State Bank of Hyderabad, State Bank of Mysore, State Bank of Patiala and State Bank of Travancore) and other exchange companies in various locations and managed by SBI including SBI LIFE AND SBI MUTUAL FUND (collectively referred to as State Bank Group or SBG hereinafter). This RFP is issued by the Bank on behalf of SBG. The Bank proposes to invite bids from eligible bidders for Price Discovery and freezing of price for 12 months from the date of reverse auction for procurement of 5000 Tablets with one year warranty for use of the Bank s staff / authorised representatives. 2. Definitions: Definitions Throughout this RFP, unless inconsistent with the subject matter or context: 2.1Bidder/ Service Provider/ System Integrator An eligible entity/ firm submitting a Proposal/ Bid in response to this RFP. 2.2Supplier/ Contractor/ Vendor Selected Bidder/ System Integrator under this RFP. 2.3Bank/ Purchaser/ SBI - Reference to the the Bank, Bank and Purchaser shall be determined in context and may mean without limitation State Bank of India, its associate Banks and subsidiaries as mentioned above. 2.4 Proposal/ Bid the Bidder s written reply or submission in response to this RFP. 2.5RFP the request for proposal (this document) in its entirety, inclusive of any addenda that may be issued by the Bank. 2.6 Proposed product/solution/ Services/ Work/ System/Product It means Price Discovery and freezing of price for 12 months from the date of reverse auction or procurement of 5000 Tablets with one year warranty for use of Bank s staff /authorised representatives to be delivered at offices of the bank located at centres given in Annexure B, which means services to be provided as per the requirements specified in this document and any other incidental services and other obligations of the service provider covered under this arrangement. It also includes all software, hardware, services as described in the RFP and include services ancillary to it, such as installation, commissioning, integration with existing systems, provision of technical assistance, training, auditing and other obligation of the Supplier covered under the RFP. Page 4 of 65

5 3. Purpose State Bank of India is requesting proposal for procurement of product/services on behalf of State Bank of India & its five associated Banks viz. State Bank of Bikaner & Jaipur, State Bank of Hyderabad, State Bank of Mysore, State Bank of Patiala and State Bank of Travancore and non Banking Subsidiaries (SBI Capital Markets, SBICAP Securities, SBI DFHI, SBI Life, SBI cards, SBI Mutual Funds etc) hereinafter, collectively referred State Bank of India (SBI). The purpose of SBI behind this RFP is to seek a detailed technical and commercial proposal for procurement of proposed product. The proposed product must integrate with Bank s existing infrastructure seamlessly. 4. Invitation This document is meant for the exclusive purpose of bidding against the specification mentioned and shall not be transferred, reproduced or otherwise used for purpose other than for which it is specifically issued. Interested parties/bidders are advised to go through the entire document before submission of bids to avoid any chances of elimination. The bidders desirous of taking up the project for supply of proposed product for SBI are invited to submit their technical and commercial proposal in response to this RFP. The criteria and the actual process of evaluation of the responses to this RFP and subsequent selection of the successful bidder will be entirely at Bank s discretion. This RFP seeks proposal from Bidders who have the necessary experience, capability & expertise to provide SBI the proposed product adhering to Bank s requirement outlined in this RFP. This RFP is not an offer by State Bank of India, but an invitation to receive responses from the Bidders. No contractual obligation whatsoever shall arise from the RFP process unless and until a formal contract is signed and executed by duly authorized official(s) of State Bank of India with a selected Bidder. 5. Bidder s Eligibility Criteria Bid is open to all Bidders who fulfil the eligibility criteria. The bidder has to submit the details of eligibility criteria as per Annexure B. 6. Technical Eligibility Criteria: Please refer Annexure C. 7. Disclaimer Subject to any law to the contrary, and to the maximum extent permitted by law, SBI and its Directors, officers, employees, contractors, agents, and advisors disclaim all liability from any loss or damage suffered by any person acting 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 omission, default, lack of care or misrepresentation on the part of SBI or any of its officers, employees, contractors, agents or advisors. 8. Earnest Money Deposit (EMD) 8.1 Bidder to submit the EMD of specified amount as Bid Security in the form of a Bank Guarantee of Rs. 10,00,000/-(Rs. Ten Lakh only) valid for 12 months (as per the format given in Annexure I) of this RFP issued by any Scheduled Commercial Bank other than SBI. The bidders who exclusively deal with SBI may submit Letter of Comfort from the branches concerned in lieu of Bank Guarantee. The bidder need to note that EMD may be forfeited in the event of withdrawal of bid during the period of bid validity or if successful bidder fails to sign the contract in accordance with the terms & conditions and other requirements specified in RFP or any act of bidder not in line with contract obligations. Page 5 of 65

6 8.2 EMD should be kept in the envelope containing technical Bid. Any bid not accompanied with the requisite EMD shall be treated as non-responsive and is liable to be rejected. 8.3 The EMD of the unsuccessful bidders will be returned as early as possible. Successful Bidder s EMD will be returned upon the bidder signing the contract and submitting the required Performance Bank Guarantee. 8.4 No interest is payable on the amount of EMD. 8.5 If EMD is forfeited for any reason, the concerned bidder may be debarred from further participation in future RFPs floated by the Bank/ procuring department as per sole discretion of the Bank. 9. Performance Bank Guarantee (PBG) 9.1 The finally selected bidder would be required to submit a Performance Bank Guarantee for an amount equivalent to 10% of contract value within 15 days of issuance of Letter of Intent by the bank. The contract value would be calculated as price of one tablet * The bank guarantee should be valid for a period of 15 months and such other extended period as the Bank may decide for due performance of the project obligations. 9.2 The Performance Bank Guarantee is required to protect the interest of the Bank against delay in supply/installation and or the risk of un-successful implementation of the project, or performance of the material or services sold, which may warrant the invoking of Bank Guarantee (BG), also if any act of the supplier results in imposition of Liquidated Damages then the Bank reserves the right to invoke the submitted Performance Bank Guarantee. 10. Bidding Document 10.1 Cost of Bidding: The Bidder shall bear all costs associated with the preparation and submission of its bid including cost of presentation(s), etc. Bank will not be responsible or liable for any costs, regardless of the conduct or outcome of the bidding process Content of Bidding Document The bidder must thoroughly study/analyse and properly understand the contents of this RFP document, its meaning and impact of that information The Bidder is expected to examine all instructions, statements, terms and specifications in the bidding document. Failure to furnish all information required by the bidding documents or submission of bid not responsive to the bidding documents in every respect will be at the Bidder s risk and may result in rejection of its bid. SBI has made considerable effort to ensure that accurate information is contained in this RFP and is supplied solely as guidelines for Bidders. At any time prior to the deadline for submission of bids, SBI may modify the bidding document by amendment/bank may make changes related to any of the part of RFP including the contents relevant to the Scope of Work to the extent, detail, and accuracy allowed by prevailing circumstances which will be made available to the bidders by way of corrigendum/ addenda. The terms of RFP and its amendment, if any will be binding on all bidders. SBI, at its discretion may extend the deadline for submission of bids in order to allow prospective bidders a reasonable time to take the amendment into account. Nothing in this RFP or any addenda is intended to relieve Bidders from forming their own opinions and conclusions in respect of the matters addresses in this RFP or any addenda Clarifications & Amendments Page 6 of 65

7 If deemed necessary the Bank may seek clarifications on any aspect from the bidder. However that would not entitle the bidder to change or cause any change in the substances of the bid already submitted or the price quoted. The bidder may also be asked to give presentation for the purpose of clarification of the bid. 11. Bidding Process 11.1 The bids shall be submitted in two separate sealed envelopes, one containing Technical Bid and other Indicative Commercial Bid, both to be submitted together in one envelope. All details with the relevant information / documents / acceptance of all terms and conditions strictly as described in this RFP will have to be submitted. In the first stage, only technical bid will be opened and evaluated. Bidders satisfying eligibility criteria and agree to comply with all terms and conditions specified in this document will be evaluated for technical specifications. Those bids that have complied to Technical bids shall be qualified for commercial bid opening and further RFP process The Bidder should be willing to participate in the online reverse auction to be conducted by Bank s authorized service provider on behalf of the Bank. Eligible Bidders will be trained by Bank s authorized service provider for this purpose. Bidders should also be willing to abide by the e-business rules for reverse auction framed by the Bank / Authorised service provider. The details of e-business rules, processes and procedures will be provided to the short-listed bidders. 12. Preparation and Submission of Bids 12.1 The bids prepared by the bidder and all correspondence and documents relating to bids exchanged by the bidder and purchaser must be written in English Vendor must provide specific and factual replies to specific questions asked in the RFP Technical bid should comprise of one hard copy and one soft copy (Word format). Hard copy of technical bid should be a complete document and placed in a sealed envelope super-scribed as Technical Bid for Price Discovery and freezing of price for one year for procurement of 5000 Tablets by SBG. The soft copy of the technical bid should be submitted on a CD sealed in an envelope marked as SOFT COPY OF TECHNICAL BID. Voluminous documents should be submitted only on CDs. These two sealed envelopes should be placed in a single sealed envelope super scribed as Technical Bid for Price Discovery and freezing of price for one year for procurement of 5000 Tablets by SBI The technical bid should consist of the following: i. Bid covering letter (Annexure-A) on bidder s letter head. ii. Earnest Money Deposit as specified in this document iii. A letter on bidder s letterhead mentioning/enclosing - a) Details of EMD submitted, technical competence and experience of the bidder b) Certifying that the period of the validity of the bid is one year from the target date of submission of bid c) Confirming that the bidder has quoted for all the items/services mentioned in the bid in their commercial bid. d) Supporting documents in respect of Eligibility Criteria as mentioned in Annexure B. Page 7 of 65

8 iv. Bidders information as per Annexure D on bidder s letter head. v. Audited balance sheets and profit and loss account statement for last three years vi. A copy of board resolution or power of attorney showing that the signatory has been duly authorized to sign the tender document. vii. Bidder should provide detail explanation of functioning of Hardware/firmware. viii.bidder is responsible for meeting all licensing requirements as part of service requested and should provide licensing details of Software ix. Response to all points of the Technical evaluation format as per Annexure- C 12.5 Bidder should submit indicative commercial bid as per Annexure F of the bid document. Indicative Commercial bid should comprise of hard copy and placed in a sealed envelope super-scribed as INDICATIVE COMMERCIAL BID for Price Discovery and freezing of price for one year for procurement of 5000 Tablets for use by SBI The bids should be submitted in 2 separate envelopes one for Technical Bid (super scribed as Technical bid for Price Discovery and freezing of price for one year for procurement of 5000 Tablets for use by SBI.and other for Commercial Bid (super scribed as Indicative Commercial bid for Price Discovery and freezing of price for one year for procurement of 5000 Tablets for use by SBI Bid Prices The prices should be specified only in Indicative Commercial Bid (strictly on the lines of Annexure-F) Revealing of Prices The rates and/ or prices in any form or for any reasons should not be disclosed in the technical or other parts of the bid except in the commercial bid, failure to do so make the bid liable to be rejected. Before opening of commercial bid, if price revision is envisaged by the Bank, revised commercial bid may be required to be submitted in a separate sealed envelope Pre-Bid Meeting: Pre bid meeting will be held on at PM Validity of Bids Bid should remain valid for one year from date of e-reverse Auction. A bid valid for shorter period is liable to be rejected. The bidder may be required to give consent for the extension of the period of validity of the bid beyond initial one year, if so desired by the Bank in writing or by fax. Refusal to grant such consent would result in rejection of bid without forfeiture of the EMD. However, any extension of validity of bids will not entitle the bidder to revise/ modify the bid document Bid Integrity Wilful misrepresentation of any fact within the Bid will lead to the cancellation of the contract without prejudice to other actions that Bank may take. All the submission, including any accompanying documents, will become property of SBI. The bidders shall be deemed to license, and grant all rights to SBI, to reproduce the whole or any portion of their product for the purpose of evaluation, to disclose the contents of submission to Page 8 of 65

9 other bidders and to disclose and/ or use the contents of submission as the basis for RFP process Format and Signing of Bid The bidder should prepare submission as per minimum eligibility criteria, Technical Bid, Indicative Commercial Bid and other requested information All pages of the Bid document should be serially numbered and shall be signed by the authorized person(s) only. The person(s) signing the bid shall sign all pages of the bid and rubber stamp should be affixed on each page except for an un-amended printed literature. The bidder should submit a copy of board resolution or power of attorney showing that the signatory has been duly authorized to sign the tender document Any interlineations, erasures or overwriting shall be valid only if the person(s) signing the bid sign(s) them Bid should be typed and submitted on A4 size paper [font Times New Roman 14], spirally bound securely and in serial order. Bidders responding to this RFP shall submit covering letter included with the bid and compliance certification statement required for submission of a proposal Last date of receipt of bids The bid should be addressed to the Deputy General Manager (TOCO) at the following address up to the time and date mentioned at bid details: Address Dy. General Manager (TOCO), Tech. Operations-Channels & Others Department, State Bank Global IT Centre, B Wing, 1 st Floor, CBD Belapur, Navi Mumbai In the event of the target date for the receipt of bids being declared as holiday for the Bank, the bids will be received till the target time on the next working day. The bank may at its discretion extend the bid submission date. The modified target date & time will be notified on the website of the Bank Bid Currency Prices shall be expressed in Indian Rupees only Late Submission of bids Any bid received by the Bank after scheduled date and time prescribed at Bid details will be rejected and/ or returned un-opened to the bidder at his risk and responsibility. However, the Bank reserves the right to accept /reject the bid so received at its discretion. Page 9 of 65

10 12.15 Modification and Withdrawal of Bids No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of period of bid validity. 13. Opening and Evaluation of Bids 13.1 Opening of Technical Bid All the Bids will be opened at the date, time & locations mentioned in the Bid Details. The technical bids will be opened in the presence of representatives of the bidders who choose to attend. However, bids may be opened even in the absence of representatives of any of the bidders Evaluation Process Preliminary examination The bids will be examined by the Bank to determine whether they are complete and whether required bid security has been furnished. A bid determined as not substantially responsive will be rejected. The Bank may, at its discretion waive any minor nonconformity or irregularity in a bid which does not constitute a material deviation. After opening of the technical bids and preliminary examinations, some or all of the bidders may be asked to make presentation on the hardware/firmware proposed to be offered by them. Any effort on the part of bidder to influence bid evaluation process or award of contract may result in the rejection of the bid. Technically qualified bidders should submit demo piece of tablet they propose to offer for testing the successful running of SBI applications Technical Evaluation Evaluation will include, scrutiny of minimum eligibility criteria (as mentioned in Annexure B) and technical information submitted as per technical bid format (Annexure C), demonstration of proposed product/services, reference calls and site visits. The bidder may highlight the noteworthy / superior features of their product. The bidder will demonstrate/substantiate all claims made in the technical bid to the satisfaction of the Bank, the capability of the product to support all the required functionalities at their cost in their lab/ office/ in any other organization where similar product is in use The evaluation will also take into account: The product supplied/services offered by the bidder to any noticeable bank in India. The bidder should furnish the details. Does the proposed product/solution handles the projected volumes and offers a proven solution to meet the requirement. Is the product/solution offered by the Bidder a complete system or does it have integrations with third party solutions. Upgrade(s) assurance by the Vendor as per requirement of the Bank for the duration of the project. Capability of the proposed product to meet future requirements not outlined in the RFP. Page 10 of 65

11 Support on open platforms and product based on latest technology (both hardware/firmware). Bidder support facilities: Support requirement like online support/ support/ offline support, time period like 24 * 7* 365 days. Bidder will support the Bank in peak days of business (month-end and start of the month) Commercial Evaluation The bidder will bid for and supply only the product that has been approved by the Bank. (The approved product will be intimated to the bidder individually through .) The envelope containing the Commercial offers of only those Bidders, who are short-listed after technical evaluation, would be opened. The online reverse auction will be conducted by the Bank or a company who have been authorized in this regard by the Bank. Reverse auction guidelines will be communicated to all short-listed bidders. The commercial offer should consist of comprehensive cost for required product. Bidder must provide detailed cost breakdown, for each and every category mentioned in the commercial bid (strictly on the lines of Annexure F). 14. Award & Signing of contract 14.1 Bank will notify successful bidder (L1) in writing by letter in duplicate or fax that its bid has been accepted. The Selected bidder has to return the duplicate copy of the same to the Bank within 7 working days, duly Accepted, Stamped and Signed by Authorized Signatory in token of acceptance The successful bidder shall be required to enter into a contract/ SLA with the Bank, within 30 days of after award of the tender or within such extended period as may be decided by the Bank along with the letter of acceptance, NDA (where applicable), BG and other terms and conditions as may be determined by the Bank to be necessary for the due performance of the work in accordance with the Bid and acceptance thereof Copy of board resolution or power of attorney showing that the signatory has been duly authorized to sign the acceptance letter, contract and NDA should be submitted The contract/ agreement will be based on bidder s offer document with all its enclosures, modifications arising out of negotiation /clarifications etc and will include SLA, project plan phases & milestones and schedule, copies of all necessary documents, licenses, certifications etc 14.5 The Bank reserves the right to stipulate, at the time of finalization of the contract, any other document(s) to be enclosed as a part of the final contract. 15. Subcontracting:N.A. Page 11 of 65

12 16. Patent Rights 16.1 For any licensed software/firmware, if any used by the finally selected L1 Vendor for performing services or developing software for the Bank, the Vendor should have right as well right to license for the outsourced services or third party software development. Any license or IPR violation on the part of Vendor/ Subcontractor should not put the Bank at risk. The bank reserves the right to audit the license usage of the Vendor The Vendor shall, at their own expenses, defend and indemnify the Bank against all third party claims or infringement of intellectual Property Right, including Patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India or abroad. In case of violation/ infringement of patent/ trademark/ copyright/ trade secrete or industrial design, the supplier shall after due inspection and testing get the solution redesigned for SBI at no extra cost The supplier shall expeditiously extinguish any such claims and shall have full rights to defend itself there from. If the Bank is required to pay compensation to a third party resulting from such infringement, the supplier shall be fully responsible therefore, including all expenses and court and legal fees The Bank will give notice to the supplier of any such claim without delay, provide reasonable assistance to the Supplier in disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim The supplier shall grant the Bank a fully paid-up, irrevocable, non-exclusive license throughout the territory of India or abroad to access, replicate and use software provided by the supplier, including all inventions, designs and marks embodied therein perpetually. 17. Powers to Vary or Omit Work 17.1 No alterations, amendments, omissions, additions, suspensions or variations of the work (hereinafter referred to as variation) under the contract shall be made by the successful bidder except as directed in writing by Bank. The Bank shall have full powers, subject to the provision herein after contained, from time to time during the execution of the contract, by notice in writing to instruct the successful bidder to make any variation without prejudice to the contract. The finally selected bidders shall carry out such variation and be bound by the same conditions as far as applicable as though the said variations occurred in the contract documents. If any suggested variations would, in the opinion of the finally selected bidders, if carried out, prevent him from fulfilling any of his obligations under the contract, he shall notify Bank thereof in writing with reasons for holding such opinion and Bank shall instruct the successful bidder to make such other modified variation without prejudice to the contract. The finally selected bidders shall carry out such variation and be bound by the same conditions as far as applicable as though the said variations occurred in the contract documents. If Bank confirms his instructions, the successful bidder s obligations shall be modified to such an extent as may be mutually agreed, if such variation is substantial and involves considerable extra cost. Any agreed difference in cost occasioned by such variation shall be added to or deducted from the contract price as the case may be In any case in which the successful bidder has received instructions from Bank as to the requirement of carrying out the altered or additional substituted work which either then or later on, will in the opinion of the finally selected bidders, involve a claim for additional payments, such additional payments shall be mutually agreed in line with the terms and conditions of the order. Page 12 of 65

13 17.3 If any change in the work is likely to result in reduction in cost, the parties shall agree in writing so as to the extent of change in contract price, before the finally selected bidder(s) proceeds with the change. In all the above cases, in the event of a disagreement as to the reasonableness of the said sum, the decision of Bank shall prevail. 18. No Waiver of Bank Rights or Successful Bidder s Liability Neither any payment sign-off by Bank, nor any payment by Bank for acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by Bank shall affect or prejudice the rights of Bank against the finally selected bidders, or relieve the finally selected bidders of his obligations for the due performance of the contract, or be interpreted as approval of the work done, or create liability in Bank to pay for alterations/ amendments/ variations, or discharge the liability of the successful bidder for the payment of damages whether due, ascertained, or certified or not or any sum against the payment of which he is bound to indemnify Bank nor shall any such certificate nor the acceptance by him of any such paid on account or otherwise affect or prejudice the rights of the successful bidder against Bank. 19. Inspection and Audit 19.1 The Bank may, at its discretion, get the products, software s/ hardware s and services of the finally selected bidder inspected/ audited by its internal/ external inspectors/ auditors. The finally selected bidder and or his / their outsourced agents / sub Contractors, if any shall facilitate the same The selected bidder shall, whenever required, furnish all relevant information, records, and data related to the subject matter (product/services) to such auditors and or inspecting officials of the Bank/ Reserve Bank of India and or any regulatory authority. The Bank reserves the right to call for any relevant material information / report. 20. Cancellation of Contract The Bank shall have the right to cancel the contract with the selected bidder at any time during the contract period, by giving a written notice of 3 (three) months, for any valid reason, including but not limited to the following reasons: i) Laxity in following security standards laid down by the Bank ii) Excessive delay in execution of orders placed by the Bank iii) Discrepancies / deviations in the agreed processes and/or products iv) Violation of terms & conditions stipulated in this RFP 21. Delays in the Vendor s performance in successful implementation of the project Delivery of the product and performance of the services shall be made by the Vendor in accordance with the time schedule, technical specification, scope of the project and other terms & conditions as specified in the RFP/ P.O./ SLA/ Contract. Any delay in performing the obligation/ defect in performance by the supplier may result in imposition of penalty in addition to the liquidated damages, invocation of Performance Bank Guarantee and/or termination of contract (as laid down elsewhere in this document) 22. Liquidated Damages Page 13 of 65

14 If vendor fails to deliver product to the satisfaction of the Bank(as detailed elsewhere in this document/perform services within stipulated time schedule, the Bank shall, without prejudice to its other remedies under the contract, deduct from the contract price, as liquidated damages, a sum equivalent to 1% of the order cost of that purchase order for delay of each week or part thereof maximum up to 10% of the purchase order value of that purchase order and also forfeit the Performance Bank Guarantee. Once the maximum is reached, SBI may consider termination of Contract pursuant to the conditions of contract. 23. Termination for Default 23.1 SBI may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Vendor, terminate the contract in whole or part: if the Vendor fails to deliver any or all of the systems within the period(s) specified in the Contract, or within any extension thereof granted by the Bank pursuant to conditions of contract or if the Vendor fails to perform any other obligation(s) under the Contract In the event SBI terminates the Contract in whole or in part, SBI may procure, upon such terms and in such manner, as it deems appropriate, systems or services similar to those undelivered and the Vendor shall be liable to Bank for any excess costs for such similar systems or services. However, the vendor shall continue the performance of the contract to the extent not terminated If the contract is terminated under any termination clause mentioned in this RFP, the vendor should handover all documents/ source code/ executables/ Bank s data or any other relevant information to the Bank in timely manner and in proper format as per scope of this RFP and should also support the orderly transition another vendor or to the Bank The vendor should also support the Bank on technical queries/support on process implementation or in case of software provision for future upgrades The Bank s right to terminate a contract will be in addition to the penalties mentioned in the RFP/ SLA/ Contract. 24. Force Majeure 24.1 Any failure or delay by bidder or Bank in performance of its obligation, to the extent due to any failure or delay caused by fire, flood, earthquake or similar elements of nature, or acts of God, war, terrorism, riots, civil disorders, rebellions or revolutions, acts of government authorities or other events beyond the reasonable control of nonperforming Party, is not a default or a ground for termination If Force Majeure situation arises the Vendor shall promptly notify Bank in writing of such conditions and the cause thereof. Unless otherwise agreed by SBI in writing, the Vendor shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. If the Force Majeure continues beyond 90 days, the Bank shall have right to terminate the contact and engage another vendor. 25. Termination for Insolvency SBI may at any time terminate the Contract by giving written notice to the Vendor, if the vendor becomes bankrupt or otherwise insolvent. In this event termination will be without compensation to the Vendor, provided that such termination will not prejudice or affect any right of action or remedy, which has occurred or will accrue thereafter to SBI. Page 14 of 65

15 26. Disputes/Arbitration (Applicable in case of successful bidder only) 26.1 All disputes or differences whatsoever arising between the parties out of or in connection with this contract or in discharge of any obligation arising out of the Contract (whether during the progress of work or after completion of such work and whether before or after the termination of this contract, abandonment or breach of this contract), shall be settled amicably. If however, the parties are not able to solve them amicably, either party (SBI or Vendor), give written notice to other party clearly setting out there in specific dispute(s) and/or difference(s) and shall be referred to a sole arbitrator mutually agreed upon, and the award made in pursuance thereof shall be binding on the parties. In the absence of consensus about the single arbitrator, the dispute may be referred to joint arbitrator; one to be nominated by each party and the said arbitrators shall nominate a presiding arbitrator, before commencing the arbitration proceedings. The arbitration shall be settled in accordance with the applicable Indian Laws. Any appeal will be subject to the exclusive jurisdiction of courts at Mumbai/Navi Mumbai. The Arbitrators shall state reasons in support of the Award which shall be final & binding subject to the provisions of the aforesaid Act. Language of the arbitration proceedings and that of all documents and communications between the parties shall be in English The Vendor shall continue work under the Contract during the arbitration proceedings unless otherwise directed by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the arbitrator is obtained. 27. Governing language The contract and all correspondence/ communications and other documents pertaining to the Contract, shall be written in English. 28. Governing Law The contract shall be interpreted in accordance with the Indian Laws. 29. Notices Any notice given by one party to the other pursuant to this contract shall be sent to other party in writing or by Fax and confirmed in writing to other Party s address. For the purpose of all notices, the following shall be the current address: For Bank: Dy. General Manager (TOCO), Tech. Operations-Channels & Others Department, State Bank Global IT Centre, B Wing, 1 st Floor, CBD Belapur, Navi Mumbai <Telephone>(022) < > dgm.opsch@sbi.co.in, toco.cc@sbi.co.in For Vendor (To be filled up) <Address> <Fax> Page 15 of 65

16 <Telephone> < > The notice shall be effective when delivered or on the notice s effective date whichever is later. 30. Taxes and Duties The Vendor shall be entirely responsible for payment of all taxes, duties, license fees, road permits, other taxes, etc, incurred until delivery of the contracted systems to SBI (Which will be reimbursed later by the bank). 31. Bidder s Obligation 31.1 The vendor is obliged to work closely with SBI s staff, act within its own authority and abide by directives issued by SBI from time to time The Vendor is responsible for managing the activities of its personnel and will hold itself responsible for any misdemeanours on the part of its personnel The Vendor will treat as confidential all data and information about SBI, obtained in the process of executing its responsibilities, in strict confidence and will not reveal such information to any other party without prior written approval of SBI as explained under Non Disclosure Agreement in Annexure E of this document (where applicable). 32. System Integration Testing & User Acceptance Testing 32.1 The Vendor will coordinate with the bank to assist technically at respective locations in case of need for the functioning of applications proposed in this RFP. 33. Training: N.A. 34. Technical Documentation 34.1 Following documents should be delivered by the Vendor to the Bank for every firmware/software including third party software before software/ service become operational, which includes, user manuals, installation manuals, operation manuals, design documents, process documents, technical manuals, functional specification, software requirement specification, on-line tutorials/ CBTs, system configuration documents, system/database administrative documents, debugging/diagnostics documents, test procedures etc. 35. Source Code: N.A. 36. Services 36.1 All professional services necessary to successfully implement the proposed product/solution/services will be part of the RFP. These services include, but are not limited to, Project Management, Deployment methodologies etc 36.2 The bidder should submit as part of technical Bid an overview of Project Management approach of the proposed product. Page 16 of 65

17 36.3 Bidder should ensure that vendor s key personnel with relevant skill-set are available to the Bank Bidder should ensure the quality of methodologies for delivering the services and its adherence to quality standard Bidder should provide and implement patches/ upgrades/ updates for product (Hardware/ Software/ Firmware/ OS/ Middleware etc) as and when release by the Vendor/ OEM or as per requirements of the Bank during the warranty period. Bidder should bring to notice of the Bank all release/ version change Vendor should provide AMC support after the period of warranty for a period of further two years at mutually agreed prices 36.7 All products updates, upgrades & patches should be provided by the Bidder/ Vendor free of cost during warranty / ATS period Bidder should provide legally valid firmware/software solution The Bidder should keep the Bank explicitly informed the end of support dates on related products/hardware and should ensure a support during warranty /ATS period. 37. Purchase Price The total cost of product/solution (hardware equipment/ components/ software) with warranty for one year with 24x7 Comprehensive support. Total Cost of Ownership (TCO) for one year to be quoted during the commercial bidding (to be conducted through the e- procurement reverse auction route) must include all the price components as mentioned in Annexure-F Bidders should ensure that exchange rate fluctuations, changes in import duty/other taxes should not affect the rupee value of commercial bid over the validity period defined in this RFP Initially the order will be placed for total Cost of hardware, software/firmware/services/warranty. After expiry of the warranty period, a separate order will be issued for Annual Maintenance Cost (AMC), if opted. In that case, the AMC cost will be paid quarterly in arrears TDS, as applicable will be deducted at the time of payment of invoices The purchase order will be placed by the LHOs of the bank, name of LHOs given in Annexure L. 38. Delivery/ Installation Schedule: Delivery, installation & operationalisation within 4 weeks from the date of purchase order issued by LHO The delivery will be deemed complete when the products/ components/ software are received in good working condition at the designated locations, mentioned in the list of centres given in Annexure B The initial installation and configuration should be done by OEM only. Later, the day to day support after operationalization would be done by the S.I. team The installation will be deemed to be complete, when the product including all the hardware, accessories, hardware components, firmware/system software, and other software products have been supplied, installed and operationalised as per the technical specifications and all the features as per the technical specifications are demonstrated and implemented as required, on the systems, to the satisfaction of the Bank. The Bidder has to resolve any problem in hardware, system software, etc. during installation and operationalisation. In addition, vendor will supply all associated documentation relating to Page 17 of 65

18 the hardware, system software, etc. The equipments are considered accepted (commissioned and operationalised) after signing the Acceptance Test Plan (ATP) document jointly by the representative of the Bank and the engineer from the vendor. The component level checking for individual item may be included during the acceptance test. The Acceptance Test Plan document shall be deemed to form a part of the Agreement, to be signed between the vendor and the SBI. On the evaluation of the Acceptance Test results, if required in view of the performance of the product/services (including hardware equipment/ components/ software), as observed during the Acceptance Test, the Bidder shall take remedial measures including upgradation of the of any component there under, including replacement thereof, at no additional cost to the Bank within one month from the date when informed, to ensure that the product/services meets the requirements of the Bank as envisaged in the RFP In case of delay in delivery or non performance of the tablets supplied by the L1 vendor, the Bank reserves the right to procure the remaining tablets from the next lowest bidder, if he agrees to match L1 price discovered in the reverse auction, in addition to invoking any other penalty mentioned in the RFP Initially, the LHOs will place Purchase Order for 3000 tablets and for the remaining 2000 tablets, LHOs will place purchase order on or before In case performance of the tablets supplied in any tranche is not satisfactory, the Bank reserves the right to not to procure the remaining tablets from bidder The Bank reserves the right to seek functional testing of its applications on the tablets, and to verify the technical specifications of the tablets, before placing any order. 39. Warranty: The selected Bidder shall give warranty for a minimum period of one year from the date of delivery and acceptance of the systems by State Bank of India During the warranty period, the Bidder will have to undertake comprehensive maintenance of the entire product (hardware/components/ software) supplied by the Bidder at no cost to the Bank. Further, during the warranty, Bidder should provide, at no cost to the Bank, new versions, releases, upgrades, updates, etc. of all application software supplied by the Bidder. The Bidder will have to confirm the terms and conditions of warranty. During the warranty period, the Bidder should maintain the product (hardware/ software, etc.) to comply with parameters defined for acceptance criteria and the Bidder shall be responsible for all costs relating to labour, spares, maintenance (preventive and corrective), compliance of security requirement and transport charges from and to the Site (s) in connection with the repair/ replacement of the product (hardware/ equipment/ components/ software or any component/ part there under), which, under normal and proper use and maintenance thereof, proves defective in design, material or workmanship or fails to conform to the specifications, as specified Onsite comprehensive warranty for the solution would include free replacement of spares, parts, kits, resolution of problem, if any, in solution and when needed will be for 12 months from the date of activation/ operationalisation of tablets or for 15 months from the date of delivery, whichever is earlier Warranty would be comprehensive in nature and must have back to back support from the OEM. Undertaking on the lines of Annexure-J of this RFP document is required to be submitted by the vendor, duly endorsed by the OEM that in case vendor fails to provide services then OEM shall provide the same at no extra cost, to the satisfaction of the Bank. The vendor will warrant product against defect arising out of faulty design, materials, etc. for the specified period. The vendor will provide support for operating systems and other pre-installed software components/system software during the specified period of the hardware on which these software and operating system will be installed. The vendor shall repair or replace worn out or defective parts including all plastic parts of the equipment at his own cost including the cost of transport. Page 18 of 65

19 39.6 In the event of system break down or failures at any stage, protection should be available, which would include the following : Diagnostics for identification of systems failures Protection of data/ Configuration Recovery/ restart facility Backup of system software/ Configuration 40. Support Requirements: 24*7*365 days online or telephonic support facility. Bidder should ensure the following: Bidder support staff should be well trained to effectively handle queries raised by the Bank customers/employees. Escalation matrix should be made available to the Bank at least once in each quarter and each time the matrix changes. 41. Penalty/SLA conditions: 41.1 In the case of any break down / malfunctioning of hardware, hardware components, accessories, system software, etc., the relevant defect should be attended to within 24 hours of the receipt/ notice of the complaint & resolved within 48 hours i.e. the total resolution time inclusive of response time will be 48 hours. Failing to do so, penalty will be levied in case of every event of breakdown/ defect/ malfunctioning of hardware, hardware components, accessories, system software, due to patch downloads/ uploads, software upgrades or for any reason, beyond the range of 48 hours as follows:- Sl No. Period of delay # Penalty Amount* 1 >48 hours up to 96 hours Rs. 100/- per 24 hours or part thereof 2 >96 hours up to 144 hours Rs. 200/- per 24 hours or part thereof 3 >144 hours Rs. 400/- per 24 hours or part thereof 42.3 Performance Criteria/ SLA: by signing this RFP, the bidder agrees that if the product/solution provided by the bidder does not meet the performance SLA prescribed by the Bank the bidder would be liable for non performance SLAs. 42. Right to Verification: The Bank reserves the right to verify any or all statements made by the Bidder in the tender document and to inspect the Bidder s facility, if necessary, to establish to its satisfaction about the Bidder s capacity to perform the job. 43. Terms o Terms of Payment : 100% of the total cost after delivery successful activation, testing, operationalisation and acceptance of the tablets (HW+SW) or after 90 days of delivery of the tablets if the activation is delayed by the Bank. Payment will be made by the office which places the purchase order. 44. Validity of agreement: The agreement/ SLA will be for a period of one year inclusive of the warranty period. SBI reserves the right to terminate the agreement as mentioned elsewhere in this document. Until the agreement/ SLA is executed, the terms and Page 19 of 65