request for proposal for supply, installation ... · central/state govt. depts./public sector banks...
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Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 1
Request for Proposal for
Supply, Installation & Maintenance of Backup Solution
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 2
Table of Contents 1. Invitation for Bids .............................................................................................................................. 5
2. Brief Scope of Work ......................................................................................................................... 7
3. Minimum Qualification Criteria........................................................................................................ 7
4. Instruction to Bidders ....................................................................................................................... 8
4.1 Amendment to RFP Contents ................................................................................................. 8
4.2 Two Bid System Offer: ............................................................................................................. 9
4.3 Bid Security/EMD: .................................................................................................................... 9
4.4 Submission of Bid Document ................................................................................................ 10
4.5 Schedule of Items under Procurement ................................................................................ 10
4.6 Terms and Conditions: ........................................................................................................... 10
4.7 Non-transferable offer: ........................................................................................................... 11
4.8 Pre bid Meeting:...................................................................................................................... 11
4.9 Reply to Query: ....................................................................................................................... 11
4.10 Offer validity Period: ............................................................................................................... 11
4.11 Address of Communication: .................................................................................................. 11
4.12 Modification and Withdrawal of Offers: ................................................................................ 11
4.13 Preliminary Scrutiny ............................................................................................................... 11
4.14 Clarification of Offers ............................................................................................................. 12
4.15 No Commitment to Accept Lowest or Any Offer ................................................................ 12
4.16 Documentation ........................................................................................................................ 12
4.17 Submission of Technical Details .......................................................................................... 12
4.18 Make, Models & Part numbers of the equipment ............................................................... 12
4.19 Format for Technical Offer .................................................................................................... 12
4.20 Format for Commercial Offer ................................................................................................ 13
4.21 Erasures or Alterations .......................................................................................................... 13
4.22 Locations of Installation ......................................................................................................... 13
4.23 Costs & Currency ................................................................................................................... 14
4.24 Determination of L1 Bidder ................................................................................................... 15
4.25 No Negotiation ........................................................................................................................ 16
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 3
4.26 Short-listing of Bidders ........................................................................................................... 17
4.27 Right to Alter Quantities ......................................................................................................... 18
4.28 Evaluation Criteria .................................................................................................................. 19
5. Term & Conditions of Contract ..................................................................................................... 19
5.1 Technical Inspection and Performance Evaluation ............................................................ 19
5.2 Payment Terms ...................................................................................................................... 19
5.3 Pre-dispatch Inspection ......................................................................................................... 19
5.4 Delivery, Installation and Commissioning ........................................................................... 20
5.5 Order Cancellation ................................................................................................................. 20
5.6 Inter-working of Equipment/Hardware, Software & Services ........................................... 21
5.7 Acceptance Tests ................................................................................................................... 22
5.8 Drivers & Manuals .................................................................................................................. 22
5.9 Warranty .................................................................................................................................. 22
5.10 Penalties .................................................................................................................................. 23
5.10.1 Penalty for Downtime ..................................................................................................... 23
5.10.2 Penalty for delay in delivery & installation ................................................................... 24
5.11 Annual Maintenance Contract .............................................................................................. 25
5.12 Guarantees on System Up-Time .......................................................................................... 25
5.13 Preventive Maintenance ........................................................................................................ 25
5.14 Spare parts .............................................................................................................................. 25
5.15 Training .................................................................................................................................... 26
5.16 Technical Documentation ...................................................................................................... 26
5.17 Right to use Defective Goods ............................................................................................... 26
5.18 Indemnity ................................................................................................................................. 26
5.19 Publicity ................................................................................................................................... 28
5.20 Limitation of Liability: .............................................................................................................. 28
5.21 Interconnectivity with Bank’s existing equipment ............................................................... 28
5.22 Cooperation for WAN connectivity ....................................................................................... 29
5.23 Guarantees .............................................................................................................................. 29
5.24 Performance Security: ........................................................................................................... 29
5.25 Force Majeure ......................................................................................................................... 29
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 4
5.26 Intellectual Property Rights ................................................................................................... 30
5.27 Resolution of Disputes & Arbitration .................................................................................... 31
5.28 Liquidated Damage ................................................................................................................ 31
6. Requirement of Items (Technical Specification) & Scope of Work .......................................... 32
6.1 Backup Solution (Tape Library Backup Solution) .............................................................. 32
6.1.1 Technical Specification .................................................................................................. 32
6.1.2 TCO (Total Cost of Ownership) .................................................................................... 35
6.1.3 Scope of Work ................................................................................................................ 36
7 Annexures ....................................................................................................................................... 36
a) Bidders information .................................................................................................................... 36
b) Technical Compliance Matrix .................................................................................................... 39
c) Deviation Statement ................................................................................................................... 40
d) Annexure - Commercial Bid ...................................................................................................... 41
e) Annexure - Checklist for Product Documentation .................................................................. 41
f) Annexure - Offer cover letter .................................................................................................... 43
g) Skill and personnel chart of Service provider ......................................................................... 45
h) Annexure– Manufacturer’s Authorization Form (MAF) .......................................................... 45
i) Annexure - Details of Track Record (Past /Current Installations) ....................................... 47
j) Annexure G - Details of Service Centers ................................................................................ 48
k) Annexure– Terms and conditions compliance table. ............................................................. 49
l) Annexure - FORMAT OF BANK GUARANTEE (BG) FOR BID SECURITY. ..................... 50
m) Integrity Pact ............................................................................................................................. 50
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 5
1. Invitation for Bids 1.1 Dena Bank invites sealed bids from eligible bidders for the supply, installation,
commissioning and maintenance of Tape Backup solution.
1.2 Interested eligible bidders may obtain further information from the office of
Dena Bank, Information Technology Department, Dena Bhawan-B, Patel
Estate Road, Behind Telephone Exchange, Jogeshwari (w), Mumbai 400102.
1.3 The Bid Document is to be downloaded from the Website. The non-refundable
fees for downloaded document must be deposited before the last date & time
of sale of bidding document as tabulated below. No hardcopy of the bid
document will provided.
1.4 Bid Amount should be credited to the Dena Bank Account Details mentioned
in the table before Last Date & Time of Bid submission. Payment Transaction
reference details should be submitted along with technical Offer bid
submission.
1.5 The Bid Details are as follows :
S. No. Item Description
1. Bid reference HO/ITD/ 865/2017
2. Date of commencement of sale of Bidding Documents
26/12/2017
3. Pre-bid meeting 03/01/2018 3 PM
4. Place of Pre-bid Meeting Dena Bank Information Technology Department, Dena Bhawan-A, Patel Estate Road, Behind Telephone Exchange Jogeshwari (w), Mumbai 400102.
5. Last date for sale of Bidding Documents
24/01/2018 1400Hrs
6. Last Date & Time for Submission of Bids
24/01/2018 1500Hrs
7. Date and time of opening of Technical Bids
24/01/2018 1505Hrs
8. Place of submission & opening of Bids
Dena Bank Information Technology Department, Dena Bhawan-B, Patel Estate Road, Behind Telephone Exchange Jogeshwari (w), Mumbai 400102.
9. Address for communication As above Sr.No.8.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 6
Tel : 26767080/7161 [email protected]
10. Price of Bid Document Rs.10,000/-
11. Bank Account Details in which Bid Amount to be credited
Account No. –020911023937 Name - Dena Bank IT Department, Current Account IFSC Code-BKDN0460209 Bank & Branch Name – Jogeshwari West Mumbai
1.6 All bids must be accompanied by bid security as specified in the Bidding
Document and must be delivered at the above office on or before specified
date and time indicated above.
1.7 Bids will be opened in the presence of the bidders’ authorized representatives
on the specified date and time.
1.8 Bidders will have an interface with the Bank on the technical feasibility of the
proposal during pre-bid meeting. If the Bank is not satisfied with technical specifications and the feasibility of the technical offers submitted by any bidder, the commercial offers of that bidder will not be opened. Technically disqualified offers will not be taken up for further process and no discussions / interface will be granted to such bidders.
1.9 Dena Bank reserves the right to accept or reject in part or full any or all the
offers without assigning any reasons there for. DY. GENERAL MANAGER (IT) DENA BANK, HO, MUMBAI.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 7
2. Brief Scope of Work
Old Tape Cartridge Migration to current Tape Technology New Tape Library
Backup Solution Current Backup Infrastructure contains-
a. 10 year Tape data Migration from Existing Library to New
b. Existing Tape library – SL500 and Tandberg
c. Backup Software is Data Protector and NetBackup
d. Net backup Version 7.7.3
e. Tape Library
f. DC- SL500 6xLTO4, SL150 2xLTO5, SL24 1xLTO5, SL48 2xLTO5
g. DR- SL500 4xLTO3, SL150 2xLTO5, SL24 1xLTO5, SL48 2xLTO5
h. Tapes DC- LTO4 =>1693, LTO5 =>66 DR- LTO3 =>608, LTO5 =>49 Bank need to upgrade current tape backup solution due to increased requirement of offline backup and increase in the data size to be backed up. Bank need efficient backup solution for fast backup of the data from different systems at Data Center and Disaster Recovery site. Bidder need to supply a solution for multi-thread backup tape library based back -up solution.
3. Minimum Qualification Criteria Only those bidders who fulfill the following criteria are eligible to respond to the RFP. Offers
received from the bidders who do not fulfill all or any of the following eligibility criteria are
liable to be rejected. The bank reserves the right to interpret the documents / proof of
eligibility submitted by the bidders and may choose to accept / reject the proof of eligibility
or may also call for further clarification with respect to any documents submitted by the
bidder. The experience and expertise of the bidder, field record of satisfactory services,
and Bidder’s compliance with all these requirements must be substantiated with credible
documentary proof such as customer Purchase Orders with dates and audited balance
sheet for the last year.
Sr. No.
Clause Documents Required
1.
The Bidder should be a registered company in India as per the Company Act. 1956 and must have a minimum turnover of Rs. 100 Crores per Annum out of its IT operations for the past 3 Financial Years (each year).
Certificate of incorporation. Copy of the audited profit and loss account of the company OR auditor certificate showing turnover of the company for last three years.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 8
2.
The bidder should be registered in India and should be in the IT/ITES business.
Certificate of commencement of services.
3.
The Bidder should have its support and service center in Mumbai & Bangalore in India.
i) Proof of address to be submitted. ii)Declaration indicating the number of support employees operating from the centre to be submitted.
4.
The bidder must be authorized partner of quoted OEM and must submit MAF.
MAF to be submitted.
5.
The bidder should not be blacklisted by any Central/State Govt. depts./Public Sector Banks / Financial Institutions in India at the time of submitting bid.
The Bidder should submit a certificate from Company Secretary / External Auditor to this effect.
6 The bidder should have carried out minimum 3 works in the last 2 years for equal and more for which bid is submitted i.e., Supply of equivalent quantity or more of equipment and services.
PO Copy & Works completion certificate.
a. Unacceptable quality of components: The bidder should not substitute any internal components or subsystems of equipments by similar items from different manufacturers, without adequate justification that is acceptable to Dena Bank.
b. Manufacturer’s Authorization form: ( as given in Annexure)
Bidders must submit a letter of authority from their manufacturers that they have been authorized as Enterprise vendor / partner of OEM to quote on behalf of the manufacturer.
c. The successful bidder must give an undertaking signed by the Company
Secretary that all components used in the machines supplied are original and not refurbished. This must be submitted along with the invoices.
d. The successful bidder must furnish a list of all the license numbers of the pre-
loaded Operating System/other software and hardware Hardware supplied by the vendor, along with a Certificate of Authority from the OEM for the same and submitted along with the invoices. Note: Photocopies of documentary evidence for all above points is
required with technical bid.
4. Instruction to Bidders
4.1 Amendment to RFP Contents
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 9
At any time prior to the last date for bid-submission, the Bank may, for any reason, whether at its own initiative or in response to clarification(s) requested by a prospective bidder, modify the RFP contents by amendment. Amendment will be notified in writing on Bank’s website or by e-mail to all the prospective bidders and will be binding on bidders. The Bank shall not be liable for any communication gap. In order to provide prospective bidders, reasonable time to take the amendment into account for preparation of their bid, the Bank may, at its discretion, extend the last date for bid submission.
4.2 Two Bid System Offer:
Separate offers (Technical & Commercial) must be submitted at the same time,
giving full particulars properly spiral bound and page number in separate sealed
envelopes at the Bank’s address given below, on or before time and date specified.
4.3 Bid Security/EMD:
4.3.1 Earnest Money Deposit by the Bidder should be done Minimum for as under for each of the bids separately for which bidder has submitted the bid.
Sr. No.
Tender Description EMD Amount
A Procurement of Tape Library based backup solution
6 Lacs
4.3.2 The bidder shall furnish its bid security as under: a. A Demand Draft issued by nationalized bank/ scheduled commercial
bank in favour of “Dena Bank” or
b. A Bank Guarantee of nationalized bank/ scheduled commercial bank with validity of 180 days plus 30 days for claim period.
4.3.3 Unsuccessful Bidder’s bid security will be discharged or returned as
promptly as possible after the expiration of the period of bid validity prescribed & for successful Bidder against Performance Bank Guarantee.
4.3.4 The bid security may be forfeited:
a. If the bidder withdraws its bid during the period of bid validity specified by the Bank.
Bank’s address
Dy. General Manger ( IT ) Dena Bank , Information Technology Department, Dena Bhawan-A, Patel Estate, Jogeshwari (w) , Mumbai 400102
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 10
b. In case the information submitted by the bidder supporting its eligibility claim is found to be false
c. In case of the successful bidder, if the bidder fails to:
sign the contract
furnish performance security
4.4 Submission of Bid Document
4.4.1 All the envelopes must be super-scribed with the following information:
Type of Offer (Technical or Commercial)
Bid Reference Number
Due Date
Name of Bidder with contact details
4.4.2 ENVELOPE-I (Technical Offer): (in sealed envelope) The Technical Offer (T.O) should be complete in all respects and contain all information asked for, except prices. The T.O. should include all items asked for in Requirement of Items (ROI). The T.O. should not contain any price information. The T.O. should be complete to indicate that all products and services asked for are quoted. For example, the Technical Offer should mention that AMC charges are included in the Commercial Offer, without mentioning the actual amounts in the T.O. 4.4.3 ENVELOPE-II (Commercial Offer): (in separate sealed envelope) The Commercial Offer (C.O) should give all relevant prices information and
should not contradict the T.O. in any manner. The C.O. should be complete in all respects and contain all necessary information. C.O. which is incomplete is liable for rejection.
4.4.4 These two envelopes containing the Technical and Commercial Offer should be separately submitted. Please note that if any envelope is found to contain both technical and commercial then that offer will be rejected summarily.
4.4.5 All pages must be numbered Page x of yy (eg. Page 12 of 30) and signed
by (initials) the Authorized Signatory along with Company Seal.
4.4.6 Bidders have to submit soft copy of the Technical offer in CD/DVD in PDF format.
4.4.7 All the documents submitted will become the property of the Bank.
4.5 Schedule of Items under Procurement
Tender No.
Tender Description
1 Procurement of Back Tape backup Solution
4.6 Terms and Conditions:
Terms and conditions for bidders who participate in the offer for quotes are specified in the section called “Terms and Conditions of Contract (TCC)”.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 11
These terms and conditions will be binding on all the bidders. These terms and conditions will also form a part of the purchase order, to be issued to the successful bidder(s) on the outcome of the offer process.
4.7 Non-transferable offer:
This offer document is not transferable. Only the party, who has purchased this offer, is entitled to quote.
4.8 Pre bid Meeting:
There will be a meeting with all the bidders, as specified earlier at Dena Bank, Information Technology Department, Dena Bhawan-A, Patel Estate, Jogeshwari (w), Mumbai 400102, to address any queries in connection with the document. It is essential that all clarifications / queries be submitted to Dena Bank on or before stipulated time at above mentioned Email id. The bidders who have purchased the Bidding Documents will be allowed to attend the Pre-bid meeting.
4.9 Reply to Query:
The purchaser’s response to the above queries will be sent to all prospective Bidders who have purchased the Bidding Documents by E-mail or publishing the changes in tender section of the Bank’s website. All the communication from Bank’s side will be done through e-mail only. Hence you are advised to provide a valid e-mail id while procuring the bid document. Reply of pre-bid queries, addendum, corrigendum will also be published on tender section of Bank’s website ( https://www.denabank.com)
4.10 Offer validity Period:
The offer should hold good for a period of 180 days from the date of the opening of offer. Bank can place repeat order at the same rate as per purchase order for part or all the items quoted in the tender documents within a period of 6 months from the issue of Purchase Order.
4.11 Address of Communication:
Offers should be addressed to the address given in Section-I.
4.12 Modification and Withdrawal of Offers:
The bidder may modify or withdraw its offer after its submission, provided that written notice of the modification or withdrawal is received by Dena Bank prior to the closing date and time prescribed for submission of offers. No offer can be modified or withdrawn by the bidder, subsequent to the closing date and time for submission of offers. No fees or expenses will refunded.
4.13 Preliminary Scrutiny
Dena Bank will scrutinize the offers to determine whether they are complete, whether any errors have been made in the offer, whether required documentation has been furnished, whether the documents have been properly signed, and whether items are quoted as per the schedule.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 12
Dena Bank may, at its discretion, waive any minor non-conformity or any minor irregularity in an offer. This shall be binding on all bidders and Dena Bank reserves the right for such waivers.
4.14 Clarification of Offers
To assist in the scrutiny, evaluation and comparison of offers, Dena Bank may, at its discretion, ask some or all the bidders for clarification of their offer. The request for such clarifications and the response will necessarily be in writing and no change in the price or substance of the bid shall be sought, offered or permitted.
4.15 No Commitment to Accept Lowest or Any Offer
Dena Bank shall be under no obligation to accept the lowest or any other offer received in response to this offer notice and shall be entitled to reject any or all offers including those received late or incomplete, offers without assigning any reason whatsoever. Dena Bank reserves the right to make any changes in the terms and conditions of purchase that will be informed to all bidders. Dena Bank will not be obliged to meet and have discussions with any bidder, and/or to listen to any representations.
4.16 Documentation
The following information should be furnished along with the technical offer by means of printed technical brochures as per checklist provided.
any particular version of the operating system for compatibility.
be clearly indicated. Restrictions on software usage, if any, should also be mentioned.
4.17 Submission of Technical Details
It is mandatory to provide the technical details in the exact format of Technical Details column given in the technical specifications. The offer may not be evaluated by Dena Bank in case of non-adherence to the format or partial submission of technical details as per the format given in the offer. Dena Bank shall not allow/permit changes in the technical specifications after it is submitted. The relevant product information brand and model number offered, printed product brochure, technical specification sheets etc. should be submitted along with the offer. Failure to submit this information along with the offer may result in disqualification.
4.18 Make, Models & Part numbers of the equipment
It is necessary to provide make, model and part numbers of all equipment and their sub components as asked in the technical specification. The offer may not be evaluated and/or will be liable for rejection in case of non-submission or partial submission of make, model and part numbers of the items offered. Please note that substituting this information by just brand name is not enough.
4.19 Format for Technical Offer
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 13
The Technical offer must be made in an organized, structured and neat manner. Brochures/leaflets etc. should not be submitted in loose form. The format for submission of technical offer is as follows: a. Index
b. Technical Offer with Specifications.
c. Technical Deviation Statement as given in Annexure
d. Checklist as per Annexure
e. Covering letter. This should be as per Annexure.
f. Details of the bidder, as per Annexure.
g. Manufacturer’s Authorization Form (if applicable) as per Annexure.
h. Details of installation (past/current), as per Annexure
i. Details of support centers as per Annexure
j. Terms and Conditions Compliance Table as per Annexure
k. Technical Documentation (Product Brochures, leaflets, manuals etc.). An index of technical documentation submitted with the offer must be enclosed.
l. Software details.
m. Valid Bank Draft / Bank Guarantee as EMD.
n. Bidder’s Financial Details (audited balance sheets etc.) and other supporting documents, as asked in the offer document
4.20 Format for Commercial Offer
The Commercial offer must not contradict the technical offer in any way. The suggested format for submission of Commercial offer is as follows: a. Index
b. Covering letter
c. Commercial Version of Bill of Materials and Price Schedule. This must contain all price information, including AMC details. It must be in format specified as Annexure for commercial Bid
d. A statement that the bidder complies with Payment schedule and penalties given in the offer.
4.21 Erasures or Alterations
The offers containing erasures or alterations will not be considered. There should be no hand-written material, corrections or alterations in the offer. Technical details must be completely filled up. Correct technical information of the product being offered must be filled in. Filling up of the information using terms such as “OK”, “accepted”, “noted”, “as given in brochure / manual” is not acceptable. Dena Bank may treat offers not adhering to these guidelines as unacceptable.
4.22 Locations of Installation
This offer is being floated by the Head office of Dena Bank .The Hardware and Software being procured through this offer shall be installed and commissioned by the bidder, at Dena Bank Data Center at Mumbai/Navi Mumbai & DR Site at Bangalore India. Necessary road permits and way bills required for transportation and delivery of all the equipment should be arranged by the bidder.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 14
4.23 Costs & Currency
4.23.1 The cost must be indicated as Fixed Price in Indian Rupees only, including the following:
a. Cost of the equipment/hardware, software and licenses. b. Installation, if any, c. Comprehensive warranty and AMC (Annual Maintenance Contract) as
specified in TCO(Total Cost of Ownership). d. The price offered to the Bank must be in Indian Rupees, inclusive of all
presently applicable taxes and duties. Any new taxes/ increase in taxes introduced by Govt. / State Govt./ Municipal Corporation or local bodies which is subject matter of the contract, if it is a liability of Bank shall be borne by the Bank and shall become payable by the Bank on production of documentary proof by the bidder.
e. If the Government brings in any changes to the tax structure resulting in reduction of the cost, the benefit arising out of such reduction or changes or abolition shall be passed on to the Bank. The price should be mentioned in terms of the amount payable by Bank as per the pricing structure for all the services indicating the break-up of each item as per bill of materials. However, any item not mentioned in the bill of material but necessary to complete the project will be the sole responsibility of the bidder and will be deemed to have been included in the price.
f. Prices, which are not quoted as above, can be rejected. The Bank reserves its right to reject any bid submitted with an adjustable price quotation.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 15
4.24 Determination of L1 Bidder
4.24.1 The Bank will open the technical bids on the stipulated day in the presence of authorized representatives of the bidders. The technical bid will be opened first and evaluated for technical requirements as per the stipulations.
4.24.2 L1 bidder will be selected on the basis of the Total cost of ownership (TCO) criteria quoted in the reverse auction. The bidder who has quoted lowest TCO would be declared as L1 bidder.
4.24.3 All technically qualified Bidders would participate in the reverse auction through the e-tendering process. The bidder has to participate in the e-tendering process adopted by the Bank and comply with the procedure mentioned in the e-tendering process prescribed by the Vendor appointed by the Bank for e-tendering.
4.24.4 Bank will open the commercial offer of all the technically qualified Bidders before the reverse auction process to arrive at the opening price (start price) for the Reverse Auction. However there would be no compulsion on the part of the Bank to accept these prices as Bench Mark for determining the Start Bid price and the Bank may at its discretion use any other process / methodology to determine the Start Bid Price without having to disclose the basis to the Bidders.
4.24.5 The commercial bids of unsuccessful bidders at the technical stage will be returned to them unopened against their acknowledgement.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 16
4.25 No Negotiation
4.25.1 It is absolutely essential for the bidders to quote the lowest price at the time of making the offer in their own interest, as Dena Bank will not enter into any price negotiations, except with the lowest quoting bidder, whose offer is found to be fully technically compliant.
4.25.2 No Bidder shall contact the Bank on any matter relating to its offer, from the time of offer opening to the time the Contract is awarded. Any effort by a bidder to influence the Bank in its decision on offer evaluation, comparison or contract award decisions may result in the rejection of the Bidder’s offer.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 17
4.26 Short-listing of Bidders
4.26.1 Dena Bank will prepare a list of technically qualifying bidders and only technically qualified will be allowed to participate commercial evaluation. Bank at its discretion may disqualify any bidder based on its past experience with such bidders in execution of any previously awarded contracts.
4.26.2 Dena Bank will evaluate and compare the offers which have been determined to be substantially responsive. The Bank’s evaluation of offers will take into account, in addition to the quoted one or more of the following factors as specified: a. Delivery schedule offered in the bid;
b. Deviation in payment schedule;
c. The cost of components, spare parts and service;
d. The availability of spare parts and after-sales services for the equipment offered in the bid in Purchaser’s country;
e. The projected operating and maintenance costs during the life of the equipment;
f. The performance and productivity of the equipment offered; and/or
g. The track record of the after sales support of the bidder if he is an existing vendor of the bank.
h. Other specific criteria indicated in the Bid Data Sheet and/or in the Technical Specifications.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 18
4.27 Right to Alter Quantities
Dena Bank reserves the right to issue Purchase Order in phases or to alter the
quantities specified in the offer. Dena Bank also reserves the right to delete one or
more items from the list of items specified in offer.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 19
4.28 Evaluation Criteria
4.28.1.1 Bidder has to quote for all the line items as TCO (Total Cost of Ownership) Format. The evaluation of the Commercial offers will be done on the least TCO through separate reverse auctions.
5. Term & Conditions of Contract
5.1 Technical Inspection and Performance Evaluation
Dena Bank reserves its right to carry out a technical inspection and performance
evaluation (benchmarking) of equipment and solution offered by short-listed
bidders.
5.2 Payment Terms
Dena Bank will make payment as follows:
i) No advance,
ii) 100% Payment will be made delivery and successful installation the
material/equipment and submission of Performance Bank guarantee for 10%
of purchase order value for 5 years.
iii) For AMC: 100% yearly advance basis for post warranty period
All payments will be made by Dena Bank, IT Department, Head Office.
5.3 Pre-dispatch Inspection
Inspection may be done and the bidder shall take full responsibility of the product to
be delivered.
Bidder shall inform dates for the pre-dispatch inspection at least 7 days in advance.
The inspection of the equipments to be supplied to Bank will be carried out at bidder’s
factory/site/centre. There shall not be any additional charges for such inspection.
However, Bank will have the discretion to recover the costs related to travel and stay
of its staff/consultants from bidder if the equipment offered for inspection is not as per
Bank’s order or the bidder does not comply with the test and inspection procedures.
Inspection procedure in detail shall be intimated to the bidders separately. Bank at its
discretion may conduct PDI at Banks DC after delivery of the equipments. PDI may
be conducted by the Bank Team or Banks appointed consultants.
Should any inspected equipment fail to conform to the specifications, the purchaser
may reject them and the supplier shall either replace the rejected goods or make all
alterations necessary to meet specification requirements free of cost to the Bank.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 20
The Banks right to inspect, test and where necessary, reject the equipment after its
arrival at destination shall in no way be limited or waived by reason of the previously
been inspected, tested and passed by the bank or its representative.
5.4 Delivery, Installation and Commissioning
5.4.1 The Bidder shall be responsible for delivery, installation and integration of
the equipment ordered with the existing systems of the Bank and also to
Operating System, Anti-Virus, and other applications (where ever
applicable) making them fully operational at no additional charges as and
when required time to time. The bidder will provide necessary support for
hardware settings for successful porting/installation of application software
into the equipment ordered.
5.4.2 Insurance cover including Transit insurance till delivery of equipment to the
destination and indemnity to Bank against any loss. Insurance should cover
up to the date of installation.
5.4.3 The Bidder shall ensure
i) Delivery of hardware at the designated site within 4 weeks from the date of
issuance of Purchase Order. The bank reserves its right to conduct a PDI
/ Acceptance Test.
ii) Installation and go-live at site: 2 weeks from delivery (6 weeks from PO
date)
5.4.4 Completeness of Installation
The installation will be deemed as incomplete if the equipment is not delivered or is
delivered but not installed and/or not operational or not acceptable to Dena Bank
after acceptance testing/examination.
In such an event, the supply & installation will be termed as incomplete or not
delivered and it will not be accepted and warranty period will not commence. The
Equipments will be accepted after complete commissioning of equipment and
satisfactory working of the equipment.
5.5 Order Cancellation
5.5.1 The Bank reserves its right to cancel the order in the event of one or more of the following situations, that are not occasioned due to reasons solely and directly attributable to the Bank alone
a. Delay in implementation of services as specified in the scope of this
document beyond the specified period.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 21
b. Serious discrepancy in the quality of service / hardware / software
expected during the implementation, rollout and subsequent maintenance
process.
c. In the case of any violation of the terms of the RFP, Contract, Secrecy or
persistent default in complying with the terms of Service Agreement
d. At any stage, any representation or particulars furnished by bidder are
found to be incorrect or false
e. In case the bidder changes its constitution or amalgamates or merges with
any other entity without the prior intimation to the Bank or such change
being unacceptable to the Bank
f. In case any major shareholder or stakeholder is found to have been
engaged in activities which are criminal in nature in his own country or any
proceedings for declaring him as insolvent for winding up are pending or
initiated.
g. In case successful bidder fails to furnish proof back liaising entered with
OEM for hardware and software for the entire period of contract.
5.5.2 The Bank’s decision on the matter will be final and binding on the bidder.
However the Bank shall provide a notice the bidder in case of any
breach/non-performance with cure period of 30 days to rectify to breach.
5.5.3 The bidder would also be required to compensate the Bank for any direct
loss incurred by the Bank due to the cancellation of the contract and any
additional expenditure to be incurred by the Bank to appoint any other
bidder. This is after repaying the original amount paid.
5.5.4 Upon cancellation of contract/completion of period of service, the bidder
should handover the peaceful legal possession of all the services provided
as per the scope of the contract along with the licenses therewith and
obtains discharge from the Bank. The Bank also reserves the right to
assign or allot or award the contract to any third party upon cancellation of
the availed services.
5.6 Inter-working of Equipment/Hardware, Software & Services
5.6.1 The bidder must integrate all the hardware, software components supplied
by him with existing or to be supplied hardware, software components to
make the system integrated and fully functional. It will be bidder’s
responsibility to locate the exact nature of the problem/fault(s) and rectify
the same. Under no circumstances will a problem/fault be blamed on the
application software/ other systems without sufficient cause and
justification.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 22
5.6.2 The bidder must also take necessary steps to install all the software
components supplied by him on the hardware supplied. Moreover, any
relevant software patches that are required to be applied to the system
software to make it compatible with supplied hardware must be identified
and installed from time to time during the warranty and AMC period.
5.7 Acceptance Tests
5.7.1 At the discretion of bank, acceptance tests will be conducted by the bidder
at the site in the presence of the officials of Dena Bank and/or its nominated
consultants. The tests will check for trouble-free operation apart from
physical verification and testing. There shall not be any additional charges
payable by Dena Bank for carrying out this acceptance test. Dena Bank
will take over the system on successful completion of the above
acceptance test. An average uptime of 99.5% for duration of test period
shall be considered as satisfactory.
5.7.2 In the event of hardware and software failing to pass the acceptance test,
a period not exceeding two days will be given to rectify the defects and
clear the acceptance tests, failing which the bank reserves the right to get
the equipment replaced by the supplier at no extra cost to Bank
5.8 Drivers & Manuals
The equipment/Hardware, Software will have to be supplied with the complete and
legal documentation of hardware, all subsystems, operating systems, system
software, software drivers and manuals as applicable. The bidder shall supply
operation and maintenance manuals together with drawings of goods and
equipment’s built. These shall be in such details as will enable the bank to operate,
maintain, adjust and repair all parts as stated above.
5.9 Warranty
5.9.1 Warranty for equipment supplied should be for 3 years.
5.9.2 The offer must include a minimum comprehensive on-site warranty and
support for period specified in TCO from the date of installation and
acceptance of the solution by the Bank including all software, database,
patches, updates and licenses. Warranty support has to be provided
through OEM/Vendors field engineers.
5.9.3 The OEM or bidder has to provide from time to time release
Updates/Upgrades/New releases/New versions for software licenses. The
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 23
bidder must ensure that all such Updates/Upgrades/New releases/New
versions and version migrations, as and when released during the term of
warranty / AMC should be notified to the Bank by bidder and shall be
provided to the Bank within 2 weeks during the term of the contract period
at no additional cost or fees or expenses including implementation cost and
version migration.
5.9.4 The Bidder shall ensure that the warranty complies with the agreed
technical standards, security requirements, operating procedures, and
recovery procedures
5.9.5 The warranty period shall start from date of acceptance. Free
maintenance services shall be provided by the supplier during the period
of warranty. The Bidder shall, in addition, comply with the performance
guarantee specified under the contract. If, for reasons attributable to the
Bidder, these guarantees are not attained in whole or in part, the Bidder
shall make such changes, modifications and/ or additions to the Goods
or any part thereof as may be necessary in order to attain the
contractual guarantees specified in the contract at its own cost and
expense and to carry out further performance.
5.10 Penalties
5.10.1 Penalty for Downtime
Availability is calculated as accessibility to the users for hardware quoted. A fall
in this availability could result in penalties. The extent of penalty for fall in
availability is as under:
Level of availability calculated on monthly
basis Penalty Amount
> 99.0% to 100% No penalty would be deducted
> 98% to 99% 0.10% on product value for every hour.
> 97% to 98 % 0.30% on product value for every hour.
≥ 95% to 97% 0.50% on product value for every hour.
< 95%
1.00% on product value for every hour.
In addition to this no payment for FM
services
For e.g. If the total downtime in a month is 11 hrs in a month for a particular
hardware then the total penalty would be 11 *0.30= 3.3 % of the product value
and if the total downtime in month is 24 hours then the total penalty would be
24*0.50= 12% of the product value
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 24
5.10.2 Penalty for delay in delivery & installation
5.10.2.1 Bank may issue multiple indents exceeding up to six months from
issuance of purchase order for delivery of various hardware at different
locations.
5.10.2.2 If the bidder fails to deliver and/or install all the equipment ordered
within the stipulated time schedule or by the date extended by Dena Bank,
it will be a breach of contract. In such case, Dena Bank may foreclose the
bank guarantee without any notice. In the event of Dena Bank agreeing to
extend the date of delivery at the request of bidder, it is a condition
precedent that the validity of Bank guarantee shall be extended by further
period as required by Dena Bank before the expiry of the original bank
guarantee. Failure to do so will be treated as breach of contract. In such an
event Dena Bank reserves its right to foreclose the bank guarantee
5.10.2.3 If the Bidder fails to deliver any or all of the Systems or install the
same within the time period(s) specified in the Contract, Purchaser shall,
without prejudice to its other rights and remedies under and in accordance
with the Contract, deduct from the Contract price, as liquidated damages.
For any delay in delivery, installation and commissioning of the
material/hardware, Dena Bank will charge the penalty as per the rules
given hereunder
Delay In Weeks Penalty per week (% of
product value)
Up to 2 weeks 1%
2 to 4 weeks 3%
4 to 8 weeks 5%
Beyond Eight weeks 50% payment will be
made for the product
Part of the week will be treated as full week for this purpose. Bank reserves
the right to recover these amounts by any mode such as adjusting from any
payments to be made by the bank to the bidder.
5.10.2.4 Upper cap for all the penalties will be 10% of the PO value. In case
of undue delay beyond a period of 2 months unless otherwise waived by
the Purchaser, Purchaser in its discretion may consider termination of the
Contract. If total penalty exceeds 10% of the PO value, EMD may be
revoked or order may be cancelled.
5.10.2.5 The Bank will not arrange for any Road Permits/Sales Tax
clearance for delivery of hardware and the bidder will have to make own
arrangements for delivery of hardware to the locations. Bank will provide
necessary help like arrangement of Sales Tax document to be attested by
the bank.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 25
5.11 Annual Maintenance Contract
5.11.1 Warranty for equipment supplied should be for 3 years and Post warranty
AMC for 2 years.
5.11.2 The offer must give commitment to provide maintenance at the price
quoted in TCO from the date of expiry of warranty. The bidder must give
commitment to provide AMC of the existing hardware at the branch/ office
connected to the equipment ordered for smooth operation.
5.11.3 The respective Branches / offices of Dena Bank will pay AMC charges on
yearly basis subject to satisfactory services rendered, on receipt of bank
guarantee for AMC amount for one year from the date of completion of
warranty period. Dena Bank will pay AMC in advance per year on receipt
of bank guarantee.
5.11.4 During the AMC period the vendor should update/upgrade the software,
Antivirus and also provide any new versions released as part of Annual
Maintenance Contract.
5.11.5 The vendor undertakes and guarantees on Response time to errors during
the period of warranty and AMC with the Bank is in force.
5.11.6 However Bank will have option to avail direct support from OEM for
the AMC and may not avail the AMC services of bidder.
5.12 Guarantees on System Up-Time
The combined Up-Time of the hardware and software provided by the vendor
should provide continuous and guaranteed level of service and functionality as
defined in this document (except the down-time due to the power supply failure or
failure due to any external reasons). The vendor undertakes and guarantees a
system Up-Time of 98% yearly during the period of warranty and AMC with the
Bank is in force.
5.13 Preventive Maintenance
The Bidder will carry out preventive and corrective maintenance activities to ensure
that all hardware, related components and software perform without defect or
interruption for ensuring the uptime guarantee mentioned above in every three
months.
5.14 Spare parts
Bidder will make the spare parts for the systems available for a minimum period of
six years from the time of acceptance of the system. If the spare parts are not
available or difficult to procure or the procurement is likely to be delayed for
replacement if required, the replacement shall be carried out with state of the art
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 26
technology equipment of equivalent capacity or higher capacity at no additional
charges to Dena Bank.
5.15 Training
For hardware and other component installed, the Bidder will train the designated
enduser personnel of the Bank to enable them to effectively operate the total system.
Such training should be for a maximum duration of two days and carried out during
the period of installation of the complete system to ensure proper handling by the
designated personnel at the site.
5.16 Technical Documentation
The technical documentation involving detailed instruction for operation and
maintenance is to be delivered with every unit of the equipment supplied. The
language of the documentation should be English.
5.17 Right to use Defective Goods
If after delivery, acceptance & installation and within the guarantee & warranty
period, the operation or use of the Goods proves to be unsatisfactory, the bank shall
have the right to continue to operate or use such Goods until rectification of defects,
errors or omissions by repair or by partial or complete replacement is made without
interfering with the bank's operation.
5.18 Indemnity
The Bidder shall indemnify, protect and save the Bank and will hold the Bank
harmless from and against all claims, losses, costs, damages, expenses, action suits
and other proceedings, (including reasonable attorney fees), relating to or resulting
directly or indirectly from (i) an act of omission or commission of the Bidder, it's
employees, it's agents, or employees of it's sub-contractors in the performance of the
services provided in terms of this RFP, (ii) breach of any of the terms of this RFP or
breach of any representation or warranty or false statement or false representation
or inaccurate statement or assurance or covenant by the Bidder, (iii) bonafide use of
the deliverables and or services provided by the Bidder, (iv) infringement of any
patent, trademarks, copyrights etc. or such other statutory infringements in respect of
all components provided to fulfill the scope of this project, (v) claims made by the
employees, subcontractor, sub-contractor’s employees, who are deployed by the
Bidder, under the contract to be executed in terms of this RFP, (vi) breach of
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 27
confidentiality obligations of the Bidder, (vii) negligence or gross misconduct solely
attributable to the Bidder or by any agency, contractor, sub contractor or any of their
employees appointed by the Bidder for the purpose of any or all of the obligations
under the agreement to be executed in terms of this RFP. The Bidder shall further
indemnify the Bank against any loss or damage arising out of loss of data, claims of
infringement of third-party copyright, patents, or other intellectual property, and third-
party claims on the Bank for malfunctioning of the equipment or software or
deliverables at all points of time, provided however, (i) the Bank notifies the Bidder in
writing immediately on being aware of such claim, (ii) the Bidder has sole control of
defense and all related settlement negotiations.
Bidder shall be responsible for any loss of data, loss of life, etc, due to acts of Bidder’s
representatives, and not just arising out of gross negligence or misconduct, etc, as
such liabilities pose significant risk.
The Bidder shall indemnify the Bank (including its employees, directors or
representatives) from and against claims, losses, and liabilities arising from:
a. Non-compliance of the Bidder with Laws / Governmental
Requirements.
b. Intellectual Property infringement.
c. Negligence and misconduct of the Bidder, its employees,
subcontractor and agents.
d. Breach of any terms of Agreement, Representation or Warranty.
e. Act of omission or commission in performance of service.
f. Loss of data.
Indemnity would be limited to court awarded damages and shall exclude indirect,
consequential and incidental damages. However indemnity would cover damages,
loss or liabilities, compensation suffered by the Bank arising out of claims made by
its customers and/or regulatory authorities.
Bidder shall indemnify, protect and save the Bank against all claims, losses, costs,
damages, expenses, action, suits and other proceedings, resulting from infringement
of any patent, trade marks, copyrights etc or such other statutory infringements under
any laws including the Copyright Act, 1957 or Information Technology Act 2000 in
respect of all the hardware, software and network equipments or other systems
supplied by them to the Bank from whatsoever source, provided the Bank notifies the
Bidder in writing as soon as practicable when the Bank becomes aware of the claim
however, (i) the Bidder has sole control of the defense and all related settlement
negotiations (ii) the Bank provides the Bidder with the assistance, information and
authority reasonably necessary to perform the above and (iii) the Bank does not make
any statements or comments or representations about the claim without the prior
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 28
written consent of the Bidder, except where the Bank is required by any authority /
regulator to make a comment / statement / representation. Indemnity would be limited
to court or arbitration awarded damages and shall exclude indirect, consequential
and incidental damages and compensations. However indemnity would cover
damages, loss or liabilities suffered by the Bank arising out of claims made by its
customers and/or regulatory authorities.
The Bidder shall not indemnify the Bank for:
a. Any loss of profits, revenue, contracts, or anticipated savings or
Any consequential or indirect loss or damage however caused, provided that the
claims against customers, users and service providers of the Bank would be
considered as a “direct” claim.
5.19 Publicity
Any publicity by the bidder in which the name of Bank is to be used should be done
only with the explicit written permission of bank. The bidder should not disclose the
technical / commercials offered to the bank and also the terms & conditions to any
other third party without prior written permission of Bank.
5.20 Limitation of Liability:
The bidders aggregate liability in connection with obligations undertaken as a part of
Project regardless of the form or nature of the action giving rise to such liability
(whether in contract, tort or otherwise), shall be at actual and limited to the value of
the contract. The bidders liability in case of claims against the Bank resulting from
misconduct or gross negligence of the Bidder, its employees and subcontractors or
from infringement of patents, trademarks, copyrights or such other Intellectual
Property Rights or breach of confidentiality obligations shall be unlimited.
The Bank shall not be held liable for and is absolved of any responsibility or
claim/litigation arising out of the use of any third party software or modules supplied
by the Bidder as part of this project
In no event shall either party be liable for any indirect, incidental or consequential
damages or liability, under or in connection with or arising out of the Agreement to be
executed in terms of this RFP or the hardware or the software delivered hereunder,
howsoever such liability may arise, provided that the claims against customers, users
and service providers of the Bank would be considered as a direct claim.
5.21 Interconnectivity with Bank’s existing equipment
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 29
It is bidder’s responsibility to establish interconnectivity with other equipment of the
Bank where required by Bank and where technically possible and where it is within
scope of this tender.
5.22 Cooperation for WAN connectivity
The bidder will undertake to provide all necessary help to connect the
equipment/Hardware and software on WAN of the Bank.
5.23 Guarantees
Bidder should guarantee that all components are new. In the case of software, the
bidder should guarantee that the software supplied to Dena Bank is licensed and
legally obtained. All hardware and software must be supplied with their original and
complete printed documentation.
5.24 Performance Security:
Within 21 days after the Bidder's receipt of Notification of Award, the Bidder shall
furnish Performance Security to the Bank for an amount of 10% of the total contract
value for entire period of contract (5 years) and valid up to 60 days after the date of
completion of performance obligations including warranty. The proceeds of the
performance security shall be payable to the Bank as compensation for any loss
resulting from the Bidder's failure to complete its obligations under the Contract. The
Performance Security shall be in the form of a bank guarantee issued by a Public
Sector Bank located in India, acceptable to the Bank. The performance security will
be discharged by the Bank and returned to the Bidder not later than 60 days following
the date of completion of the Bidder's performance obligations, including any warranty
obligations, under the Contract. The format for the performance Bank Guarantee will
be provided to the successful bidder in due course.
5.25 Force Majeure
The bidder shall not be liable for forfeiture of its performance security, liquidated
damages or termination for default, if and to the extent that it’s delay in performance
or other failure to perform its obligations under the contract is the result of an event
of force Majeure. For purposes of this Clause, "Force Majeure" means an event
beyond the control of the Bidder and not involving the bidder's fault or negligence and
not foreseeable. Such events may include, but are not limited to Acts of purchaser in
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 30
its sovereign capacity wars or revolutions, fires, floods, epidemics, quarantine
restrictions and fright embargoes.
If a Force Majeure situation arises, the Bidder shall promptly notify Dena Bank in
writing of such conditions and the cause thereof within twenty calendar days. Unless
otherwise directed by Dena Bank in writing, the Bidder shall continue to perform it’s
obligations under the Contract as far as it is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the Force Majeure
event.
In such a case, the time for performance shall be extended by a period(s) not less
than the duration of such delay. If the duration of delay continues beyond a period of
three months, Dena Bank and the bidder shall hold consultations with each other in
an endeavor to find a solution to the problem.
Notwithstanding above, the decision of Dena Bank shall be final and binding on the
bidder.
5.26 Intellectual Property Rights
The bidder represents that it has obtained appropriate rights to provide the
deliverables upon the terms and conditions contained in this contract. The Bank
agrees and acknowledges that save as expressly provided in this contract, all
Intellectual Property Rights in relation to the Software and Documentation and any
adaptations, translations and derivative works thereof whether protectable as a
copyright, trade mark, patent, trade secret design or otherwise, provided by the
Bidder during, in connection with or in relation to fulfilling its obligations under this
contract belong to and shall remain a property of the Bidder or its licensor. The Bank
shall own all Intellectual Property Rights in all software and other materials (excluding
any Bidder or third party products including any modifications, enhancements or
customization made thereto) produced exclusively for the Bank by the Bidder
pursuant to the project including any adaptations , translations, derivative works and
improvements that are developed by the Bidder, specifically and exclusively for the
Bank, whether protectable as a copyright, trademark, patent, trade secret and design
or otherwise. The ownership of all Intellectual Property Rights in any information or
materials provided to the Bidder by the Bank shall remain vested in the Bank. The
ownership of all Intellectual Property Rights for any Bank customer information or
materials provided to the Bidder by the Bank shall remain vested in the Bank.
The Bidder represents that a separate agreement is required to be entered into by
the Bank with Third-party bidder either for statutory or proprietary reasons,
notwithstanding the Bidder’s obligations for performance. The Bank shall enter into a
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 31
separate Confirmation of License Agreement with the OEM of the software, as per
the format provided by the Bank, wherein the Bank is being granted a license to use
the hardware and Software solely in the manner set out herein.
During the Term of this Project and, if applicable, during the Reserve Transition
Period, Bank grants Bidder a right to use at no cost or charge the Software licensed
to the Bank, solely for the purpose of providing the Services. The Bidder shall be
responsible for obtaining all necessary authorizations and consent from third party
licensors of Software used by Bidder in performing its obligations under this Project.
If a third party’s claim endangers or disrupts the Bank’s use of the Software, the
Bidder shall at no further expense, charge, fees or costs to the Bank, (i) obtain a
license so that the Bank may continue use of the Software in accordance with the
terms of this Agreement and the license agreement; or (ii) modify the Software without
affecting the functionality of the Software in any manner so as to avoid the
infringement; or (iii) replace the Software with a compatible, functionally equivalent
and non-infringing product.
5.27 Resolution of Disputes & Arbitration
Dena Bank and the bidder shall make every effort to resolve amicably, by direct
informal negotiation, any disagreement or dispute arising between them under or in
connection with the contract. If after thirty days from the commencement of such
informal negotiations, Dena Bank and the Bidder have been unable to resolve
amicably a contract dispute; either party may require that the dispute be referred for
resolution by formal arbitration.
All questions, disputes or differences arising under and out of, or in connection with
the contract, shall be referred to two Arbitrators: one Arbitrator to be nominated by
Dena Bank and the other to be nominated by the Bidder. In the case of the said
Arbitrators not agreeing, then the matter will be referred to an umpire to be appointed
by the Arbitrators in writing before proceeding with the reference. The award of the
Arbitrators, and in the event of their not agreeing, the award of the Umpire appointed
by them shall be final and binding on the parties. The arbitration and reconciliation
act 1996 shall apply to the arbitration proceedings and the venue of the arbitration
shall be Mumbai. Any litigation under this bid, contract will be subject to Mumbai
jurisdiction. Bank will borne the cost of arbitrator appointment by Bank. Cost of umpire
will be borne equally by bidders/Vendors and Bank.
5.28 Liquidated Damage
As cover under section Penalties – Section- 5.10
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 32
6. Requirement of Items (Technical Specification) & Scope of Work
6.1 Backup Solution (Tape Library Backup Solution)
6.1.1 Technical Specification
Sr. No.
Specification Parameter for Backup System
Functionality/ Specifications of Backup System (Tape Library Type-I for Primary Site)
Product Compliance Status( Comply/ Not Comply)
Reason of Non-Compliance(If any)
A. Tape Library Type –I for DC
A1 Capacity 1. Shall support Native data capacity of
more than 3PB (uncompressed)
expandable to more than 8PB (2.5:1
compressed) when fully populated,
using LTO-8 Technology.
2. Shall be offered with Minimum of 8 x
LTO-8 FC tape drives. Tape Drive shall
support encryption.
3. Shall be offered with 160 Cartridge
slots.
A2 Tape Drive
Architecture
1. Offered LTO-8 drive in the Library
shall conform to the Data rate matching
technique for higher reliability.
2. Tape Drive Architecture in the Library
shall conform to the INCITS/T10 SCSI-3
standard or newer standards.
A3 Speed Offered LTO-8 drive shall support
300MB/sec in Native mode.
A4 Scalability Tape Library shall be scalable to more
than 500 slots and 40 number of LTO-8
Drives within the same Library.
A5 Connectivity Offered Tape Library shall provide
8Gbps native FC connectivity to SAN
switches.
A6 Partitioning 1. Offered Tape Library shall have
partitioning support so that each drive
can be configured in a separate partition.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 33
Sr. No.
Specification Parameter for Backup System
Functionality/ Specifications of Backup System (Tape Library Type-I for Primary Site)
Product Compliance Status( Comply/ Not Comply)
Reason of Non-Compliance(If any)
A. Tape Library Type –I for DC
2. Offered Tape Library shall have
support for at-least 20 partition.
A7 Managemen
t
Tape Library shall provide web based
remote management.
A8 Encryption
device
Offered Library shall be provided with a
hardware device like USB key, separate
appliance etc. to keep all the encrypted
keys in a redundant fashion.
A9 Barcode
Reader and
Mail slots
Tape library shall support Barcode
reader and at-least 5 mail slots and shall
be scalable to 30 mail slots when fully
populated.
A10 Other
Features
1. Tape Library shall have GUI Panel
2. Shall be rack mountable.
3. Shall have option for redundant power
supply
4. Tape Library shall be supplied with
software which can predict and prevent
failures through early warning and shall
also suggest the required service action.
5. Offered Software shall also have the
capability to determine when to retire the
tape cartridges and what compression
ratio is being achieved
Sr. No.
Specification Parameter for Backup System
Functionality/ Specifications of Backup System (Tape Library Type-II for DR Site)
Product Compliance Status( Comply/ Not Comply)
Reason of Non-Compliance(If any)
B. Tape Library Type-II for DR Site
B1 Capacity 1. Offered Tape Library shall support
Native data capacity of 1.6PB
(uncompressed) using LTO-8
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 34
Technology.
2. Shall be offered with Minimum of
four LTO-8 FC tape drive. Drive shall
support encryption
3. Shall be offered with 70 Cartridge
slots and shall be scalable to more
than 270 slots.
B2 Tape Drive
Architecture
1. Offered LTO-8 drive in the Library
shall conform to the Data rate
matching technique for higher
reliability.
2. Tape Drive Architecture in the
Library shall conform to the
INCITS/T10 SCSI-3 standard or
newer standards.
B3
Scalability Tape Library shall be scalable to
minimum of 20 number of LTO-8
drives
B4 Speed Offered LTO-8 drive shall support
300MB/sec in Native mode.
B5 Connectivity Offered Tape Library shall provide
native FC connectivity to SAN
switches.
B6 Partitioning Offered tape library shall have
flexibility to configure each offered
drive into a separate partition. Offered
tape library shall have support for 20
partition when fully populated.
B7
Encryption
device
Offered Library shall be provided with
a hardware device like USB key,
separate appliance etc. to keep all the
encrypted keys in a redundant
fashion.
B8 Management Tape Library shall provide web based
remote management.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 35
6.1.2 TCO (Total Cost of Ownership)
S. No. Description Qty
(A)
Unit
Price
(B)
Total cost with
03 years
warranty
C=A*B
AMC Price per Year (
Minimum 5% of C)
1 Tape Library
type-I DC
01 T1 T2
2 Tape Library
type-II for DR
Site
01 T3 T4
5 Service as
specified in
Scope of Work
– 6.1.3
01 T5 T6
Total Cost of Ownership TCO=(Sum of T1 to T6)
B9 Barcode
Reader and
Mail slots
1. Tape library shall support Barcode
reader and mail slot.
2. Tape Library shall be offered with 5
mail slots and shall be scalable to 30
slots when fully populated.
B10 Other Features 1. Tape Library shall have GUI Panel
2. Shall be rack mountable.
3. Shall have option for redundant
power supply
4. Tape Library shall be supplied with
software which can predict and
prevent failures through early
warning and shall also suggest the
required service action.
5. Offered drives in the tape library
shall optionally support both data
path and control path failover.
6. Offered Software shall also have
the capability to determine when to
retire the tape cartridges and what
compression ratio is being achieved
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 36
Additional term & conditions as part of Product Total Cost of Ownership (as mentioned in
Annexure -G). AMC Prince quoted will be applicable same for 4th and 5th year.
6.1.3 Scope of Work
a) Supply, Delivery and Installation of tape library based backup system.
b) Implementation of the backup system using existing VERITAS net-
backup solution for which license is available with Bank.
c) Integration of the system with all servers & other system of the Bank.
d) 24*7 Support for Tape backup solution supplied if any issue reported
by Bank.
e) Any Call reported must be attended within 2 Hours and resolved
within 4 hours of time.
f) Quarterly preventive maintenance during warranty and AMC period
g) Replacement of faulty parts during the warranty & Annual
Maintenance without any extra cost
h) Provide required support for scalability of Tape Library System as
required Bank in future.
7 Annexures
a) Bidders information
Details filled in this form must be accompanied by sufficient documentary evidence, in order
to verify the correctness of the information.
ORGANISATION PROFILE
(Include in Technical Bid Only – Not to be included in Commercial Bid)
CONSTITUTION
Proprietary
Partnership
Private Ltd
Public Ltd
Established since
Commercial Services of the Services in
Offer started since
Address of Registered Office
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 37
Category : Software Developer (Principal)
Hardware Manufacturer (Principal)
System Integrator
Any other (please specify)
If joint Venture, then specify name of
Partners in JV
: 1.
2.
Name of Proprietor/Partners/Directors : Name Phone Nos. (with STD Codes)
1.
2.
3.
4.
Name of Software Network Engineers
familiar with the Services being offered
:
Number of Total Employees :
Services rendered / offered : 1.
2.
3.
Sales turnover for 3 years (in Rs. Lakh)
*Receipts due to System Integrator and
Support alone
: Current Year Rs. *Rs.
Last Year Rs. *Rs.
Year Before
Last
Rs. *Rs.
Net Profit for the last 3 years Current Year
Last Year
Year Before
Last
Services being offered so far to :
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 38
Client, with full address and Details of
contact person (Phone, Fax and E-Mail)
Services in Use Date of Service Whether Warranty/AMC
still continues
1.
2.
3.
Note: Please support the above facts with documentary evidence. Please also attach:
1.Audited Final Accounts of the last 3 years
2.Certificate of Financial Soundness from Bankers
Income-tax Clearance Certificate (Certificate latest) (including PAN details)
GST Certificate (Certificate latest).
Referral Letters from Clients mentioned above.
Signature of Bidder: _________________
Name : _________________
Business address : _________________
Place :
Date :
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 39
b) Technical Compliance Matrix
Technical compliance matrix should contain compliance of technical specification sheet
mentioned for each item under procurement for which bidder has participated in the bid
(please refer section 6).
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 40
c) Deviation Statement
Annexure – Technical Deviation Statement
The following are the particulars of deviations from the requirements of the tender
specifications -
Item No. Deviation(Yes/No) Full description of deviation
(including justification)
The system configuration/technical specifications furnished in the bidding document shall prevail
over those of any others document forming a part of our bid except only to the extent of deviations
furnished in this statement.
Dated - Signature and seal of the
Manufacturer/Bidder
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 41
Note: Where there is no deviation, the statement should be returned duly signed with an
endorsement indicating “No Deviations”
d) Annexure - Commercial Bid
S. No. Desc
riptio
n
Qty
(A)
Unit Price
(B)
Total cost
with 03 years
warranty
C=A*B
AMC Price per
Year ( Minimum
5% of C)
1
2
Total Cost of Ownership TCO=(Sum of above items)
Note:-
I. In case of discrepancy between the total price and unit price, the unit price shall prevail.
II. Although bidders are required to quote various cost-items for the indicated quantity, the actual payment to the selected bidder would be reckoned on actual quantity ordered.
III. In case of discrepancy between amount in words and in figures, the amount in words would be considered right.
IV. All the prices given above should be in INR and inclusive of all taxes. V. Bank will deduct applicable TDS, if any, as per the law of the land. VI. AMC Prices will not be considered in TCO calculations. The AMC prices should be
minimum 5% of the product value. VII. The Quantity mentioned here is approximate and Bank reserves the right to alter the
quantity as per its requirement. VIII. Further, we confirm that we will abide by all the terms and conditions mentioned in
the Request for Proposal document. IX. The quantity mentioned will be approximate only. The actual requirement may vary
i.e., increase / decrease. X. Under empanelment, Bank releases dispatch request as per the branch / offices
requirement through-out the financial year. XI. Bank may request for increase period of empanelment.
XII. Throughout the empanelment period successful bidder to provide details of project manager for monitoring the project execution.
Place:
Date: Seal & Signature of the bidder
e) Annexure - Checklist for Product Documentation
Note:
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 42
1. Bidders are required to provide printed documentation for the items as per
schedule of requirement.
2. Availability of adequate, correct and relevant technical documentation is essential
for evaluation of any offer.
3. Bidders are requested to provide original copies of the documentation. In case the
original copies are not available, bidders can provide clear readable photocopies.
4. Bidder may add any other documentation, which will support their offer.
5. Also attach List of all the optional items for which brochure/literature is submitted.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 43
f) Annexure - Offer cover letter
Date: ____________________________________
Offer Reference No.:________________________________________
To:
_____________
_____________
Having examined the offer documents including all Annexure the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to supply and deliver
________________________________________ (Description of equipment and Services) in
conformity with the said offer documents in accordance with the Schedule of Prices indicated in
the commercial offer and made part of this offer.
If our offer is accepted, we undertake to commence delivery as specified in this bid and to
complete delivery, installation and commissioning of all the equipment as specified in the
Contract.
If our offer is accepted, we will obtain the guarantee of a nationalized bank for a sum of 10% of
the Contract Price for the due performance of the Contract.
We agree to abide by this offer till 180 days from the date of offer opening and our offer shall
remain binding upon us and may be accepted by the Bank any time before the expiration of that
period.
Until a formal contract is prepared and executed, this offer, together with the Bank’s written
acceptance thereof and the Bank’s notification of award, shall constitute a binding contract
between us.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 44
We understand that the Bank is neither bound to accept the lowest or any offer the Bank may
receive, nor to give any reasons for rejection.
Dated this ______ day of _________2017
Signature: ______________________________________
(In the Capacity of :) ________________________________
Duly authorized to sign the offer for and on behalf of
_______________________________________________
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 45
g) Skill and personnel chart of Service provider
City/Loc
ation
Postal Address,
Telephone, Fax,
E-Mail, Mobile
No. and Contact
Details of
Support
Personnel
Office Working Hours (Please
mention whether the
Support Agency is Owned or
Franchisee arrangement)
Number of Service
Engineers capable of
supporting the Services
being offered
h) Annexure– Manufacturer’s Authorization Form (MAF)
(This format has to be issued by OEM on their Letter Head issued by authorized
Operational office and duly signed by authorized signatory. The date of the issuance
of the letter by the OEM should be after the first date of sale of document.)
Dated:
To
The Assistant General Manager
Dena Bank
Dear Sir,
We hereby certify that M/S_____________________ having their office at
______________ certified reseller of ________ software for the last ________
years.
Further, we hereby certify that M/S____________________________ is entitled to
participate in the tender process for procurement and submit bids.
We hereby undertake that the software will be available & supplied during the
currency of the empanelment of 5 years or equivalent/higher software would be
supplied.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 46
We hereby confirm that above mentioned company will be purchasing software
support for 5 years.
In case M/s______________________________ fails to deliver the services, we
will facilitate your engagement with another ___________ authorized service partner
to provide services
Further, we confirm that the undersigned is authorized to issue this letter.
Yours faithfully,
(Name, Designation, Address, Phone Number of the Authorized Signatory with
Company Seal)
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 47
i) Annexure - Details of Track Record (Past /Current
Installations)
Name of the Bidder ___________________________________________
Service
Name of the
Location
Client
Pl. specify no.
of Similar
Installation
Date of completion of delivery
as per contract as well as
Actual
Contact
person
Name
Tel. No.
Fax No.
Address
Date of
completion of
delivery
As per
contract
Actual
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 48
j) Annexure G - Details of Service Centers
S.
No
Place
Own or
Franchise
Postal
Address
Contact
numbers
Service
Facilitie
s
availabl
e
(Descri
be)
Number of
service
engineers
Spare Parts
Stock (in case of
no stock at the
centre, pl.
mention no. of
days require to
receive it from
your factory)
1 …
2 …
3 …
4 …
5 …
6 …
7 …
… ..
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 49
k) Annexure– Terms and conditions compliance table.
Terms and Conditions Compliance Table in the following format. This table must cover bidder’s response to all the terms and conditions specified in the bid document. Where there is no deviation, the statement should mention no Deviation in the respective column.
Term No
Short Description of term
Complied (Yes/No)
Detailed explanation about deviation, if not complied
1
To
Last
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 50
l) Annexure - FORMAT OF BANK GUARANTEE (BG) FOR BID
SECURITY.
To : Dena Bank , Mumbai. WHEREAS _________________________ (hereinafter called "the Bidder") has submitted its bid dated_____2017 for the supply of________ ___________________(hereinafter called "the Bid" ). KNOW ALL MEN by these presents that WE____________________ of ____________ having our registered office at______________ (hereinafter called "the Bank") are bound unto Dena 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_______ , 2017. THE CONDITIONS of this obligation are : 1) If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder on the
Bid Form; or 2) If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the
period of bid validity :
a) fails or refuses to execute the Contract Form if required; or b) fails or refuses to furnish the Performance Security, in accordance with the Instruction to
Bidders; We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the purchaser will note that the amount claimed by it is due it owing to the occurrence of one or both of the two conditions, specified the occurred condition or conditions. This guarantee will remain in force up to and including 45 days after the period of the bid validity i.e. up to_______(mention date of expiry which should be a minimum of bid validity + 45 days), and any demand in respect thereof should reach the Bank not later than the above date. Place: SEAL Code No. SIGNATURE.
m) Integrity Pact
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 51
Dena Bank hereinafter referred to as “The Principal”
And
_________________________________________________ hereinafter referred to as “The
Bidder/Contractor”
Preamble
The Principal intends to award under laid down organizational procedures, contact against
RFP
No…………………………………………………………………………………………… For
………………………………………… The Principal values full compliance with all relevant laws of the land, rules, regulation, economic use of resources and of fairness/transparency in its relations with its Bidder (s) and/or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitor
(IEM), who will monitor the tender process and the execution of the contract for compliance
with the principle mentioned above.
Section- 1- Commitments of the Principal
1. The principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:-
a) No employee of the Principle, personally or through family members, will in
connection with the tender for, or the execution of a contract, demand, take a
promise for or accept, for self or third person, any material or immaterial benefit
which the person is not legally entitled to.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 52
b) The Principal will, during the tender process treat all Bidders(S) with equality and
reason. The Principle will in particular, before and during the tender process, provide
to all Bidder(s) the same information and will not provide to any Bidder(s)
confidential/additional information through which the Bidders (s) could obtain an
advantage in relation to the tender process or the contract execution.
c) The Principle will exclude from the process all known prejudiced persons.
2. If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the
Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.
Section- 2- Commitments of the Bidder(s)/contractor(s)
1. The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his participation in
the tender process and during the contract execution.
a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,
promi8se 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 entitle to, in order to obtain in exchange any kind whatsoever during
the tender process or during the execution of the contract.
b) The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particulars to
prices, specifications, certifications, subsidiary contracts, submission or nonsubmission of
bids or any other actions to restrict competitiveness or to introduce cartelization in the
bidding process.
c) The Bidder(s)/Contractor(s) will not commit any offense under the relevant
AntiCorruption Law of India, further the Bidder(s)/Contractor(s) will not use improperly,
for purpose of competition or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans,
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 53
technical proposals and business details, including information contained or transmitted
electronically.
d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/ representatives in India, if any. Similarly the Bidder(s)/Contractor(s) of the Indian
Nationality shall furnish the name and address of the foreign principals or associates if
any. All the payments made to the Indian agent/representative have to be in Indian
Rupees only.
e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
2. The Bidder(s)/Contractor(s) will not instigate third person to commit offense outlined above
or be an accessory to such offences.
3. The word “he/his” would include an individual or a partnership or a consortium, which is a
party to this agreement.
Section-3 – Disqualification from tender process and exclusion from future contracts.
If the Bidder(s)/Contractor(s), before award or during execution has committed a
transgression through a violation of section-2 above or in any other form such as to put
his reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process and take appropriate action.
Section 4-Compensation for damages
a) If the principal has disqualified the bidder(s)/Contractor(s) from the tender
process prior to the award according to section 3, the principal is entitled to
demand and recover the damages equivalent to earnest Money Deposit/Bid
Security.
b) If the Principal has terminated the contract according to section 3,or if the
principal is entitled to terminate the contract according to section 3,or if the
Principal is entitled to demand and recover from the Bidder/Contractor liquidated
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 54
damages of the contract value or amount equivalent to performance bank
guarantee.
Section 5-Previouse transgression
a) The Bidder/Contractor declares that no previous transgression occurred in the last
3 year with any other company in India and outside conforming to the TII‟s anti-
corruption approach including public sectors enterprise in India that could justify
his exclusion from the tender process.
If the bidder/contractor makes incorrect statement on this subject, he can be
disqualified from the tender process and appropriate action can be taken. Section 6- Equal
treatment of all Bidder/contractors.
a) The principal will enter into agreements with identical conditions as this one with
all bidders and contractors.
b) The principal will disqualify from the tender process all bidders/Contractors who
do not sign this Pact or violate its provisions.
Section-7- Criminal charges against violating Bidder(s) Contractor(s)/ Subcontractor(s)
If the principal obtains knowledge of the conduct a Bidder, Contractor, Subcontractor or of an
employee or representative or an associate of a Bidder, Contractor or Subcontractor which
constitutes corruption, or if the principal has substantive suspicion in this regard, the Principal
will inform the same to the Chief Vigilance Officer of Dena Bank.
Section 8- Independent external monitor/ monitors.
1. The Principal appoints competent and credible Independent external monitor/
monitors for this Pact. The task of the Monitor is to review independently and
objectively whether and to what extent the parties comply with obligations under
this agreement.
2. The monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. It will be obligatory for him to
treat the information and documents of the Bidders/Contractors as confidential.
He reports to the Dena Bank.
3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access
without restriction to all Project documentation of the Principal including that
provided by the Contactor. The Contractor will also grant the monitor, upon his
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 55
request and demonstration of a valid interest, unrestricted and unconditional
access to his project documentation .The same is applicable
to Subcontractors also .The Monitor is under contractual obligation to treat the
information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) as confidential.
4. The Principal 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 principal and the
Bidder/Contractor. The parties offer to the Monitor the option to participate in such meetings.
5. As soon as the Monitor notices or believes to notice a violation of this agreement,
he will so inform the Management of the principal and request the managements
and can in this regard submit non-binding recommendation. Beyond this, the
monitor has no right to demand form the parties that they act in a specific manner,
refrain from action or tolerate action.
6. The monitor will submit a written report to Dena Bank within 8 weeks from the
date of reference or intimation to him by the principal and should the occasion arise, submit proposals for correcting problematic situations.
7. If the monitor has reported to the Dena Bank, a substantiated suspicion of an
offence under relevant IPC/PC Act, and Dena Bank has not, within the reasonable
time taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the monitor may also transmit this information directly to the central vigilance commissioner.
8. The word “Monitor‟ would include both singular and plural.
Section 9- Pact Duration
This Pact begins when both parties have legally signed it. It for the contractor 12 months
after the last payment under the contract, and for all other bidders 6 months after the contract
has been awarded. If any claim is made/lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged/determined by Dena Bank. Section 10- Other provisions
1. The agreement is subject to Indian Law. Place of performance jurisdiction is the Registered Office of the principal, i.e., Mumbai.
2. Changes and supplements as well as termination notices need to be made in writing.
Side agreements have not been made.
Tender Ref: HO/ITD/865/2017 dated: 26/12/2017 Page - 56
3. If the bidder contractor is a partnership consortium, this agreement must be signed
by all partners or consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.
5. In the event of any contradiction between the integrity Pact and its Annexures, the
Clause in the integrity Pact will prevail.
(For & On behalf of the Principal) (For & on behalf Bidder/Contractor)
(Office Seal) (Office Seal)
Place…………
Date………….
Witness 1:
(Name & Address) __________________________________________________
___________________________________________________
Witness 2:
(Name & Address)___________________________________________________
____________________________________________________
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