request for proposal (rfp) for procurement of … · upgrading courses, certification courses 2 1.2...

ORIENTAL BANK OF COMMERCE Tender No:-OBC/HO/DIT/LMS/168/2018 REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF

LEARNING MANAGEMENT SYSTEM (LMS)

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Tender No:-OBC/HO/DIT/LMS/168/2018 Dated: 27/03/2018

ORIENTAL BANK OF COMMERCE

REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF LEARNING MANAGEMENT

SYSTEM (LMS)

Department of Information Technology Plot No.5, Institutional Area, Sector-32, Gurugram, Haryana – 122 001

Tel. no.: 0124-4126373,0120-2401438 E-Mail: [email protected], Website: www.obcindia.co.in

Date: 27/03/2018



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Disclaimer

While the document has been prepared in good faith, no representation or warranty, express or implied, is or will be made, and no responsibility or liability will be accepted by Oriental Bank of Commerce or any of its employees, in relation to the accuracy or completeness of this document and any liability thereof expressly disclaimed. The RFP is not an offer by Oriental Bank of Commerce, but an invitation for bidder‟s responses. No contractual obligation on behalf of Oriental Bank of Commerce, whatsoever, shall arise from the offer process unless and until a formal contract is signed and executed by duly authorized officials of Oriental Bank of Commerce and the Bidder.



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TABLE OF CONTENTS

Sl. Subject Page No

1 General Tender Details 4

2 Introduction 5

3 Purpose Of The Project 5

4 Scope Of Work 5-16

5 Instructions To Bidders 17-30

6 Terms and Conditions (Annexure I) 31-37

7 Undertaking By The Bidder (Annexure-II) 38

8 Compliance To Eligibility Criteria (Annexure III) 39

9 Bidders Information (Annexure-IV) 45

10 Compliance Statement (Annexure-V) 46

11 Performance Certificate (Annexure – VI) 47

12 Litigation Certificate (Annexure – VII) 48

13 Undertaking For Non- Blacklisted(Annexure – VIII) 49

14 Turnover Certificate by CA (Annexure-IX) 50

15 Technical Specifications of the Solution (Annexure-X) 51

16 Manufacturer„s Authorization Form (MAF) (Annexure-XI) 58

16 Commercial Details (Annexure-XII) 59

17 Performa For Bank Guarantee For Earnest Money (Annexure-XIII) 61

18 Integrity Pact (Annexure –XIV) 63

19 Checklist (Annexure –XVI) 70

20 SLA (Annexure –XVI) 71

21 NDA(Annexure –XVII) 73

22 PBG(Annexure –XVIII) 78

23 Compliance Statement for RA(Annexure –XIX) 82

24 Letter of Authority for Participating in RA (Annexure –XX) 83



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GENERAL TENDER DETAILS

RFP For Procurement of Learning Management System (LMS)

1. Document Download / Purchase Start Date and Time

27/03/2018

2. Document Download / Purchase End date and time

18/04/2018 till 1500 Hrs

3.

Last date and time for receipt of queries from bidders for Clarifications (Must be raised as per format in tender document)

03/04/2018 up to 1700 Hrs

4. Date of Pre-Bid Meeting 04/04/2018 at 1500 Hrs

5. Last Date and Time for Online and Offline Bid Submission

18/04/2018 till 1500 Hrs

6. Date and Time for Online and Offline Technical Bid Opening

18/04/2018 from 1530 Hrs onwards

8. Place of Submission of Bids

The Asstt. General Manager(IT) Oriental bank of Commerce, First Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001

9. Place of opening of Bid

Oriental bank of Commerce, First Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001

10. Address for communication As above Tel:- 0124-4126373/213/217,0120-2401438/39

11. Cost of RFP

₹10,000/- (Rupees Ten Thousand only) by Demand Draft only. (Exempt for Micro and Small Enterprises, upon submission of valid certificate copy)

12. Earnest Money Deposit

₹5,00,000/- (Rupees Five Lakhs only) by Bank Guarantee only. (Exempt for Micro and Small Enterprises, upon submission of valid certificate copy)

13. Contact to Bidders

Interested Bidders are requested to send the email to [email protected] containing following information, so that in case of any clarification, the same may be issued to them: (a)Name of Bidder, (b)Contact person, (c)Mailing address with Pin Code,(d)Telephone No., Fax No., Mobile No.(e) e-mail etc.

1. Note: Technical Bids will be opened online as well as in physical form but Commercial bid will be opened online only.

2. Bidders, who have not registered earlier with e-procurement site i.e

https://obc.eproc.in , would have to register with our e-procurement site. 3. All the technical supporting documents should be given in physical form only.

mailto:[email protected]

https://obc.eproc.in/



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1. INTRODUCTION Oriental Bank of Commerce (OBC), a body corporate, established under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1980, having its Corporate Office at Plot No 5, Sector 32, Gurugram-122001 India, hereinafter called “The Bank”, is one of the leading public sector Bank in India, having more than 2389 branches and 2631 ATMs spread all over the country. All the branches of the Bank are CBS enabled through Finacle (Ver. 7.0.25) as a Core Banking Solution. Bank has tie-ups with Visa & NPCI and distributes VISA and RuPay enabled debit cards to the customers. OBC invites technically complete and commercially competitive proposals from reputed vendors/ software solution provider / manufactures/authorized representatives for Supply, Implementation and Maintenance of Learning Management System (LMS) and Content Development.

2. PURPOSE OF THE PROJECT The purpose of this RFP is to procure a Software Solution which has to be hosted on IDRBT Cloud, including Perpetual Licenses, for LMS Platform. The solution should have components of a Learning Management System (LMS), covering Content Management requirement, course module, functionalities etc. as per the scope of work outlined below. The Solution will be used for Online Learning, training and Tests for employees of Oriental Bank of Commerce with an approx. volume of 25000 users.

3. SCOPE OF WORK

The Scope of Work includes the following components:- To provide the required software solution including the required perpetual software licenses having components of Learning Management System (LMS) and Learning Content Management System (LCMS). The solution will be located centrally without any client access. BROAD SCOPE OF WORK OF LMS:

Ecosystem and Sustainability 1 SCORM & AICC Compliant Supports content interoperability standards: latest

& updated version of the SCORM 1.2 and 1.3

2 Support for a Large User Base There is no restriction in terms of the number of users and administrators that can be registered onto the portal.

Must support at least 500 concurrent users logged into the portal anytime.

3 Hosting the LMS on cloud It will be hosted on IDRBT community cloud infrastructure.

4 User Interface Intuitive and easy to use/understand interface both for the user and the administrators.

Supports customization of Dashboard Should have a virtual classroom feature both live

and recorded. Allows users to receive announcements or

notifications from the application.



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Should be UTF-8 compliant for supporting multiple languages. The system should be available in English and Hindi

Branding 5 Key Service/Maintenance features Provides customization of the LMS – e.g. Bank‟s

Punch line/ Bank theme/ Logo on the portal, features can be made available to the users/administrators as per Bank‟s requirements.

Mobile Application 6 Mobile/Tablet Application Supports the option for offline or disconnected

learning with dedicated mobile App.

Integrations 7 Integration Capability Must integrate with Bank‟s HRMS, Bank‟s WEB

Portal and provision of integration with other third party.

User Management 8 User Management Automatic account creation after syncing with

HRMS Must be Single Sign On integration with HRMS and

any other Bank‟s internal applications Manage Users, Roles, Privileges Configure/Customize User Roles, User Interface.

Etc. Create Organization Hierarchy Create and Manage Training Groups

Content Management 9 E- Learning & Catalogue

Management Supports all training materials in any of the portable

formats (pdf, ppts, word, excel, html, asp, web content, link embedding etc.)

Support all Question types for assessment with video and audio support

10 Course enrolments and registration

User enrolment – self as well as administrator/supervisor/ authorised person approval based.

Support bulk registration/enrolments through input from external sources in a pre-defined format/excel sheet.

11 Content Creation Provides an integrated tool for content creation in SCORM output

Reports 12 Reports and MIS Report generation: Summary as well as detailed

records of learners‟ progress, course completions, assessment completions, test marks, training courses, catalogues, training impact analysis, feedback reports, training reports, survey reports, graphical reports, cadre wise, vertical wise , scale wise etc is to be made available. Further, reports can be customized also as per requirement.

Admin Dashboard: Admin should be able to apply filters before fetching out reports, can edit and modify users and courses with least effort.

Assessments Centre 13 Online testing/Certifications,

survey and Question Bank Provides for creation, management, and tracking of

online training and online assessment and surveys, both as part of courses and separate tests.



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Classroom Training Management 14 Classroom training Management System should provide provision for end to end

classroom training management and blended learning features like managing instructors, venues, feedback, session plan, inventory, attendance, tests waitlist management etc.

15 Skills and Competency Management

Map Skill/ Competencies to Job Profiles / Roles Analyze Organization-wide Skills & Competency

Gaps (basis Job Profile, Group, Location etc.) Map Skills and Competencies with Courses

16 Domain Management Ability to create multiple tenants within the system Individual tenants can have their own UI(Logo,

background images for learners, color scheme, language)

Collaboration & Gamification 17 Communication/ Collaboration

and Leader board LMS provides collaborative tools or virtual spaces

for learner interaction (Discussion forums, blogs etc.)

Blended Learning: Use of Online courses, videos, documents.

LMS should track performance of user to maintain a Leader board. It should also allocate badges to user based on overall progress.

Learning Management System Specifications:

A Available=Full Marks (2 marks) NA Not Available= Zero Marks C Customizable= 1 mark TABLE A

Sr. No Functional Requirement Description Maximum

marks

1. Functionality Design and User Interface

1.1 Should support multiple delivery methods, such as fully on-line courses, blended learning courses, skill- upgrading courses, certification courses

2

1.2 Should allow for searchable content. 2

1.3 Should support to import and manage content. 2

1.4 Should support for large files up to 100 MB 2

1.5

Should support integrated authoring tool for creation of eLearning content. The details of integrated authoring tool should be provided by bidder in their response

2

1.6 Solution can tag content items with metadata. 2

1.7 Should be convenient to use. It should have web based graphic interface.

2

1.8 Customizable Dashboard for Administrator 2

1.9 Configurable workflow/ process flow to manage easy day to day learning operations

2



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1.1 Features for marking and assigning courses as mandatory, optional, recommended for groups or individuals.

2

1.11 Application should be fully compliant with Section 508 guidelines

2

2. Features Availability

2.1 Tracking MIS and Reports in Graphs, Charts and standard formats

2

2.2 The system support accessibility of course / quiz on mobile / tablet/ laptop etc.

2

2.3 Should have blog tool and discussion forums 2

2.4 Customizable reports as per bank requirements 2

2.5 System should be able to mark attendance for trainings

2

2.6 System has an internal email tool for notifications 2

2.7 System should have integrated Web Conferencing tool.

2

2.8 System should support Webinar and video conferencing

2

2.9 System should support for the inclusion of video and audio in all elements of the LMS, including quizzes and exams.

2

2.1 System should have settings for collaboration items such as blogs, discussion forums etc.

2

2.11 The system can integrate with library including digital (external access subscription) services and systems.

2

2.12 The system has gamification ability such as Leader Board and Badges to User

2

2.13 System should support defining learning path based on competency and skill gap assessment

2

2.14 Admin dashboard: admin should be able to apply filters before fetching out report, can select users and courses.

2

2.15 Ability to export report data in various portable formats

2

2.16 System should support blended learning. Admin should be able to create lesson plans and attach resources such as pdfs, excels etc.

2

2.17 User Profile/ Hierarchy Management as available in HRMS.

2

3. Learning & Reporting

3.1 Sending communication to learner via E-mail on different events like launch of new course, registration, due date etc.

2

3.2 Sending communication to learner via SMS on different events like launch of new course, registration, due date etc.

2

3.3 Automatic email to management where courses have not been attended or completed.

2



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3.4

Feature for publishing catalogues/ training plan based on various criteria like vertical / department specialization area, location, learner‟s profile position etc

2

3.5 Access to course catalogue should be manageable based on user profile.

2

3.6 Ability to attach files and notification to courses. 2

3.7 System should support Assessment Engine 2

3.8

System should support all question types such as MCQ, randomization of questions, uploading of list; Fill in the blanks, Matching, Jumbled, True/False, Descriptive, etc.

2

3.9 System should have to create global question bank 2

3.1 System should have provision of creating quizzes, assessments either from global question bank or from authoring tool or both

2

3.11 Tests should be configurable for number of attempts, revisits by learner, Weightage attach to each question marking.

2

3.12 System should have provision of Negative marking as per Bank need, if required.

2

3.13 System has ability to integrate all gradable course content with a rubric (with note of explanation).

2

3.14 System support for the export of grades of learners to excel.

2

3.15 System should support to create, map and track learning outcomes.

2

3.16 System should support to track and view learner usage trail records

2

3.17 System should allow admin to align course, program and / or institutional level learning outcomes to assignments,

2

3.18

The system should support employee‟s performance evaluation tools, activity reports, and automated alerts / notifications based on instructor-defined performance metrics.

2

3.19

System should support to award credit scores in APAR (Performance review in HRMS) for passing of mandatory certification courses for the role within a financial year. Other courses be updated in employees Bio-data with scores and level of skill in the role & vertical.

2

3.2 System should be capable to aggregate and report on at both the individual and course level for instructors and for administrators.

2

3.21 System should be capable for conducting survey / feedback on various matters from the employees.

2

3.22 Learners should be able to rate the course once completed

2

3.23 Learners should be able to see any comment from experts at course level

2



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3.24 System should provide suggested courses/articles/blogs from the course library related to the topic

2

4. Course enrolment, Registration and Administration

4.1 Enrolment should be self as well as administrator/ authorized person approval based

2

4.2 Support bulk registration/enrolments through input from external sources.

2

4.3 Support for automatic account creation after syncing with HRMS.

2

4.4 The system should be flexible and expandable storage parameters by user type.

2

4.5

The system should have the ability to assign multiple roles (such as participant, instructor, administrator, supervisor, reporting manager, faculty/ Guest speaker(internal & external), Subject matter experts etc and that these can be vary by course.

2

4.6 The system should have provision for archiving and storing old courses

2

4.7 The system should have the ability to integrate with plug-ins and third party tools.

2

4.8 The system should supports Sharable Content Object Reference Model (SCORM) 1.2 and 1.3

2

4.9 The system should be fully Compliant with section 508 guidelines

2

4.1 System should allow the user to customize the look of the display (color, size and so on)

2

5. Mobile Application

5.1 Supports offline or disconnected learning with dedicated mobile app

2

5.2 Mobile application should Launch courses content directly from the web

2

5.3 Mobile application should have role based features for learners, managers, Trainers.

2

5.4 Learners will be able to participate in discussions forums, like, share comment to the forums.

2

5.5 Supports fully responsive User Interface on all screen sizes and devices

2

6. Classroom training

6.1 System should provide provision for end to end classroom training management

2

6.2 System should be able to bulk upload trainings 2

6.3 System should be able to manage inventory for class room training, mark attendance, manage waitlist

2

6.4 System should be able to manage classroom training budgets and generate reports

2

6.5 System should give notification to learner for new trainings

2

6.6 System should be able to insert calendar in outlook for upcoming trainings for learner

2



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6.7 System should allow learner to receive feedback from manager and view past training records

2

7. Skill and Competency Management

7.1 System should be able to create skill and competency bank

2

7.2 System should be able to map skill/competencies to job profiles

2

7.3 System should be able to map skills and competencies with courses

2

7.4 System should allow user to view skill and competencies as per job role and conduct self-analysis

2

8. Domain Management

8.1 System should allow creation of multiple tenants 2

8.2 Individual tenants can have their own UI(Logo, background images for learners, colour scheme, language)

2

9. Technical Specification

9.1 Bilingual interface in English and Hindi and any language scheduled in Indian Constitution

2

9.2 Automated periodic replication of data from production to DR for near Zero data loss

2

10. Installation & Administration

10.1 It will be hosted on IDRBT community cloud infrastructure.

2

10.2 Application for mobile and tablets (android, iOS etc.) 2

10.3 Ease of customization of LMS as per bank requirement

2

10.4

The administrator should have the rights to manage the entire application. Roles like author, instructor, training manager, training coordinator etc can be assigned by administrator.

2

10.5 Should be flexible, modular and expandable to accommodate future upgradation / modifications.

2

10.6 Only authorized users should be allowed to edit courses or documents from content repository.

2

TOTAL (A) 176

TABLE B – Learning Content Management System (LCMS):

11. Content Management Requirements

Sr. No. General Requirements Maximum

marks

11.1

Development of interactive e-courses with features like interactive games/ graphics. Should be SCORM compliant (SCORM 1.2, SCORM 1.3 and Latest versions of SCORM)

2



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11.2 Content to be developed in Adobe Captivate/Articulate or any available latest authoring tool with mix of simulation/animation etc. with learning tracking facility.

2

11.3 The content should be multi-lingual (Hindi, English etc.) with language selection option at learner or student end.

2

11.4 Audio in mechanical (Indian Voice/Accent/Dialect) or Human Voice (Indian Voice / Accent / Dialect) as per requirements.

2

Course functionality

11.5 A fast track „option for users that allows the user to have a quick overview of the course.

2

11.6 A deep dive„ option that allows the user to go through each module in detail

2

11.7 Content should be developed with an option to convert Video of the Content into PPT to support lower bandwidth.

2

11.8 Content buffering should be on first page/slide only. Content should be compatible for all platforms (Web, App, Internet, Intranet).

2

11.9 Content of App should have the facility of Zoom in-out, Change Orientation, auto slider etc.

2

11.1 Content Management should support content editing. 2

11.11 Ability to search across pages and courses 2

11.12

Contents should facilitate skillful learning and created in such a way to test the intelligence of the learner and make available course content accordingly. (Artificial Intelligence should be available in the Content).

2

TOTAL (B) 24

Training Requirements

Training to OBC staff (max. 20) at OBC‟s Location, with complete knowledge transfer for handling the application.

Vendor is also required to impart 1 week mandatory training, every year during the contract period of 5 years, to OBC‟s staff (max.20) at OBC‟s Location (Delhi/NCR). Manuals Required

1. Learner /Student/User Manual 2. Administrator manual

Learning Content Management System (LCMS) Specifications:

Content Development Process should be done under BOT (Build-Operate-Transfer) Model onsite. Knowledge sharing /Training should be provided to OBC„s Staff for creating all types of content.

Output LCMS

100 hours of learning content in one year; minimum 8 hours of learning content development in each month for one year. However, Bank may extend the period for next



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six months on the same rate for another 50 hours as per Bank‟s requirement at Bank‟s own discretion for Content Development.

a. Design and Development of SCORM compliant e-Learning modules, e-Capsules, purely responsive formats based on the content that would be provided by the Bank. The design and content will be developed in collaboration with the Bank. The Bank will own it and will have all Intellectual Property Rights on it, exclusively.

b. Provision of support in deployment of the e-Learning modules, e-Capsules which should be compatible to Banks‟ LMS.

c. Modification/ updation of the e- modules, e-Capsules, from time to time.

d. Compliance with the guidelines to be prescribed by the Bank

e. Content development source code, Power Point presentation, articles, cases, slides, voice recording, text, PDF documents etc. should be given to the bank with required system documentation.

CONTENT DEVELOPMENT STANDARDS

The Bidder has to follow industry best practices while the Bank will give performing assignment as from time to time.

L1 L2 L3

Knowledge provided in linear format, one idea after another

Use of Scenarios as analogies and basic animations

Case Study, simulations and game based learning

Simple slides/ 2-D graphics, and standard GUI

2-d graphics , animation and option of audio narrative

Advanced simulations, Audio and video.

Engagement achieved through click only

Engagement achieved through point and click, drag/drop etc.

Highly interactive and engaging like games, e learning etc

Bank is considering 100 hours of eLearning Contents Development in various modules of banking related / core banking areas, as decided by the Bank.

CONTENT DEVELOPMENT METHODOLOGY Various steps involved in the content development for e-modules/e-Capsules/ areas under: Step-I: Raw Content will be provided by the Bank to vendors/Service Provider. Step-II: Vendor will restructure and rewrite contents in text format. PPTs, Graphs, pictures, PDF files (by chunking and taking care of Learning Objectives, concepts etc) to suit the approach to be adopted for development of the e-Learning modules. Vendor (represented by Instructional Designers and developers) shall hold a workshop/ discussion with the officer in-charge E-learning to finalise e- modules layout (Course Specification Document- CSD) indicating table of contents, number of screens, e-Learning modules duration, dominant learning style and Level of user Interactivity etc., Project schedule, Roles and responsibilities of the vendor and the officer in charge e-learning ; etc. The restructured contents finalised after discussion with officer in charge E-learning will be part of the CSD. After approval of the Course Specification Document,



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work will be awarded to the vendor, who will advise the officer in charge e-learning, the details of their Project Team associated with the e- modules. Step-III: Submission of Storyboard by the vendor. It should comprise Screen-wise content and other features details, in visual format (Power-point presentation etc.) to enable the officer in charge e-learning to appreciate the presentation of the content and also in text format for making corrections, if any. After submitting the story board to the officer in charge E-learning, the representative of the vendors will have to meet / contact the officer in charge E-learning, with prior appointment, for confirmation of the story board. Step-IV: After approval of the Storyboard, Alpha (Draft) version of the modules with sample voiceovers (to enable the officer in charge E-learning to select the appropriate one) will be developed and delivered by the vendors. After approval /selection of the voice over by the E- learning officer in charge the Beta version of the e- modules, with total voice over (which will be equivalent to completed version of the e- modules) will have to be submitted to officer in charge E-learning and e-learning department. The Beta version will be checked for quality by officer in charge E-learning and e-learning department. This version will be subjected to dry run and feedback will be collected from a sample of users and will be approved by the officer in charge E-learning. Step-V: After approval of the Beta version by the officer in charge E-learning, Bank‟s LMS Test version will have to be developed and delivered by the vendor to e-learning department. This LMS version will be checked by e-learning department for its portability and technical quality. The improvements required if any, have to be carried out by the vendor. Step-VI: After incorporating the required improvements (which may be in any area e.g. design, contents, presentation and technical etc.) observed by e-learning department and officer in charge E-learning if any, the final Gold version in downloadable form, banks approved Course specification document including input contents, story board (both PPT / word and PDF versions) source code and system documentation will have to be delivered by the vendor to the Bank. Step-VII: Deployment support, if needed in view of the Bank‟s LMS specific requirements etc., modification / customisation will have to be provided by the vendor. INFRASTRUCTURE :- The Vendor needs to size the infrastructure (hardware, Operating System, Database and other related software) for the solution based on the volume and the growth indicated in the Annexure X – Technical Requirement (Project Scope) and propose the same as part of their technical bid submission. Bank shall procure separately the required infrastructure on IDRBT cloud based on the sizing proposed by the vendor. However the complete implementation, maintenance and support of the Learning Management System shall be part of the scope of the vendor.

As part of the technical proposal the vendor needs to provide complete Learning Management System details. The vendor must design the solution with high availability &



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secure Infrastructure in Data Centre and Disaster Recovery site as per Industry accepted security standards and best practices.

The Application & Database should be sized for Active-Active cluster at DC & Active-Active cluster at DRC so that the solution and infrastructure can fall back on each other. DC - DR replication should be available as part of the solution so that in case of switch over the complete solution should seamlessly work.

Vendor needs to accordingly provide as part of the technical solution the complete IT infrastructure details like Server, Operating System, Database, Storage Capacity,Bandwidth and other related requirements. The details should include. 1) List of Operating Systems (OS) and Databases (DB) on which the solution is compatible along with licensing details of the OS and DB for the complete solution (Including installations and replication at DC and DR). 2) Details of redundancy and security setup 3) Application architecture along with a detailed diagram including the infrastructure setup. 4) Implementation procedure / road map. 5) Server and related infrastructure specification required as part of the solution implementation (for both UAT and production phase) along with the quantity to meet the Bank‟s redundancy requirement. The Vendor is responsible to arrive at the sizing independently based on the volume and the growth indicated in the Annexure X – Technical Requirement (Project Scope). The Bank is not responsible for any assumption made by the Vendor with respect to the sizing. In the event the sizing proposed by the Vendor does not meet the performance / service levels of the Bank the Vendor will at their cost carry out the necessary upgrades / replacements. The Bank has the right to deduct / recover from the vendor the required additional expenses which Bank may incur on account of such upgrades / replacements. Other conditions:

a. The Solution should be in-house customizable as per Bank„s day-to-day requirement.

b. The bidder will provide services for implementation / rolling-out /support /

maintenance of proposed solution LMS for a minimum period of 5 years from Go Live (UAT Acceptance) date with option of further extension of contract for another 2 years at the same rate, provided services of the vendor is satisfactory and at Bank„s sole discretion. Bank reserves right to cancel the contract at any time in case system fails to meet any of the requirements as mentioned in the RFP.

c. End-to-end solution (inclusive of technology, support services & contents) would

be procured from one eligible Vendor for a defined period as decided by the Bank.

d. No right to employment in the Bank shall accrue or arise, at any point of time under this project.



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e. In the event of exit of the Vendor from the project, all the records, contents & confidential information as would be required by the bank shall be handed over to the bank in form (as prescribed by the Bank at the time of exit). Prior three months‟ notice is required to be given by the vendor.

f. Bank reserves the right to terminate the contract with one month„s notice to the

concerned person of the Company.

g. A detailed agreement will be done with the vendor specifying roles and responsibilities.

h. Successful bidder has to enter into Source Code ESCROW agreement with the

bank for all the proposed software applications.

i. The offered solution shall be subjected to Bank„s audit through off-site and on-site scrutiny at any time during the contract period. The auditors may be internal/ external. The vendor should provide solution for all the audit points raised by bank„s internal/external team/ third party during the contract period without any extra cost.

j. Successful Vendor shall not provide the same solution as offered to OBC to any

other Organization (having same or higher volume of users) at any rate lower than that charged from OBC, failing which the vendor will provide the same discount to OBC. In case the payments have already been made, the difference amount shall be recovered from the PBG (Performance Bank Guarantee) or to be deposited by the vendor.



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INSTRUCTION TO BIDDERS

1. POWER OF ATTORNEY/ AUTHORIZATION LETTER OR RESOLUTION COPY In case of company, Board Resolution in favor of authorized person and Power of Attorney/Authorization letter in case the authorized person delegates authority to another person of the company to sign the Bid documents is to be submitted with bid documents.

2. COST OF BIDDING The Bidder shall bear all the costs associated with the preparation and submission of their bid and Oriental Bank of Commerce, hereinafter referred to as The Purchaser, will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

3. BIDDING DOCUMENT The Bidder is expected to examine all instructions, forms, terms and conditions in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidders„ risk and may result in the rejection of its bid without any further reference to the bidder. Bidder should submit the bid strictly as per RFP failing which bid will be rejected as non-responsive.

4. LANGUAGE OF BIDS The bids prepared by the bidder and all correspondence and document relating to the bids exchanged by the bidder and OBC, shall be written in English.

5. AUTHENTICATION OF ERASURES/ OVERWRITING ETC. Any inter-lineation, erasures or overwriting shall be valid only if the person(s) signing the bid initial(s) them.

6. AMENDMENT OF BIDDING DOCUMENTS At any time prior to the last Date and Time for submission of bids, the Bank may, for any reason, modify the Bidding Documents through amendments at the sole discretion of the Bank. All amendments shall be uploaded on the Bank„s websites (www.obcindia.co.in and https://obc.eproc.in ) and will be binding on all those who are interested in bidding. In order to provide prospective Bidders a reasonable time to take the amendment if any, into account in preparing their bid, the Bank may, at its discretion, extend the deadline for submission of bids.

7. VALIDITY OF BID DOCUMENT Bid shall remain valid for 180 days from last date of submission of bid prescribed by OBC. A bid valid for shorter period shall be rejected by the purchaser as non- responsive.



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8. LATE BID

Any bid received by the Bank after the deadline for submission of bid will be rejected.

9. BID CURRENCY Prices shall be expressed in the Indian Rupees (INR) only.

10. BID EARNEST MONEY Bidder has to submit the Earnest Money Deposit (EMD) of Rs. 5.00 lacs, which may be submitted in the form of Bank Guarantee (BG) favoring ORIENTAL BANK OF COMMERCE, PAYABLE AT GURUGRAM and filling all the details as per specified Performa at Annexure-XIII The BG should have a validity of 180 days from the last date of submission of bid. Bidder shall be responsible to get the same extended for a further period of 6 months, if required by the bank. The BG should be submitted at the time of bid submission. In case of unsuccessful bidder, EMD will be returned on completion of tender process and no interest will be payable on EMD amount. The EMD will be returned to the successful bidder upon submission of Performance Bank Guarantee and no interest will be payable on EMD amount.

11. BIDDING PROCESS (TWO STAGES) For the purpose of the present job, a two stage bidding process will be followed. The response to the present tender will be submitted in two parts: • Technical bid • Commercial bid The bidders will have to submit the technical bid in banks e-procurement system as well as in hard copy and commercial bids in only online form through bank„s e- procurement system.

a) TECHNICAL BID

TECHNICAL BID will contain all the supporting documents regarding eligibility criteria, scope of work, Technical aspects, Compliance statement and Terms & Conditions etc. mentioned in the RFP, and NOT contain any pricing or commercial information at all. Technical bid documents with any commercial information will be rejected. In the first stage, only TECHNICAL BIDs will be opened and evaluated. Only those bidders confirming compliance to all the terms & conditions of RFP document shall be short-listed for commercial stage.

b) COMMERCIAL BID In the second stage, the COMMERCIAL BID of only those bidders will be opened, who score at least 75% marks in Technical Evaluation.



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12. SUBMISSION OF BID

Bidders are required to strictly submit their bids in electronic form using the e- procurement system at https://obc.eproc.in the Bank by using their digital certificates of class II and above (both encryption and signing). All the interested bidders should register themselves in the e procurement system https://obc.eproc.in for submitting the bids online, if they have not done earlier. The RFP document and further corrigendum, if any can also be downloaded from bank„s website www.obcindia.co.in. Bids received after closing of the bid in the e-procurement system are summarily rejected without any reason. The commercial bid should be submitted online only.

All the technical supporting documents should be submitted manually before the final date & time of bid submission at the following address:

The Asstt. General Manager(IT) Oriental bank of Commerce, 1st Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001

At the time of physical submission of bid, bidder has to show acknowledgement of e-mail received after completion of the bid submission in proof of having submitted the bid online.

13. DEADLINE FOR SUBMISSION OF BID

Bids must be submitted not later than the specified date and time mentioned in the Bid Document. If the specified date of submission of bids being declared a holiday for the Purchaser, the bids will be received up to the specified time in the next working day. The Purchaser may, at its discretion, extend this deadline for submission of bids by amending the bid documents, in which case all rights and obligations of the Purchaser and bidders, previously subject to the deadline, will thereafter be subject to the deadline extended. All the correspondence should be addressed to Bank at the following address.

The Asstt. General Manager(IT) Oriental bank of Commerce, 1st Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001

Please note that for any assistance needed in regard to bank‟s e-Procurement Site https://obc.eproc.in. Bidders may contact below:- C1 India Pvt. Ltd Plot no. 301, 1st Floor, Udyog Vihar Phase - 2, Gurugram (India) – 122015 Tel: +91-124-4302000 Help Line: +91-124-4302033/ 4302036/4302037



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Email: [email protected] Website: http://www.c1india.com

14. MODIFICATION AND/OR WITHDRAWAL OF BIDS

Bids once submitted will be treated as final and no further correspondence will be entertained on this. No bid will be modified after the deadline for submission of bids. No bidder shall be allowed to withdraw the bid, if bidder happens to be successful bidder.

15. CONTACTING THE PURCHASER Any effort by a bidder to influence the Purchaser in evaluation of the purchaser's bid, bid comparison or contract award decision may result in the rejection of the Bidders' bid. Purchaser's decision will be final and without prejudice and will be binding on all parties.

16. TERMS AND CONDITIONS OF THE BIDDING FIRMS The bidding firms are not allowed to impose their own terms and conditions to the bid and if submitted, will not be considered as forming part of their bids. The bidders have to ensure that there is no deviation in filing response to the RFP and that the Bank will have the right to disqualify the bidder in case of any such deviations.

17. LOCAL CONDITIONS The bidder must acquaint himself with the local conditions and factors, which may have any effect on the performance of the contract and / or the cost.

18. PURCHASER’S RIGHT TO ACCEPT OR REJECT ANY BID OR ALL BIDS The Purchaser reserves the right to accept or reject any bid and annul the bidding process or even reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or without any obligation to inform the affected bidder or bidders about the grounds for the purchaser's action. The Purchaser reserves the right to accept or reject any technology proposed by the vendor The Purchaser reserves the right to select more than one vendor keeping in view its large requirements.

19. BID OPENING AND EVALUATION

In the event of the specified date of bid opening being declared a holiday for purchaser, the bids shall be opened at the specified time and place on next working day. In the first stage, only TECHNICAL BID will be opened and evaluated.

Those bidders satisfying the technical requirements as determined by the Bank and accepting the terms and conditions of this document shall be short-listed.

The Bidders are required to present at Delhi/NCR location as per Bank„s discretion, of their Offered Solution during Technical Evaluation Process which would be marked as per Table A & Table B of Annexure-X and Table C of Annexure-III for ascertaining the Technical Specifications of the offered Solution. The Bidders will have to arrange for the Demo within 7 days from the



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receipt of such communication from the Bank, failing which, their bids will be rejected.

In the second stage, the COMMERCIAL BID of only those bidders will be opened who score at least 75% marks in Technical Evaluation. (Total of Table A+B of Annexure-X + Table C of Annexure-III)

The Purchaser reserves the right to accept or reject any technology proposed by the bidder without assigning any reason thereof. Decision of the Purchaser in this regard shall be final and binding on the bidders

20. CLARIFICATIONS OF BID

To assist in the examination, evaluation and comparison of bids the purchaser may, at its discretion, ask the bidder for clarification and response shall be in writing and no change in the price or substance of the bid shall be sought, offered or permitted.

21. PRELIMINARY EXAMINATION The Purchaser will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required information have been provided as underlined in the bid document, whether the documents have been properly signed, and whether bids are generally in order. Bids from partner without proper authorization from the manufacturer/OEM/OSD (Original Solution Developer) as per authorization form shall be treated as non- responsive. Arithmetical errors will be rectified. If there is any discrepancy between words and figures, the amount in the words will prevail. The bid determined as not substantially responsive will be rejected by the purchaser and may not be made responsive by the bidder by correction of the non-conformity. The purchaser may waive any minor informality or non-conformity or irregularity in a bid, which does not constitute a material deviation, provided such waiver does not prejudice to affect the relative ranking of any bidder.

22. REVELATION OF PRICES The prices in any form or by any reasons should not be disclosed in the technical or other parts of the bid except in the commercial bid. Failure to do so will make the bid liable to be rejected.

23. EVALUATION AND AWARD CRITERIA After opening of the technical bids, all the documents and annexure (except commercial documents/offer) will be evaluated first by the bank. First Stage: 1. First of all, the EMD of all bidders will be verified. If any EMD is not found in order,

that bidder will be declared ineligible for further participating in the tender process.



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2. After that technical bids will be evaluated based on the eligibility criteria defined in the RFP document. Technical bids of only those bidders satisfying ALL the eligibility criteria will be further evaluated.

3. Bidders satisfying all eligibility criteria will be required to present a Demo of their

Offered Solution, at location as per Bank„s discretion , during Technical Evaluation Process which would be marked as per as per Table A & Table B of Annexure-X and Table C of Annexure-III for ascertaining the Technical Specifications of the offered Solution. The Bidders will have to arrange for the Demo within 7 working days at location as per bank„s discretion from the receipt of such communication from the Bank, failing which, their bids will be rejected.

4. The Final Technical score of the bidder will be as follows:

Technical Score (TS)=(Marks scored by the bidder/ Total Marks)*100 Total Marks=Table A(176) + Table B(24) + Table C(100) =250

Second Stage: In the second stage, the COMMERCIAL BIDs of only those bidders will be opened who score minimum 75% marks in the Technical Evaluation Stage. The Bank reserves the right to accept or reject any technology/module/functionality proposed by the bidder without assigning any reason thereof. Decision of the Bank in this regard shall be final and binding on the bidders. The commercial bids shall be opened in the presence of shortlisted bidders, if they choose to be present. If the shortlisted bidders or their duly authorized representatives are not present, the commercial bids will be opened in their absence. The intimation of time and place of opening of commercial bids will be informed separately to the shortlisted bidders only.

After opening of commercial bids as above, commercial evaluation & verification of the bids will be done by the Bank. Thereafter, Bank shall hold Reverse Auction for commercially eligible bidders. The procedure for the same is available below :-

REVERSE AUCTION:- Bank would conduct a reverse auction process on the commercials submitted by the Bidders. As such it is necessary that authorized personnel of the firm or organization sign the Bid. The designated personnel should be authorized by the organization or by a senior official of the organization having authority to do so. The same person or a different person should be authorized, who should have digital certificate issued in his name and should have authority to quote bid amount in the commercial bid and also quote offer price during on-line reverse auction. The details of digital certificate like Name, Digital Key details, issuing authority and validity etc. to be provided. The certified xerox copy of necessary Original resolutions/authority/ Power of Attorney having authority to authorize the person to submit Bid documents/participate in on-line sealed bid and reverse auction, on behalf of the company shall be enclosed. The proposal must be accompanied with an undertaking letter duly signed by the designated personnel providing a Bid commitment.



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Bidders to note that:

In case there is variation between numbers and words; the value mentioned in words would be considered.

The Bidder needs to provide unit costs for all components and services; unit rates would be considered for the TCO in case of any discrepancy in the totaling, modifications, addition, correction, etc.

In the event the Bidder has not quoted or has omitted any mandatory product or service required for the Solution it shall be deemed that the Bidder shall provide the product or service at no additional cost to the Bank.

Please note that in the event of the Bank conducting a normalization exercise, the bids submitted after normalization would be evaluated as per the evaluation methodology in Commercial Evaluation. Bidder categorized as L1 after the Normalization process would be deemed as the Successful Bidder.

BUSINESS RULES FOR REVERSE AUCTION :-

Applicability

1. Reverse auctions are carried out under the framework of rules that are called Business Rules.

2. All bidders participating in reverse auction shall understand/accept and give an undertaking for compliance with the same to the Bank in the prescribed format Annexure-XIX Compliance Statement for Reverse Auction.

3. Any bidder not willing to submit such an undertaking shall be disqualified for further participation in the e-procurement process in question.

Service Provider’s Roles and Responsibilities

1. In all Reverse Auctions conducted by the Bank through a Service Provider, the Bank

shall enter into a separate agreement clearly detailing the role and responsibilities of the service provider hosting the web portal for the Reverse Auction.

2. For creating necessary obligations and rights, the service provider will also enter into an agreement with each vendor as per a format designed by him for this purpose. The bank shall resolve any points/ issues concerning such agreement of vendor and service provider.

3. While a Service Level Agreement (SLA) by the Bank with the Service provider is an arrangement for smooth and fair conduct of the Reverse Auction, the Bank shall be directly responsible to vendors for fair and transparent conduct of the Reverse Auction.

4. The service provider at the end of each Reverse Auction shall provide the Bank with all details of the bids and reports of reverse auction.

5. The service provider shall also archive the data pertaining to the Reverse Auction for a minimum period of 3 years.

6. Service provider/ auctioneer is responsible for conduct of adequate training to all technically qualified bidders representing the reverse auction and bidding process.

7. Whenever it is considered necessary and asked by the bidders or as decided by the auctioneer or by Bank a mock auction may also be conducted for the benefit of all concerned.



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8. Authorized representative of the bidder name in the authorization letter given by the vendor shall be given unique user name, password by the service provider/ auctioneer.

9. Each bidder shall change the password and edit the information in the registration page after receipt of initial password.

10. All the bids made from the log-in ID given to bidder shall ipso-facto be considered bid made by the vendor/ bidder to whom log-in ID and Password were assigned by the service provider/ auctioneer.

11. Any bid once made through registered log-in ID/ password by the vendor/ bidder cannot be cancelled. The bidder, in other words, is bound to sell the “Offering” as per the RFP at the bid price of TCO.

12. Every successive bid by the bidder/ vendor being decremental bidding shall replace the earlier bid automatically and the final bid as per the time and log-in ID shall prevail over the earlier bids.

13. The Bank shall conduct the reverse auction as per the Standard English reverse auction, that is, two bids can have identical price from two different vendors. In other words, there shall never be a “Tie” in bids.

Copy of Business Rules

1. The Bank shall supply copy of the Business rules to any vendors/ bidders, wishing to

participate in the reverse auction. Such request shall be made in writing to the Bank by an authorized representative of the vendor.

2. For any dispute concerning the Business Rules, the hard copy of Business Rules supplied by the Bank for the reference of reverse auction process will alone be considered final and bidding.

Compliance/ Confirmation from Bidder

The bidders participating in reverse auction shall submit the following documents duly signed by the same Competent Authority who signs the offer document in response to the RFP: 1. Acceptance of Business Rules for Reverse Auction and undertaking as per format in

Annexure-XIX- Compliance Statement for Reverse Auction. 2. Agreement between bidder and vendor supporting the reverse auction. (This format

will be given by the OEM prior to Reverse Auction.) 3. Letter of authority authorizing the official/s to take part in Reverse Auction as per

format in Annexure-XX- Letter of Authority for participating in Reverse Auction.

Copy of Business Rules

1. The Bank shall supply copy of the Business rules to any vendors/ bidders, wishing to

participate in the reverse auction. Such request shall be made in writing to the Bank by an authorized representative of the vendor.

2. For any dispute concerning the Business Rules, the hard copy of Business Rules supplied by the Bank for the reference of reverse auction process will alone be considered final and bidding.



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Training to Bidders

1. The Bank will facilitate training for participation in reverse auction either on its own or

through the service provider for the reverse auction. 2. On request where necessary, the Bank/service provider may also conduct a „mock

reverse auction‟ to familiarize the bidders with reverse auction process. 3. Any bidder not participating in training and/or „mock reverse auction‟ shall do so at his

own risk and it shall not be open for him to make any request / complaint / grievance later.

4. Each bidder shall participate in the training at his / their own cost. 5. The venue, date, time etc. for training in reverse auction shall be advised at the

appropriate time. 6. No request for postponement/fixing of training date/time shall be entertained which in

the sole view and discretion of the Bank might result in any avoidable delay to either the Reverse Auction or the whole process of selection of bidder.

Date/ Time of Reverse Auction

1. The date and time of commencement of reverse auction as also duration of „Reverse

Auction Time‟ shall be communicated at least 4 working Days prior to such auction date.

2. Any force majeure or other condition leading to postponement of auction shall entitle the Bank to postponement of auction even after communication, but the Bank shall be obliged to communicate to all participating bidders the „postponement‟ prior to commencement of such „Reverse Auction‟.

Conduct of Reverse Auction

1. The reverse auction shall be conducted on a specific web portal meant for this

purpose. 2. The reverse auction may be conducted by the bank itself or through a service

provider specifically identified/ appointed/empanelled by the bank.

Proxy Bid

1. Through proxy bid provision in the reverse auction process the bidder can feed in the

system directly in strict confidence the initial quote and the lowest bid amount up to which it intends to quote. The system automatically will keep his quote decreasing by specified decremented amount as soon as some other bidder quotes amount lower than proxy bidder‟s last quote. This obviates the need for him participating in the bidding process until the proxy bid amount is decremented reached by other bidders.

2. When proxy bid amount is reached, the bidder has an option to revise the proxy bid amount or he can prefer to start participating in bidding process.

3. The service provider will clarify the proxy bidding in detail during training.



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Transparency in Bids

All bidders will be able to view during the auction time the current lowest price in portal. Bidder shall be able to view not only the lowest bid but also the last bid made by him at any point of time during the auction time.

Masking of Names

1. Names of bidders shall be masked in the Reverse Auction process and bidders will

be given suitable dummy names. 2. After completion of Reverse Auction, the service provider / auctioneer shall submit a

report to the Bank with all details of bid and the original names of the bidders as also the L1 bidder with his / their original names.

Start Price

Reverse Auction process shall commence at and after electronically loading the “START-UP PRICE” on the basis of lowest TCO arrived at after evaluation of commercial bids or lesser than the lowest TCO arrived as evaluated by the Bank. The Bidder shall start the reverse auction at the START-UP-PRICE.

Decremented Bid Value

1. The bidders shall be able to bid only at a specified decrement value or multiple

thereof and not at any other fractions. The Bid decrement value for each line item or for composite value shall be decided by the Competent Authority depending upon the nature and the value of equipment being procured.

2. For the sake of convenience of bidders, the web portal shall display the next possible decremented value of bid. It is not, however, obligatory on the part of bidders to bid at the next immediate lower level only. (That is, bids can be even at 2 or 3 lower levels than the immediate lower level.)

Reverse Auction Process

1. In order to reduce the time involved in the procurement process, Bank shall be

entitled to complete the entire procurement process through a single Reverse Auction or in multiple Reverse Auctions by splitting the items of bill of material in different lots.

2. The Bank shall however, be entitled to cancel the Reverse Auction process, if in its view procurement or Reverse Auction process cannot be conducted in a fair manner and / or in the interest of the Bank.

3. The successful bidder shall be obliged to provide a Bill of Material at the last bid price at the close of auction.

Changes in Business Rules

1. Any change in Business Rules as may become emergent and based on the

experience gained may be made by the Bank.



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2. Any/ all changes made in Business Rules shall be uploaded in the Website of the Bank www.obcindia.co.in immediately.

3. If any reverse auction process has commenced and a change is made in Business Rules, it shall be informed immediately to each bidder participating in the Reverse Auction and his concurrence to/ acceptance of the change shall be obtained in writing by the Bank.

Don’ts applicable to the Bidders

1. No bidder shall involve himself/ itself or any of his/ its representatives in any price

manipulation directly or indirectly with other bidders. If any such practice comes to the notice, Bank shall disqualify the bidders concerned from the e-Procurement process.

2. Bidder shall not disclose details of his bids or any other details concerning Reverse Auction process of the Bank to any other third party without specific permission in writing from the Bank.

3. Neither Bank nor service provider/ auctioneer can be held responsible for consequential damages such as no power supply, system problem, inability to use the system, loss of electronic information, power interruptions, UPS failure, etc. at bidders‟ place. (Bank shall, however, entertain any such issues of interruptions, problems with open mind and fair degree of transparency in the process before deciding to stop or extend the auction.)

Errors and Omissions

On any issue or area of material concern respecting e-Procurement not specifically dealt with in these Business Rules, the decision of the bank shall be final and binding on all concerned.

Procedure for Finalizing Bidder:

Tender will be awarded to the bidder whose quote is lowest after the reverse auction, i.e. L1 bidder in commercial bid as per Annexure – XII.

24. GOVERNING LAW AND DISPUTES

All disputes or differences whatsoever arising between the parties out of or in relation to the construction, meaning and operation or effect of these Tender Documents or breach thereof shall be settled amicably. If, however, the parties are not able to solve them amicably, the same shall be settled by arbitration in accordance with the applicable Indian Laws, and the award made in pursuance thereof shall be binding on the parties. The Arbitrator/Arbitrators shall give a reasoned award. Any appeal will be subject to the exclusive jurisdiction of courts at Delhi. The bidder shall continue work under the Contract during the arbitration proceedings unless otherwise directed in writing by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the arbitrator or the umpire, as the case may be, obtained. The venue of the arbitration shall be Delhi.



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25. USE OF CONTRACT DOCUMENTS AND INFORMATION The bidder shall not, without the banks prior written consent, make use of any document or information provided by the Bank or otherwise except for purposes of performing contract. Successful bidder will have to sign Bank„s approved Non-Disclosure Agreement (NDA).

26. CONFIDENTIALITY The bidder shall not, without the written consent of the Bank, disclose the contract or any provision thereof, any specification, or information furnished by or on behalf of the Bank in connection therewith, to any person(s). The bidder shall not, without the prior written consent of the Bank, make use of any document or information except for purposes of performing this agreement.

27. PATENTS RIGHTS The supplier shall indemnify the purchaser against all third party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods, or any part thereof in India. - The supplier shall, at their own expense, defend and indemnify the Bank against all third party claims or infringement of intellectual Property Right, including Patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India or abroad. - The supplier shall expeditiously extinguish any such claims and shall have full rights to defend itself there from. If the Bank is required to pay compensation to a third party resulting from such infringement, the supplier shall be fully responsible therefore, including all expenses and court and legal fees. - The Bank will give notice to the Supplier of any such claim without delay, provide reasonable assistance to the Supplier in disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim. - The supplier shall grant to the bank a fully paid-up, irrevocable, non-exclusive license throughout the territory of India or abroad to access, replicate and use software (and other software items) provided by the supplier, including-all inventions, designs and marks embodied therein in perpetuity.

28. ASSIGNMENT The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the Purchaser„s prior written consent.

29. FORCE MAJEURE Notwithstanding the above provisions, the successful bidder shall not be liable for penalty 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



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the control of the bidder and not involving the bidders‟ fault or negligence and not foreseeable. Such events may include, but are not restricted to, war or revolution and epidemics. If a force majeure situation arises, the bidder shall promptly notify the bank in writing of such condition and the cause thereof. Unless otherwise directed by the bank in writing, the bidder shall continue to perform its obligation under the contract as far as is reasonably practical, and shall seek all reasonable alternative means of performance not prevented by the force majeure event.

30. NON DISCLOSURE

By virtue of Contract, as and when it is entered into between the Bank and the successful bidder, and its implementation thereof, the successful bidder may have access to the confidential information and data of the Bank and its customers. The successful bidder will enter into a Non-Disclosure Agreement to maintain the secrecy of Bank„s data as per following:- • That the successful bidder will treat the confidential information as confidential and shall not disclose to any third party. The successful bidder will also agree that its employees, agents, sub-contractors shall maintain confidentiality of the confidential information. • That the successful bidder will agree that it shall neither use, nor reproduce for use in any way, any confidential information of the Bank without consent of the Bank. That the successful bidder will also agree to protect the confidential information of the Bank with at least the same standard of care and procedures used by them to protect its own confidential Information of similar importance. Without limitation of the foregoing, the successful bidder shall use reasonable efforts to advise the Bank immediately in the event that the successful bidder learns or has reason to believe that any person who has had access to confidential information has violated or intends to violate the terms of the Contract to be entered into between the Bank and the successful bidder, and will reasonably cooperate in seeking injunctive relieve against any such person. • That if the successful bidder hires another person to assist it in the performance of its obligations under the Contract, or assigns any portion of its rights or delegates any portion of its responsibilities or obligations under the Contract to another person, it shall cause its assignee or delegate to be bound to retain the confidentiality of the confidential information in the same manner as the Bidder is bound to maintain the confidentiality. This clause will remain valid even after the termination or expiry of this agreement. • That the successful bidder will strictly maintain the secrecy of Bank„s data.

31. Clarifications of Bidding Documents

A prospective Bidder requiring any clarification of the Bidding Documents may notify OBC in writing at OBC‟s address or through email ([email protected] ) any time prior to the deadline for receiving such queries as mentioned in general details. The Bidders shall submit the queries only in the format given below:




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Sl Page No. Section No. RFP Clause Query in detail

Replies to all the clarifications, modifications received through mail and email will be posted on OBC‟s website. Any modification to the Bidding Documents which may become necessary as a result of such queries shall be made by OBC by issuing an Addendum or Corrigendum, which will be hosted on OBC‟s website. Pre-bid Queries must reach us on or before 03/04/2018 by 17:00 hrs through E-

mail on [email protected]. Subject of the email containing bid queries should be

given as “Pre Bid Queries for RFP for Procurement of LMS”.




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ANNEXURE I

TERMS AND CONDITIONS

1. SIGNING OF CONTRACT The successful bidder(s) shall mandatorily enter into a Service Level Agreement (SLA), Non-Disclosure Agreement (NDA) and integrity Pact (IP) with Bank, within 30 days of the award of the tender or within such extended period as may be permitted by the bank. The letter of acceptance and such other terms and conditions as may be determined by the Bank to be necessary for the due performance of the work in accordance with the Bid and the acceptance thereof, with terms and conditions shall be contained in a Memorandum of Understanding to be signed at the time of execution of the Form of Contract. If the contract is not signed within the given period (30 days), the EMD will be forfeited after a grace period of 15 days.

The Integrity Pact envisages a panel of Independent External Monitors (IEMs) to review

independently and objectively, whether and to what extent parties have complied with

their obligation under the pact.The IEM has the right to access to all the project

document. Shri Salil Kumar Jha and Shri Subodh Kumar Goel shall be acting as the

IEM for this contract/Tender. However, Bank at its sole discretion reserves the right to

change/name another IEM, which shall be notified later.

2. DURATION OF CONTRACT

Bank will enter into contract initially for a period of 5 years for LMS (Learning Management System) only, from Go Live date with option of further extension of contract for another 2 years at the same rate, provided services of the bidder is satisfactory and at Bank„s sole discretion. The LCMS will be required for a period of only 1 (one) year for 100 hours Content Development. However the same may be extended for another period of six months for another 50Hrs content development as per the bank‟s requirement, at the same rate, at the sole discretion of the Bank, provided the services are satisfactory. The no. of such extensions (each of six months) will be the sole discretion of the Bank depending upon the services and the quality of content. Bank reserves right to cancel the contract at any time in case system fails to meet any of the requirements as mentioned in the RFP.

3. PERFORMANCE BANK GUARANTEE The successful bidder has to submit the Performance Bank Guarantee, detailed as under:

a. The successful bidder will have to submit Performance Bank Guarantee for LMS amounting to 10 % of Table A of the Commercial Bid Format (Annexure-XII) within



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one month of award of contract valid for a period of 5 years from the date of award of tender and should be extended on extension of agreement.

b. The successful bidder will have to submit Performance Bank Guarantee for LCMS

amounting to 10 % of Table C of the Commercial Bid Format (Annexure- XII) within one month of award of contract valid for a period of 15 months from the date of award of tender and should be extended on extension of agreement.

c. The Performance Bank Guarantee will be furnished for due performance of the

offered solution.

d. In case vendor submits any false information or declaration letter during the tender process or period of rate contract, Bank shall invoke the EMD/ Performance Bank Guarantee submitted by the bidder to recover penalty/damages. In case vendor fails to perform the contract, Bank shall invoke the Performance Bank Guarantee to recover penalty/damages.

e. EMD Money of unsuccessful bidders will be returned on completion of rate

approval process whereas EMD of successful bidder will be returned on submission of the Performance Bank Guarantee. No interest will be paid on EMD.

4. ACCEPTANCE OF ORDER (ORDER PLACEMENT)

Orders will be placed by the Bank. The vendor shall have to accept and acknowledge orders within 15 days from the date of order placement. Bank has a right to cancel the order and forfeit the entire EMD amount if the same is not accepted within a period of 15 days from the date of order, otherwise it will be considered as accepted.

5. PAYMENT Payment will be made as per the following schedule:

A) For Learning Management System (LMS)

1. License Cost: - 50% on completion of UAT of complete solution with all modules - 20% on GO Live of integrated complete solution - 30% after three months of GO-LIVE 2. Implementation Cost: - 50% on completion of UAT of complete solution with all modules (as per scope of

the Project). - 20% on GO Live of integrated complete solution. - 30% after three months of GO-LIVE. 3. Annual Technical Support - Payment of ATS will be made on yearly basis in advance.

B) For Learning Content Management System (LCMS) 100 hours of learning content in one year; Number of hours learning content development to be delivered in each month for one year as detailed below:-



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End of Delivery of Content

Payment to be released each month

1st Month 8 hours

As per actual hours delivered to bank.

2nd Month 8 hours

3rd Month 8 hours

4th Month 8 hours

5th Month 8 hours

6th Month 8 hours

7th Month 8 hours

8th Month 8 hours

9th Month 8 hours

10th Month 8 hours

11th Month 10 hours 12th Month 10 hours

Total 100 hours 100%

NOTE: 100% of any item is the eligible amount after deduction of Penalty, if any. In case of delayed delivery or incorrect delivery, then date of receipt of the correct and final component shall be treated as delivery date for penalty and other calculation. Bidder shall quote all the figures in numbers followed by in words enclosed in brackets in all commercial bid.

6. WARRANTY The LMS solution should have a comprehensive on-site warranty of one year after Go-live of complete software solution. Warranty should cover trouble shooting, removing bugs/errors and enhancement (if required). All upgrades / updates / new version releases will be provided during contract period free of cost. During implementation phase if any upgrades / updates / new version releases comes, it should be implemented free of cost. Vendor will ensure smooth functioning of the package for the first 6 months after Go-Live by deputing minimum One on-site support engineers at bank„s identified site from 9:00 AM to 6:00 PM on all days for the 1 year period(except Bank holiday on location of Support). The vendor shall also ensure the requisite knowledge transfer to the identified staff of the Bank for maintenance of the system subsequent to the initial on-site support period of 6 months.

7. ANNUAL TECHNICAL SUPPORT (ATS) ATS will start after completion of warranty period of 1 year after Go-Live for LMS. ATS should cover trouble shooting, resolution of reported issues in the running solution, removing bugs/errors (if required). All upgrades / updates / new version releases will be provided during ATS period free of cost. Vendor will ensure smooth functioning of the package during ATS through on-line/ off-site support on all 7 days. The shortlisted vendor should support the software for atleast four years after completion of the warranty. ATS cost should include onsite support cost.



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8. PENALTY CLAUSE

8.1 Penalty due to delay in Services

Sl. Item Expected Timeline Penalty Max. Penalty Threshold of Delay

1 Delivery of Complete LMS

Solution

Within One Month from the date of Purchase Order

1% of the License Cost for

every week delay

10% of the license Cost

Two months from the date

of PO.

2 Delivery of Content in LCMS

Eight hours Content to be delivered on

monthly basis, with

100 hours content in 1 year.

5% of the Monthly amount for

every week delay

25% of the monthly amount

Max. one Month delay

for every

month

content.

Bank reserves the right to Cancel the Purchase Order, Terminate the Contract, Forfeit the Performance Bank Guarantee and Blacklist the Vendor, in case the Vendor exceeds the threshold limit of Delay for any of the items above. Bank, at its sole discretion, may exercise any or all of the options against the Vendor, in such circumstances. 8.2 Penalty due to Absence of Onsite Engineer/Representative For LMS- One Onsite engineer/representative is to be deputed for the first 1 year at bank„s identified site from 9:00 AM to 6:00 PM on all days (except Bank holiday on Location of Support). In the absence of the engineer/representative, suitable replacement is to be provided on immediate basis. In case of absolute absence (when no replacement is provided), penalty would be deducted @1% of the Implementation Cost, for each day, upto a maximum of 10%.

9. SERVICE LEVEL AGREEMENT The selected vendor will also have to enter into a Service level agreement for Service Support and Maintenance of solution as per the terms and conditions of the RFP and covering the scope of work and technical requirements. The resident engineer of LMS deputed for the first 1 year shall respond/ attend to any notification of a fault incident immediately to bank officials. Email and Telephonic Support should also be provided by the back end experts to the resident engineer. The non- delivery of services or non-response or any breach of information will lead to penalty. The penalty is applicable in respect of non-delivery of services/ support as per the requirement of this RFP. The onsite engineers/representative deployed by the successful vendor will not claim any benefit from the Bank and any loss or damage to the Bank due to them will be the sole responsibility of the Vendor.

10. TAXES



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The rates quoted in commercial bid should be exclusive of all taxes. However, Taxes, if any including GST shall be paid to the bidder on actual basis at the rate applicable. The rate of applicable GST should be informed and charged separately in the invoice generated for supply of the product.

11. CANCELLATION OF PURCHASE ORDER After issuance of purchase order to successful bidder, Bank reserves the right to cancel the purchase order without giving any notice, for following reasons – a) Non submission of acceptance of order within 15 days of placement of order. b) Non submission of performance bank guarantee within stipulated time as specified in the RFP. c) Non signing of contract within the time specified by bank. d) Non submission of any report/undertaking/document/compliance which was due within one month from the date of Purchase Order. e) Exceeding any of the threshold limit of Delay as per clause 8.1.

12. INFORMATION SECURITY Successful Bidder upon selection will provide an undertaking to comply with the provisions of the Information Security Policy of the Bank.

13. SIGNING OF PRE CONTRACT INTEGRITY PACT The bidder should undertake for signing of the Integrity Pact as per the Performa (Annexure-XIV) provided by the bank to the bidder as per CVC guidelines.

14. DELAYS IN THE SUPPLIER‟S PERFORMANCE Delivery of the goods and performance of the Services shall be made by the supplier in accordance with the time schedule specified by purchaser. Any delay in performing the obligation by the supplier will result in imposition of liquidated damages and/or termination of rate contract for default.

15. INDEMNITY The bidder assumes responsibility for and shall indemnify and keep the Bank harmless from all liabilities, claims, costs, expenses, taxes and assessments including penalties, punitive damages, attorney's fees and court costs which are or may be required to be paid by reasons of any breach of the bidder's obligation under these general conditions or for which the bidder has assumed responsibilities under the purchase contract including those imposed under any contract, local or national law or laws, or in respect to all salaries, wages or other compensation to all persons employed by the bidder or bidders in connection with the performance of any system covered by the purchase contract. The bidder shall execute, deliver such other further instruments to comply with all the requirements of such laws and regulations as may be necessary there under to conform and effectuate the purchase contract and to protect the Bank during the tenure of purchase order. Where any patent, trade mark, registered design, copyrights and/ or intellectual property rights vest in a third party, the bidder shall be liable for settling with such third party and paying any license fee, royalty and/ or compensation thereon.



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In the event of any third party raising claim or bringing action against the Bank including but not limited to action for injunction in connection with any rights affecting the machine supplied by the bidder covered under the purchase contract or the use thereof, the bidder agrees and undertakes to defend and / or to assist the Bank in defending at the bidder's cost against such third party's claim and / or actions and against any law suits of any kind initiated against the Bank. Vendor will also assume full responsibility of any loss or damage caused due to any of their onsite engineer/representative.

16. TERMINATION OF CONTRACT The quality of services given by the bidder & progress of the project will be reviewed monthly and if the services are not found satisfactory, the bank reserves the right to terminate the contract by giving 30 days notice to the bidder, including 15 days curing period. The decision of the bank regarding quality of services shall be final and binding on the bidder. The Bank shall have the right to terminate/cancel the contract with the selected bidder at any time during the contract period, by giving a written notice of 30 days, for any valid reason, including but not limited to the following : a) Excessive delay in execution of order placed by the Bank b) Discrepancies / deviations in the agreed processes and/or products c) Failure of vendor to complete implementation of solution within the time as specified in the RFP document d) Violation of terms & conditions stipulated in this RFP. e) Exceeding any of the threshold limit of Delay as per clause 8.1.

17. GOVERNING LAWS AND DISPUTES All disputes or differences whatsoever arising between the parties out of or in relation to the construction, meaning and operation or effect of these Tender Documents or breach thereof shall be settled amicably. If, however, the parties are not able to solve them amicably, the same shall be settled by arbitration in accordance with the applicable Indian Laws, and the award made in pursuance thereof shall be binding on the parties. The Arbitrator/Arbitrators shall give a reasoned award. Any appeal will be subject to the exclusive jurisdiction of courts at Delhi. The bidder shall continue work under the Contract during the arbitration proceedings unless otherwise directed in writing by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the arbitrator or the umpire, as the case may be, is obtained. The venue of the arbitration shall be Delhi. This is applicable to successful bidder only.

18. USE OF CONTRACT DOCUMENTS AND INFORMATION The supplier shall not, without the Bank„s prior written consent, make use of any document or information provided by Purchaser in Bid document or otherwise except for purposes of performing contract.

19. PATENT RIGHTS



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The supplier shall indemnify the Purchaser against all third party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods, or any part thereof in India.

The supplier shall, at their own expense, defend and indemnify the Bank against all third party claims or infringement of intellectual Property Right, including Patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India or abroad.

The supplier shall expeditiously extinguish any such claims and shall have full rights to defend it there from. If the Bank is required to pay compensation to a third party resulting from such infringement, the supplier shall be fully responsible including all expenses and court and legal fees.

The Bank will give notice to the Supplier of any such claim without delay, provide reasonable assistance to the Supplier in disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim.

The Supplier shall grant to the bank a fully paid-up, irrevocable, non-exclusive license throughout the territory of India or abroad to access, replicate and use software (and other software items) provided by the supplier, including-all inventions, designs and marks embodied therein in perpetuity.

20. ASSIGNMENT

The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the Purchaser„s prior written consent.

21. CONTRACT BETWEEN BANK AND SHORTLISTED TSP (TECHNICAL SERVICE PROVIDER) The shortlist bidder/TSP shall be required to execute SLA (Service Level Agreement) and NDA (Non Disclosure Agreement) with the Bank. Date: Place: Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company



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ANNEXURE-II

UNDERTAKING FROM THE BIDDER To The Asstt. General Manager (IT) Oriental Bank of Commerce, 1st Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001 Sir, Reg.: Our bid for RFP For Procurement of Learning Management System (LMS) We submit our Bid Documents herewith. We understand that

You are not bound to accept the lowest or any bid received by you, and you may reject all or any bid.

If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by the purchaser to do so, a contract in the prescribed form. Till such a formal contract is prepared and executed, this bid shall constitute a binding contract between us and bank.

If our bid is accepted, we are responsible for the due performance of the contract.

You may accept or entrust the entire work to one Bidder or divide the work to more than one bidder without assigning any reason or giving any explanation whatsoever.

Bidder means the bidder who is decided and declared so after examination of commercial bids.

Date: Place: Yours faithfully, Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company



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ANNEXURE-III

Part A- ELIGIBILITY OF THE BIDDER Eligibility Criteria of the Bidder / Vendor, the Compliance of eligibility criteria for Technical Proposal will be evaluated for technical suitability:

Sr. No

Eligibility Criteria Compliance (Yes /No)

Supporting Documents to be submitted

1 The Bidder must be registered with Registrar of Companies / a Govt Organization/ PSU/PSE/ partnership firm/ LLP or Private / Public Limited Company in India at least for the last 3 years.

Certificate of incorporation or any other certificate of registration issued by competent authority from Govt. of India.

2 The Bidder should be engaged in supplying of Learning Management System solution in India from last 3 years as on 31.03.2017.

Credential letters from Clients certifying the same.

3 The bidder to provide information that any of its subsidiary or associate or holding company or companies having common director/s or companies in the same group of promoters / management or partnership firms / LLPs having common partners has not participated in the bid process.

Letter of confirmation from bidder.

4 The bidder to provide an undertaking on his letter head that all the technical features highlighted as part of RFP Scope are covered in totality in the proposal submitted by the bidder.

Letter of confirmation from bidder.

5 Bidder should have IP (intellectual property) rights for the products offered to Oriental Bank of Commerce.

Letter of confirmation from the bidder.

6 The bidder should be the Original Equipment Manufacturer / Original Solution Developer (OEM /OSD) / Authorised

The bidder on their company„s letter head shall provide self declaration about OEM status. In case of



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Partner/Representative in India. authorized representative, MAF from OEM as per Annexure XI in their letter Head needs to be provided.

7 The bidder should not be involved in any litigation which threatens solvency of company.

Certificate is to be provided by the chartered accountant/statutory auditor, as per Annexure- VII

8 Bidder should not be blacklisted / debarred by any statutory or regulatory authority at least for last three years.

Undertaking to be provided as per Annexure-VIII

9 Bidder must have supplied similar software solution in at least three PSU/PSB/ Govt Institution/ Private Banks (having all India presence) etc. having volume of minimum 25,000 active users, during last three years.

Satisfactory Performance Certificate from the Clients strictly as per Annexure-VI. Kindly note that Purchase Orders will not be accepted.

10 The Bidder should have registered a turnover of INR 15 crores (Rupees Fifteen Crores) per annum for the past three completed financial years 2014-15, 2015-16; 2016-17 from their Indian Operations. In the above Bidder should have registered a minimum turnover of 2 crore or above from e-learning Content Development business

Provide CA Certificate as per Annexure- IX and Audited Financial statements (Balance sheet & Profit & Loss statement) for the last three (3) Financial years. The CA certificate provided in this regard should be without any riders or qualification,

11 The Bidder should have a positive net worth as per the computation logic provided below in the last 3 financial years 2016-17, 2015-16 and 2014-15. Net Worth is to be calculated as follows: Capital Funds (Paid up equity capital + Paid up preference shares +Free reserves)-( Accumulated balance of loss + Balance of deferred revenue expenditure+ other intangible assets)

Audited Financial statements for the financial years 2015-16, 2016-17. Certified letter from the Chartered Accountant. The CA certificate in this regard should be without any riders or qualification.



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12 Bidder should be an OSD for supply of licenses and solution implementation and maintenance support under warranty/ AMC/ ATS for the solution.

Letter of confirmation from the bidder

13 The proposed Learning Management System should have been implemented in at least three (3) public sector Banks / Financial Institutions / PSU/ Govt Organizations/ Large Private Companies in India in last 3 years with an active client base of more than 25000 end- users in at least one order.

Documentary Proof of order/ Contract copy / customer credentials.

14 The Bidder must be in the business of e-course content development for at least 2 years

Documentary Proof to be attached

15 The Bidder should have developed content for at least 3 large professional bodies in India, 2 of these should a public sector banks/financial institution

Documentary Proof for implementation of order / contract execution copy.

16 The bidder should have Support Center/authorized office in Delhi/NCR.

Undertaking to be submitted

All dates if not specified to be applicable from the date of the RFP. Authorized Signatory Name: Designation: Bidders Corporate Name Address Email and Phone # Part B-Technical Evaluation Parameters – The offered Solution would be scored during the Demo as per the Table A and Table B of Scope of Work (Annexure-X) and Table-C below :- The vendor needs to achieve a cut – off score of 75% marks in this evaluation stage to be qualified for commercial bid opening. Only those vendors who achieve the specified cut – off scores would be short-listed for Commercial Bid Evaluation. Technical Proposal will be evaluated for technical suitability and the criteria for evaluation of technical bids are as under: Table-C

Criteria Evaluation Parameters Max.



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Scores

The number of Implementations in Public Sector Banks / Financial Institutions/ Govt. Organizations carried out in India (In the last 3 years starting from 01-04-2014 till RFP submission date) **

For each Implementation 2 marks 10

Technical Presentation on Proposed Solution and Content Development by the Bidder

Technical presentation will be evaluated on the following parameters: o Proposed Solution o IT architecture and approach &

methodology o Resource Planning o Project Governance and Project

Team o Future Scalability. o Details of the working

methodology/project Management process adopted.

o Team structure, number & type of

resources, dedicated team vs. shared team, key contact points for the bank

o Various stages of the content

development process, workflow, quality control, number and frequency of reviews/check-ins, etc.

o Clear description of inputs sought

from the bank vs. inputs provided by vendor o Work location(s) of the

vendor's team Details of the kind on Instruction Methodologies (content levels, games/simulations, etc.) used by the Bidder Detailed description of the content levels intended to be used: L1, L2 and L3. Description to be supported with examples and should highlight the following, among others:

o Use of scenarios, stories,etc.

o Use of audio, visual aids

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o Use of 2-d/3-d graphics or

animations

o Interactions achieved (e.g. simple

point and click, drag-drop, data entry by user, etc.)

o Use of simulations and games

oAssessments/exercises embedded

in the module

Product Demo In case Bank during this demonstration feels that any of the feature is not available and needs to be customized then no marks shall be allotted and if customization is not required and the feature is readily available then 1 mark shall be allotted. Vendor is requested to demonstrate additional unique/ futuristic features, if any, offered by the product. Content Demo

Demonstration of in-depth understanding of the Bank‟s project technical and functional requirements. Samples of e-content developed by the developer for other clients/for showcasing their work to prospective clients (separate sheets with snapshots may be attached or a CD containing these samples may be given). Also give 10 minutes contents with machine audio as Proof of Concept (PoC) on the topic to be given by the Bank.

20

Lead Time for Content Development

a. Details of the lead times needed for developing content b. Lead time for developing one hour of content by level types c. Number of hours content that the vendor can take up at one time d. Lead times at each step of the development process

05

TOTAL MARKS 50

1. For a particular Solution, only the OEM or its authorized representative can bid. If

both the OEM and its authorized representative bid for the same Solution, both the bids will be rejected.



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2. If any Solution of Principal / Original Equipment Manufacturer (OEM) is being

quoted in the tender, the OEM Company cannot bid for any other OEM's product.

3. Bidder should submit detailed response along with documentary proof for all of the above eligibility criteria. The eligibility will be evaluated based on the bid and the supporting documents submitted. Bids not meeting the above eligibility criteria will be rejected. Bidder is required to arrange for a Demo of their offered Solution at location as per Bank„s discretion, within 7 working days from the receipt of such communication from the Bank. During the Demo, the solution will be scored for its functionalities on the basis of the Table A and Table B of Scope of Work.

4. Bidder should provide all the core applications/ modules as mentioned above.

Failure of the same will leads to rejection of the bid.

5. Commercial Bids of only those bidders shall be opened who secures minimum 75 % in the Technical evaluation.

6. Technical Evaluation will be done by Bank„s technical evaluation committee and

the decision of the committee will be final.

7. Bidders to submit relevant documentary evidence for all parameters mentioned.

8. Providing any wrong information by the bidder will result in disqualification of the bidder. The Bank may cross check above parameters by any means / during site visit.

Date: Place: Signature of Authorized Signatory: Name of Signatory: Designation: Seal of Company



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ANNEXURE-IV

BIDDER’S INFORMATION

Sl. Information Particulars / Response

1 Company Name

2 Constitution

3 Date of Incorporation

4 Company Head Office Address

5 Registered office address

6 TIN/TAN No./GST No.

7 Whether MSME(quote registration no. and date of registration, copy to be attached)

8 Whether bidder eligible for preference to domestically manufactured electronic products (DMEP) in government procurement vide notification dated 23.12.13 and guideline dated 16.11.15 as amended from time to time and updated in ministries web site – www.deity.gov.in/esdm/pmn as applicable to the bank.

9 Bank Account Detail: Account Number, Account Name, IFSC, Bank Name

10 Name, Designation, Tel. No, E-Mail of the authorized signatory submitting the RFP (Please enclose the copy of board resolution)

11 Specimen Full signature and Initials of Authorized Signatory

12 Contact persons address, telephone number, mobile number, Fax Number, E-Mail ID. (give at least 2 contact persons details)

13 Details of Service Support Center/authorized Office in Delhi/NCR

Complete Address: No. of Support Engineers: Contact Person: Contact No.: Email ID:

14 Whether company has been blacklisted for service deficiency in last 3 years. If yes, details thereof.

15 Any pending or past litigation (within three years)? If yes please give details

Yes/No/Comments (if option is ‗Yes„)

16 Please mention turnover for last three financial years and include the copies of Audited Balance Sheet in support of it.

FI Turnove r Rs.(in Cr)

Net Profit/L oss Rs. (in lacs)

Net Worth Rs. (in Cr)

2014-15 2015-16 2016-17

Date: Place: Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company

http://www.deity.gov.in/esdm/pmn



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ANNEXURE V

COMPLIANCE STATEMENT Reg.: RFP for Procurement of Learning Management System (LMS) DECLARATION Please note that any deviations mentioned elsewhere in the bid will not be considered and evaluated by the Bank. Bank reserve the right to reject the bid, if bid is not submitted in proper format as per RFP.

Compliance Description Compliance (Yes/No)

Terms and Conditions

We hereby undertake and agree to abide by all the terms and conditions including all annexure,

corrigendum(s) etc. stipulated by the Bank in this

RFP. (Any deviation may result in disqualification

of bids).

Scope of work and/ Technical Specification

We certify that the systems/services offered by us for tender conform to the Scope of work and

technical specifications stipulated by you. (Any

deviation may result in disqualification of bids).




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ANNEXURE – VI

PERFORMANCE CERTIFICATE

To be provided on letter head of the issuing company The Asstt. General Manager (IT) Oriental Bank of Commerce, 1st Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001 Sir, Reg.: RFP For Procurement of Learning Management System (LMS) This is to certify that M/s has provided ( Name of the Solution) which is a learning management Solution, to our organization since . The Learning Management Solution provide broadly has the following features/functionalities. (Mention atleast 5 features/functionalities) 1. 2. 3. 4. 5. The LMS provided by M/s is currently being used by active users of our organization. The services provided by the M/s are satisfactory. The certificate has been issued on the specific request of the company. Date: Place: Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company



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ANNEXURE – VII

LITIGATION CERTIFICATE Reg.: RFP For Procurement of Learning Management System (LMS) To be provided by Statutory Auditor/Chartered Accountant This is to certify that M/s_ , a company incorporated under the companies act, 1956 with its headquarters at, is not involved in any litigation which threatens solvency of the company. Date: Place: Signature of CA/Statutory Auditor Name of CA/Statutory Auditor: Designation: Seal of Company



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ANNEXURE - VIII

UNDERTAKING FOR NON- BLACKLISTED

To be provided on letter head of the Bidder’s Company The Asstt. General Manager (IT) Oriental Bank of Commerce, 1st Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001 Sir, Reg.: RFP For Procurement of Learning Management System (LMS) We M/s .................................., a company incorporated under the companies act, 1956 with its headquarters at, ...................................................................................................... ............................. do hereby confirm that we have not been blacklisted/ debarred by the Government / Government agency / Banks / Financial Institutions in India during last 3 years. This declaration is been submitted and limited to, in response to the tender reference mentioned in this document Thanking You, Yours faithfully, Date: Place: Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company



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ANNEXURE-IX

TURNOVER CERTIFICATE Reg.: RFP For Procurement of Learning Management System (LMS) To be provided by Statutory Auditor/Chartered Accountant This is to certify that M/s ........................................................................, a company incorporated under the companies act, 1956 with its headquarters at,................................ ................................ has the following Turnover, Net Profit/Loss and Networth. This information is based on the Audited Financial Statements for FY 2013-14, 2014-15 , 2015-16 and 2016-17.

Financial Year Turnover (in Rs.) Net Profit/Loss (in Rs.)

Net Worth (in Rs.)

2014-15

2015-16

2016-17

e-Learning Content Development Business:

Financial Year Turnover (in Rs.) Net Profit/Loss (in

Rs.) Net Worth (in Rs.)

2014-15

2015-16

2016-17

Date: Place: Signature of CA/Statutory Auditor Name of CA/Statutory Auditor: Designation: Seal of Company



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ANNEXURE-X

Technical & Functional Specification Requirements of the Solution Bidders are required to fill the last column for each module/functionality depending upon its availability. Option as filled by the Bidders in the Bid document will be ascertained during the Demo, at location as per Bank„s discretion. Table A: Learning Management System A Available=Full Marks NA Not Available= Zero Marks C Customizable= Half Marks of Max Marks

Sr. No Functional Requirement Description

Maximum marks

Marks allotted

by bidder

Marks allotted by Bank

Comments/Remarks

1. Functionality Design and User Interface

1.1 Should support multiple delivery methods, such as fully on-line courses, blended learning courses, skill- upgrading courses, certification courses

2

1.2 Should allow for searchable content.

2

1.3 Should support to import and manage content.

2

1.4 Should support for large files up to 100 MB

2

1.5 Should support integrated authoring tool for creation of eLearning content. The details of integrated authoring tool should be provided by bidder in their response

2

1.6 Solution can tag content items with metadata.

2

1.7 Should be convenient to use. It should have web based graphic interface.

2

1.8 Customizable Dashboard for Administrator

2

1.9 Configurable workflow/ process flow to manage easy day to day learning operations

2

1.10 Features for marking and assigning courses as mandatory, optional, recommended for groups or individuals.

2

1.11 Application should be fully compliant with Section 508 guidelines

2

2. Features Availability

2.1 Tracking MIS and Reports in Graphs, Charts and standard

2



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formats

2.2 The system support accessibility of course / quiz on mobile / tablet/ laptop etc.

2

2.3 Should have blog tool and discussion forums

2

2.4 Customizable reports as per bank requirements

2

2.5 System should be able to mark attendance for trainings

2

2.6 System has an internal email tool for notifications

2

2.7 System should have integrated Web Conferencing tool.

2

2.8 System should support Webinar and video conferencing

2

2.9 System should support for the inclusion of video and audio in all elements of the LMS, including quizzes and exams.

2

2.10 System should have settings for collaboration items such as blogs, discussion forums etc.

2

2.11 The system can integrate with library including digital (external access subscription) services and systems.

2

2.12 The system has gamification ability such as Leader Board and Badges to User

2

2.13 System should support defining learning path based on competency and skill gap assessment

2

2.14 Admin dashboard: admin should be able to apply filters before fetching out report, can select users and courses.

2

2.15 Ability to export report data in various portable formats

2

2.16 System should support blended learning. Admin should be able to create lesson plans and attach resources such as pdfs, excels etc.

2

2.17 User Profile/ Hierarchy Management as available in HRMS.

2

3. Learning & Reporting

3.1 Sending communication to learner via E-mail on different events like launch of new course, registration, due date etc.

2

3.2 Sending communication to learner via SMS on different

2



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events like launch of new course, registration, due date etc.

3.3 Automatic email to management where courses have not been attended or completed.

2

3.4 Feature for publishing catalogues/ training plan based on various criteria like vertical / department specialization area, location, learner‟s profile position etc

2

3.5 Access to course catalogue should be manageable based on user profile.

2

3.6 Ability to attach files and notification to courses.

2

3.7 System should support Assessment Engine

2

3.8 System should support all question types such as MCQ, randomization of questions, uploading of list; Fill in the blanks, Matching etc.

2

3.9 System should have to create global question bank

2

3.10 System should have provision of creating quizzes, assessments either from global question bank or from authoring tool or both

2

3.11 Tests should be configurable for number of attempts, revisits by learner, Weightage attach to each question marking.

2

3.12 System should have provision of Negative marking as per Bank need, if required.

2

3.13 System has ability to integrate all gradable course content with a rubric (with note of explanation).

2

3.14 System support for the export of grades of learners to excel.

2

3.15 System should support to create, map and track learning outcomes.

2

3.16 System should support to track and view learner usage trail records

2

3.17 System should allow admin to align course, program and / or institutional level learning outcomes to assignments,

2

3.18 The system should support employees performance evaluation tools, activity reports, and automated alerts / notifications based on instructor defined performance metrics.

2

3.19 System should support to award 2



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credit scores in APAR (Performance review in HRMS) for passing of mandatory certification courses for the role within a financial year. Other courses be updated in employees Bio-data with scores and level of skill in the role & vertical.

3.20 System should be capable to aggregate and report on at both the individual and course level for instructors and for administrators.

2

3.21 System should be capable for conducting survey / feedback on various matters from the employees.

2

3.22 Learners should be able to rate the course once completed

2

3.23 Learners should be able to see any comment from experts at course level

2

3.24 System should provide suggested courses/articles/blogs from the course library related to the topic

2

4. Course enrolment, Registration and Administration

4.1 Enrolment should be self as well as administrator/ authorized person approval based

2

4.2 Support bulk registration/enrolments through input from external sources.

2

4.3 Support for automatic account creation after syncing with HRMS.

2

4.4 The system should be flexible and expandable storage parameters by user type.

2

4.5 The system should have the ability to assign multiple roles (such as participant, instructor, administrator, supervisor, reporting manager, faculty/ Guest speaker(internal & external), Subject matter experts etc and that these can be vary by course.

2

4.6 The system should have provision for archiving and storing old courses

2

4.7 The system should have the ability to integrate with plug-ins and third party tools.

2

4.8 The system should supports Sharable Content Object Reference Model (SCORM) 1.2 and 1.3

2

4.9 The system should be fully Compliant with section 508

2



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guidelines

4.10 System should allow the user to customize the look of the display (color, size and so on)

2

5. Mobile Application

5.1 Supports offline or disconnected learning with dedicated mobile app

2

5.2 Mobile application should Launch courses content directly from the web

2

5.3 Mobile application should have role based features for learners, managers, Trainers.

2

5.4 Learners will be able to participate in discussions forums, like, share comment to the forums.

2

5.5 Supports fully responsive User Interface on all screen sizes and devices

2

6. Classroom training

6.1 System should provide provision for end to end classroom training management

2

6.2 System should be to bulk upload trainings

2

6.3 System should be able to manage inventory for class room training, mark attendance, manage waitlist

2

6.4 System should be able to manage classroom training budgets and generate reports

2

6.5 System should give notification to learner for new trainings

2

6.6 System should be able to insert calendar in outlook for upcoming trainings for learner

2

6.7 System should allow learner to receive feedback from manager and view past training records

2

7. Skill and Competency Management

7.1 System should be able to create skill and competency bank

2

7.2 System should be able to map skill/competencies to job profiles

2

7.3 System should be able to map skills and competencies with courses

2

7.4 System should allow user to view skill and competencies as per job role and conduct self-analysis

2

8. Domain Management

8.1 System should allow creation of 2



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multiple tenants

8.2 Individual tenants can have their own UI(Logo, background images for learners, colour scheme, language)

2

9. Technical Specification

9.1 Bilingual interface in English and Hindi and any language scheduled in Indian Constitution

2

9.2 Automated periodic replication of data from production to DR for near Zero data loss

2

10. Installation & Administration

10.1 It will be hosted on IDRBT community cloud infrastructure.

2

10.2 Application for mobile and tablets (android, iOS etc.)

2

10.3 Ease of customization of LMS as per bank requirement

2

10.4 The administrator should have the rights to manage the entire application. Roles like author, instructor, training manager, training coordinator etc can be assigned by administrator.

2

10.5 Should be flexible, modular and expandable to accommodate future upgradation / modifications.

2

10.6 Only authorized users should be allowed to edit courses or documents from content repository.

2

TOTAL (A) 176

Table B: Learning Content Management System (LCMS) Specifications:

11. Content Management Requirements

Sr. No. General Requirements Maximum marks

Marks allotted

by bidder

Marks allotted by Bank

Comments/Remarks

11.1 Development of interactive e-courses with features like interactive games/ graphics. Should be SCORM compliant (SCORM 1.2, SCORM 1.3 and Latest versions of SCORM)

2

11.2 Content to be developed in Adobe Captivate/Articulate or any available latest authoring tool with mix of simulation/animation etc. with learning tracking facility.

2

11.3 The content should be multi-lingual (Hindi, English etc.) with language selection option at learner or student end.

2



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11.4 Audio in mechanical (Indian Voice/Accent/Dialect) or Human Voice (Indian Voice / Accent / Dialect) as per requirements.

2

Course functionality

11.5 A fast track „option for users that allows the user to have a quick overview of the course.

2

11.6 A deep dive„ option that allows the user to go through each module in detail

2

11.7 Content should be developed with an option to convert Video of the Content into PPT to support lower bandwidth.

2

11.8 Content buffering should be on first page/slide only. Content should be compatible for all platforms (Web, App, Internet, Intranet).

2

11.9 Content of App should have the facility of Zoom in-out, Change Orientation, auto slider etc.

2

11.10 Content Management should support content editing.

2

11.11 Ability to search across pages and courses

2

11.12 Contents should facilitate skillful learning and created in such a way to test the intelligence of the learner and make available course content accordingly. (Artificial Intelligence should be available in the Content).

2

TOTAL (B) 24




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ANNEXURE-XI

MANUFACTURER‟S (OEM) AUTHORIZATION FORM (MAF)

(To be provided on the Letter head of the OEM duly signed & stamped by their Authorized Signatory.)

To The Asstt. General Manager(IT) Oriental Bank of Commerce, 1st Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001 Sir, Reg.: RFP For Procurement of Learning Management System (LMS) We hereby submit the following:-

1. We M/s ................................................ are the OEM of ............................................... (Name of the product/Solution), being offered to Oriental Bank of Commerce through M/s ........................................................... (Bidder„s Name), who is our authorized Partner/representative in India for supply of this solution.

2. The bidder i.e. M/s has IP (Intellectual property) rights for the

products or is the authorized reseller of the OEM product/solution i.e. to Oriental Bank of Commerce.

3. We agree to provide services as per the scope of work and technical

specifications of this RFP through our partner M/s .

4. In case the authorized bidder i.e. M/s is not able to perform obligations as per contract during contract period, we will perform the said obligations.

5. We undertake to continue to extend services as per given scope of work of RFP

during contract period through mutually agreed third party in case:-

a) Bidder M/s _____, ceases to exist from the ICT Industry OR

b) Bidder M/s _____stops services or support to the Bank OR

b) There is dispute between bidder M/s_______, and us. OR

c) Bidder M/s .........................................,terminates contract due any reasons with us.

Date: Place: Yours faithfully Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company



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ANNEXURE-XII

Performa for Commercial Offer Table-A: Learning Management System (LMS)

Sr.No. Items Amt. (in Rs.)

1 Perpetual License Cost

2 Implementation Cost (with 1 Year On-site Support after Go-Live)

3 Rate of ATS per year applicable after expiry of warranty ) (range Minimum 10%- Maximum 20% of Sr.no.1)

Table-B (Optional items)

Sr. No. Description Amt. (in Rs.)

1 Customization Cost, in terms of man days charges (quantity will be decided by the bank as per requirement ) It is completely optional to the bank.

2. 1 week training cost, if any additional training is required (in addition to 1 week mandatory training every year)

Table-C: Learning Content Management System (LCMS)

NOTES: 1. The rates quoted in commercial bid should be exclusive of all taxes. However, Taxes, if any including GST shall be paid to the vendor on actual basis at the rate applicable. The rate of applicable GST should be informed and charged separately in the invoice generated for supply of the product. 2. Any column left blank by the bidder will result in disqualification of the bid. 3. ATS quoted should not be lower than 10% or higher than 20% of the license Cost. If quoted lower than 10%, it will automatically be recalculated at 10% and if quoted higher than 20% it will automatically be recalculated at 20%. 4. ATS cost (after recalculation, if required) will be multiplied with 4 i.e. ATS for 4 years after the warranty period and same will be used for final calculation for selection of L1 vendor. 5. L1 cost will be decided as per total of Table A and Table C, i.e. Table A+Table C 6. L1 cost = Table A (Sr.No.1+ Sr.No.2+ (4* (Sr.No.3))+ Total (Table C)

E-learning Content Level

No. of screens / slides equivalent to (one) 1 hour of content

Quote: Cost for one (1) hour of learning content (currency :INR) ----(X)

Hrs of Content development Qty in hrs---(Y)

Total Cost--- Z=(X) *(Y)

Level 1 40-50 50

Level 2 35-45 25

Level 3 25-35 25

Total Table-C 100 hrs



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ANNEXURE-XIII

Performa for the Bank Guarantee for Earnest Money Deposit

(To be stamped in accordance with stamp act) Date: Bank Guarantee no.: Department of Information Technology Corporate Office, Oriental Bank of Commerce Plot No. 5, Sector 32, Gurugram – 122 001 Dear Sirs, In accordance with your proposal reference no. ______________________________ dated _______________ M/s______________________________________ having its registered office at ______________________ ________________________ herein after called „bidder‟) wish to participate in the said proposal for supply, customization, installation, and maintenance of software at Oriental Bank of Commerce having its Corporate Office at Plot No. 5, Sector -32, Institutional Area, Gurugram- 122001. An irrevocable Financial Bank Guarantee (issued by a nationalized / scheduled commercial Bank) against Earnest Money Deposit amounting to Rupees __________, Rupees (in words)___________valid up to __________ is required to be submitted by the bidder, as a condition for participation in the said bid, which amount is liable to be forfeited on happening of any contingencies mentioned in the proposal document. M/s_________________________________ having its registered office at ______________ has undertaken in pursuance of their offer to Oriental Bank of Commerce _____________________________________ (hereinafter called as the beneficiary) dated __________ has expressed its intention to participate in the said proposal and in terms thereof has approached us and requested us ___________________________ Bank________________________ to issue an irrevocable financial Bank Guarantee against Earnest Money Deposit amounting to Rupees ________valid up to _______________. We, the ________________________ Bank at _______________________having our Head office at ____________________therefore Guarantee and undertake to pay immediately on first written demand by Oriental Bank of Commerce, the amount of Rupees _________________ Rupees_____________________________________________________________________________________________________________________________________ without any reservation, protest, demur and recourse in case the bidder fails to comply with any condition of the proposal or any default in violation against the terms of the bid, without the beneficiary needing to prove or demonstrate reasons for its such demand. Any such demand made by said beneficiary shall be conclusive and binding on us irrespective of any dispute or difference raised by the bidder. This guarantee shall be irrevocable and shall remain valid up to _______________. If any further extension of this Guarantee is required, the same shall be extended to such required period (not exceeding one year) on receiving instructions in writing, from (______________________________________) on whose behalf guarantee is issued. In witness whereof the Bank, through its authorized officer has set its hand stamped on this _____________ Day of ______________2018 at __________________



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Signed, sealed and delivered by Mr. ……… For and on behalf of the Guarantor to do so and to affix the seal of the Bank, in the presence of



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ANNEXURE - XIV

INTEGRITY PACT

(To be stamped in accordance with the stamp act) General

This pre-bid pre contract Agreement (hereinafter called the integrity pact is made on day of the month of _______ 201_, between, on one hand, Oriental Bank of Commerce, acting through Shri , _, Dy. General Manager (IT), Oriental Bank of Commerce, Government of India Undertaking (hereinafter called the “BUYER” which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the first part and M/s represented by Shri , authorized signatory of M/s -------------(hereinafter called the “BIDDER/SELLER” which expression shall mean and include, unless the context otherwise requires , his successors and permitted assigns )of the second part . WHEREAS the BUYER proposes to procure (Name of the Store /Equipment /item and the BIDDER /SELLER is willing to offer /has offered the store and WHEREAS the BIDDER is a private company/public company/Government /undertaking/partnership/ registered export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Government of India, PSU Bank. Now, THEREFORE, To avoid all forms of corruption by following a system that is fair , transparent and free from any influence /prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:- Enabling the BUYER to obtain the desired said store/equipment at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling the BIDDERS to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures . The parties hereby agree to enter into this integrity pact and agree as follows:- 1. Commitments of the BUYER 1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract, will demand, take a promise for or accept directly or accept, directly or through intermediaries, any bribe, consideration, gift, reward favor or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation contracting or implementation process related to the contract.



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1.2 The BUYER will, during the pre- contract stage treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.

1.3 All the officials of the BUYER will report to the appropriate Government office any

attempted or completed breaches of the above commitment as well as any substantial

suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official (s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract would not be stalled. 3. Commitment of BIDDERS The BIDDERs commit itself to all take all measures necessary to prevent corrupt practices, unfair means and illegal activates during any stage of its bid or during any pre-contract or post- contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:- 3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation contracting and implementation of the contract. 3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material benefit or other advantage commission fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the contract forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or for bearing to show favor or disfavor to any person in relation to the contract or any other contract with the Government. 3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates. 3.4 BIDDERs shall disclose the payment to be made by them to agents/brokerage or any other intermediary, in connection with this bid/contract. 3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/integrator/authorized Government sponsored export entity of the defense stores and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor has such any amount been paid promised or intended to be paid to any such



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Individual, firm or company in respect of any such intercession, facilitation or recommendation. 3.6 The BIDDER, either while presenting the bid or during pre- contract negotiations or before signing the contract shall disclose any payment he has made, is committed to or intends to make to officials of the BUYER or their family members agents, brokers or any other intermediaries in connection with the contract details or/and the services agreed upon for such payments. 3.7 The bidder will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation contracting and implementation of the contract. 3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to other, any information provided by the BUYER as part of the business deal, relationship regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged. 3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts. 3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the action mentioned above.

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

give to any of the Principal‟s employees involved in the tender process or the execution

of the contract or to any third person any material or other benefit which he/she is not

legally entitled to, in order to obtain in exchange any kind of favour whatsoever during the

tender process or during the execution of the contract.

4. Previous Transgression 4.1 The BIDDER declares that no previous transgression occurred in the last three year immediately before signing of this integrity pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any public sector enterprise in India or any government Department in India that justify BIDDER‟S exclusion from the tender process.

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

be disqualified from the tender propose or the contract, if already awarded. Can be

terminated for such reason.

5. Earnest money (security deposit)



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5.1 While submitting commercial bid, the BIDDER shall deposit an amount INR _____ (as specified in RFP) as Earnest money/security, with the BUYER through any of the following instruments:- (i) Bank draft or a pay order in favor of (ii) A confirmed guarantee by an Indian nationalized bank, promising payment of the guaranteed sum to the BUYER on demand within three working days without any demur whatsoever and without seeking any reasons whatsoever .the demand for payment by the BUYER shall be treated as conclusive proof of payment. (iii) Any other mode or through any other instrument (to be specified in the RFP). 5.2 The Earnest money / Security deposit shall be valid up to a period of five years or the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the BUYER, including warranty period, whichever is later. 5.3 In case of the successful BIDDER a clause would also be incorporated in the article pertaining to performance bond in the purchase contract that the provisions of sanction for violation shall be applicable for, forfeiture of performance bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this pact.

5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest

Money/Security Deposit for the period of its currency.

6. Sanctions for violations 6.1 Any breach of the aforesaid provisions by the BIDDER or any one Employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, wherever required: (i) To immediately call off the pre contract negotiations without assigning any reason or

giving any compensation to the BIDDER. However, the proceeding with the other

BIDDER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit /Performance bond (after the contract is signed shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assign any reason therefore. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER. (iv) To recover all sum already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing prime lending rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR . If any outstanding payment is due to the BIDDER from the BUYER in outstanding payment could also be utilized to recover the aforesaid sum and interest. (v) To encase the advance bank guarantee and performance bond / warranty bond, if furnished by the BIDDER in order to recover the payments, already made by the BIDDER, along with interest.



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(vi) To cancel all or any other contracts with the BIDDER, the BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/ rescission and the BUYER shall be entitled to deduct the amount so payable from the money (s) due to the BIDDER. (vii) To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five year, which may be further extended at the discretion of the Buyer (viii) To recover all sum paid in violation of this pact by bidder (s) to any middleman or agent or broker with a view to securing the contract. (ix) In case where irrevocable letters of credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened. (x) Forfeiture of performance bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this pact. 6.2 The BUYER will be entitled to take all or any of the actions mentioned at Para 6.1(i) to (x) of this pact also on the commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in chapter IX of the Indian penal code, 1860 or prevention of corruption.

6.3 The decision of the BUYER to the effect that breach of the provisions of this pact has

been committed by the BIDDER shall be final and conclusive on the BIDDER. However,

the BIDDER can approach the independent monitor (s) appointed for the purpose of this

pact.

7. Fall Clause The BIDDER undertakes that it shall not supply identical solution(s) in comparable

business circumstances at a price lower than that offered in the present bid in respect of

any other Public Sector Bank in India and if it is found that within one year after the

signing of contract that identical solution(s) is supplied by the BIDDER to any other

Public Sector Bank in India at a lower price, with due allowance for elapsed time, will be

applicable to the present case and the difference in the cost would be refunded by the

BIDDER to the BUYER, if the contract has already been concluded.

8. Independent Monitors 8.1 The BUYER has appointed Independent Monitors (here either referred to as

Monitors) for this pact in consolation with the central vigilance commission.

8.2 The task of the Monitors shall be to review Independent and objectively, whether and to what extent the parties comply with the obligations under this pact. 8.3 The Monitors shall not be subject to instruction by the representatives of the parties and perform their functions neutrally and independently. 8.4 Both the parties accept that the Monitors have the access all the documents relating to the project/procurement, including minutes of meeting.



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8.5 As soon as the monitor notice, or has reason to believe, a violation of this pact, he will so inform the Authority designated by the BUYER. 8.6 The BIDDER (s) accepts that the Monitor has the right to access without restriction to all project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to subcontractors. The monitor shall be under contractual obligation to treat the information and documents of the BIDDER/subcontractor(s) with confidentiality. 8.7 The BIDDER will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties the parties will offer to the monitor the option to participate in such meetings.

8.8 The monitor will submit a written report to the designated Authority of BUYER /

Secretary in the Department/ within 8 to 10 weeks from the date of reference or

intimation to him by the BUYER / BIDDER and, should the occasion arise, submit

proposals for correcting problematic situations.

9. Facilitation of Investigation In case of any allegation of violation of any provision of this pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination. 10. Law and place of jurisdiction This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER. 11. Other Legal Actions The actions stipulated in this Integrity pact are without prejudice to any other legal action that may follow in accordance with provisions of the extent law in force relating to any civil or criminal proceedings. 12. Validity 12.1 The validity of this Integrity Pact shall be from date of this signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/SELLER, including warranty period, whichever is later, In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract. 12.2 Should one or several provisions of this Pact turn out to be invalid, the reminder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.



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

matter to External Independent Monitors (IEMs) and he will await their decision in the

matter within a time ceiling of 90 days.

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

BUYER BIDDER Official Name Asst. General Manager (DIT) Designation Oriental Bank of Commerce Company Witness Witness 1. 1. 2. 2



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ANNEXURE-XV

Checklist

Sl. No. Particulars Submitted (Yes/No)

Page No

1 Proof of RFP Cost

2 Proof of EMD

3 Terms and Conditions (Annexure I)

4 Undertaking By The Bidder (Annexure-II)

5 Compliance To Eligibility Criteria (Annexure III)

6 Bidders Information (Annexure-IV)

7 Compliance Statement (Annexure-V)

8 Performance Certificate (Annexure – VI)

9 Litigation Certificate (Annexure – VII)

10 Undertaking For Non- Blacklisted(Annexure – VIII)

11 Turnover Certificate by CA(Annexure-IX)

12 Technical Specifications of the Solution (Annexure – X)

13 Certificate of Incorporation

14 Manufacturer„s Authorization Form (MAF) (Annexure-XI)

15 Undertaking of IP Rights

16 Details of Additional Features offered, if any

17 Details of additional Hardware/Upgradation required, if any

18 Details of Tools required for Content Development, if any

19 Audited Balance Sheets & Profit & Loss Statements

20 Integrity Pact (Annexure – XIV)

21 Power of Attorney and Copy of Board Resolution

22 Signed Copy of RFP

23 Signed Copy of Corrigendum , if any

24 Service Level Agreement (Annexure – XVI)

25 Non-Disclosure Agreement (Annexure – XVII)

26 Compliance status of Reverse Auction (Annexure – XIX)

27 Letter of Authority for Participating in RA (Annexure – XIX)



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ANNEXURE-XVI Service Level Agreement

The selected bidder needs to execute a comprehensive, definitive Service Level Agreement (SLA) with the bank covering all terms and conditions of this RFP. SLA will cover performance and availability of the solution deployed. The performance of the Successful Bidder shall be reviewed every quarter and the Bank reserves the right to terminate the contract without any reason at its sole discretion by first providing a 30 days cure period and thereafter giving 90 days‟ notice.

However, bank will have the absolute right to charge penalty and/or liquidated damages as per RFP, without giving any cure period, at its sole discretion. The Bank expects that the successful Vendor to adhere to the following minimum Service Levels:

Any fault/ issue/ defect failure intimated by Bank through any mode of communication like call/e-mail/fax/sms etc. are to be acted upon, so as to adhere to the service levels. Business/ Service Downtime and Deterioration shall be the key considerations for determining “Penalties” that would be levied on the Successful Vendor.

The Vendor should have 24X7 monitoring, escalation and resolution infrastructure.

Time bound problem-addressing team (onsite/offsite) for the complete contract period.

Vendor to arrange for updation required in the system to meet the changes suggested by RBI/ Govt. of India/ regulatory authorities towards compliance as part of ATS at no extra cost to bank for the entire contract period. Any delay in meeting the timelines would result in penalty.

Vendor will have to guarantee a minimum uptime of 99.5%, calculated on a monthly basis. Application availability will be 99.5% on 24x7x365. The penalty will be calculated as per the details given below. Uptime percentage - 100% less Downtime Percentage Downtime percentage - Unavailable Time divided by Total Available Time, calculated on a monthly basis. Total Available Time – 24hrs per day for seven days a week excluding planned downtime Unavailable Time - Time involved while the solution is inoperative or operates

inconsistently or erratically.



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Uptime Percentage

Penalty Details

A>=99.5% No Penalty

99.0% =< A < 99.5%

2% of cost of monthly maintenance charges

98.5% =< A < 99%

5% of cost of monthly maintenance charges

A < 98.5%

Penalty at an incremental rate of 1% (in addition to a base of 5%) of cost of monthly maintenance charges for every 0.1% lower than the stipulated uptime

The uptime percentage would be calculated on monthly basis and the calculated amount would be adjusted from every subsequent quarter payment. The SLA charges will be subject to an overall cap of 10% of the Monthly Maintenance Charges and thereafter, Bank has the discretion to cancel the contract. If Vendor materially fails to meet an uptime of 99.50% for three (3) consecutive months, the Bank may have the right to terminate the contract. If amount of penalty exceeds the amount payable by the Bank, the Performance Bank Guarantee may be invoked to recover the above amount of penalty. Availability Service Level Default

Availability Service Level will be measured on a monthly basis.

A Service Level Default will occur when the vendor fails to meet Minimum uptime (99.5%), as measured on a monthly basis.



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ANNEXURE - XVII

Non- Disclosure Agreement Format (On Rs.100 Non-Judicial stamp paper)

This Non-Disclosure Agreement made and entered into at…………. This ………..day of…………..20__ BY AND BETWEEN ………………………………… Company Limited, a company incorporated under the Companies Act, 1956 having its registered office at ….………. (Hereinafter referred to as the Vendor which expression unless repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns) of the ONE PART; AND Oriental Bank of Commerce, a body corporate, established under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1980 and having its Corporate Office at Oriental Bank of Commerce Plot No. 5, Institutional Area, Sector-32 Gurugram- 122001 (hereinafter referred to as “Bank” which expression shall unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its successors and permitted assigns) of the OTHER PART. The Vendor and Oriental Bank of Commerce are hereinafter collectively referred to as “the Parties” and individually as “the Party” WHEREAS: 1. Oriental Bank of Commerce is engaged in the business of providing financial services to its customers and intends to select a vendor for Learning Management System (LMS) and Content Development. In the course of such assignment, it is anticipated that Oriental Bank of Commerce or any of its officers, employees, officials, representatives or agents may disclose, or deliver, to the Vendor some Confidential Information (as hereinafter defined), to enable the Vendor to carry out the aforesaid assignment ( hereinafter referred to as " the Purpose"). 2. The Vendor is aware and confirms that all information, data and other documents made available in the RFP/Bid Documents/Agreement /Contract or in connection with the Services rendered by the Vendor are confidential information and are privileged and strictly confidential and or proprietary of Oriental Bank of Commerce. The Vendor undertakes to safeguard and protect such confidential information as may be received from Oriental Bank of Commerce.

NOW, THEREFORE THIS AGREEMENT WITNESSED THAT in consideration of the

above premises and the Oriental Bank of Commerce granting the Vendor and or his

agents, representatives to have specific access to Oriental Bank of Commerce property /

information and other data it is hereby agreed by and between the parties hereto as

follows:



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1. Confidential Information: (i) “Confidential Information” means all information disclosed/furnished by Oriental Bank of Commerce to the Vendor whether orally, in writing or in electronic, magnetic or other form for the limited purpose of enabling the Vendor to carry out the proposed Implementation assignment, and shall mean and include data, documents and information or any copy, abstract, extract, sample, note or module thereof, explicitly designated as "Confidential"; Provided the oral information is set forth in writing and marked "Confidential" within seven (7) days of such oral disclosure and also other information that vendor learns in the course of employment. (ii) The Vendor may use the Confidential Information solely for and in connection with the Purpose and shall not use the Confidential Information or any part thereof for any reason other than the Purpose stated above. Confidential Information in oral form must be identified as confidential at the time of disclosure and confirmed as such in writing within seven (7) days of such disclosure. Confidential Information does not include information which: a) Is or subsequently becomes legally and publicly available without breach of this Agreement by either party, b) was rightfully in the possession of the Vendor without any obligation of confidentiality prior to receiving it from Oriental Bank of Commerce, c) Was rightfully obtained by the Vendor from a source other than Oriental Bank of Commerce without any obligation of confidentiality, d) was developed by for the Vendor independently and without reference to any Confidential Information and such independent development can be shown by documentary evidence, or is/was disclosed pursuant to an order of a court or governmental agency as so required by such order, provided that the Vendor shall, unless prohibited by law or regulation, promptly notify Oriental Bank of Commerce of such order and afford Oriental Bank of Commerce the opportunity to seek appropriate protective order relating to such disclosure. e) the recipient knew or had in its possession, prior to disclosure, without limitation on its confidentiality; f) is released from confidentiality with the prior written consent of the other party. The recipient shall have the burden of proving hereinabove are applicable to the information in the possession of the recipient. Confidential Information shall at all times remain the sole and exclusive property of the disclosing party. Upon termination of this Agreement, Confidential Information shall be returned to the disclosing party or destroyed, if incapable of return. The destruction shall be witnessed and so recorded, in writing, by an authorized representative of each of the parties.

Nothing contained herein shall in any manner impair or affect rights of Oriental Bank of

Commerce in respect of the Confidential Information.

In the event that any of the Parties hereto becomes legally compelled to disclose any Confidential Information, such Party shall give sufficient notice to the other party to enable the other Party to prevent or minimize to the extent possible, such disclosure. Neither party shall disclose to a third party any Confidential Information or the contents of this Agreement without the prior written consent of the other party. The obligations of this Clause shall be satisfied by handling Confidential Information with the same degree of



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care, which the receiving party applies to its own similar confidential information but in no event less than reasonable care. The obligations of this clause shall survive the expiration, cancellation or termination of this Agreement 2. Non-disclosure: The Vendor shall not commercially use or disclose any Confidential Information or any materials derived there from to any other person or entity other than persons in the direct employment of the Vendor who have a need to have access to and knowledge of the Confidential Information solely for the Purpose authorized above. The Vendor shall take appropriate measures by instruction and written agreement prior to disclosure to such employees to assure against unauthorized use or disclosure. The Vendor may disclose Confidential Information to others only if the Vendor has executed a Non-Disclosure Agreement with the other party to whom it is disclosed that contains terms and conditions that are no less restrictive than these presents and the Vendor agrees to notify Oriental Bank of Commerce immediately if it learns of any use or disclosure of the Confidential Information in violation of terms of this Agreement. Notwithstanding the marking and identification requirements above, the following categories of information shall be treated as Confidential Information under this Agreement irrespective of whether it is marked or identified as confidential: a) Information regarding Oriental Bank of Commerce and any of its Affiliates, customers and their accounts (“Customer Information”). For purposes of this Agreement, Affiliate means a business entity now or hereafter controlled by, controlling or under common control. Control exists when an entity owns or controls more than 10% of the outstanding shares or securities representing the right to vote for the election of directors or other managing authority of another entity; or b) any aspect of Oriental Bank of Commerce's business that is protected by patent, copyright, trademark, trade secret or other similar intellectual property right; or c) Business processes and procedures; or d) Current and future business plans; or e) Personnel information; or f) Financial information.

3. Publications: The Vendor shall not make news releases, public announcements, give

interviews, issue or publish advertisements or publicize in any other manner whatsoever

in connection with this Agreement, the contents / provisions thereof, other information

relating to this Agreement, the Purpose, the Confidential Information or other matter of

this Agreement, without the prior written approval of Oriental Bank of Commerce.

4. Term: This Agreement shall be effective from the date hereof and shall continue even after the expiration of the Contract or till termination of this Agreement by Oriental Bank of Commerce, whichever is earlier. The Vendor hereby agrees and undertakes to Oriental Bank of Commerce that immediately on termination of this Agreement it would forthwith cease using the Confidential Information and further promptly return or destroy, under information to Oriental Bank of Commerce, all information received by it from Oriental Bank of Commerce for the Purpose, whether marked Confidential or otherwise, and whether in written, graphic or other tangible form and all copies, abstracts, extracts, samples, notes or modules thereof. The Vendor further agree and undertake to Oriental



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Bank of Commerce to certify in writing upon request of Oriental Bank of Commerce that the obligations set forth in this Agreement have been complied with. Any provisions of this Agreement which by their nature extend beyond its termination shall continue to be binding and applicable without limit in point in time except and until such information enters the public domain. 5. Title and Proprietary Rights: Notwithstanding the disclosure of any Confidential Information by Oriental Bank of Commerce to the Vendor, the title and all intellectual property and proprietary rights in the Confidential Information shall remain with Oriental Bank of Commerce. 6. Remedies: The Vendor acknowledges the confidential nature of Confidential Information and that damage could result to Oriental Bank of Commerce if the Vendor breaches any provision of this Agreement and agrees that, if it or any of its directors, officers or employees should engage or cause or permit any other person to engage in any act in violation of any provision hereof, Oriental Bank of Commerce may suffer immediate irreparable loss for which monetary compensation may not be adequate. Oriental Bank of Commerce shall be entitled, in addition to other remedies for damages & relief as may be available to it, to an injunction or similar relief prohibiting the Vendor, its directors, officers etc. from engaging in any such act which constitutes or results in breach of any of the covenants of this Agreement. Any claim for relief to Oriental Bank of Commerce shall include Oriental Bank of Commerce's costs and expenses of enforcement (including the attorney's fees). 7. Entire Agreement, Amendment and Assignment: This Agreement constitutes the entire agreement between the Parties relating to the matters discussed herein and supersedes any and all prior oral discussions and / or written correspondence or agreements between the Parties. This Agreement may be amended or modified only with the mutual written consent of the Parties. Neither this Agreement nor any right granted hereunder shall be assignable or otherwise transferable. 8. Governing Law: The provisions of this Agreement shall be governed by the laws of India and the competent court at Delhi shall have exclusive jurisdiction in relation thereto even though other Courts in India may also have similar jurisdictions. 9. Indemnity: The Vendor shall defend, indemnify and hold harmless Oriental Bank of Commerce, its affiliates, subsidiaries, successors, assigns, and their respective officers, directors and employees, at all times, from and against any and all claims, demands, damages, assertions of liability whether civil, criminal, tortuous or of any nature whatsoever, arising out of or pertaining to or resulting from any breach of representations and warranties made by the Vendor. and/or breach of any provisions of this Agreement, including but not limited to any claim from third party pursuant to any act or omission of the Vendor, in the course of discharge of its obligations under this Agreement. 10. General: The Vendor shall not reverse - engineer, decompile, disassemble or otherwise interfere with any software disclosed hereunder. All Confidential Information is provided “as is”. In no event shall the Oriental Bank of Commerce be liable for the inaccuracy or incompleteness of the Confidential Information. None of the Confidential Information disclosed by Oriental Bank of Commerce constitutes any representation, warranty, assurance, guarantee or inducement with respect to the fitness of such Confidential Information for any particular purpose.



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Oriental Bank of Commerce discloses the Confidential Information without any representation or warranty, whether express, implied or otherwise, on truthfulness, accuracy, completeness, lawfulness, and merchantability, fitness for a particular purpose, title, non-infringement, or anything else. 11. Waiver: A waiver (whether express or implied) by Oriental Bank of Commerce of any of the provisions of this Agreement, or of any breach or default by the Vendor in performing any of the provisions hereof, shall not constitute a continuing waiver and such waiver shall not prevent Oriental Bank of Commerce from subsequently enforcing any of the subsequent breach or default by the Vendor under any of the provisions of this Agreement. 12. Resolution of Dispute: All disputes, claims or differences arising out of or in connection with the execution, interpretation and performance of this Agreement arising between the Vendor & Bank out of or in relation to the construction, meaning and operation of effect of the contract or breach thereof shall be settled amicably. If however, the parties fail to resolve the dispute, claims or differences within a period of 30 (thirty) days from the dispute being referred to them, such dispute, claim or differences shall be referred to a court of having competent jurisdiction by either of the party. Any court of competent jurisdiction located in New Delhi shall have exclusive jurisdiction for adjudication of the dispute. 13. The NDA forms part of the Contract, dated …………………………………..and would be governed by the same. 14. Counterparts: This agreement has been executed in two originals. Both Parties, shall keep one original each and both together shall constitute a single agreement between the Parties. In witness whereof, the Parties hereto have executed these presents the day, month and

year first herein above written.

For and on behalf of………………………………………………………………………………………………………. Ltd. (___________) Designation For and on behalf of Oriental Bank of Commerce (___________) Designation



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ANNEXURE - XVIII

Performa for Performance Bank Guarantee (PBG)

(To be stamped in accordance with stamp act)

Department of Information Technology

Corporate Office,

Oriental Bank of Commerce

Plot No. 5, Sector 32, Gurugram – 122 001

In consideration of Oriental Bank of Commerce (hereinafter called “the said Purchaser”)

having its office at the aforesaid address, having agreed to purchase/engage

________________ from _____________________ having its office at

___________________ (hereinafter called “the said Supplier/Vendor/Contractor)” under

the terms and conditions of an Agreement dated ______ (hereinafter called “the said

Agreement”).

Towards the security for the due fulfillment of the terms and conditions contained in the

said Agreement, it has been agreed by the said Supplier/Vendor/Contractor that he shall

provide a Bank Guarantee for _______ (Rupees ________ only).

We ____________ (indicate the name of the Bank) (hereinafter referred to as “the Bank”)

at the request of _______________ (Supplier/Vendor/Contractor) do hereby undertake

and guarantee to pay to the Purchaser an amount not exceeding Rupees ________

(either in lump sum or in parts) against any loss or damage claimed by the said

purchaser to have been caused to or suffered or would be caused to or suffered by the

Purchaser stated by the said purchaser to be the reason of any breach by the said

Supplier/Vendor/Contractor(s) of any of the terms or conditions contained in the said

Agreement.

Unless repugnant to the context or meaning thereof, expressions, Purchaser,

Supplier/Vendor/Contractor, Bank shall mean and include their heirs, representatives,

successors, executors, administrators, assigns, etc., as may be applicable,

The Bank does hereby undertake to pay the amount(s) due and payable under the

guarantee without any demur, merely on a demand from the Purchaser stating that the

amount(s) claimed is/are due by way of loss or damage caused to or would be caused to

or suffered by the Purchaser by reason of breach by the said

Supplier/Vendor/Contractor(s) of any of the terms or conditions contained in the said

Agreement or by reason of the Supplier/Vendor/Contractor(s) failure to perform its



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obligations under the said Agreement. Any such demand made by the Purchaser on the

Bank shall be conclusive as regards the amount(s) due and payable by the Bank under

this guarantee, whether made in one go or in parts. However, Bank‟s liability under this

guarantee shall in totality be restricted to an amount not exceeding Rupees _________,

whether or not invoked or if invoked, in part or otherwise.

The Bank undertakes to pay the Purchaser any money so demanded notwithstanding

any dispute or disputes raised by the Supplier/Vendor/Contractor(s) or any suit or

proceedings pending before any Court or Tribunal relating thereto, unless there is a stay

granted by the court or tribunal on such payment. Thereby meaning that Bank‟s liability

under the present guarantee shall be absolute and unequivocal in any circumstances

what so ever, if called upon to pay by the Purchaser. However our liability shall not

exceed in Rupees ___________ (in words)

The Bank further agrees that the guarantee herein contained shall remain in full force

and effect during the period that would be taken for the performance of the said

Agreement and that it shall continue to be enforceable till all the dues and or advances

made by the Purchaser under or by virtue of the said Agreement have been fully paid

and its claims satisfied or discharged or till _________, the Purchaser certifies in writing

that the terms and conditions of the said Agreement have been fully and properly carried

out by the said Supplier/Vendor/Contractor(s) and accordingly the Purchaser discharges

this guarantee, either in writing or by returning the Original Guarantee Bond or till its

expiry whichever is earlier to the Bank.

The Bank before the release of the Bank Guarantee Bond in original by the purchaser

and before the expiry of this guarantee, as per clause 3 of this Guarantee Bond, may

renew this guarantee for the same period as was initially requested upon for this

guarantee or for any shorter period, at the option of the purchaser, under intimation to the

vendor.

The Bank further agrees with the Purchaser that the Purchaser shall have the fullest

liberty without Bank‟s or Supplier/Vendor/Contractor(s) consent and without affecting in

any manner Bank‟s obligations hereunder to vary any of the terms and conditions of the

said Agreement or to extend time of performance by the said

Supplier/Vendor/Contractor(s) from time to time or to postpone for any time or from time

to time any of the powers exercisable by the Purchaser against the said

Supplier/Vendor/Contractor(s) and to forbear or enforce any of the terms and conditions

relating to the said agreement and the Bank shall not be relieved from its liability by

reason of any such variation, or extension being granted to the said

Supplier/Vendor/Contractor(s) or for any forbearance, act or omission on the part of the

Purchaser or any indulgence by the Purchaser to the said Supplier/Vendor/Contractor(s)

or by any such matter or thing whatsoever which under the law relating to sureties would,

but for this provision, have effect of so relieving the Bank, in any manner what so ever.

This guarantee will not be discharged during its currency due to the change in the

constitution of either the Bank or the Purchaser or the Supplier/Vendor/Contractor(s), in

any manner what so ever.



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The Bank lastly undertakes not to revoke this guarantee during its currency or extensions

thereof, except with the previous consent of the Purchaser, in writing or otherwise than

as is provided in this Guarantee.

The Bank also agrees that the Purchaser at its option shall be entitled to enforce this

Guarantee against the Bank as its principal debtor in first instance without proceeding

against the said Supplier/Vendor/Contractor(s), and notwithstanding any security or other

guarantees that the Purchaser may have in relation to or in relation to the

Supplier/Vendor/Contractor(s) liabilities from time to time, as this guarantee constitutes a

separate, distinct and independent contract between the Bank and the Purchaser.

Any officer of the Purchaser of the rank of Senior Manager or above, duly authorized in

this regard, shall be competent to issue demand/notice or to issue any appropriate

instructions, as the circumstances may warrant, to the Bank under this Guarantee, which

the Bank shall have to comply immediately and forthwith, without raising any dispute or

question/s in regard there to, in any manner what so ever.

Notwithstanding anything contained hereinabove:

1 The liability of the Bank under the guarantee shall not exceed Rupees __________ (in words).

2 This Bank Guarantee shall be valid either till _________ or till the issue of a fresh Bank Guarantee to the Purchaser with an extended period in lieu thereof or till the Purchaser certifies in writing that the terms and conditions of the said Agreement have been fully and properly carried out by the said Supplier/Vendor/Contractor(s) and accordingly the Purchaser discharges this guarantee, in writing and by returning the Original Guarantee Bond to the Bank.

3 The Bank before the release of the Guarantee Bond in Original by the purchaser and before the expiry of this guarantee may at its option renew this guarantee for the same period as was initially agreed upon for this guarantee or any shorter period, at the option of the purchaser, under intimation to the vendor.

4 The Bank is liable to consider any notice for invocation of Bank Guarantee as a default by the Supplier/Vendor/Contractor(s) and shall be under an obligation to pay to the Purchaser the entire amount of Guarantee or any part thereof under this Bank Guarantee only and only if the Purchaser serves upon the Bank a written claim or demand before the expiry of either the Bank Guarantee or any extended period/s under this Bank Guarantee, as the case may be.

Notwithstanding anything contained herein our liability under this Bank guarantee shall

not exceed rupees .................../- (Rupees ....................................... Only) This Bank

guarantee shall be valid up to ............................ and we are liable to pay the guaranteed

amount or any part thereof under this Bank Guarantee only and only if you serve upon us

a written claim or demand on or before.............................

This guarantee will be returned to us as soon as the purpose for which it is issued is

fulfilled.

Dated the ________ day of _________.



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SIGNED AND DELIVERED BY

The within named Guarantor,

______________________, by the hand of Shri.__________, its authorised official.



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ANNEXURE - XIX

Annexure- Compliance Statement for Reverse Auction

(To be submitted by all the vendors participating in Reverse Auction) The Asstt. General Manager (IT) Oriental Bank of Commerce, 1st Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001 Dear Sir, Sub: RFP No.: 1. We ______________________ (name of the company) hereby confirm having submitted our bid for participating in Bank‟s RFP dated _________ for procurement of ____________. 2. We also confirm having read the terms of RFP as well as the Business Rules relating to the Reverse Auction for this RFP process 3. We hereby undertake and agree to abide by all the terms and conditions stipulated by Oriental Bank of Commerce in the RFP document including all annexures and the Business Rules for Reverse Auction 4. We shall participate in the on-line auction conducted by _____________ (Auctioneer Company) and submit our commercial bid. We shall also abide by the procedures prescribed for online auction by the auctioneer company 5. We, hereby confirm that we will honor the Bids placed by us during the auction process, failing which we shall forfeit the Earnest Money Deposit. We also understand that the bank may debar us from participating in future tenders. 6. We confirm having nominated Mr. ________________, designated as ______________ of our company to participate in the Reverse Auction on behalf of the company. We undertake that the company shall be bound by the bids made by him in Reverse Auction. 7. We undertake to submit the confirmation of last bid price by us to the auction company/Bank within 48 working hours of the completion of event. We also undertake to submit the Bill of Materials for the TCO (Total Cost of Ownership) in terms of RFP. Date: Place: Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company



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ANNEXURE - XX

Annexure- Letter of Authority for Participating in Reverse Auction

The Asstt. General Manager (IT) Oriental Bank of Commerce, 1st Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurugram – 122001 Dear Sir, Sub: RFP No. 1. We _____________________ (name of the Company) have submitted our bid for participating in Bank‟s RFP dated _________________ for procurement of _______________ . 2. We also confirm having read and understood the terms of the RFP as well as the business rules relating to the Reverse Auction for this RFP process. 3. As per the terms of RFP and Business Rules, we nominate Mr. __________________, designated as ______________________ of our company to participate in the Reverse Auction. 4. We accordingly authorize Bank and/ or the Auction Company to issue user ID and password to the above names official of the company. 5. Both Bank and the auction company shall contact the above names official for any and all matters relating to the Reverse Auction. 6. We, hereby confirm that we will honor the Bids placed by Mr. __________________ on behalf of the company in the auction process, failing which we will forfeit the EMD. We agree and understand that the Bank may debar us from participating in future tenders for any such failure on our part. Date: Place: Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company