request for proposal · request for proposal for procurement of point of sale terminals for...

CANARA BANK, HEAD OFFICE, MARKETING AND RETAIL RESOURCE WING, JEEVAN PRAKESH BUILDING, JC ROAD, BENGALURU - 560002

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REQUEST FOR PROPOSAL

For

Procurement of

Point of Sale Terminals

For

MERCHANT ESTABLISHMENT AND OTHER OPERATIONS

RFP/POS/ NO- 1/2016 Date:16.12.2016

Issued By

Canara Bank

Marketing & Retail Resource Wing,

Jeevan Prakash Building,

Head Office Annex.113/1,

J C Road, Bengaluru-560002


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Table of Contents

Sr Section Subject Page No.

Invitation to Bid 03

Bid details in brief 04

1 Definition 05-06

Disclaimer 07

Eligibility Criteria & Capabilities Preferred 08-09

2 Section-1 The Procurement Procedure 10-12

3 Section-2 Scope of Requirements & Facilitation Process 13-15

4 Section-3 Deliverables 16-22

5 Section-4 Evaluation Methodology 23-25

6 Section-5 General Instructions to the Respondents 26-39

7 Section-6 Draft Forwarding Letter 40-41

8 Section-7 Documents to be submitted as part of

Response 42

9 Exhibits 1-8 Exhibits 43-61

10 Annexure A Performa for Performance Guarantee 62-64

11 Annexure B Integrity part 65-72

12 Annexure C Bank Guarantee format for Bid Security Deposit 73


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The Bid Document may be obtained from the Bank as under or downloaded from Bank’s Website

INVITATION TO BID

CANARA BANK, a body Corporate and a premier Public Sector Bank established in the year 1906 and nationalized under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 is having its Head Office at #112, J C Road, Bengaluru-560002 (hereinafter referred to as the “Bank”in order to expand its Point of sale (POS) infrastructure in India and to promote electronic transactions hereby invite bids from the established and eligible entities (hereinafter referred to as “Respondents” or “Bidders”) to provide the deliverables, more particularly described hereinafter in this Request for Proposal (RFP) in accordance with the terms and conditions described herein.

www.canarabank.com. The fully completed bid document must be submitted to the office of

The Deputy General Manager

Canara Bank,

Marketing & RR Wing, Head Office.

1st Floor, Jeevan Prakash Building

113-1, JC Road, Bengaluru -560002

PHONE NO. 080-22223396

Please note that all the information required as detailed in this RFP need

to be provided. Incomplete information may lead to non-consideration of the proposal.

All Bids must be accompanied by Bid Security Deposit/Bank Guarantee and Application fee as specified in this RFP document.

Bank reserves right to change the dates mentioned in this RFP document, which will be notified to the bidders in the bank’s website.

The information provided by the bidders in response to this RFP document will become the property of BANK and proposals received from bidders will not be returned. BANK reserves the right to amend, rescind or reissue this RFP and all amendments will be advised to the bidders in bank’s website and such amendments will be binding on them.

The bidder shall submit duly signed Integrity Pact on non Judicial stamp paper of requisite value while submission of Proposal/Bid (Format enclosed Annexure B). If any bid is received without Integrity Pact as stated above such bid shall not be accepted.

Name & details of Independent External Monitors (IEMs) identified for this Tender is as under.

SN Name Email

1 Sri Dilip Mavinkurve [email protected]

2 Sri Hari Santhosh Kumar [email protected]

http://www.canarabank.com/�

mailto:[email protected]�

mailto:[email protected]�


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Sl. No.

Bid Details in Brief

Description Details

1 RFP No. and Date RFP/POS/NO 01/2016 dated 16.12.2016

2 Brief Description of the RFP Supply of Point of sale terminals with 3 years warranty and 2 years AMC

3 Bank’s Address for Communication and Submission of Tender

The Deputy General Manager

Canara Bank,

Marketing & RR Wing, Head Office.

1st Floor, Jeevan Prakash Building

113-1, JC Road, Bengaluru -560002

PHONE NO. 080-22223396

Email:[email protected]

4 Date of Issue 16/12/2016, Friday

5 Last Date of Submission of Queries for

Pre Bid Meeting 23/12/2016, Friday, 3.00 PM

6 Date of Pre Bid Meeting 30/12/2016, Friday 3.00 PM

7 Replies to Pre Bid Queries. 02/01/2017 Monday

8 Last Date of Submission of Bids 16/01/2017, Monday, UPTO 3.00 PM

9 Date and time of Opening of Part A-

Conformity to Eligibility Criteria. 16/01/2017,Monday , 3.30 PM

10 Date and time opening of Technical

Bid Part-B/ /Commercial bid/ Will be intimated at a later date.

11 Application Fees (Not Refundable) Rs. 20,000/-

12 Earnest Money Deposit(Refundable) Rs. 50,00,000/-

This document can be downloaded from Bank’s website http://www.canarabank.com/English/Scripts/Tenders.aspx. In that event, the bidders should pay the Application Fee for tender document by means of DD drawn on any scheduled Commercial Bank for the above amount in favour of Canara Bank, payable at Bengaluru and submit the same along with the Bid document.

http://www.canarabank.com/English/Scripts/Tenders.aspx�


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Definitions

In this Contract, the following terms shall be interpreted as indicated:

The “Bank”’ means unless excluded by and repugnant to the context or the meaning thereof, shall mean ‘Canara Bank’, described in more detail in paragraph 1 above and which has invited bids under this RFP and shall be deemed to include it successors and permitted assigns.

“Card” means credit card or debit card or Prepaid card or NFC card any other card issued by an Issuer.

“Card Organization” includes VISA, MasterCard, RuPay and any other card organization offering credit, debit or any other card programme to Issuers.

“Issuer” means a licensee of a Card Organization issuing a Card.

“The Branches” means various branches / offices of the Canara bank, and located in India where the equipment/POS Terminal is to be supplied, installed and commissioned.

“Merchant” shall mean an individual or entity that engages in, or desires to engage in Card Transactions with its customers.

“The Merchant Establishment” means various Merchant locations/outlets where the POS Terminal is to be installed and commissioned as part of Bank’s Member establishments.

“The Contract” means the agreement entered into between the Bank and the Vendor, including all attachments and appendices thereto and all documents incorporated by reference therein;

“Vendor” or “Terminal Vendor” is the successful Bidder/Respondent whose technical bid has been accepted and whose price as per the commercial bid is the lowest and to whom notification of award has been given by Bank.

“The Contract Price” means the price payable to the Vendor under the Contract for the full and proper performance of its contractual obligations.

“The Equipment or Point Of Sale (POS) Terminal” means all the hardware / software and / or services which the Vendor is required to supply to the Bank under the Contract;

“The Services” means those services ancillary to the supply of the Products, such as transportation and insurance, WARRANTY maintenance and other such obligations of the Vendor covered under the Contract;

“TCC” means the Terms and Conditions of Contract contained in this section;

“The Project” means supply of hardware / software & services with 3 years Warranty.and 2 years AMC.

“Technology service provider/Transaction process service provider ” Individual/firm/corporate who are indentified periodically for installation, de-installation, testing , key injector, transaction processor, Merchant payments, Asset Management, MIS report, Fraud Risk Management, Help desk, field support and/or for end to end solution to the bank. Bank will notify places of supply and authorize a Technology service provider for commissioning and testing .Any replacement of


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defunct machines are to be replaced during warranty period, when escalated by the bank and/or the Technology service provider.The vendor should attend such calls from the technology service provider also, in case the work is entrusted to them for attending trouble shooting.

In case of a difference of opinion on the part of the Bidder in comprehending and/or interpreting any clause / provision of the Bid Document after submission of the Bid, the interpretation by the Bank shall be final and binding on the Bidder.


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RFP/POS/NO 1/2016 dt 16 12 2016

DISCLAIMER

This Request for Proposal (RFP) is being issued to the respondents who fulfill the eligibility criteria prescribed elsewhere in this RFP document. This RFP is not an offer by the Bank, but an invitation to respond to this RFP document. No contractual obligation on behalf of the Bank, whatsoever, shall arise from the RFP process unless and until a definitive agreement is signed and executed by duly authorized officer of the Bank with the selected Respondent(s). It may be noted that issuance of RFP does not confer any right to be invited to participate further in the Bank’s procurement process and the Bank shall have unfettered rights and discretion in its decision regarding further participation in the same. The respondents, by accepting this document, agree that any information contained herein may be superseded by any subsequent written information on the same subject made available to the recipient or any of their authorised officer(s) including those are provided by the Bank in its web-site. It is also understood and agreed by the Respondent/s that decision of the Bank regarding selection of the supplier(s) shall be final and binding on all concerned. No communication in this regard, verbal or written, will be entertained.

2 Canara Bank and its employees make no representations or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFP Document. Canara Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP Document. Such change will be published on the Bank's Website and it will become part and parcel of RFP. The Bank also accepts no liability of any nature whether from negligence or otherwise, however caused arising from reliance of any bidder upon the statements contained in this RFP.

3.The Bank reserves the right to amend, modify, vary, add, delete, accept or cancel, in part or

full, any condition or specification of the proposals / orders / responses, without assigning any

reason there for at any stage during the process. Each Respondent shall be entirely

responsible for its own costs and expenses that are incurred while participating in the RFP,

presentations and contract negotiation processes. All such costs and expenses will remain

with the bidder and the Banks shall not be liable in any manner whatsoever for the same or

for any other costs or other expenses incurred by a bidder in preparation or submission of the

Bid, regardless of the conduct or outcome of the bidding process. The Bank reserves the

right to cancel the entire process at any stage at its sole discretion without assigning any

reason there for.

Further, the Bank may, at its sole discretion, procure supplies of POS terminals from one or more than one respondents. The procedure in this regard has been detailed elsewhere in RFP document. The decision taken by the Bank in this regard will be final and binding upon all respondents. The specifications and scope of requirements of deliverables mentioned in this RFP are indicative and non-restrictive in nature. There may be some requirements relevant but not expressly captured in this document, which upon being brought to the notice of the bidder by Canara Bank will also form part of the RFP.


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The terminals offered should be certified by MasterCard, Visa, NPCI, DFS/Diners, China Union Pay/JCB etc. and meet the standards prescribed from time to time by such agencies (Relevant certificate to be submitted)

ELIGIBILITY CRITERIA

The Bank invites offers from the interested Respondents who meet the following eligibility criteria:-

Existing manufacturers of Points of Sale Terminals who are in the line of activity for a minimum period of three year as on March. 31, 2016 (. Certificate of commencement of business or any relevant document to be submitted.)

The minimum capital and free reserves of the company as per the latest balance sheet should not be less than Rs. 50 crores including that of parent company.

Respondents should have supplied 25,000 POS terminals for capturing Merchant Acquiring transactions in India in the last one year. Bank reserves the right to reject the bid in case terminals are not successfully tested and deployed in India.( Copy of purchase order or Experience Certificate from any bank may be produced with the contact details of the person signing the Purchase Order )

Respondents should be earning profit for last three years.( Audited balance sheet as on 2013-14,2014-15 and 2015-16 to be submitted )

The Respondent(s) have in-house capabilities to develop Points of Sales Terminals, software application and customize it to Banks’ requirements. Respondent(s) has to inform the Bank the source of supply of POS terminals and Bank reserves the right to reject the bid in case the source of supply is not disclosed .(Self declaration in this regard to be submitted

The Respondent(s) MUST have capabilities and necessary certifications for manufacturing Europay MasterCard Visa (EMV), Payment Card Industry Security Standards Council (PCISSC) Standards e.g. PCI PTS, PCI PADSS, PCI DSS compliant products. All devices should be PCI PED (PIN Entry Device)/PTS (PIN Transaction Security) 3.0 certified. The Respondent(s) should provide the necessary documentary proof to this effect. EMV certification (including Level-2 and Business Application) of terminals for Bank’s Technology Service Providers will be the responsibility of the Respondent(s)/ terminal vendor and the cost for the same will also have to be borne by the Respondent(s)/terminal vendor.( Copies of certificate to be submitted)

The Respondent(s) should have capabilities to supply terminals that can process all form factors of cards such viz., Mag-stripe, Chip, Contactless, RFID, Near Field Communications, Biometrics cards etc. and also the terminals offered should support all types of Credit, Debit and Pre-paid cards.( Self declaration to be submitted.)

Terminals should be upgradable to capture data for biometric authentication. And

Aadhar enabled payment system (AEPS) (Self declaration to be submitted)

The terminals offered should support signature based ,Chip based, Contactless (NFC) and PIN based cards . ( Self declaration to be submitted)


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The terminals should be able to accept VISA/Master Card/JCB/RuPay/China Union Pay/Diners etc., cards (Necessary certifications must be provided)

Terminal vendor (Respondent) should have service centres, having adequate number of trained personnel, at minimum 8 locations spread in different states of the country (Details of locations may be submitted)

Respondent(s) should be Competent to support other value added services including Cash at POS, remittances, utility bill payment, EMI payments, bus ticketing, rail/air ticketing, mobile top up , Dynamic Currency conversion, Pre authorization facility etc. as per the existing and future requirement of the Bank. Cost of developing necessary application for value added services is to be factored in the cost. (Self declaration in this regard may be submitted)

The Bidder should not have been blacklisted or debarred by any Govt entity, Bank or Corporate Institutions. (The Bidder should give a notarized affidavit to this effect.)

Capabilities preferred from the Respondent(s):

The Respondent(s) should have the experience of minimum three years supplying POS devices to at least one Bank/FI in India for Merchant Acquiring Business and should have supplied minimum of 25,000 terminals in last one year with satisfactory track record (Copy of purchase order or Experience certificate to be submitted)

The software solution should support attendant features such as Banks’ Green Channel initiative, loyalty points, EMI payments, issue of insurance policies e.g. BANK Life, LIC, General Insurance etc. as per the requirement, cash back, discounts, gift vouchers/coupons, rewards, contests and periodical schemes. In this regard, the terminal / terminal application should have the capability of getting the download through remote terminal management (RTM) system. The selected terminal vendor should provide the necessary software support for RTM. The quoted cost of the terminal should include all these facilities. (Self declaration to be submitted )

The Non-NFC POS terminals proposed to be supplied should be capable of upgrading with NFC(Near Field Communication) readers viz. the terminals can be integrated with the contactless readers either externally or internally. The NFC terminals proposed to be supplied should have integrated NFC reader. Terminals should be equipped with the necessary USB ports. The vendors should develop and provide the Bank the necessary applications for integration and acceptance of the contactless Card/NFC device. (Self declaration to be submitted in this regard.)

The terminals should be able to integrate with PC for the purpose of reading the value of transaction and automated printing of the charge slip from the terminal instead of manually swiping the card on the terminal/PC. (Self declaration in this regard to be submitted)

The terminal vendor/Respondent(s) should provide the Bank,its representative the SDK (Software Development kit) for its use. (Self declaration to be submitted.)

The terminal should have a biometric scanner of UIDAI standards to enable Aadhar Based Financial Trasactions. It should be supported such encryption standards specified by UIDAI

(Unique Identification Authority of India (Self declaration to be submitted )


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Section-1

The Procurement Procedure

Following procedure will be adopted for procurement of POS Terminals:

There will be three stage evaluation process i.e. Eligibility, Technical eligibility, and commercial evaluation for each type of POS terminal, as described in section-4. Those of the bids not qualified under the eligibility criteria would be rejected and would not be taken up for technical and commercial evaluation round.

The responses will be scrutinized against the technical parameters specifications of various types of POS terminals provided in RFP. The respondents may be asked to demonstrate Proof of Concept (POC), if considered desirable. The POC, at the sole discretion of the Bank, may be conducted at the manufacturing site(s) of the respondents.

The Respondents may be requested to provide clarification / additional information, should that is considered desirable. Such request may be made through email of the contact official of the Respondents. Non receipt of written clarification / information, from the Respondent by the prescribed date shall render the response as void and treated as withdrawn by the Respondent.

Technical evaluation of the responses will be carried out for each type of terminal as per the technical evaluation parameters and respective weightages prescribed there -against on the basis of responses, clarifications, additional information and Proof of Concept (POC). The POC will be conducted, at the discretion of the bank, by the officials of the Bank and/or its appointed representatives prior to completion of technical evaluation preferably at the manufacturing site of the respondents. All the respondents, however, shall be required to make detailed presentation to the Bank regarding technical specifications of their terminals, before technical evaluation. The maximum marks against each parameter and weightage for technical standards have been provided in RFP [Section 4 A (i)] for the sake of uniformity and transparency.

The Respondents who score minimum 75% marks in technical evaluation in different types

of POS terminals detailed in RFP shall only be short listed for commercial evaluation in that type of POS terminal. In the event of bidder failing to qualify in the technical qualification, the commercial bid of such bidder shall not be opened and shall be returned unopened.

The commercial evaluation of each type of POS terminal shall be conducted on the basis of lowest price quoted by the bidder as detailed in Section 4 (B), Commercial Evaluation Parameters, of the RFP.

Since, Bank may choose to procure supplies of POS terminals from multiple suppliers to reduce dependency on single vendor, it may, at its sole discretion, offer to not more than two remaining highest scoring bidders (L2, L3) to quote the price to match the price/scores/terms, as the case may be, offered by the highest scorer (L-1).

L1 bidder will be considered first for award of contract and thereafter L-2 vendor (L-3 vendor, if L-2 vendor does not agree to match the L-1 price) in case the Bank desires so. However, order quantity to vendors other than L-1 as above shall not exceed 40%.


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The Bank shall exercise the option of procuring POS terminals from other selected bidders in the event of performance of any of short listed bidders is not satisfactory. The decision of the Bank shall be final and binding upon all concerned.

The bidder shall enclose along with the proposal Application fee of RS.20000/- by way of Demand Draft . Bid Security of RS.5000000/ - (Rupees Fifty Lakh only) by way of a demand draft payable at any branch of Canara Bank , valid for 3 (three) months OR in the form of Bank Guarantee, the same should be valid for the minimum period of 6 months with additional claim period of 3 months from the last date for submission of Bid. The format for submission in the form of Bank Guarantee is as per ANNEXURE –C. The Bid Security/Bank Guarantee submitted in response to RFP shall be invoked by the Bank in case the bidder does not abide by its bid. No relaxation of any kind on Bid Security will be given to any bidder.

The demand draft so deposited will be returned / released to bidders whose bids stands rejected ,at the earliest.

Application fee is non refundable.

Conditions where the Bid Security can be forfeited are as under:

If the Bidder withdraws or amends his bid during the period of bid validity.

If the bidder makes any Statement or enclose any document which turns out to be false or incorrect.

In case the successful bidder fails to sign the contract within the stipulated time or fails to furnish the Performance Guarantee to the Bank. `

The Bid Security will be returned to the selected bidder after signing of contract and submission of Performance Bank Guarantee. However, no claim for interest on any such amount shall be entertained by the Bank. The RFP response received without Bid Security will be rejected by the Bank

The successful bidder(s) would be required to submit Performance Guarantee for a sum equivalent to 10% of the amount of the purchases. The Performance Guarantee should be issued by a first class scheduled commercial Bank other than Canara Bank. This is prescribed to ensure that bidders comply with the terms agreed by them for supply of POS terminals. The Performance Guarantee shall be valid for a period of forty two months plus six months claim period i.e. for 48 months from the date of issuance of Bank guarantee after the first date of supply of POS terminals to the Bank. The Performance Guarantee of those bidders who do not comply with the offered terms explicitly agreed by them will be invoked by the Bank. The decision of the Bank, in this regard, will be final and binding on respondents. In addition to the performance guarantee of 10%, the terminal vendors/Respondents are liable to the Bank to the extent of RFP/Order value in case the bank suffers any loss due to the malfunctioning of the terminal software.


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Government of India Guidelines On Purchase Preference

1.11Procurement through Micro & Small Enterprises [MSEs]:

Procurement through MSEs will be done as per the Policy guidelines issued by the Ministry of Micro, Small & Medium Enterprises from time to time. Following are the conditions applicable as per the Government of India Guidelines

1.1.1.his MSEs should have registered with :

1.1.1. 1.District Industries Centres or

2 Khadi Village Industries Commission or

3 Khadi & Village Industries Board or

4 Coir Board or National Small Industries Corporation or

5 Directorate of Handicrafts & Handloom or

6 Any other body specified by the Ministry of Micro, Small & Medium Enterprises.

1.1.2 MSEs participating in tenders, quoting price within price band of L1+15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 in a situation where L1 price is from someone other than MSE & such MSE shall be allowed to supply upto 20% of total tendered value. In case of more than one such MSE, the supply shall be shared proportionately according to the tendered quantity.

1.1.1.3 Bank shall procure minimum 20% of their annual value of goods or services from MSEs.

1.1.4 Special provisions for MSEs owned by SC or ST-

Out of the 20% annual target from MSE, a sub-target of 20% [i.e. 4% out of 20%] shall be earmarked for procurement from MSE owned by SC or ST entrepreneurs.

1.1.5 MSEs are also exempted from paying Application fee/cost & EMD.

1.1.6 MSEs should submit the relevant documentary proof for claiming the exemptions.

1.1.7 MSEs shall have basic required qualification under eligibility criteria specified in the RFP and the above Policy will be applicable to those qualifying Bidders only.

1.2 The Eligible MSEs who intend to match the L1 Price (ultimately decided by the Bank) shall indicate the willingness to match the L1 Price within 6 working days from the date of communication from the Bank to avail the purchase preference.

1.3 The details are available on web site dcmsme.gov.in.

Interested vendors are requested to go through the same for details. This RFP will be guided by those guidelines


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Section-2

Although, the Bank is confident about achieving the aforesaid numbers, the actual position would depend upon the situation at the material time including the Government Directives, statutory regulations etc., and the Bank does not assume any responsibility for short procurement/nil procurement/ variation/cancellation of orders whatsoever, in this regard. The roll out is envisaged PAN India simultaneously and cover all types of Merchant Locations.

The POS terminals shall have to be Screen printed/embossed prominently with bank name , Logo and colour should be customized.

It is necessary that Bank’s POS should be separately identifiable in terms of color and display. Respondents are also welcome to provide their innovative ideas, which they can provide to the Bank along with their POS terminals to achieve the Bank’s objective of having distinctly identifiable POS terminals of the Bank different from other players in the field, along with the technical bid.

Scope of Requirements and Facilitation Process

A-Scope of Requirements

Canara Bank has pan India presence with about 5900+ branches. Bank also plans to expand its business by opening a large number of branches and ATMs in the coming years. Canara Bank has over 75.2 million customers..

In order to create POS infrastructure in the country to promote electronic transactions passing through the merchant locations, the Bank plans to add over 25000 (Twenty five Thousand) terminals in next 6 months at various Merchant establishments. The present RFP is for 6 months requirement i.e. 25000 POS terminals keeping in view of the urgent business requirement. Further bank will also have an option to procure 25% additional terminal in addition to the quantity mentioned in the RFP, if need arises. As such, in present case ,the Bank may procure up to 31250 terminals from the shortlisted vendor(s) at the L-1 rate.

The Bank would have the option to review the prices and other terms of supply at any time, should that be considered desirable. However, once the final price is quoted, no escalation is permitted subsequently during the period of 6 months commencing from the date of execution of POS Purchase Agreement.

Supply of POS terminals by the selected vendor for the said 6 months will not confer right to claim supply for the subsequent requirements. However, Bank reserves the right to procure supply at the same rate and terms for the said period of 6 months, also in exigencies for a further period of six months.

IT MAY ALSO BE NOTED THAT BANK WILL NOT BE ABLE TO ADVISE SCHEDULE OF REQUIREMENTS AND WOULD PROCURE SUPPLIES AS PER ITS ACTUAL REQUIREMENT OVER A PERIOD OF 6 MONTHS DEPENDING UPON THE NEED


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The facilitation process to respond to RFP

1 The respondents are required to submit detailed response to the RFP delineating their capabilities to supply the required POS terminals.

2 A Pre-bid meeting will be arranged by the Bank as per the schedule of activities provided at the end of this Section in order to provide clarifications to queries received from the bidders, should that be considered relevant. The queries may be sent to the Bank through email at the mail address of the office provided elsewhere in this section. However, the Bank, at its sole discretion, reserves the right whether to respond or not to all / some of the queries received from the prospective respondents or provide written clarifications.

The Bank will endeavor to respond to the queries of prospective respondents received within the prescribed date from the eligible and prospective respondents. The Bank will provide the response to those queries considered relevant to all entities who are interested in the RFP to ensure transparency in this regard. No oral response to a clarification request shall be construed as amending this RFP document.

Nothing in this section shall be taken or read as compelling or requiring the Bank to respond to any questions or to provide any clarifications. No extension of any deadline will be granted on the basis or grounds that the Bank has not responded to any question or provided any clarification. The Bank, at its sole discretion, may issue addendum to the RFP, if considered desirable. Clarificatory responses issued by the Bank in response to queries shall be deemed to form part and parcel of this RFP. The specifications and scope of requirements of deliverables mentioned in this RFP are indicative and non-restrictive in nature. There may be some requirements relevant but not expressly captured in this document, which upon being brought to the notice of the bidder by Canara Bank will also form part of the RFP In case of a difference of opinion on the part of the Bidder in comprehending and/or interpreting any clause / provision of the Bid Document or in interpreting/understanding any clarificatory responses issued by the Bank, the interpretation by the Bank shall be final and binding on the Bidder after submission of the Bid by the Bidder.

The Respondents are required to submit their detailed response to each of the qualification parameters seriatim listed elsewhere in this document. The documentary proof in support of all claims of performance, certification, standards, financials, references made in the responses may be enclosed failing which, the Bank may not take cognizance of such qualification or even reject the response at its sole discretion.

3 For any assertion made in response to the RFP, the Bank reserves the right to seek additional documentary proof, as deemed necessary. Non submission of required proof/ documentary evidence within the time limit prescribed by the Bank shall render the response void and it would be treated as withdrawn.

4. Please submit your responses on the lines detailed in Section-5, para 4, under the head

“Submission of Response” in the RFP document.


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5. No further communication as regard to the venue and time for opening of responses

except in case of change thereof will be provided.

6. The Bank will notify the revised dates on its website in case any modification is made prior

to the last date of submission of response or communicate to the contact person of each

responding entities through email if a decision about the change of date is taken

7 Should the respondents desire to seek any clarification or any other information in this

regard, they may do so by written communication/email to the following officials:

Deputy General Manager,

Canara Bank

Marketing & Retail Resource Wing,

Jeevan Prakash Building,

Head Office Annex.113/1,

J C Road, Bengaluru-560002

Ph no. 08022223396

EMAIL: [email protected]


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Section 3

Deliverables

The deliverables to be provided to the Bank are the following:

Sr.No. Particulars Remarks

1 Technical Specifications of POS Details given in Section 3 (A) below

Terminals

2 Terminal Functional Requirements Details given in Section 3 (B) below

A Technical specifications of Point of Sale Terminals

The Bank envisages to procure 25000 POS terminal in a period of 6 months from the date of execution of agreement between Bank and Respondent (s) However, it may be noted that Bank does not assume any obligation, whatsoever, for the number of POS terminals actually to be purchased during aforesaid period. Following types of POS Terminals are expected to be procured : (Indicative only-Bank may inter change the types of terminal, quantity as per our actual requirement within the overall RFP value)

Tentative Requirement Type of Terminal Indicative % of Total Interchangeability

Number

Desktop - PSTN and 20% Bank will have 100% Ethernet interchangeability between NFC and

NON NFC

Portable – GPRS 80% Bank will have 100% interchangeability between NFC and NON NFC.

Apart from the interchangeability between NFC and non-NFC terminals, Bank will have full interchangeability among above POS terminals models i.e. Desktop - PSTN and Ethernet , Portable GPRS.


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However for the purpose of evaluation, number of terminals will be taken as under:

Type of Terminal Indicative % of Total Number Desktop - PSTN and Ethernet 5000

Portable – GPRS 20000 Total 25000

2 The Respondents are required to offer their suitable products in above categories. Following

features are pre-requisite for technical qualification :

i) The PCI-PED/PCI-PTS ii) Europay MasterCard Visa (EMV) compliant and also /standards mentioned by the

Regulator should be complied with, including the Prompting of PIN, TLE and

DUKPT)Integrated Shield to cover Key Pad of POS terminals. 3 The Respondent(s) products MUST conform to all of the above standards. 4 The details in respect of each of the above product offered for supply should be provided on the

following lines :

Requirement Specification- Make & Model Operating System (OS)

Adaptability of the terminal to take new versions of OS in case of up- gradation or change

POS Terminal Hardware & Processor

Processor Speed viz., ARM, MHz, bit Magnetic Card Reader (Track Level) Smart Card Reader (ISO standards, synchronous and asynchronous card details, EMV level, number of card insertions) SAM Card Reader (Security Access Modules) Details Keypad Details including number of function keys and rate for number of key presses Number of peripheral Ports including details of how these are powered / USB details Display details including pixel, graphical, backlit information, display inches, character line support Weight

Security Features:

Level of PCI

Level of EMV SSL Details

3DES Encryption Details

Master/Session and DUKPT key / line encryption management

Details MasterCard PTS ROHS (Restriction of Hazardous Substances) Compliance


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Printer: Printer Details including graphics capabilities, print lines per

second, tally roll dimensions Modem and Modem Details (kbps), Protocol Frequencies

Connectivity Requirement Specification

Memory Total Memory:

- Flash

- SDRAM

- SRRAM

- Ability to upgrade RAM using SAM Slots Environmental Operating Temperature, humidity tolerance and non-condensing

details Connectivity Network details and communication options supported

Power Voltage Input & Output Details

Battery Details


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B. Terminal Functional Requirements

1-Product History

The Respondents should include a summary history of each terminal solution being offered. A brief outline of future development strategies should also be detailed (which may include specific Research & Development).

2-Training

Detailed proposals for all aspects of training required must be separately identified.. This should encompass end-user (personnel of Technology service provider/Bank who needs to know for key injection, terminal maintenance and other activities etc.) training, and where applicable, system administration and configuration, and troubleshooting for the Help Desk area.

3-POS Terminal & System Software

The POS Terminal/Software requirements for the Terminal Management and Database system/configuration should be given in detail. This should include the estimated costs. Specific costs regarding the original set-up and ad-hoc downloads of new software to the terminal base must be included in the response to the RFP (if any). Key injection in the terminals will be done by the Bank’s Technology Service Provider. Vendor has to provide all the necessary support for key injection, for any operational requirements of the System, to the Bank’s Technology Service Provider to cater to further significant growth/expansion during the entire life cycle of the terminals.Particular attention should be paid to any operational requirements of the system and it should cater to for further significant growth/expansion.

4-Support and Release Management Philosophy

The level of on-going support and the overall release management philosophy of the supplier must be set out. The level of support provided and guaranteed response times will be critical. Escalation procedures should also be identified, and should be included in the proposal. The proposal should detail all available levels of support from helpdesk, remote dial-in support to location/composition of support team.

5-Terminal Protocols

The Respondent should outline the details of all current terminal message protocols supported. Details of software supplied with the POS Terminal should be outlined. The respondent should have proper ownership/license/authority in respect of such software to provide the same to Bank.

The Respondent should be proactive in monitoring technical developments in the point of sale arena; ensuring that the devices on offer to the customer keep pace with change in that environment. This could include specific Value Added Services (VAS) functionality that a supplier may be able to offer to meet the changing retailer demands or to provide new income streams to both the Bank and the Retailer (e.g. Top Up, Bill Payment, Cash@POS, Dynamic Currency Conversion etc). While bidding, providing software application for all such value added services also needs to be factored in.


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The Respondent must be able to reply to new requirements (enhancements/modifications) which may or may not fall under on-going scheme compliance. Details must be provided for how these changes will be handled.

6-Terminal Management

The Respondent must be able to provide a comprehensive Terminal Management System (TMS) compatible to the switches used by Bank’s Technology Service Providers (Bank’s present Service Provider is Atos Worldline India Ltd. switch) and Base 24 switch of ACI Worldline P LTD , which will facilitate capability to deploy and remote manage all aspects of the terminal life cycle, cost effectively.Vendor should facilitate the switch change,if required by the bank, during the warranty period and AMC period.The Terminal Management system must provide for mass maintenance/scheduling, based on various criteria, location, and type of business etc. The Respondent should note that the BANK, wishes to undertake terminal management activities directly or through its Technology Service Provider, and does not require the supplier to manage any aspects of this, other than in providing licences and any related POS Terminal infrastructure to run the TMS.

The Terminal Management System must be able to provide a central (Remote) download capability for all features/applications that are in the terminal today and also cater for the forthcoming plans to roll out new VAS (Value Added Services) solutions etc.

Specific costs regarding the original set-up and ad-hoc downloads of new software to the terminal base must be included in the response to the RFP (if any).

The response to the RFP must highlight all aspects of procedure around the management of the database and specifically the issue of remote management/scheduling.

Detailed analysis with regard to the type of Database (relational etc), the system benefits with regard to capacity for terminals, future growth potential should be clearly documented in this section of the response.

The TMS system is one of the key factors and existing reference sites should be highlighted with the relevant key contacts.

7-Telecommunications

Full specifications regarding the range of telecommunications options available on all terminals should be clearly laid out in response to the RFP. Details of IP, GPRS, PSTN, Bluetooth and dual communication configurations should be supplied.

8-Value Added Services (VAS)

Value Added Service and Innovative features will enhance the Respondents proposal. Details of all Value Added Services capabilities and Innovative features should be outlined in the response.

9-EMV (Europay MasterCard and Visa) Compliance

The terminal must be EMV compliant (minimum standard is EMV 4). The Respondent will have to be an EmvCo approved vendor. Some information on the management of Chip Applications would be


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advantageous. A full list of Card Verification Methods supported should be outlined here. Details of all approvals Level I and Level II should be included in the response to the RFP.

10-PCI (Payment card Industry) Approval

The terminal must meet the latest PCI mandates for PCI DSS, PCI PA DSS, PTS and PCI PED and PCI PTS. Details of all approvals should be provided in the response to the RFP.

11-Payment Industry Approvals

The terminal should be certified to all the latest Payment Industry Mandates. Details of all approvals should be outlined.

12-Capacity

The proposal should identify the capacity of entries/transactions the terminal can hold. The proposal should also identify the number of applications that the terminal can facilitate concurrently. If various application configurations have an effect on the capacity of the terminal a matrix showing the various differences should be attached.

13-General Processing

The architecture and speed should be specified. Processing of transactions, printing of receipts and storage of transactions must operate within acceptable timescales.

14-Interfaces

If the terminal can interface to EPOS or various front-office devices, please specify the existing system interfaces that have been certified. Respondent should state whether a terminal concentrator configuration is available to handle a large number of terminals within a specific merchant. (Either a master/slave concept).

15-Terminal Stock Lead Time

The response must clearly state the delivery notice for Terminal supply. Maximum lead time/ Turn Around time (TAT) for supply of POS terminals is two weeks or 15 days from the date of issue of Purchase order.

16-On-going Maintenance

The proposal should highlight the level of on-going parameter management that can be maintained for the operation of the terminal estate, and the configuration of the software to reflect business relationships. An indication of the various terminals/manufacturers that can be managed on the existing system would also assist in evaluation of the RFP.

17-Performance Tracking

The ability of the TMS to provide performance tracking on the POS devices (failures, performance etc) should be covered. The specific MIS that is available from the TMS system should also be clearly identified and included in the response. Any malfunctioning of the terminal on account of application error (terminal application supplied by the terminal vendor) and consequent loss if any, suffered by the Bank shall be attributable to the vendor and accordingly he shall be liable to


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compensate/indemnify the Bank fully to the extent of RFP order value. However, Bank may at its discretion arrange for forensic audit to determine the malfunctioning of the software application.

18-Security

Details of Security viz., physical and logical, levels of access, contingency and Disaster Recovery capability should be provided.

19-Terminal Software - Ownership/IPR.

The RFP must address ownership of application software including the Intellectual Property rights of the software. Escrow arrangements may be required for the application and operating system software and proposals in this area are required.

20-Architecture

The proposal should address the architecture of the software design. A component-based architecture that will allow for re-use of common modules between applications is desired. The development environment for application software, together with development practices, software inventory, version control, change control and quality assurance should be included.

The functionalities included in the Software development Kits (SDKs) are to be indicated.

21-Dynamic Currency Conversion Transaction Processing

The application software should have the ability to be able to offer quotes for Multicurrency transactions. If there is a large variation in the commercials for providing this facility separate quotes may be provided for terminals with and without this facility

22-Language Support

The Respondent should outline their terminals language capabilities. Details of all Languages supported and how they are supported should be outlined.

C.

Mandatory Requirements

(These form part of response for evaluation purpose)

The mandatory functional requirement along with Certification/Compliance/Regulatory/SDK

Requirements have been listed in the Exhibit 1. The Respondents should provide their

response only in “Yes” & “No” mandatorily to all the Certification/Compliance/Regulatory/SDK

and Functional requirements stated in Exhibit -1.


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Section 4

Technical Specification

Evaluation Methodology

After evaluating the response of Respondents to the mandatory conditions stated in the Section 3(C) of this RFP fulfillment of eligibility criteria and other conditions described in this document, there will be a three stage evaluation process i.e. A. Eligibility B. Technical Evaluation and C. Commercial Evaluation.

Those of the bids not qualified under the eligibility criteria would be rejected and would not be taken up for technical and commercial evaluation round.

Final weightage of Technical and Commercial Parameters will be 0:100 respectively.

4A: Technical Specification Evaluation Parameters and Weightings:

Technical parameters have been divided into two parts i.e. (i) POS Terminal Technical Specifications, and (ii) Terminal Functional Capabilities, which would contain weightage of 60:40 respectively. The Respondents are required to score minimum 60% marks in each sub-parameter and minimum combined score of 75% in technical evaluation for each type of terminal to be eligible for commercial bidding in that type of terminal. The technical evaluation parameter with maximum score there against for each part have been given below.

A (i) : POS Terminals Technical specifications:

Bank has decided to allocate 60% of the total technical scores to technical specifications of POS terminals. Respondents should note that the Bank is only interested in receiving proposals regarding technology and POS Terminal which is available today that can be supplied by them immediately on demand. The products offered should be available for demonstration as a Proof of Concept (POC). Any false claim made by a Respondent shall render the response/bid liable for rejection. The technical specifications parameters and their respective weightages are as under. :

Maximum Scores

POS Terminal Hardware & Processor 25 Security Features 20 Memory 20 Modem & Connectivity 10 Printer 5 Environmental 5 Connectivity 5 Power 10

Total: 100

(Please refer to exhibit 2 for the details of evaluation criteria and points to be awarded for various parameters and sub-parameters. Please ensure that the response for all TWO types of terminals for which quotes have been invited is in the same format and contains all the information in respect of the items mentioned in exhibit-2I).


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The bidder who fails to bid/provide technical specifications for all types of terminals will be dis-qualified and shall not be considered for evaluation.

A (ii) : Terminal Functional Capabilities

Bank will award 40% weightage upon the quality, detail, insight and overall relationship proposals. In this evaluation parameter, marks will be available for Respondent proposals on the basis of following functional parameters:

Functional Parameter Maximum Scores Terminal Management System 25

Terminal Software Application 20

Value Added Services capabilities 10

Expenses of Research & Development activities in last three 10

years (Amt in INR and % of Gross Turnover to be provided) Locations of Terminal Repair Centres across India 15

Support and Release Management Philosophy 10

Terminal Protocol Service 10

Total: 100

(Please refer to exhibit 3 for the details of evaluation criteria and points to be awarded for various parameters and sub-parameters. Please ensure that the response for all two types of terminals for which quotes have been invited is in the same format and contains all the information in respect of items mentioned in exhibit-3).

4B . Commercial Evaluation Parameters & weightages

The commercial evaluation will be conducted separately for each type of POS terminal.. The single commercial evaluation parameters would be the lowest price {Refer Section 5 Clause (10) “Price”} for each type of terminal quoted by the bidder. Such price shall be inclusive of applicable taxes like VAT, Service tax, local taxes,import duties and excise duty if any.


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The bidder who fails to bid for all type of terminals will be dis-qualified and shall not be considered for evaluation.

It may be noted that commercial evaluation for each type of POS terminal shall be conducted as per the procedure explained in the RFP document on the basis of lowest price quoted by the bidders in Indian National Rupee (INR) for supply at any destination in India.

The bidder quoting lowest price (L-1) shall emerge as preferred supplier. It may be noted that Bank would prefer to obtain supplies from the L-1 Respondent. However, it may, at its sole discretion, procure supplies from other respondents who match the price & terms due to the reasons mentioned elsewhere in this RFP, should that is considered desirable. The Bank’s decision in this regard will be final and binding upon the bidders.

If two suppliers quote the same L1 rate ,fresh quotes will be obtained from both L1 bidders after providing reasonable time for resubmission of fresh rates. Bank’s decision regarding reasonable time shall be final and binding on the bidders. There after contract will be awarded to L1 bidder as per the fresh quotes. 4C. Others:

1.An agreement shall be executed between the Bank and selected Respondent(s) containing detailed terms and conditions and also technical specification, price and payment terms for each type of POS terminal to be supplied by such bidder(s) which will be valid for a period of 6 months from the date of execution. Bank at its discretion may consider extension of validity for a further period of 6 months from the date of expiry of the original agreement on the same agreed terms and conditions.

2.The orders for supply of terminals will be placed in stages as per the Bank’s requirement subject to the clause mentioned in Section 5 (3)

3.Respondents should state how they propose to manage the relationship with the Bank and include details of proposed key account management structure. Background and resume information of key staff should be outlined together with reporting lines of staff in India, escalation points within the respondent’s Indian business and how these fit to the respondent’s global business if applicable.

4.Structure charts should also be provided and details included, regarding on-going account management and governance, the form and frequency of relationship reviews and Service Level Agreement (SLA) information, for questions and escalations raised by the bank in a business as usual environment.


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Section – 5

4.4 In addition to the above marking, each envelope must be super scribed with the Name and Address of Respondent. The visiting card of the contact official mentioned in the response should be pasted outside the envelope containing the original response. This will enable the Bank to return the bid unopened in case it is received “late”.

4.5 If the outer envelopes are not sealed and marked as above, the Bank will assume no responsibility for the bid‟s misplacement or premature opening.

4.6 If Eligible, technical and commercial bids are enclosed together in a single envelope, not in separate envelops, then that bid will be rejected summarily.

GENERAL INSTRUCTIONS TO RESPONDENTS

1 It may be noted that decision of the Bank in selection of bidders through the RFP process will be final and binding on all. No correspondence, whatsoever, will be entertained by the Bank in this regard.

2.The Bank reserves the right to change its preferred procurement procedure at any point of time without assigning any reason.

3.The Bank does not assume any obligation regarding the actual quantity of POS terminals to be acquired by the bank. The number of 25000 (Twenty five thousand) POS terminal has been estimated on the basis of Bank's assumed requirement. Further bank will also have an option to procure 25% additional terminal , if need arises within a period of 6 months from the date of agreement, which will be executed with the supplier as per actual need .

Bank at its discretion may consider extension of validity for a further period of 6 months from the date of expiry of the original agreement on the same agreed terms and conditions .

4-Submission of Response

4.1The Respondents shall prepare Eligibility, Technical & Commercial responses on the relevant proforma provided at the end of the RFP (Exhibit 1,2,3,4,5,6,7) and seal them in separate three envelops and mark the said three envelopes as “Eligibility” “TECHNICAL RESPONSE” and “COMMERCIAL RESPONSE.

4.2It may be noted that commercial response for each type of POS terminal offered for supplies should be separately sealed and submitted. The envelopes containing commercial response should specifically superscript the type of POS terminal for which bid is submitted. The quote for each type of POS terminal should be mentioned even if the quote is same for all types of terminal. This has been prescribed with a view to ensure that commercial responses of only such POS terminals are opened, which qualify in the technical evaluation as detailed in RFP. All such envelopes containing commercial responses for each type of terminal be then put and sealed in one envelope super scribed as Commercial Responses.

4.3The envelopes containing, Eligibility, technical and commercial responses shall then be sealed in other outer envelope marked as "RESPONSE TO RFP FOR PROCUREMENT OF POS TERMINALS "

4.7 The Responses shall be neatly typed and signed by the Respondent or a person or persons duly authorized to bind the Respondent to the Contract under the cover of a forwarding letter prescribed in the


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RFP document. All other pages of the Response except for un-amended printed literature shall be initialed by the person or persons signing the forwarding letter.

4.8 The Response shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Respondent, in which case such corrections shall be authenticated by initials of the person or persons signing the Response.

4.9 The Respondents are also advised to submit soft copy of Eligibility, Technical and Commercial Responses in separate CDs and insert the same in the respective envelopes.

4.10 For submission of response, please refer to exhibits 1 to 8 and all the forms should accompany.

All the inner and outer envelopes should be addressed to:

The Deputy General Manager Canara Bank, Marketing & RR Wing, Head Office. 3rd Floor, Jeevan Prakash Building 113-1, JC Road, Bengaluru -560002

The responses may be sent by post or delivered by representative persons for putting in a sealed box kept at the above office during working hours

4.11Checklist has been provided in Section-7 which contains the details of the documents required to be included as part of Response. The responses should be prepared in an organized/ structured manner and properly bound as a complete document. Brochures/leaflets etc., if any, should be submitted as part of the bound document and not in a loose form.

4.12 The Bank may, at its discretion, waive any minor non-conformity or any minor irregularity in the offer. Bank’s decision with regard to ‘minor non-conformity’ is final and the waiver shall be binding on all the bidders and the Bank reserves the right for such waivers

4.13 Correction of Error in Commercial Bid

Bank reserves the right to correct any arithmetical errors furnished in the Commercial Bid. If any such errors are noticed it will be rectified on the following basis:

4.13.1 Bank may waive off any minor infirmity or non-conformity or irregularity in a bid, which does not constitute a material deviation.

4.13.2 If there is discrepancy between the unit price and total price (which is obtained by multiplying the unit price by the quantity), the unit price shall prevail and the total price shall be corrected accordingly.

4.13.3.If there is discrepancy between percentage and amount, the amount calculated on percentage basis will prevail.

4.13.4 If there is discrepancy in the total arrived at Bill of Material (addition, subtraction, Multiplication, division and carryover of amount from one page to another), correct total will be arrived by the Bank and the same will prevail over the total furnished in the Bill of Material


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4.13.5If there is a discrepancy between words and figures, the rate/ amount in words shall prevail, unless the amount expressed in words is related to an arithmetical error in which case, the amount in figures will prevail, subject to the above two provisions.

4.13.6 If the bidder does not accept the correction of errors, the bid will be rejected

5-Deadline for Submission of Response

5.1 The envelope containing responses must be received by the Bank at the specified address not later than the time and date specified in the ”Schedule of Events”. In the event of the specified date for the submission of Response being declared a holiday for the Bank, the Responses will be received up to the scheduled time on the next working day.

5.2 The Bank may, at its discretion, extend this dead-line for the submission of Responses, in which case all rights and obligations of the Bank and Respondents previously subject to the deadline will thereafter be subject to the deadline as extended.

6- Late Response

Any Response received by the Bank after the deadline prescribed by the Bank will be rejected and returned unopened to the Respondent Company.

7- Modification and Withdrawal of Response

Once response is submitted within the specified dead line , further modification and withdrawal of response is not permitted

8 -Response Opening

8.1The outer envelopes marked as RESPONSE TO RFP FOR PROCUREMENT OF POS TERMINALS and the three envelopes containing the Eligibility, technical &commercial response will be opened (on various dates) in the presence of the representatives of the Respondents who prefer to be present at the venue of the opening of the responses on time and date prescribed in BID DETAILS IN BRIEF for Response. No other intimation in this regard will be given by the Bank except in the event of any change in the venue, date and time of opening of Responses in which case the revised date, time and venue of opening of response will be advised. Attendance of all the authorized representatives of the Respondent companies ,who choose to be present at response opening event, will be taken against their name, name of the company represented and designation under their full signatures. The officials of Bank and authorized representatives of respondent companies present will need to sign on the first page of forwarding letter of each respondent. The envelopes containing the commercial responses of the respondents short listed after eligibility/technical evaluation will be opened subsequently at a later date.

8.2 The Bank will be pleased to receive a written communication at the address prescribed for submission of Response from Respondents desiring to be present for the opening of technical responses documents advising name(s) and designations of their representative(s) to enable the Bank to make appropriate arrangements at such venue. Such communication should be received at least two working days prior to the date of opening of Responses. It may be noted that company’s representative(s) coming to witness the opening of responses MUST carry his/her business card and proof of identity and note to submit letter of authority on the company letter head.


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9 -Clarifications of Response

To assist in the examination, evaluation and comparison of Response, the Bank may, at its discretion, ask the Respondents for a clarification and even request for arranging discussion with third parties reference of who has been made in the response, in case it is considered desirable. The request for clarification and the response shall be in writing and no change in the commercial offer will be permitted. In case, the Respondent is not able to submit the response/clarification within the time frame prescribed in the communication, the Bank will take its own view on the subject and proceed.

10- Price

10.1 Prices should be quoted inclusive of import duties , excise duties,VAT,CST,GST, Local taxes if any. The vendor will be entirely responsible for licensed fee, road permits, NMMC cess etc. in connection with the delivery of products at site advised by the Bank including incidental services. Prices payable to the Vendor shall be firm and not subject to adjustment during performance of the Contract, irrespective of reasons whatsoever, including exchange rate fluctuations, changes in import duties and excise, levies, charges, etc. as stated above.

10.2 The price of terminal shall include the warranty for three (03) years and Annual Maintenance Contract (AMC) for subsequent two (02) years. The AMC charges for 4th and 5th year should be indicated separately. The AMC charges will be paid by the Bank during 4th and 5th years respectively on quarterly basis. The number of terminals to be covered under AMC will be decided by the Bank at its sole discretion.

10.3- The Price of terminal will include the cost of accessories like. Battery, adapters also. The selected Respondent/terminal vendor will be required to declare the price of adapter, Battery and Motherboard to the Bank for each model. The Bank will pay this price to the terminal vendor for purchase of additional adapter, Battery and Motherboard in case of need. During the period of warranty and AMC, ensuring the supply of adapter, Battery and Motherboard, as per requirement, will be the responsibility of the Terminal vendor.

10.4-The Bidder will pass on to the Bank, all fiscal benefits arising out of reductions, if any, in Government levies viz. sales tax, excise duty, custom duty, etc. or the benefit of discounts if any announced in respect of the cost of the items for which orders have been placed during that period.

10.5-Bank reserves the right to re-negotiate the prices in the event of change in the international market prices of both the hardware and software.

11-The Bank’s Right to Vary

The Bank reserves the right to increase or decrease, the scope of work or award the contract amongst more than one Respondent without any change in per unit price or other terms and conditions

12 The Bank’s Right to Reject All Responses

The Bank reserves the right to accept or reject any response, and to cancel the RFP process and/or reject all responses at any time prior to award and execution of Contract, without thereby incurring any liability to the affected Respondent or Respondents and the Bank is not bound to inform the affected Respondent or Respondents of the grounds for the Bank ‟s decision.


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13-Signing of Contract

13.1 The Bank will also notify the successful Respondent that it’s / their offer has been accepted and the Bank will send the successful Respondent, the Contract Documents including all agreements between the parties.

13.2 Within fifteen (15) days of receipt of the Contract Documents, the successful Respondent shall submit the Performance Guarantee and also execute the Contract and return it to the Bank.

14 Fraud & Corrupt Practices

14.1 The Bidder and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process. Notwithstanding anything to the contrary contained herein, the Bank shall reject an Application without being liable in any manner whatsoever to the Bidder if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt/fraudulent/coercive/undesirable or restrictive practices in the Bidding Process.

14.2 If a Bidder is found by the Bank to have directly or indirectly or through an agent, engaged or indulged in any corrupt/fraudulent/coercive/undesirable or restrictive practices during the Bidding Process, such Bidder shall not be eligible to participate in any EOI/RFP issued by the Bank during a period of 2 (two) years from the date if such Bidder is found by the Bank to have directly or indirectly or through an agent, engaged or indulged in any corrupt/ fraudulent/ coercive/ undesirable or restrictive practices, as the case may be.

14.3 For the purposes of this Clause , the following terms shall have the meaning hereinafter, respectively assigned to them:

(a)“corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Bank who is or has been associated in any manner, directly or indirectly with the Bidding Process or the Letter of Authority or has dealt with matters concerning the Concession Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Bank, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the Letter of Authority or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the Letter of Authority or the Agreement, who at any time has been or is a legal, financial or technical adviser of the Bank in relation to any matter concerning the Project;

(b)“Fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process

(c)“Coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person‟s participation or action in the Bidding Process

(d)Undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Bank with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and


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(e)“Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.

15- Disputes / Litigations

Respondents have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of Bank , or that may reasonably be perceived as having this effect. The details of litigations and disputes with the clients, if any, should be detailed with brief background and present status thereof. Further, in case the Respondent has been black listed by any Client in India or elsewhere should also be advised. It may be noted that in case the respondent fails to disclose aforesaid information or similar situations and if the Bank comes to know about any such situation at any time, it may lead to the disqualification of the respondents from the bidding process or the termination of its Contract during execution of assignment. The Bank‟s decision in this regard will be final and binding upon the respondents.

16. Disqualification criteria

Bank, may at its sole discretion, at any time during the RFP process, disqualify any applicant from the RFP process, if:

a).the response to the RFP was submitted after the deadline;

b) the Applicant has made misleading or false representations in the forms, statements and attachments submitted in proof of the eligibility requirements;

c)the Applicant has exhibited a record of poor performance such as abandoning supplies, not properly adhering to terms of the contract, inordinately delaying supplies / performance, being involved in avoidable litigation, or financial failures, etc.;

d)the RFP was not accompanied by required documentation;

e)any information which would have entitled the Bank to reject or disqualify the Respondent or partner comes to the knowledge of the Bank, after the Respondent has qualified, the Bank reserves the right to reject the Respondent at that time, or at any time after, such information becomes known to the Bank;

f)the Respondent is found to canvass, influence or attempt to influence in any manner the qualification or selection process, including without limitation, by offering illegal gratification;

g)the constitution of the Respondent(s) undergoes a change or

h)any other just or sufficient reasons at the sole discretion of the Bank.

Notwithstanding anything written above or elsewhere, the Bank may disqualify the Respondent for any of the reasons set out above

17-Rights of the Bank

a)The Bank reserves the right to modify any terms, conditions and specifications of the RFP. Bank reserves the right to buy quantities as per its requirement


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b)The Bank reserves the right to withdraw the RFP at any time before the signing of a definitive contract, for any reason and shall not be held liable in any respect for any losses or damages caused by such withdrawal.

c)The Bank reserves the right to amend the specifications and conditions in order to rectify errors/discrepancies or to incorporate omissions. The issue of an addendum shall affect any amendments in the specification and conditions. The Bank may issue addenda to this RFP documents until two calendar days before the close date of RFP in order to notify clarifications and/ or modifications or even by postponing the close date of the RFP for submission of the response for issuing of addenda if such need arises. Each addendum numbered in sequence will be notified in bank’s website. All addenda issued will become part of the RFP document

d)The Bank reserves the right to obtain revised price bids from the Bidders with regard to changes in RFP clauses, if so required.

e)The Bank reserves the right to split orders in favour of more than one Bidder. In such case it shall be binding on all the bidders to co-operate with each other to achieve deliverables under the Service Level Agreements (SLAs).

f)The Bank reserves the right to release order, part order or more than one order and also to vary the quantity of the terminals as per its needs and the prevailing business conditions/Government directives etc.,

g)The Bank reserves the right to finalize the bill of material and repeat orders.

h)The Bank reserves the right to evaluate the Bids based on reasonability and workable offer, especially with regard to Annual Maintenance solution under this RFP. The Bids received and accepted will be evaluated by the Bank and bidder will be selected on the basis of best combination of Technical Bid and Commercial Bid in the interest of the Bank. However, the Bank does not bind itself to accept the lowest or any Bid and reserves the right to reject any or all Bids at any point of time prior to the order without assigning any reasons whatsoever.

i)The Bank reserves the right to re-tender. The Bank shall not incur any liability to the affected Bidder(s) on account of such rejection. The Bank shall not be obliged to inform the affected Bidder(s) of the grounds for the Bank’s rejection. It is to be understood clearly by the Bidders that the selection process requires them to have adequate expertise in the proposed technology. The Bank while evaluating the proposed solution will also consider the competence and capability of the Bidders in design, implementation and support services.

j)The Bank reserves the right to revise dates mentioned in the “ Bid details in brief”

k)The Bank also reserves the right to accept any Bid in whole or in part.

18. RFP ownership

RFP along with all the supporting documentations / templates is the sole property of the Bank and should not be reproduced, redistributed without the written consent of the Bank. Violation of this will be a breach of trust and may,apart from the other remedies available to the Bank, inter-alia cause the Respondent to be irrevocably disqualified.


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19. Bid pricing information

By submitting the signed bid the Respondent certifies that the Respondent has arrived at the price in his bid without agreement with any other bidder of this RFP for the purpose of restricting competition. The prices in the bid have not been disclosed to any other Respondent of this RFP.No attempt by the bidder to induce any other bidder to submit or not to submit the bid for restricting competition has occurred.

20-Bidder status

Each bidder must indicate that the bidder himself and/or any other outside bidder,(sub contractors ) if any, being engaged / hired whether or not have any actual or potential conflict of interest relating to contracting services with the Bank.

21. Confidentiality

The document contains information confidential and proprietary to the Bank. Additionally, the bidder will be exposed by virtue of the contracted activities to internal business information of the Bank and Associates. The bidder shall ensure that its own employees or the employees/firm(s) engaged/hired by him shall maintain full confidentiality of the entire information. Disclosure, reproduction, transmission of this RFP, any amendment to the RFP, any specifications, plan, drawing, pattern, sample data or any part of the aforementioned information to parties not directly involved in providing the services requested could result in disqualification of bidder, premature termination of the contract or legal action against the bidder for breach of trust.No media release/public announcement or any other reference to the RFP or any programme there under shall be made without written consent of the Bank.Reproduction of the RFP or any other written document without written consent of the Bank by photographic, electronic or other means is strictly prohibited.

22. Bidders utilization of know-how & personnel for competitors

The bidder is prohibited from using any information or know-how gained in the contract for purpose of another organization where business activities are similar in part or in whole to any of those of the Bank anywhere in the world without prior written consent for the period of 3 year from the date of expiry of contract.

23. Intellectual Property Rights

Respondent(s) should confirm that the product/software made available to Bank does not infringe any intellectual property rights of any third party. The bidder shall fully protect and indemnify the Bank from all legal actions, claims, damages from third parties arising out of use of POS Terminal, software, designs or processes supplied to the Bank and /or used by the Bidder for this project.

The development of bank-specific applications, scripts, reports and other customizations done for the Bank shall be property of the Bank covered by IPR and Copy Right Act and shall not be used without express permission of the Bank.

24. Solicitation of employees

The Bank will incorporate a clause that states that the parties agree not to hire, solicit or accept solicitation (either directly or indirectly or through a third party) for their employees directly involved in this contract during the period of contract and one year thereafter, except as the parties may agree on a case


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by case basis. However, a party’s normal recruitment as per its recruitment policy shall not be affected by this clause.

25. Warranty and AMC

All the POS Terminal, Software including tools supplied under the Contract shall be covered under warranty free of cost for a period of three years. Warranty period starts from date of installation.

This Warranty is against any defects that may arise from the design or workmanship or from any act or omission of the Bidder that may arise under normal use of the supplied Goods and Services.

On receiving the notification from the Bank, the Bidder should carry out repair / replace the defective systems within a reasonable period of time as per the SLA terms. This will be done at no extra cost to the Bank. Failure to remedy the defects within the period specified above, may involve remedial action by the Bank at the Bidders’ risk and expense and without prejudice to any right that the Bank may have against the Bidder under the Contract. Uptime definitions and penalties are applicable during warranty period also. Replacement equipment shall be covered under warranty for a three-year period, or the time remaining in the original Warranty Period for the item replaced, whichever is greater. The Warranty Period for replacement Software shall be identical to the initial warranty period for the defective Software unless otherwise specified in the contract. During the Warranty and AMC period, the Bidder will provide at no additional cost to the Bank all Product and documentation upgrades updates, all new software version releases and version updates within 30 days of their availability.

Bank will be identified as user(s) and registered with all products suppliers for access to their websites/resources. Selected Respondent(s)/Vendor shall extend AMC to the Bank for a period of two

years after expiry of warranty period. The AMC charges will be paid by the Bank at the 4th

and 5th

years on quarterly basis. The number of terminals to be covered under AMC will be decided by the Bank at its sole discretion. During the warranty period and AMC period maintenance /up gradation of the terminal application, necessary for smooth functioning of POS terminal will the responsibility of the Vendor.

26. Contract Finalization

26.1 Execution of Contract

After completion of selection process the Bank will finalize the contract with the selected Bidder(s). Both the parties shall ensure that the contract is finalized within 30 days from the date of selection of the bidder. To ensure this both the parties shall also be liable to make authorized officials to be present for discussions. The Bidder(s) shall submit a Board resolution naming the official(s) who shall be authorized to hold discussions, time and venue of which shall be intimated to the successful bidder in writing at least 3 calendar days in advance. In case the Respondent official does not attend the meeting so called twice in a row, it shall be deemed that the Respondent is not interested in signing of the contract with the Bank.

The Bank however, reserves the right to stipulate, at the time of finalization, any other document(s)/condition to be enclosed as part of final contract. The successful bidder shall have to execute the contract agreement as stipulated/approved by the Bank. The terms for execution/contract price contained in contract agreement should not be disputed by bidder at the time of signing contract.


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26.2 Cost of Stamp duty

The Bidder shall bear all costs for the execution, stamp duty and submission of the contract and agreements Service Level Agreement (SLA), Non Disclosure Agreement (NDA etc).Bank shall not be responsible or liable for reimbursing/ compensating these costs.

26.3 Place of execution of contract

On completion of the Bid Process, the successful bidder should execute a Service Level Agreement in the bank’s prescribed format .The agreement/contract would be signed in Bengaluru only and stamped as per Karnataka Stamp Act. All the stamp duty shall be borne by the vendor.

27. Penalty

Penalties will be levied @ 1.00% of the ordered price for each day of delay in delivery subject to a maximum of 10% of the order value. In case vendor fails to supply within 8 weeks from the date of Purchase order, the Bank reserves the right to cancel the order and the Bank shall have the right to procure such deliverables/items from other Vendor

28. Terms of Payments

All the payments shall be made by the Bank direct to the bidder except as otherwise provided in the tender after deducting Tax Deducted at Source (TDS), wherever applicable, within 30 days from the date of acceptance of full supplies at the prescribed destination(s).

29. Liquidated damages

Time and date stipulated in the contract (to be signed) for completion of the work shall be deemed to be essence of the project. If the bidder fails in the due performance of the project to deliver any part of the solution or complete the work within the time fixed in the RFP or any expression thereof and/or to fulfill his obligations in time under the RFP, he shall be liable to pay to the Bank, agreed liquidated damages, by way of penalty, a sum of 0.1% (1/10th of a percent) of the contract value for each completed day of delay in delivery and/or completion of work. The bidder‟s liability for the delay in delivery shall not in any case exceed 10% ( ten percent) of the contract value.

Subject to the provision of “Force Majeure” clause of the contract, if the bidder fails to complete the task within one hundred days of the expiry of the given time or the liquidated damages have become due, the provisions under the “Negligence” clause of the contract (as defined in SLA) shall operate.

The liquidated damages for non-fulfillment of performance shall be separately payable by the bidder over and above the liquidated damages for non-fulfillment of time schedule. Due to non-fulfillment of performance, the bidder shall be liable to pay damages up to a maximum of 10% ( ten percent) of the total contract-price. The performance bank guarantee shall be in the format prescribed in Annexure „A‟ and issued by Class A Scheduled bank in India other than Canara Bank , for an amount equal to 10% (Ten percent) of the total price quoted for the contract. The Bank may recover the liquidated damages payable by the bidder from the amount due to the bidder or where no amount is due, require the bidder to pay the damages.

30. Limitation of Liability: For breach of any obligation mentioned in this agreement, subject to obligations mentioned in this clause, in no event Vendor shall be liable for damages to the Bank arising under or in connection with this agreement for an amount exceeding the total cost of the project. Vendor


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will ensure Bank’s data confidentiality and shall be responsible for liability arising in case of breach of any kind of security and/or leakage of confidential customer/Bank’s related information to the extent of loss so caused.

The limitations set forth herein shall not apply with respect to:

(i)claims that are the subject of indemnification pursuant to IPR infringement,

(ii)damage(s) occasioned by the gross negligence, fraud or willful misconduct of Service Provider,

(iii)damage(s) occasioned by Vendor for breach of Confidentiality Obligations,

(iv)When a dispute is settled by the Court of Law in India.

(V)Loss occasioned by Non-compliance of Statutory or Regulatory Guidelines.

31. Conflict of Interest: Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Bank shall be entitled to forfeit and appropriate the Bid Security and/or Performance Security (Performance Bank Guarantee), as the case may be genuine estimated loss and damage likely to be suffered and incurred by the Bank and not by way of penalty for, inter alia, the time, cost and effort of the Bank, including consideration of such Bidder’s proposal (the “Damages”), without prejudice to any other right or remedy that may be available to the Bank under the RFP. Without limiting the generality of the above, a Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process,

a)the Bidder, its Member or Associate (or any constituent thereof) and any other Bidder, its Member or any Associate thereof (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding of a Bidder, its Member or an Associate thereof (or any shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up and subscribed share capital of such Bidder, Member or Associate, as the case may be) in the other Bidder, its Member or Associate, has less than 5% (five per cent) of the subscribed and paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in section 2(72) of Companies Act, 2013. For the purposes of this Clause, indirect shareholding held through one or more intermediate persons shall be computed as follows:

1-where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and

2-subject always to sub-clause (i) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this sub-clause if the shareholding of such person in the intermediary is less than 26% of the subscribed and paid up equity shareholding of such intermediary; or

b)a constituent of such Bidder is also a constituent of another Bidder; or

c)such Bidder, its Member or any Associate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Bidder, its Member or Associate, or


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has provided any such subsidy, grant, concessional loan or subordinated debt to any other Bidder, its Member or any Associate thereof; or

d)such Bidder has the same legal representative for purposes of this Bid as any other Bidder; or

e)such Bidder, or any Associate thereof, has a relationship with another Bidder, or any Associate thereof, directly or through common third party/ parties, that puts either or both of them in a position to have access to each others’ information about, or to influence the Bid of either or each other; or

f)Such Bidder or any Associate thereof has participated as a consultant to the Bank in the preparation of any documents, design or technical specifications of the Project.

32. Termination of Contract: The Bank reserves the right to terminate the contract in case of the related bidder not complying with the terms and conditions of the contract, after giving a prior notice of one month. This shall be without any prejudice to the claims of the Bank in such circumstances that may be stipulated elsewhere in the contract. Without prejudice to what has been stated hitherto before, Bank reserves the right to cancel the contract placed on the selected bidder and recover expenditure incurred by the Bank under the following circumstances:-

a) The selected bidder commits a breach of any of the terms and conditions of the bid.

b) The bidder goes into liquidation, voluntarily or otherwise.

c) If the selected bidder fails to complete the assignment as per the time lines prescribed in the RFP and the extension if any allowed, it will be a breach of contract. The Bank reserves its right to cancel the order in the event of delay and forfeit the bid security as liquidated damages for the delay.

d) In case the selected bidder fails to deliver the quantity as stipulated in the delivery schedule, the reserves the right to procure the same or similar product from alternate sources at the risk, cost and responsibility of the selected bidder.

e) After award of the contract, if the selected bidder does not perform satisfactorily or delays execution of the contract, the Bank reserves the right to get the balance contract executed by another party of its choice by giving one month’s notice for the same. In this event, the selected bidder is bound to make good the additional expenditure, which the Bank may have to incur in executing the balance contract. This clause is applicable, if for any reason, the contract is cancelled.

f) BANK reserves the right to recover any dues payable by the selected bidder from any amount outstanding to the credit of the selected bidder, including the pending bills and/or invoking the bank guarantee under this contract

CONSEQUENCES OF TERMINATION

a. In the event of termination of the Contract due to any cause whatsoever [whether consequent to the breach of stipulated term of the Contract or otherwise], BANK shall be entitled to impose any such obligations and conditions and issue any clarifications as may be necessary to ensure an efficient transition and effective business continuity of the Service(s) which the selected Vendor shall be obliged to comply with and take all available steps to minimize loss resulting from that termination/breach, and further allow the next successor Vendor to take over the obligations of the erstwhile Vendor in relation to the execution/continued execution of the scope of the Contract.


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b. In the event that the termination of the Contract is due to the expiry of the term of the Contract, a decision not to grant any (further) extension by BANK, the Vendor herein shall be obliged to provide all such assistance to the next successor Bidder or any other person as may be required and as BANK may specify including training, where the successor(s) is a representative/personnel of BANK to enable the successor to adequately provide the Service(s)herein elaborated, even where such assistance is required to be rendered for a reasonable period that may extend beyond the term/earlier termination hereof.

c. The termination hereof shall not affect any accrued right or liability of either Party nor affect the operation of the provisions of the Contract that are expressly or by implication intended to come into or continue in force on or after such termination.

33. Guarantee and Performances: The bidder shall guarantee the workmanship and satisfactory operation of all items of the project in accordance with the performance requirement indicated in the proposal document. If during any stage of the project it is found that the information collected during the previous stage is insufficient or the design is defective, the bidder shall undertake the remedial steps to collect the information or to redesign the defective portion at bidder‟s cost. Instructions by the Bank to the bidder to correct faulty work shall not constitute a variation with entitlement to extra payment.

34. Force Majeure: The Bidder or the Bank shall not be responsible for delays or non-performance of any or all contractual obligations, caused by war, revolution, insurrection, civil commotion, riots, mobilizations, strikes, blockade, acts of God, Plague or other epidemics, fire, flood, obstructions

of navigation by ice at Port of dispatch, acts of government or public enemy or any other event beyond the control of either party, which directly, materially and adversely affect the performance of any or all such contractual obligations.

Provided either party shall within 7 (seven) days from the occurrence of such a cause notify the other in writing of such causes. Unless otherwise directed by the Bank in writing, the Supplier shall continue to perform his obligations under the contract as far as possible, and shall seek all means for performance of all other obligations, not prevented by the Force Majeure event

35. Escalation Matrix: Bank will constitute a Committee to resolve the issues emerging from performance from either side. Such Committee will have representative of Bank and the respondents. The committee shall monitor the progress of performance of duties and obligations under their respective areas of contract. The Committee shall also review and resolve wherever problems, issues and disagreements arising from performance of duties and obligations of the parties involved hereunder. If the parties are unable to agree upon and sort out any such issues within seven days from the first review by both the parties, such issues and disputes shall be referred to the Top Management of both the parties.

The Committee may perform its duties through teleconferences, video conferencing, meetings or through any other means of communication fortnightly or as otherwise agreed by the parties. Either party may make a proposal of next meeting along with date, time, venue and provisional agenda.

Minimum two days prior notice shall be given for the meeting unless otherwise agreed upon by the parties on case to case basis by notifying the party in writing thereof. In case, the issue is unresolved for a period of one month, it will be referred to the top management of the bank whose decision will be final and binding.


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36-Resolution of Disputes: 36-1 The Bank and the Vendor shall make every effort to resolve amicably by direct informal negotiation, any disagreement or dispute arising between them under or in connection with the Contract.

36.2 If, the Bank and the Vendor have been unable to resolve amicably a Contract dispute even after a reasonably long period, either party may require that the dispute be referred for resolution to the formal mechanisms specified herein below. These mechanisms may include, but are not restricted to, conciliation mediated by a third party and/or adjudication in an agreed national forum.

36.3 The dispute resolution mechanism to be applied shall be as follows:

a)In case of Dispute or difference arising between the Bank and the Vendor relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996. Where the value of the Contract is above Rs.1.00 Crore, the arbitral tribunal shall consist of 3 arbitrators, one each to be appointed by the Purchaser and the Vendor. The third Arbitrator shall be chosen by mutual discussion between the Purchaser and the Vendor. Where the value of the contract is Rs.1.00 Crore and below, the disputes or differences arising shall be referred to a Sole Arbitrator who shall be appointed by agreement between the parties.

b)Arbitration proceedings shall be held at Bengaluru and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English;

c)The decision of the Sole arbitrator or majority of arbitrators, as the case may be, shall be final and binding upon both parties. The cost and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal. However, the expenses incurred by each party in connection with the preparation, presentation, etc., of its proceedings as also the fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be borne by each party itself

37.Governing Language : The governing language shall be English

38-Applicable Law : The Contract shall be interpreted in accordance with the laws of the Union of India and subject to clause 36.3 of this contract shall be subject to the exclusive jurisdiction of courts at Bengaluru


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Section-6

4)We enclose herewith a Demand Draft/ Bank Guarantee for Rs. 5000000(Rs.FIFTY lacs only) favouring Canara Bank DD bearing number ______ dated _______ issued by ________ (name of the issuing Bank and Branch) towards the bid security as required in the RFP. We are aware that The Bid

Draft forwarding Letter

Place :

Date :

The Deputy General Manager Canara Bank, Marketing & RR Wing, Head Office. 1st Floor, Jeevan Prakash Building 113-1, JC Road, Bengaluru -560002

Request for Proposal (RFP) for procurement of POS terminals:Submission of Response

We refer to Bank’s Request for Proposal (RFP) dated _______, 2016 issued to the shortlisted bidders in order to procure POS terminals of various types for its Member establishments and other operations which we hereby acknowledge and respond. We, submit in seriatim our response on each aspect required in RFP document for your record, perusal and evaluation. In the event of our selection as the Supplier, we offer to meet all terms and conditions detailed in the RFP.

1-We, unconditionally and indisputably accept the disclaimer clauses 1 to 4 contained in the RFP document. We agree that the Bank has the right to reject any or all the Responses without assigning any reason. We are also aware that Bank has issued this RFP for procurement of 25000 POS terminals with an option to purchase additional 25% POS terminals at the discretion of the Bank; the actual procurement will be dependent upon the demand and actual need for POS terminals. We indisputably accept the Bank’s approach for procurement of POS terminals contained in the RFP and convey our acceptance thereto. We are aware and unconditionally accept that the decision of the Bank, in this regard, will be final and binding on us.

2)We understand and agree that Bank reserves the right to amend, modify, vary, add, delete, accept or cancel, in part or full, any condition or specification of all proposals / Responses, without assigning any reason thereof at any stage during the response process. Each party shall be entirely responsible for its own costs and expenses that are incurred while participating in the RFP, presentations and contract negotiation processes.

3)We understand and agree that issuance of RFP does not confer any right to be invited to participate further in the Bank’s procurement process and the Bank shall have unfettered rights and discretion in its decision regarding further participation in the same. We are aware that any information herewith will be superseded by any subsequent written information on the same subject made available to the recipient or any of their respective officers. We unconditionally accept that the evaluation criteria prescribed by the Bank in the RFP. We fully understand that decision of the Bank in procurement of the POS terminals, awarding of technical scores and will be final and binding on us. We are aware that no communication in this regard, verbal or written, will be entertained by the Bank.


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Security submitted in response to RFP shall be forfeited / invoked by the Bank in case the bidder does not abide by its bid. We indisputably and unconditionally accept that Bank’s decision in this regard will be final and binding on us.

5)We enclose herewith a Demand Draft for Rs. 20000(Rs.Twenty thousand only ) favouring Canara Bank bearing number ______ dated _______ issued by ________ (name of the issuing Bank and Branch being application fee .______

6)We, agree that there would be no claim for any reimbursement for the charges incurred by us in submitting this proposal as well as for any further clarification / interaction / document that we may be called upon to submit as part of the RFP evaluation process

a)We undertake that, in competing for (and, if the award is made to us, in executing) the above business, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.

b)We agree that the Bank will have Single Point of Contact with us, at the address stated below, for any assistance, clarification or support required for smooth completion of the procurement process.

7. Address of official designated as Single Point of Contact

Name of the contact person

Landline Number (Direct with STD/ISD code)

Mobile No.

Fax number with STD/ISD Code:

Email:

Yours faithfully,

Authorised Signatory

List of Enclosures:

1.

2.

3.

4.


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Section-7

Documents to be submitted as part of Response

The response should be submitted on the lines explained under “Submission of Response” in Section-5 clause 4 of RFP document. The responses, in addition to what has been explained above, should contain the following:

1)Forwarding Letter on the lines of section-6 of RFP document.

2)A Demand Draft for Rs. 5000000/- Lakh in favour of Canara Bank (valid for three months) Or Bank guarantee for Rs.5000000/- lakh in lieu of security deposit as per format in annexure C and Demand Draft of RS.20000/- in favour of Canara Bank towards application fee

3)Technical specifications of each type of POS terminals offered, Commercial Bid and other information as per Exhibit 1 to Exhibit 7

4)Other Supporting documents.

5)Detailed overview of supported Value Added Services offered and key Innovative features.

6)Detailed overview of Terminal Management Capabilities

7)Self declaration regarding supply of terminals in India.

8)Proof for financial soundness, Balance Sheets and Profit & Loss A/C as on 31st

March 2014/15/16.

9)Deviations, if any, from the RFP conditions should be detailed in full in a separate document. Failure to indicate such deviations would imply that those deviations are absent.

10)Any other document mentioned in this RFP document and required to be produced.

11)Any other issue considered relevant by Respondents as Annexure.


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Exhibit-1 Mandatory Requirements

(Respondents have to provide their response for all types of terminals i.e. Desktop PSTN, , Portable GPRS, NFC enabled desktop PSTN, NFC enabled Portable GPRS, separately on the

following Conditions/Business conditions only in ‘Yes’ or ‘No’)

Condition

Certification/Compliance/Regulatory/Hardware/SDK Requirements

Description Response

EMV Certification The terminal is EMV compliant (minimum standard is

EMV 4.0 for L1 & L2). The supplier will have to be an YES/NO

EmvCo approved vendor.

Contactless Certification VCPS Paywave 2.1.3 or later or the equivalent

contactless Kernel 3. YES/NO

PayPass version 3.0 or later

Any future requirements by Card schemes.

PCI Approval The terminal meets the latest and future PCI

mandates for PCI DSS, PCI PA DSS, PCI PTS (3.0 or YES/NO

above)

Regulatory Mandates The terminal meets all the present and future

regulatory requirements like PIN prompting, DUKPT, YES/NO

TLE, BIS etc.

Sharing of SDK for Banks The terminal vendor should provide the bank or YES/NO

Business needs it representative the SDK for its use.

DES Encryption 3 DES Encryption supported YES/NO

Memory Flash – 16 MB & Above; SDRAM - 16 MB & Above YES/NO

Power Adapter AC/DC INPUT Voltage: 100-240V; 47-63Hz ;

and Max Consumption: 210mA, Output : 8V 2A

(Full specifications of Power Adapters YES/NO

and their suitability for Indian conditions,

particularly in tier-2 & tier-3 centres to be

furnished)


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Functionality Requirements:

Business Condition Definition Response

Chip transactions Transactions performed using chip cards. YES/NO

Option of Contactless Transactions performed using Contactless protocols. YES/NO

transactions

Swiped transactions Transactions performed using magnetic stripe embedded on the YES/NO

card.

Keyed transactions Transactions performed using card numbers entered manually. YES/NO

Blocking Transaction How to enable/ disable a particular transaction?

mode Parameter driven.

Blocked by BIN YES/NO

Ceiling limit by BIN Keyed

Online Authorization Transaction used to authorize a card is valid or not. YES/NO

Purchase (Sale) Transaction used to authorize a card and amount. YES/NO

Refund This transaction is used to credit the money to cardholder account YES/NO

from merchant account.

Void This transaction is used to cancel the previously performed purchase

or refund transaction in the same batch. YES/NO


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Pre-Authorization This transaction is mostly used in hotel and lodging environment.

This transaction will be stored in separate batch. This will not be

settled with the normal batch. This will be moved to normal batch YES/NO

/ settlement after sale completion transaction.

Cash back/ Cash@POS This transaction allows cardholder to get cash from merchant. YES/NO

Referral handling, Referral is used by issuer, if cardholder activity is suspicious.

(Force transactions) Cardholder should then call issuer bank, authenticate himself to get

YES/NO

referral code and perform transactions.

Tip handling This is mostly used in restaurant merchants to give TIP to restaurant YES/NO

employees.

End of Day This is to settle all the transactions performed during the day.

Merchant’s account will be credited only after this transaction. YES/NO

Cancel Button Cancel key is used to cancel any operation and take the terminal YES/NO

back to idle screen display.

Enter Button Enter Key is used to confirm anything on the terminal application. YES/NO

Paper Detection Paper feed is used to feed the paper in terminal internal thermal YES/NO

printer.

Time Display To display date/time on terminal’s display. YES/NO

Batch Purge This is to clear the open batch transactions. YES/NO

Request current batch This is to give summary of transaction count and amount based on

totals card types, performed in the current batch. YES/NO

Request previous batch This is to give summary of transaction count and amount based on YES/NO

totals card types, performed in the last settled batch.

Duplicate Transaction This is to print the last transaction charge slip for reference.

printing YES/NO


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Security Levels What Features can be password protected:

Voids

Refunds

Preauth YES/NO

Offline forces

Batch Purge

Supervisor

Engineer

Shift Totals This is to give summary of transaction count and amount based on

card types, performed in the current batch. Usually used in Petrol YES/NO

pumps etc.

Display Transactions This is to review transactions on the current batch on terminal YES/NO

display.

Detail Report This is to give detailed information of card number, card type, YES/NO

transaction amount, invoice number, expiry date, and totals.

Summary Report This is to give summary of transaction count and amount based on YES/NO

card types, performed in the current batch.

Search by Number This is to search transactions based on invoice number or based YES/NO

on last 4 digits of card number.

Search by Amount This is to search transactions based on transaction amount. YES/NO

Date/Time Synchronized with host?

YES/NO

Receipt timestamp printed from authorization response.

Display Terminal ID To display terminal ID for verification and confirmation. YES/NO

Display Version Current Software YES/NO

Print Settings Print current configuration settings. YES/NO

Edit Print Option Turn off printer. YES/NO

Change Contrast To adjust contrast of display. YES/NO

Edit Password Change password option. YES/NO

Edit Terminal ID Password protected? YES/NO

Edit Date To change terminal’s date/time manually. YES/NO


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Software Download Must have Terminal Management System (TMS).

YES/NO

Modes

See TMS section.

Multi-Application Ability to run multiple applications like Payments, loyalty, gift card YES/NO

etc. without affecting other application’s data.

Multi Merchant Ability to support multiple merchants in a same application. This is

mostly used under EMI environment. YES/NO


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Exhibit 2 Terminal Specifications Evaluation

Technical

(Respondents have to provide their response for all types of terminals i.e. Desktop PSTN, , Portable GPRS, NFC enabled Desktop PSTN, NFC enabled Portable GPRS, separately on the

following technical specifications)

Criteria & points Max.

Specification Score

Processor Details: 25

• ARM 11, 500 MIPS, 400 Mhz clock frequency (7)

• ARM 9, Less than 500 MIPS, Less than 400 Mhz clock frequency (5)

• Older model than ARM 9 (00)

Magnetic Card Reader: Number of Insertions Supported:

• Triple track (tracks 1, 2, 3), (3)

• Less Than Triple track (tracks 1, 2), (0)

Smart Card Reader details:

• Synchronous and asynchronous, with Insertions of 3.00 lac or more (3)

• Synchronous & asynchronous, with Insertions of less than 3.00 lac (2)

POS Terminal Number of SAM (security Access Module)Slots:

Hardware &

Processor • 3 or more (3)

• 2 slots (2)

• Less than 2 slots (0)

Key Pad Details:

• 0.5 million or more (2)

• 0.25 to 0.5 million (1.5)

• Less than 0.25 million (1)

Number of Peripheral Ports (Ethernet, USB & RS232)

• All the 3 Ports (3)

• 2 Ports (2)

• Less than 2 Ports (0)

Display Configuration:

• 160X80 resolution, 8X21 characters (3)


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• 128x64 resolution, 8x21 characters (2)

• 128x64 resolution, 4x21 characters (1)

Weight: (With Battery in case of Portable GPRS terminals (both NFC and Non-

NFC)

• Less Than 400 Gms (1)

• 400 – 500 Gms (.5)

• More Than 500 Gms (0)

Level of PCI approval: 20

• PCI PTS 3.0 (4)

• Platforms with lesser versions (0)

EMV Compliance Level:

• EMV 4.2 L1 & EMV 4.3 L2 (4)

• EMV 4.0 for L1 & L2 (3)

• EMV lesser than 4.0 (0)

SSL (Secured Socket Layer) Encryption Support:

• SSL Supported (3)

• SSL Not Supported (0)

Security Features 3 DES Encryption Support

• 3 DES Supported (3)

• 3 DES Not Supported (0)

Master/ Session and DUKPT key management details:

• Supports (2)

• Do not Support (0)

MasterCard PTS Support:

• PTS Supported (2)

• PTS Not Supported (0)

ROHS (Restriction of Hazardous Substances) Compliance

• Compliant (2)

• Non-Compliant (0)

Flash 20

Memory • 32 MB & above (10)

• 16 MB (07)

• Less than 16 MB (00)


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SDRAM

• Above 16 MB (10)

• 16 MB (07)

• Less than 16 MB (00)

PSTN 10

• Standard 56 kbps modem –Bell 103/212a, CCITT

V.21/V.22/V.22bis/V.32/V.32bis-

(300/1200/2400/9600/14400/ 33.6/56) and HC Fast Connect for

Modem & 1200bps. – (10) else Nil

Connectivity GPRS

• Wireless wide area GSM/GPRS on 850/900/1800/1900 MHz

(10) Else Nil

Integrated thermal with graphics capabilities, 18 lines per second, 24 or 5

Printer 32 columns; standard roll paper 58 mm (2.25 in.) x 25 M (82 ft.) Plastic

Bar Tear. (05) else Nil

Capability to work in different environmental conditions 5

• Operating Temperature (0 to + 45) and Non-Condensing (5)

Environmental

• Operating Temperature (+5 to +40) and Non-Condensing (3)

• Operating Temperature (>5 to < 40) and Non-Condensing (0)

Network details and communications supported 5

Connectivity Terminals with all 03 options-PSTN, Ethernet & GPRS, (05)

Terminals With 02 options (03)

Terminals with 01 option (0)

PSTN & Desktop 10

Power/ Battery

• AC input 100 - 240 VAC, 50/60 Hz; DC Output 8.2V 2.25A – (10) else Nil


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Portable GPRS (Battery Specifications)

• Battery Capacity 2000 mAh or more (10)

• Battery Capacity <2000 mAh & > =1800 mAh (05)

• Battery Capacity <1800 mAh (00)

Total: 100


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Exhibit 3

Functional Specifications

Functional

(Respondents have to provide their response for all types of terminals i.e. Desktop PSTN, , Portable GPRS, NFC enabled Desktop PSTN, NFC enabled Portable GPRS, separately on the

following functional parameters)

Criteria & points Max.

Parameter Scores

Terminal Relevance of Terminal management System to BANK :

Management Auto (Remote) Software Download. (15) 25

System

MIS support & Statistics Calculations (10)

“Terminal software application" is rated on following

parameters –

Security offered by application system against

Terminal Software unauthorized access. (10)

20

Application Application Manager offers real time interruption

troubleshooting. (06)

Terminal application allows local and remote diagnostics.

(04)

Vendor value added services will be evaluated on the spread

of services offered as under:

Loyalty programs (Customer/Merchant) (02)

Value Added Utility Payment Applications. (02) 10

Services capabilities

Ticketing Solutions (02)

EMI solutions (02)

Various kinds of retail applications etc. (02)


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Expenses of Research What Percentage of global revenue is spent on Research and

& Development Development

activities in last three

years (Amt in INR and

Organization Spending more than 9 % (10) 10

% of Gross global organization Spending Between 5 to 9 %

Turnover to be (07)

provided) Organization Spending < 5 % (00)

No. of locations having How many locations having Terminal Repair and Service

Terminal Repair Centers Across India?

Centers across India

Having centers at > 15 locations (15) 15

Having centers at ≥ 10 & <15 locations (10)

Having centers at < 10 locations (05)

Support and Release Vendors expertise on support and release management is

Management defined on following parameters

Philosophy

Vendor has robust requirement gathering process. (02)

Vendor has quality assurance processes In process. (02)

Vendor has centralized application version maintenance 10

system. (02)

Vendor has release management process to assure

seamless releases and back up plan in case of failure. (02)

Vendor should have agile support system (02)

Terminal Protocol Terminal protocol is ISO 8583 certified (10)

Service 10

Terminal protocol is not ISO 8583 certified (00)

Total: 100


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Undertaking of Authenticity Exhibit -4

The Deputy General Manager Canara Bank, Marketing & RR Wing, Head Office. 1st Floor, Jeevan Prakash Building 113-1, JC Road, Bengaluru -560002 Sub: Undertaking of Authenticity for POS Terminal & Software Supplies

Ref: RFP/POS/NO-1/2016

With reference to the equipment being quoted to you vide our Quotation No:___________

dated ___________, we hereby confirm that all the components /parts /assembly / software etc. used in the equipment to be supplied shall be original new components / parts / assembly / software only, from respective OEMs of the products and that no refurbished / duplicate / second hand components /parts/ assembly / software shall be supplied or shall be used. We also undertake to produce certificate from the Original Equipment Manufacturers (if required by you) in support of the above statement at the time of delivery / installation

We also confirm that in respect of licensed operating systems and other software utilities to be supplied, the same will be procured from authorized sources and supplied with Authorised License Certificate (eg Product keys on Certification of Authenticity in case of Microsoft Windows Operating System)

In case of default and the Bank finds that the above conditions are not complied with, we agree to take back the equipment supplied and return the money paid by you, in full within seven days of intimation of the same by the Bank, without demur or any reference to a third party and without prejudice to any remedies the Bank may deem fit.

In case of default and we are unable to comply with above at the time of delivery or during installation, for the POS Terminal / Software already billed, we agree to take back the POS terminals without demur, if already supplied and return the money if any paid to us by you in this regard.

We also take full responsibility of both parts & Service SLA as per the content even if there is any defect by our authorised Service Centre / Reseller / SI etc.

Dated this ....... day of ............................ 201

______________________________________________________________

gnature) (Name) (In the capacity of)

Duly authorised to sign Bid for and on behalf of


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EXHIBIT -5

BID FORM (TECHNICAL BID)

(to be included in Technical Bid Envelope)

Date:________________


Dear Sir,

Ref:

• The undersigned is authorized to sign on behalf of the VENDOR and the necessary support document delegating this authority is enclosed to this letter.

RFP/POS/NO-1/2016

1.We have examined the RFP, the receipt of which is hereby duly acknowledged and subsequent pre-bid clarifications/ modifications / revisions, if any, furnished by the Bank and we offer to supply, and maintain the equipment detailed elsewhere in the RFP document, as per the terms and conditions spelt out in the RFP. We shall participate and submit the commercial bid .

2.While submitting this bid, we also certify that:

• prices submitted by us have been arrived at without agreement with any other Bidder of this RFP for the purpose of restricting competition.

• The prices submitted by us have not been disclosed and will not be disclosed to any other Bidder responding to this RFP.

• We have not induced or attempted to induce any other Bidder to submit or not to submit a bid for restricting competition.

• The rate quoted in price bids are as per the RFP and subsequent pre-bid clarifications/ modifications/ revisions furnished by the Bank, without any exception.


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3 Until a formal contract is prepared and executed, this Bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us.

4.We undertake that, in competing for the above contract, and, if the award is made to us, in executing the contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.

5.We also certify that the information/ data/ particulars furnished in our bids are factually correct. We also accept that in the event of any information / data / particulars proving to be incorrect, the Bank will have the right to disqualify us from the bid and take appropriate action as it may deem fit.

6.We understand that you are not bound to accept the lowest or any Bid you may receive.

Dated this ....... day of ............................ 201

______________________________________________________________

(Signature) (Name) (In the capacity of)



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EXHIBIT -6

COMMERCIAL BID

(Respondents have to provide their responses, separately, for all i.e. Desktop PSTN, Portable GPRS, NFC enabled Desktop PSTN, NFC enabled Portable GPRS)

(Total Equipment Cost with 03 years Warranty + 02 years AMC


)

Dear Sir,

Ref: RFP No.

Having examined the Bidding Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, submit our Price Bid of Rs.______________ (Rupees

___________________________________) (Total Proposal amount in words and figures) for supply, of the equipment‟s in conformity with the said Bidding documents

Type of Terminal:

< price >

Dated this ....... day of ............................ 201

____________________________________________________________




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EXHIBIT -7

Price Breakup Schedule

(Respondents have to provide their response, separately, for all types of terminals i.e. . Desktop PSTN,

Portable GPRS, NFC enabled Desktop PSTN, NFC enabled Portable GPRS)

Total Equipment Cost with 03 year Warranty + 02 years AMC)

A

(The Cost of Adapter, Battery and Motherboard to be declared separately, Refer Section 5, clause (10) „Price‟)

Cost of Equipment/POS Terminal (Hardware, software, OS, SDK etc.) (in INR) With 3 years Warranty % of tax

B Tax amount

C Unit price incl. of tax (A+B)

Cost of Adapter (included in A) Rs_________

Cost of Motherboard (included in A) Rs_________ Cost of Battery (included in A) Rs_________

D AMC Charges for Year- IV (in INR) E Tax on AMC charges F AMC Charges including tax (D+E) G AMC Charges for Year- V (in INR) H Tax on AMC charges I AMC Charges including tax (G+H) Total {Price as per Section 5, clause (10)}

(C+F+I) (in INR) this ....... day of ............................ 201

______________________________________________________________




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Exhibit -8

1. The Vendor warrants that the products supplied under the Contract are new, unused, of the most recent or current model and they incorporate all recent improvements in design and / or features. The Vendor further warrants that all the Products supplied under this Contract shall have no defect, arising from design or from any act of omission of the Vendor, that may develop under normal use of the supplied products in the conditions prevailing in India.

Indicative SLA Terms & Conditions for Terminal, Software & Maintenance Services

(Final SLA to be signed will include the terms & conditions included in RFP document and corrigendum)

2. Warranty/AMC for POS Terminal Components: Comprehensive warranty for all the POS

Terminal components including free replacement of spares, parts, kits as and when necessary will be 36 months from date of delivery. Annual Maintenance Contract (AMC) for subsequent two (02) years. The number of terminals to be covered under AMC will be decided by the Bank at its sole discretion.

3. Warranty for the System Software/off-the-shelf Software will be provided to the Bank as per the general conditions of sale of such software. 4. The Vendor shall in addition comply with the performance guarantees specified under the

Contract. If, for reasons attributable to the Vendor, these guarantees are not attained in whole or in part, the Vendor shall make such changes, modifications and / or additions to the Products or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests.

5. Comprehensive warranty:

The warranty would be comprehensive in nature and back to back support from the OEM. The vendor will warrant all the POS Terminal and software against defects arising out of faulty design, materials and media workmanship etc. for a period of three years from the date of acceptance of the POS Terminal and software. The vendor will provide support for Operating Systems and other preinstalled software components during the warranty/AMC period of the POS Terminal on which these software & operating system will be installed. The Vendor shall repair or replace worn out or defective parts including all plastic parts of the equipment at his own cost including the cost of transport.

6. During the term of the contract, the VENDOR will maintain the equipment in perfect working order and condition and for this purpose will provide the following repairs and maintenance services:

a) Free maintenance services during the period of warranty and AMC. Professionally

qualified personnel who have expertise in the POS Terminal and system software supplied by the vendor will provide these services.

b) The VENDOR shall ensure that faults and failures intimated by Bank are set right within

5 (five) days of receiving the terminal at their repair centre. The maximum TAT (turnaround time) from the date of receipt of terminal at the repair centre to delivery of terminal at the merchant location will be 10 days.

c) In the event of the equipment not being repaired or a workable solution not provided during Warranty period, a penalty of one (1) percent of the purchase price for each week or part thereof the delay, subject to maximum amount of ten (10) percent of the purchase price will be charged to vendor. The vendor may provide temporary equivalent replacement as a workable solution to avoid the above penalty.

d) Any penalty due during the Warranty/AMC period will be adjusted against the the

outstanding bill amounts or performance guarantee given by the Vendor.


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e) The VENDOR shall ensure that the meantime between failures (including any malfunctioning, breakdown or fault) in the equipment or any part thereof, as calculated during any and every quarter (period of three consecutive months) is not less than 90 days.

f) All engineering changes generally adopted hereafter by the VENDOR for equipment

similar to that covered by this AGREEMENT, shall be made to the equipment at no cost to the Bank.

g) Qualified maintenance engineers totally familiar with the equipment shall perform all

repairs and maintenance service described herein. 7. Any worn or defective parts withdrawn from the equipment and replaced by the VENDOR shall

become the property of the VENDOR and the parts replacing the withdrawn parts shall become the property of Bank.

8. NO term or provision hereof shall be deemed waived and no breach excused, unless such

waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to or waiver of a breach by other, whether express or implied, shall not constitute a consent to or waiver of or excuse for another different or subsequent breach.

9. On account of any negligence, commission or omission by the engineers of the VENDOR and if

any loss or damage caused to the Equipment, the VENDOR shall indemnify/pay/reimburse the loss suffered by the BANK.

10.

Future additions of POS Terminal / Software:

10.1 The Bank would have the right to:

a) Shift supplied systems to an alternative site of its choice. b) Disconnect / connect / substitute peripherals such as printers, etc. or devices or any

equipment / software acquired from another vendor. c) Expand the capacity / enhance the features / upgrade the POS Terminal / software supplied,

either from the vendor, or another vendor, or developed in-house. Provided such changes or attachments do not prevent proper maintenance, from being performed or unreasonably increase the VENDOR cost of performing repair and maintenance service.

10.2 The warranty/AMC terms would not be considered as violated if any of (a), (b) or (c) above takes

place. Should there be a fault in the operations of the system, the vendor, would not unreasonably assume that the causes lie with those components / software not acquired from them.

11. CONFIDENTIALITY: 11.1 The VENDOR acknowledges that all material and information which has and will come into its

possession or knowledge in connection with this agreement or the performance thereof, whether consisting of confidential and proprietary data or not, whose disclosure to or use by third parties may be damaging or cause loss to Bank will all times be held by it in strictest confidence and it shall not make use thereof other than for the performance of this agreement and to release it only to employees requiring such information, and not to release or disclose it to any other party. the VENDOR agrees to take appropriate action with respect to its employees to ensure that the obligations of non-use and non-disclosure of confidential information under this agreement are


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fully satisfied. In the event of any loss to the Bank in divulging the information by the employees of the VENDOR, the bank shall be indemnified. The VENDOR agrees to maintain the confidentiality of the Bank‟s information after the termination of the agreement also.

11.2 The VENDOR / Bank will treat as confidential all data and information about the VENDOR /Bank

/ Contract, obtained in the execution of this tender including any business, technical or financial information, in strict confidence and will not reveal such information to any other party.


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Annexure A Performance Bank Guarantee (From a first class scheduled commercial Bank) To, The Deputy General Manager Canara Bank, Marketing & RR Wing, Head Office. 1st Floor, Jeevan Prakash Building 113-1, JC Road, Bengaluru -560002 Dear Sir, PERFORMANCE BANK GUARANTEE – Supply, Delivery, Installation, Integration, Support/ Services, warranty and maintenance of the Point of sales Terminals to the State Bank of India WHEREAS M/s. (name of Supplier), a company registered under the Companies Act, 1956, having its registered and corporate office at (address of the Supplier), (hereinafter referred to as “our constituent”, which expression, unless excluded or repugnant to the context or meaning thereof, includes its successors and assigns), entered into an Agreement dated…..….(hereinafter , referred to as “the said Agreement”) with you ( State Bank of India, New Business Department, Merchant Acquiring Business Vertical for supply, delivery, installation, Integration, support/services, testing, training, operationalisation, warranty and maintenance of the Point of Sales Terminals as detailed in the said Agreement. 2. We are aware of the fact that in terms of the said Agreement, our constituent is required to furnish a

Bank Guarantee for an amount of Rs……….( in words and figures), being 10% of the Contract value of

Rs……………. (In words and figures), as per the said Agreement, as security against breach / default/

non-performance of the said Agreement by our Constituent. In consideration of the fact that our

constituent is our valued customer and the fact that he has entered into the said Agreement with you,

we, (name and address of the bank and Branch), have agreed to issue this Performance Bank Guarantee. Therefore, we (name and address of the bank) hereby unconditionally and irrevocably guarantee you as under:

I. In the event of our constituent committing any breach/default of the said Agreement, including inability of the solution provided to attain the performance criteria stipulated in the Agreement, we hereby agree to pay you forthwith on demand such sum/s not

exceeding the sum of Rs……….. (In words and figures) without any demur.

II. Notwithstanding anything to the contrary, as contained in the said Agreement, we agree that

your decision as to whether our constituent has made any such default/s/ breach/es, as


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aforesaid and the amount or amounts to which you are entitled by reasons thereof, subject to the terms and conditions of the said Agreement, will be binding on us and we shall not be

entitled to ask you to establish your claim or claims under this Performance

Bank Guarantee, but will pay the same forthwith on your demand without any protest or demur.

III. This Performance Bank Guarantee shall continue and hold good till the completion of the warranty period for the supply of „POS Terminals (date), subject to the terms and

conditions in the said Agreement.

IV. We bind ourselves to pay the above said amount at any point of time commencing from the date

of the said Purchase Agreement until the completion of the warranty period for the POS Terminals as per the said Agreement.

V. We further agree that the termination of the said Agreement, for reasons solely attributable to

our constituent, virtually empowers you to demand for the payment of the above said amount under this Guarantee and we have an obligation to honour the same without demur.

VI. In order to give full effect to the Guarantee contained herein, we (name and address of the bank), agree that you shall be entitled to act as if we were your principal debtors in respect of your claims against our constituent. We hereby expressly waive all our rights of surety ship and

other rights, if any, which are in any way inconsistent with any of the provisions of this Performance Bank Guarantee.

VII. We confirm that this Performance Bank Guarantee will cover your claim/s against our

constituent made in accordance with this Guarantee from time to time, arising out of or in relation to the said Agreement and in respect of which your claim is lodged with us on or before the date of expiry of this Performance Guarantee, irrespective of your entitlement to other claims, rights and relief, as provided in the said Agreement.

VIII. Any notice by way of demand or otherwise hereunder may be sent by special courier, fax,

registered post or other electronic media to our address, as aforesaid and if sent by post, it shall

be deemed to have been given to us after the expiry of 48 hours when the same has been

posted. If it is necessary to extend this Guarantee on account of any reason whatsoever, we

undertake to extend the period of this Guarantee on the request of our constituent under

intimation to you (State Bank of India) . This Performance Bank Guarantee shall not be affected

by any change in the constitution of our constituent nor shall it be affected by any change in our

constitution or by any amalgamation or absorption thereof or therewith or reconstruction or

winding up, but will ensure to the benefit of you and be available to and be enforceable by you.

Notwithstanding anything contained hereinabove, our liability under this Performance

Guarantee is restricted to Rs………..(in words and figures) and shall continue to exist, subject to the terms and conditions contained herein, unless a written claim is lodged on us on or before the afore-said date of expiry of this guarantee.


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3. We hereby confirm that we have the power/s to issue this Guarantee in your favour under the Memorandum and Articles of Association/ Constitution of our Bank and the undersigned is/are the recipient of authority by express delegation of power/s and has/have full power/s to execute this Guarantee under the Power of Attorney issued by the Bank in his/their favour. 4. We further agree that the exercise of any of your rights against our constituent to enforce or forbear

to enforce or any other indulgence of facility, extended to our constituent to carry out the contractual

obligations as per the said Agreement, would not release our liability under this Guarantee and that

your right against us shall remain in full force and effect, notwithstanding any arrangement that may be

entered into between you and our constituent, during the entire currency of this Guarantee. 5. Notwithstanding anything contained herein:

i) Our liability under this Performance Bank Guarantee shall not exceed Rs……………. (in words and figure) ;

ii) This Performance Bank Guarantee shall be valid only up to a period of 42 months…………..

(date, i.e. completion of warranty period for the Total Solution) and We are liable to pay the guaranteed amount or part thereof under this Performance Bank

Guarantee only and only if we receive a written claim or demand on or before ………..( date i.e. completion of the warranty period for the Total Solution).

iii) This Performance Bank Guarantee must be returned to the bank upon its expiry. If the

Performance Bank Guarantee is not received by the bank within the above-mentioned period, subject to the terms and conditions contained herein, it shall be deemed to be automatically cancelled.

Dated………………….this……………day………….2015. Yours faithfully, For (Name & address of the Bank & Branch Issuing Guarantee)


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ANNEXURE ‘B’

2. NOW, THEREFORE, the BUYER and the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER

agree to enter into this pre-contract integrity agreement, hereinafter referred to as Integrity Pact,

which shall form part and parcel of RFP as also the contract agreement if contracted with BIDDER, in

the event that the BIDDER turns out to be successful bidder, and it is intended through this agreement

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

PRE CONTRACT INTEGRITY PACT

1. GENERAL

1.1. This pre-bid contract Agreement (herein after called the Integrity Pact) is made on_____ day

of the month 20____ , between, the Canara Bank, a body corporate constituted under Banking

Companies (Acquisition and transfer of undertakings), Act 1970 having its Head office at 112, J.C.

Road, Bangalore 560 002,with branches spread over India and abroad (hereinafter referred to as

BUYER which expression shall include its successors and assigns) acting through

Shri________________ , (Designation of the officer) representing _________

_________________, of the BUYER, of the FIRST PART

AND

M/s.________________represented by Shri ____________Chief Executive Officer/Authorised

Signatory (hereinafter called the "BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER",

which expression shall mean and include, unless the context otherwise requires, his successors

and permitted assigns), of the SECOND PART

1.2. WHEREAS the BUYER proposes to procure (Name of the Stores/Equiprnent/ltem) /engage

the services and the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER is willing to offer/has

offered the stores/services and

1.3. WHEREAS the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER is a private company/

public company/Government undertaking/ partnership/ LLP/registered export agency/service

provider, duly constituted in accordance with the relevant law governing its

formation/incorporation/constitution and the BUYER is a body corporate constituted under Banking

Companies (Acquisition and transfer of undertakings), Act 1970.

1.4. WHERAS the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER has clearly understood

that the signing of this agreement is an essential pre-requisite for participation in the bidding process in

respect of Stores/Equipment/ltems/Services proposed to be procured by the BUYER and also

understood that this agreement would be effective from the stage of invitation of bids till the complete

execution of the agreement and beyond as provided in clause 13 and the breach of this agreement

detected or found at any stage of the procurement process shall result into rejection of the bid and

cancellation of contract rendering BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER liable for

damages and replacement costs incurred by the BUYER.


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influence/prejudiced dealings prior to, during and subsequent to the Contract to be entered into with a

view to:-

2.1. Enabling the BUYER to obtain the desired Stores/Equipment/Work/Service/Materials 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

2.2. Enabling BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER/SERVICE PROVIDER to

refrain from bribing or indulging in any corrupt practices in order to secure the contract, by

providing assurance to them that the BUYER shall not be influenced in any way by the bribery or

corrupt practices emanating from or resorted to by their competitors and that all procurements shall be

free from any blemish or stain of corruption and the BUYER stays committed to prevent corruption, in

any form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this integrity Pact and agree as follows:

COMMITMENTS OF THE BUYER

The BUYER commits itself to the following:-

3.1. The BUYER represents that all officials of the BUYER, connected whether directly or

indirectly with the procurement process are duty bound by rules and regulations governing their service

terms and conditions not to demand, take promise for or accept, directly or through intermediaries,

any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other

advantage from the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER 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.

3.2.The BUYER will, during the pre-contract stage, treat all

BIDDERS/SELLERS/CONTRACTORS/SERVICE PROVIDERS alike, and will provide to all

BIDDERS/SELLERS/CONTRACTORS/SERVICE PROVIDERS the same information and

will not provide any such information to any particular

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER which could afford an advantage to that

particular BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER in comparison to the other

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDERS.

3.3. The BUYER shall report to the appropriate Government Regulators/Authorities any attempted or

completed breaches of the above commitments as well as any substantial suspicion of such a

breach, as and when the same is considered necessary to comply with the law in force in this regard.

In case any such preceding misconduct on the part of such official(s) is reported by the

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER to the BUYER with the 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 he debarred from further dealings related


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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.

4. COMMITMENTS OF BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDERS

The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER commits itself to take all measures

necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or

during any pre-contract or post-contract stage in order to secure the contract or in furtherance to

secure it and in particular commit itself to the following:-

4.1. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will not offer, directly or through

intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or

other advantage, commission, fees, brokerage or inducement to any official of the BUYER,

connected directly or indirectly with the biding 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.

4.2. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER further undertakes that it

has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward,

favour, any material or immaterial benefit or other advantage, commission, fees, brokerage, or

inducement to any official of the BUYER or otherwise for procuring the Contract or for forbearing to do

or for having done any act in relation to the obtaining or execution of the contract or any other

contract with the BUYER or for showing or forbearing to show favour or disfavour to any person in

relation to the contract or any other contract with the BUYER.

4.3. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER further confirms and declares

to the BUYER that the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER is the original

Manufacturer/Integrator/Authorized government sponsored export entity of the stores/Authorised

Service Provider having necessary authorizations, intellectual property rights and approvals from the

intellectual property right owners of such materials/services 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/SELLER/CONTRACTOR/SERVICE PROVIDER, nor has any amount been paid,

promised or intended to be paid to any such individual, firm or company in respect of any such

intercession, facilitation or recommendation.

4.4. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER, 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 and the details of services

agreed upon for such payments.


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4.5. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER 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.

4.6. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will not accept any advantage in

exchange for any corrupt practice, unfair means and illegal activities emanating from other competitors

or from anyone else.

4.7. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER shall not use improperly, for

purpose of competition or personal gain, or pass on to others, any information provided by the

BUYER as part of the business relationship, regarding plans, technical proposal and business

details, including information contained in any electronic data carrier. The

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER also undertakes to exercise due and

adequate care lest any such information is divulged.

4.8. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER commits to refrain from giving

any complaint directly or through any other manner without supporting it with full and verifiable facts.

4.9. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER shall not instigate or cause to

instigate any third person to commit any of the acts mentioned above.

5. PREVIOUS TRANSGRESSION

5.1 The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER declares that no

previous transgression occurred in the last three years immediately before signing of this Integrity Pact

with any other company in any country in respect of any corrupt practices envisaged hereunder or with

any Public Sector Bank, Public Sector Enterprise/Undertaking in India or any Government

Department in India that could justify BIDDER's exclusion from the tender process.

5.2. If the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER makes incorrect statement

on this subject, BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER can be disqualified from the

tender/bid process or the contract, if already awarded, can be terminated for such reason.

6. EARNEST MONEY (SECURITY DEPOSIT)

6.1. Every BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER while submitting commercial

bid, shall deposit an amount as specified in RFP/Tender Documents as Earnest Money/Security,

Deposit, with the BUYER through any of the instruments as detailed in the tender documents.

6.2. The Earnest Money/Security Deposit shall be valid for a period till the complete conclusion

of the contractual obligations or for such period as mentioned in RFP/Contract , including warranty

period, whichever is later to the complete satisfaction of BUYER.

6.3. In the case of successful BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER, a clause

would also be incorporated in the Article pertaining to Performance Bond in the Purchase Contract

that the provisions of Sanctions for violation shall be applicable for forfeiture of Performance Bond

in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing

sanction for violation of this Pact.


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6.4. No interest shall be payable by the BUYER to the BIDDER/SELLER/CONTRACTOR/SERVICE

PROVIDER on Earnest Money/Security Deposit for the period of its currency.

7. SANCTIONS FOR VIOLATIONS

7.1. Any breach of the provisions herein contained by the BIDDER/SELLER

/CONTRACTOR/SERVICE PROVIDER or any one employed by it or acting on its behalf (whether with

or without the knowledge of the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER 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/SELLER/CONTRACTOR/SERVICE PROVIDER. However, the

proceedings with the other BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER(s) would continue.

(ii) To forfeit fully or partially the Earnest Money Deposit (in pre-contract stage) and/or Security

Deposit/Performance Bond (after the contract is signed), as decided by the BUYER and

the BUYER shall not be required to assign any reason therefor.

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

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER.

(iv) To recover all sums already paid by the BUYER, and in case of the Indian

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER with interest thereon at 2% higher than

the prevailing Prime Lending Rate of (Name of the Bank/Financial

Institution) while in case of a BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER from a country

other than India with Interest thereon at 2% higher than the LIBOR. If any outstanding payment is

due to the BIDDER/SELLER /CONTRACTOR from the BUYER in connection with any other

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

The BUYER shall also be entitled to recover the replacement costs from

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER .

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

furnished by the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER, in order to recover the

payments, already made by the BUYER, along with interest.

(vi) To cancel all or any other contracts with the BIDDER

/SELLER/CONTRACTOR/SERVICE PROVIDER and the BIDDER/SELLER

/CONTRACTOR/SERVICE PROVIDER 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


(vii) To debar the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER from participating in

future bidding processes of the BUYER for a minimum period of five years, which may be

further extended at the discretion of the BUYER.


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(viii) To recover all sums paid in violation of this Pact by

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER(s) to any middlemen or agent or broker with

a view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract

signed by the BUYER with the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER, the same

shall not be opened.

(x) Forfeiture of The 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.

(xi) The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER shall not lend to or borrow any

money from or enter into any monetary dealings or transactions, directly or indirectly, with any

employee of the BUYER, and if he does so, the BUYER shall be entitled forthwith to rescind the

contract and all other contracts with the BIDDER/SELLER/CONTRACTOR/SERVICE

PROVIDER. The BIDDER/SELLER/ CONTRACTOR shall be liable to pay compensation for any

loss or damage to the BUYER resulting from such rescission and the BUYER shall be entitled to

deduct the amount so payable from the money(s) due to the


7.2. The BUYER will be entitled to take all or any of the actions mentioned at para 7.1 (i) to (xi) of this

Pact, also in the event of commission by the BIDDER/ SELLER/CONTRACTOR/SERVICE PROVIDER

or anyone employed by it or acting on its behalf (whether with or without the knowledge of the

BIDDER), of an offence as defined In Chapter IX of the Indian Penal code, 1860 or Prevention of

Corruption Act, 1988 or any other statute enacted for prevention of corruption.

7.3. The decision of the BUYER to the effect that a breach of the provisions of this pact has

been committed by the BIDDER/SELLER/ CONTRACTOR shall be final and conclusive on

the BIDDER/SELLER /CONTRACTOR. However, the BIDDER/SELLER/CONTRACTOR/SERVICE

PROVIDER can approach the Independent External Monitor(s) appointed for the purposes of this

Pact.

8. FALL CLAUSE

8.1. The BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER undertakes that it has not

supplied/is not supplying similar product/systems or subsystems/services at a price lower than that

offered in the present bid to any other Bank or PSU or Government Department or to any other

organization/entity whether or not constituted under any law and if it is found at any stage

that similar product/systems or sub systems/services was supplied by the

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER to any other Bank or PSU or Government

Department or to any other organization/entity whether or not constituted under any law, at a lower

price, then that very price, with due allowance for elapsed time, will be applicable to the

present case and the difference in the cost would he refunded by the


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BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER to the BUYER, if the contract has already

been concluded.

9. INDEPENDENT EXTERNAL MONITORS

9.1. The BUYER has appointed two Independent External Monitors (hereinafter referred to as

Monitors) for this Pact in accordance with the recommendations and guidelines issued by Central

Vigilance Commission.

9.2. The task of the Monitors shall be to review independently and objectively, whether and to what

extent the parties comply with the obligations under this Pact.

9.3. The Monitors shall not be subject to instructions by the representatives of the parties and

perform their functions neutrally and independently.

9.4. Both the parties accept that the Monitors have the right to access all the documents

relating to the project/procurement, including minutes of meetings. The Monitors shall on

receipt of any complaint arising out of tendering process jointly examine such complaint, look into the

records while conducting the investigation and submit their joint recommendations and views to the

Management and Chief Executive of the BUYER. The MONITORS may also send their report directly to

the CVO and the commission, in case of suspicion of serious irregularities

9.5. As soon as any event or incident of violation of this Pact is noticed by Monitors, or Monitors

have reason to believe, a violation of this Pact, they will so inform the Management of the BUYER.

9.6. The BIDDER(s) accepts that the Monitors have the right to access without restriction to all Project

/Procurement documentation of the BUYER including that provided by the

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will also grant the Monitors, upon their

request and demonstration of a valid interest, unrestricted and unconditional access to his

documentation pertaining to the project for which the RFP/Tender is being /has been submitted by

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The same is applicable to Subcontractors.

The Monitors shall be under contractual obligation to treat the information and documents of the

BIDDER/Subcontractors( ) with confidentiality.

9.7. The BUYER will provide to the Monitors 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 may offer to the Monitors the option to participate in such

meetings.

9.8. The Monitors will submit a written report to the BUYER at the earliest from the date of

reference or intimation to him by the BUYER/BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER

and submit proposals for correcting problematic situations.

10. FACILITATION OF INVESTIGATION


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In case of any allegation of violation of any provisions of this Pact or payment of

commission, the BUYER or its agencies shall be entitled to examine all the documents including the

Books of Accounts of the BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER and the

BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER shall provide necessary information of the

relevant documents and shall extend all possible help for the purpose of such examination,

11. LAW AND PLACE OF JURISDICTION

This Pact is subject to Indian Law and the place of jurisdiction is Bangalore.

12. OTHER LEGAL ACTIONS

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may

follow in accordance with the provisions of the any other law in force relating to any civil or criminal

proceedings.

13. VALIDITY

13.1. The validity of this Integrity Pact shall be from the date of its signing and extend up to 5

years or such longer period as mentioned in RFP/Contract or the complete execution of the contract to

the satisfaction of the BUYER whichever is later. In case BIDDER/SELLER/CONTRACTOR/SERVICE

PROVIDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the

signing of the contract.

13.2. If one or several provisions of this Pact turn out to be invalid; the remainder of this Pact shall

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

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

BUYER BIDDER

Name of the Officer

CHIEF EXECUTIVE OFFICER/AUTHORISED SIGNATORY

Designation

Name of Wing

Canara Bank

Witness Witness

1) 1)

2) 2)


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Annexure C

Bank Guarantee Format for Earnest Money Deposit

To : The Deputy General Manager Canara Bank, Marketing & RR Wing, Head Office. 1st Floor, Jeevan Prakash Building 113-1, JC Road, Bengaluru -560002 WHEREAS ______________________________(Name of Respondent) (hereinafter called "the Bidder" has submitted its bid dated _______________________ (Date) for the execution of (Name of Contract)_____________

(a) If the respondent withdraws its Bid during the period of Bid validity specified in the RFP; or

_______(hereinafter called "the RFP") in favour of ______________________hereinafter called the "Beneficiary"; KNOW ALL MEN by these presents that we, _________(name of the issuing Bank), a body corporate constituted under the _______________________having its Head Office at __________________amongst others a branch/office at ________________ (hereinafter called "the Bank" are bound unto the Beneficiary for the sum of Rs_______________(Rupees________________________________________only) for which payment well and truly to be made to the said Beneficiary, the Bank binds itself, its successors and assigns by these presents; THE CONDITIONS of this obligation are:

(b) If the respondent having been notified of the acceptance of his Bid by the Beneficiary during the period of Bid validity; (i) fails or refuses to execute the Agreement, if required; or (ii) fails or refuses to furnish the performance security, in accordance with clause ___________ of conditions of Contract.

We undertake to pay to the Beneficiary up to the above amount upon receipt of his first written demand without the Beneficiary having to substantiate his demand, provided that in his demand the Beneficiary will note that the amount claimed by him is due to him owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

Notwithstanding anything contained herein

i) Our liability under this Bank Guarantee shall not exceed Rs.__________ (Rupees ________________________________only)

ii) This Bank Guarantee is valid up to ________________ and iii) 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 ______________________ (mention period of guarantee as found under clause (ii) above plus claim period)

Dated _________________day of ________________________2016.

SIGNATURE & SEAL OF THE BANK