sytem audit report of storage of payment ......details/ information collected / carried / processed...
TRANSCRIPT
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
1
Request for proposal for System Audit of Storage of Payment System Data of the Bank
Tender No: PSB/HOIT/RFP/121/2018-19 Dated: 08.09.2018
PUNJAB & SIND BANK
Head office Information Technology Department
2nd Floor, Bank House, 21-Rajendra Place
New Delhi-110008
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
2
Contents
Sr.
No.
Particulars Page
No.
1. INTRODUCTION 4
2. ELIGIBILITY CRITERIA 5
3. SCOPE OF WORK 5
4. OTHER IMPORTANT TERMS & CONDITIONS 6
5. TERMS & CONDITION 7
6. RESOLUTION OF DISPUTE 12
7. CORRUPT or FRADULANT PRACTICES 12
8. INDEMNITY 13
9. BIDDER`s OBLIGATION 13
10. PATENT RIGHT 13
11. SIGNING OF CONTRACT 13
12. ANNEXURE A 15-16
13. ANNEXURE B 17-40
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
3
KEY INFORMATION
Particulars Details
Tender Number PSB/HOIT /RFP/121/2018-19
Tender Title Request for Proposal for System Audit of
Storage of Payment System Data of the Bank.
Participation Fee (Non Refundable) Rs. 5 ,000 /- In form of DD favoring Punjab &
Sind Bank payable at New Delhi
Bid Security (EMD) Rs. 50,000/- (In form of Bank
Guarantee)
Bid Validity 180 days
Performance Bank Guarantee In form of Bank Guarantee @ 10% of TCO
Date of Publishing the tender on Bank’s
Website
08.09.2018
Last Date for submission of Pre-Bid
Query
17.09.2018 by 3:00 pm
(queries must be mailed to
[email protected] only in MS- excel format
quoting tender reference number in the subject)
Date and Time for Pre Bid Meeting 18.09.2018 03:00 pm
Last Date and time for submission of
Bids
04.10.2018 03:00 pm
Date and Time of Opening of Technical
Bids
04.10.2018 03:30 pm
Date and Time of opening of
Commercial Bids
To be notified later to the technically qualifying
bidders only.
Place of submission and Opening of
Bids
Punjab & Sind Bank
Head Office, 2nd Floor, Information
Technology Department, Bank House,
21, Rajendra Place, New Delhi 110008
Contact Persons for any clarifications/
Submission of Bids
AGM (IT)
Contact Numbers Manoj Kumar (AGM IT) - 9811728292
Jyoti Parashar (Manager IT) 9718271556
* If any of the dates given above happens to be Holiday in Delhi, the related activity shall be
undertaken on the next working day at the same time.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
4
1. INTRODUCTION
1.1 About the Bank
PUNJAB & SIND BANK, a leading Public Sector Bank having its Head Office at New Delhi is
implementing many key technology solutions like Core Banking (CBS), Internet Banking (e-
banking),Tele Banking, Mobile Banking, onsite / offsite ATMs, Integrated Treasury Systems, RTGS,
SFMS, NEFT etc. The Bank has chosen FINACLE Software of M/s. INFOSYS Ltd., as the Core
Banking Solution and implanted CBS in 100% branches and offices. 1.2 Present Status of the Bank
The Bank is using the financial software Finacle (7.0.25) for carrying out the Banking operations.
The bank has a widespread network of 1500 plus branches, 25 Zonal Offices, 29 Departments in Head
Office, 9 Regional Clearing Centers, 2 Training Centers and 9 Currency Chests all networked under
Centralized Banking Solution. It also has a network of more than 1250 ATMs spread across the country
including onsite and offsite ATMs. The Bank’s CBS Project Office and HO Information Technology
Department is located in New Delhi. The Bank’s Data Center (DC) is located in Vashi Mumbai and
Disaster Recovery Center at Greater Noida and both are managed by Bank’s CBS System Integrator
M/s Wipro. The DC is connected to the branches, Zonal Office and Head Office through Bank-wide Wide
Area Network. The entire network uses Leased Lines, RF, VSAT and Backup connectivity through ISDN
lines & RF etc. The ATMs, Mail Messaging System and other applications also use the WAN. The Disaster
Recovery Center of Bank has similar setup as that of Data Centre of financial software setup.
1.3 Purpose of RFP:
This RFP seeks to engage a CERT-IN empanelled vendor for Conducting Systems Audit of Storage of
Payment System Data of the Bank.
As per RBI circular no. RBI/2017-18/153 dated 06.04.2018 regarding "Storage of Payment System Data":
1. All system providers shall ensure that the entire data relating to payment systems operated by them are
stored in a system only in India. This data should include the full end-to-end transaction details /
information collected / carried / processed as part of the message / payment instruction. For the foreign
leg of the transaction, if any, the data can also be stored in the foreign country, if required.
2. System providers shall submit the System Audit Report (SAR) on completion of the requirement at 1
above. The audit should be conducted by CERT-IN empanelled auditors certifying completion of
activity at 1 above. The SAR duly approved by the Board of the system providers should be submitted
to the Reserve Bank not later than December 31, 2018.
The aim of the RFP is to solicit proposals from qualified bidders for undertaking above assignment.
Interested eligible bidders may download the RFP from Punjab & Sind Bank website www.psbindia.com or
from Govt. of India web site www.tenders.gov.in.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
5
2. ELIGIBILITY CRITERIA
Sr
.
N
o.
Eligibility Criteria Support Documents to be
submitted
1 The bidder should be a
Company/Firm/ Organization
registered in India.
Certificate of Incorporation &
Commencement of Business (whichever
applicable) should be submitted
2 The Bidder must have conducted at
least one System Audits of Payment
System of Scheduled Commercial
Banks or any Financial Institution in
India during last four years
(2015, 2016, 2017, 2018).
Letters from the organizations for
which the bidder had conducted Systems Audit
(the scope of the assignment should have
been clearly mentioned).
3 The Bidder should have a valid
CERT-In empanelment as on the last
date of submission of bid.
Cert-in empanelment document.
4 The Bidder should not be
banned/blacklisted/ debarred by any
Bank/PSU/GOI Department/ Indian
Financial Institutions as on date of
submission of bid.
An undertaking letter to be enclosed
by the Bidder clearly stating that they are not
banned/blacklisted/ debarred by any Bank, PSU/
GOI Departments/ Indian Financial Institutions as
on date of submission of bid.
Note: The bidder must comply with all the above mentioned criteria. Non-compliance of any of the
criteria will entail rejection of the bid summarily. Photocopies of relevant documents/certificates should be
submitted as proof in support of the claims made. The Bank reserves the right to verify/evaluate the claims
made by the bidder independently.
3. SCOPE OF WORK:
3.1 Scope of Work Related to System Audit Report (SAR): The Scope of work mainly relates to conducting of System Audit of Storage of Payment System Data
of the Bank.
The details of the payment system applications in the Bank is as below:
Application/Process Hosted at Bank DC/DR
(Yes/No) If not location DC/DR
Managed by
Vendor than
Vendor`s Name
CBS Application Yes-
Mumbai
Yes-Noida NA NA M/s Wipro
Internet Banking
Application
Yes-
Mumbai
Yes-Noida NA NA M/s Wipro
Mobile Banking
Application
Yes-
Mumbai
Yes-Noida NA NA M/s Wipro
Treasury Yes-
Mumbai
Yes-Noida NA NA M/s Wipro
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
6
Financial Inclusion,
Centralized FI gateway
Application solution
Yes-
Mumbai
Yes-Noida NA NA M/s TCS
Aadhar Enable Payment
System
(AEPS)
Yes-
Mumbai
Yes-Noida NA NA M/s TCS
RTGS/NEFT etc. Bank
premises
at HO
RTGS
Yes-Noida
(Testing under
Process)
NA NA M/s Acumen
SWIFT* Yes -
Mumbai
Yes :
1. HO IMD
2. Noida-
Installation
pending
NA NA M/s Globsyn
ATM Switch & Back
Office
NO No Che
nnai
Mumbai M/s FSS
CTS Mumbai No No Mu
mba
i
Hyderaba
d
M/s AGC
CTS Chennai No No Mu
mba
i
Hyderaba
d
M/s AGC
CTS Delhi Yes
(Ranjit
Nagar)
Yes - Noida NA NA M/s NCR
*Entire SWIFT setup is located within Bank's own premises. Additionally, the external SWIFT connection is sourced directly from SWIFT
and the SWIFT's recommended Network Partner, BT.
System Audit Report should also mention the existing place of storage of payment system data (DC,
DR, backup etc.) of all the above mentioned applications. This data includes full end-to-end transaction
details/ information collected / carried / processed as part of the message / payment instruction. 3.2 The System Audit should be performed as per RBI circular no. RBI/2017-18/153 dated 06.04.2018
regarding "Storage of Payment System Data". 3.5. Execution of work:
3.5.1 The successful bidder should submit a detailed plan clearly indicating the tentative dates and estimated
time for System Audit of Storage of Payment System Data of the Bank.
3.5.2 At the end of System Audit, the service provider should submit a detailed System Audit Report. Report
should specify the location of Storage of Payment System data. The System audit Report should be as per
the RBI circular no. RBI/2017-18/153 dated 06.04.2018.
3.5.3 The assignment will be for conducting System Audit for one time only.
4. OTHER IMPORTANT TERMS & CONDITIONS:
Sr.
No.
Objectives Timel
ine
Deliverables Payment
Schedules
1. Conduct of system Audit as per
scope and as per the RBI circular
no. RBI/2017-18/153 dated
06.04.2018
4
weeks
System Audit Report
(SAR)
100% after
Submission of System
Audit Report.
Note: The detail of payment schedule is described in Annexure-A.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
7
5. TERMS AND CONDITIONS:
5.1. Bid Price:
a. The RFP document can be downloaded from the Bank's website. However, the bidder will have to pay,
along with submission of their bid, a non-refundable fee of Rs.5 , 0 0 0 / - in the form of a demand draft
issued by a scheduled commercial bank favoring Punjab & Sind Bank, payable at New Delhi.
b. In the event of non-payment of the fee of Rs.5 , 00 0 / - towards the RFP along with the submission of
the bid documents, the bid will not be considered.
5.2. Bid Security:
a. Bidder will have to provide a Bid security of Rs.50,000/- (Rupees Fifty Thousand only) by way of Bank
Guarantee issued by a Scheduled Commercial Bank, other than P&SB, in favor of Punjab & Sind Bank,
valid for a period of one year from the last date of submission of bid.
b. The Bank reserves its right to reject the bid, in the event of non-submission of the bid- security of
Rs 50,000/-
c. No interest will be payable on the Bid Security amount.
d. The bid security amount will be forfeited if the bidder refuses to accept purchase order or having accepted
the purchase order, fails to carry out his obligations mentioned therein.
e. The Bid Security will be refunded to the unsuccessful bidders only after completion of the bid process.
f. The Bid security of the successful bidder would be refunded after the signing of the contract and furnishing
of the Performance Security of 10 % of the TCO (in the form of Bank Guarantee)
5.3. Clarifications on the RFP
a. Queries/clarifications would not be entertained over phone.
b. All the queries and clarifications must be sought in writing to the email id:
[email protected]. c. Bidders are also requested to collate queries and submit them together seeking clarifications/responses
from the Bank. It should be ensured that all the queries and clarifications are communicated in
writing on or before pre-bid meeting. Queries received thereafter will not be entertained. d. Bank will publish the clarifications/amendment (if any) on the bank’s website.
5.4. Two Part Bid: a. One hard copy of the Technical Bid and One Copy of the Commercial Bid must be submitted at the same
time, giving full particulars in separate sealed envelopes at the Bank‟s address given below on or before the
schedule given above. The bidder should submit a soft copy of the technical bid on a CD/Pen drive. Bid
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
8
(Technical & Commercial) must be submitted at the same time, giving full particulars in separate sealed
envelopes addressed to The Asstt. General Manager (IT) Punjab & Sind Bank,
HO IT Department,
Bank House, 21, Rajendra Place, New Delhi-110008
b. All the envelopes must be super-scribed with the following information –
Type of Bid – System Audit Report of Storage of Payment System Data of Punjab & Sind Bank (Technical
Bid)
Type of Bid - System Audit Report of Storage of Payment System Data of Punjab & Sind Bank (Commercial
Bid) Due Date :
Name of Bidder :
Name of the Authorized Person : Contact Number : c. All schedules, Formats and Annexure should be stamped and signed by an authorized official of the
bidder`s company.
d. The bid should be delivered preferably by hand or by post/ courier at the given address on or before the
bid submission date and time. Bids sent by fax, e-mail, will not be considered for evaluation.
e. Bids will be opened in the presence of the bidder representatives who choose to attend the opening of
tender on the specified date, time and place of bid opening. All bidders are advised to be present at the time
of bid opening. No separate intimation will be given in this regard. 5.5. No Erasures or Alterations:
a. The original bid (Technical Bid and Commercial Bid) shall be prepared in indelible ink.
b. Technical details must be completely filled up. All the hand-written details in the bid must be initialed by
the persons or person who sign(s) the bids.
c. All the pages of the bid must be initialed by an authorized representative with a round stamp of the
bidding firm.
5.6. Validity :
a. The bid should remain valid for a period of 180 days from the last date of submission of the bid.
b. At the option of the Bank, the bidder should extend the validity of bid for such required period (s),
as the Bank may require during the evaluation process.
5.7. Technical Bid: a. The Technical Bid should be complete in all respects and contain all the information asked for in this
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
9
RFP document in an organized and structured manner. All the details sought must be submitted in the
prescribed pro-forma only (as per the attached formats). Additional/ supporting documents, write-ups, etc.,
if any, should be furnished separately.
b. The Technical Bid should be submitted in separate sealed envelope, super scribed as
“System Audit Report of Storage of Payment System Data of Punjab & Sind Bank (Technical Bid)”
c. The Technical Bid should not contain any price information.
d. The Bank, at its discretion, may not evaluate a bid in case of non-submission or partial
submission of details sought.
e. The Technical Bid should comprise of following (as per the formats):
Sr. No. ANNEXURE No. SUBJECT PAGE No.
1 ANNEXURE – I PROFILE OF THE BIDDER 18
2 ANNEXURE – II ORGANISATIONAL STRUCTURE 19
3 ANNEXURE – III DECLARATION BY BIDDER 20
4 ANNEXURE – IV EXPERIENCE & EXPERTISE 21
5 ANNEXURE – V PERFORMANCE STATEMENT 22
6 ANNEXURE – VI TEAM PROFILE 23
7 ANNEXURE – VII FORMAT FOR COMMERCIAL BID 24
8 ANNEXURE – VIII BID FORM 25
9 ANNEXURE – IX BID SECURITY FORM 26
10 ANNEXURE – X PERFORMANCE SECURITY FORM 27
11 ANNEXURE – XI CONTRACT FORM 29
12 ANNEXURE – XII LETTER OF CONFIRMATION 31
13 ANNEXURE – XIII NON-DISCLOSRUE AGREEMENT 32
14 ANNEXURE – XIV PRE-CONTRACT INTEGRITY PACT 35 5.8. Commercial Bid:
a. The Commercial Bid should be submitted in separate sealed envelope, super scribed as “System Audit
Report of Storage of Payment System Data of Punjab & Sind Bank (Commercial Bid)”. b. The Commercial Bid should provide all relevant price information in Indian Rupees only.
c. The responses should be strictly as per the terms and conditions of this RFP. Bidders are advised not to
attach or specify any terms and conditions. The Bank reserves its right to reject the bids received with any
additional terms and conditions specified by the Bidder. d. The Commercial Bid should comprise of Annexure-VII (Format for Commercial BID-Page 24).
e. The prices mentioned in the commercial bid should strictly be in conformity with the price composition
specified in Annexure-A clause 4.0.
f. The Commercial Bid should include all taxes, duties, fees, and other charges as may be levied under
the applicable law as on the date of submission of the bid. However, the tax component of the prices should
be shown separately.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
10
g. The total cost must be quoted in WORDS AND FIGURES. In case of discrepancy between the words and
figures, lower of the two would be considered as the price quoted and the same will be binding on the bidder.
h. Commercial Bid of only those bidders, who qualify in Technical Bid evaluation, will be opened. 5.9 Evaluation Procedure:
a. The evaluation of technical bids will be done by a team of officials, which may include:
i. Scrutiny of eligibility criteria to determine the eligibility of bidders;
ii. Scrutiny of the bids to verify whether the same is in accordance with the RFP terms.
b. In the process of scrutiny of the bids, Bank may seek additional inputs and clarifications as may be
needed. The request for such clarifications and the response will necessarily be in writing.
c. Bid found to be meeting the Bank`s requirements based on the technical evaluation only will be considered
for commercial evaluation. Cost comparison will be on the basis of TCO (total cost of ownership). 5.10 Right to Alter Quantities
a. The Bank reserves the right to alter quantities, revise/modify all or any of the specifications, delete some
items specified in this bid, when finalizing its requirements or declare the RFP void, without assigning
any reason, before or after receiving the responses. 5.11 No Commitment to Accept Lowest or Any Tender
The Bank shall be under no obligation to accept the lowest or any other bid received in response to
this tender notice and shall be entitled to reject any or all tenders without assigning any reason whatsoever. 5.12 Rotation of Audit Team
If the selected Bidder has already carried out System Audit of our bank, the Bidder should change the
entire team and to depute a fresh team. 5.13 Price during Contract Period
a. The Contract would be valid for one time System Audit exercise only
5.14 Cancellation of the assignment:
The Bank reserves its right to cancel the Purchase Order in the event of one or more of the
following conditions:
a. Delay in commencement of the System Audit beyond four weeks after the Purchase Order or beyond the
date given by the bank in the Purchase Order. b. Delay in completion of System Audit beyond the time specified in the Purchase Order.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
11
5.15 Liquidated Damages:
5.15.1 Notwithstanding the Bank's right to cancel the assignment, 0.5% of the order value per week or part
thereof would be payable to the Bank for delay in the execution of this assignment order beyond specified
schedule, subject to a maximum of 5% of the value of the Contract.
5.15.2 Bank reserves it's right to recover these amounts by any mode such as adjusting from any
payments to be made by the Bank to the bidder. 5.15.3 The Bank however may review and consider waiving imposing of liquidated damages for delays
beyond the control of the Bidder. 5.16 RFP Ownership:
The RFP and all supporting documentation are the sole property of Punjab & Sind Bank and should not be
redistributed without prior written consent of Punjab & Sind Bank. Violation of this would be a breach of
trust and may, inter-alia cause the bidders to be irrevocably disqualified. The aforementioned material must
be returned to Punjab & Sind Bank while submitting the bid, or upon request. However, bidders can retain
one copy for reference. 5.17 Bid Ownership: The bid and all supporting documentation submitted by the bidders shall become the property of the Bank.
The bid and documentation may be retained, returned or destroyed as the Bank decides. 5.18 Confidentiality:
5.18.1 This document contains information confidential and proprietary to the Bank. Additionally, the bidders
will be exposed by virtue of the contracted activities to the internal business information of the Bank.
Disclosures of receipt of this RFP or any part of the aforementioned information to parties not directly
involved in providing the services requested could result in the disqualification of the bidders, premature
termination of the contract, or legal action against the bidders for breach of trust.
5.18.2 Selected bidder will have to sign a legal non-disclosure agreement with the Bank before starting the
project. 5.19 Non Transferable Tender:
This tender document is not transferable. Only the bidder, who has purchased this tender in its name or
submitted the necessary RFP price (for downloaded RFP) will be eligible for participation in the evaluation
process. 5.20 Language of BID:
The bid prepared by the Bidder, all correspondence and documents relating to the bid exchanged by
the Bidder & the Purchaser shall be written in English.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
12
5.21 Non-Disclosure Agreement/Service Level Agreement (SLA)
The selected vendor shall be required to sign Non-Disclosure Agreement (Annexure XIII) and Service Level
Agreement (SLA) covering all terms and conditions of this tender and Purchase Order/ Contract confidentiality and
non-disclosure clauses.
6. RESOLUTION OF DISPUTES:
6.1 The Purchaser and the bidder shall make every effort to resolve amicably by direct informal negotiation
any disagreement or dispute arising out of or in connection with the Contract.
6.2 If, after thirty (30) days from the commencement of such informal negotiations, the Purchaser and
the bidder have been unable to resolve amicably a Contract dispute, either party may require that the
dispute be referred for resolution to the formal mechanisms. Such disputes or differences shall be
settled in accordance with the Arbitration and Conciliation Act,1996. Where the value of contract is above
Rs.1 crore, the arbitral tribunal shall consist of 3 arbitrators, one each to be appointed by the Bank and the
Bidder. The third arbitrator shall be chosen by mutual discussion between the Bank and the Bidder.
6.3 The arbitration proceedings shall be held at New Delhi, India, and the language of the arbitration
proceedings shall be English. 6.4 The decision of majority of arbitrators shall be final and binding upon both parties. The cost and
expenses of Arbitration Proceedings will be paid as determined by arbitral tribunal. However, expenses
incurred by each party in connection with the preparation, presentation, etc., of its proceedings as also the
fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be borne by each party;
and
6.5 Where the value of the contract is Rs.1 crore and below, the disputes or differences arising shall be
referred to the sole arbitrator. The sole Arbitrator shall be appointed by agreement between the parties. 7. CORRUPT OR FRAUDULENT PRACTICES:
7.1 As per CVC directives it is required that Bidders/Suppliers/Contractors observes the highest
standard of ethics during the procurement and execution of such contracts. In pursuance of this policy;
i) “ Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution;
And ii) “ Fraudulent practice” means a misrepresentation of facts in order to influence a procurement
process or the execution of contract to the detriment of the Purchaser and includes collusive practice
among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-
competitive levels and to deprive the Purchaser of the benefits of free and open competition;
7.2 The Purchaser will reject a bid for award if it determines that the Bidder recommended
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
13
for award has engaged in corrupt or fraudulent practices in competing for
the contract in question;
7.3 The Purchaser will declare a firm ineligible, either indefinitely or for a stated period of time, to
be awarded a contract if at any time it determines that the firm has engaged in corrupt or fraudulent
practices in competing for, or in executing a contract.
8. INDEMNITY:
8.1 The bidder (Contractor) will indemnify the Bank against all actions, proceedings, claims, suits,
damages and any other expenses for causes attributable to the bidder.
8.2 The total liability of the selected bidder under the contract will not exceed the total cost of the project. 9. BIDDER’S OBLIGATIONS: 9.1 The bidder is obliged to work closely with the Purchaser s staff, act within its own authority and
abide by directives issued by the Purchaser during the System AUDIT activities.
9.2 The bidder is responsible for managing the activities of its personnel and will hold itself responsible for
any misdemeanors.
9.3 The bidder will treat as confidential all data and information about the Purchaser, obtained in the
execution of his responsibilities, in strict confidence and will not reveal such information to any
other party without the prior written approval of the Purchaser 10. PATENT RIGHT:
10.1 The Bidders shall indemnify the Purchaser against all third party claims of infringement
of patent, trademark or industrial design rights arising from use of the Software package or any part
thereof in India and abroad. 10.2 In the event of any claim asserted by the third party of infringement of copyright, patent,
trademark or industrial design rights arising from the use of the solution or any part thereof in India and
abroad, the Bidder shall act expeditiously to extinguish such claims. If the Bidder fails to comply and the
Purchaser is required to pay compensation to a third party resulting from such infringement, the Bidder shall
be responsible for the compensation including all expenses, court costs and lawyer fees. The
Purchaser will give notice to the Bidder of such claims, if it is made, without delay. 11. SIGNING OF CONTRACT: 11.1 At the time when the Purchaser notifies the Bidder that its bid has been accepted, the Purchaser
will send the Bidder the Contract Form (Annexure-XI) provided in the RFP, incorporating all
agreements between the parties.
11.2 Within One week of receipt of Contract Form, the bidders shall sign and date the contract and return
it to the Purchaser along with the required Performance Security. 11.3 Bank reserves the right to select the next ranked bidder if the selected bidder withdraws his
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
14
bid after selection or at the time of finalization of the contract or disqualified on detection of wrong or
misleading information in the bid.
11.4 In case the bidder fails to comply with the Clause 11.1 and 11.2 or in case the bidder
withdraws his bid after selection as per Clause 11.3 the bid security of the bidder will be forfeited.
11.5 Contract Amendment: No variation in or modification of the terms of the Contract shall be
made except by written amendment signed by the parties.
11.6 The bidder shall not assign, in whole or in part, its obligations to perform under the Contract,
except with the Purchaser s prior written consent.
12. PUBLICITY:
Any publicity by the bidder in which the name of the Purchaser is to be used should be done only with the
explicit written permission of the Purchaser.
Disclaimer Subject to any law to the contrary, and to the maximum extent permitted by law, Punjab & Sind Bank
and its officers, employees, contractors, agents, and advisers disclaim all liability from any loss or damage
(whether foreseeable or not) suffered by any person acting on or refraining from acting because of any
information including forecasts, statements, estimates, or projections contained in this RFP document or
conduct ancillary to it whether or not the loss or damage arises in connection with any negligence, omission,
default, lack of care or misrepresentation on the part of Punjab & Sind Bank or any of its officers, employees,
contractors, agents, or advisers.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
15
Annexure-A
OTHER IMPORTANT TERMS & CONDITIONS 1 TERMS OF PAYMENT: 1.1 The Bidder s request(s) for payment shall be made to the Purchaser in writing,
accompanied by an invoice describing, as appropriate and services performed and by documents
submitted and upon fulfillment of other obligations stipulated in the Contract. 1.2 Payments shall be made by the Purchaser on submission of an invoice/claim supported by all
required documents by the Bidder. 1.3 Payment will be made to the Bidder in Indian Rupees only.
1.4 Payment Schedule: -
Payment will be made on completion of following milestones:
100% after submission of System Audit Report
** TDS would be deducted at source for any payment made by the BANK as per the
prevailing Rules of Government of India. 1.5 Price Composition: The price quoted should be inclusive of following:
a) Professional Charges
b) Travel and Halting expenses, including local conveyance
c) Out of pocket expenses
d) Excluding GST 1.6 Work Contract tax, if any, applicable should be borne by the Bidder.
1.7 The commercial bid shall be on a fixed price basis and in Indian Rupees. No price variation should be
asked for relating to increases in customs duty, any taxes, foreign currency price variation etc. except GST, 1.8 All costs and expenses incurred by bidder in any way associated with the development,
preparation, and submission of responses, including the attendance at meetings, discussions, demonstrations,
reference site visits etc. and providing any additional information required by Punjab & Sind Bank, will
be borne entirely and exclusively by the bidder. 2.0 TAXES & DUTIES:
2.1 The bidder will be entirely responsible to pay all taxes including corporate tax, income tax,
license fees, duties etc. except GST in connection with delivery of the services at site. 2.2 Wherever the laws and regulations require deduction of such taxes at the source of payment, the
Bank/ purchaser shall effect such deductions from the payment due to the bidder. The remittance of
amount so deducted and issue of certificate for such deductions shall be made by the Purchaser as per
the laws and regulations in force.
2.3 GST if any, which will be applicable should be clearly mentioned separately which will be paid by the
Bank on actual basis on production of proof.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
16
2.4 Nothing in the contract shall relieve the bidder from his responsibility to pay any tax that may be
levied in India on income and profits made by the bidder in respect of this contract. 2.5 Payment of Other Expenses:
a. The selected bidder will have to visit various offices of the Bank, at various locations like
Mumbai, Chennai, Delhi, Noida, Hyderabad etc. during the course of System Audit. The Bank will not pay
any expenses towards travelling, lodging and boarding of the members of System Audit team of the selected
bidder. They will have to make their own travel and stay arrangements.
b. The bidder may perform a site inspection at its own cost to verify the appropriateness of the
sites/facilities before start of the Audit. 3.0 PROJECT SCHEDULE:
The selected bidder has to depute its officials at HO IT Department, New Delhi within one week from
the date of signing of the contract, for holding a formal meeting During the said meeting the bidder
has to give a brief technical overview / presentation regarding the technical methodology being adopted by
them to conduct the said audit. The bidder has to maintain the schedule time frame as mentioned below:-
The timeframe for completion of the project would be maximum 4 weeks
The Final SAR certificate is to be issued after completion of System Audit related to Storage of Payment
System data. 4.0 Documentation Format:-All documents will be handed over in three copies, numbered, signed, legible,
neatly and robustly bound on A-4 size, good-quality paper Soft copies of all the documents,
properly encrypted in MS Word /MS Excel /PDF format also to be submitted in CDs/DVDs along with the
hard copies of all documents will be in plain English
5.0 Signing of Pre- Contract Integrity Pact
All the participating bidders have to sign Pre-Contract Integrity Pact as per the Performa (Annexure XIV)
provided by the bank to the bidder as per CVC guidelines.
The integrity pact envisages a panel of Independent External Monitors (IEMs) to review independently and
objectively, whether and to what extent parties have complied with their obligation under the pact. The IEM
has the right to access to all the project documents. The Bank shall notify the name of the IEM when
finalized.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
17
ANNEXURE B: SCHEDULE OF REQUIREMENTS I N D E X
Sr.
No.
ANNEXURE No. SUBJECT PAGE No.
1 ANNEXURE – I PROFILE OF THE BIDDER 18
2 ANNEXURE – II ORGANISATIONAL STRUCTURE 19
3 ANNEXURE – III DECLARATION BY BIDDER 20
4 ANNEXURE – IV EXPERIENCE & EXPERTISE 21
5 ANNEXURE – V PERFORMANCE STATEMENT 22
6 ANNEXURE – VI TEAM PROFILE 23
7 ANNEXURE – VII FORMAT FOR COMMERCIAL BID 24
8 ANNEXURE – VIII BID FORM 25
9 ANNEXURE – IX BID SECURITY FORM 26
10 ANNEXURE – X PERFORMANCE SECURITY FORM 27
11 ANNEXURE – XI CONTRACT FORM 29
12 ANNEXURE – XII LETTER OF CONFIRMATION 31
13 ANNEXURE – XIII NON-DISCLOSURE AGREEMENT 32
14 ANNEXURE – XIV PRE-CONTRACT INTEGRITY PACT
35
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
18
ANNEXURE –I (TECHNICAL BID) :- PROFILE OF THE BIDDER
RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dt. 08.09.2018
DESCRIPTION DETAILS
Registered address of the Bidder Address:
Address for Correspondence of the Bidder
STD- Phone:
e-mail Id: FAX No:
Contact name of the official who
can commit on the contractual terms and the name of
an alternate official who may be contacted in
the absence of the former
Primary Contact:
Name: Designation: STD- Phone No: Mobile Phone :
e-mail ID : Alternate Contact: Name : Designation:
STD- Phone No: Mobile Phone :
e-mail ID :
Contact addresses if different from
above
Official Website Web Site URL :
Authorized Signatory with Seal
Date: Place:
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
19
ANNEXURE –II (TECHNICAL BID) :- ORGANISATIONAL STRUCTURE
RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dt. 08.09.2018
DESRCRIPTION DETAILS
Business Structure of the Bidder –Government
organization / PSU /Partnership Firm /Limited Co. /
LLP/ Private Ltd. Co. (Enclose relevant registration
details)
Registered Office
Bidder’s Organization’s date of
inception/Commencement of Business
No. of completed years in existence as on the last
date of bid submission
Constitution
Names of Directors
Core Business of Bidder
Bidder is engaged in Systems
Audits since (month & year) & total experience (in
years/months) in System Audit Services
Whether Systems Audit is a core
function of the bidder?
Empanelment with CERT-In as System Audit
Organization – current status (Enclose
Empanelment details)
Empanelment valid from :- Empanelment valid up to :-
Whether submitting the Bid as a part of any
consortium (Yes/No)
Authorized Signatory with Seal
Date: Place:
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
20
ANNEXURE –III (TECHNICAL BID) :- DECLARATIONS BY BIDDER
DESRCRIPTION DETAILS
Bidder warrants financial solvency i.e.
ability to meet all debts as and when they fall
due Insolvent/Bankruptcy
(substantiate)
Bidder confirms that it has not been
blacklisted by any Govt. Department
/PSU/PSE or Banks or the bidder/firm is
otherwise not involved in any such
incident with any concern whatsoever
(substantiate)
Authorized Signatory with Seal
Date: Place:
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
21
ANNEXURE –IV (TECHNICAL BID) :- EXPERTISE & EXPERIENCE
RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dated: 08.09.2018
DESRCRIPTION DETAILS
Details of the Assignments where the
bidder has performed System Audit of
Payment System of Scheduled Commercial
Banks or any Financial Institution in India
during last four years (2015, 2016, 2017,
2018)
Tools used for System Audit
Methodology adopted for System Audit
Bidder’s experience & Expertise in
System Audit of Payment System in any Bank or
any financial institution.
(Enclose Relevant documents)
Authorized Signatory with Seal
Date: Place:
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
22
Annexure V :-( Technical Bid)
PERFORMANCE STATEMENT OF THE BIDDER
RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dated: 08.09.2018
DESRCRIPTION DETAILS
Name of the Bank / organization
Address of the Bank / organization
Project Name(Mention only System Audit of
Payment System related projects in Banks/other
organizations)
Sites covered under the Project
System Audit start date
Current status of the Project
Duration of the Project
Modules covered in System audit
Infrastructure/Facilities covered in System Audit
Contact person details from the Bank 1)Name:-
2) Designation :-
3)Phone No. :-
4)Email Id :-
Names of project staff/ professionals involved
Nature of audit work that was outsourced (if any)
Authorized Signatory with Seal
Date: Place:
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
23
Annexure VI :- (Technical Bid) PROFILE OF THE PROPOSED SYSTEMAUDIT TEAM
TO BE ASSIGNED FOR THE PROJECT
RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dt. 08.09.2018
S.
N.
NAM
E
DESIG. PART
TIME
/
FULL
TIME
ROLE IN IS
AUDIT
(TASK/
MODULE)
PROFESSIONAL
QUALIFICATION
YEARS
OF IS
AUDIT
EXP.
1
2
3
4
5
6
7
8
9
1
0
Authorized Signatory with Seal
Date: Place:
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
24
PARTICULARS BASE AMOUNT (IN RS)
INCLUDING ALL TAXES AS
PER THE
CURRENT RATE
EXCLUDING GST
(A)
GST AS PER THE CURRENT
RATE APPLICABLE
(B)
TOTAL
AMOUNT
(A+B=C)
Cost of System Audit as
per the scope of work
defined in the RFP (Inclusive
of all fees & expenses)
TOTAL COST OF IS AUDIT
Annexure VII :- (Commercial bid) FORMAT FOR COMMERCIAL BID
RFP Ref. No: PSB/HOIT/RFP/121/2018-19 Dated: 08.09.2018
(Total Base Amount (As per column A) in Words: - Rupees )
Authorized Signatory with Seal
Date: Place:
Note:-
The Commercial Bid should contain the Total Project cost, on a
fixed cost Basis. Punjab & Sind will neither provide nor reimburse any expenditure towards
any type of Accommodation, Travel Ticket, Airfares, Train fares, Halting expenses, Transport,
Lodging , Boarding etc.
The prices quoted above should be inclusive of all taxes & Duties as applicable except
GST. The commercial bid will be evaluated based on column (A) i.e. Base Amount including all
taxes as per the current rate excluding GST.
GST should be mentioned in the separate column as provided in the format
Providing commercial bid other than this format may lead to rejection of the bid.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
25
Annexure VIII :- (Technical Bid) RFP REF No:- PSB/HOIT/RFP/121/2018-19 Dt. 08.09.2018
BID FORM
To Date:
PUNJAB & SIND BANK, H.O. IT Department,
2nd floor, Bank House,
21, Rajendra Place, New Delhi – 110008 Having examined the RFP including all Annexures, the receipt of which is hereby duly
acknowledged, we the undersigned, offer to provide System Audit services in conformity
with the said RFP in accordance with the Price Composition indicated in the Commercial Bid
and made part of the Bid.
We undertake, if our bid is accepted, to deliver the services in accordance with the delivery
schedule specified in Annexure A. We agree to abide by this bid for the period of 180 days from the last date of submission of the bid
and it shall remain binding upon us and may be extended at any time before the expiration of that
period.
We undertake that, in competing for (and, if the award is made to us, in executing)
the above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act 1988”. We understand that the Bank is not bound to accept the lowest of any bid the
Bank may receive. Dated this day of 20 .
(Signature) (In the Capacity of) Duly authorized to sign bid for and on behalf of
(Name & Address of Bidder)
Business Address
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
26
Annexure IX :- (Technical Bid) BID SECURITY FORM
(SAMPLE FORMAT OF BANK GUARANTEE (BG) FOR BID SECURITY)
(ON A NON-JUDICIAL STAMP PAPER OF RS. 100.00)
TO:
PUNJAB & SIND BANK, H.O. IT Department,
2nd floor, Bank House,
21, Rajendra Place, New Delhi – 110008
WHEREAS
________(hereinafter called “the Bidder”) has submitted its bid dated ________(date of submission
of bid) for providing services of System Audit ) (hereinafter called “the_______________( name
and/or description of goods/Services Bid”).
KNOW ALL PEOPLE by these presents that WE ( name of bank) of (name of country)
having our registered office at __________(address of bank) (hereinafter called “the Bank”) are
bound unto PUNJAB & SIND BANK (hereinafter called “the Purchaser”) in the sum of _________for
which payment well and truly to be made to the said Purchaser, the Bank binds itself, its
successors and assigns by these presents. Sealed with the common seal of the said Bank this day
of ______, 20 .
THE CONDITONS of this obligation are:
If the Bidder withdraws its Bid during the period of bid validity specified by the
Bidder on the Bid Form; or
If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the period
of bid validity fails or refuses to execute the Contract Form if required;
We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand,
without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser
will note that the amount claimed by it is due to it owing to the occurrence of one or both of the
two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to the last date of submission of the bid i.e.
, and any demand in respect thereof should reach the Bank not later than the above date.
Place:
SEAL Code No. SIGNATURE
NOTE: 1 BIDDER SHOULD ENSURE THAT THE SEAL & CODENO. OF THE SIGNATORY IS
PUT BY THE BANKERS, BEFORE SUBMISSION OF BG.
2 STAMP PAPER IS REQUIRED FOR THE BG ISSUED BY THE BANKS LOCATED IN
INDIA.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
27
Annexure X: - PERFORMANCE SECURITY FORM
(SAMPLE FORMAT OF BANK GUARANTEE (BG) FOR EMPANELMENT SECURITY)
(ON A NON-JUDICIAL STAMP PAPER OF RS. 100.00)
TO:
PUNJAB & SIND BANK,
H.O. IT Department,
2nd floor, Bank House,
21, Rajendra Place, New
Delhi – 110008
WHEREAS (hereinafter called “the Bidder”) has submitted
its bid dated (date of submission of bid ) for providing services of IS
Audit
called “the Bid”).
( name and/or description of goods ) (hereinafter
KNOW ALL PEOPLE by these presents that WE ( name of bank ) of
(name of country) having our registered office at
(address of bank) (hereinafter called “the Bank”) are bound unto PUNJAB & SIND
BANK (hereinafter called “the Purchaser”) in the sum of for which
payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors and
assigns by these presents. Sealed with the common seal of the said Bank this day of
, 20 . THE CONDITONS of this obligation are:
1. If the Bidder, having been notified as selected for providing SYSTEM AUDIT to the Purchaser,
during the period of contract fails to perform obligations as bidder and/or does not fulfill the requirements
as specified in the contract up to the desired level. We undertake to pay the Purchaser up to the above amount upon receipt of its first written
demand, without the Purchaser having to substantiate its demand, provided that in its demand
the Purchaser will note that the amount claimed by it is due to it owing to the occurrence of
one or both of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain valid for a period of 12 months from the date of signing
of the contract i.e. from to , and any demand in respect thereof
should reach the Bank not later than the above date. Place:
SEAL Code No. SIGNATURE
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
28
NOTE: 1. THE BIDDER SHOULD ENSURE THAT THE SEAL & CODENO. OF THE SIGNATORY
IS PUT BY THE BANKERS, BEFORE SUBMISSION OF BG. 2. STAMP PAPER IS REQUIRED FOR THE BG ISSUED BY THE BANKS LOCATED IN
INDIA.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
29
Annexure XI: - CONTRACT FORM (SAMPLE)
(Non-Judicial Stamp Paper of appropriate value)
RFP REF. NO.
CONTRACT NUMBER:
THIS AGREEMENT made the day of , 20 Between PUNJAB
& SIND BANK (hereinafter “the Purchaser”) of one part and (Name
of
Selected Bidder) of (City and Country of Bidder) (hereinafter “the Bidder”)
of the other part:
WHEREAS the Purchaser is desirous that certain services should be provided by
the Bidder, viz. (Brief description of Services)
and has accepted a bid by the Bidder for supply of services to meet its requirement from time
to time.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz. : (a) RFP No. PSB/HOIT/RFP/121/2018-19 dated 08.09.2018 and all its addendums/modifications.
(b) The Bid form and price schedule submitted by the bidder.
(c) the Scope of works, deliverables
(d) all terms & conditions as per RFP, Annexure-A
3. In consideration of the payments to be made by the Purchaser to the Bidder in terms of Purchase
Order for system AUDIT services placed by Head Office of the Purchaser, the bidder hereby
covenants with the Purchaser to provide the services therein in conformity in all respects
with the provisions of the contract.
4. The Purchaser hereby covenants to pay the bidder in consideration of the provision of services
, the Purchase order Price or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
30
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their respective laws the day and year first above written. Signed, sealed and Delivered by the Said (For the Bidder) in presence of
Signed, sealed and Delivered by the Said (For the Purchaser)
in presence of
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
31
Annexure XII (Technical Bid)
LETTER OF CONFIRMATION
The Asstt. General Manager,
PUNJAB & SIND BANK,
H.O. IT Department, 2nd floor, Bank House,
21, Rajendra Place, New Delhi – 110008
Dear Sir,
We confirm that we will abide by the Terms & Conditions mentioned in the Tender Document
(RFP and annexure) in full. We shall observe confidentiality of all the information passed on
to us in course of the System Audit process and shall not use the information for any other purpose
than the current tender.
We confirm that we have not been blacklisted by any Govt. Department /PSU / PSE or Banks or
otherwise not involved in any such incident with any concern whatsoever, where the job
undertaken / performed and conduct has been questioned by any authority, which may lead to
legal action.
We also confirm that we are not a bidder /consultant to the bank involved in either
supply/installation of Hardware/Software, implementation of Security/Network
Infrastructure of the Bank or providing services excluding System Audit services, in the past
three years directly or indirectly through a consortium.
Place : Date:
(Authorized Signatory)
SEAL
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
32
ANNEXURE XIII
Format of Non - Disclosure Agreement (NDA)
This Agreement made at ____, on this day of 2018.
BETWEEN
_____________a company incorporated under the Companies Act, 1956 having its registered office
at (hereinafter referred to as “ ” which expression unless repugnant to the context or meaning
thereof be deemed to include its successors and assigns) of the ONE PART;
AND
_______________, a body corporate constituted under _____________________ and having its
registered Office at _________________ (hereinafter referred to as “ ” which expression unless
repugnant to the context or meaning thereof be deemed to include its successors and assigns) of the
OTHER PART
And “ ” are hereinafter individually referred to as party and collectively referred to as “the Parties”.
Either of the parties which discloses or receives the confidential information is respectively referred
to herein as Disclosing Party and Receiving Party.
WHEREAS:
The Parties intend to engage in discussions and negotiations concerning the establishment of a
business relationship between them. In the course of such discussions and negotiations, it is
anticipated that both the parties may disclose or deliver to either of the Parties certain or some of its
trade secrets or confidential or proprietary information, for the purpose of enabling the other party to
evaluate the feasibility of such business relationship (hereinafter referred to as “the Purpose”).
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY
AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. Confidential Information: “Confidential Information” means all information disclosed/ furnished
by either of the parties to another Party in connection with the business transacted/to be transacted
between the Parties and/or in the course of discussions and negotiations between them in
connection with the Purpose. Confidential Information shall include customer data, any copy,
abstract, extract, sample, note or module thereof.
Either of the Parties may use the Confidential Information solely for and in connection with the
Purpose. Notwithstanding the foregoing, “Confidential Information” shall not include any
information which the Receiving Party can show: (a) is now or subsequently becomes legally and
publicly available without breach of this Agreement by the Receiving Party, (b) was rightfully in
the possession of the Receiving Party without any obligation of confidentiality prior to receiving it
from the Disclosing Party, (c) was rightfully obtained by the Receiving Party from a source other
than the Disclosing Party without any obligation of confidentiality, or (d) was developed by or for
the Receiving Party independently and without reference to any Confidential Information and
such independent development can be shown by documentary evidence.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
33
2. Non-disclosure: The Receiving Party shall not commercially use or disclose any Confidential
Information or any materials derived there from to any other person or entity other than persons
in the direct employment of the Receiving Party who have a need to have access to and
knowledge of the Confidential Information solely for the Purpose authorized above. The
Receiving Party may disclose Confidential Information to consultants only if the consultant has
executed a Nondisclosure Agreement with the Receiving Party that contains terms and conditions
that are no less restrictive than these. The Receiving Party shall take appropriate measures by
instruction and written agreement prior to disclosure to such employees to assure against
unauthorized use or disclosure. The Receiving Party agrees to notify the Disclosing Party
immediately if it learns of any use or disclosure of the Disclosing Party’s Confidential
Information in violation of the terms of this Agreement. Further, any breach of nondisclosure
obligations by such employees or consultants shall be deemed to be a breach of this Agreement
by the Receiving Party and the Receiving Party shall be accordingly liable therefore.
Provided that the Receiving Party may disclose Confidential information to a court or
governmental agency pursuant to an order of such court or governmental agency as so required by
such order, provided that the Receiving Party shall, unless prohibited by law or regulation,
promptly notify the Disclosing Party of such order and afford the Disclosing Party the opportunity
to seek appropriate protective order relating to such disclosure.
3. Publications: Neither Party shall make news releases, public announcements, give interviews,
issue or publish advertisements or publicize in any other manner whatsoever in connection with
this Agreement, the contents / provisions thereof, other information relating to this Agreement,
the Purpose, the Confidential Information or other matter of this Agreement, without the prior
written approval of the other Party.
4. Term: This Agreement shall be effective from the date hereof and shall continue till
establishment of business relationship between the Parties and execution of definitive agreements
thereafter. Upon expiration or termination as contemplated herein the Receiving Party shall
immediately cease any and all disclosures or uses of Confidential Information; and at the request
of the Disclosing Party, the Receiving Party shall promptly return or destroy all written, graphic
or other tangible forms of the Confidential Information and all copies, abstracts, extracts,
samples, notes or modules thereof. Notwithstanding anything to the contrary contained herein the
confidential information shall continue to remain confidential until it reaches the public domain
in the normal course.
5. Title and Proprietary Rights: Notwithstanding the disclosure of any Confidential Information
by the Disclosing Party to the Receiving Party, the Disclosing Party shall retain title and all
intellectual property and proprietary rights in the Confidential Information. No license under any
trademark, patent or copyright, or application for same which are now or thereafter may be
obtained by such Party is either granted or implied by the conveying of Confidential Information.
The Receiving Party shall not conceal, alter, obliterate, mutilate, deface or otherwise interfere
with any trademark, trademark notice, copyright notice, confidentiality notice or any notice of
any other proprietary right of the Disclosing Party on any copy of the Confidential Information,
and shall reproduce any such mark or notice on all copies of such Confidential Information.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
34
Likewise, the Receiving Party shall not add or emboss its own or any other any mark, symbol or
logo on such Confidential Information.
6. Return of Confidential Information: Upon written demand of the Disclosing Party, the Receiving
Party shall (i) cease using the Confidential Information, (ii) return the Confidential Information
and all copies, abstract, extracts, samples, notes or modules thereof to the Disclosing Party within
seven (7) days after receipt of notice, and (iii) upon request of the Disclosing Party, confirm in
writing that the Receiving Party has complied with the obligations set forth in this paragraph.
This obligation shall be subject to the exception under clause 4.
7. Remedies: The Receiving Party acknowledges that if the Receiving Party fails to comply with
any of its obligations hereunder, the Disclosing Party may suffer immediate, irreparable harm
for which monetary damages may not be adequate. The Receiving Party agrees that, in addition
to all other remedies provided at law or in equity, the Disclosing Party shall be entitled to
injunctive relief hereunder.
8. Entire Agreement, Amendment, and Assignment: This Agreement constitutes the entire
agreement between the parties relating to the matters discussed herein and supersedes any and
all prior oral discussions and/or written correspondence or agreements between the parties. This
Agreement may be amended or modified only with the mutual written consent of the parties.
Neither this Agreement nor any right granted hereunder shall be assignable or otherwise
transferable.
9. Governing Law and Jurisdiction: The provisions of this Agreement shall be governed by the
laws of India. The disputes, if any, arising out of this Agreement shall be submitted to the
jurisdiction of the courts/tribunals in New Delhi.
10. General: The Receiving Party shall not reverse engineer, decompile, disassemble or otherwise
interfere with any software disclosed hereunder. All Confidential Information is provided “as
is”. In no event shall the Disclosing Party be liable for the inaccuracy or incompleteness of the
Confidential Information. None of the Confidential Information disclosed by the parties
constitutes any representation, warranty, assurance, guarantee or inducement by either party to
the other with respect to the fitness of such Confidential Information for any particular purpose
or infringement of trademarks, patents, copyrights or any right of third persons.
11. Indemnity: The receiving party should indemnify and keep indemnified, saved, defended,
harmless against any loss, damage, costs etc . incurred and / or suffered by the disclosing party
arising out of breach of confidentiality obligations under this agreement by the receiving party
etc., officers, employees, agents or consultants.
IN WITNESS WHEREOF, the Parties hereto have executed these presents the day, month and year
first hereinabove written.For and on behalf of
For and on behalf of
Bidder/Vendor Punjab And Sind Bank
Name of Authorized signatory: Name of Authorized signatory:
Designation: Designation
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
35
ANNEXURE XIV
PRE-CONTRACT INTEGRITY PACT
(To be stamped in accordance with the stamp act)
PRE CONTRACT INTEGRITY PACT
General
This pre-bid pre contract Agreement (hereinafter called the integrity pact is made on
day of the month of 201__, between, on one hand, Punjab and Sind Bank, acting through
Shri , _, Punjab and Sind Bank, Government of India
Undertaking (hereinafter called the “BUYER” which expression shall mean and include, unless the
context otherwise requires, his successors in office and assigns) of the first part and M/s
represented by Shri , authorized signatory of M/s -------------(hereinafter called the
“BIDDER/SELLER” which expression shall mean and include, unless the context otherwise requires , his
successors and permitted assigns )of the second part .
WHEREAS the BUYER proposes to procure (Name of the Store /Equipment /item and the BIDDER
/SELLER is willing to offer /has offered the store and
WHEREAS the BIDDER is a private company/public company/Government /undertaking/partnership/
registered export agency ,constituted in accordance with the relevant law in the matter and the BUYER is
a Government of India, PSU Bank.
Now, THEREFORE,
To avoid all forms of corruption by following a system that is fair , transparent and free from any
influence /prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered
into with a view to:-
Enabling the BUYER to obtain the desired said store/equipment at a competitive price in conformity with
the defined specifications by avoiding the high cost and the distortionary impact of corruption on public
procurement, and
Enabling the BIDDERS to abstain from bribing or indulging in any corrupt practice in order to
secure the contract by providing assurance to them that their competitors will also abstain from bribing
and other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its
officials by following transparent procedures .
The parties hereby agree to enter into this integrity pact and agree as follows:-
1. Commitments of the BUYER
1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the
contract, will demand, take a promise for or accept directly or accept, directly or through intermediaries,
any bribe, consideration, gift, reward favor or any material or immaterial benefit or any other advantage
from the BIDDER, either for themselves or for any person, organization or third party related to the
contract in exchange for an advantage in the bidding process, bid evaluation contracting or
implementation process related to the contract.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
36
1.2 The BUYER will, during the pre- contract stage treat all BIDDERs alike, and will provide to all
BIDDERs the same information and will not provide any such information to any particular
BIDDER which could afford an advantage to that particular BIDDER in comparison to other
BIDDERs.
1.3 All the officials of the BUYER will report to the appropriate Government office any attempted or
completed breaches of the above commitment as well as any substantial suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official (s) is reported by the
BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct
by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit including
criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further
dealings related to the contract process. In such a case while an enquiry is being conducted by the
BUYER the proceedings under the contract would not be stalled.
3. Commitment of BIDDERS
The BIDDERs commit itself to all take all measures necessary to prevent corrupt practices, unfair means
and illegal activates during any stage of its bid or during any pre-contract or post- contract stage in order
to secure the contract or in furtherance to secure it and in particular commit itself to the following:-
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration,
reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to
any person, organization or third party related to the contract in exchange for any advantage in the
bidding, evaluation contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or
indirectly any bribe, gift, consideration, reward, favor, any material benefit or other advantage
commission fees, brokerage or inducement to any official of the BUYER or otherwise in procuring the
contract forbearing to do or having done any act in relation to the obtaining or execution of the contract
or any other contract with the Government for showing or for bearing to show favor or disfavor to any
person in relation to the contract or any other contract with the Government.
3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian
BIDDERs shall disclose their foreign principals or associates.
3.4 BIDDERs shall disclose the payment to be made by them to agents/brokerage or any other
intermediary, in connection with this bid/contract.
3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original
manufacturer/integrator/authorized Government sponsored export entity of the defense stores and has not
engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way
to recommend to the BUYER or any of its functionaries, whether officially or unofficially to the award of
the contract to the BIDDER, nor has such any amount been paid promised or intended to be paid to any
such Individual, firm or company in respect of any such intercession, facilitation or recommendation.
3.6 The BIDDER, either while presenting the bid or during pre- contract negotiations or before
signing the contract shall disclose any payment he has made, is committed to or intends to make to
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
37
officials of the BUYER or their family members agents, brokers or any other intermediaries in connection
with the contract details or/and the services agreed upon for such payments.
3.7 The bidder will not collude with other parties interested in the contract to impair the transparency,
fairness and progress of the bidding process, bid evaluation contracting and implementation of the
contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on
to other, any information provided by the BUYER as part of the business deal, relationship regarding
plans, technical proposals and business details, including information contained in any electronic data
carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is
divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the action
mentioned above.
3.12 The BIDDER will not, directly or through any other person or firm, offer, promise or give to any
of the Principal’s employees involved in the tender process or the execution of the contract or to any third
person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange
any kind of favour whatsoever during the tender process or during the execution of the contract.
4. Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three year immediately
before signing of this integrity pact, with any other company in any country in respect of any corrupt
practices envisaged hereunder or with any public sector enterprise in India or any government
Department in India that justify BIDDER’S exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be
disqualified from the tender propose or the contract, if already awarded. Can be terminated for such
reason.
5. Earnest money (security deposit )
5.1 While submitting commercial bid, the BIDDER shall deposit an amount_ (as specified
in RFP) as Earnest money/security, with the BUYER through any of the following instruments:-
(i) A confirmed guarantee by an Indian nationalized bank, promising payment of the guaranteed
sum to the BUYER on demand within three working days without any demur whatsoever
and without seeking any reasons whatsoever .the demand for payment by the BUYER
shall be treated as conclusive proof of payment.
(ii) Any other mode or through any other instrument (to be specified in the RFP).
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
38
5.2 The Earnest money / Security deposit shall be valid up to a period of Bid validity plus 45 days or
the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER
and the BUYER, including warranty period, whichever is later.
5.3 In case of the successful BIDDER a clause would also be incorporated in the article pertaining to
performance bond in the purchase contract that the provisions of sanction for violation shall be applicable
for, forfeiture of performance bond in case of a decision by the BUYER to forfeit the same without
assigning any reason for imposing sanction for violation of this pact.
5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money/Security Deposit
for the period of its currency.
6. Sanctions for violations
6.1 Any breach of the aforesaid provisions by the BIDDER or any one Employed by it or acting on
its behalf (whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take
all or any one of the following actions, wherever required:
(i) To immediately call off the pre contract negotiations without assigning any reason or giving
any compensation to the BIDDER. However, the proceeding with the other BIDDER(s)
would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit /Performance
bond (after the contract is signed shall stand forfeited either fully or partially, as decided by the
BUYER and the BUYER shall not be required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any compensation to
the BIDDER.
(iv) To recover all sum already paid by the BUYER, and in case of an Indian BIDDER with
interest thereon at 2% higher than the prevailing prime lending rate of State Bank of India,
while in case of a BIDDER from a country other than India with interest thereon at 2% higher
than the LIBOR . If any outstanding payment is due to the BIDDER from the BUYER in
outstanding payment could also be utilized to recover the aforesaid sum and interest.
(v) To encase the advance bank guarantee and performance bond / warranty bond, if
furnished by the BIDDER in order to recover the payments, already made by the BIDDER,
along with interest.
(vi) To cancel all or any other contracts with the BIDDER, the BIDDER shall be liable to pay
compensation for any loss or damage to the BUYER resulting from such cancellation/
rescission and the BUYER shall be entitled to deduct the amount so payable from the
money (s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the Government of
India for a minimum period of five year, which may be further extended at the discretion of
the Buyer
(viii) To recover all sum paid in violation of this pact by bidder (s) to any middleman or agent or
broker with a view to securing the contract.
(ix) In case where irrevocable letters of credit have been received in respect of any contract
signed by the BUYER with the BIDDER, the same shall not be opened.
(x) Forfeiture of performance bond in case of a decision by the BUYER to forfeit the same
without assigning any reason for imposing sanction for violation of this pact.
6.2 The BUYER will be entitled to take all or any of the actions mentioned at Para 6.1(i) to (x) of this
pact also on the commission by the BIDDER or any one employed by it or acting on its behalf (whether
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
39
with or without the knowledge of the BIDDER), of an offence as defined in chapter IX of the Indian
penal code, 1860 or prevention of corruption.
6.3 The decision of the BUYER to the effect that breach of the provisions of this pact has been
committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can
approach the independent monitor (s) appointed for the purpose of this pact.
7. Fall Clause
The BIDDER undertakes that it shall not supply identical solution(s)(For Department of Information
Technology)/ products/ services (for other departments) in comparable business circumstances at a price
lower than that offered in the present bid in respect of any other Public Sector Bank in India and if it is
found that within one year after the signing of contract that identical solution(s) is supplied by the
BIDDER to any other Public Sector Bank in India at a lower price, with due allowance for elapsed time,
will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to
the BUYER, if the contract has already been concluded.
8. Independent Monitors
8.1 The BUYER has appointed Independent Monitors (here either referred to as Monitors) for this pact
in consolation with the central vigilance commission.
8.2 The task of the Monitors shall be to review Independent and objectively, whether and to what
extent the parties comply with the obligations under this pact.
8.3 The Monitors shall not be subject to instruction by the representatives of the parties and perform
their functions neutrally and independently.
8.4 Both the parties accept that the Monitors have the access all the documents relating to the
project/procurement, including minutes of meeting.
8.5 As soon as the monitor notice, or has reason to believe, a violation of this pact, he will so inform the
Authority designated by the BUYER.
8.6 The BIDDER (s) accepts that the Monitor has the right to access without restriction to all project
documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant
the monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access
to his project documentation. The same is applicable to subcontractors. The monitor shall be under
contractual obligation to treat the information and documents of the BIDDER/subcontractor(s) with
confidentiality.
8.7 The BIDDER will provide to the Monitor sufficient information about all meetings among the
parties related to the project provided such meetings could have an impact on the contractual relations
between the parties the parties will offer to the monitor the option to participate in such meetings.
8.8 The monitor will submit a written report to the designated Authority of BUYER / Secretary in
the Department/ within 8 to 10 weeks from the date of reference or intimation to him by the BUYER /
BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.
SYTEM AUDIT REPORT OF STORAGE OF PAYMENT SYSTEM DATA
40
9. Facilitation of Investigation
In case of any allegation of violation of any provision of this pact or payment of commission, the BUYER
or its agencies shall be entitled to examine all the documents including the Books of Accounts of the
BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend
all possible help for the purpose of such examination.
10. Law and place of jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the
BUYER.
11. Other Legal Actions
The actions stipulated in this Integrity pact are without prejudice to any other legal action that may follow
in accordance with provisions of the extent law in force relating to any civil or criminal proceedings.
12. Validity
12.1 The validity of this Integrity Pact shall be from date of this signing and extend up to 5 years or
the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/SELLER,
including warranty period, whichever is later, In case BIDDER is unsuccessful, this Integrity Pact shall
expire after six months from the date of the signing of the contract.
12.2 Should one or several provisions of this Pact turn out to be invalid, the reminder of this Pact shall
remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
13. The BIDDER undertakes that he shall not approach the Court while representing the matter to External
Independent Monitors (IEMs) and he will await their decision in the matter within a time ceiling of 90
days.
14. The parties hereby sign this Integrity Pact at _________ on ________
BUYER BIDDER
Name of the Officer Authorized Signatory
Designation
Punjab and Sind Bank
Witness Witness
1. _______________________ 1. ______________________
2. _______________________ 2. ______________________