request for proposal for - bankofindia.co.in 10 rfp fin… · rfp – rate contract for ... a...

REQUEST FOR PROPOSAL

FOR Rate Contract with Vendors for Procurement of “Windows 10 pro

Licenses, Windows 7 Extended Security Updates License, Windows Server Operating System License and Windows 2008/2008 R2 Extended Security Updates Licenses”

Ref :BOI/HO/IT/DB/136 dated 28.05.2020

RFP – Rate Contract for Supply of Windows 10 pro License , Windows 7 Extended Security Updates Licenses, Windows Server OS license and Windows 2008 R2 extended security updates

__________________________________________________________________ Ref : BOI/HO/IT/DB/136 dated 28.05.2020 of 121

INDEX

Part Name Content PageNo

I Bid Invitation 7

Introduction 9

Bidding Documents 13

Preparation of Bids 14

Bid Process 15

Price,Security and Delivery 19

Submission of Bid 23

Evaluation of Bids 25

Award of Contract 27

Miscellanous 29

II - Instructions to Vendor

29

IIITCC & SLA (Annexure 21&22)

Definitions 87

Country of Origin 87

Standards 88

Use of Contract Documents and Information 88

Proposal Ownership 88

Tender/RFP Cancellation 88

Evaluation of Offers 88

Performance Security 89

Inspection and Quality Control Tests 90

Factory Testing 90

Manuals and Drawings 90

NA

Delivery and Documents 91

Road Permit 92

Insurance 92

Transportation 92

Incidental Services 92

Spare Parts 93

Warranty 93

Maintenance Service: 94

Acceptance Procedure 96

Payment 96

Prices 97

Order Splitting

Contract Amendments 98

Subcontracts 98



Delays in the Supplier’s Performance 98

Liquidated Damages 99

Fraud and Corrupt Practices 99

Termination for Default 100

Force Majeure 101

Termination for Insolvency 101

Termination for Convenience 101

Cancellation of contract and compensation: 102

Resolution of Disputes 102

Governing Language 103

Applicable Law 103

Notices 103

Taxes and Duties 104

Supplier Integrity 104

Supplier’s obligations 104

Patent Rights 105

Site preparation and installation: 105

NA

Training 105

Technical Documentation 105

Right to use defective equipment 106

Standards 106

Bank’s Right to reject any or All Bids 106

Contract Agreement 106

No legal relationship 106

Complaince with law 106

Violation of Terms 107

Confidentiality of RFP 107

Confidentiality Undertaking 108

Know Your Employee (KYE) clause 109

Minimum Wages 109

Review of Contract and performance 109

Bank/RBI’s Right of Periodic Audit 109

Indemnity 111

IV Technical Specifications

33

V Qualification Requirements

34

VI Bid Forms and Other Formats

37



Introduction and Disclaimer

The RFP document is not a recommendation, offer or invitation to enter into a contract, agreement or any other arrangement in respect of the services. The provision of the services is subject to observance of selection process and appropriate documentation being agreed between the Bank and any successful bidder as identified by the Bank after completion of the selection process.

The information contained in this Request for Proposal (RFP) document or information provided subsequently to bidder(s) or applicants whether verbally or in documentary form by or on behalf of Bank of India (Bank), is provided to the bidder(s) on the terms and conditions set out in this RFP document and all other terms and conditions subject to which such information is provided.

This RFP is neither an agreement nor an offer and is only an invitation by Bank to the interested parties for submission of bids. The purpose of this RFP is to provide the bidder(s) with information to assist the formulation of their proposals. This RFP does not claim to contain all the information each bidder may require. Each bidder should conduct its own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP and where necessary obtain independent advice. Bank makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFP. Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP.

Subject to any law to the contrary, and to the maximum extent permitted by law, Bank and its directors, officers, employees, contractors, representatives, agents, and advisers disclaim all liability from any loss, claim, expense (including, without limitation, any legal fees, costs, charges, demands, actions, liabilities expenses or disbursements incurred therein or incidental thereto) or damage (whether foreseeable or not) (“Losses”) suffered by any person acting on or refraining from acting because of any presumptions or information (whether oral or written and whether express or implied), including forecasts, statements, estimates, or projections contained in this RFP document or conduct ancillary to it whether or not the Losses arises in connection with any ignorance, negligence, casualness, disregard, omission, default, lack of care, immature information, falsification or misrepresentation on the part of Bank or any of its directors, officers, employees, contractors, representatives, agents, or advisers.



Information Provided

The RFP document contains statements derived from information that is believed to

be true and reliable at the date obtained but does not purport to provide all of the

information that may be necessary or desirable to enable an intending contracting

party to determine whether or not to enter into a contract or arrangement with Bank in

relation to the provision of services. Neither Bank nor any of its directors, officers,

employees, agents, representative, contractors, or advisers gives any representation

or warranty (whether oral or written), express or implied as to the accuracy, updating

or completeness of any writings, information or statement given or made in this RFP

document. Neither Bank nor any of its directors, officers, employees, agents,

representative, contractors, or advisers has carried out or will carry out an independent

audit or verification or investigation or due diligence exercise in relation to the contents

of any part of the RFP document.



PART - I: BID INVITATION

PRE-QUALIFICATION BID INVITATION

1. BANK OF INDIA wishes to empanel vendors,having country wide presence on

rate contract basis for supply of Windows 10 Pro License , Windows 7 Extended Secuirity Updates ,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”accordingly, invites sealed Pre-Qualification Bids from eligible Bidders FOR SUPPLY OF WINDOWS 10 PRO LICENSE ,WINDOWS 7 EXTENDED SECURITY UPDATES LICENSES,WINDOWS SERVER OPERATING SYSTEM LICENSE AND WINDOWS 2008/2008 R2 EXTENDED SECURITY UPDATES as mentioned in part IV at Head Office / Zonal Offices / Branches / Training Centers of the Bank across India.The Rate Contract will be valid for a period of three (3) Year.

2. The eligibility criteria are detailed in Part V of the Bid document. The bidder shall strictly comply with all the qualification criteria. 3. A complete set of bidding documents may be purchased by any interested

eligible Bidder from the above office upon payment of a non-refundable fee as indicated below, in the form of a Demand Draft /Banker’s cheque in favour of Bank of India, payable at Mumbai. Same is available on the Bank’s website and can be downloaded from the website. In case the bid document is downloaded from the website, the price of bidding document will have to be deposited by means of Demand Draft / Banker’s Cheque / Pay Slip in favour of Bank of India payable at Mumbai at the time of submission of the bid.

4. The Bidding document may be obtained from and the bid should be submitted

to the office of Bank of India, Head office, Information Technology Department, Star House-II, C-5, “ G ” Block, 8th Floor, Bandra-Kurla Complex, Bandra ( East ) , Mumbai-400 051. (a) Price of Bidding document (Non-Refundable) : Rs. 15,000/- (b) Date of commencement of bid : 29.06.2020 (c) Last date and time for submission of Bids : (d) Opening of the Bids :

28.07.2020; 14.30 hours 28.07.2020 , 15.30 hours

(e) Address for communication : Same as above (para 4)

5. Bank of India reserves the right to accept or reject in part or full any or all the offers without assigning any reasons thereof.



RFP commencement date 29.06.2020

Last date for seeking clarification on this RFP

10.07.2020 up to 5.00 P.M.

Pre bid Query Clarification Meeting 13.07.2020 at 2:30 P.M

Last date and time for Receipt Of Bidding Document

28-07-2020 by 2.30P.M.

Date and Time of Technical Bid Opening 28-07-2020 at 3.30 P.M.

Place of opening of Bids

Address for communication

Earnest Money Deposit (EMD)

Bank of India, Information Technology Department, 8th Floor, Star House 2, C-4, G-Block, BandraKurla Complex, Bandra East, Mumbai – 400 051

As Above

Rs. 25 Lakh in the form of Demand Draft /Bank Guarantee in favor of Bank of India, Department of Information Technology payable at Mumbai (issued by a Public Sector/ Private Sector /Scheduled Commercial Bank in India), should be enclosed with Technical Bid.

Cost of RFP( non refundable) Rs. 15,000.00 in the form of Demand Draft in favor of Bank of India, payable at Mumbai. The Demand Draft Should be submitted at the time of bid submission.

Contact to Bidders Interested Bidders may requested to send queries to,

[email protected]

Tel :022-6131 9858

[email protected] Tel: 022-61319862

Interested bidder may send queries to above mentioned email id With Name Company,Contact person name,Mobile no and e-mail id

mailto:[email protected]



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Intentionally



A. Introduction

General

Bank of India, here in after called the ‘Bank’, wishes to obtain rate contract for procuring theWindows 10 Pro License ,Windows 7 Extended Security Updates ,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”as mentioned in Part IV. The software mentioned in Part IV is for the use at Bank’s various branches/offices/departments in India from time to time. This bid is invited for evaluating the financial, business, technical and service-support, soundness/capabilities of bidders with regard to their experience in successful delivery and installation of the software as indicated above, meeting the requirements of the Bank.

1.2 The orders for purchase of license will be placed by our Head Office, as per the price fixed by the rate contract. Payments to be made by the office from where PO has been issued after making necessary adjustments if any.

1.3 Bidder should also advise one common corporate e-mail address for

communication with our Head Office / Zonal Offices / Training Centers. 1.4 The rate contract will be in force initially for a period of three year from the date

of notification of empanelment to the successful Bidder.The Agreement will be valid for the period of three year(s).The Bank may, at its sole discretion, extend the period of the rate contract by mutually acceptable re-negotiation of prices. The Bank reserves the right to scrap the panel at any time, without assigning any reasons therefor. The Bank's decisions in this regard shall be binding and final.

1.5 The Bank will issue a Letter of Intent to the successful vendor(s), but individual

purchase order would be issued by the Bank’s Head Office. 1.6 In particular, in case of bulk purchases exceeding a value as may be decided

by the Bank at its sole discretion, and /or in case of procurements being effected in compliance of guidelines of multi-lateral agencies like the World Bank and/or in case of procurement being effected under National/International Competitive Bidding norms and/or in case of procurements being effected of hardware/software peripherals which, in the opinion of the Bank, are of specialized nature or for the specialized projects in such cases the Bank may initiate a separate open tender/procurement process independent of the said rate contract.



2. Broad Scope of Work:

2.1 The Objective of this RFP is to enter into rate contract with one or more bidders for supply of Licenses of Windows 10 pro License, Windows 7 extended security updates, Windows Server Operating System License and Windows 2008 R2 Extended Security Updates listed in this RFP. This rate contract will be applicable for all the offices of bank across India. The requirement mentioned in the RFP is estimated only and bank will place the purchase order through itsHead Office based on requirement during the validity period.

2.2 The Rate Contract would be for supply of following items:

i) MicrosoftWindows 10 pro OS License for PCs/Laptop(Perpetual)

ii) Microsoft Windows 7 Extended Security Updates Licenses

iii) Microsoft Windows Server 2019 Operating System License(Perpetual)

iv) Microsoft Windows 2008 R2 Extended Security updates Licenses.

2.3 The bidder should be capable of providing the Microsoft products i.e. Windows 7 Extended Security Updates (ESU) , Windows 10 pro License and Windows Server Licensesunder this agreement. The vendor should also be capable of coordinating with Microsoft to ensure all the benefits of ESU for Windows 7 OS and Windows 10 proare provided to the bank.The bidder should ensure that Windows10 Pro License shall not expire or be revoked . The perpetual license Contract and ESU Contract shall be issued in the name of Bank of India, the Bank should have authority to avail the services directly from OEM in case of any contract change with finalized service provider.The perpetual licenses should not be revoked in any of the circumstances.The bidder shall undergo separate contract with Bank of India for fulfilling the scope as per the RFP terms and conditions.The perpetual license Contract and ESU Contract shall be issued in the name of Bank of India, the Bank should have authority to avail the services directly from OEM in case of any contract change with finalized service provider. 2.4 The bidder(s) will provide the license to meet the RFP requirement.If any

purchase order placed by the Bank is not executed by the empanelled vendor then the penalty of 5 % order value will be deducted from any of the previous payments due to the empanelled vendor.

2.5 The bidder(s) will undertake to ensure availability of offered licensed items



during the rate contract period.

2.6 The bidder(s) has to submit an undertaking (format enclosed in the annexure 16) along with the delivered items, signed by the officials not lower than the company secretary of the system OEM, certifying that all the proposed license like Windows 10 Pro License ,Windows OS license andWindows 7 extended security updatesthat noduplicate have been used or would be used.

2.7 Bank reserves the right to invite tender/quotation for any other items (other than

those mentioned in this RFP) such as servers or any other project, from the list

of vendors who shall get empaneled as per this RFP.

2.8 The selected Bidder should provide online/telephonic support for installation

tasks in coordination with the Head Office/Zonal IT Department of the

respective Zone under whose jurisdiction the supply location falls. During the

transition, Service Provider shall also support the Bank on technical

queries/support on process implementation or in case of software provision for

future upgrades.

2.9 In case of software supplied,the Bidder should ensure that the same is licensed

and legally obtained with valid documentation made available to the Bank. The

bidder shall procure in the name of the Bank any software license for the Bank.

2.10 The Bidder shall procure and provide a non-exclusive, non-transferable, perpetual and irrevocable (provided that the license shall be revocable only in the event of established and proven infringement of the intellectual property rights of the Software by the bank) license to the Bank Software to be provided as a part of the Project ( Extended Security Updates being provided for a period of 2 year for Windows 7, they cannot be considered as a perpetual license).The

perpetual licenses should not be revoked in any of the circumstances.The perpetual license Contract and ESU Contract shall be issued in the name of Bank of India, the Bank should have authority to avail the services directly from OEM in case of any contract change with finalised service provider.

3. Eligible Bidders 3.1 All bidders who qualify for the bidding process including Government-owned

enterprises in India may participate only if they are legally and financially autonomous and if they operate under commercial law.

Detailed qualification requirement has been provided in part V 3.2 Bidders should have not been blacklisted by any of the Government authority,

RBI or Public Sector Undertaking (PSUs) due to lack of support/services, poor hardware quality and malpractices. Bidder shall give an undertaking, on their



letter head that they have not been blacklisted by any of the Government Authority,RBI or PSUs or PSBs as on date of submission of Tender, otherwise the bids will not be considered..

B. Bidding Documents 4. Cost of Bidding 4.1 The Bidder shall bear all costs associated with the preparation and submission

of its Bid, and the Bank will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the Bidding process.

5. Content of Bidding Documents 5.1 The required goods, bidding procedures, and contract terms are prescribed in the Bidding Documents. In addition to the Bid Invitation, the Bidding Documents include:

(a) Instructions for Bidders (IFB) – Part II (b) Terms & Conditions of Contract (TCC) – Part III(annexure-21) (c) Broad Technical Specifications – Part IV (d) Qualification Requirements – Part V (e) Bid Form and other Formats and Annexures – Part VI (f) Service Level Agreement-Annexure 22

5.2 The Bidder is expected to examine all instructions, forms, terms and

specifications in the Bidding Document. Failure to furnish all information required by the Bidding Document or to submit a Bid not substantially responsive to the Bidding Document in every respect will be at the Bidder’s risk and may result in the rejection of its Bid.

6. Clarification of Bidding Document 6.1 A prospective Bidder requiring any clarification of the Bidding Document may

notify the Bank in writing at the address indicated in Bid Invitation. The Bank will respond in writing to any request for clarification of the Bidding Document, which it receives within the timeline specified above i.e. 10.07.2020. Such question/query will be compiled and clarified during Pre Bid meeting and summary will be put up on website.

7. For Respondent Only

The RFP document is intended solely for the information of the party to whom it is issued (“the Recipient” or “the Respondent”)



8. Recipient Obligation to Inform Itself

The Recipient must apply its own care and conduct its own investigation and analysis regarding any information contained in the RFP document and the meaning and impact of that information

9. Amendment of Bidding Document 9.1 At any time prior to the deadline for submission of Bids, the Bank, for any

reason, whether, at its own initiative or in response to a clarification requested by a prospective Bidder, may modify the Bidding Document, by amendment/corrigendum.

9.2 Text of queries raised (without identifying source of query) and response of the

Bank together with amendment to the bidding document, if any will be posted

on Bank’s website. No individual clarification will be sent to the bidders. It is

the responsibility of the bidder to check the website before final submission of

bids

9.3 It is clarified that those clauses pertaining to which queries raised, amendments

/ clarifications sought, relaxations requested by the Bidders which are not

covered / contained in the Corrigendum are the clauses that will remain

unchanged.

9.4 In order to allow prospective Bidders reasonable time in which to take the

amendment into account in preparing their Bids, the Bank, at its discretion, may extend the deadline for the submission of Bids

C. Preparation of Bids 10. Language of Bid 10.1 The Bid prepared by the Bidder, as well as all correspondence and documents

relating to the Bid exchanged by the Bidder and the Bank and supporting documents and printed literature shall be written in English.

11. Documents Comprising the Bid 11.1 The Bid prepared by the Bidder shall comprise all the formats.

(a) Bid application (b) Documentary evidence establishing that the Bidder is eligible to Bid and

is qualified to be empanelled. (c) Documentary evidence establishing that the goods and ancillary



services to be supplied by the Bidder are eligible goods and services and conform to the Bidding Document;

Technical Proposal Envelope, should contain the documents as mentioned in Part II “Instructions to theBidder”

The Technical Proposal should NOT contain any price information.

Such proposal, if received, will be rejected.

11.2 The Indicative Price Proposal Envelope, should contain a single sheet

as per Annexure 3 on the Bidder’s letter head. The Total cost should be inclusive of Excise Duty and all other charges but exclusive of sales tax, VAT, service tax, GST and local taxes.Octroi or entry-tax alone, if applicable shall be reimbursed extra at actual, against proof of payment in original by the supplier The Indicative Price must include all the price components mentioned in Annexure-19

Both Technical and price proposal should be sealed in separate envelope and put in the common envelope addressed to Bank of India at the address mentioned above , bearing the name

“Bank of India Rate Contract for Procurement of Windows 10 pro Licenses ,Windows 7 Extended Security Updates Licenses,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”

11.3 If the outer envelope is not sealed and marked, the Bank will assume no

responsibility for the Bid’s misplacement or its premature opening. 12. Costs Borne by Respondents

All costs and expenses incurred by Recipients / Respondents in any way associated with the development, preparation, and submission of responses, including but not limited to attendance at meetings, discussions, demonstrations, etc. and providing any additional information required by Bank of India, will be borne entirely and exclusively by the Recipient / Respondent.

13. Bid Form 13.1 The Bidder shall complete the Bid Form in all respects. The Bidder shall complete both the Envelopes of the Bid Form furnished in the Bidding Document separately and submit them simultaneously to the Bank. Bids are liable to be rejected if only one (i.e. Technical Bid or Indicative Price Bid) is received. D. Bid Process



14. Two Part Offer

14.1 For the purpose of the present RFP, a two-stage bidding process i.e. technical and commercial (through reverse auction) will be followed. The response to the present RFP will be submitted in two parts, Technical Bid containing the General Terms and Conditions including Compliance to Technical Specifications and Commercial Bid containing the Indicative Commercial Bid. The bidder will have to submit the Technical Bid and Indicative Commercial Bid Portion of the Bids separately in sealed envelopes, duly super scribing “TENDER Empanelment of vendors For Supply, Installation and Commissioning of Computer Systems, Peripherals and System/Off-the-shelf Software under Rate contract”

14.2 TECHNICAL BID will also contain the Bidders information in the format as given in bid document. TECHNICAL BID will NOT contain any pricing or commercial information at all.

14.3 In the first stage, only TECHNICAL BID will be opened and evaluated. Those bidders satisfying the eligibility criteria and the technical requirements as determined by the Bank and accepting the terms and conditions of this document shall be short-listed.

14.4 After completion of above evaluation, the INDICATIVE COMMERCIAL BID of only those bidders, whose bids will be found responsive, will be opened.

14.5 The bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person duly authorized to bind the bidder to the contract. The authorization shall be indicated by written power of attorney accompanying the Bid. All pages of the bid except un-amended printed literature shall be initialed by the person or persons signing the Bid

14.6 The bid shall contain no interlineations, erasures or over writing except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the bid. The bidder should quote the price for each item required by the Bank.

14.7 Bidder has to submit the offer for supply all the items mentioned in the RFP and detailed explanation of functioning of Software Solution ,otherwise the technical bid will be rejected.

15. Technical Offer (TO)

15.1 The Technical offer (TO) should be complete in all respects and contain all information asked for in this document. It should not contain any price information. However TO should confirm that all required rates have been



quoted in Indicative Commercial Offer (CO), without showing the actual amounts in the TO.

15.2 It is mandatory to submit the technical details in the prescribed pro-format (Technical Specification Compliance) duly filled in, along with the offer. The Bank, at its discretion, may not evaluate Technical Offer in case of non-submission or partial submission of technical details.

The TO must be submitted in an organized and structured manner.

No brochures/leaflets etc. should be submitted in loose form.

15.3 The TO should comprise of the documents as mentioned above in the clause 9.All the annexures and un-priced bill of material should be submitted duly

signed with seal of the company.

16. Indicative Commercial Offer (CO)

The indicative Commercial Offer (CO) will give all relevant price information and will quote prices only in Indian Rupees. The indicative CO should not contradict the technical offer in any manner. The indicative CO should comprise of Commercial Version of Bill of Material as per Annexure-19. This must contain all price information.

17. Evaluation Process

17.1 Offers will be evaluated against the stipulated minimum eligibility criteria.

Incomplete offers or offers not complying with the eligibility criteria or without Bid security or Document fees will be rejected.

17.2 A technical evaluation will be carried out of proposal of the eligible bidders on the parameters as mentioned in the technical Specification. Bank reserves the right to reject offer in any of the following circumstances:

14.2.1 If offer is incomplete and/or not accompanied by all stipulated documents.

14.2.2 If the offer is not in conformity with the terms and conditions stipulated in this document and letter as per Annexure 13 is not submitted.

14.2.3 If any of the specifications stipulated in Technical Specification Compliance is not met. However, deviations resulting in higher/superior configuration will be accepted.

14.2.4 If the un-priced bill of materials (wherein no prices information to be given) is not submitted.

18. Commercial Evaluation Process through Reverse Auction



For finalization of the most competitive offer, the Bank will conduct „Reverse auction. The detailed procedure and Business rules for the Reverse auction is given as per Annexure-17

18.1 The technically qualified bidders will participate in the Reverse auction process that will be conducted by an Auction company authorized by the Bank. Specific rules for this particular event viz. date and time, start price, bid decrement value, duration of event etc. shall be informed by the Auction Company to the participating bidders before the event. The bidders should furnish indicative prices for the project in their Indicative Commercial Bid to facilitate finalizing the start bid for „Reverse auction'.

18.2 Starting bid of the Reverse Auction will be decided as provided in the Business

rule document (Annexure -17). The L-1 bidder will be decided only later, on finalization of prices through Reverse auction.

18.3 The L-1 bidder emerging at the end of the Reverse Auction process shall be required to submit the break-up of their Final price (last bid price) again as per Annexure-17B. Failure or refusal to offer the services/goods at the price committed through Reverse Auction shall result in forfeit of the EMD with the Bank, which may please be noted.

18.4 The final decision on the bidder will be taken by the Bank. The implementation of the project will commence upon successful negotiation of a contract between Bank and the selected L-1 and/or L2 bidders.

18.5 Bank reserves the right to reject any or all proposals. Similarly, it reserves the right not to include any bidder in the final short-list.

19. Re-auction Rules

Bank may consider the option of a Re-Auction in following circumstances:

19.1 During the process of reverse auctions, if there is either no bids from logged in bidders or only one bidder puts up bid/s, Bank may decide a re-auction by taking fresh Indicative prices from all qualified bidders in sealed cover only, to amend the start price for Re-auction.

19.2 In case the start price for the Reverse Auction event is decided by Bank and there are no bids or only one bid/s by a single bidder in the Reverse Auction, Bank may decide Re-Auction while further amending the start price.

19.3 Reverse auction will be valid only if two or more bidders are participating and putting bids in the reverse auction event.

20. No Commitment to Accept Lowest or Any Tender



The Bank shall be under no obligation to accept the lowest or any other offer received in response to this notice and shall be entitled to reject any or all offers without assigning any reason whatsoever.

E. Price,Security and Delivery 21. Bid Prices

21.1 Prices are to be quoted in Indian Rupees only.

21.2 Prices quoted should be inclusive of Excise Duty and all other charges but exclusive of sales tax, VAT, service tax , GST and local taxes, as also cost of incidental services such as transportation, road permits, insurance etc. Octroi / Entry Tax / payable which will be reimbursed upon production of originalreceipts.

21.3 Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract and shall not be subject to variation on any account, including exchange rate fluctuations, any upward revision in taxes, duties, levies, charges etc. A Bid submitted with an adjustable price quotation will be treated as non-responsive and will be rejected.

21.4 Vendors will get the insurance cover for all risk upto the delivery& installation of the items. The cost of the same will be borne by the vendor. A copy of insurance policy should be provided by the vendor at the time of installation of the hardware.

22. Delivery Schedule and delayed penalties

22.1 Delivery of the Goods shall be made by the Supplier within 2 weeks from the date of purchase Order.

22.2 In the event of the license not being delivered within a period of 2 weeks from date of PurchaseOrder, a penalty of five (5) percent of the total consideration for each week of the delay, subject to maximum amount of ten (10) percent of the total consideration will be charged to vendor.

22.3 This amount of penalty so calculated shall be deducted at the time of making payment after successful installation of license.

22.4 The Bank reserves the right to cancel the contract of the selected Bidder

and recover expenditure incurred by the Bank in the followingcircumstances.



a) The selected Bidder commits a breach of any of the terms and conditions of the tender/contract

b) The selected Bidder becomes insolvent or goes into liquidation

voluntarily or otherwise

c) The progress regarding execution of the contract, made by the selected Bidder is found to be unsatisfactory.

d) If the selected Bidder fails to complete the due performance of the contract in accordance with the agreed terms and conditions

e) Bidder failing to execute the contract document.

22.5 The Bank also reserves the right to cancel the Purchase Order and forfeit

the EMD. In the event of such cancellation, the vendor is not entitled to any compensation. PLEASE NOTE THE DELIVERY SCHEDULE SHALL BE FOLLOWED STRICTLY AS STIPULATED. ANY DELAY SHALL BE VIEWED SERIOUSLY AND PENALTIES LEVIED.

23. Documents Establishing Bidder’s Eligibility and Qualifications 23.1 The Bidder shall furnish, as part of its Bid, documents establishing the Bidder’s

eligibility to Bid and its qualifications to perform the Contract, if its Bid is accepted.

23.2 The documentary evidence of the Bidder’s qual ifications to perform the

Contract if its Bid is accepted shall establish to the Bank’s satisfaction:

a) That the bidder has a permanent office in Mumbai. b) that, in the case of a Bidder offering to supply goods which the Bidder did not

manufacture or otherwise produce, the Bidder has been duly authorized as per authorisation form given in the Bid, by the goods’ Manufacturer or producer to supply the goods in India;

c) That the Bidder has the financial, technical and production/distribution

capability necessary to perform the Contract; d) That the Bidder meets the qualification criteria as required under

Qualification RequirementsPartV and e) That adequate,related software expertise are already available to ensure that

the support services are responsive and the Bidder will assume total responsibility for the fault free operation of Operating System software and maintenance during the warranty period and provide necessaryservices for One Years after the end of warranty period.



f) The Bidder shall submit point by point compliance to the technical

specifications and it should be included in the Bid.

g) Any deviations from specifications should be clearly brought out in the

bid.

h) The Bidder should quote for the entire package on a single

responsibility basis for hardware / software / services it proposes to

supply.

24. Bid Security /EMD

24.1 The bidder shall submit a bid security of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) 24.2 The Bid security is required to protect the Bank against the risk of Supplier’s

conduct, which would warrant the security’s forfeiture. 24.3 Such Bid security may be forfeited:

a) if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Bid Form; or

b) if a Bidder makes any statement or encloses any form which turns out to be

false/incorrect at any time prior to signing of Contract; or c) Refuses to honor the reverse auction price quoted by them. d) Refuses to accept purchase order or having accepted thepurchase order,

fails to carry out their obligations mentionedtherein within the stipulated time

e) in the case of a successful Bidder, if the Bidder fails;

(i) to sign the Contract and / or non-delivery of goods in stipulated time. Or

(ii) to furnish Performance Security if any

24.4 The Bid security/EMD shall be denominated in Indian Rupees and shall be in one of the following forms:

a) A Bank Guarantee issued by a Public Sector/ Private Sector /Scheduled

Commercial Bank in India (other than Bank of India), acceptable to the Bank valid for a period of 180days from the date of Bid Submission.,

OR



b) Banker’s Cheque/Demand Draft, issued by a nationalized /Public Sector Bank in India, drawn in favour of Bank of Indiapayable at Mumbai valid for a period of 180 days

24.5 Any Bid not secured, as above, will be rejected by the Bank, as

nonresponsive.

24.6 The EMD of the unsuccessful Bidders shall be returned within 3 weeks

from the date of bid finalization.

24.7 Bid security(EMD)to successful Bidders will be released after:

a) Completion of rate contract

OR

b) Against submission of Performance BG (other than Bank of India) for Rs. 1 crore, in favour of Bank Of India, issued by a Public Sector/ Private Sector /Scheduled Commercial Bank in India valid for contract period from the date of notification of contract.

24.8 In case of bidders registered with NSIC, they are eligible for waiver of

Earnest Money Deposit (EMD). However, they need to provide valid NSIC

Certificate clearly mentioning that they are registered with NSIC under

single point registration scheme. It is to be noted that if bidder has

successful after tender process, bidder willhave to submit BG of one crore

in favour of Bank of India valid for a period of three year from the date of

contract.

25. Period of Validity of Bids 25.1 RFP responses/Bids shall remain valid for a period of 180 days from the

date of opening of the Bid. A Bid valid for a shorter period may be rejected

by the Bank as non-responsive.

25.2 In exceptional circumstances, the Bank may solicit the Bidders’ consent

to an extension of the period of validity. The request and the responses

thereto shall be made in writing. The EMD provided shall also be suitably

extended. A Bidder may refuse the request without forfeiting its EMD.

25.3 The Bank reserves the right to call for fresh quotes any time during the

validity period, if considered necessary.



25.4 The Rate Contract finalized in terms of this RFP would be valid for a period

of Three Year from the date of finalization of the Rate Contract viz. letter

issued by Bank to vendors advising finalization of Rate Contract with

them. The Rate Contract may be extended for a further period of one year

if the services are found satisfactory. The extension shall be on the same

Terms and Conditions and at the sole discretion of the Bank.

F. Submission of Bid 26. Format and Signing of Bid

26.1 Each bid shall be in two parts:-

Part I- Technical Proposal. (as per clause 3.6.1 above)

Part II- Indicative Price Proposal. (as per Annexure 3 & 19)

The two parts should be in two separate sealed NON-WINDOW

envelopes, each superscribed with “Rate Contract for

Procurement of Windows 10 pro Licenses ,Windows 7

Extended Security UpdatesLicenses,Windows Server

Operating System License and Windows 2008 R2 Extended

Security Updates” as well as“Technical

Proposal”and“Indicative Price Proposal” as the case may be.

26.2 The Bidder shall prepare an original and a CD of the Bid, clearly marking each “ORIGINAL BID” and “CD OF BID”, as appropriate. In the event of any discrepancy between them, the original shall govern.

26.3 The original Bid shall be typed or written in indelible ink and shall be signed by

the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. The person or persons signing the Bids shall initial all pages of the Bids, except for unamended printed literature.

26.4 Any interlineations, erasures, or overwriting shall be valid only if they are

initialed by the person signing the Bids. 26.5 ‘CD OF BID’ should contain scanned copies of all the documents as it submitted &appeared inORIGINAL BID. 27. Sealing and Marking of Bids 27.1 The Bidders shall seal the ORIGINAL BID and a CD OF BID in separate



envelopes. The envelope having the original bid should be superscribed with “Original Pre-qualification Bid” and the envelope having the CD of the bid should be superscribed with “CD of Pre-qualification Bid”. Both these envelopes should be sealed in an outer envelope.

27.2 The envelopes shall:

Be addressed to the Bank at the address given; and Bear the Name“Rate contract for Procurement of Windows 10 proLicenses ,Windows 7 Extended Security Updates Licenses ,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”

27.3 If the outer envelope is not sealed and marked, the Bank will assume no

responsibility for the Bid’s misplacement or its premature opening. 28. Deadline for Submission of Bids 28.1 Bids must be received by the Bank at the address specified, not later than the

date & time specified in Bid Invitation. 28.2 The Bank may, at its discretion, extend this deadline for the submission of Bids

by amending the Bid Documents, in which case, all rights and obligations of the Bank and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

28.3 In the event of the specified date for submission of bids being declared a holiday

for the Bank, the bids will be received upto the appointed time on the next working day

29. Late Bids 29.1 Any Bid received by the Bank after the deadline for submission of Bids

prescribed, will be rejected and returned unopened to the Bidder. 30. Modification and Withdrawal of Bids 30.1 The Bidder may modify or withdraw its Bid after the Bid’s submission, provided

that written notice of the modification, including substitution or withdrawal of the Bids, is received by the Bank, prior to the deadline prescribed for submission of Bids.

30.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed,

marked and dispatched. A withdrawal notice may also be sent by Fax/telegram, but followed by a signed confirmation copy, postmarked not later than the deadline for submission of Bids.



30.3 No Bid may be modified after the deadline for submission of Bids. 30.4 No Bid may be withdrawn in the interval between the deadline for submission

of Bids and the expiration of the period of Bid validity specified by the Bank.

31. Erasures or Alterations

Technical details and indicative commercial quotes must be completely filled up. The corrections or alterations, if any, should be authenticated. In the case of the corrections/alterations not properly authenticated, the offer will be liable for rejection.

G. Evaluation of Bids 32. Clarification of Bids 32.1 During evaluation of the Bids, the Bank, at its discretion, may ask the Bidder for

clarification of its Bid. The request for clarification and the response shall be in writing, and no change in the substance of the Bid shall be sought, offered, or permitted.

32.2 The Bidders’ names, Bid modifications or withdrawals and the presence

or absence of requisite EMD and such other details as the Bank, at its

discretion, may consider appropriate, will be announced at the time of

technical Bid opening.

32.3 Bids and modifications sent, if any, that are not opened at Bid Opening

shall not be considered further for evaluation, irrespective of the

circumstances. Withdrawn bids will be returned unopened to the Bidders.

33. Preliminary Examination 33.1 The Bank will examine the Bids to determine whether they are complete, the

documents have been properly signed, and the Bids are generally in order. 33.2 The Bank may, at its sole discretion, waive any minor infirmity, nonconformity,

or irregularity in a Bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder.

33.3 Prior to the detailed evaluation, the Bank will determine the substantial

responsiveness of each Bid to the Bidding Document. For purposes of these Clauses, a substantially responsive Bid is one which conforms to all the terms and conditions of the Bidding Document without material deviations. Deviations from, or objections or reservations to critical provisions, such as Performance Security, Applicable Law, Validity period of the price quotation, Qualification



Criteria, Warranty and Force Majeure will be deemed to be a material deviation. The Bank’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself, without recourse to extrinsic evidence. The Bank would also evaluate the bids on technical parameters including possible visit to inspect Bidder’s/Supplier’s manufacturing facilities and quality control facilities including burn-in test and to conduct burn-in tests. The systems at the site may be selected on a random basis or as may be decided by the Bank, to conduct these tests. In such case the cost of inspection shall be borne by the Bank and the vendor has to keep the things ready at the premises that are required for inspection.

33.4 If a Bid is not substantially responsive, it will be rejected by the Bank and may

not subsequently be made responsive by the Bidder by correction of the nonconformity.

34. Contacting the Bank 34.1 No Bidder shall contact the Bank on any matter relating to its Bid, from the time

of opening of Bid to the time a communication in writing about its rate contract or otherwise is received from the Bank.

34.2 Any effort by a Bidder to influence the Bank in its decisions on Bid evaluation,

Bid comparison or empanelment, may result in the rejection of the Bidder’s Bid. 35. Bank’s Right to Accept Any Bid and to rejectany or All Bids 35.1 The Bank reserves the right to accept or reject any Bid, and to annul the Bidding

process and reject all Bids at any time prior to empanelment, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Bank’s action.

36. Notification of Award 36.1 Within a period of Bid Validity from the date of opening of Bids, the Bank will

notify only the successful Bidder in writing or by fax / e-mail, regarding the contract.

36.2 Subsequent to the selection of the vendor, it is expected that the vendor so

selected shall the computer hardware/software items as mention in Part-IV at the locations for whom the order has been placed by our zonal offices/head office/ training centers where the vendor is having their Head/Regional/Zonal Offices as also direct service support centers or service support through its franchisee.

36.3 The notification of award will constitute the formation of the Contract. The

selected Bidder should convey acceptance of the award of contract by returning duly signed and stamped duplicate copy of the award letter within 7 days of



receipt of the communication. 36.4 The EMD of the unsuccessful Bidders shall be returned within 3 weeks

from the date of bid finalization.

H. Award of Contract 37. Post-qualification 37.1 For purchases subsequent to the awarding of the rate contract the Bank/Zonal

Office/Training Centers will place the order directly L1 Vendor or L2 vendor as per the Order Splitting clause(Annexure 21 clause 38).

37.2 The size of the lot will be decided by the Bank at its own discretion and shall be

binding on the Suppliers. All the price bids/RA Bids after their evaluation on the parameters mentioned in the RFP terms would be arranged in descending order and the contract would be awarded to the bidderOrder Splitting clause(Annexure 21 clause 38).

38. Award Criteria 38.1 The Bank will award the Contract to the successful Bidder, out of the Bidders

who have responded to Bank's Invitation for Quotation/RFP as referred above, who has been determined to qualify to perform the Contract satisfactorily, and whose Bid has been determined to be substantially responsive, and is the lowest evaluated Bid. However, the Bank also reserves the right to distribute the orders depending on the procurement/project as would be enumerated in RFP.

39. Order Cancellation

39.1 If the bidder fails to deliver and/or install the equipment within the stipulated time schedule or the extended date communicated by the Bank, it would be considered as a breach of contract. Bank reserves the right to cancel the purchase order or entire contract in all such cases of breach of contract by giving one month notice.

39.2 The Bank reserves its right to cancel the order in the event of delay in delivery/installation / commissioning of equipment and serious discrepancy in supplied computer hardware, software and their accessories.

39.3 In addition to the cancellation of purchase order, Bank of India reserves the right to appropriate the damages from the Performance Bank Guarantee given by the bidder and may take appropriate action.



40. Signing of Contract

40.1 All the successful empanelledvendors need to execute the Contract as per Bank’s Contract Form Annexure 10.

40.2 Within one month of the notification award, successful bidder has to submit

Contract Form to the Bank duly dated and signed. 40.3 In the absence of a formal contract, the Bid document, together with the Bank’s

notification of award and the vendor’s acceptance thereof, would constitute a binding contract between the Bank and the successful Bidder.

40.4 The Bank reserves the right either to invoke the Performance Bank Guarantee

or to cancel the purchase order or both if the Bidder fails to meet the terms of this RFP or contracts entered into with them

41. Transfer of Title Title of ownership of goods supplied under this contract passed on to the

Bank on delivery of goods at the site. 42. Performance Security

42.1 A Performance Bank Guarantee for Rs.1,00,00,000/- (Rupees One crore only)

valid for 3 year(s) to be submitted by the successful Bidder within a week of receipt of formal communication from the Bank about their successful bid. The PBG should be from a Public Sector / Private Sector/Scheduled Commercial Bank in India other than BOI and should be annually renewable. This Performance Bank Guarantee needs to be submitted at Head Office and will be valid for contract period from the date of empanelment. Apart from this, successful Bidder has also to submit a Bank Guarantee for 10% of the value of the respective PO at the HeadOffice placing the order(as mentioned in clause T&C point no .8).Thiswill be valid till the contract period.

At the time of procurement from the vendors the successful Bidder shall furnish the Performance Security in accordance with the Conditions of Contract, in the Performance Security Form provided in the Bidding Documents, or in another form acceptable to the Bank.

42.2 Failure of the successful Bidder to comply with the requirements of signing the

Purchase Contract and submission of Performance Security shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid security, in which event the Bank may make the award to the next lowest evaluated Bidder or call for new Bids. The decision of the Bank shall be final and binding.



43. Miscellaneous

43.1 The selected Bidder should provide online/telephonic support for

installation tasks in coordination with the Head Office/Zonal IT

Department of the respective Zone. During the transition, Service Provider

shall also support the Bank on technical queries/support on process

implementation or in case of software provision for future upgrades.

Note: Notwithstanding anything said above, the Bank reserves the right to reject the contract or cancel the entire process without assigning reasons thereto.



Part-II Instructions to Vendors

Submission of Proposals (Methodology)

The Proposal shall be submitted in two separate envelopes – Part I covering the Technical (except equipment price and warrantee charges) and Qualification aspects hereinafter referred to as ‘Technical Proposal’and Part II covering only the price schedules hereinafter referred to as the ‘Price Proposal’. The two parts should be in two separate covers each superscribed with the name of the Project “Rate Contractfor Procurement of Windows 10 pro Licenses , Windows 7 Extended Security Updates 2020, Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”as well as “Technical Proposal” and “Price Proposal” as the case may be.

Documents comprising the Technical Proposal Envelope, should the documents as mentioned abovein Clause no 9 :

(a) Bid Form as per Annexure-1 completed in accordance with the clauses

in the BID and duly signed by the authorized representative of the

Bidder.

(b) Undertaking of Authenticity - Annexure- 16

(c) SLA T&C duly stamped and sign – Annexure- 21&22

(d) EMD Bank Guarantee – Annexure- 14

(e) MAFs – Annexure- 7

(f) Escalation Matrix : Annexure -18

(g) Non-Disclosure Agreement Annexure-9

(h) A copy of the full RFP document duly stamped and signed on every page

completed in accordance with the clauses in the BID and duly signed by

the authorized representative of the Bidder and stamped with the official

stamp of the Bidder.

(i) Unconditional acceptance of the terms & conditions of the RFP -

Annexure -13

(j) Letter of authority Annexure-15

(k) Power of attorney

(l) Declaration with regard to Reverse auction – Annexure 17,17A,17B,17C

(m) All Other documents mentioned in the RFP required for eligibility viz.

audited statement, solvency certificate, certificate of incorporation, sales

tax return.

(n) List of customer and references Annexure 8

(o) Service support details and List of offices at various zone Annexure 6

(p) Performance Statement Form Annexure 5

(q) Capability Statement –Annxeure 2& 3



(r) Insurance Certificate

(s) Bill of material Annexure 19

Any Technical Proposal containing any price information will be rejected. The bid has to be accompanied by

a) an Earnest Money Deposit (EMD)/bid security of Rs.25,00,000/- ( Rupees Twenty Five Lakhs only) in the form of a demand Draft or payslip in favour of Bank Of India, Payable at Mumbai. Such Draft /Payslip should be in separate third cover marked as 'EARNEST MONEY DEPOSIT'.

b) Non-Refundable amount of Rs. 15,000/- (Rupees Five Thousand only) as Tender Fees in the form of a demand Draft or payslip in favour of Bank Of India, Payable at Mumbai. Such Draft /Payslip should be in separate third cover marked as 'TENDER FEES”.

Price Proposal Envelope should be accompanied by duly filled in Proposal Forms (FORM 2) and (FORM 4). The forms must be duly signed by the vendor. The vendors shall seal the “Technical Proposal” and “Price Proposal” separately and the same shall: (i) be addressed to the Bank at the address given; and (ii) Bear the Name “Rate Contract for Procurement of Windows 10 pro

Licenses ,Windows 7 Extended Security Updates License,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates” and a statement: “DO NOT OPEN BEFORE 28/07/2020”

(iii) The price bid should bear Rate Contractfor Procurement of Windows 10 Pro

Licenses ,Windows 7 Extended Security UpdatesLicnses,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates” and a statement “DO NOT OPEN BEFORE THE DATE OF OPENING OF THE PRICE BID”.

Proposals must be received by the Bank at the address specified, not later than the date & time specified in Request for Proposal.



PART III

TERMS AND CONDITIONS OF CONTRACT

1. Terms and conditions will be as mentioned in the Annexure 21.

2. The successful Bidder will have to execute the SLA as per the draft provided by the Bank.

Grouping of Software

Group Item

Group-A i.Microsoft Windows 10 OS Pro Perpetual License for PCs./laptop. ii.Microsoft Windows Server 2019 License

Group-B i.Microsoft Windows 7 Extended Security Updates 2020 Licenses along per Device. ii. Microsoft Windows 7 Extended Security Updates 2021 Licenses along per Device. iii.Mx Windows Server2008/2008 R2 server OS Extended Security Updates Licenses for 1 Year



PART - IV: SPECIFICATIONS OF SOFTWARE Technical specifications for OS license

S.No

Group Item Complied (Y/N) Deviations if any

1 Group-A Microsoft Windows 10 OS Pro Perpetual License for PCs./laptop

2 Group-A Microsoft Windows Server 2019 License (core based licensing- 1 license provide entitlement for usage of 16 cores)( Down gradable to Windows server 2016/Windows Server 2012 R2)(Perpetual)

3 Group-B Microsoft Windows 7 Extended Security Updates 2020Licenses along per Device

4 Group-B Microsoft Windows 7 Extended Security Updates 2021Licenses along per Device

5 Group-B MxWindows Server2008/2008R2 server OS Extended Security Updates Licenses for 1 Year

Important Notes: a) Technical specifications of the OS offered (against the requirements specified) as

well as the Technical Details (in the prescribed format) should be furnished along with the Price Quotation when the same is invited, for all the standard and optional items offered. Otherwise the offer would be treated as Non-responsive.

b) All software offered should be legal and licensed and supplied on standard CD-

ROM media, with user documentation (English language versions).

c) All equipment offered should conform to relevant national and/or international standards/specifications approvals as may be prescribed by the Bank at his sole discretion at the time of inviting Price Quotation.



d) All the Purchase Order issued by Zonal Offices/Head office/Training Centre against

this rate contract will follow the same terms & Conditions and SLA as mentioned in this RFP.

e) L1 will be decided for each Group.

f) If a bidder is quoting for particular group, He should quote for all the items in that

group otherwise he will be disqualified



PART - V: QUALIFICATION REQUIREMENTS

(Referred to in clause 11.2 (d) of IFB) The bidder should be Authorised partner of Microsoft, in case of breach at Service Provider End, OEM should own the responsibility.They should have in the business for the last 5 years. The Software offered for supply must be in satisfactory operation for at least 3 months as on the date of Bid Opening. The bidder shall undergo separate contract with Bank of India for fulfilling the scope as per the RFP terms and conditions.In case of termination of services with Service Provider, The OEM(Microsoft) should continue to offer the services to bank on finalised rates as per MAF.

1. The Bids of Bidders quoting as partner of Microsoft, meeting the above

requirement in full will also be considered provided:

a) The Bidder should be Licensing Solution partner/Cloud Solution Providerof Microsoft Corporation (India) Pvt Ltd.Copy of the Valid Certificate(s) to be provided. The proof of partnership and back to back contract with Microsoft should be submitted to Bank

b) The bidder should not have any Service Level Agreement pending to be signed with the Bank for more than 6 months from the date of issue of purchase order,bidder specially certify that.

1. The bidder should have supplied at least 500 Windows 7 ESU 2020 and 2000

Microsoft Windows 10 OS License or 1000 Windows Server Licenses to Govt. organizations /PSU during last three years. Or The bidder should have supplied at least 3000 PCs with Windows 10 OS license to Govt. Organizations/PSU/PSE during last three years in various locations/offices of PSUs preferably Banks, Financial Institutions having a large branch network geographically spread across the country.

The details of PSUs like names of Banks/Financial Institutions, contact person,

telephone numbers and the locations where PCs are supplied and supported must be submitted to the Bank.

5. The bidder should have executed at least one single order of minimum Rs. 5.00

Crore for Software/Computer Hardware(preferably including PCs with Windows 10 pro) to BFSI/Government department in India during last two financial Years. Satisfactory performance certificate/Purchase Order from customers should be submitted.



6. The Bidder should have a system in place to provide a softcopy of list of

softwareto Bank of India, Head Office I.T. Department, and Mumbai. They should be able to provide MIS reports pertaining to the problems reported and resolved across the country on a monthly basis.

7. The Bidders should satisfy the following minimum criteria:

a) The Bidder must be an Indian Company/LLP/Partnership firm registered under applicable act of India.Certificate of Incorporation issued by Registrar of Companies and full address of the registered office along with Memorandum & Articles of Association/Partnership Deed.

b) Should have Online/Telephonic Support throughout India, and cover banks zonal office locations.

c) The Company should have made operating profits and net profit in at least two financial years out of last three financial years i.e. 2017-18, 2018-19, and 2019-20.A copy of last three financial years' relevant audited balance sheets should be submitted with the offer. Certified letter from the Chartered Accountant. The CA certificate in this regard should be without any riders or qualification.

d) Should have an annual turnover of Rs.100 Croresor above for bidder in last three financial year 2017-18, 2018-19 and 2019-20 out of Indian Operations.

e) Should be ready to supply and support the license at various locations vizzonal offices/branches/Head Offices and Training Centers(Online/Telephonic support)

f) The Bidders shall be in a position to submit valid Sales Tax Clearance Certificate (STCC) along with the bid.

h) All license should be quoted through Manufacturer’s Authorization Certificate. The Original Manufacturer/Representative should have certification of all the latest Operating Systems like Windows on PCs and laptops.(A copy of all certifications to be submitted). The perpetual license Contract and ESU Contract shall be issued in the name of Bank of India, the Bank should have authority to avail the services directly from OEM in case of any contract change with finalised service provider



i) Bidders should be able to offer end to end solution including supply, online installation support and training in software.

k) Wherever after sales service is rendered by franchises, the Bidder should be willing to assume full responsibility for the promptness and quality of service rendered by the franchises.

l) Bidders should have not been blacklisted by any of the Government authority, RBI or Public Sector Undertaking (PSUs) due to lack of support/services, poor hardware quality and malpractices. Bidder shall give an undertaking, on their letter head that they have not been blacklisted by any of the Government Authority,RBI or PSUs or PSBs as on date of submission of Tender, otherwise the bids will not be considered.

11. If Bidder is partner of OEM, a letterfrom OEM regarding the unconditional

acceptance of terms and condition related to support for their products.



PART - VI: BID FORM AND OTHER FORMATS

(For information of vendors)

(These Forms / Formats are generic in nature, which have been Mentionedfor the knowledge of the bidders and may be changed

to specific Forms /Formats with necessary changes with each purchase Order as and whenit is applicable)

INDEX

(1) Bid form Annexure 1

(2) Technical Proposal Annexure 2

(3) Price Proposal Form Annexure 3

(4) Financial capability Annexure 4

(5) Capability statement Annexure 4A

(6) Performance Statement form Annexure 5

(7) Service support details Annexure 6

(8) List of zonal Offices Annexure 6A

(9) MAF Annexure 7

(10) List of customers and References Annexure 8

(11) Non Disclosure Agreement Annexure 9

(12) Contract Form Annexure 10

(13) Performance Security Form Annexure 11

(14) Performa for Sucessful implementation& Acceptance

Annexure 12

(15) Term and Conditions Acceptance Annexure 13

(16) Bid Security Form Annexure 14

(17) Letter of authority Annexure 15

(18) undertaking of authenticity Annexure 16

(19) Reverse Auction Complaince and Rules Annexure 17A,B,C

(20) Escalation matrix Annexure 18

(21) Bill Of Material Annexure 19

(22) Tech Complaince Sheet Annexure 20

(23) Terms and Conditions Annexure 21

(24) Service Level Agreement Annexure 22

(25) Integrity Pact Annexure 23

Note: Necessary documentary proofs to be enclosed for Annexure marked with *



Annexure - 1 FORM 1: BID FORM

RFP Ref. No.BOI/HO/IT/DB/136 dated28.05.2020 To: Bank of India,

Head office, Information Technology Department, Star House,C-5, “ G ” Block, 8th Floor, West Wing, Bandra-Kurla Complex, Bandra( East ), Mumbai-400-051.

Having examined the Bidding Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, apply for inclusion in the panel of approved vendors for supply, delivery and installation of Software as per the rate fixed against this RFP. We shall abide by the terms and condition spelt out in the RFP. We agree to abide by the terms and conditions of the Bid Document. If we are empanelled, and if our Price Quotation is accepted, we will submit the guarantee of a bank in a sum equivalent to 10 percent of the Contract Price for the due performance of the Contract, in the form prescribed by the Bank for every Order awarded to us. We undertake that, upon empanelment, if the award is made to us, in executing the purchase contracts, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”. We understand that you are not bound to accept the lowest or any Bid you may receive. Dated this ….... day of …......................... 20 ….. _____________________________________________________________ (signature) (In the capacity of) Duly authorized to sign Bid for and on behalf of _________________________________ (Enclose adequate documentary proof in this regard)



Annexure-2

FORM-2 PROPOSAL FORM (TECHNICAL PROPOSAL) RFP Ref. No. No. BOI/HO/IT/DB/136dated 28.05.2020

(To be kept in the Technical Proposal Envelope)

Date:............................. To:

Bank of India, Information Technology Department, Star House 2, Bandra-Kurla Complex, Plot No.C-4, G-Block, 8th Floor West Wing, Bandra (E), Mumbai 400 051.

Gentlemen,

Rate Contract For Procurement of Windows 10 pro Licenses ,Windows

10 Extended Security Updates ,Windows Server Operating System

License and Windows 2008 R2 Extended Security Updates”

Having examined the Proposal Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver Software, in conformity with the said Proposal documents. We undertake, if our Proposal is accepted, to deliver, install and commission the system in accordance with the delivery schedule specified in clause 22of Part I- E. If our Proposal is accepted, we will obtain the guarantee of a bank for a sum equivalent to 10 percent of the Contract Price for the due performance of the Contract, in the form prescribed by the Bank.

We agree to abide by the Proposal and the rates quoted therein.

Until a formal contract is prepared and executed, this Proposal, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. 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 you are not bound to accept the lowest or any Proposal you may receive.



Dated this ....... day of ............................ ….. _________________________________ ________________________________ (Signature) (In the capacity of) Duly authorized to sign Proposal for and on behalf of

_________________________________

****



Annexure- 3

FORM-3 PROPOSAL FORM (PRICE PROPOSAL) RFP Ref. No. No. BOI/HO/IT/DB/136dated28.05.2020

(To be kept in the Price Proposal Envelope) Date: To:

Bank of India, Information Technology Department, Star House 2, Bandra-Kurla Complex, Plot No.C-4, G-Block, 8th Floor West Wing, Bandra (E), Mumbai 400 051.

Gentlemen,

Re: Rate Contract For Procurement of Windows 10 pro Licenses ,Windows 7 Extended Security Updates License,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”

Having examined the Proposal Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver Software, in conformity with the said Proposal documents for the sum of..................... (Total Proposal amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Proposal. We undertake, if our Proposal is accepted, to deliver, install and commission the system in accordance with the delivery schedule specified in clause 22of Part I -E. If our Proposal is accepted, we will obtain the guarantee of a bank for a sum equivalent to 10 percent of the Contract Price for the due performance of the Contract, in the form prescribed by the Bank.

We agree to abide by the Proposal and the rates quoted therein for the orders awarded by the Bank.

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



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 you are not bound to accept the lowest or any Proposal you may receive. Dated this ....... day of ............................ 20…. _________________________________ ________________________________ (Signature) (In the capacity of) Duly authorized to sign Proposal for and on behalf of

_________________________________



Annexure - 4 FORM 4: QUALIFICATION APPLICATION

(All the Bidders submitting their Bids must submit the qualification

application along with the information in the following formats together with the relevant documentation)

FINANCIAL, BUSINESS AND TECHNICAL CAPABILITY Name and address of Bidder Phone: Telex: Fax: 1. Latest Balance Sheet filed

with_____________________on_____________________ (Attach audited copies of annual accounts of past 3 years. Indigenous Bidders to attach copy of accounts audited under section 44 AB of Income Tax Act. In case the accounts are not required to be audited, the information in this statement should be attested by a Chartered Accountant or Manager of a reputed Bank.

2. Latest Profit & Loss Statement

from___________________________to________________ filed with_______________________on______________________. (Attach an audited copy).

3. Financial position (in the respective currency)

Current Financial

Year

Last Financial

Year

Previous to Last Financial

Year

a) Cash & Bank balances

b) Fixed Assets Gross and Net

c) Current Assets

d) Current Liabilities

Bank cash credit

Loans

Others (including sundry creditors)

e) Provisions

f) Contingent Liability (include. claims not acknowledged, pl.

specify)

g) Inventories

h) Share Capital

Free Reserves

Other reserves (Please specify)



i) Terms loans from financial institute & Banks

j) Working Capital

k) Net worth

l) Debtors & advances considered good more than 6 months

less than 6 months

4. Total Liabilities

Current Financial Year

Last Financial

Year

Previous to Last Financial

Year

a) Current Ratio

Current Assets to

Current liabilities

b) Acid Test Ratio

c) Total liability to Net worth

5. Net Sales (in respective currency):

a) Current period

b) During the last financial year

c) During the year before last financial year

6. Net Profit before Tax:

a) Current period

b) During last financial year

c) During the year before the last financial year

The profit and loss statements have been certified by_________________________________ 7. Bidders’ Financial arrangements (check appropriate item):

a) Own Resources

b) Bank Credit

c) others (specify)



8. Certificate of financial soundness (solvency) from Bankers of Bidders: 9. Income Tax clearance:

Please enclose copies of following documents:

a) Details of Income Tax registration; and

b) Last Income Tax clearance certificate

10. Sales:

Category Value of current orders to be executed in respective currency

Value of anticipated sales for next financial year in respective currency

A.

B.

11. Licensed capacity to manufacture:

Description of equipment

Size & Capacity

Licensed capacity

No. of Units Manufactured

Current Yr Last Yr 2nd Last Yr

12. List, if any of Bidder’s rate contract with the following organizations:

Organization Yes/No If Yes, date contract finalized

a. Directorate General of Supplies and Disposal, Government of India

b. Central Equipment Stores Purchase Organization for state Governments

c. Others

13. Describe Quality Control Organization, if any, and give the Organization Chart.

(a) Are goods offered subject to batch test, random sampling or full 100% test for quality?

(b) Are tests carried out by factory employees or by a separate testing agency?

(c) Are independent Quality Control Organization checks made and certificates issued for manufacturing and support?

(Enclose necessary documentary proof)



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Annexure – 4A

FORM 4A: CAPABILITY STATEMENT OF PERSONNEL, EQUIPMENT, PLANT AND PAST PERFORMANCE

1. Name and address of the Bidder 2. Classifications 1) Manufacturer (Circle what is applicable) 2) Authorized Agent 3) Dealer 4) Others, please specify 3. Plant a) Location b) Description, Type and size of building c) Is property on lease or free hold? If on lease, indicate date of expiry of lease

in each case.

4.

a) Type of equipment manufactured and supplied during last 2 years

Name of equipment

Capacity/ Size Nos. Manufactured

Projects to which

supplies are made

No. of orders on hand

b) Type of equipment manufactured, supplied, installed and commissioned during

last 2 years.

Name of equipment

Capacity/ Size Nos. Manufactured

Projects to which

supplied, installed and

commissioned

No. of orders on hand

5. a) Types of equipment supplied during last 2 years other than those covered under 4 above.



Name of equipment

Capacity/ Size and

model

Nos. Manufacture

d and Country of

origin

Total Nos. supplied in

India

Projects to which supplies

are made

No. of orders on

hand

b) Type of equipment supplied, installed and commissioned during last 2 years other

than those covered under 4 (a) and (b) above

Name of equipment

Capacity/ Size and model

Nos. Manufactured and Country

of origin

Total Nos.

supplied in India

Projects to which supplies

are made

No. of orders on

hand

6. Plant facilities: Sq. Meter Remarks a) Space available for manufacture ------------------ b) Space available for storage ------------------ c) Space available for inspection of items offered ------------------ d) Space available for storage of items offered ------------------ e) Are buildings fire resistant? Yes/ No f) Are premises approved by Municipal Authority? -------------

g) Are buildings under Municipal fire protection? ------------- h) Are power and fuel supply adequate to meet

production requirements? -------------

i) Are adequate transportation facilities available? ------------- j) Are safety measures adequate for performance

of proposed contract? -------------

k) Are adequate material handling facilities / equipmentsavailable?

-------------

7. Details of Quality Control and Testing facilities available

a. List of quality control and testing-equipment available

b. Give details of quality control and tests which can be carried out on items offered.



c. Details of the quality control and testing organisation available.

8. Personnel/ Organization

(1) Production (2) Quality control (3) Marketing (4) Installation and Commissioning (5) Service (6) Spare parts (7) Administrative

9. Details of organization at Service Centre

a) No. of skilled employees

b) No. of unskilled employees

c) No. of engineering employees

d) No. of administrative employees

e) List of special repair/ workshop facility available

f) Storage space available for spare parts ----------------------------

Sq.m. g) Value of minimum stock of spares available at

all the service centers ---------------------------------

h) List of models/ types by number of equipment serviced by the center in last 2 years.

i) i) Details of PCs with Windows 10 pro License and Windows 10 pro License sold

from the date of inception of the company:

Line of Item No. sold from the date of inception of the company:

1 PCs with Windows 10 pro License

2 Windows 10 pro License

10. Have you been black listed by any of the offices of the Reserve Bank of India,

other Public Sector Banks? If so, details may be provided.



---------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- 11. Names of two buyers (with Names of contact persons, their designations,

complete postal address, telephone, tax, telex and e-mail addresses) to whom similar equipment are supplied installed and commissioned in the past and to whom reference may be made by the Bank regarding the Bidder’s technical and delivery ability :

1.----------------------------------------------------------------------- 2.----------------------------------------------------------------------- (Enclose necessary documentary proof)



Annexure - 5 FORM 5: PERFORMANCE STATEMENT FORM

Performance Statement (for a period of last three years)

Bid No. ________________ Date of opening _________ Name of theFirm :

Order placed by (full address of Bank)

Order No. and date

Description and quantity of ordered equipment

Value of

Order

Date of completion of delivery

Remarks indicating reasons for late

Has the equipment been Satisfactorily functioning?

As per contract

Actual delivery, if any

(Attach a certificate from the Bank/Consignee)

1 2 3 4 5 6 7 8

Signature and seal of the

Bidder



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FORM 6: SERVICE SUPPORT DETAILSAnnexure - 6 (Clause 11.2 of Instructions for Bidders)

PLEASE LIST THE SERVICE CENERS STATEWISE

S. NO. NAME OF THE

SERVICE CENTER

ADDRESS AND TELEPHONE

NOS. OF THE SERVICE AGENT

SUPPORTING THE CENTER

IN COL. 2

IN RESPECT OF COLUMN 3

PLEASE STATE

WHETHER OWN

BRANCH OR FRANCHISE

STATUS OF

OFFICE, WORKING

DAYS AND

HOURS

NUMBER OF

SOFTWARE

ENGINEERS

NUMBER OF HARDWARE ENGINEERS

NUMBER OF ADMINISTRATION STAFF

VALUE OF MINIMUM

STOCK OF SPARES

AVAILABLE AT ALL TIMES

1 2 3 4 5 6 7 8 9

2

3 etc

Signature and seal of the Manufacturer/Bidder

(Enclose necessary documentary proof) Important Note: (i) Please specify whether the service support will be rendered by the Bidder / Dealers / franchise (ii) If the Service Support information is not furnished strictly as per the format above, the Bid submitted may be treated as non-responsive (iii) Please specify whether the Service Support is available at all Zonal Offices of the Bank as per the list enclosed as per

Annexure 6 A



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Annexure – 7

FORM 7: MANUFACTURERS' AUTHORIZATION FORM

No. Date: To: Dear Sir:

Re:RFP Ref No _____________ dated ___________ We who are established and reputable manufacturers of ________________________ having factories at (address of factory) do hereby authorize M/s ___________________ (Name and address of Agent) to submit a Bid, and sign the contract with you against the above Bid Invitation. We hereby extend our full guarantee and warranty as per Clause 19 of the Terms and Conditions of Contract for the goods and services offered by the above firm against this Bid Invitation. Yours faithfully,

(Name)

(Name of manufacturers)

Note: This letter of authority should be on the letterhead of the manufacturer and should be signed by a person competent and having the power of attorney to bind the manufacturer. It should be included by the Bidder in its Bid.

(Enclose necessary documentary proof)



Annexure - 8

LIST OF CUSTOMERS* AND REFERENCES

S No.

Name and complete Postal Address of the

Customer

Name, Designation

Telephone, Fax, Telex Nos., e-mail

address of the contact person

Nature and Quantum of

Goods supplied during

last 2 years

Value of Goods

Supplied in last 2 years

Whether reference

Letter Enclosed

1 2 3 4 5 6

(Enclose necessary documentary proof) * Provide Information in respect of at least 5 customers. References may be enclosed from at least 3

customers



Annexure - 9

FORM:8NON-DISCLOSURE AGREEMENT Tender Ref No ______________ dated __________

(To be typed on the letterhead of the company) WHEREAS, we, ________________________________________, having Registered Office at __________________________________, hereinafter referred to as the COMPANY, are agreeable to offeringOperating System(OS) Licenses to Bank of India, having its registered office at Star House, C-5, G Block, BandraKurla Complex, Mumbai – 400 051, hereinafter referred to as the BANK and, WHEREAS, the COMPANY understands that the information regarding the purchase of OS license shared by the BANK in their Request for Proposal is confidential and/or proprietary to the BANK, and WHEREAS, the COMPANY understands that in the course of submission of the offer for the said purchase of Laptops and/or in the aftermath thereof, it may be necessary that the COMPANY may perform certain jobs/duties on the Bank’s properties and/or have access to certain plans, documents, approvals or information of the BANK; NOW THEREFORE, in consideration of the foregoing, the COMPANY agrees to all of the following conditions, in order to induce the BANK to grant the COMPANY specific access to the BANK’s property/information The COMPANY will not publish or disclose to others, nor, use in any services that the COMPANY performs for others, any confidential or proprietary information belonging to the BANK, unless the COMPANY has first obtained the BANK’s written Authorization to do so; The COMPANY agrees that notes, specifications, designs, memoranda and other data shared by the BANK or, prepared or produced by the COMPANY for the purpose of submitting the offer to the BANK for the said purchase of Laptops, will not be disclosed to during or subsequent to submission of the offer to the BANK, to anyone outside the BANK The COMPANY shall not, without the BANK’s written consent, disclose the contents of this Request for Proposal (Bid) or any provision thereof, or any specification, plan, pattern, sample or information (to be) furnished by or on behalf of the BANK in connection therewith, to any person(s) other than those employed/engaged by the COMPANY for the purpose of submitting the offer to the BANK and/or for the performance of the Contract in the aftermath. Disclosure to any employed/engaged person(s) shall be made in confidence and shall extend only so far as necessary for the purposes of such performance. Authorised Signatory Name: Designation: Office Seal: Place Date: Annexure – 10



FORM 9: CONTRACT FORM

THIS AGREEMENT made the .......day of.................................., 20... Between..........................

(Name of Bank) (Hereinafter called "the Bank") of the one part and..................... (Name of Supplier)

of......................... (City and Country of Supplier) (Hereinafter called "the Supplier") of the other part:

WHEREAS the Bank invited Bids vide RFP ref BOI/HO/IT/DB/136dated 28.05.2020Empanelment of vendors For Supplyof Windows 10 pro Licenses and Windows 7 Extended Security Updates Licenseunder Rate contract for certain Goods and ancillary services and has accepted Bid by the Supplier for the supply, installationof those goods and services as per the rates offered in the Bid. The bidder should be capable of providing the Microsoft products i.e. Windows 7 Extended Security Updates (ESU) Licenses and Windows 10 pro License under this agreement. The vendor should also be capable of coordinating with Microsoft to ensure all the benefits of ESU for Windows 7 OS and Windows 10 pro are provided to the bank.Bidder shall provide information regarding the patches/upgrades/updates for Operating System as and when released by Microsoft or as per requirements of the Bank.Bidder should bring to notice of the Bank all releases/version changes.The bidder shall keep the Bank explicitly informed the end of support dates on related products.The bidder should ensure that Wiondows10 Pro License and Windows Server 2019 Licenses shall not expire or be revoked .The perpetual licenses should not be revoked in any of the circumstances. The perpetual license Contract and ESU Contract shall be issued in the name of Bank of India, the Bank should have authority to avail the services directly from OEM in case of any contract change with finalised service provider

Details of Software and the rates offered and accepted by the Bank is as given below:

S.NO Item Description Services Unit Rate

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) Request for Proposal(RFP) ref BOI/HO/IT/DB/136dated 28.05.2020and its

corrigendum if any



The Schedule of Requirements;

(b) The Technical Specifications;

(c) Price quotations submitted by the Bidder;

(d) The Terms and Conditions of Contract including SLA as mentioned in this RFP

(e) The Bank's Notification of Award(Purchase order issued by the Bank from time to time.

together called the “Contract Documents”.

3. In consideration of the payments to be made by the Bank to the Supplier as hereinafter

mentioned, the Supplier hereby covenants with the Bank to provide the goods and services and to remedy defects therein, in conformity in all respects with the provisions of the Contract.

4. The Bank hereby covenants to pay the Supplier in consideration of the provision of the goods

and services and the remedying of defects therein, the Price or such other sum as may become payable as per the Purchase Order issued from time to time and in the manner prescribed in the RFP

5. Neither party shall disclose the confidential information to a third party. The parties will, at all

times, maintain confidentiality regarding the contents of this Agreement and proprietary information including any business, technical or financial information. Provided that this clause shall not apply to information which has come into the public domain otherwise than as a result of default of the disclosing party or which is required to disclose by operation of law.

6. Terms & Conditions, SLA and all other contract documents remain will remain valid for every Purchase Order issued by the Bank.

7. This contract is valid till …………………., but the suppliers obligations for the hardware

supplied will be governed by the RFP and the Contract documents as mentioned herein above. 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 Bank) in the presence of:....................................... Signed, Sealed and Delivered by the said ..................................................... (For the Supplier) in the presence of:....................................



Annexure - 11

FORM 10: PERFORMANCE SECURITY FORM To: (Name of Bank) WHEREAS ................................................................... (Name of Supplier) (hereinafter called "the Supplier") has undertaken, in pursuance of Contract No................. dated,........... 20... to supply...................... .................................................(Description of Goods and Services) (hereinafter called "the Contract"). AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein, as security for compliance with the Supplier's performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Supplier a Guarantee: THEREFORE, WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of ................................... ........................................ (Amount of the Guarantee in Words and Figures) and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limit of ................................ (Amount of Guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. This guarantee is valid until the ........day of...................20......

Signature and Seal of Guarantors .................................................................... Date....................................................20..... .................................................................... .................................................................... Address:....................................................... .................................................................... ....................................................................



Annexure – 12

FORM 11: PROFORMA OF CERTIFICATE FOR ISSUE BY THE BANK AFTER SUCCESSFUL COMMISSIONING OF EQUIPMENT

No. Date: M/s.

Sub: Certificate of commissioning of equipment 1. This is to certify that the equipment as detailed below has/have been received in good condition

along with all the standard and special accessories (subject to remarks in Para No. 2) and a set of spares in accordance with the Contract/Specifications. The same has been installed and commissioned.

(a) Contract No._________________ dated _______________________ (b) Description of the equipment_________________________________ (c) Quantity ________________________________________________ (d) R/R. / L.R. / Bill of lading no. ________ dated _____________ (e) Name of the vessel/transporter _______________________________ (f) Name of the consignee _____________________________________ (g) Date of commissioning and proving test ________________________

2. Details of accessories/spares not yet supplied and recoveries to be made on that account: S.No. Description Amount to be recovered 3. The proving test has been done to our entire satisfaction and operators have been

trained to operate the equipment. 4. The Supplier has fulfilled his contractual obligations satisfactorily*

Or The Supplier has failed to fulfill his contractual obligations with regard to the following: (a) (b)



(c) (d) 5. The amount of recovery on account of non-supply of accessories and spares is given under Para

No.2. 6. The amount of recovery on account of failure of the Supplier to meet his contractual obligations

is as indicated in endorsement of the letter.

Signature _________________________

Name __________________________

Designation with stamp __________________

* Explanatory notes for filling up the certificates: (a) He has adhered to the time schedule specified in the contract in despatching the

documents/drawings pursuant to Technical Specifications. (b) He has supervised the commissioning of the equipment in time i.e., within the period

specified in the contract from the date of intimation by the Bank in respect of the installation of the plant.

(c) Training of personnel has been done by the Supplier as specified in the contract. (d) In the event of documents/drawings having not been supplied or installation and

commissioning of the equipment having been delayed on account of the Supplier, the extent of delay should always be mentioned.



Annexure – 13

FORM 12 Acceptance of Terms and Conditions

(Letter to the bank on the bidder’s letterhead) Date: To, The General Manager, Bank of India, Information Technology Department. Head Office. Dear Sir, RFP Ref NoBOI/HO/IT/DB/136dated 28.05.2020 Sub: RFP for ForSupply of Windows 10 pro Licenses ,Windows 7 Extended Security Updates Licenses,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”under Rate contract

With reference to the above RFP, having examined and understood the instructions, terms and conditions forming part of the RFP, we hereby enclose our offer for the supply and installation support of Windows 10 proLicense,Windows 7 Extended Security Updates 2020,Windows Server Operating System License and Windows 2008 R2 Extended Security Updatesunder rate contract as detailed in your above referred in RFP.

We further confirm that the offer is in conformity with the terms and conditions as mentioned in the RFP and all required information photocopy along with unpriced commercial bid is enclosed.

We also confirm that the offer shall remain valid for 180 days from the date of the offer.

We hereby undertake that the licensed operating systems with the authorized license certificate to be delivered to the Bank and that software is licensed and legally obtained.

We hereby undertake and agree to abide by all the terms and conditions stipulated by the Bank in

this RFP including all addendum, corrigendum etc. (Any deviation may result in disqualification of bids).

We understand that the Bank is not bound to accept the offer either in part or in full and that the Bank has right to reject the offer in full or in part without assigning any reasons whatsoever.

The deviation, if any, has been given in the Annexure 20– Declaration of Compliance attached.



We understand that

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

If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by the purchaser to do so, a contract in the prescribed form. Unless and until a formal contract is prepared and executed, this bid together with your written acceptance thereof shall constitute a binding contract between us.

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

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

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

We enclose Demand Draft/Bank Guarantee for Rs.------favouring Bank of India and payable at Mumbai, towards bid security, details of the same is as under:

BG/DD NO:

Date:

Issuing Bank :

Dated at ___________ this ______________ day of _________ 2015

Yours faithfully,

Authorized Signatories (Name & Designation, seal of the firm)

Date:



Annexure-14 FORM 13 :BID SECURITY FORM

Whereas........................... (Hereinafter called “the Bidder”) has submitted its Bid dated.......(Date of

submission of Bid) for the supply of............(Name and/or description of the Products/system)

(Hereinafter called “the 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 Bank of India ,Head Office (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 CONDITIONS of this obligation are:

1.If the Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Bid

Form; or

2.If the Bidder, having been notified of the acceptance of its Bid by the Purchaser during the period

of Bid validity:

(a)Fails or refuses to execute the Contract Form if required; or fails to deliver the goods within

stipulated time

(b)Fails or refuses to furnish the performance security, in accordance with the Instruction to Bidders.

We undertake to pay the Purchaser up to the above amount upon receipt of its first written demand,

without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser

will note that the amount claimed by it is due 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 and including forty five (45) days after the period of the Bid

validity, i.e. up to ________, and any demand in respect thereof should reach the Bank not later than

the above date.

(Signature of the Bidder’s Bank)



Note: Presence of restrictive clauses in the Bid Security Form such as suit filedclause/clause

requiring the Purchaser to initiate action to enforce the claim etc., will render the Bid non-responsive.



Annexure-15

Letter of Authority

Date:

To, The General Manager, Bank of India, Information Technology Department. Head Office.

Dear Sir

Re :RFP Ref NoBOI/HO/IT/DB/136dated 28.05.2020 (To be typed on the letterhead of the company)

We hereby authorise Shri/Smt ______________________ to submit the bid on behalf of our Company in response to your above mentioned RFP. Authorised Signatory Name: Designation: Office Seal: Place : Date:



Annexure-16

Undertaking of Authenticity

To,

Deputy General Manager, Bank of India,

Information Technology Department,

8th Floor, Star House II, C-4, G-Block,

BandraKurla Complex, Bandra East,

Mumbai – 400 051.

Sub: Undertaking of Authenticity for supply of Software

Ref: BOI/HO/IT/DB/136 dated 28.05.2020

With reference to the Software 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

2. 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 (e.g. Product keys on Certification of Authenticity in

case of Microsoft Windows Operating System)

3. 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.

4. In case of default and we are unable to comply with above at the time of delivery

or during installation, for the IT Software already billed, we agree to return the money if any

paid to us by you in this regard.

5. We also take full responsibility of both parts and Service SLA as per the content

even if there is any defect by our authorized Service Centre / Reseller / SI etc.

Dated this ....... day of ............................ 2020 ______________________________________________________________ (Signature) (Name) (In the capacity of)

Duly authorised to sign Bid for and on behalf of



Annexure-17

BUSINESS RULES AND TERMS& CONDITIONS OF REVERSE AUCTION

Reverse Auction event will be carried out among the Technically Qualified Bidders, for providing opportunity to the Bidders to quote the price dynamically for the procurement for which RFP is floated

A) Definitions : 1) “Bank” means Bank of India

2) “Service Provider” means the third party agency / company who has been selected by the Bank for

conducting Reverse Auction.

3) “L1” means the Bidder who has quoted lowest price in the Reverse Auction process.

4) “L2” means the Bidder who has quoted second lowest price in the Reverse Auction process. B) Eligibility of Bidders to participate in Reverse Auction :

1) Bidders who are technically qualified in terms of the relative Terms & Conditions of the RFP and accept

the Business Rules, Terms & conditions of Reversion Auction and submit the undertakings as per Annexure-D-A , can only participate in Reverse Auction related to the procurement for which RFP is floated. Bidders not submitting the above undertaking or submitting with deviations / amendments thereto, will be disqualified from further evaluation / participation in the process of relevant procurement.

2) Bidders should ensure that they have valid digital certificate well in advance to participate in the Reverse Auction. Bank and / or Service Provider will not be responsible in case Bidder could not participate in Reverse Auction due to non-availability of valid digital certificate.

C) Training :

1) Bank will engage the services of Service Provider to provide necessary training to representatives

of all eligible Bidders for participation in Reverse Auction. All rules & procedure related to Reverse Auction will be explained during the training.

2) Date, Time, Venue etc of training will be advised at appropriate time. 3) Eligible Bidder / his authorized nominee has to attend the training as per the schedule and at the

specified venue at the his / Bidder’s own cost.

4) No request from the Bidders for change in training schedule and/or venue will be entertained. 5) However, Bank reserves the right to postpone / change / cancel the training schedule for

whatsoever reasons without assigning any reasons therefor, even after its communication to eligible Bidders.

6) Any Bidder not participating in the training process will do so at his own risk.

D) Reverse Auction Schedule:



1) The date & time of start of Reverse Auction and its duration of time will be informed to the eligible

Bidders well in advance at least a week before the Reverse Auction date.

2) Bank reserves the right to postpone / change / cancel the Reverse Auction event even after its communication to Bidders without assigning any reasons therefor.

E) Bidding Currency : Bidding will be conducted in Indian Rupees (INR).

F) Start Price :

Bank will determine the Start Price for Reverse Auction –

1) on its own and / or 2) evaluating the price band information called for separately from each eligible Bidder at appropriate

time and / or

3) based on the price bids received and if opened, Bank may determine the start price on the basis of the lower quote received.

G) Decremental Bid Value :

1) The bid decrement value will be specified by Bank before the start of Reverse Auction event. It can be a fixed amount or percentage of Start Price or both whichever is higher.

2) Bidder is required to quote his bid price only at a decremental value.

3) Bidder need not quote bid price at immediate next available lower level, but it can be even at 2/3/4

….. level of next available lower level .

H) Conduct of Reverse Auction event : 1) Reverse Auction will be conducted on a specific web portal meant for this purpose with the help of

the Service Provider identified by the Bank.

2) Service Provider will make all necessary arrangement for fair and transparent conduct of Reverse Auction like hosting the web portal, imparting training to eligible Bidders etc., and finally conduct of Reverse Auction.

3) Bidders will be participating in Reverse Auction event from their own office / place of their choice.

Internet connectivity and other paraphernalia requirements shall have to be ensured by Bidders themselves.

i) In the event of failure of their internet connectivity (due to any reason whatsoever it may be)

it is the Bidders responsibility / decision to send fax communication immediately to Service Provider furnishing the bid price, they want to bid online, with a request to upload the faxed bid price online so that the service provider will upload that price online on behalf of the Bidder. It shall be noted clearly that the concerned Bidder communicating this price to service provider has to solely ensure that the fax message is received by Service Provider in a readable / legible form and also the Bidder should simultaneously check up with Service



Provider over phone about the clear receipt of the bid price faxed. It shall also be clearly understood that the Bidder shall be at liberty to send such fax communications of prices to be uploaded by Service Provider only before the closure of Reverse Auction time and under no circumstances it shall be allowed beyond the closure of Reverse Auction event time. Such Bidders have to ensure that the service provider is given reasonable time by the Bidders, to upload such faxed bid prices online and if such required time is not available at the disposal of Service Provider at the time of receipt of the fax message from the Bidders, Service Provider will not be uploading the bid prices. It is to be noted that neither the Bank nor the Service Provider will be responsible for these unforeseen circumstances.

b) In order to ward-off such contingent situation, Bidders are advised to make all the necessary

arrangements / alternatives such as back –up power supply , whatever required so that they are able to circumvent such situation and still be able to participate in the reverse auction successfully. However, the vendors are requested to not to wait till the last moment to quote their bids to avoid any such complex situations. Failure of power at the premises of vendors during the Reverse auction cannot be the cause for not participating in the reverse auction. On account of this the time for the auction cannot be extended and BANK is not responsible for such eventualities.

4) Bank and / or Service Provider will not have any liability to Bidders for any interruption or delay in access to site of Reverse Auction irrespective of the cause.

5) For making the process of Reverse Auction and its result legally binding on the participating

Bidders, Service Provider will enter into an agreement with each eligible Bidder, before the start of Reverse Auction event. Without this Bidder will not be eligible to participate in the event. The format of the agreement is as per the Annexure-D-C.

6) Bidders name will be masked in the Reverse Auction process and will be given random dummy names by the Service Provider.

7) Bidder / his authorised representatives will be given unique Login ID & Password by Service

Provider. Bidder/his authorized representative will change the Password after the receipt of initial Password from Service Provider to ensure confidentiality. All bids made from the Login ID given to the Bidders will be deemed to have been made by the concerned Bidder/his company.

8) Reverse auction will be conducted as per English Reverse Auction with no tie where more than one

Bidder cannot have identical bid price. 9) Any bid once made by the Bidder through registered Login ID &Password , the same can not be

cancelled. The Bidder is bound to supplies as per the RFP at the bid price of Reverse Auction. 10) Auto Bid :

i) Bidder can take the advantage of Auto Bid facility available in Reverse Auction systems. Auto Bid feature allows Bidder to place an automated bid against other Bidders in an auction by confirming to one decrement and bid without having to enter a new price each time a competing bidder submits a new offer.

ii) Auto Bid facility can be used by the Bidder only once. Bidder can at no point of time during the course of the Reverse Auction, revise / delete his Auto Bid price. Bidder has the facility to revise his Auto Bid value only prior to the start of the Reverse Auction event.



iii) Only after the lowest price quoted by other Bidders is equal to or less than the minimum

Auto Bid value put in the system by Auto Bid Bidder, he will get the option to manually bid.

iv) If more than one Bidder opts for the Auto Bid facility and if the lowest price quoted by

more than one in Auto Bid facility is same, then the Bidder who has opted for the Auto Bid facility first will get the advantage of being the ‘L1’, with the second bidder being ‘L2’ at a price one decrement higher than the ‘L1’ value and so on.

v) If one of the Bidder has opted for the Auto Bid facility, in which the system automatically places a bid by conforming to one decrement from the bid that any of the other Bidders might have quoted. In such a case, if the manual Bidder directly quotes the same price as the lowest price which the Bidder who has opted for the auto bid facility, then the bid submitted by the manual Bidder would be accepted as the ‘L1’ bid. But at that point of time onwards, the manual control of the Auto Bidder would be enabled for the Auto Bidder.

vi) Service Provider will explain in detail about the Auto Bid during the training.

11) Reverse Auction will normally; be for a period of one hour. If a Bidder places a bid price in last 10

minutes of closing of the Reverse auction, the auction period shall get extended automatically for another 10 minutes. Maximum 3 extensions each of 10 minutes will be allowed after auction period of 1 hour i.e. entire process can last maximum for 1 ½ hour only. In case there is no bid price in the last 10 minutes of closing of Reverse Auction, the auction shall get closed automatically without any extension. (Thetime period of Reverse Auction & Maximum number of its extensions & time are subject to change and will be advised to eligible Bidders before the start of the Reverse Auction event.)

12) Bidder will be able to view the following on their screen along with the necessary fields in Reverse

Auction :

i) Opening Price ii) Leading / Lowest Bid Price in Auction ( only total price) iii) Last Bid Price placed by the respective Bidder.

13) During Reverse Auction, if no bid price is received within the specified time, Bank, at its discretion, may decide to revise Start Price / Decremental Value / scrap the reverse auction process / proceed with conventional mode of tendering.

I) Reverse Auction Process :

1) At the end of Reverse Auction event Service Provider will provide the Bank all necessary details of the bid prices and reports of Reverse Auction.

2) Upon receipt of above information from Service Provider, Bank will evaluate the same and will

decide upon the winner i.e. Successful Bidder.

3) Successful Bidder has to fax the duly signed filled-in prescribed format ( Annexure-17B ) as provided on case-to-case basis to Bank within 4 hours of Reverse Auction without fail. The Original signed Annexure-D-B should be couriered so as to reach us within48 hours of Reverse Auction without fail.



4) Any variation between the on-line Reverse Auction bid price and signed document will be

considered as sabotaging the tender process and will invite disqualification of Bidder/vender to conduct business with Bank as per prevailing procedure.

5) Successful Bidder has to give break-up of his last/lowest bid price as per Bill of Material at the

end of Reverse auction event within 3 working days without fail.

6) Successful Bidder is bound to supply at their final bid price of Reverse Auction. In case of back out or not supply as per the rates quoted, Bank will take appropriate action against such Bidder and / or forfeit the Bid Security amount, debar him from participating in future

7) In case Bank decides not to go for Reverse Auction related to the procurement for which RFP

is floated and price bids if any already submitted and available with Bank shall be opened as per Bank’s standard practice.

J) Bidder’s Obligation :

1) Bidder will not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly with other suppliers / Bidders

2) Bidder will not divulge either his Bid details or any other details of Bank to any other party without written permission from the Bank.

K) Change in Business Rules, Terms & Conditions of Reverse Auction :

1) Bank reserves the right to modify / withdraw any of the Business rules, Terms & conditions of

Reverse Auction at any point of time. 2) Modifications of Business rules, Terms & conditions of Reverse Auction will be made available

on website immediately.

3) Modifications made during the running of Reverse Auction event will be advised to participating Bidders immediately.



Annexure-17-A ( to be submitted on company letter head by all Bidders participating in Reverse Auction) To, Bank of India Date : Head Office

Acceptance of Reverse Auction Business Rules and Terms & conditions in respect of Tender RFP BOI/HO/IT/DB/136 dated 28.05.2020

For Empanelment of vendors Forthe supply of Windows 10 Pro License ,Windows 7 Extended Security Updates Licenses,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”under rate under Rate contract====================================================

We refer to the captioned subject and confirm that – 1) The undersigned is our authorized representative. 2) We have accepted and abide by all Terms of captioned Tender documents and Business Rules and Terms

& conditions of Reverse Auction for the procurement for which RFP is floated. 3) Bank and Service Provider shall not be liable & responsible in any manner whatsoever for my / our failure

to access & bid in Reverse Auction due to loss of internet connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen circumstances etc. before or during the auction event.

4) We understand that in the event we are not able to access the auction site, we may authorize Service Provider to bid on our behalf by sending a fax containing our offer price before the auction close time and no claim can be made by us on either Bank or Service Provider regarding any loss etc. suffered by us due to acting upon our authenticated fax instructions.

5) I / We do understand that Service Provider may bid on behalf of other Bidders as well in case of above mentioned exigencies.

6) We also confirm that we have a valid digital certificate issued by a valid Certifying Authority. 7) We will participate in Reverse Auction conducted by e-Procurement Technologies Pvt Ltd and agree to

enter into an agreement with him (Service Provider) for making the process of Reverse Auction and its result legally binding on us.

8) We will fax duly signed filled-in prescribed format (Annexure-D-B)as provided on case-to-case basis, to Bank within 24 hours of end of Reverse Auction without fail.

9) We will give break-up of our last / lowest bid price as per Bill of Material at the end of Reverse Auction event within 48 hours without fail.

10) We undertake to supply at our final lowest bid price of Reverse Auction. In case of back out or not supply as per the rates quoted by us, Bank is free to take appropriate action against us and / or forfeit the Bid Security amount, debar us from participating in future tenders.

11) We nominate our official Shri _________________________________ Designation _____________ of our company to participate in Reverse Auction. We authorize Bank to issue USER ID & PASSWORD to him. His official e-mail & contact number are as under – Email : Mobile:

---------------------------------------------------------------------------------------------------------------- Signature with company seal : Name of Authorized Representative : Designation: Email : Mobile : Tel. No: Fax No.:



Annexure-17-B ( to be submitted / faxed by Successful Bidder of Reverse Auction within 24 hours from the end of Reverse Auction event) To, Bank of India Date : ---------------------- Sir, Final / Lowest Bid Price quoted in Reverse held on _______________ in respect of Tender / RFP Ref. No.BOI/HO/IT/DB/136dated 28.05.2020

For Empanelment of vendors For Supply the supply of Windows 10 Pro License ,Windows 7 Extended Security Updates 2020,Windows Server Operating System License and Windows 2008 R2 Extended Security Updates”under rate under Rate contract=======================================================

We confirm that the final total bid price quoted by us in the captioned Reverse Auction event for captioned tender is as under – Rs. ( in figure) : ___________________________ Rs. ( in words) : __________________________________________________________ ( We confirm that - 1) [ ] We enclose herewith the detailed break-up of above price as per Bill of Material OR [ ] We undertake to give detailed break-up of above bid price as per Bill of Material within 48 hours from the end-of Reverse Auction event. 2) Any variation between the on-line Reverse Auction bid price quoted by us and this document will be

considered as sabotaging the tender process and will invite disqualification of Bidder/vender to conduct business with Bank as per prevailing procedure. In such case Bank is free to take appropriate action and / or forfeit the Bid Security amount and / or debar him from participating in future

3) We are bound to supply at the above final bid price of Reverse Auction. 4) We note that in case of back out or not supply as per the above rates quoted by us, Bank will take

appropriate action against us and / or forfeit our Bid Security amount and / or debar him from participating in future

Signature with company seal : Name ofAuthorised Representative : Designation : Email : Mobile : Tel. No : Fax No :



Annexure-17C : Process Compliance Form

(The Bidders are required to print this on their company’s letter head and sign, stamp before faxing to Service Provider) To ( Name& Address of Service Provider)

Sub:Agreement to the Process related Terms and Conditions

for the Reverse Auction

---------------------------------------------------------------------------- Dear Sir, This has reference to the Terms & Conditions for the Reverse Auction mentioned in the Tender document for procurement of Hardware against the RFP Ref. No.BOI/HO/IT/dated 28.05.2020RFP for Empanelment of vendors For Supply, Installation and Commissioning of Computer Systems, Peripherals and System/Off-the-shelf Software under Rate contract This letter is to confirm that:

1) The undersigned is authorized representative of the company. 2) We have studied the Commercial Terms and the Business rules governing the Reverse Auction and

the RFP as mentioned in your letter and confirm our agreement to them. 3) We also confirm that we have taken the training on the auction tool and have understood the

functionality of the same thoroughly. 4) We confirm that Bank of India and M/S e-Procurement Technologies Pvt Ltd shall not be liable &

responsible in any manner whatsoever for my/our failure to access & bid on the e-auction platform due to loss of internet connectivity, electricity failure, virus attack, problems with the PC, any other unforeseen circumstances etc. before or during the auction event.

5) We understand that in the event we are not able to access the auction site, we may authorize M/S e-Procurement Technologies Pvt Ltd to bid on our behalf by sending a fax containing our offer price before the auction close time and no claim can be made by us on either Bank of India or M/S e-Procurement Technologies Pvt Ltd regarding any loss etc. suffered by us due to acting upon our authenticated fax instructions.

6) I/we do understand that M/S e-Procurement Technologies Pvt Ltd may bid on behalf of other Bidders as well in case of above mentioned exigencies.

7) We also confirm that we have a valid digital certificate issued by a valid Certifying Authority. 8) We also confirm that we will fax the price confirmation & break up of our quoted price as per Annexure-

D-B as requested by Bank of India / M/S e-Procurement Technologies Pvt Ltd within the stipulated time.

We, hereby confirm that we will honour the Bids placed by us during the auction process. With regards Signature with company seal Name – Company / Organization – Designation within Company / Organization – Address of Company / Organization –



ANNEXURE - 18

ESCALATION MATRIX

Sr.

No.

Particulars Level-1 Escalation Level-2 Escalation Level-3 Escalation

1 Account

Manager

Name:

Phone No:

Cell No:

Email :

Name:

Phone No:

Cell No:

Email :

Name:

Phone No:

Cell No:

Email :



Annexure – 19

(Indicative Commercial Offer)

INDICATIVE BILL OF MATERIAL AND PRICE SCHEDULE (Amount in Rupees

Sl. No. Description

Basic unit price (a)

Qty for Rate Contract(b)

TCO (a*b)

1 Microsoft Windows 10 Pro OSLicense for PCs/Laptop(Perpetual)

2000

2 Microsoft Windows Server 2019 License (core based licensing- 1 license provide entitlement for usage of 16 cores) ( Down gradable to Windows server 2016/Windows Server 2012 R2)(Perpetual)

527

Group A Grand Total TCO =(1+2) To be considered for L1 purpose

1 Microsoft Windows 7 Extended Security Updates 2020 Licenses along per Device

10000

2 Microsoft Windows 7 Extended Security Updates 2021 Licenses along per Device

3000

3. Microsoft Windows Server2008/2008 R2 Extended Security Updates Licenses (1 Year)

55

Group B Grand Total TCO =(1+2+3) To be considered for L1 purpose



Note:

1. Unit price of all items, including optional items as well as TCO must be quoted in WORDS AND FIGURES.

2. The Total cost should be inclusive of Exciseand all other charges but exclusive of sales tax, VAT, service tax,GST and local taxes, if any, shall be payable by the Bank at actual on date of invoicing.

3. In case of any discrepancy, unit price quoted in words will be considered for computation of TCO.

4. Cost comparison will be on the basis of total cost of ownership calculated as explained above.

5. The indicative commercial offer shall be on a fixed price basis. The Total cost should be inclusive of Excise Duty and all other charges but exclusive of sales tax, VAT, service tax, GST and local taxes.

6. Bank will not pay any Labour charges for transportation, installation of hardware items separately. All such costs, if any, should be absorbed in the above TCO.

7. The numbers of units mentioned above are notional for arriving at L1 value. The actual numbers of units may varyand purchase order shall be placed in phased manner based on actual requirements of the Bank from time to time during the contract period.

8. The quantity of Windows 7 Extended Security Updates 2021 along per devices mentioned in the above table are only indicative. The actual quantity of the same will be intimated to the successful bidder at the beginning of Year 2 and payment will be made accordingly.

Authorized Signatories (Name & Designation, seal of the firm)



Annexure 20 Compliance Form

(Declaration for Technical Compliance) Technical Specification We certify that the systems/services offered by us for tender confirms to the specifications stipulated by you with the following deviations

List of deviations

1) ___________

2 )

3 )

4 )

Signature:

Name

Date

Seal of company:

(If left blank it will be construed that there is no deviation from the specifications given above)



Annexure-21

Terms and Conditions of Contract (TCC)

1. Definitions 1.1. In this Contract, the following terms shall be interpreted as indicated:

(a) “The Goods” means all software products,services,scope of work and deliverables to be provided by a Bidder as describes in the RFP and includes services ancillary such as provision of technical assistance, training and other obligation of Service Provider covered under this RFP.

(b) “The Bank” means the Bank of India; (c) “The Services” means those services ancillary to the supply of the

Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training and other such obligations of the Supplier covered under the Purchase Contract;

(d) “TCC” means the Terms and Conditions of Contract contained in this

section; (e) “The Supplier” or “the Vendor” means the individual or firm supplying

or intending to supply the Goods and Services under this Contract; and (g) “The Project Site” means various branches/administrative offices of

Bank of India.

(h) Installation by vendor” means installing the hardware with standard drivers and demonstrate the working to the Bank personnel. Configuring the hardware to work with the Application software falls within the purview of the Application vendor.

1.2 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 binding and final on the Bidder.

2. Country of Origin 2.1 All goods and related services to be supplied under the Contract shall have

their origin in eligible source countries, as per the prevailing Import Trade Control Regulations in India.

2.2 For purposes of this clause, “origin” means the place where the goods are

produced, or the place from which the related services are supplied. Goods are produced when, through manufacturing, processing or substantial and



major assembly of components, a commercially-recognized product results that is substantially different in basic characteristics or in purpose or utility from its components.

3. Standards 3.1 The Goods supplied under this Contract shall conform to the standards

mentioned in the Technical Specifications, and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the institution concerned.

4. Use of Contract Documents and Information 4.1 The Supplier shall not, without the Bank’s prior written consent, disclose the

Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Bank in connection therewith, to any person other than a person employed by the Supplier in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

4.2 The Supplier shall not, without the Bank’s prior written consent, make use of

any document or information enumerated in this document except for purposes of performing the Contract.

4.3 Any document, other than the Contract itself, shall remain the property of the

Bank and shall be returned (in all copies) to the Bank on completion of the Supplier’s performance under the Contract, if so required by the Bank.

5. Proposal Ownership

The proposal and all supporting documentation submitted by the bidders shall become the property of Bank unless the Bank agrees to the bidders' specific requests, in writing, the proposal and documentation to be returned or destroyed.

6. Tender/RFP Cancellation

The Bank reserves the right to cancel the Tender/RFP at any time without assigning any reasons whatsoever.

7. Evaluation of Offers

Each Recipient acknowledges and accepts that the Bank may, in its sole and absolute discretion, apply whatever criteria it deems appropriate in the selection of organisations, not limited to those selection criteria set out in this RFP document.



The issuance of RFP document is merely an invitation to offer and must not be construed as any agreement or contract or arrangement nor would it be construed as any investigation or review carried out by a Recipient. The Recipient unconditionally acknowledges by submitting its response to this RFP document that it has not relied on any idea, information, statement, representation, or warranty given in this RFP document.

8. Performance Security

8.1 Within 7 days of the award of Purchase order by the Head Offices, the Supplier shall furnish to the Bank, the Performance Security for an amount equivalent of amount of 10 % of the value (as per PO issued by respective Head Offices). The BG should be in favour of respective Head Offices valid for 1 year. The format of BG will be given by the Bank(Annexure 11).

8.2 100% of the value of the equipment as per PO will be paid upon submission of

the Bank Guarantee of 10% of the value as mentioned in above clause. Provided that the Bank may, having regard to the value and/or nature of the goods of the purchase contract and, at its sole discretion, waive the performance guarantee

8.3 The Bank shall be at liberty to set off/adjust the proceeds of the performance

security towards the loss, if any, sustained due to the supplier’s failure to complete its obligations under the contract. This is without prejudice to the Bank’s right to proceed against the Supplier in the event of the security being not enough to fully cover the loss/damage.

8.4 The Performance Security shall be a bank guarantee issued by a Public

Sector/Private Sector /Scheduled Commercial Bank in India, other than Bank Of India acceptable to the Bank, in the form provided in Bid Form and Other Formats and denominated in Indian Rupees

8.5 Bank shall be within its rights to invoke the performance guarantee without any

notice to the Vendor, if the Vendor in the opinion of Bank has delayed or failed to perform its obligations under the contract to the satisfaction of the Bank, or in the event of the Bank terminating the contract and/or the Vendor failing to pay the Penalty /Liquidated Damages payable to the Bank

8.6 The performance security will be discharged by the Bank and returned to the Supplier not later than thirty (30) days following the date of completion of the Supplier’s performance obligations under the Contract, including any warranty obligations under the contract.

8.7 In the event of any contract amendment, the Supplier shall, within 7 days of

receipt of such amendment, furnish the amendment to the Performance Security, rendering the same valid for the duration of the Contract, as amended for further period of 60 days thereafter.



8.8 This 10% of the Performance Security is to be submitted to the Head Office as

per the amount of the Purchase Order. This Performance security will be in addition to the Performance Guarantee of Rs.50 Lakh submitted at the HeadOffice level and will be valid for the Service Periodi.e three year.

9. Inspection and Quality Control Tests 9.1 In case of violation/ infringement of patent/ trademark/ copyright/ trade secret

or industrial design or any other Intellectual Property Right of third party, Service Provider shall, after due inspection and testing, without any additional cost (a) procure for the Bank the right to continue to using the Software supplied; or (b) replace or modify the Software to make it non-infringing so long as the replacement to or modification of Software provide substantially equivalent functional, performance and operational features as the infringing Software which is being replaced or modified; or (c) to the extent that the activities under clauses (a) and (b) above are not commercially reasonable, refund to the Bank all amounts paid by the Bank to Service Provider under this RFP/Agreement.

9.2 The inspections and quality control tests may be conducted on the premises of

the Supplier, at point of delivery and / or at the Goods’ final destination. If conducted on the premises of the Supplier, reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors, at no charge to the Bank.

9.3 Should any inspected or tested Goods fail to conform to the Specifications, the

Bank may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements, free of cost, to the Bank.

9.4 Nothing stated hereinabove shall in any way release the Supplier from any

warranty or other obligations under this Contract.

10. Factory Testing

Bank reserves the right, but not under any obligation, to undertake a pre-shipment inspection of the hardware items in a factory test environment. For this purpose, Bank's personnel or authorized representative may have to visit the factory site and the expenditure for the same will be borne by Bank. Bidder has to arrange necessary permission, if any.

11. Manuals and Drawings 11.1 Before the goods and equipment are taken over by the Bank, the Supplier shall

supply operation and maintenance manuals together with drawings, wherever applicable, of the goods. The manuals and drawings shall be in English.

11.2 Unless and otherwise agreed, the goods and equipment shall not be considered to be completed for the purpose of taking over, until such manuals and drawings



have been supplied to the Bank.

11.3 For the System & Other Software, the following will apply:

The Supplier shall provide complete and legal documentation of all operating systems. The Supplier shall also provide licensed software for all software products, whether developed by it or acquired from others. The Supplier shall also indemnify the Bank against any levies/penalties on account of any default in this regard.

13. Delivery and Documents 13.1 Delivery of the Goods shall be made by the Supplier within 2 weeks from the

date of purchase Order. The details of shipping and/or other documents to be furnished by the Supplier are specified hereunder:

(i) 3 copies of Supplier’s invoice showing contract number, goods

description, quantity, and unit price and total amount; (ii) Delivery note, acknowledgement of receipt of goods from the Consignee: (iii) 2 Copies of packing list identifying contents of each package;(If required) (iv) Insurance certificate.In case the Bidder is taking the global insurance

certificate , then he may submit self certificatedulty signed by authorised person for the period & percentage as mentioned in the RFP .

(v) Manufacturer’s / Supplier’s warranty certificate; (vi) Inspection certificate issued by the nominated inspection agency, if any,

and the Supplier’s factory inspection report and Quality Control Test Certificates,

vii) Octroi Invoice

The above documents shall be received by the Bank before arrival of Goods (except where it is handed over to the Consignee with all documents) and, if not received, the Supplier will be responsible for any consequent expenses.

14. Road Permit

In case of delivery ,to the areas where Road Permit is required for transportation of goods, it is the responsibility of Bidders to provide the same making all the arrangements required in advance without any extra cost to the Bank. However Bank will provide any letter, if required by the Bidders for carrying out the task.

15. Insurance



15.1 The insurance shall be for an amount equal to 110% percent of the value of the Goods (CIF) from “Warehouse to final destination” on “All Risks” valid for a period not less than 1 month after installation and commissioning and issue of acceptance certificate by the Bank.

Should any loss or damage occur, the Supplier shall –

(a) initiate and pursue claim till settlement, and (b) promptly make arrangements for repair and/or replacement of any

damaged item/s irrespective of settlement of claim by the underwriters.

16. Transportation 16.1 Where the Supplier is required under the Contract to transport the Goods to a

specified place of destination within India, transport to such place of destination in India, including insurance and storage, as shall be specified in the Contract, shall be arranged by the Supplier, and the related costs shall be included in the Contract Price.

17. Incidental Services 17.1 The incidental services to be provided are as under:

(a) Performance of on-site assembly and start-up of the supplied operating system and other software packages;

(b) Furnishing of appropriate device drivers, system design and programming

services required for development and/or maintenance of the supplied Goods;(If required)

(c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods and equipment;

(d) Training of the Bank’s personnel at the Supplier’s office or other facility, in the

installation and operation of the computer hardware, utilities and all contracted software, as specified in TCC Clause 38.(Online training may be conducted)

18. Spare Parts 18.1 As specified in the TCC, the Supplier may be required to provide any or all of

the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier:

(a) Such spare parts as the Bank may elect to purchase from the Supplier,

provided, that this election shall not relieve the Supplier of any warranty obligations under the Contract; and



(b) In the event of termination of production of the spare parts: (i) advance notification to the Bank of the pending termination, in sufficient

time to permit the Bank to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the Bank, the blueprints, drawings, and specifications of the spare parts, if requested.

19. Warranty 19.1 The Agreement /SLA will be valid for the period of three year. The Bank

reserves the right to terminate the Agreement as per the terms of the RFP. All the warranties held by or in the name of the supplier shall be assigned or transferred as-is, in the name of the bank. The supplier shall execute any and all such documents as may be necessary in this regard.

19.2 The warranty shall be for the period as offered by OEM and shall start from date

of acceptance of the Goods.The Supplier shall, in addition, comply with the performance guarantees specified under the Contract. If, for reasons attributable to the Supplier, these guarantees are not attained in whole or in part, the Supplier shall, make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests in accordance with Terms and Conditions.

19.3 The warranty would be on-site and comprehensive in nature and back to back

support from the OEM. The vendor will warrant all the software against defects arising out of faulty design, materials and media workmanship etc. The vendor will provide support for software components during the contract period. Defective software shall be replaced by the vendor at his own cost, including the cost of transport and and the downtime should not be more as specified in the SLA.

19.4 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.

19.5 The Bank shall promptly notify the Supplier in writing of any claims arising under

this contract. Upon receipt of such notice, the Supplier shall with all reasonable speed, in any case not later than 2 days, repair or replace the defective goods



or parts thereof, without cost to the Bank 19.6 If the Supplier having been notified, fails to remedy the defect(s) within 1

dayfrom the of receipt of such notice , the Bank may proceed to take such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Bank may have against the Supplier under the Contract.

. 20. Maintenance Service 20.1 Free on-site maintenance services shall be provided by the Supplier during the

period of warranty. Professionally qualified personnel who have expertise in the hardware and system software supplied by the vendor will provide these services

Response Time

20.2 The maximum response time for a maintenance complaint (i.e. time required for Supplier’s maintenance engineers to report(Online Support) to the installations after a request call / telegram / fax /e-mail is made or letter is written) shall not exceed 2 hours from the receipt of such communication. Any delay in response should attract penalty.

Resolution Time 20.3 The Vendor shall repair or replace defective parts except all consumables at

no extra cost to the Bank. The Vendor shall ensure that faults and failures intimated by Bank as above are set right within 24 hours of being informed of the same . Delay in providing the resolution will attract penalty as per the SLA.

20.5 For the System and other Software, the following will apply:

(a) The vendor shall supply standard software packages published

by third parties in or out of India in their original publisher-packed

status only, and should have procured the same either directly

from the publishers or from the publisher's sole authorized

representatives only.

(b) The Vendor shall provide complete and legal documentation of

all subsystems,licensed operating systems, licensed

systemsoftware, licensed utility software and other licensed

software. The Vendor shall also provide licensed software for

all software products whether developed by it or acquired from

others. There shall not be any default in this regard.



(c) In case the Vendor is providing software which is not his

proprietary software then the Vendor must submit evidence in the

form of agreement he has entered into with the software vendor

which includes support from the software vendor for the proposed

software for the full period required by the Bank.

(d) The vendor shall explicitly absolve the Bank of any responsibility

/ liability for use of system / application software delivered along

with the equipment, (i.e. the vendor shall absolve the Bank in all

cases of possible litigation / claims arising out of any copyright /

license violation) for software(s) published either by third parties,

or by themselves.

(e) The Bidder shall procure and provide a non-exclusive, non-

transferable, perpetual and irrevocable (provided that the license

shall be revocable only in the event of established and proven

infringement of the intellectual property rights of the Software by

the bank) license to the Bank Software to be provided as a part

of the Project ( Extended Security Updates and being provided

for a period of 2 year for Windows 7, they cannot be considered

as a perpetual license).The perpetual licenses should not be

revoked in any of the circumstancesThe Software will be used at

any of the Branches without restriction, but subject to the term

and conditions of this Agreement and the Software shall be

assignable/transferable to any successor entity of the Bank

Provided however that with respect to the enterprise wide

licenses to be utilized for the CBS (Core banking Solution), in

addition to the rights of Bank’s contained in this Clause and the

rights contained elsewhere in this RFP/ Agreement, the following

shall be applicable:

i)Such license shall be transferable/assignable to any entity

formed through the inter-se merger of the bank at no

additional cost to the Bank subject to applicable law.

ii) Such licenses shall be expandable to all the (current and

future) Branches of the Bank at no additional cost to the

Bank.

iii)Suchlicenses shall be transferable/assignable/applicable

to all the banks acquired by the Bank ( Bank of India) at

no additional cost to the Bank provided that such banks

continue to be sponsored by the Bank.

iv) Such licenses shall be

transferable/assignable/applicable to the resultant entity in

the event of the merger of the Bank, provided however that

the resultant entity shall be entitled to utilize such licenses

only for such number of Branches of the as it stood on the



date such amalgamation/ restructuring is completed and

taken effect.

(f) Notwithstanding the above, it is hereby agreed that any use of the

Software under this RFP/Agreement, by the Bidder of the Bank

would be considered as the permitted use under this

RFP/Agreement. However, such Bidder will not possess any

licensing or sub licensing rights of the Hardware/Software and

shall only have the right of permitted and limited use of the

Hardware/Software to provide services to Bank.

21. Acceptance Procedure

21.1 On successful completion of installation, commissioning, acceptability

test, receipt of deliverables, etc., the acceptance certificate (Annexure-12)

signed by the Vendor and the representative of the Bank will be issued.

The date on which such certificate is signed shall be deemed to be the

date of successful commissioning of the systems.

21.2 Training shall be conducted on the dates mutually agreed up on and within

two months from the date of acceptance of supply. 21.3 On successful completion of acceptance testing i.e. receipt of

deliverables/Licenses , and the Bank is satisfied with the working on the system. The acceptance certificate will be jointly prepared with the selected Bidder at the time of the execution of the project.

22. Payment

22.1 Payment will be released by the HeadOffice who will place order for supply of software items and upon submission of invoices

22.2 Head Officewill be single point of contact. 22.3 No advance payment will be made against purchase order.

22.4. Payment shall be made in Indian Rupees, in the following manner:

(i) On Delivery: Ninety (90%) of the order value on supply of the Software

ordered, and Bank's acceptance of the Software ordered. Wherever delivery could not be carried out by the vendor due to the site not being ready even after 30 days after the last date for delivery mentioned in the purchase order, the payment would be released upon Vendor’s submission of a certificate from the location concerned, duly signed (with the office-seal affixed) by the Bank’s authorities concerned that site is



not ready. In such a case, the Vendor has to give an undertaking to complete delivery within a week of being informed that the site is ready. As already stated, for reasons of delays in installation not attributable to the Bank and/or in the absence of vendor submitting the certificate within the stipulated period as mentioned herein, the liquidated damages would be levied as stated above and

(iii) Balance 10% will be paid either after the expiry of Manufacturer’s

warrantee period Or

Against submission of BG issued for 10 % of Software value (as per PO issued by respective Head Office).The BG should be in favour of respective Head Office valid for the warranty period of the. The format of BG will be given by the Bank. (Format Annexure 11)

22.5. For all the payments to be made against bank guarantees, the bank guarantees shall be issued by a public sector/ private sector /Scheduled CommercialBank in India (other than Bank of India) acceptable to the Bank, in the format enclosed.

22.6. Bank shall release the payment, if everything is in order, not later than 30 days upon receipt of Invoices and other supporting documents. In case Bank seeks clarifications with regard to the invoice and the documents submitted, in such case, it shall be 30 days from the last clarification sought in that regard.

22.7 Payments will not be released for any part-shipment or short-shipments.

22.8 Payments will be released by the IT Department of the Head Office within 30 days of receipt of Invoices accompanied by copy of Delivery Challan and Installation Report duly signed by the In-Charge of the location where the equipment has been delivered and installed.

23. Prices 23.1 Prices payable to the Supplier as stated in the Contract shall be firm and not

subject to adjustment during performance of the Contract, irrespective of reasons whatsoever, including exchange rate fluctuations, changes in taxes, duties, levies, charges etc.

23.2 Vendors will get the insurance cover for all risk upto the delivery, installationand acceptance of Hardware items. The cost of the same will be borne by the vendor. A copy of insurance policy should be provided by the vendor at the time of installation of the hardware

23.3 The bidders should quote prices strictly as per the price composition stated above failing which the offers are likely to be rejected.



24. Contract Amendments

24.1 No variation in or modification of the terms of the Contract shall be made, except by written amendment, signed by the parties.

25. Assignment 25.1 The Supplier shall not change its constitution, share holding, and/or assign,sub

contract, in whole or in part, its obligations to perform under the Contract, except with the Bank’s prior written consent.

26. Subcontracts 26.1 The Supplier shall notify the Bank in writing of all subcontracts awarded under

the Contract, if not already specified in the quotation. Such notification, in the original quotation or later, shall not relieve the Supplier from any liability or obligation under the Contract. Sub-contract shall be only for bought-out items and sub-assemblies.

26.2 Subcontracts must comply with the provisions of TCC. 27. Delays in the Supplier’s Performance 27.1 Delivery of the Goods and performance of Services shall be made by the

Supplier in accordance with the time schedule prescribed by the Bank. 27.2 If at any time during performance of the Contract, the Supplier or its

subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the Bank in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier’s notice, the Bank shall evaluate the situation and may, at its discretion, extend the Suppliers’ time for performance, with or without liquidated damages, in which case, the extension shall be ratified by the parties by amendment of the Contract.

27.3 Except as provided in the above clause, a delay by the Supplier in the

performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages, unless an extension of time is agreed upon without the application of liquidated damages.

28. Liquidated Damages 28.1 If the Supplier fails to deliver any or all of the Goods or perform the Services

within the time period(s) specified in the Contract, the Bank shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to 1.00 percent per week or part thereof of contract price subject to maximum deduction of 10% of the delivered price of the delayed Goods or unperformed services for each week or



part thereof of delay, until actual delivery or performance. Once the maximum is reached, the Bank may consider termination of the Contract.

This shall be without prejudice to the other right and remedies of the Bank

including claiming actual damages from the Vendor. Bank shall also be within its right to deduct the said amounts from the Contract Price.

29. Fraud and Corrupt Practices:

29.1 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.

29.2 Without prejudice to the rights of the Bank under 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.

29.3 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 three 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

(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.

30. Termination for Default 30.1 The Bank, without prejudice to any other remedy for breach of Contract, by a

written notice of default sent to the Supplier, may terminate the Contract in whole or in part:

(a) if the Supplier fails to deliver any or all of the Goods and Services within

the period(s) specified in the Contract, or within any extension thereof granted by the Bank;

Or (b) if the Supplier fails to perform any other obligation(s) under the Contract.

30.2 In the event the Bank terminates the Contract in whole or in part, it may procure,

upon such terms and in such manner as it deems appropriate, Goods and Services similar to those undelivered, and the Supplier shall be liable to the Bank for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

31. Force Majeure 31.1 Notwithstanding the provisions of TCC, the Supplier shall not be liable for

forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that it’s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.



31.2 For purposes of this clause, “Force Majeure” means an event beyond the control of the Supplier and not involving the Supplier’s fault or negligence and not foreseeable such as acts of the Govt. in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.

31.3 If a Force Majeure situation arises, the Supplier shall promptly notify the Bank

in writing of such condition and the cause thereof. Unless otherwise directed by the Bank in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

32. Termination for Insolvency 32.1 The Bank may, at any time, and at its sole discretion terminate the Contract if

bankruptcy or insolvency proceedings are initiated against the Supplier/Bidder In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Bank.

33. Termination for Convenience 33.1 In addition to the right of the Bank to terminate the contract for the

delayed/unsatisfactory/nonperformance of the Vendor and/or for various reasons detailed in the Service Level Agreement to be executed with the Bank, the Bank shall also be entitled to terminate the Contract at any time for its convenience by giving one month notice to the Vendor.The Bank, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience..

33.2 The Goods that are complete and ready for delivery within 7 days after the

Supplier’s receipt of notice of termination shall be accepted by the Bank at the Contract terms and prices. For the remaining Goods and Services, the Bank may elect to have any portion completed and delivered at the Contract terms and prices.

33.3 It is hereby clarified that the termination for convenience shall be without any

compensation to the Vendor and in case of termination for any reason, the Bank shall not be liable to pay any fee/consideration for the contract which is not performed. It is also clarified that the Vendor shall not be entitled to terminate the contract

34. Cancellation of contract and compensation

The Bank reserves the right to cancel the contract of the selected Bidder and recover expenditure incurred by the Bank on the following circumstances.

The selected Bidder commits a breach of any of the terms and conditions of the tender/contract.



The selected Bidder becomes insolvent or goes into liquidation voluntarily or otherwise

The progress regarding execution of the contract, made by the selected Bidder is found to be unsatisfactory.

If the delivery of goods delayed by more than two weeks from the due date of delivery / If deductions on account of liquidated Damages exceeds more than 5% of the total contract value

If the selected Bidder fails to complete the due performance of the contract in accordance with the agreed terms and conditions

An attachment is levied or continues to be levied for a period of 7 days upon effects of the tender.

Bidder failing to execute the contract document. 35. Resolution of Disputes 35.1 The Bank and the Supplier 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.

35.2 If, after thirty (30) days from the commencement of such informal negotiations,

the Bank and the Supplier have been unable to resolve amicably a Contract dispute, 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, adjudication in an agreed national forum.

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

a) In case of Dispute or difference arising between the Bank and a Supplier 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, by a sole Arbitrator appointed by the Bank and the Supplier.

b) Arbitration proceedings shall be held at Mumbai, India, 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 Arbitrator 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; and

36. Governing Language The governing language shall be English.



37. Applicable Law The Contract shall be interpreted in accordance with the laws of the Union of

India and the Supplier shall agree to submit to the courts under whose exclusive jurisdiction the Registered Office of the Bank falls.

38. Order Splitting

38.1 Bank will shortlist one vendor for supply of OS license and order will be placed to L1

38.2 In case L 1 vendor is not willing to match the price, Bank will call L2,L3, L4 vendors etc accordingly.

39. Notices 39.1. The following shall be the address of the Bank and Supplier.

Bank’s address for notice purposes: General Manager Bank of India, Head office, Information Technology Department, Star House 2, C-4, “G” Block, 8th Floor, West Wing, Bandra-Kurla Complex, Bandra (East), Mumbai-400-051.

Supplier’s address for notice purposes: ............................................. ............................................. ............................................. .............................................

39.2 A notice shall be effective when delivered or on the notice’s effective date whichever is later.

40. Taxes and Duties The Supplier will be entirely responsible for all applicable taxes, duties, levies,

charges, license fees, road permits, etc. in connection with delivery of products at site including incidental services and commissioning. However Sales Tax / VAT/ServiceTax/GST will be paid extra. Payment of Octroi, entry-tax, alone, if applicable, will be made at actuals, on production of suitable evidence of payment by the Supplier.



40.2 Income / Corporate Taxes in India: The Supplier shall be liable to pay all corporate taxes and income tax that shall be levied according to the laws and regulations applicable from time to time in India and the price bid by the Supplier shall include all such taxes in the contract price.

40.3 Tax deduction at Source:

Wherever the laws and regulations require deduction of such taxes at the source of payment, the Bank shall effect such deductions from the payment due to the Supplier. The remittance of amounts so deducted and issuance of certificate for such deductions shall be made by the Bank as per the laws and regulations in force. Nothing in the Contract shall relieve the Supplier from his responsibility to pay any tax that may be levied in India on income and profits made by the Supplier in respect of this contract.

40.4 The Supplier’s staff, personnel and labour will be liable to pay personal income

taxes in India in respect of such of their salaries and wages as are chargeable under the laws and regulations for the time being in force, and the Supplier shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations.

41. Supplier Integrity The Supplier is responsible for and obliged to conduct all contracted activities

in accordance with the contract using state-of-the-art methods and economic principles and exercising all means available to achieve the performance specified in the Contract.

42. Supplier’s obligations The Supplier is obliged to work closely with the Bank’s staff, act within its own

authority and abide by directives issued by the Bank and implementation activities.

The Supplier will abide by the job safety measures prevalent in India and will

free the Bank from all demands or responsibilities arising from accidents or loss of life, the cause of which is the Supplier’s negligence. The Supplier will pay all indemnities arising from such incidents and will not hold the Bank responsible or obligated.

The Supplier is responsible for managing the activities of its personnel or sub-

contracted personnel and will hold itself responsible for any misdemeanors. The Supplier/Bank will treat as confidential all data and information about the

Supplier/Bank/Contract, obtained in the execution of this tender, in strict confidence and will not reveal such information to any other party unless and until mutually agreed.



43. Patent Rights In the event of any claim asserted by a third party of infringement of copyright,

patent, trademark or industrial design rights arising from the use of the Goods or any part thereof in India, the Supplier shall act expeditiously to extinguish such claim. If the Supplier fails to comply and the Bank is required to pay compensation to a third party resulting from such infringement, the Supplier shall be responsible for the compensation including all expenses, court costs and lawyer fees. The Supplier shall on a mere demand by the Bank reimburse whatever expenses incurred by the Bank in this regard, within a period of 7 days of receipt of demand.

44. Site preparation and installation The Bank is solely responsible for the construction of the hardware sites in

compliance with the technical and environmental specifications defined by the Supplier. The Bank will designate the installation sites before the scheduled installation date, to allow the Supplier to perform a site inspection to verify the appropriateness of the sites before the installation of the hardware.

45. Training For each software component installed, the Supplier is required to train the

designated Bank’s technical and end-user personnel to enable them to effectively carrying out the OS installation. The number of users to be trained and the duration of the training shall be as specified in the Invitation for Quotation or as quoted by the Bank in his Quotation. The venue, arrangements for provision of hardware/software and costs for the training shall be as specified in the Invitation for Quotation.

46. Technical Documentation The Technical Documentation involving detailed instruction for operation and

maintenance is to be delivered with every unit of the equipment supplied. The language of the documentation should be English.

47. Right to use defective equipment If after delivery, acceptance and installation and within the guarantee and

contract period, the operation or use of the equipment proves to be unsatisfactory, the Bank shall have the right to continue to operate or use such equipment until rectification of defects, errors or omissions by repair or by partial or complete replacement is made without interfering with the Bank’s operation.On successful completion of acceptance testing i.e. receipt of deliverables/Licenses , and the Bank is satisfied with the working on the system. The acceptance certificate will be jointly prepared with the selected Bidder at the time of the execution of the project.



48. Standards

All standards to be followed will adhere to Bureau of Indian Standards (BIS) specifications or other acceptable standards like ANSI, IEEE, ISO, X/Open etc.

Please note that any quotation which does not provide the above information in the specified formats is likely to be rejected and the Bank will not enter into any correspondence with the vendor in this regard. You are requested to quote only one model against each item.

49. Bank’s Right to reject any or All Bids The Bank reserves the right to accept or reject any Bid, and to annul the Bidding

process and reject all Bids at any time, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Bank’s action.

50. Contract Agreement

The Vendor shall execute the Contract Agreement/Service level Agreement in the format devised by the Bank.

51. No Legal Relationship No binding legal relationship will exist between any of the Recipients / Respondents and Bank of India until execution of a contractual agreement.

52. Compliance with law

The Vendor shall undertake to observe, adhere to, abide by, comply with and notify the Bank about all laws in force or as are or as made applicable in future, pertaining to or applicable to them, their business, their employees or their obligations towards them and all purposes of this contract and shall indemnify, keep indemnified, hold harmless, defend and protect the Bank and its employees/officers/staff/ personnel/representatives/agents from any failure or omission on its part to do so and against all claims or demands of liability and all consequences that may occur or arise for any default or failure on its part to conform or comply with the above and all other statutory obligations arising there from. Further the Vendor shall promptly and timely obtain all such consents, permissions, approvals, licenses, etc., as may be necessary or required for any of the purposes of this project or for the conduct of their own business under any applicable Law, Government Regulation/Guidelines and shall keep the same valid and in force during the term of the project, and in the event of any failure or omission to do so, shall indemnify, keep indemnified, hold harmless, defend, protect and fully compensate the Bank and its employees/ officers/ staff/ personnel/ representatives/agents from and against all claims or demands



of liability and all consequences that may occur or arise for any default or failure on its part to conform or comply with the above and all other statutory obligations arising there from and the Bank will give notice of any such claim or demand of liability within reasonable time to the Vendor. The Vendor is not absolved from its responsibility of complying with the statutory obligations as specified above. Indemnity would not be limited to court awarded damages and shall include indirect, consequential and incidental damages. Indemnity would cover damages, loss or liabilities suffered by the Bank arising out of claims made by its customers and/or regulatory authorities.

53. Violation of Terms

Bank shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the Vendor from committing any violation or enforce the performance of the covenants, obligations and representations contained in the Contract/RFP. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Bank may have at law or in equity, including without limitation a right for recovery of the amounts due under this contract and related costs and a right for damages.

54. Confidentiality of RFP

The RFP document is confidential and is not to be disclosed, reproduced, transmitted, or made available by the Recipient to any other person. The RFP document is provided to the Recipient on the basis of the undertaking of confidentiality given by the Recipient to Bank. Bank may update or revise the RFP document or any part of it. The Recipient accepts that any such revised or amended document will be subject to the same confidentiality undertaking. The Recipient will not disclose or discuss the contents of the RFP document with any officer, employee, consultant, director, agent, or other person associated or affiliated in any way with Bank or any of its customers or suppliers without the prior written consent of Bank.

55. Confidentiality Undertaking

By virtue of awarding the Contact to the selected Vendor and in the course of its performance, the Vendor may have access to the Confidential Information of the Bank and its Customers. The Vendor is aware that Confidential Information is valuable Information of the Bank and any disclosure of which would cause irreparable loss and damage to the Bank for which monetary compensation may not be adequate and accordingly the Vendor agrees and undertakes to hold the Confidential Information as confidential and shall not disclose the same including to any third party and the Vendor also agrees that its employees, agents, sub-contractors shall also maintain Confidentiality of the Confidential Information. The Vendor agrees that it shall neither use, nor reproduce for use in any way, any Confidential Information of the Bank. The Vendor agrees to protect the Confidential Information of the Bank with at least



the same standard of care and procedures used by them to protect its own Confidential Information of similar importance. Without limitation of the foregoing, the Vendor shall advise the Bank immediately in the event that the Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement, the Vendor shall immediately seek injunctive relief against any such person, at the Vendors cost and expenses. If the Vendor hires another person to assist it in the performance of its obligations under the Contract, or assigns any portion of its rights or delegates any portion of its responsibilities or obligations under this Agreement to another person, it shall cause its assignee or delegate to be bound by the confidentiality of the Confidential Information in the same manner as the Vendor is bound to maintain the confidentiality.

For the purpose of this clause “Confidential Information” shall mean all nonpublic information, of the Bank and its customers which is accessible by or is available to the Vendor directly or indirectly, whether in writing, oral, graphic, visual or any other tangible, intangible or electronic form including, without limitation, any and all information relating to the Bank's staff or its clients/customers (whether past, present, or future), financial data, financial results and projections, costs and prices, details of Banks employees and consultants (past, present or prospective), technologies, technical and business strategies, business and marketing plans, marketing and sales techniques, pricing and other strategies, computer programs, software tools, source codes, object codes, protocols, product descriptions, development schedules, Software positioning, choices of Software names, trade secrets or know how, customer information and Intellectual Property Rights (defined later) as well as any such information not generally known to third parties or received from others.The supplier/bidder has to agree and undertake that they shall not disclose any Bank information and will maintain confidentiality of Bank’s and it customers information etc. as per policy of the Bank and will sign “Non Disclosure Agreement” document provided by Bank. Further Such Confidential information shall not be disclosed even after termination of the project and confidential obligations shall continue to be binding and applicable without limit in point of time

56. Know Your Employee (KYE) clause

Successful bidder has to submit Undertaking on company letter head as per format given below.

1. We ___________________ (name of the company) hereby confirm that all the

Resource (both on-site and off-site) deployed/to be deployed on Bank‟s project for ___________ (Name of the RFP) have undergone KYE (Know Your Employee) process and requisite checks have been performed prior to employment of said employees as per our policy.



2. We undertake and agree to save defend and keep harmless and indemnified the Bank against all loss, cost, damages , claim penalties expenses, legal liability because of non compliance of KYE and of misconduct of the employee deployed by us to the Bank.

3. We further agree to submit the required supporting documents (Process of screening, Background verification report, police verification report, character certificate, ID card copy, Educational document, etc) to Bank before deploying officials in Bank premises for _____________ (Name of the RFP). ”

57. Minimum Wages

The bidder hereby agrees and undertakes that during the subsistence of this agreement it will not employ any personnel/individual below the Minimum Wages fixed by appropriate Government on this behalf from time to time, as per the provisions of Minimum Wages Act 1948

58. Review of Contract and performance

a) Bank shall have the right of periodical review of the performance of the bidder under the contract which would be basis of continuation or termination of the same.

b) Bank shall also have the right to review, either itself or through another agency as it may deem fit, the financial and operating performance of the bidder in order to assess the ability of the bidder to continue to meet its outsourcing/contractual obligations

59. Bank/RBI’s Right of Periodic Audit

a) Bank/RBI reserves the right to inspect and monitor/assess the progress/activities of the Services at any time during the course of the Contract / Agreement. Bank/RBI may demand and upon such demand being made, Bank/RBI shall be provided with any document, data, material or any other information, which it may require, to enable it to assess the activity and progress of the Services.

b) Bank/RBI shall also have the right to conduct, either itself or through another agency as it may deem fit, an audit to monitor the quality/performance/activities by the bidder of its obligations/functions in accordance with the standards committed to or required by Bank and the bidder undertakes to cooperate with and provide to Bank/RBI any other agency appointed by Bank, all documents and other details as may be required by them for this purpose. Any deviations or contravention identified as a result of such audit/assessment would need to be rectified by the bidder failing which Bank/RBI may, without prejudice to any other rights that it may have, issue a notice of default.



c) Vendor shall keep complete and accurate records of its activities in connection with the said contract. Vendor shall provide such details/information as may be called for by the Bank and/or the Reserve Bank of India (RBI) and also allow the Bank and RBI, their auditors, officers for inspecting, examining and auditing Vendor’s records, whenever required by Bank/RBI. Vendor will co-operate with the RBI/Bank’s internal or external auditor to assure a prompt and accurate audit. If the Bank permits the Vendor to outsource any of the activities under this contract (which shall always be in writing), the Vendor shall ensure that necessary agreement is entered into with the Agency engaged for such purpose and such agreement shall also contain necessary mandate by the said outsourced agency interalia agreeing for production of documents called for, inspection and audit of their premises and books by RBI and / or the Bank and any Agencies engaged by the Bank and / or by the RBI. Vendor shall also correct any practices which are found to be deficient if pointed out by the RBI/Bank. The Vendor is aware that failure to provide the information called for within the stipulated time to the Bank/RBI may result in RBI imposing fine on the Bank /Vendor and the Vendor agrees that all such fine shall be paid by the Vendor irrespective of whether such fine is levied on the Bank or the Vendor. Payment of fine by Vendor, shall not affect the right of the Bank/RBI to take other actions against the Vendor.

d) It is expressly agreed that nothing stated herein above shall in any way release or discharge the bidder from any warranty or other obligations / Liabilities under and in accordance with the Contract / Agreement and shall remain in force till the contract is complete.

60. Indemnity

The Vendorshall indemnify the Bank, and shall keep indemnified and hold the Bank harmless from and against any and all losses, liabilities, claims, actions, costs and expenses (including attorneys' fees) incurred/may be incurred by the Bank and also those relating to, resulting from or in any way arising out of any claim, suit or proceeding brought against the Bank including by a third party as a result of: (a) An act or omission of the Vendor, its employees, agents and sub-

contractors in the performance of the obligations under the contract and/ or

(b) Claims against the Bank and/or any legal proceedings made by employees or other persons who are deployed by the Vendor and/or by any statutory/regulatory/ govt. authority and/or

(c) Breach of any terms of the Contract and/or the Service level Agreement to be executed by the Vendor and/or breach of any representation or warranty and/or.



(d) Violation of the Confidentiality obligations by the Vendor and/or its officials/employees or any other person employed by them in connection with the Contract and/or.

(e) Breach of any of the terms of the Contract and/or Service level Agreement by the subcontractors, if subcontracting of any part is permitted by Bank and/or

(f) The Software/Deliverables supplied not being properly licensed one and/or

(g) Any breach of IPR violations by the Vendor including those of the Software/Deliverables/Materials supplied to the Bank and/or services rendered by the Vendor.

It is clarified that there shall not be any cap on the liability of the Vendor under the Indemnity and the aforementioned obligations shall survive termination of contract.



Annexure-22

SLA Terms and Conditions

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.

2. Warranty for Software Components: Onsite comprehensive

warranty of 3years .

3. The OEM/AUD should stock adequate of all items supplied..

4. 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.

5. 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.

6. On-site comprehensive warranty: The warranty would be on-site and

comprehensive in nature and back to back support from the OEM.

The vendor will warrant all the software against defects arising out of

faulty design and media workmanship etc. for a period of Three

Years from the date of acceptance of the software. The vendor will

provide support for Operating Systems during the warranty

period.The. This is applicable only for software that is supplied by

VENDOR as per RFP and not the software which bank owns or

installs in the system apart from those asked from VENDOR.

7. The bidder should be capable of providing the Microsoft products i.e.

Windows 7 Extended Security Updates (ESU) Licenses and

Windows 10 Pro Licenseunder this agreement. The vendor should

also be capable of coordinating with Microsoft to ensure all the

benefits of Windows License are provided to the bank.Windows10

Pro License shall not expire or be revoked .The perpetual licenses

should not be revoked in any of the circumstances.The bidder should

be Authorised partner of Microsoft, in case of breach at Service

Provider End, OEM should own the responsibility . The proof of

partnership and back to back contract with Microsoft should be

submitted to Bank.The bidder shall undergo separate contract with



Bank of India for fulfilling the scope as per the RFP terms and

conditions.

In case of termination of services with Service Provider, The OEM(Microsoft) should continue to offer the services to bank on finalised rates as per MAF. The perpetual license Contract and ESU Contract shall be issued in the name of Bank of India, the Bank should have authority to avail the services directly from OEM in case of any contract change with finalised service provider

8.

a) Bidder shall provide information regarding the

patches/upgrades/updates for Operating System as and

when released by Microsoft or as per requirements of the

Bank.Bidder should bring to notice of the Bank all

releases/version changes.The bidder shall keep the Bank

explicitly informed the end of support dates on related

products.

b) Service Provider is responsible for and obliged to conduct all

contracted activities in accordance with the Contract using

state-of-the-art methods and economic principles and

exercising all means available to achieve the performance

specified in the Contract.

c) Service Provider is obliged to work closely with the Bank’s

staff, act within its own authority and abide by directives

issued by the Bank from time to time and complete

implementation activities.

d) The maximum response time for a maintenance complaint

from the site of installation (i.e. time required for Vendor’s

maintenance engineers to report to the installations after a

request call / fax /email is made or letter is written) shall not

exceed 2 hours.

e)

9. The VENDOR shall ensure that faults and failures intimated by Bank

as above are set right as per the time stipulated in the table as under:

Sr.N

O Location

Timings

1 Metro/Urban/R

ural Within 24 hours



a) The penalty stated above shall be subjected to a

maximum of ten (10) % of the total value of the respective

Purchase Order.

b) Any penalty due during the Warranty period have to be paid

by the Vendor on the 20th day of the following month or within

10 days from the date of advise of penalty which ever is earlier

against the claims made by the Bank. In case of failure of the

vendor to pay the penalties, Bank will be invoking the Bank

guarantee in case ofnon adjustment of the penalty.

c) 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.

d) 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.

e) During the transition, Service Provider shall also support the

Bank on technical queries/support on process implementation

or in case of software provision for future upgrades.

f) VENDOR’S engineer vistingthe site for repair/maintenance shall make, effect in duplicate, a field call report which shall be signed by him and thereafter countersigned by the Bank’s official. The original of the field call report shall be handed over to the Bank’s official.

8. 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.

9. The VENDOR’s maintenance personnel shall be given access to the

equipment when necessary, for purpose of performing the repair and

maintenance services indicated in this agreement.

10. 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.

11. 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.

14. Delivery of the Goods shall be made by the Supplier within 2 weeks

from the date of purchase Order.Bidder is responsible for delivery of Windows Licenses. In case of damage of the property owned / leased by the Bank during Windows Licenses delivery which is attributable to Bidder, Bidder has to replace the damaged property at no cost to the Bank.

15. In the event of the Software not being delivered, installed, tested and commissioned within a period of 2/3 weeks from date of Purchase Order, a penalty of one (1) percent of the total consideration for each week of the delay, subject to maximum amount of ten (10) percent of the total consideration will be charged to vendor.

16. Future additions of Software:

16.1 The Bank would have the right to:

a) Shift supplied OS to an alternative site of its choice,

b) In any case in which the successful Bidder has received

instructions from the Bank as to the requirements for carrying out

the altered or additional substituted work which either then or later

on, will in the opinion of the finally selected Bidders, involve a

claim for additional payments, such additional payments shall be

mutually agreed in line with the terms and conditions of the order.

16.2 The warranty terms would not be considered as violated if any of

(a), (b) 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.

17. CONFIDENTIALITY:

17.1 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 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.

17.2 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.

17.3 In the event of failure of the Service Provider to render the Services

or in the event of termination of agreement or expiry of term or

otherwise, without prejudice to any other right, the Bank at its sole

discretion may make alternate arrangement for getting the Services

contracted with another vendor. In such case, the Bank shall give

prior notice to the existing Service Provider. The existing Service

Provider shall continue to provide services as per the terms of

contract until a ‘New Service Provider’ completely takes over the

work. During the transition phase, the existing Service Provider shall

render all reasonable assistance to the new Service Provider within

such period prescribed by the Bank, at no extra cost to the Bank, for

ensuring smooth switch over and continuity of services. If existing

vendor is in breach of this obligation, they shall be liable for paying a

penalty of 10% of the procurement value on demand to the Bank,

which may be settled from the payment of invoices for the contracted

period.



Annexure-23

INTEGRITY PACT

This pre-bid contract agreement (hereinafter called the Integrity Pact) is made on ___________ day of the month of ____________ 2015,

Between on one hand,

Bank of India, a body Corporate constituted under Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 having its Head Office at 239 ,VidhanBhavan Marg , Mumbai -400021(hereinafter referred to as “The Bank or the BUYER” which expression shall include its successors and assigns) AND

M/s _________________________ a Company registered under Companies Act 1956 having its registered Office at

India, (hereinafter

referred to as the BIDDER which expression shall include its successors and assigns).

Whereas the BUYER proposes to procure _______________________ and the BIDDER is willing to offer/has offered the stores/equipment, and

Both parties undertake to avoid all forms of corruption by following a system that is fair, transparent, and free from any influence of 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 said stores/equipment in a competitive price in conformity with the defined specifications by avoiding the high cost and distortionary impact of corruption on public procurement and

Enabling 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 hereto 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 to the contract, will demand, take a promise for or accept, directly, or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or advantage form 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

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 a particular 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 attempt or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

1.4 In case any such preceding misconduct on the part of such officials 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, 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.

2. Commitments of BIDDERS

The BIDDER 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:-

2.1 The BIDDER 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 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.



2.2 The BIDDER 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 in procuring the contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Bank for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with the Bank.

2.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERS shall disclose their foreign principals or associates.

2.4 BIDDERs shall disclose the payments to be made by them to agents/brokers, or any other intermediary, in connection with this bid/contract.

2.5 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 of 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 any amount been paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.

2.6 The BIDDER either while presenting the bid or during the pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the BUYER or their family members, agents, brokers or any intermediaries in connection with the contract and the details of services agreed upon for such payments.

2.7 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.

2.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.

2.9 The BIDDER shall not use improperly, for purposes 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 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.



2.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.

2.11 The BIDDER shall not instigate or cause to instigate any third person to instigate any of the actions mentioned above.

2.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of any officer of the BUYER has financial interest/stake in the BIDDERS firm, the same shall be disclosed by the BIDDER at the time of filing of tender.

The term „relative‟ for this purpose would be as defined in section 6 of the Companies Act, 1956.

2.13 The BIDDER 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.

3. PREVIOUS TRANSGRESSION

3.1 The BIDDER 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 Enterprise in India or any Government department in India that could justify BIDDER‟s exclusion from the tender process.

3.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER shall be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

4. EARNEST MONEY (SECURITY MONEY)

4.1 While submitting commercial bid, the BIDDER shall deposit an amount (to be specified in the RFP) as Earnest money/Security deposit, with BUYER through any of the following instruments:

4.1.1Bank draft in favour of Bank Of India issued by a Public Sector/Private Sector/Scheduled Commercial Bank in India other than Bank of India

4.1.2 A confirmed guarantee by any Indian Nationalised bank, promising payment of the guaranteed sum 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.

4.1.3 Any other mode through any other instrument (to be specified in the RFP).

4.2 The PBG deposit shall be valid unto a period of threeyears 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.

4.3 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 for Sanctions for Violation shall lie 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.

4.4 No interest shall be payable by the BUYER to the BIDDER on Earnest money/Security deposit for the period of its currency

5. SANCTIONS FOR VIOLIATIONS

5.1 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:

5.1.1 To immediately call of the pre-contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.

5.1.2 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.

5.1.3 To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.

5.1.4 To recover all sums 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 connection with any other contract of any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest.

5.1.5 To encash the advance bank guarantee and performance bond warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with interest.

5.1.6 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/ rescessation and the buyer shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.

5.1.7 To debar the BIDDER form participating in future bidding processes of the Bank for a minimum period of five years, which may be further extended at the discretion of the BUYER.

5.1.8 To recover all sums paid in violation of this Pact by BIDDER(s) to any middle men or agent or broker with a view to securing the contract.

5.1.9 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.

5.1.10 The BUYER will be entitled to take all or any of the actions mentioned at Para a) (i) to (x) of this Pact also on the commission by the BIDDER or anyone employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offense 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.

5.1.11 The decision of the BUYER to the effect that a breach of the provisions of this act have 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 Act.

6. FALL CLAUSE

The BIDDER undertakes that it has not supplied/is not supplying similar product/system or sub-systems at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar products/systems or sub-systems was supplied by the BIDDER to any other Ministry/Department of the Government of India or PSU 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 be refunded to the BUYER by the BIDDER if the contract has already been concluded.

7. INDEPENDENT MONITORS

7.1. The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for this Pact in consultation with the Central Vigilance Commission (Names and addresses of the Monitors to be given).

7.2. 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.

7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.

7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project procurement including minutes of meetings.

7.5. As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.

7.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction 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 id applicable to subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/Sub-contractor(s) with confidentiality.

7.7. The BUYER 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.

7.8. The Monitor will submit a report to the designated Authority of the BUYER/Secretary in the department within 8 to 10 weeks from the date of reference or intimation to him by the BUYER or BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.

8. 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 all possible help for the purpose of such examination.

9. LAW AND PLACE OF JURISDICTION

This Pact is subject to Indian law. The place of performance and jurisdiction is the seat of the BUYER.

10. OTHER

Legal Actions- The actions stipulated in this Integrity Pact are without any prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.



11. VALIDITY

11.1 The validity of this Integrity Pact shall be from the date of its signing and extend up to five 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 six months from the date of the signing of the contract.

11.2 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.

This Integrity Pact is signed on

By:

ON BEHALF OF THE BUYER ON BEHALF OF THE BIDDER

Name of the Official Name of the Official Designation Designation Bank of India M/s

Signature of Witness 1 Signature of Witness 2 Name: Name: Address: Address: