request for proposal of export data processing and...

Request for Proposal of Export Data processing and Monitoring System

Foreign Exchange Department, Trade Division, Reserve Bank of India (RBI),

Central Office invites proposals for design, development and maintenance of

the „Export Data Processing and Monitoring System‟.

The Request for Proposal (RFP) for the project is hosted on the Bank's

website (www.rbi.org.in). Interested bidders are requested to refer to the said

RFP. A pre-bid meeting is scheduled on February 08, 2013 at the address as

indicated in the RFP. The last date of submission of the final proposal is

February 22, 2013 on or before 03.00 p.m.

RESERVE BANK OF INDIA

REQUEST FOR PROPOSAL (RFP) FOR

DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF EXPORT DATA PROCESSING AND MONITORING SYSTEM

JANUARY 29, 2013

This document is the property of Reserve Bank of India (RBI). It may not be copied, distributed or recorded on any medium, electronic or otherwise, without RBI’s written permission therefor. The use of the contents of this document, even by the authorised personnel / agencies for any purpose other than the purpose specified herein, is strictly prohibited and shall amount to copyright violation and thus, shall be punishable under the Indian Law.

List of abbreviations used

AD : Authorised Dealer (Banks in India handling forex business)

DoS : Directorate of System, Central Board of Excise and Customs, (GoI)

DSIM : Department of Statistics and Information Management (RBI)

DTA : Domestic Tariff Area

DTR : Direct Transaction Reporting

EDF : Export Declaration Form

EDI : Electronic Data Interchange

EHTP : Electronic Hardware Technology Park

ENC : Export Bills Negotiated / sent for collection

EPZ : Export Processing Zones

FED : Foreign Exchange Department (RBI)

FED, RO : Regional Office of FED (RBI)

FEMA : Foreign Exchange Management Act, 1999

FIEO : Federation of Indian Export Organizations

FETERS : Foreign Exchange Transactions Electronic Reporting System

FTZ : Free trade zones

GoI : Government of India

IDBMS : Integrated Data Base Management System

NDML : NSDL Database Management Limited

PP Form : Post Parcel Form

RBI : Reserve Bank of India

SDF : Statutory Declaration Form

SEZ : Special Economic Zone

SOFTEX : Software Export Form

STPI : Software Technology Park of India

SRS : System Requirement Specification

Index

Sr No Item Page No

1 Important Points and Time schedule 2

2 Functional Requirements and scope of the work 5

3 Responsibilities and Deliverables of “System Developer” 8

4 Instructions to the Vendors 12

5 Content and Form of Response 23

6 Annex 1A- Eligibility Tender Form 28

7 Annex-1B- Technical Tender Form 30

8 Annex 1C- Commercial Tender Form 32

9 Annex 2- Performance Bank Guarantee 34

10 Annex 3-Earnest Money Deposit Bank Guarantee format 38

11 Annex-4- EXPORT DECLARATION FORM 40

12 Annex 5- Technical Evaluation Matrix 43

RFP for Export data Processing and Monitoring System

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1. Important Points and Time Schedules

1.1 Time frame for the Overall Process

The following is an indicative timeframe for the overall process. The Bank reserves the right

to vary this timeframe at its absolute and sole discretion and without providing any

notice/intimation or reasons thereof. Changes if any made to the timeframe will be conveyed

to the affected Respondents during the process.

Activity Scheduled Dates

Issue of RFP January 29,2013

Venue and Date for Pre-bid Meeting Conference Room FED, 11th floor

RBI, CO

February 08, 2013

Last date for receipt of clarifications February 15, 2013

Last date of receipt of Bids February 22, 2013

Opening of eligibility Bid February 22, 2013

1.2 Address for Communications

The CGM-in-Charge Foreign Exchange Department

Trade Division, Reserve Bank of India

Central office, Amar Building, 5th floor

Sir P.M. Road

Mumbai – 400 001

1.3 Brief Background

1. Currently, exports of goods are covered under the GR/ SDF (DTR)/ PP Form

procedure for export of goods and SOFTEX Form procedure for Software exports (in non-

physical form through wire transfer). Exporters declare the export value to the custom

authority at the time of shipment for verification and certification of the same. Once the

goods get shipped, the exporters have to lodge the relevant forms applicable in their case

(GR/SDF/PP/SOFTEX) along with shipping documents with their AD banks for handling of

the export documents and realisation of the value declared therein within the stipulated time


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period as mentioned under Foreign Exchange Management Act (FEMA) 1999 and

regulations made there under. After the documents are negotiated / sent for collection, AD

bank reports the transaction to RBI in the ENC statement through FETERS.

2. Under the FEMA 1999, it is obligatory on the part of the exporters to realize and

repatriate the full value of the exports within stipulated (unless otherwise permitted by

RBI/AD under power delegated by RBI) and the amount representing the full export value

shall be received through an Authorized Dealer bank (AD).

3. Presently under FEMA 1999, RBI receives the export data based on the exporters‟

declaration through Custom/STPI/SEZ etc.,as the case may be. The same is also reported

by the ADs as and when exporters submit the export documents to the banks for handling

the same or the export amount is realised through the banks (e.g. in case of advance

remittance). RBI (DSIM) matches the transactions and generates the unmatched list of

transactions and forward them to respective ROs/ ADs for follow-up with the exporters.

Existing architecture of data flow in respect of exports (barring services and part of project

export) is depicted through chart given below :

Chart -1: The existing system of data flow to RBI

4. Due to the huge volume of the data coupled with errors of data entry at multiple

places, it has been observed that the large number of transactions remain unmatched one to

one.


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5. With a view to removing the bottlenecks in this exercise, as per the recommendations

of a Working Group, a revised / revamped procedure of data capturing, transfer and follow

up has been decided to be implemented. The objectives of the proposed system are:

a. To harmonize the data fields received in GR/SDF/PP/Softex form and substitute the

various formats with a new format to be called Export Declaration Form (EDF) to be

used by all exporters irrespective of the fact that the items for export are goods or

software or if the export is done through non-EDI enabled port

b. To automate the data receiving /processing/ maintaining of export data received

from custom/STPI/SEZs in a secure manner.

c. To organize export data received by RBI from all channels AD bank-wise and to

push the data on selected items/fields, relevant for export follow-up purposes, to the

Nodal Offices of the AD banks from the Dedicated RBI Server.

d. To authorise AD banks uploading/updating receipt of document and receipt of

export proceeds for transactions pertaining to them, in the RBI system.

e. To provide for reporting of serious cases of default including forwarding to the

Customs & DoE for necessary action, if any.


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2. Functional Requirement and scope of the work

2.1 Export Data flow to RBI

The export transactions data (SDF(DTR)/EDF) flow to dedicated RBI secured server as

under:

(a) Goods Exports (i) Data flow from Electronic data Interchanged enabled ports

The Data of export transactions processed online at EDI-enabled customs/SEZ ports should

directly flow to Secured server of RBI on daily basis as per specified file messaging format

through Secured File Transfer. The data will flow from custom (ICEGATE server at New

Delhi)) and SEZ (NDML database at Mumbai) separately to RBI server.

(ii) Data flow from Manual Ports

Presently Customs certified manual forms are physically sent by Customs / SEZ / GPO (in

subject to export undertaken by Post under PP form procedures) authorities to the

concerned RO of FED, RBI periodically which code and then upload them on secured server

of RBI. Since some port would always remain non EDI enabled/ in respect of some exports ,

declaration in EDF in hard copy would remain, an online data entry screen or an application

for offline data entry and generating the file in a specified format for uploading the same in

the RBI database through web based system need be provided. In case of Short Shipments

/ Shut out Shipments, the data in the hard copy is transmitted by the custom authorities to

concerned ROs of RBI, for which the option of updating the same at ROs level of the records

may also be provided by the system. The proposed Export Declaration Form format is given

in Annex-IV

(b) Software Exports The Software export data from SEZ units would flow directly to the RBI server through the

“SEZ Online System” once its integration to RBI server is complete (i.e. through Secured File

Transfer). The Software export data from units in DTA areas will likewise flow electronically

to the RBI server( Secured File transfer), as per the desired format, from the automatized

data processing system which is under development with STPI, once the same is

implemented. Till the above mechanism is not implemented, the existing system of sending

SOFTEX forms / data to ROs of FED, RBI in physical / soft form by STPIs/ SEZ / EPZ / FPZ,

has to continue. The online data entry screen or an application for offline data entry of the

same as manual export of goods as mentioned above may be provided.


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2.2 Capturing Banking Data

AD banks would use the data received from RBI by them to monitor export transactions

marked to them. They would update the status of each transaction (marked to them) on the

RBI database immediately on (a) receipt of document and (b) receipt of export proceeds for

the transactions. Due authorisation would be given to AD banks for uploading/updating such

data in the RBI system.

2.3 Data dissemination to / from ADs and follow-up procedure/ Change of AD

(i) The export data received at the dedicated RBI server from all channels are to be

organized AD bank-wise and the data on selected items/fields relevant for export follow-up

purpose is to be pushed to the Nodal Offices of the AD bank from the Dedicated RBI

Server at some decided intervals (daily / weekly).

(ii) The nodal AD branches shall also be able to generate and download the shipping

data relating to them using their ID and password through the front-end interface. From data

pushed by RBI, two types of file could be generated by the ADs:

„Pending documents receipt‟ „Pending realization‟

The files should have the following details necessarily:

• AD branch (part-I) code,

• Exporter code (IE code)

• EDF form or key no.

• Port code

• Shipping bill no.(exception software exports)

• Shipping bill date

• Invoice amount

(III) The EDF and System should provide for compulsory mention of AD bank for handling

the related export documents by exporter and also subsequent change of the AD for

handling export documents or settling the realization of export proceeds with necessary RBI

approvals.

2.4 Data dissemination from RBI to DoS (CEBC) / Customs

RBI will share with DoS (CBEC) the information regarding export realisation, particularly

where documents were not submitted and proceeds were not realised beyond a prescribed

period say 3/5 years. This would be done periodically in a suitable format for use by DoS

(CBEC) for enforcement purpose.

2.5 Mode of data flow to/from RBI server :

The mode of data transmission to/ from RBI server shall be in the following manner:


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1. Server to server transmission through Secured File Transfer ,

2. Upload the data/extract the data in a report format through Web base

application.

3. Receiving /sending the data through mail.

4. Virtual Private Network (VPN) would be configured for data receiving and

dissemination to/from the RBI dedicated server

2.6 Maintenance of master files:

The system will maintain the various master files like Importer/exporter details, Bank

Master Files, Bank branches master files etc.

2.7 The proposed system architecture of export data flow and processing to RBI‟s

new secured system is as given below:


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3. Responsibilities and Deliverables of System Developer

3.1. The vendor has to prepare a document on System Requirement Specifications

(SRS) and the format of SRS reports, including detailed coverage of the same, will be

finalized in consultation with the RBI internal project team.

3.2. The vendor has to develop a web based system under the Oracle Web-logic on latest

Windows/Linux OS platform having the RDBMS in Oracle 11g and above for which RBI has

required licences. The number of the user for the system will be around 200 and above.

During development stage, any modification of system design based on recent

developments, if required, may also have to be carried out without any additional cost.

3.3. The application should be conforming to 3 Tier Architecture currently hosted in Data

Centre in HA (Active-Active) mode on latest Windows/Linux platform. The design shall

constitute following three tiers:

a. Web ( Active- Active)

b. Application ( Active- Active)

c. Database ( Active-passive)

3.4 The vendor has to first initially create the test environment and after testing of the

system at satisfactory level, the final product will be deployed at Banks‟ Primary Data centre

for Non payment applications. The same environment should be also created at DR site of

the Data Centre for the purpose of Business continuity plan (BCP) . The vendor is expected

to use the infrastructure available in the Data Centre of the Bank.

3.5 The application should support all Standard Virtual Machine (VM) hypervisors

available in the market without any performance degradation. If application needs to be

migrated to VM platform, Vendor should carry the same in seamless manner without any

additional cost. The application should also support “Private Cloud”.

3.6 The application should support IPV6.

3.7. Vendor will be responsible for implementing adequate information security measures

like access control, authentication mechanism, facility for digital signature certificates (SHA-2

with 2048 bit encryption key), as per the requirements. The application should support SSL

(https).

3.8. If necessary, in consultation with the RBI project team, the vendor may visit the

custom/STPI/SEZ offices/Nodal AD branches to understand and design the process of the

auto data flow from /to custom/STPI/SEZ offices system/Nodal AD branches to/from the

RBI secured web server


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3.9. Database implementation involves creation of central repository, creating physical

storage structure, creation of tables and indexes, setting up access controls and security

procedures, database optimization, performance tuning, etc.. Database implementation will

also involve creation of user accounts for the databases.

3.10. Data validation / quality assurance should be carried out based on the business logic

documented in the design document.

3.11. Developing end user applications, navigation, development of reports, user interface

for ad-hoc queries, facilities to export /import data to/from other popular productivity tools

such as word processors, spreadsheets etc. The user should be only able to see the

portions of database, which he is authorized to view and access based on the login names.

3.12. Creation of user accounts and mapping access privileges to user accounts, Ensuring

security maintenance procedures are in place (e.g., force changes in passwords with

specified frequency). [User accounts will have to be created for all the tasks. The login

procedures for each tasks will have to be coordinated such that user will not be required to

authenticate for each tasks / application. A single logon should be sufficient authentication

for all the applications and services of system.]

3.13. The system should provide a facility for sending acknowledgement to the

custom/SEZ/STPI after the data received at RBI server.

3.14. The vendor should document properly each and every stage of the development,

including the source codes and hand it over to the Bank. The application software, source

codes, related products, documents, manuals and any other related item generates as a

direct product from this project or as a by-product to this project are the properties of the

Bank. The vendor is not authorized to use any of these, either in part of full, without prior

permission from the Bank.

3.15. The project terms and conditions will be governed by the Agreement entered into

between the Bank and the vendor after awarding the Project.

3.16. The vendor shall provide appropriate ‟Backup Plan and Disaster Recovery Plan‟ in

the proposal. The uploading/downloading requirements, housekeeping requirements

(DC&DR site), operational requirements and future capabilities, implementation

requirements, interfaces with other systems and issues regarding Security and Controls

have to be comprehensively taken care of and provided in the total solution.

3.17. The Intellectual Property Rights (IPR), ownership of the source code of the system

will remain with the Bank. The vendor should handover the complete source code of the

solution to the Bank.


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3.18. The vendor is required to use any standard methodology for effort estimation, like

Function Point Analysis, for all purposes as will be required under this project.

3.19. The vendor is required to provide the following support during the warranty period:

(i) Onsite day-to-day maintenance of the total solution at DC

(ii) Respond to calls for troubleshooting within 2 hours.

(iii) Make configuration and customization of the solution as and when required without

any additional cost to Bank.

(iv) Undertake periodic preventive maintenance of system at DC & DR site

(v) BCP of application

(vi) performance tuning of the system in terms of accessibility and efficiency

(vii) support for any other reason that affects normal functioning of the solution

3.20. ACCEPTANCE TESTS FOR THE DELIVERABLES:

i. After thorough testing of the application software by the internal team, the vendor

needs to present the software before a selected group of users for further testing and

verification. The vendor has to arrange a user hands on during the presentation itself.

ii. The final Acceptance Test shall be carried out on the Total Solution jointly by the

representatives of the RBI and the Vendor.

iii. The Acceptance Test shall be as per the comprehensive “Acceptance Test Plan”

document to be prepared by the Vendor and accepted by RBI which shall contain

various tests to be performed for acceptance of the Total Solution offered by the

Vendor. The Acceptance Test shall be deemed to be completed only on successful

completion of the acceptance tests and issuance of the „Acceptance Certificate‟ by

the RBI to the vendor.

iv. The „Acceptance Test Plan‟ document shall be deemed to form a part of the

Agreement, to be signed between the Vendor and the RBI.

v. On the evaluation of the Acceptance Test results and if required in view of the

performance of the Total Solution, as observed during the Acceptance Test, the

vendor shall take remedial measures including up-gradation of the Total Solution or

of any component thereunder, including replacement thereof, at no additional cost to

the RBI, to ensure that the Total Solution meets the requirements of RBI as

envisaged in the Tender Document.


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3.21 Helpdesk:

(i) The vendor has to set up a helpdesk at DC to take care of day to day maintenance

of application.

(ii) Support should be from 9:30 AM to 6:00 PM from Monday to Saturday. The

support should be extended beyond the office hours, as per RBI requirement.

(iii) Additional support shall be deputed during the DR and DR drills.

The helpdesk engineer should have the following qualification and

experience.

BE/B.Tech with 60 % marks/grade and more from reputed university.

Minimum one year experience on application server and development

platform.

(iv) The vendor has to share the CV of the helpdesk engineer before deputing and the

same will be deputed after evaluation by RBI.

3.22 Training:

(i) Training programmes should be provided to various RBI user groups, such as system

administrators, data entry operators, clerks and officers. The training for the system

administrators should be sufficiently detailed so as to enable them to undertake maintenance

work internally.

(ii) Training programmes should be provided to ADs, in case required.

3.23 PROJECT TIME FRAME The time of completion shall be vital to the Contract. The successful Vendor shall

complete the whole of the works including successful commissioning within seven months

from the date of signing the contract. The warranty period will be one year from the date of

acceptance of the project by the RBI followed by seven years annual maintenance contract.

Time frame for the project including SRS, user acceptance tests is given in the table below:

Time Frame

SRS 2 months

System Design ,development, testing and UAT

5 months


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4. INSTRUCTIONS TO THE BIDDERS 4.1 ELIGIBILITY CRITERIA Bidders must meet the following eligibility requirements. Bids of non-compliant bidders will

not be technically / financially evaluated.

(i) The bidder shall provide evidence that it is a current legal entity and a company

incorporated in India and registered under Companies Act 1956.

(ii) The bidder must prove warrant that it is financially solvent.

(iii) The Bidder should have been operating in INDIA for the last 3 years

(iv) Bidder should be an ISO certified OEM or its channel partner or distributor or system

integrator or reseller

(v) Audited Balance Sheet and Profit and Loss Account for the last three financial years

shall be provided by the bidder.

(vi) The bidder must warrant that there is no legal action being taken against it for any

cause in any legal jurisdiction, either inside or outside the country. If such an action

exists and the bidder considers that it does not affect its ability to deliver the RFP

requirements, it shall provide details of the action(s).

(vii) The bidder must demonstrate that it has been engaged with at least TWO major

developments and implementation of similar project either within or outside the

country during the last 3 years which are still live. A certificate of satisfactory

development/implementation/operating from the beneficiary should be provided along

with the bid.

(viii) The Bidder shall give references (preferably in India) for carrying out at least

one site inspection opportunities where the bidder has completed a major project of

similar type.

(ix) Bidder must warrant that key project personnel to be deployed in this project have

been sufficiently involved in similar projects in the past and have the requisite domain

expertise. Bidder will also warrant that in any stage of the project, they will not disturb

the team combination, as will be indicated during bidding. Experts with additional

capabilities may join the team for value addition at any point during the project. A

short bio data of the key project personals may be submitted along with the technical

bid.

(x) Bidder must have capability to ramp up the team size (resources) at any time during

the „Project life Cycle‟ to meet the project objectives in a timely fashion

(xi) The bidder must organise the bid in accordance with the format specified in the RFP.


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4.2 THREE-STAGE BIDDING PROCESS

A three-stage bidding process will be followed for selecting the vendor. Bid in support

of eligibility criteria indicated by the RBI will be first opened up for checking. No

information other than what has been asked under Eligibility Criteria, as indicated in

Para 4.1 of this document should be submitted by the vendor. „Technical Bid‟ should

be submitted separately from the „Commercial Bid‟. The „Technical Bid‟ will contain

the exhaustive and comprehensive details of the proposed project plan and proposed

methodology to be followed for development of an “Export data processing and

Monitoring system” for RBI, while, the „Commercial Bid‟ will contain only the pricing

information. Provision of any commercial information in the Technical Bid, shall

disqualify the bidder without any further request.

4.3 BID SUBMISSION

(i) Bidders are not permitted to submit more than one bid. The bidder has

to offer the best solution available with him. The cost of bidding and

submission of the bids is entirely the responsibility of the Bidder,

regardless of the conduct or outcome of the tendering process.

Selected companies will be informed by the Bank after the technical

evaluation.

(ii) Sealed bids in accordance with the instructions should be delivered on

or before 3:00 p.m. on Feb 22, 2013. Bids may be sent by registered

post or hand delivery, so as to be received at the following address:

The CGM-in-Charge

Foreign Exchange Department Trade Division Reserve Bank of India Central office, Amar Building, 5th floor Sir P.M. Road Mumbai – 400 001

(iii) The Bids received after 3:00 p.m. on the aforesaid date will not be

accepted under any circumstances. Reserve Bank of India will not be

responsible for any delay due to postal service or any other means.


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4.4 INSTRUCTIONS FOR SEALING AND MARKING OF BIDS

(i) The bid containing the information regarding the eligibility criteria in original

and labelled 'Original Bid for Eligibility for development and implementation of

Export Data Processing and Monitoring System for RBI' shall be sealed and

addressed to the addressee as indicated earlier.

(ii) The soft copy of this bid also be submitted in Microsoft Word document

format in a CD and enclosed in 'Original bid for Eligibility'.

(iii) Technical bid in original and labelled “Original TECHNICAL Bid for

development and implementation of Export Data Processing and Monitoring

System for RBI” shall be sealed and addressed to the addressee as indicated

earlier. Copy of the commercial bid without the price information should be

submitted by the bidder along with the technical bid.

(iv) The soft copy of the Technical Bid should also be submitted in Microsoft Word

Document format in a CD and enclosed in “Original Technical Bid”.

(v) Commercial bid in original and labelled “Original COMMERCIAL Bid for

development and implementation of Export Data Processing and Monitoring

System for RBI” shall be sealed and addressed to the addressee as indicated

earlier.

(vi) The soft copy of the Commercial Bid should also be submitted in Microsoft

Word Document format in a CD and enclosed in “Original Commercial

Tender”.

(vii) All the aforesaid sealed covers of the bids should finally be submitted

in a sealed cover labelled 'Bid for development and implementation of Export

Data Processing and Monitoring System for RBI'. Any commercial information

appearing anywhere, other than the commercial bid, will disqualify the vendor

for further processing. No clarification will be sought from / furnished bythe

Reserve Bank in such case.

4.5 AMENDMENTS TO TENDER DOCUMENT Amendments to the tender document may be issued by the Bank at any time, prior to

the deadline for the submission of bids. From the date of issue, amendments to

tender document shall be deemed to form an integral part of the tender document.

The amendments, if any, will be intimated to the bidders via e-mail. For the Purpose,

the vendor is requested to indicate the contact e-mail in the tender response.


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4.6. CLARIFICATION ON THE TENDER DOCUMENTS

(i) Written requests for clarification regarding the RFP may be emailed. All the

clarifications will be given during the pre-bid meeting. The clarifications will

also be published in the website as amendments to the RFP.

(ii) A pre-bid clarification meeting will be convened by RBI tentatively on Feb 08,

2013 at conference room of RBI in FED, NCOB, Fort Mumbai-1 at 2:30 p.m.

The prospective bidder interested in attending the meeting are required to

register by sending a confirmation mail by 2 pm on Feb 06, 2013 detailing the

clarification required referring the respective paras of the RFP and also

„Person‟ details attending the meeting. Any change in the date, venue and

time will be intimated through the website (http://www.rbi.org.in).

4.7 LANGUAGE OF BIDS

All bids and supporting documentations shall be submitted in English.

4.8. DOCUMENTS COMPRISING THE BID

All bidders shall submit a tender response, as outlined in Annexure 1(A, B, C), duly

completed.

4.9. PERIOD OF BID VALIDITY

The Bids shall be valid for a period of ONE YEAR from the closing date for submission of the bid.

4.10. FORMAT AND SIGNING OF BID

The bids shall be typed or printed in a clear typeface. An accompanying letter is

required, signed by an authorised signatory of the bidder, committing the contents of

the response.

4.11. DOMESTIC PRESENCE OF THE CONSULTANTS

The bidder will have to have a presence in India (and in Mumbai, in particular) during

the entire period of contract.

4.12. ACCEPTANCE OR REJECTION OF BID

The Bank reserves the right not to accept any bid, or to accept or reject a particular

bid at its sole discretion without assigning any reason whatsoever.

mailto:[email protected]

mailto:[email protected]

http://www.rbi.org.in/


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4.13. CONDITION OF ENGAGEMENT

The engagement of the successful bidder with this project would be till its successful

implementation and for a further period of the AMC as would be indicated in the Bid.

The Bank reserves the right to terminate the services of the successful bidder at any

point of the Project.

RBI engages and appoints vendor to provide services as detailed under the scope of

the project in consideration of remuneration payable by the RBI to vendor.

4.14. Warranty:

The warranty period for the application software provided by the vendor should be

for the one year from the date of acceptance of the software by RBI. During the

period any type of maintenance will be a responsibility of the vendor at no additional

cost to the Bank. Also any modification of system design based on recent

development, if required, may also have to be carried out without any additional cost

to Bank.

4.15. ANNUAL MAINTENANCE SERVICES:

(i) The vendor has to provide an Annual Maintenance service for 7 years

after the expiry of one year warranty period of the application software

provided by them along with other components which are part of the

application software. The rate for providing this service should be quoted by

the vendor in the commercial bid. The vendor is only supposed to furnish the

first year maintenance cost in the commercial bid, which will remain firm for

first three years. Fourth year onwards till the seventh year the AMC cost will

be calculated based on the following formula.

AC = BP {15 + 45 x (WPIC / WPIP ) + 40 (CPIC / CPIP ) } x 1/100

Where,

AC = the application software maintenance amount for the current year.

Bp = the application software maintenance amount for the previous year.

WPIC = Wholesale Price Index for the month generally 6 months prior to the

commencement date of AMC for the current year.

WPIP = Wholesale Price Index for the month generally 6 months prior to the

commencement date of contract for the previous year.

CPIC = Consumer Price Index for urban non-manual employees for all India

for the month generally 6 months prior to the commencement date of

contract for the current year.


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CPIP = Consumer Price Index for urban non-manual employees for all India

for the month generally 6 months prior to the commencement date of contract

for the previous year.

(ii) Annual Service Contract amount shall be paid on Half-yearly basis after the

expiry of the six months on rendering satisfactory services. No advance

payment will be made by the Bank in any case.

(iii) The maintenance agreement, as and when executed with the Company, shall

be for the duration of one year only and the same will be renewed annually on

the Bank's choice. The Bank reserves the right to terminate the agreement

anytime without stating a reason for the same.

(iv) In case the RBI and Vendor mutually agree, AMC can be extended beyond

the initially agreed 7 years period using the same formula.

4.16. Prices

(i) All prices should be in Indian Rupees. The prices have to be firm and stable

and not subject to any price escalation.

(ii) The price is inclusive of all taxes, duties, charges and levies of State or

Central Governments, as applicable, at the date of signing the Purchase

Agreement and subject to deduction of all statutory deductions applicable, if

any. The benefits realised by the vendor due to lowering of rates of taxes,

duties, charges and levies shall be passed on by the vendor to the RBI.

(iii) The charges for travel within or outside India, stay, conveyance etc. for the

purpose of this project will not be charged extra to the Bank. The entire cost in

this regard will be borne by the vendor / inbuilt in the bid .

4.17. TERMS OF PAYMENT AND BILLING

Terms of Payment for various activities shall be as under:

(i) 30% shall be released after signing off the SRS. The payment will be released

as and when vendor will raise the invoice after singing off by the

representative of RBI and the vendor.

(ii) 40% shall be released after UAT having certified by the RBI.

(iii) 20% payment will be realised on completion of the project.

(iv) 10% of the payment shall be released after the warranty of one year.


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4.18 . BID EVALUATION PROCEDURE

(i) The first selection will be done using the eligibility criteria. The bidders are

required to submit the documents supporting the eligibility criteria. Only those bidders

will be considered for further processing of the bids who would meet the eligibility

criteria. All ineligible bidders' technical as well as commercial bids will not be

considered for further evaluation. All such bidders will be intimated by RBI in writing.

(ii) Technical comparison will be done based on the technical proposal given by

the bidders. The bidders will be evaluated based on certain parameters as indicated

in Annex V. The bidders are expected to score at least 60 per cent in the technical

evaluation to get selected for commercial comparison. Bidders experience in this

area, proposed project team composition, technical understanding of this project,

proposed methodology for project execution will be the major parameters for

evaluation. The bidders will required to make a presentation before the committee

describing all the details indicated in their bids, which will also be a part of technical

evaluation. The dates of Technical Presentation will be intimated by RBI to bidder.

Bidders shortlisted through the above procedure will be considered for commercial

comparison and will also be intimated in writing by RBI after the technical evaluation.

(iii) The commercial bid of the bidders should contain four major components:

a) The cost of the project for development and implementation

b) Annual Maintenance Charge for the first year as a percentage to (a)

c) The Man Month rate for the production support

d) The Man Month rate for the Change Management. The man month should be in 22 man days.

(iv) The amount payable by RBI i.e. the consideration amount of this project

should be as per the item (a) above. However, only item (a) ,(b) and (c) above will be

used to determine the lowest bidder by using the stipulated formula as indicated

below.

(v) The calculation of the cost for commercial comparison will be done using the

following formula:

Cost = (a) + 7 * (b) + c


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4.19. CONFIDENTIALITY

Bidder agrees that all financial, statistical, marketing and personnel data relating to

RBI‟ s business and other information identified as confidential by the RBI are

confidential information of the RBI and shall not be passed on to any other entity.

4.20. INDEMNIFICATION (i) The successful vendor shall, at its own cost and expenses, defend and indemnify the

Bank against all third-party claims including those of the infringement of Intellectual

Property Rights, including patent, trademark, copyright, trade secret or industrial

design rights, arising from use of the products or any part thereof in India. This

includes any claim arising due to unauthorised use of any third party software/tools.

(ii) The vendor shall expeditiously meet any such claims and shall have full rights to

defend itself therefrom. If the Bank is required to pay compensation to a third party

resulting from such infringement, the vendor shall be fully responsible therefor,

including all expenses and court and legal fees, even after the expiry of project

terms.

(iii) The vendor shall also be liable to indemnify the Bank, at its own cost and expenses,

against all losses/damages, which the Bank may suffer on account of violation by the

vendor of any or all national/international trade laws, norms, standards, procedures

etc.

4.21. SITE VISITS

Site visits may be sought at the discretion of the Bank. Vendor shall provide, in

addition to customer sites, an invitation to the Bank to visit vendor's own site.

4.22. NOTIFICATION OF AWARD

The acceptance of the offer from the selected bidder will be communicated in writing

at the address supplied by the bidder in his letter of interest. Any change of address

of the bidder should therefore be promptly notified to the Bank.

4.23. EARNEST MONEY DEPOSIT (EMD)

(i) The vendor shall submit Earnest Money Deposit (EMD) of Rs. ONE Lakh in form of

any Bank Guarantee from a scheduled commercial bank in favour of CGM-In-

Charge, Foreign Exchange Department , Reserve Bank of India, Mumbai, along with

its completed bids, which will be payable on demand as per the format given in


20

Annex III. The EMD bank guarantee should have validity up to 180 days from the last

date of submission of the bids.

(ii) The EMD of unsuccessful bidders shall be returned within 15 days from the date of

declaration of the disqualification. The EMD of the successful bidder shall be

returned after the successful bidder furnishes the Performance Bank Guarantee.

(iii) Offers made without the EMD will be rejected.

(iv) The amount of the Earnest Money Deposit would be forfeited in the following

scenarios:

• In the case the bidder withdraws the bid prior to validity period of the bid for any

reason whatsoever; or

• In case the successful bidder fails to accept and sign the contract as specified in

this document for any reason whatsoever; or

• In case the successful bidder fails to provide the performance bank guarantee

within 15 days from the date of placing the order by the Bank or signing of the

contract, whichever is earlier, for any reason whatsoever?

4.24. PERFORMANCE BANK GUARANTEE

The vendor shall at his own expense deposit with the CGM-In-Charge, Foreign

Exchange Department, Reserve Bank of India, Mumbai, within thirty (30) working

days of the date of notice of award of the tender, a Performance Bank Guarantee

from a scheduled commercial bank, payable on demand for an amount equivalent to

ten percent (10%) of the total cost of the project for the due performance and

fulfilment of the commitment by the vendor. The format of the bank guarantee is as

indicated in Annex II. This bank guarantee should be valid till 3 months from the date

of expiry of the project tenure.

4.25. SIGNING OF CONTRACT The vendor shall be required to enter into a contract with Reserve Bank of India, on

the basis of the Scope of Work/deliverables mentioned herein and other terms and

conditions as indicated in this RFP. Terms of the contracts are at the discretion of

the Bank and are non-negotiable.

4.26. PENALTY

Wherever delays occur because of reasons not attributable to the vendor, payment

shall be made on completion in respect of the activity concerned under that particular

milestone on a pro-rata basis. However, if the delay is attributable to vendor,

liquidated damages shall be payable by the vendor to the extent of one (1) percent

every month of the consideration payable for the milestone concerned and shall not


21

in any case exceed 5 percent of the amount payable to vendor for concerned

milestone.

4.27. JURISDICTION

All disputes and differences of any kind, whatsoever, arising out of the vendor's

propositions shall be referred by either party (the Bank or the vendor), after issuance

of 30 days notice in writing to the other, clearly mentioning the nature of the dispute /

differences, to a single arbitrator, acceptable to both the parties, for initiation of

arbitration proceedings and settlement of the dispute/s and difference/ strictly under

the terms and conditions of this contract, executed between the Bank and the

vendor. The arbitration shall be governed by the provisions of the applicable Indian

Laws. The award shall be final and binding on both the parties. The venue for

arbitration shall be at Mumbai, India.

4.28 TERMINATION

RBI, if so desire, can terminate the contract with the vendor at any time during the

period stating proper reason therefore. For the purpose, RBI will furnish a notice in

writing to the vendor. The vendor will be asked to provide in writing any clarification

against the displeasure of RBI regarding the reason for discontinuation within 15

days from the date of issue of the letter by the Bank. The part developed source

codes and all other material will be the property of the Bank. The vendor will hand

over all such material to RBI within a period of 15 days from the date of the request

from the Bank.

4.29. FORCE MAJEURE

(i) Notwithstanding anything contained under this Agreement, the Company shall

not be liable for damages or termination of this Agreement for default or non-

performance or non-completion or delays and shall be relieved of the

performance and the completion of his obligations and liabilities for delays, if

such default, non-performance, non-completion or delay in respect of the

functioning of the Company is caused by Force Majeure.

(ii) “Force Majeure” means an event, circumstance or situation beyond the control

of the Company including an event, circumstance or situation which is a result

of or caused by fire, lightning, earthquake, storm, tidal wave, flood, acts of

God, acts of public enemy, civil commotion, war, insurrections, riots, passing

of any statutory order by the competent authority/ties prohibiting performance

of such obligations and restrictions of any country affecting the export of

Goods or technology to the Company or import regulations or requirements of


22

India, whatever the causes are, which would be violated by the performance of

this Agreement. However, this does not include Company‟s default or

negligence or carelessness or failure to assess the reasonable consequences

of an act on the part of the Company, resulting in such a situation.

(iii) In the event of any such intervening Force Majeure, the Company shall notify

the Bank in writing of such circumstances and the causes thereof immediately.

(iv) Unless otherwise directed by the Bank, the Company will continue to perform,

render and discharge other obligations with due diligence as far as they can

reasonably be performed, rendered and discharged and will seek all

reasonable alternative means for the performance and the completion of the

obligations, under this Agreement, as affected by the event of Force Majeure.

(v) The Company shall resume the performance and the completion of all such

Contractual Obligations, as may be affected by Force Majeure, as soon as

practicable, after such event or events have come to an end or ceased to

exist, after notifying the Bank in writing thereof and subject to the instructions

by the Bank there against.

(vi) Continuation of the performance of this Agreement shall be reviewed by the

Parties, if the Force Majeure continues beyond sixty (60) days.


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5. CONTENT AND FORM OF RESPONSES

This chapter contains the table of contents for the tender response. In order to facilitate

evaluation and comparison of tender responses, vendor shall submit their response in this

format. A failure to do so may result in the tender being eliminated at the examination stage

as unresponsive.

Should the vendors have additional information to submit that cannot be encompassed by

the current table of contents, additional sections may be added at the end. Should use be

made of this option that is unwarranted in the opinion of the Bank, it will be regarded

unfavourably.

5.1 TENDER RESPONSE

TABLE OF CONTENTS A. Eligibility BID The format of the letter forwarding the eligibility bid should be as per Annex–I (A)

The information should be furnished in the following way in the eligibility bid

A tabular representation as indicated below should be given by the bidder for easy

understanding regarding the availabilities of the supportive documents:

Sl No. Eligibility description

Bidder's response

Supportive documents

Deviation, if any

B. TECHNICAL BID The format of the letter forwarding the technical bid should be as per the Annexure- I (B).

The Technical Bid should be in accordance with the following:

INTRODUCTION Purpose

Objectives

Scope

MANAGEMENT SUMMARY Overview of Vendor

UNDERSTANDING, PROPOSAL AND METHODOLOGY


24

In this section, it is expected that the bidder will give a detailed deliberation on their

understanding of the project. Propose a suitable solution in line with the desired plan.

Propose a methodology for designing, developing and implementing the proposed solution.

EFFORT AND TIME ESTIMATION

The bidder is supposed to propose total effort estimates using any standard effort estimation

techniques( ex: FPA) and also estimate the required time to complete the entire project,

keeping in view the time frame indicated in the RFP.

PROJECT TEAM COMPOSITION

The following is the team composition for the project, including the brief profile of the lead

officials. A detailed work experience of the people attached should also be enclosed.

Vendor The registered name of the bidding company

Business address for correspondence

Location Street Locality City Pin Code Country Telephone Facsimile Email Other

CONTACT NAME OF THE

VENDOR

CONTACT’S POSITION WITH

THE VENDOR

Contact addresses if different from above

Location Street Locality City Pin Code Country Telephone Facsimile Email Other

BUSINESS STRUCTURE BID COMPANY’S REGISTERED

ADDRESS

Details of company registration

Names of Directors Chairman President/Managing Director


25

Directors

Include a structure chart reflecting the organisation Chart

Financial standing of the vendor

(Information designed to give client confidence in the financial competence of the Vendor.) Audited financial accounts for past three years should be included in appendix. Total current employees

2009-10 2010-11 2011-12

Sales Turnover Net profit before tax

Company Profile(s)

Reference Sites (Use separate schedule formats for this response)

[Details of at least two similar Project in the last 5 years (including contact details) which will demonstrate the vendor's ability to carry out the functions which they are projected to provide/ services for this project in a timely and professional manner.]

Designated Staff

Name Position Project Designation

(Detailed profiles of key staff shall be included in appendix)

Experience of similar type of project(s) at other sites (Give details about the following with respect to the methodology followed by you in similar projects of similar nature and complexity – a minimum of one project.)

Project Name:

Project Location:

Client Name:

Client address:

Client contact/reference person(s):

Name Address – if different from


26

above Telephone Facsimile Mobile Phone Email address

Project started (month/year):

Project elapsed time – months:

Man-months effort:

Name of senior project staff:

Project Director Project Manager Other

Nature of the Project:

Role of the company, whether complete end-to-end involvement or for a particular module:

Project Detail

THE PROPOSED TOTAL SOLUTION Details of activities and the time, effort estimation for the proposed project have to be furnished. C. COMMERCIAL BID The format of the letter forwarding the commercial bid should be as per the Annex- I(C). The Commercial Bid should contain the following: COSTS Introduction

(Introduces the costing information)

Schedule of Tendered Prices

All the prices have to be quoted item-wise. The prices should mention the cost as well as the

tax and duty components, if any. All taxes, duties, charges shall be borne by the vendor.

Once prices have been tendered to the Bank, no change/modification will be entertained for

any cause whatsoever (including changes in regulation, tax and duty structure etc.). The


27

prices once provided by the vendor will be valid for the entire period of validity of the bid as

defined in the present document.

Any revision in the rates of taxes, duties, charges and levies at a later date and during the

tenure of the bid will be borne as under:

a) The benefits realised by the vendor due to lower rates of taxes, duties, charges and

levies shall be passed on by the vendor to the Bank.

b) Any increase in rates of taxes, duties, charges and levies will be borne by the vendor.

Commercial Bid:

S NO Particulars Cost

1 Cost of designing development of application software for data submission, data flow, data distribution, testing and operationalisation of the total solution

2 First year AMC

3 Man month rate for production support(Helpdesk)

4.* Man month rate for Change Management

5.* Software License, if any

*This will not be used for commercial comparison

The man month rate for change management and production support should be same.


28

Annex - I (A)

TENDER FORM

The CGM-in-Charge Foreign Exchange Department Reserve Bank of India Central office, Fort Mumbai – 400 001 Re: Tender No. RBI/ ELIGIBILITY BID Dear Sir,


Having examined the Tender Document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to develop, implement and maintain Export Data Processing and Monitoring System to meet such requirements and provide such services as are set out in the Tender Document.

We attach hereto the Tender Response as required by the Tender document, which constitutes my/our bid.

We undertake, if our Tender is accepted, to adhere to the implementation plan put forward in the Tender Response or such adjusted plan as may subsequently be mutually agreed between us and the Reserve Bank of India or its appointed representatives.

We agree to abide by this Tender Response for a period of ONE YEAR from the date fixed for Tender opening and it shall remain binding upon us with full force and virtue, until within this period a formal contract is prepared and executed, this Tender Response, together with your written acceptance thereof in your notification of award, shall constitute a binding contract between us and will initiate the formation of a separate contract in respect of maintenance and support services after the expiry of the warranty period.

We agree that you are not bound to accept the lowest or any Tender Response you may receive. We also agree that you reserve the right in absolute sense to reject all or any of the items specified in the Tender Response without assigning any reason whatsoever. It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company /firm/organization and empowered to sign this document as well as such other documents which may be required in this connection.

Dated this …………………………. Day of …………………..2013 …………………………………………….

…………………………………………….

(Signature) (In the capacity of) Duly authorised to sign the Tender Response for and on behalf of:


29

………………………………………………………………………………………………………. …………………………………………………………………………………………………… (Name and address of Bidding Company)

Seal/Stamp of Tender

Witness name:

………………………………………………………

Witness address: ……………………………………………………… ……………………………………………………...

Witness signature: …………………………………………………

Attachments: Board resolution delegating signing powers to authorised signatories

Tender Technical Response

CERTIFICATE AS TO AUTHORISED SIGNATORIES

I, certify that I am .........................................................

Secretary of the

(Name of bidding company)

And that

……….…………………………………………..

……………………………………………………………….. (Name of above company signatory (s) )

Who signed the above Tender is authorised to bind the corporation by authority of its governing body.

(Seal)

…………………………………………………….. (Secretary)


30

Annex –I (B)

TENDER FORM

The CGM-in-Charge Foreign Exchange Department Reserve Bank of India Central office, Fort Mumbai – 400 001 Re: Tender No. RBI/ TECHNICAL BID Dear Sir,


Having examined the Tender Document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to develop, implement and maintain Export Data Processing and Monitoring System to meet such requirements and provide such services as are set out in the Tender Document.

We attach hereto the Tender Response as required by the Tender document, which constitutes my/our bid.


We agree to abide by this Tender Response for a period of ONE YEAR from the date fixed for Tender opening and it shall remain binding upon us with full force and virtue, until within this period a formal contract is prepared and executed, this Tender Response, together with your written acceptance thereof in your notification of award, shall constitute a binding contract between us and will initiate the formation of a separate contract in respect of maintenance and support services after the expiry of the warranty period.

We agree that you are not bound to accept the lowest or any Tender Response you may receive. We also agree that you reserve the right in absolute sense to reject all or any of the items specified in the Tender Response without assigning any reason whatsoever. It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company /firm/organization and empowered to sign this document as well as such other documents which may be required in this connection.

Dated this …………………………. Day of …………………..2013 …………………………………………….

…………………………………………….



31

………………………………………………………………………………………………………. …………………………………………………………………………………………………… (Name and address of Bidding Company)


Witness name:

………………………………………………………

Witness address: ……………………………………………………… ……………………………………………………...


Attachments: Board resolution delegating signing powers to authorised signatories


CERTIFICATE AS TO AUTHORISED SIGNATORIES

I, certify that I am .........................................................

Secretary of the


And that

……….…………………………………………..

……………………………………………………………….. (Name of above company signatory (s) )


(Seal)

…………………………………………………….. (Secretary)


32

Annex - I (C)

TENDER FORM

The CGM-in-Charge Foreign Exchange Department Reserve Bank of India Central office, Fort Mumbai – 400 001 Re: Tender No. RBI/ COMMERCIAL BID Dear Sir,


Having examined the Tender Document, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to develop, implement and maintain Export Data Processing and Monitoring System to meet such requirements and provide such services as are set out in the Tender Document. Indian Rupees in words and figures.

We attach hereto the Tender Commercial Response as required by the Tender document, which constitutes my/our bid.


If our Tender Response is accepted, we will obtain and deposit with the Reserve Bank of India a performance bank guarantee in the format given in the Tender Document, issued by a scheduled commercial bank in India, for a sum equivalent to 10% of the contract sum for the due performance of the contract.

We agree to abide by this Tender Response for a period of ONE YEAR from the date fixed for Tender opening and it shall remain binding upon us, until within this period a formal contract is prepared and executed, this Tender Response, together with your written acceptance thereof in your notification of award, shall constitute a binding contract between us and will initiate the formation of a separate contract in respect of maintenance and support services after expiry of the warranty period.

We agree that you are not bound to accept the lowest or any Tender Response you may receive. We also agree that you reserve the right in absolute sense to reject all or any of the goods/products specified in the Tender Response without assigning any reason whatsoever. It is hereby confirmed that I/We are entitled to act on behalf of our corporation/company /firm/organization and empowered to sign this document as well as such other documents which may be required in this connection

Dated this …………………………. Day of …………………..20013 …………………………………………….

…………………………………………….



33

……………………………………………………………………………………………………… ……………………………………………………………………………………………………… (Name and address of Bidding Company)


Witness name:

………………………………………………………

Witness address: ……………………………………………………… …………………………………………………


Attachments: Board resolution delegating signing powers to authorised signatures


CERTIFICATE AS TO AUTHORISED SIGNATORIES I, certify that I am .........................................................

Secretary of the


And that

……….…………………………………………..

………………………………………………………………..

(Name of above company signatory (s) )


(Seal)

…………………………………………………….. (Secretary)


34

Annex-II PERFORMANCE BANK GUARANTEE

The CGM-in-Charge Foreign Exchange Department Reserve Bank of India Central office, Fort Mumbai – 400 001 India. Dear Sirs,

PERFORMANCE BANK GUARANTEE – to develop, implement and maintain Export Data

Processing and Monitoring System to meet such requirements and provide such services as

are set out in the Tender Document.

WHEREAS

M/s. (name of CONSULTANT), a company registered under the Companies Act, 1956,

having its registered and corporate office at (address of the Vendor), (hereinafter referred to

as “our constituent”, which expression, unless excluded or repugnant to the context or

meaning thereof, includes its successors and assigns), entered into an Agreement dated

…….. (hereinafter, referred to as “the said Agreement”) with you (Reserve Bank of India) to

develop, implement and maintain Export Data Processing and Monitoring System to meet

such requirements and provide such services as are set out in the Tender Document.

We are aware of the fact that in terms of sub-para (…), Section (…), Chapter (…) of the said

Agreement, our constituent is required to furnish a Bank Guarantee for an amount Rs……..

(in words and figures), being 10% of the Contract Price of Rs. … (in words and figures), as

per the said Agreement, as security against breach/default of the said Agreement by our

Constituent.

In consideration of the fact that our constituent is our valued customer and the fact that he

has entered into the said Agreement with you, we, (name and address of the bank), have

agreed to issue this Performance Bank Guarantee.

Therefore, we (name and address of the bank) hereby unconditionally and irrevocably

guarantee you as under:

I. In the event of our constituent committing any breach/default of the said Agreement,

which breach/default has not been rectified within a period of thirty (30) days after

receipt of written notice from you, we hereby agree to pay you forthwith on


35

demand such sum/s not exceeding the sum of Rs…… ( in words and figures)

without any demur.

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

agree that your decision as to whether our constituent has made any such

default/s / breach/es, as afore-said and the amount or amounts to which you are

entitled by reasons thereof, subject to the terms and conditions of the said

Agreement, will be binding on us and we shall not be entitled to ask you to

establish your claim or claims under this Performance Bank Guarantee, but will

pay the same forthwith on your demand without any protest or demur.

III. This Performance Bank Guarantee shall continue and hold good till the completion of

the warranty period for the „Total Solution‟ i.e. (date), subject to the terms and

conditions in the said Agreement.

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

from the date of the said Purchase Agreement until the completion of the

warranty period for the Total Solution as per said Agreement.

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

attributable to our constituent, virtually empowers you to demand for the payment

of the above said amount under this guarantee and we have an obligation to

honour the same without demur.

VI. In order to give full effect to the guarantee contained herein, we (name and address

of the bank), agree that you shall be entitled to act as if we were your principal

debtors in respect of your claims against our constituent. We hereby expressly

waive all our rights of surety and other rights, if any, which are in any way

inconsistent with any of the provisions of this Performance Bank Guarantee.

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

constituent made in accordance with this Guarantee from time to time, arising out

of or in relation to the said Agreement and in respect of which your claim is

lodged with us on or before the date of expiry of this Performance Guarantee,

irrespective of your entitlement to other claims, charges, rights and reliefs, as

provided in the said Agreement.


36

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

courier, telex, fax, registered post or other electronic media to our address, as

aforesaid and if sent by post, it shall be deemed to have been given to us after

the expiry of 48 hours when the same has been posted.

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

undertake to extend the period of this guarantee on the request of our constituent

under intimation to you (Reserve Bank of India).

X. This Performance Bank Guarantee shall not be affected by any change in the

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

constitution or by any amalgamation or absorption thereof or therewith or

reconstruction or winding up, but will ensure to the benefit of you and be available

to and be enforceable by you.

XI. Notwithstanding anything contained hereinabove, our liability under this Performance

Guarantee is restricted to Rs………………………………….… (in words and

figures) and shall continue to exist, subject to the terms and conditions contained

herein, unless a written claim is lodged on us on or before the afore-said date of

expiry of this guarantee.

XII. We hereby confirm that we have the power/s to issue this Guarantee in your favour

under the Memorandum and Paras of Association/ Constitution of our bank and

the undersigned is/are the recipient of authority by express delegation of power/s

and has/have full power/s to execute this guarantee under the Power of Attorney

issued by the bank in his/their favour.

2. We further agree that the exercise of any of your rights against our constituent to enforce

or forbear to enforce or any other indulgence or facility, extended to our constituent to carry

out the contractual obligations as per the said Agreement, would not release our liability

under this guarantee and that your right against us shall remain in full force and effect,

notwithstanding any arrangement that may be entered into between you and our constituent,

during the entire currency of this guarantee.

Notwithstanding anything contained herein:

I. Our liability under this Performance Bank Guarantee shall not exceed

Rs……………………………………… .…. (in words and figure) ;


37

II. this Performance Bank Guarantee shall be valid only up to ………….. (date, i.e.

completion of warranty period for the Total Solution) ; and

III. we are liable to pay the guaranteed amount or part thereof under this Performance Bank

Guarantee only and only if we receive a written claim or demand on or before …. (date i.e.

completion of the warranty period for the Total Solution).

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

Performance Bank Guarantee is not received by the bank within the above-mentioned

period, subject to the terms and conditions contained herein, it shall be deemed to be

automatically cancelled.

Dated ……………………. this ……….. day …………. 2013.

Yours faithfully,

For and on behalf of the …………… Bank,

(Signature)

Designation

(Address of the Bank)

Note :

a) This guarantee will attract stamp duty as a security bond under Para 54(b) of the Mumbai

Stamp Act, 1958.

b) A duly certified copy of the requisite authority conferred on the official/s to execute the

guarantee on behalf of the bank should be annexed to this guarantee for verification and

retention thereof as documentary evidence in the matter.


38

Annex-III

Performa for Bank Guarantee In Lieu of Earnest Money Deposit

(To be submitted on non-judicial stamp paper of appropriate value purchased in the name of

the issuing Bank)

This deed of guarantee made this ____ day of ____ two thousand ____ between ____

(Name of Banker) having its registered office at ______ (place) and one of its local offices at

____ (hereinafter referred to as the Surety), and Reserve Bank of India, a Corporation

constituted by the Reserve Bank of India Act, 1934, having its Central Office at Central

Office Building, Shahid Bhagat Singh Road, Mumbai-400 001 INDIA (hereinafter referred to

as the Bank).

WHEREAS _______ (Bidder‟s name hereinafter referred to as „Bidder') a Company

registered under _____ and having its registered office at ______ is bound to deposit with

the Bank by way of earnest money ` _____ (Rupees ___________ only) in connection with

its Tender for development, implementation and maintenance of -----Reporting based data

submission by banks and the specifications and terms and conditions enclosed therein.

WHEREAS the Bidder as per clause No. _____ Section II of Instructions to Bidder and

special conditions has agreed to furnish a Bank Guarantee valid up to ____ instead of

deposit of earnest money in cash.

NOW THIS WITNESSETH:

1. That the Surety in consideration of the above Tender made by the Bidder to the Bank

hereby undertakes to guarantee payment on demand without demur to the Bank the

said amount of ` 1,000,00 (Rupees one lakh only) within one week from the date of

receipt of the demand from the Bank on presentation of this deed of guarantee,

which the Bidder is bound to deposit with the Bank by way of earnest money in

connection with his Tender.

2. This guarantee shall not be affected by any infirmity or irregularity on the part of the

Bidder or by the dissolution or any change in the constitution of the Bank, Bidder or

the Surety.

3. The Bank shall be eligible to make any claim under this guarantee if the Bidder after

submitting his Tender, rescinds from his offer or modifies the terms and conditions

thereof in a manner not acceptable to the Bank or expresses his unwillingness to

accept the order after the Bank has decided to place order with the Bidder for

development, implementation and maintenance of Export Data Processing and

Monitoring System. The Banks‟ decision in this regard shall be final and binding.


39

4. The Surety shall not and cannot revoke this guarantee during its currency except with

previous consent of RBI in writing.

5. Notwithstanding anything contained in the foregoing, the Surety‟s liability under the

guarantee is restricted to ` 1,00,000 (Rupees one lakh only).

6. This guarantee shall remain in force and effective up to __________ and shall expire

and become ineffective on intimation thereof being given to the Surety by the Bank in

which event this guarantee shall stand discharged.

7. The Surety will make the payment pursuant to the demand notice issued by the

Bank, notwithstanding any dispute that may exist or arise between the Bidder and the

Bank or any other person.

8. Any forbearance, act or omission on the part of the Bank in enforcing any of the

conditions of the said tender or showing of any indulgence by the Bank to the Bidder

shall not discharge the Surety in any way and the obligations of the Surety under this

guarantee shall be discharged only on the intimation thereof being given to the

Surety by RBI.

9. Notwithstanding anything contained hereinabove, unless a demand or claim under

this guarantee is made on the Surety in writing on or before, the Surety shall be

discharged from all liabilities under guarantee thereafter.

10. The Surety has the power to issue this guarantee under its Memorandum and

Articles of Association and the person who is hereby executing this deed has the

necessary powers to do so under the Power of Attorney granted to him by the Surety.

SIGNED AND DELIVERED For and on behalf of

For and on behalf of above named Bank. (Banker‟s Name and Seal)

Branch Manager

(Banker‟s seal


40

Annex-IV

EXPORT DECLARATION FORM

2. ITEM-WISE DETAILS

Sr

.N

o.

Invoice No. & Date Currency Commodity Code

(ITCHS)

Commodity Description FOB Value (INR)

1.

2.

3.

Gross Weight : Net Weight: Total

3.Details of Export Value

Currency Amount in FC Amount In INR Custom Assessable Value (INR)

FOB Value

Freight/transmission

Date of Shipment

Transmission charges (if

payable by the overseas

client)

Bank through which payment received (with AD code):

Insurance

Commission

Discount

Mode of Realisation: [ ] L/C [ ] BG

1. GENERAL INFORMATION

Mode of Transport: Air [ ] Land [ ] Sea [ ] Online [ ] Form No:

Exporters Name & Address:

IE Code:

Shipping Bill No. & Date: Custom Serial No.:

Export Trade Control: Nature of Contract: FOB [ ]

CIF [ ] C&F [ ]

AD Name & Address:

AD code:

Category of Exporter: STPI [ ] SEZ [ ] DTA unit [ ] 100% EOU [ ]

Other (specify).........................

Nature of Cargo [ ] Private

[ ] Government

State of Origin of Goods:

Country of Origin of Goods:

Port of Loading:

Buyers/Consignee’s Name & Address:

Country of Destination: Port of Discharge:

Exchange Rate Total FOB value in words:


41

Other Deduction [ ] Others (advance payment, etc. including

transfer/remittance to bank account

maintained overseas....................)

Packing Charges

Whether payment to be received through ACU?[ [

] Yes [ ] No Net Realisable value

4.Applicable for Export under FPO/Couriers

Name of the post Office:

Number & date of Parcel receipts :

Stamp & Signature of Authorised Dealer

Original [

5.Applicable for Offshore Software Exports

Whether export contract/ purchase order already registered

with

STPI/SEZ : Yes No

If ‘yes’, please specify the name of STPI/SEZ

etc.......................

Contract No./ Purchase Order. ………………………

If ‘No’, please attach copy of the contract/purchase order.

Does contract stipulate payment of royalty: Yes No

STPI Centre Within whose jurisdiction the unit is situated:

Name of Authorised datacom STPI /BSNL /DOT /Internet/Others service provider (Please specify):

Type of Software Exported (RBI Code) :

a) Computer Software: (Data Entry jobs and Conversion Software Data Processing-906), (Software Development-907),

(Software Product, Packages-908), (Others-909, Please specify) b) Other Software: (Video/TV Software-910), (Others-911, Please specify)

For receipt of Royalty on Software Packages/Products exported:

Date of export :

Export Declaration Form No. on which exports were

declared :

Royalty agreement details :

Percentage and amount of royalty:

Period of royalty agreement :

(Enclose copy of Royalty agreement, if not already registered)

How royalty value will be realized (as defined in Royalty

agreement) :

Calculation of royalty amount (Enclose copy of communication

from the foreign customer):

Declaration by the Exporters (All types of exports) I/We hereby declare that I/we am/are the seller/consignor of the goods/software@ in respect of which this declaration is made and

that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and

declared above. I/We also declare that the software has been developed and exported by using Authorised and legitimate datacom

link.** I/We undertake that I/we will deliver to the authorised dealer bank named above the foreign exchange representing the full

value of the goods/software@ exported as above on or before........................ (i.e. within the period of realisation stipulated by RBI

from time to time), in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999.

I/We @ am/are not in the Caution List of the Reserve Bank of India.

Date: (Signature of Exporter)

Space for use of the competent authority (i.e. Custom/STPI/FTZ/EPZ/SEZ) on behalf of Ministry concerned:

i) Certified that the software described above was actually transmitted and the export/royalty value declared by the exporter has been found to be

in order and accepted by us. @

ii) Certified, on the basis of above declaration by the SEZ unit, that the software described above and the export value declared by the exporter

has been found to be in order and accepted by us. @

iii) Certified that the export value declared by the exporter has been found to be in order and accepted by us. @

Date:

(Signature of Designated officials of Custom/STPI/FTZ/EPZ/SEZ)

For Authorised Dealer’s Use:

Uniform Code Number..........................

Date of Negotiation ...........................Date of Receipt of Collection...................... Bill No................ .........

Type of Bill: DA [ ] DP [ ] Others (Specify)........................

Type of Shipment: Firm Sale Contract [ ] Consignment Basis [ ] others (specify).................................

The Export Declaration Form was included in the statement sent to the Reserve Bank with the R Return for the fortnight


42

ending.........................sent on..........................

We certify and confirm that we have received the total amount of......................... (Currency) (Amount) as under being the proceeds of exports

declared on this form. Date of receipt Currency Credit to Nostro Account in

Country Debit to NR Rupee Account of a Bank in country

Period of R Return with which the realization has been reported to RBI

In our

Name

In the name of

concerned AD bank

Held

with us

Held with

concerned AD bank

1 2 3 4 5 6 7

Any other manner of receipt (Specify)

Date: (Stamp & Signature of Authorised Dealer)

Address : @ Strike out whichever is not applicable.


43

Technical Evaluation Matrix Annex V

Sl

No.

Criteria Statement Percent

score

Bidders

response

1 Experience Details of the past relevant projects in

chronological sequence. Clearly indicate the

level of involvement and responsibility.

Furnish the details of the contact persons

from the client organizations in each of the

projects separately, so that RBI, if desires,

can carry site inspection.

20

2 Project Team

Composition

Project Team composition and lead team

managers profile. The experience of the team

lead managers will be indicated with all

details.

20

3 Technical

understanding

Document that demonstrates the depth of the

technical understanding and clarity about

project.

20

4 Project

Methodology

The bidder will provide a document that will

articulate all details of the methodology that

will be followed for project execution.

20

5 Time Assessment The bidder has to attach a sheet to explain

the time management plan and the detailed

break up based on estimated workload.

5

6 Deviation from RFP The bidders have to clearly indicate in a

separate sheet the list of disagreement with

the RFP, stating the reason therefor.

5

7 Overall

assessment of the

competence and

suitability of the

bidder

Presentation, interactions and technical

documents

10

Note: Bidders will be shortlisted based on (a) the documentation they submit for the above in their

technical bids and (b) on the performance in the presentation before the committee. Moreover, the

bidders have to score at least 60 percent to get selected for the commercial comparison. Only top five

scorer wll be selected for commercial comparison.

request for proposal of export data processing and...

Documents