request for proposal (rfp) for supply, installation ... · supply, installation, training,...

RFP for procurement of Note Sorting Machines on rate contract

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REQUEST FOR PROPOSAL (RFP)

FOR

SUPPLY, INSTALLATION, TRAINING,

COMMISSIONING & MAINTENANCE

OF NOTE SORTING MACHINES

UNDER

RATE CONTRACT

Personal Banking and Operation Department,

Central Office, Union Bank Bhavan,

12th Floor, 239, Vidhan Bhavan Marg,

Nariman Point, Mumbai – 400 021


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Important RFP dates and details

Start date and time 11.07.2018 at 1100 hrs.

Pre bid meeting 25.07.2018 at 1100 hrs. at Personal Banking and

Operation Department, Mumbai.

Last date for clarifications/ queries on RFP

18.07.2018 at 1700 hrs. as per Annexure XXII

Last date and time for Receipt Of Bidding Document

01.08.2018 at 1600 hrs.

Date and Time of Technical Bid Opening

01.08.2018 at 1615 hrs.

Place of opening of Bids Union Bank of India, Personal Banking and Operation

Department, Central Office, Union Bank Bhavan,12th Floor, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400 021

Address for communication As above

Tel:(022) 2204 0269/22880022 RFP cost Rs.10,000/- (Rs. Ten Thousand only) in the form of

Demand Draft (DD)/ Pay Order(PO) in favor of Union Bank of India, payable at Mumbai. The Demand Draft)/ Pay Order (PO) should be submitted at the time of bid submission.

EMD EMD as mentioned under Para 19, Page 15 in the form of Demand Draft (DD)/ Pay Order(PO)in favor of Union Bank of India, payable at Mumbai or Bank Guarantee (BG)in favor of Union Bank of India, payable at Mumbai (issued by any public/private sector Bank, excluding Union Bank of India) should be enclosed with Technical

Bid. Contact to Bidders Interested Bidders are requested to send the email to:

[email protected] [email protected] containing following information, so that in case of any clarification same may be issued to them: Name of company, contact person, Mailing address

with Pin Code, Telephone No., Fax No., email address, Mobile No. etc.


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DISCLAIMER The information contained in this tender document or information provided subsequently to Bidder(s) or applicants whether verbally or in documentary form by or on behalf of the Bank, is provided to the Bidder(s) on the terms and conditions set out in this tender document and all other terms and conditions subject to which such information is

provided. This tender is neither an agreement nor an offer and is only an invitation by the Bank to the interested parties for the submission of bids. The purpose of this tender is to provide the Bidder(s) with information to assist the formulation of their proposals. This tender does not claim to contain all the information that 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 tender 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 tender. Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this tender. No contractual

obligation whatsoever shall arise from the tender process until a formal contract is signed and executed by duly authorized officers of the Bank with the selected Bidder.


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TABLE OF CONTENTS

Sr. No.

Topic Page No.

1 Introduction 8 2 Integrity Pact (IP) 8 3 Objectives of the RFP 8 4 Eligibility Criteria for bidders 9 5 Authorization to Bid 11 6 Scope of Work 11 7 No Erasures or Alterations 13 8 Cost of Bidding 13 9 Bidding Document 13 10 Amendment of BID / RFP Document 13 11 Contacting the Bank 14 12 Bank’s Right to Accept or Reject any Bid or All Bids 14 13 Modification and/or Withdrawal of Bid 14 14 Revelation of Prices 15 15 Terms and Conditions of the Bidding Firms 15 16 Local Conditions 15 17 Clarifications of Bids 15 18 Cost of RFP 15 19 Bid Earnest Money Deposit (EMD) 15 20 Bid Validity 17 21 Validity Period of Offer 17 22 Deadline for Submission of Bids 17 23 Late Bids 17 24 Buyback of Old Note Sorting Machines 17 25 Price composition 18 26 Service Network 19 27 Language of Bid 19 28 Bidding Process (Two Stages) 19 29 Bid Opening and Preliminary Scrutiny 21 30 Overview of Evaluation Process 22 31 Verification of Reference Installations 25 32 Limitation of Liability 25 33 Pre-dispatch Inspection 25 General Terms and Conditions 26 1 Signing of Contract 26 2 Performance Bank Guarantee 26 3 Payments Terms 26 4 Delivery 28 5 System Up Time 29 6 Road Permit 29 7 Transfer of Title 29 8 Availability of Spares 29 9 Installation 29 10 Warranty 30 11 Service Level Agreement (SLA) and Penalty 31


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Sr. No.

Topic Page No.

12 Annual Maintenance Contract (AMC) 32 13 Undertaking to use new components 32 14 Order Termination 32 15 Deduction from Purchase Price 33 16 Training 34 17 Insurance 34 18 Enforceability 34 19 Assignment 34 20 Indemnity 34 21 Force Majeure 35 22 Limitation on Promotion 36 23 Upgradation 36 24 Inspection 36 25 Resolution of Disputes 37 26 Waiver 37 27 Statutory and other Regulations 37 28 Governing Law and Disputes 38 29 Liability of the Successful Bidder 38 30 Negligence 38 31 Documents 38 32 Transfer of Ownership 39 33 Patents Rights 39 34 Liquidated damages 39 35 Minimum Wages 39 36 Review of Contract and performance 40 37 Proposal Ownership 40 38 Rules for Re-Auction 40 39 Ownership and Retention of Documents 40 40 Notification of Award 41 41 Confidentiality 41 42 Adherence of Cyber Security Policy 42 43 Other terms and conditions 42 44 Guidelines on Notes Authentication and Fitness Sorting Parameters (Ref

: DCM(R&D)No.G-26/18.00.14/2009-10 dated May 11, 2010 from RBI 44

45 Test procedures 48 46 Annexure I – Tender Offer 50 47 Annexure II – Undertaking 52 48 Annexure III – Compliance to Eligibility Criteria 53 49 Annexure IV A – Technical Specification of 8+1 pockets Note Sorting

machines 56

50 Annexure IV B – Technical Specification of 3+1 pockets Note Sorting machines

59

51 Annexure IV C – Technical Specification of 2+1 pockets Note Sorting machines

62

52 Annexure IV D – Technical Specification of 1+1 pockets Note Sorting machines

65

53 Annexure V - Bidder Information 68


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Sr. No.

Topic Page No.

54 Annexure VI – Service Support Details 69 55 Annexure VII - Performance Statement 70 56 Annexure VIII - Undertaking by Bidder 71 57 Annexure IX - Business Rules for Reverse Auction 72 58 Annexure X - Compliance Statement 79 59 Annexure XI – Letter of Authority for participation in Reverse Auction 80 60 Annexure XII - Confidentiality / Non Discloser Agreement 81 61 Annexure XIII – Pre Contract Integrity Pact 87 62 Annexure XIV – Format of Bank Guarantee (EMD) 93 63 Annexure XV – Format of Contract 95 64 Annexure XVI – Format of Performance Bank Guarantee 97 65 Annexure XVII – Format of Annual Maintenance Contract 100 66 Annexure XVIII – Format of Bank Guarantee (AMC) 107 67 Annexure XIX A - Unpriced Indicative Commercial Bid of 8+1 pocket

NSM 108

68 Annexure XIX B - Unpriced Indicative Commercial Bid of 8+1 pocket NSM

109

69 Annexure XIX C - Unpriced Indicative Commercial Bid of 8+1 pocket NSM

110

70 Annexure XIX D - Unpriced Indicative Commercial Bid of 8+1 pocket NSM

111

71 Annexure XX A - Indicative Commercial Bid of 8+1 pocket NSM 112 72 Annexure XX B - Indicative Commercial Bid of 8+1 pocket NSM 113 73 Annexure XX C - Indicative Commercial Bid of 8+1 pocket NSM 114 74 Annexure XX D - Indicative Commercial Bid of 8+1 pocket NSM 115 75 Annexure XXI – Undertaking for Know your Employee (KYE) 116 76 Annexure XXII – Format for Clarification 117


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Abbreviations The long form of some abbreviations commonly used in the document is given below:

Abbreviations Description

RFP Request for Proposal

OEM Original Equipment Manufacturers

PB & OD Personal Banking and Operations Department.

QC Quality Check

NDA Non-Disclosure Agreement

EMD Bid Earnest Money Deposit

BG Bank Guarantee

AMC/ATS Annual Maintenance Contract/Annual Technical Support

PSUs Public Sector Undertaking

SLA Service Level Agreement

UBI Union Bank of India

RBI Reserve Bank of India

GST Goods and Service Tax

CGST Central Goods and Service Tax

SGST State Goods and Service Tax

IGST Integrated Goods and Service Tax

PBG Performance Bank Gaurantee

CIF Cost, Insurance and Freight

TDS Tax Deducted at Source

POD Proof of Delivery

NSM Note Sorting Machine


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UNION BANK OF INDIA

General Information and Instructions to Bidders

1 Introduction 1.1 Union Bank of India (hereinafter referred to as ‘Bank’), having its Central Office

at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai - 400021, is firmly committed to consolidate and maintain its identity as a leading innovative commercial Bank, with a proactive approach towards the changing needs of the Society. This has resulted in a wide gamut of products and services, made available to its valuable clientele in catering to the smallest of their needs. Today, with its efficient value-added services, sustained growth, consistent profitability and development of new technologies, the Bank has ensured complete customer delight, living up to its image of having “GOOD PEOPLE TO BANK WITH”.

2 Integrity Pact (IP)

Venders/bidders/sellers, only those who commit themselves to Integrity Pact (IP)

with the Bank, would be considered competent to participate in the bidding

process. In other words, entering into this pact would be the preliminary

qualification. In case of bids for value of Rs.1.50 Crore not accompanied with

signed IP by the bidders along with the technical bid, the offers shall be

summarily rejected.

IP shall cover all phases of contract i.e. from the stage of Notice Inviting Tenders

(NIT)/Request for Proposals (RFP) till the conclusion of the contract i.e. final

payment or the duration of warrantee/guarantee. Format of IP is attached in

Annexure XIII for strict compliance.

The following Independent External Monitors (IEMs) have been appointed by the

Bank, who will review independently and objectively, whether and to what

extent parties have complied with their obligation under the pact.

a. Mr. K S Ramasubban, IAS (Retired),

I-Block, 1654, C R Park, New Delhi – 110 019 E-mail- [email protected]

b. Mr. Ramachandran Venkataramani, IRSS (Retired),

#4709, K V Residency, Nandi Enclave, 2nd Cross, BSK-III stage, Banashankari, Bengaluru - 560085 E-mail- [email protected]

All clarification/query/status with respect to the tender may be sent to email given in para no. 17.2 and not to IEMs except query related to Integrity Pact:

3 Objectives of the RFP


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3.1 This Request for Proposal (RFP) is to invite proposals from eligible bidders for Supply, installation, Training, Commissioning & maintenance of Note Sorting Machines (NSM) across India under rate contract for a period of 2 years. The estimated tender requirement of items will be as under :

Category Number Note Sorting machines (8+1 pockets) 7 Note Sorting machines (3+1 pockets) 469 Note Sorting machines (2+1 pockets) 52 Note Sorting machines (1+1 pockets) 47

The above requirement is indicative and may vary as per actual need. The ‘Request for Proposal’ (RFP) document is now being issued to enable bidders

to submit their responses to the Bank. For commercial evaluation, the Bank will adopt ‘Reverse Auction’ process to finalize the vendor for the project.

3.2 Bidder who is interested in participating in this RFP must fulfill the eligibility

criteria mentioned in the document and also in a position to comply the technical specification and other terms & conditions mentioned in the document.

3.3 Bank may not accept any deviations from the terms and conditions specified in

the tender. Deviations could result in disqualification of the offer made by the vendor at the discretion of the Bank.

4. Eligibility Criteria for bidders

4.1 The Bank will use the following as pre-qualification criteria. Only those bidders

fulfilling these criteria should respond to the tender:

4.1.1 The bidder has to submit Integrity Pact (IP) signed by authorized signatory as prescribed format mentioned in Annexure XIII on plain paper in advance(not prior to issuance of RFP) or at the time of bid submission. Bidder shall be liable for rejection in case of non-submission of the same

4.1.2 The Bidder should be a Company registered in India under the Companies Act,

1956 and amended Companies Act, 2013 and have operations in India.

4.1.3 The bidder should have at least preceding three years experience in supplying 2000+ Note Sorting machines of the brand which it intends to supply under this tender to Public Sector Banks/Scheduled Commercial Bank/Reserve Bank of India as on 31.03.2018.

4.1.4 The bidder should have minimum total turnover for last three financial years from

the sale of Note Sorting Machines as under :

Type of Machine Turnover

(` in crores) 8+1 ` 2 3+1 ` 30 2+1 ` 2 1+1 ` 1


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The turnover should be cumulative for bidders bidding for two or more categories of machines e.g. bidder bidding for 8+1/3+1/2+1 category of machines should have turnover of ` 34 crore (`2+`30+`2 crores) from the sale of NSM and so on for the last three financial years. This must be the individual company turnover and not that of any group of companies.

4.1.5 Bidders should have made operating profit (operating profit i.e. Earnings before

interest & taxes) at least in two Financial Years out of three Financial Years i.e. 2014-15, 2015-16 and 2016-17 and the net worth should be positive as on 31.03.2016 & 31.03.2017.

4.1.6 Bidder should be an Original Equipment Manufacturers (OEM) 4.1.7 Bidder should have supplied minimum 2000 Notes Sorting machines

(1+1/2+1/3+1/8+1) of the same brand / same company which it intends to supply under this tender during the last 24 months as on date of RFP to Public Sector Bank/Scheduled Commercial Bank/Reserve Bank of India (RBI). The minimum eligibility for submission of bid for a particular machines shall be as under :

Category No. of NSMs supplied during the last three financial years

1+1

100 units of model offered OR

300 units of the same brand for machines of 1+1 pocket and above category i.e. 1+1/2+1/3+1/4+1/8+1 etc.

2+1


300 units of the same brand for machines of 2+1 pocket and above category i.e. 2+1/3+1/4+1/8+1 etc.

3+1


750 units of the same brand for machines of 3+1 pocket and above category i.e. 4+1/8+1 etc.

8+1 25 units of model offered.

While ascertaining the eligibility, the number of machines supplied by OEM &/or through its authorized dealer/distributor to Public Sector Bank/Scheduled Commercial bank/RBI shall be taken into consideration.

4.1.8 The model offered should be in use in India for a minimum period of past 12

months as on date of RFP.

4.1.9 The bidder should not have been black listed by any of Government Authority or Public Sector Undertaking (PSUs). The bidder shall give an undertaking (on their letter head) that they have not been black listed by any of the Govt. Authority or PSUs as on date of submission of the tender, otherwise the bid will not be considered (Please submit the declaration as per Annexure – VIII).


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4.1.10 The bidder should ensure that there are no pending cases against the bidder involving cheating/fraudulent activities.

4.1.11 Bidder should not be a defaulter in repayment of installments against credit with

any bank.

4.1.12 The bidder should have sufficient number of factory trained service engineers,

service support centres and adequate stock of spares and consumables in atleast 25 states/union territories in India to attend to the maintenance and preventive check-up of the machines within the stipulated time period.

4.1.13 Bidders shall have to secure minimum 80% marks in Stress Test of Note Sorting

Machines. Those bidders who secure minimum 80% marks in Stress Tests of Note Sorting Machines shall be finally considered successful in the Technical Bid and will be considered eligible for Commercial Bidding. Note: Required Documentary Proof is to be submitted against above eligibility criteria along with technical bid.

5. Authorization to Bid 5.1 Only authorized Official of the firm or organization should sign the BID. The letter

should also indicate the complete name and designation of the designated Official. Necessary Board resolution, authority and Power of Attorney, wherever applicable, shall be enclosed. The certified photocopy of Board Resolutions, Authority, Power of Attorney having authority to authorize the person to submit Bid documents on behalf of the company shall be enclosed.

5.2 Responses submitted by bidders to this RFP represent a firm offer to contract on

the terms and conditions described in the bidder’s response. Each page of the

proposal must be duly signed by an official authorized to bid to the terms and conditions of the proposal.

5.3 The Bidder should enclose proof in support of all Eligibility Criteria while

submitting the Bid Proposals. The bidder applying for more than one category of machines need to submit financials / proofs one time only. Bidders not meeting the eligibility criteria and/or not submitting proof of the same will not be considered for further Technical Evaluation and the Bid may be considered as technically non-responsive. Bank will not entertain any correspondence on this issue and Bank’s decision will be final.

5.4 Bidders shall submit fully completed bids in respect of all relevant particulars

with complete details. Incomplete bids are liable to be rejected. Separate bid to be submitted for each category of NSM.

6. Scope of Work

6.1 Bidder need to Supply, install, train, commission, maintain and upgrade Note Sorting Machines (NSM), as detailed elsewhere, in this RFP document, with


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comprehensive all inclusive onsite warranty of 36 months and comprehensive maintenance for a further period of 5 year.

6.2 The machines are to be supplied to various branches/Currency Chests of the Bank

in various locations in India. 6.3 The scope also includes supplying of accessories as specified and training of

Bank’s staff in operation of the machines.

6.4 NSM offered should have minimum specification as under : 6.4.1 Processing speed as mentioned in Technical Specification (Annexure IV A to D) 6.4.2 Feeding capacity as mentioned in Technical Specification (Annexure IV A to D) 6.4.3 Printer Interface facility 6.4.4 Fitness sorting – Issuable, non issuable, ATM fit notes etc. as per RBI

specifications. 6.4.5 100% rejection / identification of suspected, counterfeit damaged of unfit bank

notes. 6.4.6 Currency adoption. 6.4.7 Easy and rapid upgradable software to comply with RBI norms regarding checking

of authenticity of notes. 6.4.8 Approval GE tested /CE Mark 6.4.9 Image based technology – state of art user interface, simplified operation using

self explanatory language/simple. 6.4.10 Capturing series and serial number of notes by scanning images from both side

i.e. front and back. 6.4.11 Elegant and robust design capable of functioning in dusty, heat and humid

condition. 6.4.12 NSMs to be so designed so as to prevent entering of rodent or such other objects

into machines. 6.4.13 Sorting by first note recognition/orientation sorting.

6.5 Bidders can quote equivalent or higher technical specifications as mentioned in Annexure IV A to D to meet the Bank’s requirements. However, no weightage would be given for higher configurations.

6.6 Bidder has to provide service and onsite support during warranty period and post

warranty period as per Bank’s requirement.

6.7 The offer must include comprehensive on-site support during the warranty period of three years from the date of installation and commissioning of the each note sorting machine separately and during the AMC period of five years post warranty of 3 years. During the AMC period vendor shall maintain the equipment and repair/replace all the defective components at the installed site, at no additional

charge to the Bank. 6.8 Bidder shall be fully responsible for the manufacturer’s warranty in respect of

proper design, quality and workmanship of equipment, accessories etc. covered by the offer. Bidder must warrant all equipment, accessories, spare parts etc., against any manufacturing defects during the warranty period. During the


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warranty period vendor shall maintain the equipment and repair/replace all the defective components at the installed site, at no additional charge to the Bank.

7. No Erasures or Alterations 7.1 There should be no significant hand-written material, corrections or alterations in

the offer. Technical details must be completely filled up. Correct technical

information of the product being offered must be filled in. Filling up of the forms using terms such as “OK”, “accepted”, “noted”, “as given in brochure/manual” are not acceptable to the Bank. The Bank may treat offers not adhering to these guidelines as unacceptable.

7.2 The offer should be complete and self-contained in all respects and avoid cross-

referencing other offers from the same vendor. 8. Cost of Bidding 8.1 The Bidder shall bear all the costs associated with the preparation and submission

of its bid and Union Bank of India, hereinafter referred to as the Bank will in no

case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

9. Bidding Document

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

and technical specifications in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidders’ risk and may result in the rejection of its bid. Bidder should strictly submit the bid as per RFP failing which the bid will be rejected as non-responsive.

9.2 The bidder is advised to carefully read and understand the complete scope/ value and volume of the contract involved before submitting their tenders. In general, bidder shall himself obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. The bidder shall be deemed to have full knowledge of the Site, whether he inspects it or otherwise. Submission of a tender by the bidder implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions, rates and other factors bearing on the execution of the works. No clarifications will be entertained after submitting the tenders.

10. Amendment of BID / RFP Document

10.1 Union Bank reserves the sole right for carrying out amendments / modifications /

changes in the bidding process including any addendum to this entire bid. The bidders shall not claim as a right, requiring Union Bank to do the aforesaid.

10.2 At any time before the deadline for submission of bids / offers, Union Bank may,

for any reason, whether at its own initiative or in response to a clarification


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requested by prospective bidders, modify this RFP / Bid Document and all such modifications shall be binding on the bidders.

10.3 All prospective bidders to this RFP are required to check for addendums /

amendments / notices to this RFP on the website till the last date of availability, prior to submission of bids and all such addendums / amendments / notices shall be binding on them.

10.4 If required, Union Bank at its sole discretion may extend the deadline for

submission of bids in order to allow prospective bidders reasonable time in which they need to take the amendment into account in preparing their bids. Union Bank reserves the rights to extend the deadline for the submission of bids. However, no request from the bidder, shall be binding on Union Bank for the same. Union Bank’s decision in this regard shall be final, conclusive and binding on all the Bidders.

11. Contacting the Bank 11.1 Any effort by a bidder to influence the Bank in evaluation of the bid, bid

comparison or contract award decision may result in the rejection of the bid. Bank's decision will be final and without prejudice and will be binding on all the parties

12. Bank’s Right to Accept or Reject any Bid or All Bids 12.1 The Bank further reserves the right to accept or reject any offer and annul the

bidding process or even reject all bids at any time prior to award of the contract, without thereby incurring any liability to the affected bidder or bidders or without any obligation to inform the affected bidder or bidders about the grounds for the Bank’s action. The Bank reserves the right to accept or reject any technology proposed by the bidder. The Bank reserves the right to select more

than one Bidder keeping in view its large requirements. When the Bank makes any such rejection, the Bank will not be bound to give any reason and/or justification in this regard to the vendor.

13. Modification and/or Withdrawal of Bid

13.1 The bidder may modify or withdraw its bid’s submission, provided that written

notice of the modification or withdrawal is received by the Bank prior to the deadline prescribed for submission of bids.

13.2 The Bidders’ modification or withdrawal notice shall be prepared, sealed, marked

and delivered in accordance to the provision of Para “Submission of Bids”, with

the envelope additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate. The withdrawal notice should be submitted to the Bank not later than the deadline for submission of bids.

13.3 No bid will be allowed to be modified after the deadline for submission of bids.


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13.4 No bid shall be withdrawn in the intervening period between deadline for submission of bids and expiration of period of bid validity specified by the bidder in the submitted bid.

13.5 No bidder shall be allowed to withdraw the bid, if bidder happens to be successful

bidder.

14. Revelation of Prices 14.1 The prices in any form or by any reasons should not be disclosed in the technical

or other parts of the bid except in the commercial bid. Failure to do so will make the bid liable to be rejected.

15. Terms and Conditions of the Bidding Firms

15.1 The bidding firms are not allowed to impose their own terms and conditions to the bid and if submitted will not be considered as forming part of their bids. Bidder has to strictly comply with the terms and conditions mentioned in the RFP.

16. Local Conditions

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

17. Clarifications of Bids

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

17.2 The bidder may seek clarification/queries on RFP in the format as per Annexure

XXII. The bidder is requested to send the format on email to [email protected], [email protected]

18. Cost of RFP 18.1 The RFP document is available on the Bank’s website www.unionbankofindia.co.in

and Government tender portal. Vendors can download the RFP and use it for submission. However, the cost of the RFP i.e. Rs.10,000/- (non-refundable) should be paid by way of Demand Draft (DD)/ Pay Order (PO) drawn in favor of Union Bank of India payable at Mumbai, while submitting the RFP to the Bank. The above Demand Draft/PO should be handed over to the Bank authorities in a separate envelope with the technical Bid. The envelope should be duly super

scribed as “Cost of RFP Rs.10,000/- paid through Demand Draft /Pay Order. Offers without DD/PO for Rs.10,000/- will be rejected.

19. Bid Earnest Money Deposit (EMD)

19.1 The Bidder shall furnish, as a part of the Tender Document, a bid security as per the details given hereunder :


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Type of NSM Amount of EMD

1+1 Rs. 4 lakh

2+1 Rs. 10 lakh

3+1 Rs. 106 lakh

8+1 Rs. 10 lakh

In case a bidder intends to submit bids for 2 or more types of NSMs, EMD shall be submitted separately for each category of NSMs. To quote, bidder submitting bids for NSM 1+1 and 2+1 shall have to submit EMD of ` 14 lakh i.e. ` 4 lakh + ` 10 lakh and so on.

19.2 Amount of EMD may be deposited in the form of a Demand Draft (DD)/ Pay order

(PO) drawn in favor of Union Bank of India payable at Mumbai or Bank Guarantee valid for a period of one year from the last date of bid submission, obtained from

a scheduled commercial bank other than Union Bank of India as per format given in Annexure XIV. Exemption will be given to bidder/s as per GOI guidelines on submission of relevant certificate.

19.3 The bid security should form part of the Tender Documents (Technical Offer)

submitted by the Vendor. Failure to comply with this condition viz., Bid Security, shall result in summary rejection of the tender offer and no Vendor shall be exempted from the requirement of the bid security. SUBMISSION OF THE BID SECURITY IN THE INDICATIVE COMMERCIAL Offer SHALL RENDER THE BID BEING REJECTED ON THE GROUNDS OF NON-SUBMISSION OF THE BID SECURITY.

19.4 MSEs registered under single point Registration scheme of NSIC/ MSME may be

exempted from payment of cost of RFP & EMD. For this purpose bidder must submit the relevant registration certificate, clearly indicating capacity & monetary limit. The relevant certificate should be valid as on date of opening of tender. In case the capacity & monetary limit specified in the registration certificate is less than the tender value, bidder must get assessed for the competency of the unit to execute contract of the higher tender value keeping in view the pending load of the unit from inspection agency of NSIC/MSME for higher capacity / competence. However, exemption is only for cost of RFP and Bid security. If such a bidder is successful, then bid guarantee as per the RFP documents shall be submitted.

19.5 Any Bid not secured, as above excluding exemption under point (19.4) above, will

be rejected by the Bank, as non-responsive.

19.6 No interest will be payable on the Bid Security amount. Bid Security of unsuccessful bidders will be refunded to the bidders only after completion of the tender process. Bid security of successful bidder will be released after submission of PBG of 10% of total order value valid for entire contract period.

19.7 The bid security shall be forfeited: 19.7.1 If a Vendor withdraws his offer during the period of validity of bid or

19.7.2 In case of a successful Bidder, if the Bidder fails to execute the contract within

the stipulated time or the bidder refuses to accept purchase order or having


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accepted the purchase order, fails to carry out their obligations mentioned therein.

19.8 The Bank’s decision in all the above cases will be final. 20. Bid Validity

20.1 The bidder shall keep the bid valid for a period of six months from the last date of submission of bids which may be extended for further period of three months at the sole discretion of the Bank.

21. Validity Period of Offer 21.1 The rates approved will be valid for a period of two year from the date of issuing

of 1st PO by the Bank which may be further extended for a period of one year subject to annual review.

22. Deadline for Submission of Bids

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

The General Manager Union Bank of India, Central Office, Personal Banking and Operations Dept.,

12th floor, Union Bank Bhavan, 239, Vidhan Bahavn Marg,

Nariman Point, Mumbai 400021 23. Late Bids 23.1 Any bid received by the Bank after the deadline for submission of bid will be

rejected. 24. Buyback of Old Note Sorting Machines

24.1 Bank will place order for supply and installation of Note Sorting Machines with buyback of existing Notes Sorting Machines “as is where is basis”. Bank will provide the details of Note Sorting Machines to be brought back. Bidder should produce the relevant document/s as proof for having collected old Notes Sorting machines, against which payment will be released by the Bank. The condition for buyback is “as is where is basis”. The bidder has to do low level formatting of storage device of Note Sorting Machines and ensure that data has been erased


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from the storage device of Note Sorting Machine. A line of confirmation should be submitted to this effect. The bidder should include the cost of buyback Note Sorting Machines “as is where is basis” in indicative commercial offer. It is the responsibility of bidder to collect old Note Sorting machines from the branch/currency chest of the Bank on their own expenditure. Bank will not bear any transportation charges or any other expenses incurred while collecting the old note sorting machine.

25. Price composition

The price quoted should be in Indian Rupees on a fixed price basis without any escalation whatsoever and should include the following :

25.1 No advance payment against purchase order. 25.2 The price quoted should be in Indian Rupees on a fixed price basis and not subject

to fluctuation of the rupee against foreign currencies or for any other reason(s). There will be no increase in price during the contract period.

25.3 The prices should be exclusive of all taxes i.e. GST, if any, which will be payable

at actual at the time of invoicing. No other charges will be paid by the Bank for delivery, installation, commissioning and training for note sorting machines.

25.4 The vendor should submit tax invoice showing GST (CGST/SGST/IGST) amount

separately in every invoice. 25.5 The prices quoted should also include cost/charges towards Voltage Stabiliser,

freight, forwarding, delivery, installation, transit insurance till installation, commissioning of equipment.

25.6 The prices for AMC will be frozen for period of five years, after the expiry of

warranty period of three years and will include charges towards freight,

forwarding, delivery, installation, transit insurance for spare parts and engineer’s visit charges but excludes all taxes i.e. GST, if any.

25.7 The vendors should quote prices strictly as per the price composition stated

above failing which the offers are likely to be rejected. 25.8 This prices quoted under unit price will be used for quantity mention in RFP. 25.9 The numbers of units mentioned above are notional for arriving at L1 value. The

actual numbers of units may vary and purchase order shall be placed in phased manner based on actual requirements of the Bank from time to time during the rate contract.

25.10 AMC cost should be in the range of 8% to 10% of Note Sorting machine cost 25.11 If the selected Bidder reduces its price or sells or offers to sell the rate

contracted goods under similar items and conditions as in the rate contract, at a price lower than the rate contracted price to any person or organization during the currency of the rate contract, the rate contract price will be automatically


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reduced for all subsequent supplies under the rate contract, with effect from the date from which such offer or sale was made to the outsider and the rate contract will be stand amended accordingly.

26. Service Network 26.1 The bidder should have sufficient number of factory trained service engineers,

service support centres and adequate stock of spares and consumables in atleast 25 states/union territories in India to attend to the maintenance and preventive check-up of the machines within the stipulated time period. Details regarding service support centers throughout the country should be furnished as per Annexure VI alongwith the technical bid. The spares and accessories should be available at all service support centers notified to Bank.

27. Language of Bid

27.1 The bids prepared by the bidder and all correspondence and documents relating to the bids exchanged by the bidder and Bank, shall be written in English.

28. Bidding Process (Two Stages)

The response to the present tender will be submitted at the same time in two parts viz. Technical Bid and Commercial Bid.

28.1 Technical bid 28.1.1 The bidder will have to submit the technical bid in sealed envelopes, giving full

particulars in separate envelop addressed to the General Manager (PBOD) duly super scribed as “RFP for supply, installation, training, commissioning, and maintenance of Note Sorting Machines (model 8+1, 3+1, 2+1 and 1+1 pockets) – Technical Offer”. The Technical offer should be complete in all respect and

contain all information asked for in this document. The Technical Offer should also contain the un-priced commercial bid i.e. Annexure XIX A to D without any price information. The Technical Offer should comprises of the following and it should be duly signed and sealed :

Sr. No.

Title Document Remarks

i. Bid Document (Annexure I) (Annexure II)

To be signed by the authorized signatory duly supported by copy of necessary Board resolution and Power of Attorney, wherever applicable.

ii. Cost of RFP Rs.10,000/- (Rs. Ten Thousand only) towards the cost of RFP, in the form of Demand Draft (DD)/ Pay Order(PO) in favor of Union Bank of India, payable at Mumbai.

iii. EMD Amount of EMD may be deposited in the form of a Demand Draft (DD)/ Pay order (PO) drawn in favor of Union Bank of India payable at Mumbai or Bank Guarantee for a period of one year from the last


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Sr. No.

Title Document Remarks

date of bid submission, obtained from a scheduled commercial bank other than Union Bank of India. (as per details given in Para 19 )

iv. Eligibility Criteria (Annexure III)

Supporting documents in respect of Eligibility criteria as mentioned in the bid documents (Bidders applying for more than one category of machines need to submit one set of supporting documents like financials / proofs etc.). Any other document indicating the features of the

product such as user manual, technical specifications sheets etc.

V. Service Network List of service centres located on Pan India basis Annexure-VI. The bidder should have sufficient number of factory trained service engineers, service support centres and adequate stock of spares and consumables in atleast 25 states/union territories in India to attend to the maintenance and

preventive check-up of the machines within the stipulated time period

VI. Financial Statements Audited B/s and Profit & Loss account for the last FY i.e. 2014-15; 2015-16 and 2016-17 to be submitted.

VII. Installation base of

NSMs Proof of purchase order / execution order to be

submitted to satisfy minimum eligibility criteria as mentioned in Annexure III. Bidders should quote for only time tested make and model which is in use in India for the last one year (for which proof shall be furnished).

VIII RFP A complete set of this RFP document alongwith addendums/amendments, duly signed and sealed on each page is to submitted.

IX. Authorization letter/ Undertaking

Technical Specification - Annexure – IV A to D Bidder information - Annexure V Undertaking by Bidder- Annexure VIII Performance Statement - Annexure VII Compliance Statement – Annexure X Letter of Authority for participation in Reverse Auction – Annexure XI Know Your Employee – Annexure XXI Unpriced Indicator Commercial Bid – Annexure XIX

A to D


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28.1.2 It is mandatory to submit the Technical Offer as per the format suggested herein above duly filled in, alongwith the other documents. The Bank, at its discretion, may not evaluate a Technical Offer in case of non-submission or partial submission of technical & other details. The Bank will not normally allow/permit changes in the technical specifications at a later date. The relevant product information proposed to be deployed along with technical specifications should be submitted with the Technical Offer. Failure to submit this information along with

the offer could result in disqualification. 28.1.3 The Technical Offer must be submitted in an organized and structured manner.

No brochures/leaflets etc. should be submitted in loose form. There should be one common serial number running through everything submitted. A recommended practice is to number the documents and show document number and page number as in 6-30, meaning page 30 of document 6. The table of contents should clearly indicate the number of pages in each document (e.g., pages 1 to 30 in Document No.6).

28.1.4 Technical supporting documents will not contain any pricing or commercial

information at all. Technical supporting documents with any commercial

information will be rejected. 28.2 Commercial bid 28.2.1 The bidder will have to submit the commercial bid in sealed envelopes, giving full

particulars in separate envelop addressed to the General Manager (PBOD) duly super scribed as “RFP for supply, installation, training, commissioning, and maintenance of Note Sorting Machines (model 8+1, 3+1, 2+1 and 1+1 pockets) –Indicative Commercial Offer”. The relevant price information should be given only in Indian Rupees.

28.2.2 The Indicative commercial offer must not contradict the Technical offer in any

manner whatsoever and should include the indicative cost of all the items offered. The Technical Offer should be sufficient to verify that all requirement asked for are quoted in the indicative Commercial Offer. Indicative Commercial Offer is as per Annexure XX A to D. This must contain all price information.

28.2.3 The vendors should not offer any options or any conditional offers to the Bank

while giving the price information. The offer should strictly be in conformity with the items as specified by the Bank. No additions or deletions to the Annexure are allowed. Any deviations may lead to disqualification of the bid.

29. Bid Opening and Preliminary Scrutiny

29.1 Integrity Pact (IP) signed by authorized signatory submitted by bidder will be reviewed and if it is as per prescribed format then only TECHNICAL BID will be opened and evaluated.

29.2 The technical bid will be opened on 01.08.2018 at 1615 hrs, at Union Bank of

India, Personal Banking and Operations Department, 12th floor, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400021 in the presence of intending bidders


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or their Representatives who may be deputed to remain present at the time of bid opening. No separate intimation shall be sent to the bidders for their presence at the time of opening of technical bid. Only one Authorized Representative will be allowed to witness the bid opening upon submitting the authorization letter issued by the Bidder Company as well as Identity Card. The price bids of the technically responsive bidders whose machines are found acceptable will be opened in the presence of the bid opening committee and the

date of opening of commercial bids will be informed to the technically qualified bidders.

29.3 If any of the Bidders or all the Bidders, who submitted Bids are not present during

the specified date and time of opening, the Bank will proceed further with opening of the Bids in their absence.

29.4 The Bank will scrutinize the Bid/s received to determine whether they are

complete in all respects as per the requirement of RFP and subsequent clarifications, whether technical specifications as required to evaluate the offer has been submitted, whether the documents have been properly signed and whether items are offered as per this RFP requirements. Eligibility Criteria,

Technical Bid submitted by the Bidder will be evaluated based on the terms and conditions of the RFP and subsequent clarifications, if any.

29.5 The Bank may reject any proposal not containing all the requirements called for

in various Annexures. Technical Bid must contain required/ relevant information on all the items including optional items, if any, without fail.

29.6 Bank has the right not to entertain any correspondence on any matter relating to

this RFP like Technical responsiveness/ non-responsiveness of the Bidders etc. Bank’s decision will be final in this matter.

30. Overview of Evaluation Process

Technical evaluation process

30.1 The bids received within the due date and time only will be considered for

evaluation. 30.2 The Technical Bid shall be opened and the qualification of the bidders will be

evaluated to ensure meeting the minimum eligible criteria as stipulated by the Bank.

30.3 The technical evaluation of those bidder who are meeting minimum eligibility

criteria will be carried out including the following:

30.4 Meeting the technical specifications of Note Sorting Machines. 30.5 Agreement to the scope of work, meeting SLAs and Terms and Conditions 30.6 Participation in Reverse Auction.


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30.7 Feedback from reference sites on services offered by vendor. Bank may carry out the reference site check for satisfactory services during evaluation process.

30.8 Compliance to the un-priced Indicative commercial offer. 30.9 Technical bids of the bidders who satisfy the prequalification criteria will be

evaluated for compliance of other terms and conditions and also compliance of

the machine/model offered to the technical specifications.

Testing of Machines

30.10 The bidders, whose Technical bids are found to be in order in all respects, will be advised to give a demonstration of the model of the Note Sorting Machine offered to explain the various features listed in the Technical Bid.

30.11 The bidder has to make available the machine for conducting these tests for

which no payment will be made. These tests shall be conducted at Mumbai at a place specified by the Bank at a specified time in the presence of bidder’s representative, Bank’s officials and Consultants if any appointed for conducting

the tests. 30.12 The bidder shall handover the NSM offered to be tested in a standard condition.

Once the NSM has been handed over for test, the representative of the bidder shall not be allowed to touch the machines in any manner over the entire period of testing.

30.13 The testing is likely to be continued for minimum 30 hours of operating time

spread over 6 days.

30.14 The detailed procedure for conducting these tests is given hereunder. Based on the test results, the bank will shortlist machines which are considered to be

suitable. 30.15 The machine will be subject to the following tests:

30.15.1 Speed test to check the machine’s speed; 30.15.2 Authenticity check with reference to the features of genuine notes as disclosed

by the RBI to sort suspect notes; 30.15.3 Fitness sorting with reference to the fitness parameters laid down by RBI; 30.15.4 Consistency test to check the consistency of the machine’s performance; 30.15.5 Stress test to check the suitability of the machine to work continuously for long

hours.

30.16 The bid shall be treated as technically disqualified for any of the following reasons. 30.16.1 Machine not able to detect counterfeit note as suspect 30.16.2 Machine fails to achieve minimum speed as stipulated in RFP

30.16.3 Machine not having minimum Feeder/Hooper capacity.

30.17 On the basis of performance of the machines, technical evaluation of NSMs shall

be done which shall be of 50 marks. Bidders shall have to secure minimum 80%


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marks in Stress Test of Note Sorting Machines. Those bidders who secure minimum

80% marks in Stress Tests of Note Sorting Machines shall be finally considered

successful in the Technical Bid and will be considered eligible for Commercial

Bidding. No weightage above cut off marks scored in stress test shall be given in

reverse auction.

30.18 The decision of the Bank regarding suitability of a machine shall be final and

binding on the bidder.

30.19 The price bids of only the successfully qualified bidders whose Technical bids and

machines are found acceptable will be opened subsequently on the date that will

be conveyed to them.

30.20 Bank will select L1, L2 and L3 bidder based on their performance, price and

availability of service location.

Commercial evaluation process

30.21 For finalization of the most competitive offer, the Bank will conduct ‘Reverse

Auction’ in the event of 2 or more bidders are technically eligible for each model. In case only one bidder qualifies technically, Bank may opt for re-tendering. The detailed procedure and Business rules for the Reverse Auction is given as per Annexure IX and are also available on Bank’s web site. The bidder will be required to submit a compliance statement as per Annexure X and letter of authority for

participation in reverse auction, as per Annexure XI. 30.22 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’ under E-Procurement process.

30.23 The lowest Indicative commercial offers will be taken as the starting bid of the

Reverse Auction and not for deciding the L-1 status. Bidders should note that the

indicative commercial bid is considered for the purpose of conducting ‘Reverse Auction’ process only.

30.24 The L-1, L2 and L3 bidder will be decided later, only on the basis of the lowest

price (Cost of Machine + AMC charges for 5 years (cost to the Bank)) through Reverse auction. L2 and L3 bidders will have to match L1 price. The orders may be split at the sole discretion of the Bank between L1, L2 and L3 in the ratio of 50%, 30% and 20% respectively. In case the L2/L3 bidder does not / cannot match the prices with the L1 bidder, under the RFP there shall be an option to make an offer to L4 bidder and so on and so forth for matching the L1 price. In case only L2 bidder matches the L1 price, the order shall be split in the ratio of 70% and 30%. Further, if no other bidder matches the prices of L1 bidder, bank may award


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100% orders to L1 bidder. The decision of splitting as above will be at the sole discretion of the Bank and the Bank may or may not implement the splitting.

30.25 The L-1 bidder emerging at the end of the Reverse Auction process and all other

bidders who have matched L1 price, shall be required to submit the break-up of his Final price (last bid price) again in Annexure XX A to D. Failure or refusal to offer the services/goods at the price committed through Reverse Auction shall

result into forfeiting of the EMD by the Bank. 30.26 The final decision on the bidder will be taken by Union Bank of India. Union 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 without assigning any reason whatsoever.

31. Verification of Reference Installations 31.1 Bank may, if it deems necessary, ask for presentations of the bidder or site visits

of their facilities to asses and satisfy itself on manufacturing/supply chain and support capabilities of the bidders.

31.2 Bank shall have the right to cross verify and ascertain all the information

submitted and seeking confidential reports from the previous clients before short listing the applicants.

32. Limitation of Liability 32.1 Vendor's aggregate liability under the contract shall be limited to the maximum of

the Contract value. This limit shall not apply to third party claims for 1) IP infringement indemnity; 2) bodily injury (including death) and damage to real property and tangible property caused by vendor's gross negligence. Vendor shall not in any event be liable for any indirect, consequential, incidental or special

damage, or loss of profit, business, revenue, goodwill, anticipated saving or data, or third party claim except with respect to bodily injury (including death) and damage to real and tangible personal property for which vendor is legally liable. For the purpose of this section, Contract value at any given point of time, means the aggregate value of the purchase orders placed by Bank on the vendor that gave rise to claim, under this tender.

33. Pre-dispatch Inspection 33.1 Bank will conduct the pre-dispatch inspection at least once during the rate

contract. Bank shall also be free to carry out such inspection as and when required by the Bank. The bidder shall make all necessary arrangement for this

purpose. Bank will also conduct the random acceptance testing of select Note sorting Machines etc. to ascertain their configuration and quality. Bank will bear the expenses incurred for pre-dispatch inspection viz.travel, boarding and lodging etc.


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General Terms and Conditions

1. Signing of Contract 1.1 The successful bidder shall execute the Confidentiality / Non-Disclosure

Agreement (NDA) as per Annexure XII and Service Level Agreement as per

Annexure XV with the Bank. RFP document and corrigendum will be the part of the contract. There will not be any additional clause in the Service Level Agreement apart from RFP document and corrigendum.

1.2 The successful bidder shall execute the SLA within 2 weeks from the date of

acceptance of purchase order and NDA within one week after receiving the purchase order or within such extended period as may be permitted by the Bank on the basis of Tender Document, the tender of the successful bidder, the letter of acceptance and with such other terms and conditions as may be determined by the Bank to be necessary for the due performance of the work in accordance with the Bid and acceptance thereof. Payment will not be released in the absence of above signed agreement.

2. Performance Bank Guarantee

2.1 The selected Bidder will be required to submit to the Bank a Performance Bank

Guarantee for 10% of the Invoice amount (Invoice Price of the number of machines proposed to be purchased from the supplier excluding the AMC charges) for onsite warranty period, along with the unconditional letter of acceptance within 15 days of the date of approval letter issued by the Bank. If the supplier fails to submit the Bank Guarantee (as per Bank’s format in Annexure -XVI) along with the unconditional letter of acceptance within the stipulated period, the Bank reserves the right to invoke the Bank Guarantee for the Earnest Money Deposit based on the communication received from the Bank and cancel the

purchase contract. On satisfactory completion of the onsite warranty period and submission of Bank Guarantee for AMC, this performance guarantee shall be discharged and returned to the bidder.

3. Payments Terms 3.1 The Bank will not pay any advance for supply of the machines. All payments will

be through e-payment mode only. The bills and invoices shall be prepared by the bidder and submitted to Currency Chest Division, Personal Banking Division, CO, Mumbai.

3.2 Bidder has to show the bifurcation/details of applicable GST (CGST/SGST/IGST) in

every invoice. Any upward / downward revision of GST will be borne by the Bank. 3.3 80% of the value of the Note Sorting Machine will be paid on delivery, installation

and successful commissioning of machine as per terms and conditions. The payment will be made against delivery challans, invoices and successful installation report duly signed by the Bank Officials.


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3.4 20% of the amount shall be released immediately on submission of Performance Bank Guarantee equivalent to 10% of the cost (Basic Price of the number of machines proposed to be purchased from the supplier by the bank) valid till onsite warranty period. The same shall be released after onsite warranty on submission of performance bank guarantee of 20% of the cost of AMC for the period of 63 months as per Bank’s format given in Annexure XVIII. The BG should be in favour of Union Bank of India and valid for the warranty period of the Note

Sorting Machine. 3.5 Various parameters, set out by the Bank and duly committed by the supplier while

participating in the bid process, shall be demonstrated after installation at each of the location. If the machine does not stand the test, the order stands automatically cancelled and the supplier shall not be entitled for any payment and the machines shall be taken back at the cost, risk etc. of the supplier. Further in such an event the EMD/Performance Guarantee deposited by the bidder shall be forfeited / invoked.

3.6 The machines of category 8+1 shall once again undergo a stress test after

installation by the supplier for 5 hours each day for a period of 6 working days at

the branch/Currency Chest. For other category of machines i.e. 3+1, 2+1 & 1+1 the stress test shall be conducted for 5 hours each day for a period of 3 working days. On commissioning the machine, Branch Manager will certify that the machine is running satisfactorily. The bidder shall be required to furnish his own certification as stated in para 3.7 below. The machine shall be deemed to have been delivered, installed, commissioned and handed over to the specified currency chest / non-currency chest branch only after these two certifications. The payment would not be released if the machine fails to perform satisfactorily for a period of 6 working days/3 working days, as applicable, from the date of installation and until such time it is rectified / replaced to the satisfaction of the Bank.

3.7 The bidder shall furnish a certificate that the machines are new, based on proven and established technology and are as per the Bank Requirement and Technical Specifications mentioned in the bidding document, free from defective material and workmanship and suitable for Indian conditions..

3.8 Invoice amount will be paid by the Bank as per terms stated in RFP subject to

compliance of the following: 3.8.1 Satisfactory installation and commissioning of the machine and accessories as per

the parameters mentioned in the Technical bid, general terms and conditions of the tender.

3.8.2 Production of the following documents pertaining to the delivery & installation of the machine and accessories in original.

3.8.2.1 Original (Bidder's) Invoice showing Contract No, Goods description, quantity, unit price, total amount, Serial Nos. of the Equipment/s etc. (sum total should be given).

3.8.2.2 Certificate as mentioned in para 3.7 3.8.2.3 Installation Certificate 3.8.2.4 Commissioning Certificate


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3.8.3 Compliance with regard to training of Bank’s staff as stipulated in para no. 16.1 of General Terms and Condition.

3.8.4 Execution of separate Annual Maintenance Contract as per the format attached (Annexure XVIII).

3.9 In the event of any breach of terms and conditions and/ or failure to service the

machine(s) by the supplier as per the terms and conditions, Bank shall have the

right to invoke the Performance Bank Guarantee. 3.10 Applicable Tax deduction at source (TDS), if any, as per law in f o r c e , will be

deducted at the time of releasing the payments. The payments will be released only through NEFT / RTGS and the Selected Bidder has to provide necessary Bank Details like Account No., Bank’s Name with Branch, IFSC Code etc.

3.11 Payment will be released within 30 days from the date of receipt of the invoice

and the date of sign-off given by the bank officials whichever is later.

3.12 Bidder need to provide the information like PAN/GST/TAN/bank details/etc required for releasing payment on their letter head along with invoices. In case

bidder provides incorrect information, bank will not be responsible. 4. Delivery 4.1 On acceptance of bid, the Bank shall issue a Letter of Approval to the successful

bidder. The Bidder shall give an unconditional letter of acceptance of offer, provide Performance Guarantee and enter into Service Level Agreement i. e. contract with the Bank as per the format (enclosed as Annexure XV) within 15 days of the date of letter of intent failing which the Bank reserves the right to invoke the Bank Guarantee for the Earnest Money Deposit and cancel the purchase contract. Firm purchase order will be placed by the Bank, only after the successful bidder signs the Agreement.

4.2 Time is the essence of this contract. The supply of all machines shall be

completed within the period mentioned below from the date of issue of confirmed purchase order :

Period from the date of issue of

confirmed purchase order

NSM (8+1 pocket)

NSM (3+1 pocket)

NSM (2+1 pocket)

NSM (1+1 pocket)

First 30 days 7 120 30 30 Next 30 days 120 22 17 Next 30 days 120 Next 30 days 109 Total 7 469 52 47

4.3 In case the supplier fails to supply the machine/accessories within the above

delivery period, the Bank shall be at liberty to cancel the order for the

undelivered machines.


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4.4 If the supplier fails to deliver the machines as above and in such eventua l i ty , EMD shall be forfeited or the Performance Bank Guarantee shall be invoked. The supplier shall continue to carry out all his obligations under this contract, including onsite warranty and AMC, in respect of the machines that may have already been supplied and commissioned before cancellation.

4.5 The machines shall be installed and commissioned within five working days of

delivery at Branch/Currency Chest. Various parameters set out by the Bank and duly committed by the supplier, while participating in the bid process, shall be demonstrated after installation at each of the location. In case the machine does not function properly during the installation / demonstration, the same shall be immediately replaced with a new machine.

4.6 The decision of the Bank in regards to cancellation of the purchase order and

forfeiting the EMD/invoking Performance Guarantee shall be final. 5. System Up Time 5.1 Bidder has to guarantee minimum uptime of 97% quarterly during services period

[both Warranty and AMC]. For calculation purpose of up time, Bank will consider working hours as specified by the Bank. For this purpose total elapsed time between receiving the break down message (over telephone or otherwise) and making the system functional or providing standby machine, will be treated as down time

6. Road Permit 6.1 In case of delivery of note sorting machines in the states where Road Permit is

required for transportation of goods, it is the responsibility of Bidders to procure the same making all the arrangements required well in advance without any extra cost to the Bank. However Bank will provide letter, if required by the Bidders for

getting the permit. The Bank shall not be responsible for any delay on this account. However, the Bank may consider, in exceptional circumstances and purely at its sole discretion, granting additional time for completion of supply, if it is satisfied that the delay was on account of delay in issuing road permits by the concerned authorities and not on account of any delay or lapse on the part of the supplier. No correspondence shall be entertained from the bidders.

7. Transfer of Title 7.1 Title of ownership of NSMs supplied under this contract passed on to the Bank on

satisfactory installation and commissioning of NSM at the site.

8. Availability of Spares 8.1 Spares for the Note Sorting Machines offered should be easily available for at

least 8 years from the date of successful installation of the machine. 9. Installation


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9.1 The supplier shall arrange at its cost for the transportation and delivery of the machines and accessories to the Bank’s Branches/Currency Chests situated at various locations in India and shall install and commission them at site and conduct such stress tests as per the requirement of the Bank, as mentioned in this document.

9.2 Installation and commissioning of the machine to the satisfaction of the Bank is

the responsibility of the Bidder. 9.3 Any damage to existing structure, fixtures or fittings of t h e b a n k during the

installation shall be made good by the supplier at his own cost. 10. Warranty 10.1 The Successful Bidder further represents and warrants that Note Sorting Machines

delivered under and in accordance with this Contract shall have no defect, arising from design or from any act, error/defect or omission of the Successful Bidder during the warranty period.

10.2 The offer must include all inclusive on-site warranty of minimum three years from the date of satisfactory installation and commissioning of Note Sorting machine. Bidder shall warrant Note Sorting machines against any manufacturing defects during the warranty period. During this period, the bidder shall ensure that the machines shall at all time be kept in efficient and satisfactory running condition up to 97% uptime by undertaking appropriate preventive maintenance at monthly intervals by monitoring the performance of the machines.

10.3 Warranty will cover each and every part of the machine including consumable.

10.4 During the warranty period, bidder shall maintain the equipment and

repair/replace all the defective parts, regardless of cost factor involved,

rectify/remove any defects in material components, workmanship and functioning that may occur under normal use and provide consumables (i.e. Belts, Roller, Wheel etc. including spares) at the installed site, free of cost to the Bank.

10.5 Any malfunctioning or breakdown of the machine or shortfall in its performance

will be intimated to the bidder by the Bank and bidder shall attend to complaints, repairing/replacing parts, providing stand-by machines etc. on the same working day.

10.6 Services of the personnel whose contact details are informed in writing to

Currency Chest Division, PBOD, CO, Mumbai will only be utilized. Engaging services of any third party (including bidder’s subsidiaries, associates, sister

concerns etc.) by the bidder for providing maintenance support will not be accepted. The engineers/technicians of the bidder alone shall carry out monthly preventive check-up and maintenance.

10.7 The company should have sufficient number of factory trained services engineers,

service support centres and adequate stock of spares and consumables at various


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locations in India to attend to the maintenance and preventive check-up of the machines within the stipulated time period.

10.8 The spares and accessories should be available at all service centres notified to

Currency Chest Division, PBOD, CO, Mumbai 11. Service Level Agreement (SLA) and Penalty

11.1 The Bidder will take total responsibility for the fault free operation and

maintenance of Note Sorting Machine during the warranty and post warranty (AMC period) for a total duration of eight years. The bidder will accomplish preventive and breakdown maintenance activities to ensure that the Note Sorting Machine works without defect or interruption of operation and give at least 97% uptime on quarterly basis.

11.2 The bidder has to ensure on-site support (without any extra cost) for resolving all

hardware equipment related issues, during warranty and AMC period. During the warranty & AMC period, bidder should undertake to provide free maintenance service (which will include repair and maintenance of all systems, kits or parts,

spare parts etc as and when required) to the Bank from the date of commissioning of the Note Sorting Machine.

11.3 Bidder need to maintain spare parts of Note Sorting Machine during the contract

period of 8 years and should maintain the stock of spare parts at their service centres so that bidder can provide the support without much delay.

11.4 If the machine cannot be made serviceable either by repair or by replacement

and put back the system into regular operation within 2 working days in metros, 3 working days in urban and 5 working days in semi-urban & rural branches, on account of any breakdown due to machine failures/repairs/settings, a similar stand-by machine in good working condition shall be provided at the cost of the

bidder failing which a penalty at the rate of Rs. 1,000/- (Rupees One thousand only) per day for the first 10 days and Rs.5000/- (Rupees Five Thousand only) per day beyond 10 days for all categories of NSMs will be imposed and deducted from any payment due to the bidder or from the EMD or by invoking the Performance Guarantee

11.5 In addition to the above, in case of not meeting the SLA i.e. minimum 97% uptime

on quarterly basis, there will be a penalty of 1% of cost of faulty Note Sorting Machine, including taxes will be charged during the warranty and AMC period. The upper cap for the above penalty will be 10% of Note Sorting machine, including taxes during the warranty period and 10% of the AMC value of faulty Note Sorting Machine, including taxes after warranty period.

11.6 If the preventive maintenance is not attended, as stipulated under clause 10.6

above, proportionate charges, based on the AMC amount for first year after the onsite warranty period of 3 years quoted by the supplier, will be deducted from any payment due to the bidder or from the EDM or by invoking the Performance Guarantee


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11.7 Downtimes on account of bank will be exempted from the downtime penalties. 12. Annual Maintenance Contract (AMC) 12.1 The bidder shall quote their rates for Annual Maintenance Contract (AMC) for five

years after the expiry of the onsite warranty period of three years. The AMC will cover the entire machine parts and accessories, inclusive of the spares.

12.2 The bidder shall sign a separate Annual Maintenance Contract with the Bank

(before the expiry of onsite warranty period), in the format attached (Annexure XVII), for a period of 5 years for satisfactory comprehensive maintenance of the machines and shall provide a Bank Guarantee equivalent to 20% of the total cost of AMC valid for a period of 63 months (i.e. AMC period of 60 months + 3 months grace period beyond the date of completion of all contractual obligation). Thereafter, BG shall be returned after expiry of the above period. The performance guarantee of AMC to be submitted six months before expiry of onsite warranty period.

12.3 AMC cost should be in the range of 8% to 10% of Note Sorting machine cost.

12.4 The AMC charges shall be payable by branches/currency chest where Note

Sorting Machine is installed on half yearly basis after satisfactory completion of service during the period subject to Tax Deduction at Sources(TDS) as per relevant provisions of Finance Act from time to time.

12.5 During the AMC period, the bidder shall provide all services including quarterly

preventive checks and attending to complaints, repairing/replacing parts, providing stand-by machines etc as required during Onsite warranty period.

12.6 During the AMC period the supplier shall, at his own cost, replace any defective

parts, regardless to cost factor involved , rectify/remove any defects in material

components, workmanship and functioning that may occur under normal use and provide consumables (l.e. Belts, Roller, Wheel etc., including spares) free of cost to the Bank.

12.7 During AMC period, failure to attend to the complaints on the same working day

or preventive maintenance will attract the same penalty as specified for the Onsite warranty period.

13. Undertaking to use new components 13.1 Bidder should give an undertaking to the Bank that the Note Sorting Machines

(including all components) delivered to the Bank are brand new. The bidder

should also give an undertaking in writing that all the software supplied by the bidder is licensed and legally obtained. This undertaking to the Bank is to be signed by a company secretary or Director or Head of marketing of the Company.

14. Order Termination


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14.1 The Bank at its option without prejudice to its rights under the Contract, is entitled to terminate the Contract without any cost to the Bank and recover expenditure incurred by the Bank, at any time by giving 30 days written notice to the bidder in the following circumstance

14.1.1 in case the Bidder does not comply with any of his obligations/undertakings under this Contract.

14.1.2 if the design, specifications, functions or performance of the machines supplied

by the Bidder do not conform to the approved technical specifications and other requirements specified in this contract or agreed to by the bidder

14.1.3 Delay in delivery and installation of Note Sorting Machine. 14.1.4 Failure of the successful bidder to accept the contract and furnish the

performance Bank Guarantee equal to 10% of the total cost of machines within 30 days from receipt of purchase contract.

14.1.5 if the Bidder refrains from implementing any of the instructions received from the Bank within the stipulation of this Contract.

14.1.6 in case of any breach of the terms and conditions of this contract by the supplier. 14.1.7 An attachment is levied or continues to be levied for a period of 7 days upon

effects of the agreement. 14.1.8 An act of omission by the Bidder, its employees, its agents, or employees of the

consortium in the performance of the services provided by this contract 14.2 If the Supplier becomes bankrupt or insolvent or causes or suffers any losses,

receiver to be appointed for its business or any assets thereof, compounded with its Creditors, or being a corporation, commence to be wound up for the purpose of amalgamation or reconstruction, or carry on its business under a Receiver for the benefit of its Creditors, the Bank shall be at liberty to terminate the contract forthwith upon coming to know of the happening of any such event as aforesaid by notice in writing to the Supplier or to the Receiver or Liquidator or to any person in whom the Contact may become vested or give such Receiver Liquidator or any other person the option of carrying out the contract subject to his providing guarantee for the amount specified by the bank.

14.3 In the event of such termination, EMD shall be forfeited or the Performance Bank

Guarantee shall be invoked and the Bank shall have the right to terminate bidder ship and deny any future empanelment. However, the bidder shall continue to carry out all his obligations under this contract, including onsite warranty and AMC, in respect of the machines that may have already been supplied and commissioned before cancellation.

15. Deduction from Purchase Price 15.1 The bidder shall reimburse the Bank all costs, charges, damages or expenses

which the Bank may have paid or suffered and to the extent to which the bidder

is obliged and responsible under this Contract to do so, within 30 days upon written request of the Bank failing which such costs, charges, damages or expenses including statutory payments, if any, shall be deducted by the Bank from any money due or becoming due to the bidder under this contract or any other Contract or may be recovered by encashment of Bank Guarantees or by arbitration/action of law or otherwise from the Supplier.


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16. Training

16.1 The bidder shall associate the site staff during the testing of the machine/s. The bidder shall also train the staff in the proper operation and trouble identifying, troubleshooting and routine maintenance at each and every location. On successful installation & Commissioning of the machine, training for two days shall be provided through trained Service Engineer.

17. Insurance 17.1 The insurance to be taken by Bidder shall be for an amount equal to 110% of the

CIF value of the goods delivered at the respective branches/currency chests covering all risks (Terrorist attack, fire, burglary, SRCC, natural calamities such as earth quake, flood etc.) till commissioning of the machine at the location. The cost of insurance shall be borne by the bidder.

18. Enforceability 18.1 The decision of the Bank in arriving at the conclusion of breach of conditions

and/or default of supplier will be accepted by the supplier without any demur and the Bank will be at liberty to enforce these conditions/rights.

19. Assignment 19.1 The whole of the works (separately for each type of Note Sorting Machines)

included in the contract shall be executed by the bidder and shall not directly or indirectly transfer, assign or sublet the contract or any part, share or interest therein without written consent of the Bank.

20. Indemnity

20.1 The Bidder shall, at its own expense, defend and/or settle any third-party claims against the Bank alleging that the products manufactured by Bidder and supplied under this contract infringes the patent, trademark, design or copyright of such third-party in India.

20.2 Bidder will provide infringement remedies and indemnities for third party

Products, on a pass through basis. If the Bank is required to pay compensation to a third party resulting from such infringement, the bidder shall be fully responsible to pay such compensation along with all costs, damages and attorney's fees and other expenses that a court may finally award, in the event of the matter being adjudicated by a court or that be included in a bidder approved settlement. The Bank will issue notice to the bidder of any such claim without

delay and provide reasonable assistance to the bidder in disposal of such claim, and shall at no time admit to any liability for, or express any intent, to settle the claim. The bidder shall also reimburse all incidental costs such as cost towards maintenance to up keep the equipment, travelling cost for this purpose etc., which the Bank may incur in this regard.


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20.3 If such a claim is made or appears likely to be made, the Bank agrees to permit bidder to enable the Bank to continue to use the Product, or to modify it, provided no order otherwise has been passed by a court or replace it with one that is at least functionally equivalent. If bidder determines that none of these alternatives is reasonably available, the Bank agrees to return the Product to bidder on its written request, upon which the bidder will then give the Bank a credit equal to:

20.3.1 For equipment, its invoice value as paid by the Bank to the bidder; 20.3.2 For Materials, the amount the Bank paid bidder for the creation of the

Materials.

20.4 This Section stipulates Bidder’s entire obligation to the Bank regarding any claim of infringement. Bidder has no obligation regarding any such claim based on:

20.4.1 Anything the Bank provides which is incorporated into a Product or bidder’s compliance with any designs, specifications, or instructions provided by the Bank or by a third party on the Bank’s behalf;

20.4.2 Bank’s modification of a Product’s use in other than its Specified Operating Environment;

20.4.3 The combination, operation, or use of a Product with other products not provided by Bidder as a system, or the combination, operation or use of a Product with any product, data, apparatus, or business method that Bidder did not provide, or the distribution, operation or use of a Product for the benefit of a third party outside the Bank.

20.5 Bidder shall also defend and/or settle any third-party claims against the Bank for

: 20.5.1 Bodily injury (including death) and damage to real property and tangible personal

property caused by bidder’s negligence on the part of the bidder’s employees, agents or representatives.

20.5.2 Any claim or proceeding brought by a third party against the Bank as a consequence of the above.

20.5.3 Any claim made upon and any action taken against the Bank by any statutory authority or Court on account of the Bidder’s failure to comply with any laws, orders and regulations applicable to the performance by Bidder of its obligations under this Agreement.

20.6 In the event of the Bidder not fulfilling its obligations under this Section within

the period specified in the notice issued by the Bank, Bank has the right to recover the amounts due to it under this provision from any amount payable to

the Bidder under this Agreement. 20.7 Bidder shall be liable for any breach or any non-performance by the Bidder of any

of its undertakings, warranties, covenants, representations or obligations under this Agreement, subject to the provisions of Limitation of Liability.

21. Force Majeure


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21.1 Notwithstanding the provisions of the RFP, the successful Bidder or Bank 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 as event of Force Majeure. For purposes of this clause, “Force Majeure” means an event beyond the control of the Bidder and not involving Bank or Bidder’s fault or

negligence and not foreseeable. Such events may include, but not restricted to Acts of God or of public enemy, acts of Government of India in their sovereign capacity, acts of war, revolutions, epidemics, natural disasters etc. and acts of the Bank accident either by fires, floods, strikes, lock-outs and freight embargoes.

21.2 If force majeure situation arises, the Bidder shall promptly notify Bank in writing

of such condition and cause thereof immediately. Unless otherwise directed by Bank in writing, the Bidder shall continue to perform its obligations under contract as far as it is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. In such a case, the time for performance shall be extended by a period(s) not less

than the duration of such delay. If the duration of delay continues beyond a period of three months, the Bank and the Bidder shall hold consultations with each other in an endeavor to find a solution to the problem. Notwithstanding the above, the decision of the Bank shall be final and binding on the Bidder.

21.3 As per the law of contract, consequence of Force Majeure clause naturally leads

to withdrawal from the contract. This clause may be understood as involving non-monetary obligations.

22. Limitation on Promotion 22.1 The bidder shall agree to make no reference to the Bank for the procurement of

products and services hereunder or the agreement in any literature, promotional material, brochures, sales presentation or the like without prior written consent of the Bank.

23. Upgradation 23.1 The bidder confirms that the machine is adaptable to any new series of currency

notes that may be issued by the Reserve Bank of India from time to time with revised security features. The supplier further undertakes to upgrade the features and software of machine from time to time with the onsite warranty period of 3 years and AMC period of 5 years, at no extra cost, to facilitate proper sorting of currency notes and detection of forged/counterfeit notes including any new

currency notes that may be issued or any new security features that may be introduced by the Reserve Bank of India

24. Inspection

24.1 The Bank reserves the right to get the machines and accessories inspected by its

own technical personnel and / or by any other organization / persons engaged for


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the purpose and the bidder shall have no objection and shall cooperate and provide necessary details/information required for such inspection.

25. Resolution of Disputes

25.1 Should any dispute or difference of any kind whatsoever arise between the

purchaser and the supplier in connection with or arising out of the contract, the

parties shall make every effort to resolve amicably such disputes or difference by mutual consultation.

25.2 If after 30 days the parties fail to resolve their disputes or difference by such

mutual consultation, then either the purchaser or the supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute. No arbitration in respect of this matter may be commenced unless such notice is given.

25.3 Any dispute or difference in respect of which a notice of intention to commence

arbitration has been given in accordance with this clause shall be settled in accordance with the Arbitration and Conciliation Act, 1996

25.4 Arbitration proceedings shall be held at the place of the Head Office of the Bank

at Mumbai and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English

25.5 In the event of a dispute or difference of any nature whatsoever between Bank

and the Bidder during the course of the assignment arising as a result of this proposal, the same will be settled through the process of arbitration conducted by a sole Arbitrator appointed by the Bank. Arbitration will be carried out at Bank's office that placed the order.

25.6 Notwithstanding any reference to arbitration herein,

25.6.1 the parties shall continue to perform their respective obligation under the

contract unless they otherwise agree or the matter is such that the work cannot possibly be continued until the decision of the arbitrator is obtained; and

25.6.2 Bank shall pay the bidder any monies due to the supplier unless the dispute is relating to such payment.

26. Waiver 26.1 Non-enforcement by either party of any of the provisions of this Contract shall

not construe or constitute as a waiver of the provision itself or any subsequent breach thereof. The validity of the Contract shall not be affected, should one or

more of its stipulations be or become legally invalid and such stipulation is severable from and not fundamental to the obligations of either party to this Contract. In such a case, the parties shall negotiate in good faith to replace the invalid clause by an agreed stipulation which is in accordance with the applicable Indian Law and which shall be as close as possible to the party’s original indent.

27. Statutory and other Regulations


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27.1 The Supplier shall comply with all the statutory obligations of the Government of

India / State Governments and local authorities applicable and the Bank shall not be liable for any action under the statutes applicable due to non-compliance of statutory obligations by the Supplier.

28. Governing Law and Disputes

28.1 The Bid and the subsequent Contract with the selected Bidder shall be governed

in accordance with the Laws of India and will be subject to the exclusive jurisdiction of Courts in Mumbai.

29. Liability of the Successful Bidder 29.1 Bank shall hold the Successful Bidder, its Successors, Assignees and Administrators

fully liable against loss or liability, claims, actions or proceedings, arising out of non- fulfillment of any obligations under the Contract and such liability of the Successful Bidder will be restricted to the actual amount of the Contract.

29.2 Successful Bidder shall be the principal employer of the employees, agents, contractors, subcontractors etc. engaged by Successful Bidder and shall be vicariously liable for all the acts, deeds or things done by its employees, agents, contractors, subcontractors etc., whether the same is within the scope of power or outside the scope of power, vested or instructions issued by the Bank under the Contract to be issued for this tender.

29.3 However, the Successful Bidder would be given an opportunity to be heard by the

Bank prior to making of a decision in respect of such loss or damage.

30. Negligence

30.1 In connection with the work the provisions of General Terms, if the Successful Bidder neglects to execute the work with due diligence or expedition or refuses or neglects to comply with any reasonable notice given to him in writing calling upon him to make good the failure, neglect or contravention complained of, within such times as may be deemed reasonable and in default, the Bank shall have the right to cancel the Contract holding the Successful bidder liable for the damages that the Bank may sustain in this behalf. Thereafter, the Bank is to be compensated to make good the failure at the risk and cost of the Successful Bidder.

31. Documents:

31.1 The supplier shall supply the undernoted documents

31.1.1 Electrical schematic drawings indicating consumption points. 31.1.2 Two sets of operation and maintenance instructions/ manuals/ catalogues and

two sets of descriptive literature giving, Control / safety circuit diagrams with various set parameters duly marked, wherever applicable shall be supplied along with the machine.


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32. Transfer of Ownership

32.1 The Bidders shall inform the Bank in case of Transfer of Ownership of the

Company. 33. Patents Rights

33.1 The bidder shall indemnify the Bank against all third party claims of infringement

of patent, trademark or industrial design rights arising from the use of goods or any part thereof in India.

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

33.3 The bidder shall expeditiously extinguish any such claims and shall have full rights

to defend it there from. If the Bank is required to pay compensation to a third

party resulting from such infringement, the supplier shall be fully responsible for, including all expenses and court and legal fees.

33.4 The Bank will give notice to the Supplier of any such claim without delay, provide

reasonable assistance to the Supplier in disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim.

33.5 The bidder shall grant to the bank a fully paid-up, irrevocable, non-exclusive

license throughout the territory of India or abroad to access, replicate and use software (and other software items) provided by thebidder, including-all inventions, designs and marks embodied therein in perpetuity.

34. Liquidated damages

34.1 The Bank, at its sole discretion, may decide to accept the delayed supply of any machine(s) with penalty @ 1% of cost of the machine per week or part thereof, subject to a maximum of 10% of the cost of the machine for each machine which is delayed.

34.2 The Bank reserves its right to recover these amounts by any mode such as adjusting from any payment to be made by the Bank to the company or any other mode deemed fit.

34.3 However, the Bank may, at its discretion, waive the liquidated damages in case

the delay cannot be attributed to the bidder

34.4 The decision of the Bank in regard to levy of liquidated damages shall be final 35. Minimum Wages


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35.1 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.

36. Review of Contract and performance

36.1 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.

36.2 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.

37. Proposal Ownership 37.1 The proposal and all supporting documents submitted by the bidders shall become

the property of Union Bank of India unless the bank agrees to the vendor’s specific requests, in writing, that the proposal and documentats be returned or destroyed.

38. Rules for Re-Auction 38.1 Bank may consider the option of a Re-Auction in following circumstances: 38.1.1 During the process of reverse auctions, if there is either no bids from logged in

vendors or only one vendor puts up bid/s, Bank may decide a re-auction by taking fresh Indicative prices from all qualified vendors in sealed cover only, to amend the start price for Re-auction.

38.1.2 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 vendor in the Reverse Auction, Bank may decide Re-Auction while further amending the start price.

38.1.3 Reverse auction will be valid only if two or more bidders are participating in the reverse auction event.

39. Ownership and Retention of Documents 39.1 All information processed, stored, or transmitted by the note sorting machine of

successful Bidder, belongs to the Bank. By having the responsibility to maintain the note sorting machine, the Bidder does not acquire implicit access rights to the information or rights to redistribute the information. The Bidder understands that

civil, criminal, or administrative penalties may apply for failure to protect information appropriately. Any information considered sensitive by the bank must be protected by the successful Bidder from unauthorized disclosure, modification or access. The bank’s decision will be final.

39.2 Types of sensitive information that will be found on note sorting machine which the Bidder plans to support or have access to include, but are not limited to


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Information subject to special statutory protection, legal actions, disciplinary actions, complaints, IT security, pending cases, civil and criminal investigations, etc.

39.3 The successful Bidder shall not publish or disclose in any manner, without the

Bank’s prior written consent, the details of any security safeguards designed, developed, or implemented by the Bidder or existing at any of the Bank location.

The Bidder will have to develop procedures and implementation plans to ensure that IT resources leaving the control of the assigned user (such as being reassigned, removed for repair, replaced, or upgraded) are cleared of all Bank data and sensitive application software. The Bidder will have to also ensure that all subcontractors who are involved in providing such security safeguards or part of it shall not publish or disclose in any manner, without the Bank’s prior written consent, the details of any security safeguards designed, developed, or implemented by the Bidder or existing at any Bank location.

40. Notification of Award 40.1 Prior to expiration of the period of Bid validity, the Bank will notify the successful

Bidders in writing or by e-mail that their Bids have been accepted. 40.2 Upon notification of award to successful bidders, Bank will notify each

unsuccessful Bidder and will discharge their Bid security. After selection of the Bidders, the Bank will follow its internal procedure for necessary approvals and thereafter proceed with placing of letter of approval or otherwise to the Bidders.

41. Confidentiality 41.1 This document contains information confidential and proprietary to the Bank.

Additionally, the bidder will be exposed by virtue of the contracted activities to the internal business information of the Bank. Disclosures of receipt of this RFP or

any part of the aforementioned information to parties not directly involved in providing the services requested could result in the disqualification of the vendors, premature termination of the contract, and / or legal action against the vendors for breach of trust.

41.2 Selected bidder will have to sign a legal non-disclosure agreement with the Bank before starting the project.

41.3 The bidder (and his employees) shall not, unless the Bank gives permission in

writing, disclose any part or whole of this RFP document, of the proposal and/or contract, or any specification, plan, drawing, pattern, sample or information furnished by the Bank (including the users), in connection therewith to any person

other than a person employed by the bidder in the performance of the proposal and/or contract. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. The bidder (and his employees) will maintain strict confidentiality.

41.4 The vendor, his employees and agents shall not, without prior written consent

from the Bank, make any use of any document or information given by the Bank


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or its Authorized personnel, except for purposes of performing the contract award.

41.5 In case of breach the Bank shall take such legal action as it may be advised.

42. Adherence of Cyber Security Policy:

42.1 Bidders are liable for not meeting the security standards or desired security aspects of all the ICT resources as per Bank's IT / Cyber Security Policy. The IT / Cyber Security Policy will be shared with successful bidder. Bidders should ensure Data Security and protection of note sorting machines managed by them.

42.2 The deputed persons should aware about Bank’s IT/IS/Cyber security policy and

have to maintain the utmost secrecy & confidentiality of the bank’s data including process performed at the Bank premises. At any time, if it comes to the notice of the bank that data has been compromised/disclosed/misused/misappropriated then bank would take suitable action as deemed fit and selected vendor would be required to compensate the bank to the fullest extent of loss incurred by the bank.

42.3 Bidder has to agree and provide undertaking not to disclose any Bank information

and will maintain confidentiality of Bank information as per policy of the Bank and will sign “Non-Disclosure Agreement” document provided by Bank.

42.4 The legal and regularity requirements, including data protection, intellectual

property rights, copy right, all the relevant regulations for sub-contracting, including the controls that need to be implemented shall be included in the supplier agreement.

42.5 The bidder/OEM (Original Equipment Manufacturer) has to certify the supplied

Note Sorting Machine driver and related software is malware free, no zero day

threats and no rootkits.

42.6 All information resources (online/in-person) of the bidder and its partners shall be made accessible to reserve Bank of India as and when sought.

42.7 Credentials of employees of bidder accessing and managing the bank’s critical

assets shall be maintained and shall be accordance with Bank’s policy.

42.8 The Bank shall evaluate, assess, approve, review, control and monitor the risks and materiality of vendor/outsourcing activities and bidder shall ensure to support baseline system security configuration standards. The Bank shall also conduct effective due diligence, oversight and management of third party

vendors/service providers & partners.

42.9 Vendor criticality assessment shall be conducted for all partners & vendors. Appropriate management and assurance on security risks in outsources and partner arrangements shall be ensured.

43. Other terms and conditions


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43.1 In case any information furnished during the bidding process is found to be

incorrect, Bank will not only be summarily rejecting the current bid but the company itself may be debarred from any future bidding with the Bank for a period of 3 years. The Bank may share such information with Indian Bankers’ Association (IBA), which is the voluntary representative body of all banking institutions in the country, who, in turn, may share the information among its

member institutions. This clause would be applicable only if the Bidder fraudulently misrepresents itself to the Bank.

43.2 Bidder should guarantee that all the hardware and software supplied under this

contract to the Bank is licensed and legally obtained.

43.3 Site Not Ready: Bidder shall not be liable for any delay or failure on the part of the Bank to supply adequate infrastructure or support as agreed by the Bank in the SOW. Such delay or failure in providing the adequate infrastructure which hinders the delivery and installation of note sorting machine would amount to the site not being ready for the said activities to be conducted. Bidder shall not be liable for any penalties or damages that may be levied due to this. Bank will

release the payments as per the payment terms.

43.4 All notices regarding corrigenda, addenda, amendments, time-extension, clarification, response to bidders’ queries etc., if any to this RFP, will not be published through any advertisement in newspapers or any other mass media. Prospective bidders shall regularly visit Bank’s website to get themselves updated on changes / development in relation to this RFP

43.5 Please note that any other terms and conditions whether implicitly or explicitly

stated in any of your responses will be ignored.

43.6 The bidder shall agree that until a formal agreement on stamp paper is prepared

and signed with the Bank, this RFP shall constitute a binding contract between the bidder and the bank.

43.7 All the pages of tender document shall be sealed (stamped) and signed by

Authorized signatory as token of having read the entire tender document and understood the instructions, terms & conditions etc. No changes whatsoever be permitted in the tender document and the bid submitted by the bidder shall be strictly as per Bank’s format

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44 Guidelines on Notes Authentication and Fitness Sorting Parameters (Ref : DCM(R&D)No.G-26/18.00.14/2009-10 dated May 11, 2010 from RBI

Introduction A fit note is a note that is genuine, sufficiently clean to allow its denomination to be readily ascertained and thus suitable for recycling. An unfit note is a note that is not

suitable for recycling because of its physical condition or belongs to a series that has been phased out by Reserve Bank of India. All the fitness parameters laid down in this document are to be evaluated individually. A note must pass all the fitness parameters to be considered fit for recycling. These parameters provide the minimum standards for cash handling machines used by banks (hereinafter called ‘the machines’). Notes can only be recycled / reissued if they are evaluated as genuine and fit according to these parameters. Authenticity check is a prerequisite for fitness sorting. Fitness sorting can be done only in case of genuine notes. The machines shall be able to identify and separate suspected counterfeits and notes which are unfit for circulation in terms of these standards in a reliable and consistent fashion.

The Reserve Bank of India phases out certain series (issue) of notes from circulation from time to time. These notes, though considered legal tender unless otherwise specified, are unfit for recycling. As and when the Reserve Bank of India decides to phase out a specific series (issue) of a specific denomination of notes, the machines shall sort all the phased out notes as unfit, irrespective of their physical condition. Applicability These parameters are applicable to machines operated by banks, either directly by their staff or indirectly by their agents. These machines can be of any of the following: machines which check the authenticity and fitness of notes, i.e. note processing machines / note sorting machines, and

machines which check only the authenticity of notes, i.e. note authentication machines. All these machines shall classify the individual notes as either genuine or suspect. Authenticity Check The machines shall perform authenticity check with reference to the features of genuine notes as disclosed by the Reserve Bank of India from time to time. Any note which is not found to be having all the features of a genuine note shall be classified by the machine as suspect. Fitness Sorting

As a part of fitness sorting, notes with any visual or physical defects are to be sorted as unfit as per the criteria set out in Table 1. Table 1: Sorting Criteria

Sr. No. Features Criteria

1 Soiling General distribution of dirt across the entire note

2 Limpness Structural deterioration resulting in a marked lack of stiffness


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Sr. No. Features Criteria

3 Dog-ears Corner folds

4 Tears Lengthwise and crosswise cuts

5 Holes Holes of a specific diameter

6 Stains Localised concentration of dirt

7 Graffiti Deliberate graphic alteration of the note

8 Crumples Multiple random folds

9 Decolouration Lack of ink on part or whole of the note, e.g. a washed note

10 Folds Folds reducing the length or width of the note

11 Repair Note repaired using adhesive tape/ paper/ glue

1. Soiling Soiling refers to the general distribution of dirt across the entire note or in some patterns. It is a measure of the loss of reflectivity from the unprinted areas due to dirt, ageing (yellowing), wear and extraneous markings and includes decolouration due to ageing, excessive folding wear and other wearing. Soiling increases the optical density and decreases the reflectance of the notes. Notes exceeding the soiling levels set out in Table 2 shall be sorted as unfit. Both the obverse and the reverse of the note shall be checked for soiling.

Table 2: Soiling Levels

Sr.No. Denomination Maximum Density difference

Minimum Reflectance

Filters

1 Rs. 5 0.07 85 % Yellow

2 Rs. 10 0.07 85 % Yellow

3 Rs. 20 0.06 87 % Yellow

4 Rs. 50 0.06 87 % Yellow

5 Rs. 100 0.05 90 % Cyan

6 Rs. 500 0.04 93 % Cyan

7 Rs. 1000 0.03 95 % Cyan

2. Limpness Limpness relates to structural deterioration or wear resulting in a marked lack of stiffness in the note paper. Notes with a very low stiffness shall be sorted as unfit. Notes with very

low stiffness of paper, i.e. with paper which is worn out in circulation or mechanically mutilated shall be sorted out as unfit. Detectors for paper quality shall be adapted to the same level as for soiling. 3. Dog-Ears Notes with dog-ears with an area of more than 130 mm2 and a minimum length of the smaller edge greater than 10 mm shall be sorted as unfit. Chipped notes shall also be sorted as unfit. 4. Tears Notes exhibiting at least one tear at the edge shall be classified as those having tears.

Notes with tears larger than those indicated in Table 3 shall be sorted as unfit.


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Table 3: Tears

Sl. No. Direction Width Length

1 Vertical 4 mm 8 mm

2 Horizontal 4 mm 15 mm

3 Diagonal * 4 mm 18 mm

* Measured by drawing a straight line from the peak of the tear to the edge of the note where the tear begins (rectangular projection), rather than measuring the length of the tear itself. 5. Holes

This refers to notes with at least one visible hole. Notes with holes with area exceeding 10 mm2 shall be sorted as unfit. 6. Stains Stains are visible markings which are not part of the feature of a note. Notes shall be detected as unfit if localized - i.e. with limited extension - stain can be recognised on its surface. In case the total area covered by stains exceeds 500 mm2, the note shall be sorted as unfit. A note with a single stain covering an area of more than 200 mm2 shall be sorted as unfit. Both the obverse and the reverse of the note shall be checked for stains. 7. Graffiti

Graffiti refers to deliberate graphic alteration of the note with for example, figures or letters. Fitness sorting criteria in case of graffiti shall be the same as those for stains. Both the obverse and the reverse of the note shall be checked for graffiti. 8. Crumples/ Folds Crumpled / folded notes shall be sorted as unfit if the folds result in reduction of the original note in length or width greater than 5 mm. 9. Decolouration

Notes affected by decolouration shall be sorted as unfit if the ink is partially or wholly missing from its surface. Both the obverse and the reverse of the note shall be checked for decolouration. 10. Repair A repaired note is created by joining parts of the same note together, for example, by using extraneous matter such as tape, paper or glue. Notes with the following types of repairs shall be sorted as unfit:

Repairs covering an area greater than 100 mm2; or Thickness of the extraneous matter 50 pm or more; or Width of the extraneous matter 10 mm or more; or Length of the extraneous matter 10 mm or more.


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Mutilated, Imperfect and Mismatched Notes A mutilated note is note, of which a portion is missing or which is composed of more than two pieces. An imperfect note is a note, which is wholly or partially, obliterated, shrunk, washed, altered or indecipherable but does not include a mutilated note. A mismatched note is a note, which has been formed by joining a half note of any one note to a half note of another note. Such notes shall be classified as unfit.


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45 Test procedures Machine shall not be disturbed/ tampered during the testing. No mechanic / Service personnel shall be allowed to touch the machine once it has been handed over to the Bank for technical testing. Authenticity check

The machines shall check authenticity of notes with reference to the features of genuine notes as disclosed by the Reserve Bank of India from time to time. Test procedure: A known number of suspect notes, which do not have one or more of the features of genuine notes and which are otherwise in good condition, shall be mixed with about 2000 notes fit for circulation and shall be processed. The machine should detect all the suspect notes.The test should be repeated with at least two other denominations. Speed Test: Test procedure: A known number (N), not less than 2000, of used bank notes of a particular denomination containing fit, soiled and reject notes shall be used for testing. The time taken in seconds (T) to process the notes will be noted and speed will be

calculated using the formula, Speed (S) in notes per hour = 3600N/T. The test should be repeated with at least two other denominations. The average speed of all denominations shall be taken as the speed of the machine. Consistency test The test is carried out to check the consistency of the machine’s performance. The notes used for speed test may be used for this test also. Test procedure: A known number of suspect notes, which do not have one or more of the features of genuine notes and which are otherwise in good condition, shall be mixed with about 2000 notes fit for circulation and shall be processed. The machine should detect all the suspect notes.

Stage 1: The notes are processed through the machine and the number of notes in each output stacker (A, B, C etc) shall be noted and kept aside stacker-wise. If the number of notes in any stacker is less than 100, additional notes shall be processed so that there are at least 100 notes in any stacker. Stage 2: The notes removed from stacker A are then processed through the machine and the total number of notes in all other output stackers (excluding A) shall be noted and expressed as a per cent of the number processed. Stage 3: Test in stage 2 is repeated and result noted.

Stage 4: The notes removed from stacker B in Stage 1 are then processed through the machine and the total number of notes in all other output stackers (excluding B) shall be noted and expressed as a per cent of the number processed. Stage 5: Test in stage 4 is repeated and result noted.


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The procedure is repeated with notes removed from all other stackers in stage 1 and with other denominations. The percentages calculated as above in all the stages shall not be more than 5%. Fitness sorting An unfit note is a note that is not suitable for recycling because of its physical condition or

belongs to a series that has been phased out by Reserve Bank of India. A note must pass all the fitness parameters laid down by RBI to be considered fit for recycling. Notes with any visual or physical defects are to be sorted as unfit as per the criteria set out in Table 1 of the RBI guidelines. Test procedure: For each of the parameter to be checked, at least 10 notes should be selected in such a way that 5 notes have the defect within the permissible limit and 5 notes have the defect more than the permissible limit. For e.g., to check for holes, 5 notes should have a hole less than 10 mm2 and 5 notes should have holes more than 10 mm2 These selected notes should have no other defect except the defect in the parameter to be tested. These selected notes should then be mixed with at least 500 other notes and processed. The machine should correctly sort the 5 notes with defect more than the

permissible limit as unfit. The test should be repeated for other parameters. Stress Test This test is conducted to check the suitability of the machine to work continuously for long hours. The test shall be conducted under conditions similar to those that are available in normal branches and currency chests. Test procedure: The machine should be put to work continuously for 6 hours daily for 5 consecutive days. The machine may be given rest for 10 minutes after each hour of

working. During each hour, the machine should work continuously. Details of stoppages or breakdown, if any, (number of occasions, time, time taken to restart, nature of break down etc) and other defects or abnormal behavior etc noticed during the test should be carefully recorded


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46 Annexure I – Tender Offer

(Letter to the Bank on the bidder’s letterhead)

Date :……………. To, The General Manager, Union Bank of India, Personal Banking and Operations Dept., 12th floor, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400021, INDIA Dear Sir,

Reg : TENDER – OFFER

We are the OEM (Original Equipment Manufacturer) of Note Sorting machine (8+1 pockets), (4+1 pockets),(3+1 pockets), (2+1 pockets) and (1+1 pockets). We have read and examined the tender document for Note Sorting Machines and understood the instructions, terms and conditions forming part of the RFP. We hereby bid for the execution of the work specified by the Bank within the time to be specified at the rates to be finalized in this bidding process, in accordance with the Technical Specifications, and instructions in writing referred to in the RFP and in all respects and in accordance with, such conditions so far as applicable for the following types of Note Sorting Machines: i. Note Sorting Machine (8+1 pockets) ii. Note Sorting Machine (4+1 pockets) iii. Note Sorting Machine (3+1 pockets) iv Note Sorting Machine (2+1 pockets) v. Note Sorting Machine (1+1 pockets)

We agree to keep the bid open for 2 years from the date of letter of intent and not to make any modifications in its terms and conditions of RFP. Demand Draft (DD)/Pay Order (PO) no. ……….dated…………..drawan

on……………………………(Bank) favouring Union Bank of India for a sum of Rs. 10,000/- (Rupees

Ten Thousand only) towards cost of Bid documents is enclosed.

We enclose, as Earnest Money Deposit, Demand Draft (DD)/Pay Order (PO) or Bank Guarantee (BG) the details of which are given hereunder : NOTE : EMD amount to be deposited for each bid separately. However, bid document cost of Rs. 10,000/- (fixed) to be paid irrespective of number of bids. In the event of our withdrawing, or unilaterally modifying, this offer during the period of Tender validity or failure to accept Letter of Intent (LOI) within 15 days of its issue, or failure to furnish Performance Guarantee or to sign the agreement when called upon to do

so, we agree that the Bank shall without prejudice to any other right or remedy, be at liberty to forfeit the said Earnest Money absolutely/ invoke the bank guarantee. We hereby declare that we shall treat the tender documents, drawings and other records connected with the work as secret/confidential documents and shall not communicate


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information/derived there from to any persons other than a person to whom we are authorized to communicate the same or use the information in any manner prejudicial to the safety of the State / the Bank. 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 1988N

Commissions or gratuities, if any paid or to be paid by us to agents relating to this Bid, and contract execution if we are awarded the contract, are listed below:

Name and address of agent Amount & Currency ……….. Purpose of commission or gratuity

(If none, state none)

We are aware that bid will be evaluated separately for each type of Note Sorting Machines (NSM), i.e. Note Sorting Machines 8+1 pocket; 4+1 pockets; 3+1 pockets; 2+1 pockets and 1+1 pockets and that the Bank may place the purchase order with successful bidder for a particular type of NSM.

We hereby confirm that we are agreeable to maintain Note Sorting Machines for a period

of 5 years, after expiry of original guarantee/warrantee period of 3 years of installation of

the machine.

We hereby agree to participate and abide by all terms and conditions of Reverse Auction.

We fully understand that you are not bound to accept the bid merely for the reason that the same is the lowest. Shri. …………………………………………………….., authorized representative of the Company, is the person authorized to negotiate commercial, technical terms & conditions & sign on behalf of the firm any Agreement, Bills & receipts for this work We agree that until a formal agreement on requisite value stamp paper is prepared and

signed, this tender with your written acceptance thereof shall constitute a binding contract between us. Your’s faithfully Authorised Signatories (Name and Designation, seal of the firm)


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47 Annexure II – Undertaking (Letter of Undertaking on Bidder’s Letter Head)

To The General Manager Union Bank of India, Personal Banking and Operations Dept., 12th floor, 239, Vidhan Bhavan Marg,

Nariman Point, Mumbai 400021 Sir,

Sub: RFP for supply, installation, Training, commissioning & maintenance of Note Sorting Machines under rate contract

We herewith submit our Bid Document. 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 Bank 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 as a binding contract between us.

If our bid is accepted, we are to be jointly and severally 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.

Successful bidder means the bidder who is decided and declared so after examination of commercial bids through the process of Reverse Auction.

The names of successful bidder to whom the contract is finally awarded after the completion of second stage (Commercial Bid evaluation through Reverse Auction), shall be displayed on the Notice Board of the Bank at Union Bank of India, Personal Banking and Operations Dept., 12th floor, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400021.

Dated at ____________this _______________day of _______________2018

Yours faithfully, For: ___________________________ Signature: ___________________________ Name: ___________________________


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48 Annexure III – Compliance to Eligibility Criteria

Sr. No.

Eligibility Criteria for Bidders Complied (Yes/No)

Supporting Documents Required

1 The Bidder should be a Company

registered in India under the Companies Act, 1956 and amended Companies Act, 2013 and have operations in India.

Certificate of

Incorporation

2 The bidder should have at least preceding three years experience in supplying 2000+ Note Sorting machines to Public Sector Banks/Scheduled Commercial Bank/Reserve Bank of India as on 31.03.2018

Copy of Purchase Order and satisfactory installation/service Certificate from the PSB/SCB/RBI required.

3 The bidder should be a Registered

Company/Firm having minimum total turnover for last three financial years from the sale of Note Sorting Machines as under :

Type of Machine

Turnover (` in crores)

8+1 ` 2 3+1 ` 30 2+1 ` 2 1+1 ` 1

The turnover should be cumulative for bidders bidding for two or more categories of machines e.g. bidder bidding for 8+1/3+1/2+1 category of machines should have turnover of ` 34 crore (`2+`30+`2 crores) and so on for the last three financial years. This must be the individual company turnover and

not that of any group of companies

A certificate from

Chartered Accountant (Company’s Statutory Auditor) who has signed the audited balance sheet of the Company / Firm confirming turnover of NSMs should be attached. If Co / firm not dealing now with that CA who has signed Balance Sheet of earlier year, the present Chartered Accountant

/Company’s Statutory Auditor can sign the certificate.

4 Bidders should have made operating profit (operating profit i.e. Earnings before interest & taxes) at least in two Financial Years out of three Financial Years i.e. 2014-15, 2015-16 and 2016-17 and the net worth should be positive as on 31.03.2016 & 31.03.2017

Balance Sheet & Profit and loss Account of three FYs i.e. FY 2014-15; FY 2015- 16 and FY 2016-17. A certificate from Chartered Accountant (Company’s Statutory Auditor) who has signed the audited balance sheet of the Company / Firm confirming Operating Profit and Net Worth should be attached. If Co / firm not dealing now with that CA who has signed Balance Sheet of earlier year, the present


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Chartered Accountant /Company’s Statutory Auditor can sign the certificate.

5 Bidder should be an Original Equipment Manufacturers (OEM)

Submit any valid certificate stating that bidder is OEM.

6 Bidder should have supplied minimum 2000 Notes Sorting machines (1+1/2+1/3+1/8+1) of the same brand / same company which it intends to supply under this tender during the last 24 months as on date of RFP to Public Sector Bank/Scheduled Commercial Bank/Reserve Bank of India (RBI). The minimum eligibility for submission of bid

for a particular machines shall be as under :

Category No. of NSMs supplied during the last three financial years

1+1


300 units of the same brand for machines of 1+1 pocket and above category

i.e. 1+1/2+1/3+1/4+1/8+1 etc.

2+1


300 units of the same brand for machines of 2+1 pocket and above category i.e. 2+1/3+1/4+1/8+1 etc.

3+1


750 units of the same brand for machines of 3+1 pocket and above category i.e. 4+1/8+1 etc.

8+1 25 units of model offered.

Copy of Purchase order obtained by the company and execution order to be submitted for last three financial years i.e. 01.04.2015 to 31.03.2018

7 The model offered should be in use in India for a minimum period of past 12 months as on date of RFP

Copy of Purchase order of the model of one year old as on date of RFP.

8 The bidder should not have been black listed by any of Government Authority or

Submit declaration in Annexure - VIII


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Public Sector Undertaking (PSUs) 9 The bidder should ensure that there are

no pending cases against the bidder involving cheating/fraudulent activities.


10 Bidder should not be a defaulter in repayment of installments against credit with any bank.


11 The bidder should have sufficient number of factory trained service engineers, service support centres and adequate stock of spares and consumables in atleast 25 states/union territories in India to attend to the maintenance and preventive check-up of the machines within the stipulated time

period.

Submit report in Annexure VI

12 The bidder should commit themselves to Integrity Pact (IP) with the Bank.

Submit Integrity pact in Annexure XIII

Note : Vendor must comply with all the above mentioned criteria. Non-compliance of any of the criteria will entail rejection of the offer summarily. No further correspondence will be entertained in this case after opening of the Technical Bids. Photocopies of relevant documents / certificates should be submitted as proof in support of the claims made as mentioned in Annexure-III. The Bank reserves the right to verify / evaluate the claims made by the vendor independently.

Authorized Signatory Name: Designation:


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49 Annexure IV A – Technical Specification of 8+1 pockets Note Sorting machines The machines shall perform authenticity check with reference to the features of genuine notes as disclosed by the Reserve Bank of India from time to time. Any note which is not found to be having all the features of a genuine note shall be classified by the machine as suspect.

Notes can only be recycled / reissued if they are evaluated as genuine and fit according to the parameters laid down by RBI (see Guidelines on Note Authentication and Fitness Sorting Parameters attached). Authenticity check is a prerequisite for fitness sorting. Fitness sorting can be done only in case of genuine notes. The machines shall be able to identify and separate suspected counterfeits and notes which are unfit for circulation in terms of these standards in a reliable and consistent fashion. A fit note is a note that is genuine, sufficiently clean to allow its denomination to be readily ascertained and thus suitable for recycling. An unfit note is a note that is not suitable for recycling because of its physical condition or belongs to a series that has been phased out by Reserve Bank of India. All the fitness parameters laid down by RBI are to be evaluated individually. A note must pass all the fitness parameters to be considered fit for

recycling. The bidder should provide the information as per table below as to whether or not their Note Sorting Machines as per bid conform to these points ((Tolerance level as per RBI norms). If any of the criteria is not satisfied by the NSMs as per Bidder^ Assessment or Bank§ Assessment, it will not be considered for further evaluation.

Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No

1 Model number of machine

2 Ergonomic design, sturdy, capable of working in dusty, hot and humid conditions in India

3 Number of Reject Stackers (must be atleast one)

4 Capacity of each Reject Stacker (minimum 100 notes per stacker)

5 Number of Output Stackers (excluding reject stackers) (must be atleast eight)

6 Capacity of the each Output Stacker (minimum 100 notes per stacker)

7 Feeding (Hopper) Capacity (minimum 800 notes) with Assisted Feed mechanism

8 Processing Speed (minimum 33000 Notes/hour)

9 Machine programmable for diverse sorting parameter

10 Machine should work on any orientation of the notes

11 First Note recognition

12 Denomination sorting

13 Orientation sorting

14 Facing sorting

15 Machine must detect and sort suspect/counterfeit note


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Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No

16 The feature extraction technology must be image based with dual CIS to enable scanning of notes on

both the faces.

17 Fitness sorting: The machines shall perform the following fitness sorting functions as per criteria and standards laid down in RBI Guidelines on Note Authentication

A Soiling

B Limpness

C Dog-Ears

D Tears

E Holes

F Stains

G Graffiti

H Crumples/Folds

I Decolouration

J Repair

K Mutilated, Imperfect and Mismatched Notes

18 Batching Arrangement (Batches of 100 notes)

19 Capability of up gradation of software to include new

security features and new currency notes as and when

RBI introduces them.

20 User interface : machine should have attached printer,display with function, menu keys, external display for count of notes at no extra cost.

21 Printer interface facility must be provided free of cost

22 Onsite warranty (3 years, unconditional) AMC – 5 years

23 Machine should have LCD graphic mode Digital display of information with value / Nos. of Notes

24 Machine should be programmable to capture and save serial number of notes.

25 GENERATION OF REPORTS The NSMs should be capable of providing following information as per bank’s requirement : 49.1.1 Denomination wise no. of bank notes

processed/sorted on daily/monthly basis. 49.1.2 NSM should be capable/or upgradable for

recording and keeping series & Sr. No. of notes processed comprising of front and back side, through machine , series sorting facility and detection of RBI declared fake series automatically

49.1.3 Details of users of the NSM

49.1.4 Machine to generate various types of reports such as balance report/customer report/operator report/variance report/reject report/jam


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Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No

recovery report/supervisory report

26 Power Supply requirement

Supply Voltage Range :

Power Consumption :

27 Voltage Stabilizer – inbuilt or external (not inbuilty)? If external (not inbuilt), the make of the voltage stabilizer should be specified and the same should conform to relevant ISI standards and should be offered with the machine at no extra cost.


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50 Annexure IV B – Technical Specification of 3+1 pockets Note Sorting machines The machines shall perform authenticity check with reference to the features of genuine notes as disclosed by the Reserve Bank of India from time to time. Any note which is not found to be having all the features of a genuine note shall be classified by the machine as suspect.



Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No





5 Number of Output Stackers (excluding reject stackers) (must be atleast three)









14 Facing sorting



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Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No


both the faces.


A Soiling

B Limpness

C Dog-Ears

D Tears

E Holes

F Stains

G Graffiti

H Crumples/Folds

I Decolouration

J Repair






20 User interface : machine should have attached printer, display with function, menu keys, external display for count of notes at no extra cost.











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Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No




Power Consumption :



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51 Annexure IV C – Technical Specification of 2+1 pockets Note Sorting machines The machines shall perform authenticity check with reference to the features of genuine notes as disclosed by the Reserve Bank of India from time to time. Any note which is not found to be having all the features of a genuine note shall be classified by the machine as suspect.



Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No





5 Number of Output Stackers (excluding reject stackers) (must be atleast two)









14 Facing sorting



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Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No


both the faces.


A Soiling

B Limpness

C Dog-Ears

D Tears

E Holes

F Stains

G Graffiti

H Crumples/Folds

I Decolouration

J Repair

















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Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No




Power Consumption :



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52 Annexure IV D – Technical Specification of 1+1 pockets Note Sorting machines The machines shall perform authenticity check with reference to the features of genuine notes as disclosed by the Reserve Bank of India from time to time. Any note which is not found to be having all the features of a genuine note shall be classified by the machine as suspect.



Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No





5 Number of Output Stackers (excluding reject stackers) (must be atleast one)









14 Facing sorting



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Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No


both the faces.


A Soiling

B Limpness

C Dog-Ears

D Tears

E Holes

F Stains

G Graffiti

H Crumples/Folds

I Decolouration

J Repair

















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Sr. No.

Details Bidder’s

Assessment Yes/No

Bank’s Assessment

Yes/No




Power Consumption :



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53 Annexure V - Bidder Information

Sr. No.

Parameter Details

1. Name of the Company 2. Constitution of the Company

(Proprietorship / Partnership / Pvt. Ltd. / Public Ltd. and year of establishment)

3. Annual Turnover: (2014-15,2015-16& 2016-17) on account of type of NSMs for which bid is submitted. (Please enclose audited balance sheets and Profit and Loss

4. Local Address of Factory, where Machines are manufactured, with details of facilities available

5. In case of imported machines, name and Address of Principal Suppliers (Details of arrangement to be submitted)

6. Whether the machine has been installed in RBI and if yes, the details

7. Complete details of service network in India viz. Branches/offices, Number of personnel engaged and their cell phone Number.

8. GSTN / PAN No.: (Enclose photocopies) 9. Details of similar supply made during last 3

Financial years ending 31.03.2015. ( Give name of Bank, quantity supplied, period of supply, Model. Enclose copies of satisfactory installation Certificates.)

10. Details of the factory trained qualified engineers with Degree / Diploma :

11. Undertaking as below: 12. Empanelment with any other Bank (PI.

specify):

13. Have your Company and/or Associates have : undertaken any work for Union Bank of India (PI. specify with details)

14. Have you ever been disqualified/de-paneled/blacklisted or levied penalty by Union Bank of India orany other Bank in India for non-fulfillment of contractual obligations in any of the last five accounting years. If yes, please provide details in brief.

15. Have you ever been put on a holiday list or banned by any Public Sector Unit, if yes, please provide details

16 Bidder to enter into pact by execution of agreement as per Annexure XIII (Integrity Pact). In case of Non execution of the same, bids are liable to be rejected. The pact shall be applicable to all stages of RFP


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54 Annexure VI – Service Support Details

Sr. No.

States/Union Territories

Address Contact Number (office

Telephone/Fax)

Name of contact Person with contact details

No. of Maintenance Engineers

Authorized Signatories (Name & Designation, seal of the company) Date:


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55 Annexure VII - Performance Statement

Proforma for Performance Statement (for a period of last 3 years)

NAME OF BID NAME OF FIRM Order Placed by (Full Address of Purchaser)

Order No. and Date

Description and Quantity of ordered Equipment

Value of Order

Date of Completion Remark (reason for late delivery)

Performance of equipment (Attach certificate from customer)

As per contract

Actual

Signature and Seal of Bidder


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Annexure VIII - Undertaking by Bidder Place:

Date: To:

The General Manager Union Bank of India Personal Banking and Operations Dept., 12th floor, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021.

Undertaking (To be submitted by all Bidder’s on their letter head)

We ________________________(bidder name), hereby undertake that-

As on date of submission of tender, we are not blacklisted by the Central Government / any of the State Governments in India or any Financial Institution in India.

We are not involved in any legal case that may affect the solvency / existence of

our firm or in any other way that may affect capability to provide / continue the services to bank.

There are no pending cases against us involving cheating/fraudulent activities.

We are not a defaulter in repayment of installment against credit with any Bank.

Yours faithfully,

Authorized Signatories (Name, Designation and Seal of the Company) Date:


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56 Annexure IX - Business Rules for Reverse Auction RFP for Bank’s “Request for Proposal for Supply, Installation, Customization, Maintenance and Support of Networked Electronic Display Solution under rate contract” Reverse Auction through E-Procurement

The detailed procedure for Reverse Auction to be followed in the Request for Proposal For Supply, Customization, Deployment, Maintenance and Support of Networked Electronic Display Solution under rate contract” Project is given below: The response to the present tender will be submitted by way of submitting the Technical offer & Indicative Commercial offers in separate sealed covers. The technical details with the relevant information /documents/acceptance of all terms and conditions strictly as described in this tender document will have to be submitted by the Bidders. The Indicative commercial bids submitted by the Bidders who are short listed in the technical bid evaluation process will be opened and those Bidders will be invited to participate in the online Reverse Auction to be conducted by the company selected by the Bank. Bidders who are short listed from Technical evaluation will be trained by the Reverse Auction

Company for this purpose, and they will have to abide by the E-business rules framed by the Bank in consultation with Reverse Auction Service provider. The e-business rules are furnished hereunder in this document. Further, please note that the Bidder(s) who do not qualify in the technical bid processes will not be considered for participation in Reverse Auction. For participating in reverse auction digital signature is a pre-requisite. BUSINESS RULES FOR REVERSE AUCTION 1. APPLICABILITY

1.1. Reverse Auctions are carried out under the framework of rules that are called Business Rules.

1.2. All bidders participating in Reverse Auction shall understand/accept and give an undertaking for compliance with the same to the Bank in the prescribed format Exhibit-A.

1.3. Any bidder not willing to submit such an undertaking shall be disqualified for further participation respecting the procurement in question.

2. ELIGIBILITY: 2.1. Only bidders who have submitted Integrity pact (IP) signed by authorized signatory,

Technically qualified and who submit the prescribed undertaking to the Bank alone can participate in Reverse Auction relevant to the procurement for which RFP is

floated. 3. COMPLIANCE/CONFIRMATION FROM BIDDERS: 3.1. The bidders participating in Reverse Auction shall submit the following duly signed

by the same Competent Authority who signs the offer documents in response to the RFP: 3.1.1. Acceptance of Business Rules for Reverse Auction and undertaking as per


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format in Exhibit-A. 3.1.2. Agreement between service provider and bidder. (This format will be given

by the service provider prior to announcement of Reverse Auction.) 3.1.3. Letter of authority authorizing the name/s of official/s to take part in

Reverse Auction as per format in Exhibit-B. 3.1.4. Undertaking of Process Compliance Statement for RA as per Exhibit C

4. TRAINING 4.1. The Bank will facilitate training for participation in Reverse Auction either on its

own or through the service provider for the Reverse Auction. 4.2. Where necessary, the Bank/service provider may also conduct a ‘mock reverse

auction’ to familiarize the bidders with Reverse Auction process. 4.3. Any bidder/bidder not participating in training and/or ‘mock reverse auction’ shall

do so at his own risk and it shall not be open for him to make any complaint/grievance later.

5. TOTAL COST OF OWNERSHIP (TCO) 5.1. TCO refers to the aggregate amount payable by the Bank for transfer of ownership. 5.2. TCO shall encompass but not be limited to the following:

5.2.1 Cost of services. 5.2.3 All existing taxes (including sales tax/VAT), duties and levies including

service tax.

5.2.4 Installation and commissioning charges, if any. 5.2.5 The prices should include the comprehensive onsite warranty maintenance,

services, and visits to the concerned offices as specified in the RFP. 5.2.6 Training costs for the product/service/equipment if and as defined in RFP. 5.2.7 ATS charges for the period as specified in the RFP

5.3. TCO, however, shall not include variables of octroi and entry tax. These shall be

paid as per actual and on production of receipts. However, no penalties respecting octroi or entry tax shall be paid by the Bank and the bidder shall bear such

expenses. 6. DATE/TIME FOR TRAINING 6.1. The Venue, Date, Time etc. for training in Reverse Auction shall be advised at the

appropriate time. 6.2. The Bank shall Endeavour to fix such Date/Time at mutual convenience to the


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bidder/s, service provider and the Bank. 6.3. No request for postponement/fixing of Training Date/Time shall be entertained

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

7. DATE/TIME OF REVERSE AUCTION

7.1. The Date and Time of commencement of Reverse Auction as also Duration of

‘Reverse Auction Time’ shall be communicated at least 7 working Days prior to such auction

Date. 7.2. Any force majeure or other condition leading to postponement of auction shall

entitle the Bank to postponement of auction even after communication, but, the Bank shall be obliged to communicate to all participating bidders the ‘postponement’ prior to commencement of such ‘Reverse Auction’.

8. CONDUCT OF REVERSE AUCTION

8.1. The Reverse Auction shall be conducted on a specific web portal meant for this

purpose. 8.2. The Reverse Auction may be conducted by the Bank itself or through a service

provider specifically identified/appointed/empanelled by the Bank. 9. SERVICE PROVIDER’S ROLE & RESPONSIBILITIES 9.1. In all Reverse Auctions conducted by the Bank through a Service Provider, the Bank

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

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

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

9.4. The service provider at the end of each Reverse Auction shall provide the bank

with all details of the bids and reports of reverse auction. 9.5. The service provider shall also archive the data pertaining to the Reverse Auction

for a minimum period of 3 years. 10. TRAINING AND AUCTION 10.1. Service provider / auctioneer are responsible for conduct of adequate training to

all technically qualified bidders representing the reverse auction and bidding process.


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10.2. Each bidder / bidder shall participate in the training at his / their own cost. 10.3. Wherever it is considered necessary and asked by the bidders or as decided by the

auctioneer or by Bank a mock auction may also be conducted for the benefit of all concerned.

10.4. Authorized representatives of the bidders named in the authorization letter given by the bidder (Exhibit-B) shall be given unique user name, password by the service provider / auctioneer.

10.5. Each bidder shall change the password and edit the information in the registration

page after receipt of initial password. 10.6. All the bids made from the login ID given to bidder shall ipso-facto be considered

bid made by the bidder / bidder to whom login ID and password were assigned by the service provider / auctioneer.

10.7. Any bid once made through registered login ID / password by the bidder / bidder

cannot be cancelled. The bidder, in other words, is bound to sell the “Offering” as per the RFP at the bid price of TCO.

10.8. Every successive bid by the bidder / bidder being decremented bidding shall

replace the earlier bid automatically and the final bid as per the time and log-in ID shall prevail over the earlier bids.

10.9. The Bank shall conduct the reverse auction as per the Standard English reverse

auction, that is, no two bids can have identical price from two different bidders. In other words, there shall never be a “Tie” in bids.

11. PROXY BID

11.1. A proxy bid is one where bidder can submit the lowest bid amount by him in strict

confidence to the system directly. This obviates the need for him participating in the bidding process until the proxy bid amount is decrementally reached by other bidders.

11.2. When proxy bid amount is reached, the bidder has an option to revise the proxy bid

amount or he can prefer to start participating in bidding process. 11.3. Since it is an English auction with no ties, two bidders submitting identical proxy

bid amount and succeeding in auction simultaneously does not arise.

11.4. During training, the issue of proxy bidding will be clarified in detail by the service provider.

12. TRANSPARENCY IN BIDS 12.1. All bidders will be able to view during the auction time the current lowest price in

portal. Bidder shall be able to view not only the lowest bid but also the last bid


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made by him at any point of time during the auction time. 13. MASKING OF NAMES 13.1. Names of bidders/ bidders shall be anonymously masked in the Reverse Auction

process and bidders will be given suitable dummy names.

13.2. After completion of Reverse Auction, the service provider / auctioneer shall submit a report to the Bank with all details of bid and the original names of the bidders as also the L1 bidder with his / their original names.

14. START PRICE 14.1. Bank shall determine the start price either on its own or through asking for

information of price band on TCO from each bidder at appropriate time during or at the conclusion of technical evaluation. Based on the price band so informed by bidders, Bank would determine the start price for reverse auction.

15. DECREMENTAL BID VALUE

15.1. The bidders shall be able to bid only at a specified decrement value and not at

any other fractions. The Bid decrement value shall be Rs. 7500/- or 0.25% of the Start price of the Reverse Auction, whichever is higher.

15.2. The bid decrement value shall be rounded off to the nearest thousands of rupees. 15.3. For the sake of convenience of bidders, the web portal shall display the next

possible decremented value of bid. It is not, however, obligatory on the part of bidders to bid at the next immediate lower level only. (That is, bids can be even at 2 or 3 lower levels than the immediate lower level and should not exceed 2% of the bid value )

16. COPY OF BUSINESS RULES 16.1. The Bank shall supply copy of the Business rules to any bidders / bidders, wishing

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

16.2. The Bank shall also handover a copy of the Business Rules with a covering letter

duly signed by an authorized signatory of the Bank. 16.3. For any dispute concerning the Business Rules, the hard copy of Business Rules

supplied by the Bank for the reference of reverse auction process will alone be considered final and bidding.

17. SPLITTING OF ORDERS 17.1. If any RFP specifically authorizes splitting of orders for the sake of reducing

dependency on single source of supply or provision of service, Bank is entitled to split the order in the order and as provided in RFP.

17.2. While splitting the order, Bank shall specify the maximum quantum for L1, L2 etc.


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in RFP. 17.3. In case L2 bidder is not willing to supply at L1 price, Bank shall call L3, L4 etc. in

order to arrive at the split quantum to be awarded. 17.4. The Bank shall also be entitled to award the contract to L2, L3 or L4 etc. bidders in

the event of L1 bidder backing out to honor the commitment, or for that matter not in a position to supply the offering as per RFP.

18. REVERSE AUCTION PROCESS 18.1. In order to reduce the time involved in the procurement process, Bank shall be

entitled to complete the entire procurement process through a single Reverse Auction. For this purpose, Bank shall do all it can to award the contract to L1 bidder or in the circumstances where awarding of contract may have to be done to the L2, L3 bidder as provided for in the RFP.

18.2. The Bank shall however, be entitled to cancel the procurement of Reverse Auction,

if in its view procurement or reverse auction process cannot be conducted in a fair manner and / or in the interest of the Bank.

18.3. The successful bidder shall be obliged to provide a Bill of Material at the last bid

price at the close of auction. 19. EXPENDITURE ON REVERSE AUCTION 19.1. All expenses of reverse auction shall be borne by the Bank. 19.2. Bidders, however, shall attend the training or mock auction at their own cost. 20. CHANGES IN BUSINESS RULES 20.1. Any change in Business Rules as may become emergent and based on the

experience gained shall be made only by a Committee of senior / top executives of the Bank.

20.2. Any / all changes made in Business Rules shall be uploaded in the Website immediately.

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

21. DON’TS APPLICABLE TO THE BIDDER/BIDDER 21.1. No bidder shall involve himself / itself or any of his / its representatives in any

price manipulation directly or indirectly with other bidders. If any such practice

comes to the notice, Bank shall disqualify the bidder / bidders concerned from the reverse auction process.

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

21.3. Neither Bank nor service provider / auctioneer can be held responsible for


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consequential damages such as no power supply, system problem, inability to use the system, loss of electronic information, power interruptions, UPS failure, etc. (Bank shall, however, entertain any such issues of interruptions, problems with open mind and fair degree of transparency in the process before deciding to stop or extend the auction.)

22. GRIEVANCES REDRESSAL

22.1. Any aggrieved bidder / bidder through Reverse Auction process can make complaint

in writing within 48 hours of the Reverse Auction to the Chief Compliance Officer of the Bank.

22.2. The Chief Compliance Officer along with the Chief Law Officer of the bank and Chief of Audit Dept. shall give personal hearing to the aggrieved bidder / bidder and decide upon the complaint / grievance.

22.3. Decision of the Grievance Redressal Committee shall be binding on the Bank as well as on all bidders participating in the Reverse Auction.

22.4 Any bidder can also make complain in writing to our IEMs within 48 hours of the reverse auction.

23. ERRORS AND OMISSIONS 23.1. On any issue or area of material concern respecting Reverse Auction not

specifically dealt with in these Business Rules, the decision of the bank shall be final and binding on all concerned.

Place: Date: Signature: Name & Designation: Business Address:


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57 Annexure X - Compliance Statement To, Union Bank of India Personal Banking and Operations Dept., 12th floor, 239, Vidhan Bhavan Marg,

Nariman Point, Mumbai – 400 021

DECLARATION

We ______________________ (name of the company) hereby confirm having submitted our bid for participating in Bank’s RFP dated _________ for _________________________.

We also confirm having read the terms of RFP as well as the Business Rules relating to the Reverse Auction for this RFP process.

We hereby undertake and agree to abide by all the terms and conditions stipulated by Union Bank of India in the RFP document including all annexures and the Business Rules for Reverse Auction.

We shall participate in the on-line auction conducted by _______________ Ltd. (Auction

Company) and submit our commercial bid. We shall also abide by the procedures prescribed for online auction by the auction company.

We, hereby confirm that we will honor the Bids placed by us during the auction process, failing which we shall forfeit the EMD. We also understand that the bank may debar us from participating in future tenders.

We confirm having nominated Mr. ________________, designated as ______________ of our company to participate in the Reverse Auction on behalf of the company. We undertake that the company shall be bound by the bids made by him in Reverse Auction.

We undertake to submit the confirmation of last bid price by us to the auction company/Bank within 48 working hours of the completion of event. We also undertake to submit the Bill of Materials for the TCO (Total Cost of Ownership) in terms of RFP.

Signature with company seal

Name –

Company / Organization – Designation within Company / Organization – Address of Company / Organization –

Date: Name of Authorized Representative: _______________________ Signature of Authorized Representative: ____________________ Verified above signature Competent Authority Signature : ___________________________ Date: _________________


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58 Annexure XI – Letter of Authority for participation in Reverse Auction

To, Union Bank of India Personal Banking and Operations Dept., 12th Floor, 239, Vidhan Bhavan Marg, Nariman Point,

Mumbai 400021 We ______________________(name of the company) have submitted our bid for participating in Bank’s RFP dated _________ for procurement of ____________.

We also confirm having read and understood the terms of RFP as well as the Business Rules relating to the Reverse Auction for this RFP process.

As per the terms of RFP and Business rules, we nominate Mr. ______________, designated as ______________ of our company to participate in the Reverse Auction.

We accordingly authorize Bank and / or the Auction Company to issue user ID and password to the above named official of the company.

Both Bank and the auction company shall contact the above named official for any and all matters relating to the Reverse Auction.

We, hereby confirm that we will honor the Bids placed by Mr. __________ on behalf of the company in the auction process, failing which we will forfeit the EMD. We agree and understand that the bank may debar us from participating in future tenders for any such failure on our part.

Signature with company seal

Name –

Company / Organization – Designation within Company / Organization – Address of Company / Organization – Date : Name of Authorized Representative: ______________________ Designation of Authorized Representative: _________________ Signature of Authorized Representative: __________________ Verified by : _________________________________________

Signature of Verifying Authority: ______________________ Date: ________________


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59 Annexure XII - Confidentiality / Non Discloser Agreement This CONFIDENTIALITY AGREEMENT (the “Agreement”) entered into on this ______day of 2017, and shall be deemed to have become in full force and effect from _____________________(the “Effective Date”).

BY and between M/s.__________________ a company incorporated under the provisions of the Companies Act, _________ in force in India, having its registered office at ______________________________________________ (hereinafter referred to as “--------” or ‘Vendor” which expression shall, unless it be repugnant or contrary to the context or meaning thereof, mean and include its, successors and permitted assigns) of the ONE PART AND Union Bank of India, a corresponding new bank constituted under section 3 of Banking Companies (Acquisition & Transfer of Undertakings) Act 1970 having its Head office at Union Bank Bhavan, VidhanBhavanMarg, Nariman Point, Mumbai – 400021 (hereinafter referred to as “Union Bank” or “Bank” which expression shall, unless it be repugnant to

the context or meaning thereof, mean and include its successors and permitted assigns), of the OTHER PART:

---------- and the Bank shall hereinafter jointly be referred to as “Parties” and individually as a “Party”. In this Agreement, “Affiliate” means any entity which from time to time Controls, is Controlled by or is under common Control with the relevant party or entity, where “Control” means having the ability (including, without limitation, by means of a majority of voting rights or the right to appoint or remove a majority of the board of directors) to control the management and policies of an entity.

W H E R E A S:-

A. Vendor inter-alia is engaged in the business of providing IT related solutions & services to various business entities in India & abroad.

B. Union Bank has agreed to disclose, transmit, receive, and/or exchange certain

“confidential information” to cover the business transaction between parties for the provision of services related to ---------------------------------------------------- (“the Purpose”) as more particularly described in Purchase Order no.---------------- dated----------------------, issued by Union Bank in favor of M/s. -----------------------.

NOW THIS AGREEMENT WITNESSETH:

1. Interpretation: In this Agreement “Confidential Information” means all information belonging to a Party that is or has been disclosed to one Party (the “Receiving Party”) by the other Party (the “Disclosing Party”) in connection with the business transacted/ to be transacted between the Parties. Confidential information shall also include any copy, abstract, extract,


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sample, note or module thereof. The Receiving Party may use the Confidential Information solely for and in connection with the business transacted/ to be transacted between the Parties.

Notwithstanding the foregoing, “Confidential Information” shall not include any

information which the Receiving Party can show: (a) is now or subsequently becomes or is

in possession of the Receiving Party, legally and publicly available without breach of this

Agreement by the Receiving Party, (b) was rightfully in the possession of the Receiving

Party without any obligation of confidentiality prior to receiving it from the Disclosing

Party, (c) was rightfully obtained by the Receiving Party from a source other than the

Disclosing Party without any obligation of confidentiality, (d) was developed by or for the

Receiving Party independently and without reference to any Confidential Information and

such independent development can be shown by documentary evidence, or (e) is disclosed

pursuant to an order of a court or governmental agency as so required by such order,

provided that the Receiving Party shall, unless prohibited by law or regulation, promptly

notify the Disclosing Party of such order and afford the Disclosing Party the opportunity to

seek appropriate protective order relating to such disclosure.

2. Confidentiality: 2.1 Except to the extent as agreed herein, the Receiving Party agrees to regard,

preserve and keep as secret and confidential all Confidential Information of the Disclosing Party or its clients or any member of their group disclosed under this Agreement. In maintaining confidentiality hereunder the Receiving Party agrees and accepts that it shall not, either on its own account or jointly with or for any other person, firm, company or any other entity, without obtaining the written

consent of the disclosing party;

i) disclose, transmit, reproduce or make available any such Confidential Information to any person firm, company or any other entity other than its directors, partners, advisers, agents or employees, who need to know the same for the purpose of evaluating, preparing, considering, negotiating, advising in relation to or in furtherance of the purpose aforesaid; or

ii) use the Confidential Information for any purpose other than evaluating, preparing, considering, negotiating, advising in relation to or in furtherance of the purpose for which it is disclosed; or

iii) disclose, announce or otherwise publicize the existence of its association with the Disclosing Party or the existence of the project with the Disclosing Party or any other arrangement (existing or possible) between the disclosing party, its clients or itself in connection with any project/assignment; or

iv) use any such Confidential Information for its own benefit or the benefit of others or do anything prejudicial to the interests of the Disclosing Party or its clients or any member of their group or their projects.

2.2 The Receiving Party also agrees and accepts that it may endeavor:

i) use at least the same degree of care in safeguarding such Confidential Information as it uses for its own Confidential information of like importance and such degree of care shall be at least that which is reasonably calculated to prevent such inadvertent disclosure;


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ii) keep the Confidential Information and any copies thereof secure and in such a way so as to prevent unauthorized access by any third party;

iii) limit access to such Confidential Information to those of its (including its Affiliates’) directors, partners, advisers, agents or employees who are directly involved in the consideration/evaluation of the Confidential Information and bind each of its directors, partners, advisers, agents or employees so involved to protect the Confidential Information in the manner prescribed in this Agreement; and

iv) upon discovery of any disclosure or suspected disclosure of Confidential Information, to take reasonable effort to as per the circumstances, to inform the Disclosing Party of such disclosure in writing and immediately return to the Disclosing Party all such Information, in whatsoever form, including any and all copies thereof.

3. Return or destruction: The Receiving Party may, upon completion of the purpose mentioned aforesaid or at any time on receipt of a written demand from the disclosing party:

i) immediately return all written Confidential Information and all copies thereof provided to, or produced by, it or its advisers, as the case may be, which is in such party’s possession or under its custody and control;

ii) to the extent practicable, but without prejudice to the obligations of confidentiality herein, immediately destroy all analyses, compilations, notes, studies, memoranda or other documents prepared by it or its advisers to the extent that the same contain, reflect or derive from Confidential Information relating to the other party;

iii) so far as it is practicable to do so (but, in any event, without prejudice to the obligations of confidentiality contained in this Agreement), immediately expunge any Confidential Information relating to the Disclosing Party or its clients or any member of their group or their projects from any computer, word processor or other device in its possession or under its custody and control.

4. Permitted disclosure: The provisions of paragraph 2 shall not restrict any disclosure required by law or by any court of competent jurisdiction, the rules and regulations of any recognized stock exchange or any enquiry or investigation by any governmental, official or regulatory body which is lawfully entitled to require any such disclosure provided that, so far as it is lawful and practical to do so prior to such disclosure, the Receiving Party shall promptly notify

the other party of such requirement with a view to providing the opportunity for the Provider to contest such disclosure or otherwise to agree the timing and content of such disclosure. 5. Ownership of Information:

Except to the extent as agreed herein, the Confidential Information and copies thereof, in whatsoever form shall at all times remain the property of the Disclosing Party or its clients and its disclosure shall not confer on the Receiving Party any rights (including any intellectual property rights) over the Confidential Information whatsoever beyond those

contained in this Agreement. 6. No Representation:


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Neither the disclosure, transmission receipt or exchange of Confidential Information nor anything else in this Agreement will constitute an offer by or on behalf of the Disclosing Party or be construed as soliciting any business or organization changes or any assurance of any business commitment or an inducement to incur / undertake any obligations not specified herein and neither party will be under any obligation to accept any offer or proposal which may be made by the other or on behalf of such other party. 7. Remedies and Relief:

The parties hereto acknowledge that remedies at law may be inadequate to protect the Disclosing Party or its clients against any actual breach of this Agreement by the Receiving Party, and, without prejudice to any other right and remedies otherwise available to the Disclosing Party or its clients, the Receiving Party agrees that Disclosing Party has a right to seek injunctive relief in its favor upon proof of actual damage and upon establishment of the fact that such actual damage has taken place due to reasons directly attributable upon the Receiving Party. Such injunctive relief shall be in addition to any other remedies available hereunder, whether at law or equity. Disclosing Party shall be entitled to

recover its cost and fees, including Advocate’s fees, incurred in obtaining any such relief. Further, in the event of litigation relating to this Agreement, the prevailing party shall be entitled to recover its cost and expenses including Advocate’s fees. 8. No Assignment:

This Agreement shall not be assigned by either party, by operation of law or otherwise, without the prior written consent of the other party. This Agreement shall inure to the benefit of and will be binding upon the parties’ respective successors and permitted assigns.

9. Severability:

In the event that any of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect by a Court of competent jurisdiction, the validity, legality, or enforceability of the remaining provisions contained in this agreement will not be in any way affected or impaired by such a finding. 10. Delay or Waiver:

No delay or failure of either Party in exercising any right hereunder and no partial or single exercise thereof shall be deemed of itself to constitute a waiver or an expectation of non-enforcement of such right or any other rights hereunder. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced. A waiver or consent given by either party on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion. 11. Notices:

Notices as required by this Agreement shall be sent to the Parties at the addresses mentioned first herein above or such other addresses as the Parties may designate from time to time, and shall be sent by certified or registered mail with acknowledgement due on receipt.


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12. Term

This Agreement shall commence from the Effective Date of this Agreement and shall be valid for a period of 5 years there from. Confidentiality obligations under this Agreement

shall continue to be binding and applicable without limit in point in time except and until such information enters the public domain, without breach of the agreement.. Either Party may terminate this Agreement for breach, if the defaulting Party fails to rectify the breach within the one month notice period issued by the non-defaulting Party. Upon expiration or termination as contemplated herein the Receiving Party shall immediately cease any and all disclosures or uses of Confidential Information; and at the request of Disclosing Party, the Receiving Party shall promptly return or destroy all written, graphic or other tangible forms of the Confidential Information and all copies, abstracts, extracts, samples, notes or modules thereof. 13. Governing Law:

The provisions of this Agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Mumbai.

14. Indemnity:

The Receiving Party agree to indemnify and hold harmless the Disclosures against all costs, liability, losses and claims incurred by the Disclosing Party as a result of a breach of this Agreement.

15. Modification:

Modification to any of the provisions of this Agreement shall be void unless it is writing and duly executed by Parties. 16. Headings:

The headings given herein above are for ease of reference only and shall not attach or have any effect/ meaning whatsoever contrary to what is stated in the agreement. 17. Counterparts:

This Agreement has been signed in duplicate, each of which shall be deemed to be an original. The exchange of a fully executed Agreement (in counterparts or otherwise) by fax shall be sufficient to bind the parties to the terms and conditions of this Agreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE EXECUTED BY THEIR AUTHORIZED REPRESENTATIVES ON THIS ______ DAY OF ____ _____

2017_ Signed and delivered by Signed and delivered by


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M/s ________________________ Union Bank of India Signed by: Signed by: Name ……………….……….………. Name …………….……….…………… Title ……………………….………. Title ……………………….………….

in the presence of in the presence of ………………….…………………..…. ………………….……………..………...


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60 Annexure XIII – Pre Contract Integrity Pact Tender Ref. No:…….

INTEGRITY PACT

Whereas Union Bank of India having its registered office at Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai, India -400 021 acting through its ……………… Department, represented by General Manager / Dy. General Manager hereinafter referred to as the Buyer and the first party, proposes to procure (Name or category of the Equipment, services, etc.) hereinafter referred to as Stores and / or Services.

And M/s_____________________________ represented by_____________ Chief Executive Officer, (which term, unless expressly indicated by the contract, shall be deemed to include its successors and its assignee), hereinafter referred to as the bidder/seller and the second party, is willing to offer/has offered the Stores and / or Services. 2. Whereas the Bidder/Seller is a private company/public company/

/partnership/registered export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Public Sector Undertaking and registered under Companies Act 1956. Buyer and Bidder/Seller shall hereinafter be individually referred to as “Party” or collectively as the “parties”, as the context may require.

3. Preamble

Buyer has called for tenders under laid down organizational procedures intending to enter into contract /s for supply / purchase / etc of __________________ and the Bidder /Seller is one amongst several bidders /Proprietary Vendor /Customer Nominated Source/Licensor who has indicated a desire to bid/supply in such tendering process. The Buyer values and takes primary responsibility for values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness / transparency in its relations with its Bidder (s) and / or Seller(s).

In order to achieve these goals, the Buyer will appoint Independent External Monitor(s) (IEM) in consultation with Central Vigilance Commission, who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

4. Commitments of the Buyer 4.1 The Buyer commits itself to take all measures necessary to prevent corruption and

fraudulent practices and to observe the following principles:-

(i) No employee of the Buyer, personally or through family members, will in connection with the tender, or the execution of a contract demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

(ii) The Buyer will during the tender process treat all Bidder(s) /Seller(s) with equity and reason. The Buyer will in particular, before and during the tender process, provide to all Bidder (s) /Seller(s) the same information and will not provide to any Bidders(s) /Seller(s) confidential /additional information


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through which the Bidder(s) / Seller(s) could obtain an advantage in relation to the process or the contract execution.

(iii) The Buyer will exclude from the process all known prejudiced persons.

4.2 If the Buyer obtains information on the conduct of any of its employees which is a

criminal offence under the Indian Legislation Prevention of Corruption Act 1988 as amended from time to time or if there be a substantive suspicion in this regard, the Buyer will inform to its Chief Vigilance Officer and in addition can initiate disciplinary action.

5. Commitments of the Bidder(s) /Seller(s):

5.1 The Bidder(s)/ Seller(s) commit itself to take necessary measures to prevent

corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

(i) The Bidder(s) /Seller(s) will not directly or through any other persons or firm,

offer promise or give to any of the Buyer’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he / she is not legally entitled to, in order to obtain in exchange any advantage during the tendering or qualification process or during the execution of the contract.

(ii) The Bidder(s) /Seller(s) will not enter with other Bidders / Sellers into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.

(iii) The bidder(s) /Seller(s) will not commit any offence under the Indian legislation, Prevention of Corruption Act, 1988 as amended from time to time. Further, the Bidder(s) /Seller(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Buyer as part of the business relationship, regarding plans, technical proposals and business details, including information constrained or transmitted electronically.

(iv) The Bidder(s) /Seller(s) shall ensure compliance of the provisions of this Integrity Pact by its sub-supplier(s) / sub-contractor(s), if any, Further, the Bidder /Seller shall be held responsible for any violation/breach of the provisions by its sub-supplier(s) /Sub-contractor(s).

5.2 The Bidder(s) /Seller(s) shall ensure compliance of the provisions of this Integrity

Pact by its sub-supplier(s) / sub-contractor(s), if any, Further, the Bidder /Seller shall be held responsible for any violation /breach of the provisions by its sub-supplier(s) /sub-contractor(s).

5.3 The Bidder(s) /Seller(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

6. Agents / Agency Commission

The Bidder /Seller confirms and declares to the Buyer that the bidder/Seller is the original manufacturer and has not engaged any individual or firm, whether Indian or Foreign whatsoever, to intercede, facilitate or in any way to recommend to Buyer or any of its functionaries, whether officially or unofficially, to the award of the tender / contract / Purchase order to the Seller/Bidder; nor has any amount


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been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller / Bidder agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in anyway incorrect or if at a later stage it is discovered by the Buyer that the Seller incorrect or if at a later stage it is discovered by the Buyer that the Seller/Bidder has engaged any such individual /firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract /Purchase order, the Seller /Bidder will be liable to refund that amount to the Buyer. The Seller will also be debarred from participating in any RFP / Tender for new projects / program with Buyer for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract / Purchase order either wholly or in part, without any entitlement of compensation to the Seller /Bidder who shall in such event be liable to refund agents / agency commission payments to the buyer made by the Seller /Bidder along with interest at the rate of 2% per annum above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and Base Rate of SBI (State Bank of India) plus 2% (for Indian vendors). The Buyer will also have the right to recover any such amount from any contracts / Purchase order concluded earlier or later with Buyer.

7. Previous Transgression 7.1 The Bidder /Seller declares that no previous transgressions have occurred in the

last three years from the date of signing of this Integrity Pact with any other company in any country conforming to the anti corruption approach or with any other Public Sector Enterprise in India that could justify Bidder’s /Seller’s exclusion from the tender process.

7.2 If the Bidder /Seller makes incorrect statement on this subject, Bidder /Seller can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason without any liability whatsoever on the Buyer.

8. Company Code of Conduct

Bidders /Sellers are also advised to have a company code of conduct (clearly rejecting the use of bribes and other unethical behavior) and a compliance program for the implementation of the code of conduct throughout the company.

9. Sanctions for Violation 9.1 If the Bidder(s) /Seller(s), before award or during execution has committed a

transgression through a violation of Clause 5, above or in any other form such as to put his reliability or credibility in question, the Buyer is entitled to disqualify the Bidder(s) /Seller (s) from the tender process or take action as per the procedure mentioned herein below:

(i) To disqualify the Bidder /Seller with the tender process and exclusion from

future contracts. (ii) To debar the Bidder /Seller from entering into any bid from Buyer for a period

of two years. (iii) To immediately cancel the contract, if already signed /awarded without any

liability on the Buyer to compensate the Bidder /Seller for damages, if any. Subject to Clause 5, any lawful payment due to the Bidder/Seller for supplies effected till date of termination would be made in normal course.

(iv) To encash EMD /Advance Bank Guarantees / Performance Bonds / Warranty


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Bonds, etc. which may have been furnished by the Bidder /Seller to the extent of the undelivered Stores and / or Services.

9.2 If the Buyer obtains Knowledge of conduct of Bidder /Seller or of an employee or

representative or an associate of Bidder /Seller which constitutes corruption, or if the Buyer has substantive suspicion in this regard, the Buyer will inform to its Chief Vigilance Officer.

10. Compensation for Damages 10.1 If the Buyer has disqualified the Bidder(s) /Seller(s) from the tender process prior

to the award according to Clause 8, the Buyer is entitled to demand and recover the damages equivalent to Earnest Money Deposit in case of open tendering.

10.2 If the Buyer has terminated the contract according to Clause 8, or if the Buyer is entitled to terminate the contract according to Clause 8, the Buyer shall be entitled to encash the advance bank guarantee and performance bond / warranty bond, if furnished by the Bidder / Seller, in order to recover the payments, already made by the Buyer for undelivered Stores and / or Services.

11. Price Fall Clause

The Bidder undertakes that it has not supplied /is not supplying same or similar product/systems or subsystems 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 or Coal India Ltd and its subsidiaries during the currency of the contract and if it is found at any stage that same or similar product /Systems or Subsystems was supplied by the Bidder to any other Ministry /Department of the Government of India or a PSU or any Public Sector Bank at a lower price during the currency of the contract, then that very price will be applicable to the present case and the difference in the cost would be refunded by the Bidder to the Buyer, if the contract has already been concluded”.

12. Independent External Monitor(s) 12.1 The Buyer has appointed independent External Monitors for this Integrity Pact in

consultation with the Central Vigilance Commission (Names and Addresses of the Monitors to be given in RFP).

12.2 As soon as the integrity Pact is signed, the Buyer shall provide a copy thereof, along with a brief background of the case to the independent External Monitors.

12.3 The Bidder(s) / Seller(s) if they deem it necessary, May furnish any information as relevant to their bid to the Independent External Monitors.

12.4 If any complaint with regard to violation of the IP is received by the buyer in a procurement case, the buyer shall refer the complaint to the Independent External Monitors for their comments / enquiry.

12.5 If the Independent External Monitors need to peruse the records of the buyer in connection with the complaint sent to them by the buyer, the buyer shall make arrangement for such perusal of records by the independent External Monitors.

12.6 The report of enquiry, if any, made by the Independent External Monitors shall be submitted to MD & CEO, Union Bank Of India, Union Bank Bhavan, Vidhan Bhavan Marg, Nariman Point, Mumbai -21 within 2 weeks, for a final and appropriate decision in the matter keeping in view the provision of this Integrity Pact.

13. Law and Place of Jurisdiction


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This Integrity Pact is subject to Indian Laws, and exclusive Jurisdiction of Courts at Mumbai, India.

14. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provision of the extant law in force relating to any civil or criminal proceedings.

15. Integrity Pact Duration.

15.1 This Integrity Pact begins when both parties have legally signed it. It expires for the successful Bidder / Seller 10 months after the last payment under the contract, and for all other Bidders / Sellers within 6 months form date of placement of order / finalization of contract.

15.2 If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this Integrity Pact as specified above, unless it is discharged / determined by MD & CEO, Union Bank of India.

15.3 Should one or several provisions of this Integrity Pact turn out to be invalid, the reminder of this Integrity Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

16. Other Provisions 16.1 Changes and supplements need to be made in writing. Side agreements have not

been made. 16.2 The Bidders (s)/ Sellers (s) signing this IP shall not initiate any Legal action or

approach any court of law during the examination of any allegations/complaint by IEM and until the IEM delivers its report.

16.3 In view of nature of this Integrity Pact, this Integrity Pact shall not be terminated by any party and will subsist throughout its stated period.

16.4 Nothing contained in this Integrity Pact shall be deemed to assure the bidder / Seller of any success or otherwise in the tendering process.

17. This Integrity Pact is signed with Union Bank of India exclusively and hence shall

not be treated as precedence for signing of IP with MoD or any other Organization.

18. The Parties here by sign this Integrity Pact at________________on ________________

(Seller/Bidder) and ___________on __________ (Buyer) BUYER BIDDER * /SELLER* Signature: Signature: General Manager/Dy G M, Authorized Signatory (*) Union Bank of India,


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…………………………..Division Date: Date: Stamp: Stamp: Witness Witness 1. ______________________ 1. ______________________

______________________ ______________________ 2.______________________ 2. ______________________ ______________________ ______________________ (*) – Authorized signatory of the company who has also signed and submitted

the main bid.


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61 Annexure XIV – Format of Bank Guarantee (EMD) (To be submitted on Non-judicial stamp paper of appropriate value purchased in the Name

of the issuing bank) To, The General Manager, Union Bank of India, Personal Banking and Operations Dept., 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400021 This deed of bark guarantee made on this…………day of……………, two thousand ……………………….as per the request of (name of the customer) (herein after called the vendor) of the guaranteeing bank having its registered office at………………………………… and Branch office at ……………………………………………………………………………… in favour of Union Bank of India having its Head Office at 239 Vidhan Bhawan Marg, Nariman Point, Mumbai (hereinafter called as “The Bank”). WHEREAS ……………………………………………(vendor’s name ) a Company / firm registered under……………………………………..and having its registered office at …………………………………………………………………………………..is bound to deposit with “The Bank” by way of earnest money for `…………………………….Lakh (`………………………………………) towards Note Sorting machines (8+1 pockets) / `…………………………….Lakh (`……………………………………………………………) towards Note Sorting machines (3+1 pockets)/ `…………………………….Lakh (`……………………………………………………………) towards Note Sorting machines (2+1 pockets)/ `…………………………….Lakh (`……………………………………………………………) towards Note Sorting machines (1+1 pockets) (strike out whichever is not applicable) at Union Bank of India’s branches/Currency Chests located all over India and the specifications and terms and conditions enclosed therein. WHEREAS the vendor as per clause, Instructions to vendor’s has agreed to furnish a Bank Guarantee to “The Bank” valid up to………….(date, 12 months from the date of last date of bid submission) in-lieu of deposit of earnest money in cash. NOW THIS WITNESSETH: 1. We ………………………………. Bank having its office at ………….. being a Surety in

consideration of the above tender made by the vendor to “The Bank” hereby undertakes to guarantee payment on demand without demur to Union Bank of India the said amount of `…………/-(`………………………. only) on receipt of the demand in writing from the Union Bank of India. The demand of Union Bank of India is conclusive and we shall not dispute the same.

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

the vendor or by the dissolution or any change in the constitution of the beneficiary Bank, vendor or the surety.

3. Union Bank of India shall be eligible to make any claim under this guarantee if the

vendor 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 Letter of Intent/ Purchase order after “The Bank” has decided to place order with the Vendor for the supply of the Desktop Note Sorting


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Machines or fails to furnish Performance Security as required. Union Bank of India’s decision in this regard shall be final and binding on the surety and the vendor and we shall honour the request for invoking this BG forthwith.

4. We here by undertake not to revoke this guarantee during its currency except with

previous consent of the Union Bank of India in writing. 5. We will make payment pursuant to the demand notice issued by the Union Bank of

India, notwithstanding any dispute that may exist or arise between the Vendor and the Bank or any other person.

6. Any forbearance, act or omission on the part of the Union Bank of India in enforcing

any of the conditions of the said tender or showing of any indulgence by the Bank to the vendor shall not discharge us in any way and our obligations under this guarantee shall be discharged only on receipt of written intimation from Union Bank of India.

7. Notwithstanding anything contained herein before, our liability under this guarantee

is restricted to `……………. /- (`…………………………………… only) and this guarantee shall remain valid up to ………………… (i.e. 12 months from the date of last date for submission of bid). Unless a written claim for payment under this guarantee is lodged on us on or before ……………, we shall be relived from all the liabilities irrespective of whether or not the original guarantee is returned to us.

8. We have the power to issue this guarantee and the person who has executed this

deed has the necessary powers to do so. 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) Place : Date :


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62 Annexure XV – Format of Contract This agreement made the ………day of the month of ………………..in the year 2018 at ………………………………BETWEEN, Union Bank of India, a body Corporate constituted and functioning under the Banking Companies (Acquisition and Transfer of Undertaking) Act 1970 with its Head Office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbao 400 021 and represented by its duly constituted attorney Shri……………… (name and designation), hereinafter referred to as "BANK", which expression shall unless exclude by or repugnant to the context mean and include its successors in interest and assignees, on the one part

and

(Name of the vendor), a company registered under Companies Act, 1956/ a firm registered under Partnership Act 1932 having its registered office at ………………………………………….represented by its (director) Shri……………………………………….hereinafter referred to as the 'SUPPLIER/VENDOR/BIDDER or TENDERER' on the other part; WHEREAS the Bank having agreed to purchase about ………Note Sorting Machines and ………Note Sorting Machines (strike out whichever is not applicable) - (Make/ Model with 8+1 pockets/3+1 pockets/2+1 pockets/1+1 pockets) (strike out whichever is not applicable), hereinafter called the 'Machine' from the vendor who agrees to supply, install, impart training, commission and maintain the said machines, as per the model and the specifications and the terms and conditions contained in the RFP & finalised between the vendor and the Bank, NOW THIS AGREEMENT WITNESSETH as follows; 1. In this agreement words and expression shall have the same meanings as are

respectively assigned to them in the conditions of contract hereinafter referred to. 2. The following documents not inconsistent with these presents shall be deemed to

form and be read and construed as part of this agreement viz; 2.1. The RFP document with all Annexures and Indicative price bids 2.2. The Tender, Letter of Acceptance, Letters from & to the vendor, if any, leading to

and prior to acceptance letter. 2.3. Technical Specifications, Special Conditions, Questionnaire, tender drawings if any,

etc. 2.4. Minutes of pre-bid meeting, if any. 2.5. The details submitted in technical bid, design, and such other documents. In consideration of the payments to be made by the Bank to the vendor, the vendor hereby covenants and agrees with the Bank to complete the works in conformity with and subject to all terms and conditions/rules as mentioned in the General Conditions as also in the aforesaid documents which shall form part of this agreement. In witness whereof the parties hereto have hereunto set their respective hands and seals the day and year first above written. Signed, sealed and delivered by the said vendor,…………………………….to …………………………………..(name of the Bank) in the presence of; Signature of Tenderer (with seal)


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Signature of Authorized representative of the Bank / Accepting Authority. Witness (Signature, Name & Address ): 1)

2)


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63 Annexure XVI – Format of Performance Bank Guarantee To, The General Manager, Union Bank of India, Personal Banking and Operations Dept., 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400021 In consideration of Union Bank of India having its head office at …………………….. (hereinafter called “The Bank”) agreeing to accept the security deposit of `…………….lakhs to be furnished to “The Bank” by Messrs ……………………………………………………(hereinafter referred to as "The Vendor") in terms of contract dated …………. executed by “The Vendor” with you for supply, installation, testing, commissioning of Note Sorting Machines (8+1 pockets), Note Sorting Machines (3+1 pockets), Note Sorting Machines (2+1 pockets) and Note Sorting Machines (1+1 pockets) (strikeout whichever is not applicable) for the Bank's Branches/Currency Chests at locations to be specified by the Bank, as per their Tender No……… dated ………….and General conditions of Contract and other tender documents relating thereto subject to the conditions and alterations mutually agreed upon the set-forth or referred to in your Order/Contract No…………………………..dated …………………….in the form of guarantee from us in the manner hereinafter contained, we (Name of the Bank having head office at …… and one of the branches situated at ………………) do hereby covenant and agree with you as follows:

1. We undertake to guarantee you the payment under this bank guarantee for reason of any breach or breaches on the part of the vendor of any of the terms and conditions contained in the said Contract and in the event of the vendor making any default or default in carrying out any of the work under the said Contract or otherwise in the observance and performance of any of the terms and conditions relating thereto in accordance with the true indent and meaning thereof, we shall forthwith on demand pay to you such sum or sums not exceeding in total the said sum of `……………….. (Guarantee Amount) as may be claimed by you as your losses and/or damages, costs, charges or expenses by reason of such default on the part of the vendor.

2. Notwithstanding anything to the contrary, your decision as to whether the vendor

has made any such default or defaults and the amount or amounts to which you are

entitled by reasons thereof will be binding on us and we shall not be entitled to ask you to establish your claim or claims under this Guarantee but will pay the same forthwith on your demand without any protest or demur.

3. This guarantee shall continue and hold good until it is released by you on the

application by the vendor after expiry of the relative guarantee period of the said Contract and after the Vendor had discharged all his obligations under the said Contract and produced a certificate of due completion of the work under the said contract and submitted a “No Demand Certificate", provided always that this guarantee shall in no event remain in force after ………………………………. (Expiry Date) (i.e. 42 months from date of installation and commissioning of the machines) without prejudice to your claim or claims arisen and demanded from or otherwise notified to us in writing befo re the said date which will be enforceable against us

notwithstanding that the same is or are enforced after the said date.


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4. Should it be necessary to extend this guarantee on account of any reason

whatsoever, we undertake to extend the period of this Guarantee on your request till such time as may be required by you. If you don’t hear from us on such extension within 10 days of your demand, then it can be presumed that we have extended accordingly and your decision in this respect shall be final and binding on us.

5. You will have the fullest liberty without affecting this guarantee from time to time to vary any of the terms and conditions of the said contract or extend the time of performance of the Contractor or to postpone for any time or from time to time any of your rights or powers against the Contractor and either to enforce or forbear to enforce any of the terms and conditions of the said Contract and we shall not be released from our liability under this guarantee by the exercise of your liberty with reference to matters aforesaid or by reason of any time being given to the Contractor or any other forbearance, act or omission on your part or any indulgence by you to the Vendor or by any variation or modification of the said contract or any other act, matter or things whatsoever, which under the law relating to sureties would but for the provisions hereof have the effect of so releasing us from our liability hereunder provided always that nothing herein contained will enlarge our

liability hereunder beyond the limit of `………………………. (Guarantee Amount) as aforesaid.

6. This guarantee shall not in any way be affected by your taking or varying or giving up

any securities from the vendor or any other person, firm or company on its behalf or by the winding up, dissolution, insolvency or death as the case may be, of the Vendor.

7. In order to give full effect to the guarantee herein contained you shall be entitled to

act as if we were your principal debtors in respect of all your claims against the Contractor hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of surety-ship and other rights, if any, which are in any way inconsistent

with any of the provisions of this guarantee. 8. Subject to the maximum limit of our liability as aforesaid, this guarantee will cover

all your claim or claims against the Vendor from time to time arising out of or in relation to the said contract and in respect of which your claim in writing is lodged on us before the date of expiry of this guarantee.

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

courier, telex, fax or registered post to our local address as aforesaid and if sent by post, it shall be deemed to have been given when the same has been posted.

10. This guarantee and the powers and provisions herein contained are in addition to

and not by way of limitation of or substitution for any other guarantee or guarantees here before given to you by us (whether jointly with others or alone) and now existing in force and that this guarantee is not intended to and shall not revoke or limit such guarantee or guarantees.

11. This guarantee shall not be affected by any change in the constitution of the Vendor

or us nor shall it be affected by any change in your constitution or by any


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amalgamation or absorption thereof or therewith but will ensure to the benefit of and be available to and enforceable by the absorbing or amalgamated company or concern.

12. 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 vendor 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 the Bank.

13. This guarantee is irrevocable during the period of its currency and shall not be

revoked without your previous consent in writing. 14. We further agree and undertake to pay you without demur the amount demanded by

you in writing notwithstanding any difference or dispute or controversy that may exist or arise between you and Vendor or any other person.

15. Notwithstanding anything contained herein before, our liability under this guarantee

is restricted to `……………. (Guarantee Amount) and this guarantee would be valid up

to ……………..(expiry date)(i.e. 42 months from date of installation and commissioning of machines plus six months grace period) and we shall be discharged from all liabilities hereunder this guarantee, unless a written claim for payment is lodged on us on or before …………… (Expiry date) irrespective of whether or not the original guarantee is returned to us..

16. We have power to issue this guarantee in your favour and the undersigned has full

power to execute this Guarantee under the Power of Attorney granted to him by the Bank.

SIGNED AND DELIVERED (For & on behalf of the above named Bank) For & on behalf of (Banker’s Name& Seal)

BRANCH MANAGER (Banker's Seal) Address


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64 Annexure XVII – Format of Annual Maintenance Contract This Annual Maintenance Contract is executed on …………….(date) between (Name and address of the vendor) a company registered under Companies Act, 1956/a firm, having its registered office at (hereinafter called ‘the Vendor’) represented by its (Managing Director/Authorised Signatory), Mr………………………………………….

And

Union Bank of India, a body corporate constituted and functioning under the Banking Companies (Acquisition and Transfer of Undertaking Act) 1970 (hereinafter called the Bank) having its Head Office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai 400021, represented by its duly constituted attorney Mr. ………………., General/Deputy/Asst. General Manager. The Bank has purchased ……..nos. Note sorting machines (8+1), ……..nos. Note sorting machines (3+1), ……..nos. Note sorting machines (2+1), ……..nos. Note sorting machines (1+1), (strike out /delete whichever is not applicable) from vendor as per Agreement dated …………….., for its use at its various Branches/Currency Chest. In the said agreement

the vendor has agreed for inbuilt onsite warranty for a period of three years from the date of satisfactory installation & Commissioning. The vendor has also agreed to sign an Annual Maintenance Contract (AMC) for a period of 5 years after the expiry of the onsite warranty period. Clause no. … of Terms and condition of the tender which is part of the agreement dated …………………may be referred to for complete details and may be treated as part of this agreement. Accordingly, the vendor agrees to undertake the said work of annual maintenance of the Note Sorting Machines for a period of 5 years after the expiry of the onsite warranty period of three years or date of execution of this agreement, whichever is later on the following terms and conditions: 1. Effective Date

1.1 The AMC period for the 8+1/3+1/2+1/1+1 shall be for 5 years as given in the

annexure attached.

2. Scope of Work

2.1 The vendor shall ensure that the machines are kept in efficient running/working

condition upto 97% uptime by arranging appropriate preventive maintenance of the machines at quarterly intervals and by monitoring the performance of the machine.

2.2 All repairs and maintenance service covering each and every part of the machine

including consumables shall be performed by qualified maintenance engineer who shall correct any faults and failures in the machine. The vendor shall repair and replace worn or defective parts, rectify/remove any defects in material component, workmanship and functioning that may occur under normal use and provide consumable (i.e. belts, Roller, Wheel etc. including spares) free of cost of the machine immediately. In cases where unserviceable part of the machine need replacement, he shall replace such parts with brand new parts or those


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equivalent to new parts in performance at no extra cost to the Bank, provided that consumables will incur an additional charge.

2.3 In case of any defect, malfunctioning, breakdown of the machine or shortfall in

its performance, the bank shall inform the vendor by phone/fax/letter/e-mail about the said complaint. The complaints in respect of machines located at each of the place may be preferred to the address given in the annexure against the respective installation.

2.4 Subject to Clause 10, if the machine cannot be made serviceable either by repair

or replacement and put back the machine into regular operation within 2 working days in metro, 3 working days in urban and 5 working days in semi-urban and rural branches/currency chest, from the date of reporting the problem, on account of any breakdown due to machine failure/repairs/settings, a similar stand by machine in good working condition shall be provided at the cost of the vendor failing which a penalty at the rate of ` 1000/- (` one thousand only) per day for the first 10 days and ` 5000/-(` five thousand only) per day beyond 10 days, from the date of reporting till the machine is put back to regular operations/provision of stand by machine, will be imposed and deducted from any payment due to the vendor or by revoking the Performance Guarantee.

2.5 For attending to the complaints or preventive maintenance, the qualified

maintenance engineers/technicians of vendor shall only be deputed and the vendor shall not engage services of any third party (including service provider’s subsidiaries, associates, sister concerns etc.).

2.6 The vendor shall upgrade the features and software of machine from time to

time during AMC period of 5 years at no extra cost, to facilitate proper sorting of currency notes and detection of forged/counterfeit notes including existing new currency notes of `2000, `500, `200, `50 and `10 as well as any new currency notes that may be issued or any new security features that may be introduced by the Reserve bank of India.

2.7 If the preventative maintenance is not attended, as stipulated under clause (2.1)

above, proportionate charges, based on the AMC amount finalized during the negotiation, will be deducted from any payment due to the vendor or by revoking the Performance Guarantee.

2.8 Any services or maintenance which might not have been specifically mentioned in

this agreement but are necessary for performance or completeness of the machines, shall be provided/ rendered as per the time schedule for efficient and smooth operation and maintenance of the machines under Indian conditions.

2.9 The vendor shall maintain a maintenance and repair log register at each of the

Bank’s branch/currency chest and record therein each incident of machine malfunction, date and time of commencement and successful completion of repair work and nature of repair work performed on the machine together with a description of work/repair/service carried out, which shall be countersigned by the head of concerned branch/currency chest having carried out servicing/repair work satisfactorily.

3. Terms of Payment


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3.1 The AMC charges shall be ` …………./- For each machine for each year excluding GST. GST on AMC is payable at actual prevailing at the time of invoicing. The AMC charges are inclusive of any other overheads, traveling expenses, boarding, lodging expenses etc. for engineer/workmen and not subject to any escalation whatsoever on any account. The AMC charges are payable by the Bank (branches/currency chests where Note Sorting machines are installed) on quarterly basis at the end of the period on satisfactory completion of the services, after deduction of tax at source (TDS) as per relevant provisions of Finance Act from time to time and subject to submission of required service reports etc.

3.2 The vendor shall bear the transportation and all other cost in this regard for

shifting, repairing and replacing the note sorting machine.

3.3 The vendor shall submit tax invoice showing GST (CGST/SGST/AGST) separately in

every invoice.

3.4 The bills and invoices for AMC charges shall be prepared by the vendor and

submitted to the respective branch/currency chest of the Bank where Note Sorting Machine is installed, duly certified for satisfactory working of the machine.

4. Security Deposit

4.1 The vendor shall furnish a Bank Guarantee equivalent to 20% of the total cost of

AMC valid for a period of 63 months (i.e. AMC period of 60 months+3 months grace period beyond the date of completion of all contractual obligations).

5. Termination and Suspension of the Annual Maintenance Contract

5.1 The Bank at its option without prejudice to its rights under the service level

agreement, is entitled to cancel the service level agreement at any time by giving 30 days written notice to the vendor in the following circumstances: -

5.1.1 In case the vendor does not materially comply with any of his obligations/

undertakings under this service level agreement to the satisfaction of the Bank and fails to rectify such non-compliance within (ten) 10 days from date of receipt of information thereof.

5.1.2 If the vendor refrains from implementing any of the reasonable instructions

received from the Bank within the stipulation of this agreement and,

5.1.3 In case of any breach of this agreement by the vendor and failure to cure such

breach within thirty (30) days from the date of receipt of notice.

5.2 If any payment by Bank to Vendor is overdue under the terms of this Agreement

or Bank is otherwise in breach of contract then Vendor may, without prejudice to any other rights it might have, suspend performance of Maintenance (but without affecting Bank’s obligation to pay the AMC Charges) until payment in full has been made or such breach has been cured.

6. Waiver


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6.1 Non-enforcement by either party of any of the provisions of this service level agreement shall not operate or constitute a waiver of the provision itself or of any subsequent breach thereof.

6.2 The validity of this Agreement shall not be affected, should one or more of its

stipulations be or become legally invalid and such stipulation is severable from and not fundamental to the obligations of either party to this agreement. In such a case, the parties shall negotiate in good faith to replace the invalid clause by an agreed stipulation which is in accordance with the applicable Indian Law and which shall be as close as possible to the party’s original intent

7. FORCE MAJEURE

7.1 Timely performance is essential for successful implementation and ongoing

operations of the AMC. However, neither party shall be liable for any loss or damage suffered by the other party, directly or indirectly as a result of the first party’s failure to perform or delay in performing any of its obligations contained in this agreement, where such failure or delay is caused by circumstances beyond the first party’s control or which make performance commercially impracticable, including but not limited to fire, flood, storms or other natural disaster, explosion, accident, war, riot, civil disorder, government regulations or restrictions of any kind or any acts of any government, judicial action, power failure, acts of gods or other natural circumstance. In any event, this section shall not apply to vendor’s efforts to obtain necessary permits, right of way or joint use agreements.

7.2 Force Majeure shall not excuse performance unless:

7.2.1 Within seven (7) calendar days of the occurrence of force majeure, the party

whose performance is delayed thereby shall provide the other party or parties with written intimation explaining the cause and extent thereof, as well as a request for time extension equal to the estimated duration of the force majeure situations.

7.2.2 Within fourteen (14) calendar days after the occasion of the force majeure event, the party whose performance was delayed shall provide the other part, written intimation of the time at which the force majeure ceased and complete explanation of all pertinent events pertaining to entire force majeure situation.

7.2.3 Under no circumstances, shall delay force majeure extends beyond sixty (60) days from the scheduled delivery or completion date of task, unless by written notice of permission of the other party prior to the sixty (60) days failure to secure this written prior permission, even in the case of force majeure, shall constitute default by the party failing to meet the requirement.

8 Security

8.1 The vendor agrees that it and its personnel will at all times comply with all

security regulations in effect from time to time at Bank’s premises and externally for the materials belonging to the Bank.

9 Confidentiality

9.1 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


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performance hereof, whether consisting of conditional and proprietary data or not, whose disclosure to or use by third parties may be damaging or cause loss to the Bank will at all times be held by it in strictest confidence and it shall not make use to thereof other than for the performance of this agreement and to realize it only to employees requiring such information and not to realize it only to employees requiring such information, and not to realize or disclose it to any other party. The vendor agrees to take appropriate action with respect to its employees to ensure that the obligation of non-use and non-disclosure of confidential information under this agreement can be fully satisfied.

10 Indemnity and Liability

10.1 The vendor assumes responsibility for and shall indemnify and save harmless the

Bank from all liabilities, claims, costs, expenses, taxes and assessments including penalties, punitive damages, attorney's fees and court costs which are or may be required to be paid by reasons of any breach of the vendor’s obligation under these general conditions or for which the vendor has assumed responsibilities under this agreement including those imposed under any contract, local or national law or laws, or in respect to all salaries, wages or other compensation to all persons employed by the vendor in connection with the performance of any machine covered by this agreement strictly as per the law of land. The vendor shall execute, deliver such other further instruments to comply with all the requirements of such laws and regulations as may be necessary there under to conform and effectuate this agreement and to protect the Bank during the tenure of this agreement. The vendor at the request of the Bank shall submit proof of remittance (original challans) of ESIC and EPF belonging to the employees engaged for carrying out the maintenance work of Note Sorting Machines.

10.2 Where any patent, trade mark, registered design, copy rights and / or intellectual

property rights vest in a third party, the vendor shall be liable for settling with such third party and paying any license fee, royalty and/ or compensation thereon.

10.3 In the event of any third party raising claim or bringing action against the Bank

including but not limited to action for injunction in connection with any rights affecting the machine covered under this agreement or the use thereof, the vendor agrees and undertakes:

10.3.1 To defend and / or to assist the Bank in defending at the vendor’s cost against

such third party's claim and / or actions and against any law suits of any kind initiated against the Bank.

10.3.2 To indemnify, keep indemnified and hold harmless the Bank against all actions,

claims, demands, costs, charges and expenses arising from or incurred by reason of any infringement of patent, trade mark, registered design, copy rights and/ or intellectual property right of any third party or parties in connection with use of the machine / spares supplied by the vendor.

10.4 Liability

10.4.1 Nothing in this Agreement shall exclude or limit the liability of either party for

personal injury including death to any person to the extent such damage or injury is caused by such party’s negligence and for fraud or for any statements made fraudulently by such party. In no circumstances whatsoever shall Vendor be liable


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for indirect, incidental, consequential, pecuniary losses or damages of any nature whatsoever, howsoever occurring.

10.4.2 Notwithstanding any term in this Agreement, Vendor’s maximum liability to Bank

for any cause whatsoever (whether the claim is in contract, tort, under warranty, due to intentional act, or otherwise) shall under no circumstances in the aggregate exceed the AMC Charges paid to Vendor in the Year in which the cause of action arose.

11 Negligence

11.1 The vendor hereby undertakes and indemnifies the Bank against all the claims /

losses that may arise due to negligence on its part in carrying out the servicing and maintenance of machine properly. If the vendor neglects to carry out proper servicing, maintenance of the machine with due diligence or failures to cure or remedy such negligence or shall refuse or neglect to comply with any reasonable order given to him / request made to him in writing/e-mail by the Bank in connection with the machine or shall contravene the provisions of Terms and Conditions, the Bank shall have the right to terminate the service level agreement holding the vendor liable for the damages that the Bank may sustain in this behalf. In the event of termination of the contract / agreement, the service provider shall not be entitled to any payment in respect of the machines for the remaining quarter(s) for which the contract / agreement has been terminated.

12 Arbitration

12.1 All disputes and differences of any kind whatsoever arising out of or in connection

with this agreement shall be referred to arbitration and shall be resolved in accordance with Arbitration and Conciliation Act 2016. The arbitrator may be appointed by both the parties or in case of disagreement such arbitrator shall be appointed in accordance with the Arbitration and Reconciliation Act, as amended, and the decision of the arbitrator shall be final. Such arbitration is to be governed by the provision of the Indian Arbitration Act. The venue of arbitration shall be Mumbai, India.

13 Assignment

13.1 The vendor shall not assign, in whole or in part, its rights and obligations to

perform under the terms of this service level agreement to any party / other person except with the Bank’s prior written consent.

14 Jurisdiction

14.1 The service level agreement shall be governed by the Laws & Regulations of the

Union of India for the time being in force and shall be subject to the exclusive jurisdiction of Courts at Mumbai, India.

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE EXECUTED ON THEABOVE MENTIONED DATE. Signed, Sealed and Delivered by For and on behalf of (Name of Vendor)

Signed, Sealed and Delivered by For and on behalf of Union bank of India


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Sd/- (Name) Managing Director/Managing partner In presence of________________________

Sd/- (Name) Authorised Signatory In presence of________________________


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65 Annexure XVIII – Format of Bank Guarantee (AMC)

(To be submitted on Non-judicial stamp paper of appropriate value purchased in the Name of the issuing bank)

The undersigned, ………………………..(Bank), having its registered office at …………………………………………………………..taking into consideration that M/s……………………… …………..having its registered office at ……………………. hereinafter called the vendor, have received from Union bank of India hereinafter called the Bank, an order for Comprehensive Annual Maintenance Services for its 131 Note Sorting Machines and have entered into a Comprehensive Annual Maintenance Agreement dated ………..for a period of five years. That the Bank require from the vendor a bank guarantee for a sum of ` ………………. (in words) as a security for the due fulfillment by the vendor for their contractual obligations under the said agreement. We, hereby do guarantee irrevocably and unconditionally up to a maximum amount of `…………………… (in words) the due fulfillment by the vendor of their obligations in this regard, and consequently undertakes to pay to the buyers on their first written demand and without reference to any dispute or cavil and without demur. We ………………………………. Bank further agree that the guarantee herein contained shall be irrevocable and shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of Union Bank of India under or by virtue of the said Agreement have been fully paid and its claims satisfied or Discharged or carried out by the said vendor and accordingly discharges this guarantee. We ………………………………….Bank, further agree that Union Bank of India shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder forbear or enforce any of the terms and condition relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said vendor or for any forbearance, act or commission or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision have effect of so relieving us. Notwithstanding anything contained therein,

I. Our liability under this guarantee shall not exceed ` …………………(`

……………………………….only) II. This Bank Guarantee shall be valid upto……….. III. We are liable to pay the guaranteed amount or part thereof under this Bank

Guarantee on service of written claim or demand by the beneficiary Bank on or before……………….

The confirmation of the guarantee may be obtained from our Controlling Office of the issuing bank at …………………………………………………………(address). Place : Date :


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66 Annexure XIX A - Unpriced Indicative Commercial Bid of 8+1 pocket NSM

Unit Rate for Supply, Installation, Training, Commissioning and Maintenance of Note Sorting Machine (8+1 Pocket) Type of Machine (Model / Brand name): ……………………………………………………….Model No. & Make (Brand Name)

Sr. No.

Item Description Price (`)

One Time Cost (A)

1

Basic Price of machine per unit including installation & commissioning, & training charges and all statutory levies / insurance for transit delivery upto location but excluding taxes i.e. GST (CGST/SGST/IGST), which shall be paid on actual basis.

xxx

Total One Time Cost (A) xxx Recurring Cost for AMC (B)

2 AMC for 5 years (Comprehensive charge for 5 year excluding taxes i.e. GST (CGST/SGST/IGST), which shall be paid on actual basis.

xxx

Total Recurring Cost (B) xxx 3 Buyback Cost (C) xxx

Total amount (TCO) in figures = (A + B - C) Xxx Total amount (TCO) in Words = (A + B - C) xxx


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67 Annexure XIX B - Unpriced Indicative Commercial Bid of 3+1 pocket NSM


Sr. No.


One Time Cost (A)

1


xxx



xxx




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68 Annexure XIX C - Unpriced Indicative Commercial Bid of 2+1 pocket NSM


Sr. No.


One Time Cost (A)

1


xxx



xxx




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69 Annexure XIX D - Unpriced Indicative Commercial Bid of 1+1 pocket NSM


Sr. No.


One Time Cost (A)

1


xxx



xxx




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70 Annexure XX A - Indicative Commercial Bid of 8+1 pocket NSM


Sr. No.


One Time Cost (A)

1


Total One Time Cost (A) Recurring Cost for AMC (B)


Total Recurring Cost (B) 3 Buyback Cost (C)

Total amount (TCO) in figures = (A + B - C) Total amount (TCO) in Words = (A + B - C)


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71 Annexure XX B - Indicative Commercial Bid of 3+1 pocket NSM


Sr. No.


One Time Cost (A)

1







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72 Annexure XX C - Indicative Commercial Bid of 2+1 pocket NSM


Sr. No.


One Time Cost (A)

1







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73 Annexure XX D - Indicative Commercial Bid of 1+1 pocket NSM


Sr. No.


One Time Cost (A)

1







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74 Annexure XXI – Undertaking for Know your Employee (KYE)

Bidder has submit the Undertaking on company letter head as per format given below

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.

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.

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). ”

Yours faithfully,



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75 Annexure XXII – Format for Clarification

Bidder need to submit clarifications/queries on RFP on or before the last date mentioned in this document in below format:

Sr. no.

RFP clause no.

Sub-clause no.

Page no.

Clause as per RFP document

Proposed Revised clause

Reason for modification

1 2 3 4 5 6 7 8 9 10 Yours faithfully,


D:\Sharad\Note Sorting Machine\RFP_05102017\RFP for procurement of Notes Sorting Machines_Dec 2017_Ver III.docx