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Request for Proposal (RFP)

For
Implementation of Bharat Bill Payment System
(BBPS) Solution under Outsourced Model

REF: - BBPS: AUGUST-2016

RFP for Implementation of Bharat Bill Payment System (BBPS) Solution


Under Outsourced Model

Tender Notice
Union Bank of India invites sealed offers from established vendors for Implementation
of Bharat Bill Payment System (BBPS) solution under outsourced model. Please visit the
banks
website
www.unionbankofindia.co.in
or
the
Government
portal
www.tenders.gov.in for details. RFP forms can be downloaded from the website.

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RFP for Implementation of Bharat Bill Payment System (BBPS) Solution


Under Outsourced Model

INTRODUCTION....................................................................................................................................................5
1.

OBJECTIVE ..................................................................................................................................................5

2.

BID SCHEDULE ............................................................................................................................................5

IMPORTANT DATES AND OTHER DETAILS: .......................................................................................................6


DISCLAIMER ..........................................................................................................................................................8
3.

INSTRUCTIONS FOR BIDDERS ....................................................................................................................9


3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
3.10.
3.11.
3.12.
3.13.
3.14.
3.15.
3.16.
3.17.
3.18.
3.19.
3.20.
3.21.
3.22.
3.23.
3.24.
3.25.
3.26.
3.27.
3.28.
3.29.
3.30.
3.31.
3.32.
3.33.
3.34.
3.35.
3.36.
3.37.
3.38.
3.39.
3.40.
3.41.
3.42.
3.43.
3.44.
3.45.
3.46.
3.47.
3.48.
3.49.

INTRODUCTION ............................................................................................................................................. 9
SCOPE OF WORK ........................................................................................................................................... 9
ELIGIBILITY CRITERIA FOR BIDDERS: ............................................................................................................. 11
RFP OWNERSHIP ....................................................................................................................................... 12
PROPOSAL OWNERSHIP ............................................................................................................................... 12
COST OF BIDDING ...................................................................................................................................... 12
CONTENT OF BIDDING DOCUMENTS ............................................................................................................ 13
CLARIFICATION ON BIDDING DOCUMENTS .................................................................................................... 13
AMENDMENT OF BIDDING DOCUMENTS ........................................................................................................ 13
LANGUAGE OF BID ..................................................................................................................................... 13
PROPOSED COSTS ...................................................................................................................................... 13
BID PRICES ................................................................................................................................................ 14
BID CURRENCIES ........................................................................................................................................ 14
DOCUMENTS ESTABLISHING BIDDERS ELIGIBILITY AND QUALIFICATIONS...................................................... 14
DOCUMENTS ESTABLISHING ELIGIBILITY OF SERVICES .................................................................................. 14
BID SECURITY ............................................................................................................................................ 14
PERIOD OF VALIDITY OF BIDS........................................................................................................................... 15
FORMAT FOR SIGNING THE BID ........................................................................................................................ 16
DEADLINE FOR SUBMISSION OF BIDS................................................................................................................. 16
LATE BIDS ................................................................................................................................................... 16
MODIFICATION AND WITHDRAWAL OF BIDS....................................................................................................... 16
TERMS AND CONDITIONS................................................................................................................................ 17
EVALUATION OF BIDS .................................................................................................................................... 18
NO PRICE VARIATION .................................................................................................................................... 19
CONTACTING THE BANK ................................................................................................................................. 19
BANKS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS ...................................................................... 19
CONTRACT PERIOD........................................................................................................................................ 19
SCHEDULE OF IMPLEMENTATION ...................................................................................................................... 20
NOTIFICATION OF AWARD .............................................................................................................................. 20
SIGNING OF CONTRACT .................................................................................................................................. 20
SERVICE LEVEL AGREEMENT ............................................................................................................................ 20
PERFORMANCE SECURITY ............................................................................................................................... 21
DELAYS IN THE BIDDERS PERFORMANCE ........................................................................................................... 21
LIQUIDATED DAMAGES ................................................................................................................................... 21
ARBITRATION / RESOLUTION OF DISPUTES ......................................................................................................... 22
JURISDICTION ............................................................................................................................................... 22
ACCEPTANCE TESTS ....................................................................................................................................... 22
AUDIT......................................................................................................................................................... 22
HELP DESK .................................................................................................................................................. 22
PRESENTATION AND DEMO (POC) ................................................................................................................... 23
PAYMENT TERMS .......................................................................................................................................... 23
DESIGNING AND IMPLEMENTATION PLAN .......................................................................................................... 23
START OF SERVICES ....................................................................................................................................... 24
BUSINESS CONTINUITY PLAN / DR SITE ............................................................................................................. 24
ON-SITE VISIT / REFERENCE SITE VISIT............................................................................................................... 24
RIGHT OF REJECTION ..................................................................................................................................... 24
PENALTY FOR NON-PERFORMANCE DURING PRODUCTION AND OPERATION ............................................................. 24
TERMINATION FOR DEFAULT / ORDER CANCELLATION / EXIT CLAUSE...................................................................... 25
DISPUTE RESOLUTION MECHANISM.................................................................................................................. 26
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Under Outsourced Model

3.50.
3.51.
3.52.
3.53.
3.54.
3.55.
3.56.
3.57.
3.58.
3.59.

LIABILITY ON ACCOUNT OF ANY SYSTEM COMPROMISE ......................................................................................... 27


FORCE MAJEURE .......................................................................................................................................... 27
BIDDER UTILISATION OF KNOW- HOW AND PERSONNEL FOR COMPETITORS ............................................................. 28
LIMITATION ON PROMOTION .......................................................................................................................... 28
INDEMNITY .................................................................................................................................................. 28
PATENT RIGHTS ............................................................................................................................................ 28
CONFIDENTIALITY .......................................................................................................................................... 29
LIMITATION OF LIABILITY ................................................................................................................................ 29
OTHER GENERAL CONDITIONS ......................................................................................................................... 30
SUBMISSION OF BIDS ..................................................................................................................................... 31

ANNEXURE 1: STANDARD TERMS AND CONDITIONS ..................................................................................... 32


ANNEXURE 2: UPDATED BBPS TECHNICAL SPECIFICATION CAN BE DOWNLOADED FROM
HTTP://WWW.NPCI.ORG.IN/DOCUMENTS/BBPS_TECHNICAL_SPECIFICATIONS.PDF ............................... 47
ANNEXURE 3: UPDATED BBPS PROCEDURAL GUIDELINES CAN BE DOWNLOADED FROM
HTTP://WWW.NPCI.ORG.IN/DOCUMENTS/BBPS-PROCEDURAL-GUIDELINES.PDF ..................................... 47
ANNEXURE 4 - BIDDERS ORGANISATION PROFILE ....................................................................................... 48
ANNEXURE 5- UNDERTAKING BY THE BIDDER ............................................................................................... 49
ANNEXURE 6 - BID FORM ................................................................................................................................. 50
ANNEXURE 7 - LETTER OF AUTHORISATION TO SUBMIT THE BID .............................................................. 52
ANNEXURE 8 - BID SECURITY........................................................................................................................... 53
ANNEXURE 9 - PERFORMANCE BANK GUARANTEE ....................................................................................... 55
ANNEXURE 10 - NON DISCLOSURE AGREEMENT ........................................................................................... 58
ANNEXURE 11: INDICATIVE COMMERCIAL BID: TOTAL COST OF OWNERSHIP CALCULATION UNDER
OUTSOURCED MODEL ....................................................................................................................................... 60
ANNEXURE 12: MANUFACTURERS AUTHORIZATION FORM (MAF) ............................................................ 61
ANNEXURE 13: TECHNICAL SCOPE & EVALUATION ...................................................................................... 62
ANNEXURE 14 COVERING LETTER ................................................................................................................ 66
ANNEXURE 15 - BUSINESS RULES FOR REVERSE AUCTION .......................................................................... 67
ANNEXURE 16 (A) - COMPLIANCE STATEMENT REVERSE AUCTION ......................................................... 74
ANNEXURE 16 (B) - LETTER OF AUTHORITY FOR PARTICIPATION IN REVERSE AUCTION ...................... 75
ANNEXURE 17 - FORMAT OF INTEGRITY PACT ............................................................................................. 76
ANNEXURE 18 - LETTER FOR REFUND OF EMD............................................................................................. 83
ANNEXURE 19 - CONFIRMATION TO RFP TERMS AND CONDITIONS ........................................................... 84

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RFP for Implementation of Bharat Bill Payment System (BBPS) Solution


Under Outsourced Model

INTRODUCTION
Union Bank of India, headquartered at Union Bank Bhavan, 239, Vidhan Bhavan Marg,
Nariman Point, Mumbai 400020, having its Technology Centre at 1/1A, Adi
Sankaracharya Marg, Opposite Powai Lake, Andheri East, Mumbai 400072, is one of
the leading public sector banks in India. Bank has over 4203+ CBS branches and 6893+
ATMs installed across the country.
1. Objective
Union Bank of India (hereinafter called as Bank or the Bank) has decided to
outsource implementation of Bharat Bill Payment System (BBPS) solution under
outsourced model. BBPS will be connecting banks and non-banks in bills aggregation
business, Billers, payment service providers and retail bill outlets. It will also facilitate
seamless payment of bills through any channel including Agent-Assisted Model at any
Agent/BC outlet/bank branch/ online channels.

2. Bid Schedule
2.1. Union Bank of India intends to issue this Bid document, hereinafter called RFP or
Bid, to eligible Service Provider in India, hereinafter called as Bidders or
Vendors or Service Providers, to participate in the competitive bidding for
implementation of Bharat Bill Payment System (BBPS) solution under outsourced
model. The Bank, for this purpose, invites proposal from Bidders. The Request for
Proposal (RFP) document is now being issued to enable Bidders to submit their
responses to the Bank.
2.2. Bidder who is interested in participating in this RFP must fulfil the eligibility criteria
mentioned in the document and should also be in a position to provide a
comprehensive solution which complies with technical and functional specifications
sought by the Bank.
2.3. The Bidder must also agree to all our terms and conditions mentioned under this RFP.
2.4. The Bidding Document may be obtained from the Bank as under or downloaded from
Banks website www.unionbankofindia.co.in or the Government portal
www.tenders.gov.in and the Bid should be submitted to the office of Union Bank of
India as under.
2.5. Incorrect or incomplete information in the Bid may lead to non-selection /
disqualification.

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Under Outsourced Model

Important dates and other details:


Fees for RFP Document (Nonrefundable)

Rs.5,000/Rupees Five Thousand Only

Earnest Money Deposit (Bid


Security)

Rs.1,00,000/- only
Rupees One Lac Only

RFP (Bid) Validity

180 days from the last date stipulated for the


receipt of RFP (Bid) responses

Start date and time

22-08-2016 at 1200 hrs

Last date and time for Receipt Of


Bidding Document
Date and Time of Technical Bid
Opening
Pre-Bid Queries submission Date

14-09-2016 at 1600 hrs

Pre-bid meeting

30-08-2016 at 1100 hrs

Place of opening of Bids

Union Bank of India, Department of Information


Technology, Second Floor, Technology Centre,
Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Mumbai.
Tel:(022) 25710 503/25710222/25710212

Address for communication

As above

RFP cost

Rs.5, 000/- in the form of Demand Draft in


favour of Union Bank of India payable at
Mumbai. Same should be submitted at the time
of bid submission.

EMD

Rs. 1,00,000/- in the form of Demand Draft in


favour of Union Bank of India payable at
Mumbai or BG for equivalent amount valid for
180 days inclusive of action period. Same
should be submitted at the time of bid
submission.
Bidders are requested to send their queries
through email to,
marputharaj@unionbankofindia.com
chetan.sehrawat@unionbankofindia.com
kiran.kumari@unionbankofindia.com

Contact to Bidders

14-09-2016 at 1615 hrs


28-08-2016 at 1500 hrs

Containing following information, so that in


case of any clarification same may be issued to
them:

Bid Type

Name of company, contact person, Mailing


address with Pin Code, Telephone No., Fax No.,
email address, Mobile No. etc.
Two Bid Process with Reverse Auction

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Under Outsourced Model

It is essential that all clarifications / queries / suggestions be submitted to Union Bank of


India at the above address at least two working days before the date of the Pre-bid
meeting. Vendors, who furnish the Tender Fees of RFP Document before pre-bid
meeting, will be eligible to participate in the pre-bid meeting.
Fees for RFP document Rs. 5,000/- to be paid in the form of Demand Draft issued
by a Scheduled Commercial Bank in favor of Union Bank of India payable at
Mumbai and the DD should be submitted prior to the pre bid meeting.
If any vendor chooses not to attend the pre-bid meeting, their queries if any may not be
entertained by the Bank. However, they will be allowed to participate in the RFP
process and the said fee for RFP document can be submitted along with the Technical
Offer on or before the prescribed last date of submission of the tender offers.
Earnest Money Deposit of Rs.1,00,000/- (Rs. One Lac only) must accompany all tender
offers (as specified in this tender document). EMD should be submitted along with the
Technical Offer.
Tender offers (Technical) will be opened, in the presence of the bidders representatives
who choose to attend the opening of tender. No separate communication will be sent in
this regard.

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Under Outsourced Model

DISCLAIMER
a) The information contained in this Request for Proposal (RFP) document or information
provided subsequently to Bidder(s) or applicant(s) whether verbally or in documentary
form by or on behalf of Union Bank of India (Bank), is provided to the Bidder(s) on the
terms and conditions set out in this RFP document and all other terms and conditions
subject to which such information is provided.
b) This RFP is neither an agreement nor an offer and is only an invitation by Bank to the
interested parties for submission of Bids. The purpose of this RFP is to provide the
Bidder(s) with information to assist the formulation of their proposals. This RFP does
not claim to contain all the information each Bidder may require. Each Bidder should
conduct its own investigations and analysis and should check the accuracy, reliability
and completeness of the information in this RFP and where necessary obtain
independent advice. Bank makes no representation or warranty and shall incur no
liability under any law, statute, rules or regulations as to the accuracy, reliability or
completeness of this RFP. Bank may in its absolute discretion, but without being under
any obligation to do so, update, amend or supplement the information in this RFP.
c) This is not an offer by the Bank but only an invitation to Bid in the selection process
initiated by the Bank. No contractual obligation whatsoever shall arise from the RFP
process until a formal contract is executed by the duly authorized signatory of the
Bank and the Bidder.
d) Bank reserves the right to change the dates, timings mentioned above or elsewhere
mentioned in the RFP, which will be communicated by placing the same as
corrigendum under Tender section on Banks web-site.
e) The Bank reserves the right to reject this invitation to offer in part or full, or cancel
the entire process at any stage without assigning any reason.
f) Subject to any law to the contrary, and to the maximum extent permitted by law,
Bank and its officers, employees, contractors, agents, and advisers disclaim all
liability from any loss or damage (whether foreseeable or not) suffered by any person
acting on or refraining from acting because of any information, including forecasts,
statements, estimates, or projections contained in this RFP document or conduct
ancillary to it whether or not the loss or damage arises in connection with any
negligence, omission, default, lack of care or misrepresentation on the part of Bank or
any of its officers, employees, contractors, agents, or advisers.

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Under Outsourced Model

3. Instructions for Bidders


3.1. Introduction
3.1.1. The Bharat Bill Payment Solution (BBPS) offers integrated interoperable bill
payment services to customers and will be connecting Banks and non-banks in bills
aggregation business, billers, payment service providers and retail bill outlets etc.
It will also facilitate seamless payment of bills through any channel including Agent
Assisted Model at any Agent/Business Correspondent (BC) / Bank Mitras (BM)
outlet/bank branch/online channels.
3.1.2. BBPS consist of two units viz. i) Bharat Bill Payment Operating Unit (BBPOU) and ii)
Bharat Bill Payment Central Unit (BBPCU). Here NPCI will acts as BBPCU to enable
interoperability and will be the single authorized entity for operating BBPS.
3.1.3. Bank acts as Bharat Bill Payment Operating Unit (BBPOU)
3.1.4. Bank invites offers from prospective Bidders for implementation of Bharat Bill
Payment System (BBPS) solution for Bank on Opex Model based on the
requirements received from BBPCU, i.e. NPCI at present.
3.1.5. The selected Bidder would be responsible for the solution in the entirety and
would also have to support the requisite certifications etc.
3.1.6. The selected Bidder will also have to manage the day-to-day operations including,
reconciliations.
3.1.7. The proposed BBPS solution in the Bid should cover all theses functionalities. Bids
in which the proposed solution does not cover any or all of these functionalities
are liable to be rejected Scope of Work.
3.2. Scope of Work
This invitation of bid is open to all bidders, who are in the business of providing IT
solution in India, provided they fulfill the minimum qualification criteria as
mentioned in eligibility criteria.
Only those Bidders who fulfill the above criteria are eligible to respond to the RFP.
Non-compliance of any of the criteria will entail to rejection of the offer
summarily. Photocopies of relevant documents/certificates should be submitted as
proof in support of the claims made. Union bank reserves the right to
verify/evaluate the claims made by the bidder independently. Any decision of Bank
in this regard shall be final, conclusive and binding upon the bidder. Bidder should
provide following details in BBPS solution as per NPCI specification and RBI
guidelines as and when released. Any product specific changes which are mandatory
by RBI/ NPCI comes under the scope.
BBPOU INTERFACING:

BBPCU (NPCI)
Biller/Sub-Billers
Customers (personal/corporate) for registration
Business correspondents ( multiple)/Agent Institution
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TRANSACTION TYPE:
ON-US
OFF-US
TYPE OF BILLER:
Online Biller
Offline Billers
MODE OF PAYMENTS SUPPORTED:

Cash
Debit cards / Credit cards
Online / Net-banking
IMPS / Mobile Banking
Prepaid Instruments (Wallets and prepaid/virtual Cards)
UPI (Unified Payments Interface)
CBS Interface for Cash / Transfer

PAYMENT OPTIONS:
Full/Minimum/Excess/Part/penalty/multiple
STANDARD APIS FOR INTERFACE WITH ALTERNATE DELIVERY CHANNELS:

Bank Web Portal


Base24 ATM switch
Internet Banking
Mobile Banking
Financial Inclusion gateway
Kiosks
Remittance agencies
POS / MPOS
Micro ATM
Bank Branch
NUUP/USSD (*99#)

CLEARING & SETTELEMENT:


Reconciliations & Settlement
Refund and Reversal
MIS/REPORTING SYSTEM:
Customized Reports
DISPUTE MANAGEMENT SYSTEM:
Software solution and related MIS reports

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Under Outsourced Model

HELP-DESK
During Banks working days & working hours.
FRAUD RISK MANAGEMENT SOLUTION

Integrated FRM solution


The Bank intends to select a bidder to implement Bharat Bill Payment System (BBPS)
solution at bidders Data Centre & Disaster Recovery Centre in India on outsourced
model for routing the transactions to and from NPCI, originated from the Banks and
other Banks various alternative channels, which are used by its customers. The
offered solution should be integrated seamlessly with the existing alternative
channels along with NPCIs setup. The complete scope shall be as defined by NPCI
under the following documents related to the working of BBPOU and refer website of
NPCI for updated documents www.npci.org.in
i)
ii)

Annexure-2: BBPS_Technical_Specifications.pdf
Annexure-3: BBPS-Procedural-Guidelines.pdf

Complete Software solution, Hardware, Licenses and Network required should be


procured, deployed and maintained by the successful Bidder on an outsourced model
at their Data center (DC) and Disaster Recovery Center (DRC).
The highlights have been mentioned in the Annexure-13 which shall be used
for the purpose of evaluation. However the complete scope of work in BBPS is being
defined by BBPCU (NPCI at present) time to time.

3.3. Eligibility Criteria for Bidders:


3.3.1. The bidder or the parent company should be a registered company/firm in India
under company Act 1956 and should have been in the business of providing
Payment System Services / solutions in India for a period of at least 5 years as on
date of RFP.
3.3.2. The bidder submitting the offer should have a turnover of minimum Rupees 10
Crore during last 3 financial years 2013-14, 2014-15, 2015 -2016. Bidder should
submit copies of the last three financial years audited balance sheet along with
the offer (Not inclusive of the turnover of associate companies).
3.3.3. Bidder should have reported operating profit in last 3 financial years (2013-14,
2014-15 and 2015-2016).
3.3.4. Bidder should have implemented payment solution for any Banks in India with
interfaced to any two of the payment system (IMPS, UPI, NFS, AEPS, NACH) of
NPCI.
3.3.5. The Bidder should have branch/ service centres at any one centre in India and
list of branch / service centre / franchises with full details of Name, Address /
Telephone Number should be attached.

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3.3.6. The bidder should be the OEM of the solution being offered. An undertaking to
this effect must be submitted on their letterhead.
3.3.7. Bidder should have dedicated staff of at least 20 people for the offered solution
in their hosted environment. The strength of dedicated staff of 20 people is
applicable both for bidders data center and disaster recovery center. An
undertaking to this effect must be submitted on their letterhead.
3.3.8. Authorized BBPOU is not allowed to participate in the RFP.
3.3.9. The Bidder should not have been blacklisted by any of the
Government/Regulatory Authorities or Public Sector Undertakings (PSUs). The
Bidder shall give an undertaking on their letter head stating that the Bidder has
not been black listed by any of the Government Authority or PSU. In case, in the
past, the Bidders company / firm was blacklisted by any Govt. Authority or PSU,
the name of such company / firm should have been removed from the black list
as on date of submission of the tender, failing which the Bid shall be rejected. A
declaration is to be provided to that effect as prescribed in Annexure 5.

Note: Bidder must comply with all the above mentioned criteria. Non-compliance
of any of the criteria will entail rejection of the offer summarily. Photocopies of
relevant documents / certificates should be submitted as proof in support of the
claims made. The Bank reserves the right to verify / evaluate the claims made by
the Bidder. The Bank also reserves the right to inspect such installation/s while
evaluating the Bid.
3.4. RFP Ownership
3.4.1. The RFP and all supporting documentation are the sole property of Union Bank of
India and should NOT be redistributed without the prior consent of Union Bank of
India. Violation of this would be a breach of trust and shall, inter-alia, cause the
Bidder to be irrevocably disqualified.

3.5. Proposal ownership


3.5.1. The proposal and all supporting documentation submitted by the Bidder shall
become the property of Union Bank of India unless the Bidder specifically
requests, in writing, that the proposal or the document be returned or destroyed.

3.6. Cost of Bidding


3.6.1. The Bidder should pay the Bid fees as prescribed in the Bid Schedule towards cost
of RFP document. The cost of RFP fees shall be paid by a Bankers Cheque /
Demand Draft, issued by a nationalized / private / foreign bank in India, drawn in
favour of Union Bank of India payable at Mumbai.
3.6.2. The Bidder shall bear all costs associated with the preparation and submission of
its Bid, and the Bank will in no case be responsible or liable for these costs,
regardless of the conduct or outcome of the Bidding process.

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3.7. Content of Bidding Documents


3.7.1. The Bidder is expected to examine all instructions, forms, terms and
specifications in the Bidding document. Failure to furnish all information required
by the Bidding document or to submit a Bid not substantially responsive to the
Bidding document in every respect will be at the Bidders risk and may result in
the rejection of the Bid.

3.8. Clarification on Bidding Documents


3.8.1. Bidder requiring any clarification of the Bidding document may notify the Bank in
writing an e-mail. The e-mail ids for seeking clarifications and the date and time
up to which clarifications / queries can be sought are indicated in the Bid
Schedule.
3.8.2. Relaxation in any of the terms contained in the Bid, in general, will not be
permitted, but if granted, the same will be put up on Banks website.

3.8.3. The document fees shall not be refunded in case the Bidder fails to submit the

bids or submits a Bid which is not substantially responsive to the Bidding


document in every respect.

3.9. Amendment of Bidding Documents


3.9.1. At any time prior to the deadline for submission of Bids, the Bank, for any
reason, whether at its own initiative, or in response to a clarification requested
by a prospective Bidder, may modify the Bidding Document, by amendment.
3.9.2. Notification of amendments will be put up on the Banks Website and will be
binding on all Bidders.
3.9.3. In order to allow prospective Bidders reasonable time, in which to take the
amendment into account in preparing their Bids, the Bank, at its discretion, may
extend the deadline for the submission of Bids for a reasonable period as decided
by the Bank.

3.10.

Language of Bid

3.10.1. The Bid prepared by the Bidder, as well as all correspondence and documents
relating to the Bid exchanged by the Bidder and the Bank, and supporting
documents and printed literature shall be written in English.

3.11. Proposed Costs


3.11.1. The costs proposed for the proposed solution under outsourced model should be
given for a contract period of 5 (five) years. Costs should be quoted in the
manner as prescribed in Annexure 11.
3.11.2. The Bank reserves the right to extend the contract period for a period of two
years at the same terms and conditions.

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Under Outsourced Model

3.12. Bid Prices


3.12.1. Prices quoted as above shall be valid for a minimum period of 180 days from last
date for submission of the tender.

3.12.2. The Bidder cannot quote for the project in part.


3.12.3. Prices quoted by the Bidder shall be fixed during the Bidders performance of the

Contract and shall not be subject to variation on any account, including exchange
rate fluctuations, changes in taxes, duties, levies, charges etc. A Bid submitted
with an adjustable price quotation will be treated as non-responsive and will be
rejected.

3.13. Bid Currencies


3.13.1. Bids should be quoted in Indian Rupees only.

3.14. Documents Establishing Bidders Eligibility and Qualifications


3.14.1. The Bidder shall furnish, as part of its Bid, documents establishing the Bidders
eligibility to Bid and its qualifications to perform the Contract, if its Bid is
accepted.
3.14.2. The documentary evidence of the Bidders qualifications to perform the
Contract, if its Bid is accepted, shall establish to the Banks satisfaction that
adequate, specialized hardware and related software expertise are already
available, to ensure that the support services are responsive and the Bidder will
assume total responsibility for the fault-free operation of the solution proposed
and maintenance of the same.

3.15. Documents Establishing Eligibility of Services


3.15.1. The documentary evidence of conformity of the services to the Bidding
Documents may be in the form of literature, drawings, and data, and shall consist
of:
a. A detailed description of the solution as mentioned in Technical and
Functional requirements section.
b. A confirmation that, if the Bidder offers services through its partners, such
services operates efficiently and the Bidder is willing to accept responsibility
for its successful operation.

3.16. Bid Security


3.16.1. The Bidder shall furnish, as part of its Bid, a Bid security as mentioned in the Bid
Schedule.
3.16.2. The Bid security is required to protect the Bank against the risk of Bidders
conduct, which would warrant the securitys forfeiture.
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Under Outsourced Model

3.16.3. The Bid security shall be denominated in Indian Rupees and shall be in one of the
following forms:
a. a bank guarantee issued by a nationalised / private / foreign bank in India
(other than Union Bank of India), acceptable to the Bank, in the form as per
format prescribed in Annexure 8 provided in the Bid document and valid for
forty-five (45) days beyond the validity of the Bid,
OR
b. a bankers Cheque / Demand Draft, issued by a nationalized / private /
foreign bank in India (other than Union Bank of India), drawn in favour of
Union Bank of India and valid for three months.
3.16.4. Any Bid, not secured as above, will be rejected by the Bank, as non - responsive.
3.16.5. Unsuccessful Bidders Bid security will be discharged or returned as promptly as
possible but not later than sixty (60) days after the expiration of the period of
Bid validity prescribed by the Bank.
3.16.6. The successful Bidders Bid security will be discharged upon the Bidder signing
the Contract and furnishing the performance security as prescribed in Annexure
9.
3.16.7. The Bid security may be forfeited:
a. if a Bidder withdraws its Bid during the period of Bid validity specified by the
Bidder on the Bid Form; or
b. if a Bidder makes any statement or encloses any form which turns out to be
false/incorrect at any time prior to signing of Contract; or
c. in the case of a successful Bidder, if the Bidder fails;
i. to sign the contract; or
ii. to furnish Performance Security, as prescribed in Annexure 9.

3.17. Period of Validity of Bids


3.17.1. Bid shall remain valid for a period of 180 days from the last date of the
submission of the Bid. A Bid valid for a shorter period shall be rejected by the
Bank as non-responsive.
3.17.2. In exceptional circumstances, the Bank may solicit the Bidders consent for an
extension of the period of validity. The request and the responses thereto shall
be made in writing. The Bid security provided shall also be suitably extended. A
Bidder may refuse the request without forfeiting its Bid security.

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3.18. Format for Signing the Bid


3.18.1. The Bid shall be typed or written in indelible ink and shall be signed by the
Bidder or a person or persons duly authorized to bind the Bidder to the contract.
The person or persons signing the Bids shall initial all pages of the Bid, except for
un-amended printed literature.
3.18.2. In case the Bidder authorizes its agent, business partner or authorized distributor
to submit the proposal on its behalf, a separate Authorization Letter as per
format in Annexure 7, with a commitment to fulfil the terms of the RFP should be
submitted.

3.18.3. Any inter-lineation, erasures or overwriting shall be valid only if they are

initialled by the person signing the Bids. The Bank reserves the right to reject
Bids not confirming to above.

3.19. Deadline for Submission of Bids


3.19.1. Bids must be received by the Bank at the address specified, no later than the
date & time specified in the Bid Schedule.
3.19.2. The Bank may, at its discretion, extend this deadline for the submission of Bids
by amending the Bid Documents, in which case, all rights and obligations of the
Bank and Bidders previously subject to the deadline will thereafter be subject to
the deadline as extended.

3.20. Late Bids


3.20.1. Any Bid received by the Bank after the deadline for submission of Bids
prescribed, will be rejected.

3.21. Modification and Withdrawal of Bids


3.21.1. The Bidder may modify or withdraw its Bid after the Bids submission, provided
that written notice of the modification, including substitution or withdrawal of
the Bids, is received by the Bank, prior to the deadline prescribed for submission
of Bids.
3.21.2. The Bidders modification or withdrawal notice shall be prepared, sealed,
marked and dispatched. A withdrawal notice may also be sent by fax, but
followed by a signed confirmation copy, postmarked no later than the deadline
for submission of Bids.
3.21.3. No Bid may be modified after the deadline for submission of Bids.
3.21.4. No Bid may be withdrawn in the interval between the deadline for submission of
Bids and the expiration of the period of Bid validity specified by the Bidder on
the Bid Form. Withdrawal of a Bid during this interval may result in the Bidders
forfeiture of its Bid Security.

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3.22. Terms and Conditions


Union Bank of India invites the Vendors attention to the following terms and
conditions which underline this RFP and which provide a statement of understanding
between the interested parties.

3.22.1. Submission of Offer Two Bid System


a. The offer will be in two parts Technical & Commercial. Both the parts must be
submitted at the same time but in separate sealed covers, giving full particulars,
addressed to the Dy. General Manager, Union Bank of India, 5th Floor, 1/1A Adi
Sankaracharya Marg, Powai, Mumbai 400072 and duly super-scribed "Technical
Offer for Implementation of Bharat Bill payment System solution under outsourced
model. These covers should also indicate name, address and contacts of the
bidder submitting the offers.
b. The offers should either be hand delivered or dropped in the Tender box at the
given address before the stipulated date and time. In case designated date of bid
submission is declared to be public holiday, the same may be extended to next
working day.

3.22.2. Technical Offer


The Technical Offer should be completed in all respects and contain all
information asked for in the exact format of technical specifications given in the
RFP, except prices. The Technical Offer must not contain any price information.
BANK, at its sole discretion, may not evaluate a Technical Offer in case of nonsubmission or partial submission of technical details. Any decision of BANK in this
regard shall be final, conclusive and binding upon the bidder.

3.22.3. Commercial Offer


The Commercial Offer should contain all relevant price information and
should not contradict the Technical Offer in any manner.

Note:
i.

If the outer cover/envelop is not sealed & super scribed as required, the Bank will
assume no responsibility for bids misplacement or premature opening.

ii.

If any inner cover/envelop of a bid is found to contain both technical &


commercial bids then that bid will be rejected summarily.

iii.

If any outer envelope is found to contain only the technical bid or commercial
bid, it will be treated as incomplete and that bid will be liable for rejection.

3.22.4. Format for Technical Offer/Technical Bid


The Technical offer/Technical bid must be made in an organized and structured
manner in the following form:
a.

Index

b.

Covering letter ( Annexure 14)

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c.
d.

Technical Offer/Technical bid with Specifications (Annexure 13)


MAF or letter from OEM. (Annexure 12)

e.

General Details of the bidder (Annexure 4)

f.

Commercial Bid (Annexure 11) (without price related figures)

g.

Performance Bank Guarantee (Annexure 9)

h.

Letter for Authorized representative

i.

Letter for acceptance and compliance of all the Terms and Conditions of RFP.

j.

Valid Demand Draft / Bank Guarantee (Annexure 8) as EMD.

k.

Valid Demand Draft as Bid price, if tender document is downloaded from Banks
website.

l.

Bidders Financial Details (audited balance sheets etc.) and other supporting
documents, as asked in the RFP.

m. All Claims made by the bidder will have to be backed by documentary evidence.

3.22.5. Format for Commercial Offer


The commercial offer should be quoted in Indian Rupees as per the format given in
Annexure 11 (with price related figures).
Note: The vendors are requested to quote the cost exclusive of Taxes. Sales tax/VAT,
service tax etc, if applicable, will be paid additionally on actual.

3.22.6. Reverse Auction


On completion of evaluation of commercial bids, Bank will determine the L1
bidder and contract will be awarded to lowest bidder after reverse auction
process as per Annexure S.
3.23. Evaluation of Bids
3.23.1.The objective of evolving this evaluation methodology is to facilitate the
selection of the most cost effective solution that appropriately meets the
business requirements of the bank. The bid would be first evaluated on
technical soundness and then on the financials. The bidder needs to cover the
entire functional and technical requirement as given in Annexure-2 and
Annexure-3 related to BBPS.
3.23.2.However for the sake of technical evaluation the items mentioned under
Annexure- 13 needs to be complied by the vendor.
3.23.3.The eligibility of bidder shall be evaluated against the criteria based on the
documents submitted.
3.23.4.Commercial Assessment :
The bidder quoting the lowest TCO in Reverse Auction shall be declared as L1.

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3.23.5.In case L1 bidder does not accept the order, option will be given to L2

subject; L2 should match the price with L1.


3.23.6.In case L2 bidder does not accept the order, option will be given to L3

subject; L3 should match the price with L1.


3.23.7.Bank reserves the right to negotiate further with the selected bidder, in case
the price quoted is not reasonable as compared to market price.
3.23.8.Bank reserves the right to reject any or all proposals. Similarly, it reserves the
right not to include any vendor in the final short-list.

3.24. No Price Variation


3.24.1. The commercial offer shall be in India Rupees and on a fixed price basis for 5
years. No price variation should be asked for relating to increases/decrease in
customs duty, excise tax, other taxes and foreign currency price variation etc
during offer validity period. However Bank may review the services and annual
charges on yearly basis.
3.24.2. Similarly, there should not be any price variation relating to increase in customs
duty, excise tax, other taxes and foreign currency price variation etc., during
contract period. However, during contract period, if there is any reduction in
government levies / taxes, the same shall be passed on to the Bank.
3.24.3. During contract period, the increase or decrease in service taxes and any new
tax levied by Government for the services subscribed by the Bank under this
tender will be to the Banks account.

3.25. Contacting the Bank


3.25.1. No Bidder shall contact the Bank on any matter relating to its Bid, from the
time of opening of Bid to the time the Contract is awarded.
3.25.2. Any effort by a Bidder to influence the Bank in its decisions on Bid evaluation,
Bid comparison or contract award may result in the rejection of the Bidders
Bid.

3.26. Banks Right to Accept Any Bid and to reject any or All Bids
3.26.1. The Bank reserves the right to accept or reject any Bid, and to annul the
Bidding process and reject all Bids at any time prior to contract award, without
thereby incurring any liability to the affected Bidder or Bidders, or any
obligation to inform the affected Bidder or Bidders of the grounds for the
Banks action.

3.27. Contract Period


3.27.1.The contract period for Implementation of Bharat Bill Payment (BBPS) solution
under outsourced model will be for a period of five years from the date of
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Agreement. The selected bidder need to execute a Service Level Agreement


(SLA) with the BANK covering all terms and conditions of this RFP. SLA will
cover performance of BBPS solution. The performance of the selected bidder
shall be reviewed every quarter and the Bank reserves the right to terminate
the contract at its sole discretion by giving two month notice without assigning
any reasons thereof. Any offer falling short of the contract validity period (Five
Years from the date of Agreement) is liable for rejection.

3.28. Schedule of Implementation


3.28.1.The implementation of BBPS solution shall comprise of covering scope of work
etc under this RFP in totality. The bidder will be required to share the setup
developed by them for the implementation of the BBPS solution with the Bank.
Bidder has to provide all the reports as per formats required by Bank. The
schedule of implementation of end-to-end complete solution is of 3 months
from the date of purchase order.

3.29. Notification of Award


3.29.1.Prior to expiration of the period of Bid validity, the Bank will notify the
successful Bidder in writing or by fax, that its Bid has been accepted.
3.29.2.The notification of award will constitute the formation of the Contract.
3.29.3.Upon the successful Bidders furnishing of Performance Security, the Bank will
promptly notify each unsuccessful Bidder and will discharge its Bid Security.
3.29.4.For unsuccessful bidder bank will not pay any interest on bid security submitted
by them.

3.30. Signing of Contract


3.30.1.At the same time as the Bank notifies the successful Bidder that its Bid has
been accepted, the Bidder shall be required to sign an agreement within 45
days from the date of notification of award.
3.30.2.The contract period would be for a period of five years.
3.30.3.The Bank reserves the right to extend the contract period of two years at the
same terms and conditions.

3.31. Service Level Agreement


3.31.1.At the same time as the Bank notifies the successful Bidder that its Bid has
been accepted, the Bidder shall be enter into a Service Level Agreement (SLA)
with the Bank, containing all the Terms and Conditions of this RFP, including
confidentiality, non-disclosure and penalty clauses, and any other clause
relevant to the services offered.
3.31.2.The contract period will be for a period of five years from the project going
live or the date of SLA, whichever is earlier. However, bank may extend
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another two years with same terms and conditions depending on the
performance of the bidder.
3.31.3.Though the contract will be signed only with the selected principal Bidder, it
shall be the selected Bidders responsibility to ensure that the quality of work
contracted with agents/associates/partners will not be compromised and will
be in tune with industry standards.

3.32. Performance Security


3.32.1.Performance Security in the required format to be submitted by the successful
Bidder as prescribed in Annexure 9.
3.32.2.Failure of the successful Bidder to sign the contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the Bid security.

3.33. Delays in the Bidders Performance


3.33.1.If at any time during performance of the Contract, the Bidder or the
subcontractor(s) should encounter conditions impeding timely delivery of the
Products and performance of Services, the Bidder shall promptly notify the
Bank in writing of the fact of the delay, its likely duration and its cause(s). As
soon as practicable after receipt of the Bidders notice, the Bank shall evaluate
the situation and may, at its discretion, extend the Bidders time for
performance, with or without liquidated damages, in which case, the extension
shall be ratified by the parties by amendment of the Contract.
3.33.2.Except as provided in the above clause, a delay by the Bidder in the
performance of its delivery obligations shall render the Bidder liable to the
imposition of liquidated damages, unless an extension of time is agreed upon
without the application of liquidated damages.

3.34. Liquidated damages


3.34.1.If the selected Bidder fails to provide any of the services after starting of
operations, as per the terms of this RFP, the Bank shall be entitled to charge
penalty/ liquidated damages @ 5% of the monthly bill, per week or part
thereof.
3.34.2.Liquidated Damages is not applicable for the reasons attributable to the Bank
and Force Majeure.
3.34.3.The LD shall be deducted / recovered by the Bank from any money due or
becoming due to the Bidder under the contract or may be recovered by
invoking the bank guarantees or otherwise from the Bidder or from any other
amount payable to the Bidder in respect of other orders.
3.34.4.However, the Bank may, at its discretion, waive the liquidated damages in case
the delay cannot be attributed to the Bidder.

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3.35. Arbitration / Resolution of Disputes


3.35.1.The Bank reserves the right to customize the contract to meet its
requirements.
3.35.2.The Bank and the selected Bidder will make every effort to resolve all disputes
amicably through direct talks and negotiations. In case of failure to resolve the
disputes and differences amicably the matter may be referred to a sole
arbitrator mutually agreed upon after issue of at least 30 days notice in writing
to the other party clearly setting out there in the specific disputes. In case sole
Arbitrator not acceptable to both parties, each party will appoint one
Arbitrator and the two Arbitrators will appoint a third Presiding Arbitrator.

3.36. Jurisdiction
3.36.1.The Contract shall be governed by the Laws and Regulations of India for the
time being in force and will be subject to the exclusive jurisdiction of the
Courts in Mumbai, India.

3.37. Acceptance Tests


3.37.1.The selected bidder in presence of the Bank authorized officials will conduct
acceptance test at the bidders DC and DR site. The test will involve
installation and commissioning and successful operation of the solution offered.
No additional charges shall be payable by the Bank for carrying out these
acceptance tests.

3.38. Audit
3.38.1.The Bank may, at its discretion, audit the software, books and services of the
Bidder by its external / internal / RBI / Ministry auditors. The Service Provider
will facilitate the same without any demur. The Bidder shall, whenever
required, furnish all relevant information, records, and data to inspecting
officials of Bank and the external / internal / RBI / Ministry auditors. The Bank
reserves the right to call for any relevant material information/report. Bank
will provide the information in advance to the service provider for the same.
3.38.2.The Bidder should get the activities and or functions audited from time to time
as per the requirements of the Bank, NPCI, Reserve Bank of India or any other
statutory body, where ever applicable. Cost of such audit should be borne by
the Bidder throughout the period of agreement. The audit will include VAPT for
system, application, database, hardware, network etc. to be performed.
Quarterly DR drill is to be conducted. Bidder should submit above audit report
internal/ external/ third party on quarterly basis or as on demand by the bank.

3.39. Help Desk


3.39.1. Bidder should have help desk and provide single point of contact to Bank to
resolve customer complaints/reconciliation/certification/testing / refund etc.

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issues. Help desk should be available during Banks office hours to attend the
problems.

3.40. Presentation and Demo (POC)


Bidders as part of technical evaluation the Bidder will have to demonstrate Proof of
Concept (POC) of their Bharat Bill Payment System (BBPS) solution both at their DC and
DR. POC will be based on the following conditions:
3.40.1.The cost associated with demonstrating the POC, including provision of Servers,
technical resources, will be to the account of the bidder and bank will not bear
any cost.
3.40.2.Cost related to travel cost and boarding cost of the bank officials if any, will be
borne by the Bank.
3.40.3.Bidders who have failed in the POC will automatically stand disqualified
technically.
3.40.4.The scope of the POC will be the complete live demonstration of the Solution
required under this RFP.
3.40.5.This will be decided after BID submission.
3.40.6.The vendor shall arrange all the required setup to demonstrate the POC.

3.41. Payment Terms


3.41.1.No advance payment will be made.
3.41.2.No payment for implementation will be made.
3.41.3.Relevant invoices to be raised quarterly in arrears. Payment will be based on
unit price quoted per transaction in TCO multiplied by quarterly successful
transactions happened in BBPS solution. The quarterly successful transaction
report submitted by the bidder will be reconciled with Banks CBS system for
financial transactions and only the reconciled transaction will be considered for
payment. In case of bill fetch (non-financial transactions) the bidder should
provide the details in soft copy. Biller onboarding will not be treated as
transaction.

3.42. Designing and Implementation Plan


3.42.1.Bank expects the Bidder to submit a detailed plan for implementation of the
project which should include the full scope of the project. On acceptance of
such plan by the Bank, the Bidder is required to carry out the implementation
of the project as per the timeline of 3 months to go live with all functionalities
as mentioned in RFP.

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3.43. Start of Services


3.43.1.The selected Bidder shall be responsible for making all the services of the
solution operational within 12 weeks from the date of acceptance of Purchase
Order, which will be restricted to 10 days from the date of Purchase Order.
3.43.2. For the purpose of this clause, start of services shall mean conducting
successful test and live transactions for all possible scenarios.

3.44. Business Continuity Plan / DR Site


3.44.1.The Bidder should mandatorily have a business continuity plan in place,
including a DR site to host the proposed solution, to continue operations in a
scenario where the primary place of business is affected by a disaster.
3.44.2.The Bidder should provide an undertaking stating the availability of the DR site
as prescribed in Annexure 14.

3.45. On-site visit / Reference Site Visit


3.45.1.The Technical Team of the Bank may visit the management centre and other
facilities of the Bidder who qualify the eligibility criteria, in case of need,
besides onsite visit to other Banks where such Bidder is providing the said
services, to evaluate the technical capability of the Bidder and costs incurred
by the team representing the Bank will be borne by the Bank.
3.45.2.The Bidder should provide references of organisations which have
implemented/procured the solution proposed by the Bidder. The reference
sites should be fully implemented and live on the current version of the
solution being offered.
3.45.3.References shall be contacted, including an on-site visit, as a part of the
solution evaluation process.

3.46. Right of Rejection


3.46.1.Union Bank of India reserves the right to reject the solution in its entirety
during the evaluation period and to change the suggested plan.

3.47. Penalty for Non-performance during Production and Operation


3.47.1.The Bidder shall perform its obligations under the agreement entered into with
the Bank, in a professional manner.
3.47.2.If any act or failure by the bidder under the agreement results in failure or
inoperability of systems and if the Bank has to take corrective actions to ensure
functionality of its property, the Bank reserves the right to impose penalty,
which may be equal to the cost it incurs or the loss it suffers for such failures.
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3.47.3.Bank may impose penalty to the extent of damage to its any equipment, if the
damage was due to the actions directly attributable to the staff of Bidder.
3.47.4.The Bank shall implement all penalty clauses after giving due notice to the
bidder.
3.47.5.If the Bidder fails to complete the due performance of the contract in
document, the Bank reserves the right either to cancel the order or to recover
a suitable amount as deemed reasonable as Penalty / Liquidated Damage for
non-performance. SLA violation will attract penalties.
3.47.6.If the bidder fails to maintain guaranteed uptime and success percentage of
99.9% on quarterly basis then Bank may impose penalty as per the table below.

>=99.9 to 100%

Quarterly Success
percentage (Technical
declines) of total
quarterly volume.
>=99.9 to 100%

>=99% to <99.9%

>=99.5% to <99.8%

Quarterly System
Uptime

>=98% to <99%
>=97% to <98%
<97%

>=99.0% to <99.4%
>=98.0% to <99.0%
<98.0%

Amount of Penalty
No penalty would be deducted
5% of amount payable for the
quarter
10% of amount payable for the
quarter
20% of amount payable for the
quarter
40% of amount payable for the
quarter

3.47.7.Any scheduled downtime will not be considered while calculating penalty.


3.47.8.The vendor shall provide the escalation matrix for support related issues for
Bank and customers. The issue which needs defect fixing at the vendor end
should be resolved within a day or two irrespective of working days. Any delay
beyond 2 days shall attract a penalty of Rs.500.00 (five Hundred) per
transaction.

3.48. Termination for Default / Order Cancellation / Exit Clause


BANK reserves the right to cancel the contract placed on the selected bidder and
recover expenditure incurred by the BANK under the following circumstances:3.48.1.The selected bidder commits a breach of any of the terms and conditions of the
bid.
3.48.2.The bidder goes into liquidation, voluntarily or otherwise.
3.48.3.An attachment is levied or continues to be levied for a period of seven days
upon effects of the bid.
3.48.4.If the selected bidder fails to complete the assignment as per the time lines
prescribed in the RFP and the extension if any allowed, it will be a breach of

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contract. The Bank reserves its right to cancel the order in the event of delay
and forfeit the bid security as liquidated damages for the delay.
3.48.5.If deductions on account of liquidated damages exceeds more than 10% of the
total contract price.
3.48.6.After award of the contract, if the selected bidder does not perform
satisfactorily or delays execution of the contract, BANK reserves the right to
get the balance contract executed by another party of its choice by giving
three months notice for the same. In this event, the selected bidder is bound
to make good the additional expenditure, which BANK may have to incur in
executing the balance contract. This clause is applicable, if for any reason, the
contract is cancelled.
3.48.7.BANK reserves the right to recover any dues payable by the selected bidder
from any amount outstanding to the credit of the selected bidder, including the
pending bills and/or invoking the bank guarantee under this contract.

3.49. Dispute Resolution Mechanism


The Bank and the selected Bidder will have to make every effort to resolve amicably by
direct informal negotiation between the respective Project managers of the Bank and
the selected Bidder, any disagreement or dispute arising between them under or in
connection with the Contract.
If, the Banks Project Manager and the Bidders Project Manager are unable to resolve
the dispute after thirty days from the commencement of such informal
negotiations, they will have to immediately escalate the dispute to the senior
authorized personnel designated by the Bidder and the Bank respectively.
If after thirty days from the commencement of such negotiations between the
senior authorized personnel designated by the selected Bidder and the Bank, the Bank
and the Bidder have been unable to resolve amicably a contract dispute; either
party may require that the dispute be referred for resolution through formal
arbitration.
All questions, claims, disputes or differences arising under and out of, or in connection
with the contract or carrying out of the work whether during the progress of the
work or after the completion and whether before or after the determination,
abandonment or breach of the contract shall be referred to arbitration by a Sole
Arbitrator acceptable to both parties failing which the number of arbitrators shall be
three, with each side to the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties shall appoint a third arbitrator who shall act as the
presiding arbitrator. The Arbitration and Reconciliation Act 1996 or any statutory
modification thereof shall apply to the arbitration proceedings. The cost and
expenses of arbitration proceedings will be paid as determined by The Arbitral Tribunal.
However the expenses incurred by each party in connection with the preparation,
presentation etc. of its proceedings as also the fees and expenses paid to the arbitrator
appointed by such party or on its behalf shall be borne by each party itself.
If a notice has to be sent to either of the parties following the signing of the contract,
it has to be in writing and shall be first transmitted by facsimile transmission or by
postage prepaid registered post with acknowledgement due or by a reputed courier
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service, in the manner as elected by the Party giving such notice. All notices shall be
deemed to have been validly given on:
a.

The business date immediately after the date of transmission with confirmed
answer back, if transmitted by facsimile transmission, or

b.

The expiry of five days after posting if sent by registered post with AD.

c.

The business date of receipt, if sent by courier.

This RFP document shall be governed and construed in accordance with the laws of
India. Arbitration Proceedings shall be held at notified and the language of the
arbitration proceedings and that of all documents and communications between the
parties shall be English. Notwithstanding the above, the Bank shall have the right to
initiate appropriate proceedings before any court of appropriate jurisdiction, should it
find it expedient to do so. However, all arbitration proceedings shall be at Mumbai,

Maharashtra State, India only.


3.50. Liability on account of any System Compromise
3.50.1. Bidder shall inform the Bank immediately with full details of any security
lapse / compromise for taking necessary steps against misuse on account of
such occurrence and also take steps to mitigate the risk. Bidder shall be fully
liable in case of any Security lapse / Compromise and liability arising in such
cases shall be reimbursed by the Bidder to the Bank.

3.51. Force Majeure


3.51.1. Force Majeure is herein defined as any cause, which is beyond the control of
the selected Bidder or Bank as the case may be which they could not foresee
or with a reasonable amount of diligence could not have foreseen and which
substantially affect the performance of the contract, such as:
a. Natural phenomenon, including but not limited to floods, droughts,
earthquakes and epidemics
b. Acts of any government, including but not limited to war, declared or
undeclared priorities, quarantines and embargos
c. Terrorist attack, public unrest in work area etc.
3.51.2. Provided either party shall within 10 days from occurrence of such a cause,
notify the other in writing of such causes. The Bidder or Bank shall not be
liable for delay in performing his/her obligations resulting from any force
majeure cause as referred to and/or defined above. Any delay beyond 30
(thirty) days shall lead to termination of contract by parties and all
obligations expressed quantitatively shall be calculated as on date of
termination, notwithstanding this, provisions relating to indemnity,
confidentiality survives termination of the contract.

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3.52. Bidder Utilisation of Know- How and Personnel for Competitors


3.52.1.The Bank will request a clause that would require a NOC to be obtained from
the Bank for using any know-how gained in this contract, if awarded, for
another organisation whose business activities are similar in part or in whole to
any of those of Union Bank of India anywhere in the world, without prior
written consent of the Bank. Non-disclosure Agreement shall be executed by
the Bidder with the Bank as per the format prescribed in Annexure 8

3.53. Limitation on Promotion


3.53.1.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 the
express prior written consent of the Bank.

3.54. Indemnity
3.54.1.The Bidder shall, at its own expense, defend and indemnify the Bank against all
third party claims for infringement of patent, trademark, design or copyright
arising from use of products or any part thereof supplied by Bidder. Bidder will
provide infringement remedies and indemnities for third party products, on a
pass through basis. The Bidder shall expeditiously extinguish any such claims
and shall have full rights to defend itself there from. 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 attorneys fees and other expenses that a court may finally
awards, 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, which the Bank incurs in this regard.
3.54.2.In the event of the Bidder not fulfilling its obligations under this clause 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 project.
3.54.3.The indemnities under this clause are in addition to and without, prejudice to
the indemnities given elsewhere in this agreement.

3.55. Patent Rights


3.55.1.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.
3.55.2.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
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third party resulting from such infringement, the Bidder shall be fully
responsible for, including all expenses and court and legal fees.
3.55.3.The Bank will give notice to the Bidder of any such claim without delay,
provide reasonable assistance to the Bidder in disposing of the claim, and shall
at no time admit to any liability for or express any intent to settle the claim.
3.55.4.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 the Bidder, including-all
inventions, designs and marks embodied therein in perpetuity.

3.56. Confidentiality
3.56.1.This document contains information confidential and proprietary to Union Bank
of India. Additionally, the Bidder may be exposed by virtue of the contracted
activities to internal business information of Union Bank of India, affiliates,
and/or business partners. Disclosure of receipt of this RFP or any part of the
afore-mentioned information to parties not directly involved in providing the
services requested could result in the disqualification of the Bidder, premature termination of the contract, or legal action against the Bidder for
breach of trust.
3.56.2.No news release, public announcement, or any other reference to this RFP or
any program there under shall be made without written consent from Union
Bank of India. Reproduction of this RFP, without prior written consent of Union
Bank of India, by photographic, electronic, or other means is strictly
prohibited.
3.56.3.Non-disclosure Agreement shall be executed by the Bidder with the Bank as per
the format prescribed in Annexure 7
3.56.4.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 employees or the third party
engaged by the Bidder will maintain strict confidentiality.
3.56.5.The Bidder, 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
or its Authorized personnel, except for purposes of performing the contract
award.
3.56.6.In case of breach the Bank shall take such legal action as it may be advised.

3.57. Limitation of Liability

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3.57.1.Bidder's aggregate liability under the contract shall be limited to a maximum of


the Contract value. This limit shall not apply to third party claims for
a. IP infringement indemnity;
b. Bodily injury (including death) and damage to real property and tangible
personal property caused by Bidder's gross negligence.
3.57.2.Bidder shall not in any event be liable for any indirect, consequential 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 Bidder is legally
liable.
3.57.3.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 Bidder
that gave rise to claim, under this tender.

3.58. Other General Conditions


3.58.1.All responses received after the due date/time would be considered late
and would not be accepted.
3.58.2.All responses by the vendors to this RFP document shall be binding on such
vendors for a period of 180 days after the submission of the bids.
3.58.3.Any additional or different terms and conditions proposed by the vendor would
be rejected unless expressly assented to in writing by the bank.
3.58.4.Bank reserves the absolute right to reject the offer if is not in accordance with
its requirements and no further correspondence, whatsoever, will be
entertained by the Bank in the matter.
3.58.5.Any technical or commercial bid, submitted cannot be withdrawn/modified
after the last date for submission of the bids.
3.58.6.Each offer should specify only a single solution which is cost- effective
and meet the tender specifications and should not include any alternatives.
3.58.7.The bidder shall bear all costs associated with the preparation and submission
of its bid, attending pre-bid meeting or arranging Product Walk through and
Bank will in no case be responsible or liable for these costs, regardless of the
conduct or outcome of the bidding process.
3.58.8.The vendor shall also indemnify Bank against all third party claims of
infringement of patent, trademark or industrial design rights arising from use
of the goods, software(s), hardware(s) or any part thereof in India and abroad.
3.58.9.To assist in the scrutiny, evaluation and comparison of offers Bank may, at its
discretion, ask some or all bidders for clarification of their offer. The request
for clarification and the response shall be in writing and no change in the price
or substance of the bid shall be sought, offered or permitted.
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3.58.10. In the event of any claim asserted by the third party of infringement of
copyright, patent, trademark or industrial design rights arising from the use of
the Goods or any part thereof in India, the vendor shall act expeditiously to
extinguish such claims. If the vendor fails to comply and the Bank is required to
pay compensation to a third party resulting from such infringement, the vendor
shall be responsible for the compensation including all expenses, court costs
and lawyer fees. Bank will give notice to the vendor of such claims, if it is
made, without delay by fax/e-mail/registered post.
3.58.11. One bidder should submit one bid only.

3.59. Submission of Bids


The bidders shall duly seal each envelope.
The bid should be addressed to Bank at the following address:The Dy. General Manager
Union Bank of India,
Department of Information Technology,
5th Floor, Technology Centre, Adi Shankaracharya Marg,
Opp: Powai Lake, Powai, Mumbai 400072.

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Annexure 1: STANDARD TERMS AND CONDITIONS


Introduction
A. The purpose of these standard terms and condition for Outsourcing Contracts
(hereinafter referred to as the standard Terms and conditions) is to set forth
the terms and conditions applicable to the outsourcing agreement executed
between the Service Provider and the Bank.
B. If any provisions of the standard terms and conditions is inconsistent with any
provision of the outsourcing agreement ,of which the Standard terms and
conditions constitute an integral part, the provision of standard terms and
conditions shall prevail,
1. Representations and Warranties
The following representation and warranties shall be deemed to have been given by
the Service Provider in relation to outsourcing Contracts upon the contracts being
executed.
In order to induce the Bank to enter into the Contract / Agreement, the Service
Provider hereby represents and warrants as of the date hereof, which representations
and warranties shall survive the term and termination hereof, the following:
1.1.That the Service Provider is a company / firm which has the requisite
qualifications, skills, experience and expertise in providing all such services
as are necessary to perform its obligation under the contract/agreement and
the financial wherewithal, the power and the authority to enter into the
Contract / Agreement and provide the Service(s)/Systems sought by the Bank.
1.2.That the Service provider is not involved in any major litigation, potential,
threatened and existing, that may have an impact of affecting or
compromising the performance and delivery of Service(s) /Systems under the
Contract / Agreement.
1.3.That the Service provider shall use such assets of the Bank as the Bank may
permit for the sole purpose of execution of its obligations under the terms of
the bid, Tender or the Contract / Agreement. The Service provider shall
however, have no claim to any right, title, lien or other interest in any such
property, and any possession of property for any duration whatsoever shall
not create any right in equity or otherwise, merely by fact of such use or
possession during or after the term hereof.
1.4.That the Service provider shall procure all the necessary permissions and
adequate approvals and licenses for use of various software and any
copyrighted process/product free from all claims, titles, interests and liens
thereon and shall keep the Bank, its directors, officers, employees,
representatives, consultants and agents indemnified in relation thereto.

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1.5.That the execution of the Service(s) herein is and shall be in accordance and
in compliance with all applicable laws as amended from time to time.
1.6.That there are (a) no legal proceedings pending or threatened against
Service provider or its team which adversely affect/may affect performance
under this Contract / Agreement; and (b) no inquiries or investigations have
been threatened, commenced or pending against the Service provider or any
sub-Service provider / third part or its team members by any statutory or
regulatory or investigative agencies.
1.7.That neither the execution and delivery by the Service provider of the
Contract / Agreement nor the Contractors compliance with or performance
of the terms and provisions of the Contract / Agreement (i) will contravene
any provision of any applicable law or any order, writ, injunction or decree of
any court or governmental authority binding on the Service provider (ii) will
conflict or be inconsistent with or result in any breach of any or the terms,
covenants, conditions or provisions of, or constitute a default under any
agreement, contract or instrument to which the Service provider is a party or
by which it or any of its property or assets is bound or to which it may be
subject or (iii) will violate any provision of the Memorandum and Articles of
Association of the Contractor.
1.8.The Service provider shall not charge any fees to the customers of the Bank
directly for the services rendered by them on behalf of the Bank.
1.9.The service provider shall not sell/compel the customers of the Bank to buy
third party products along with the Banks product.
2. Compliance Requirements
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
2.1.The entire activity and Services would be guided by and conform to policies
and guidelines of the Bank, Reserve Bank of India , IDRBT, State and Central
Governments, legal provisions etc.
2.2.Information Security standards for end-to-end solution would conform to ISO
27001, CERT-In guidelines, IT Act 2000, The information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal data or
Information) Rules, 2011 (IT SPD Rules), RBI, Government, IDRBT and the
Banks policies.
2.3.The business practices, processes adopted for rendering services, maintenance
of records, accounting norms & procedures etc for banking and financial
services shall conform to regulatory, legal and the Banks policies and
guidelines.

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3. Subcontracting
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
3.1.It is agreed between the parties that service provider shall not procure
services either through subcontract without the prior written permission of the
Bank. If subcontracting is permitted by the Bank then;
3.1.1. Service provider shall be responsible for all the services provided to the
Bank regardless of which entity is conducting the operations on behalf
of contractor.
3.1.2. The Service provider shall be responsible for managing the activities of
its personnel and/or the personnel of subservice provider and under
no circumstances and at no point of time the subservice provider of the
Service provider will be considered employees, subservice provider or
agent of the Bank.
3.1.3. The Service provider shall be responsible for ensuring that the SubContractor comply with all security & confidentiality requirement of
the Bank set out in this agreement and the Bank can obtain
independent report for the same.
4. Human Resource Requirement
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
4.1.The Service provider shall provide a contingent of well trained personnel and
extend necessary mentoring and operational support to the intermediary
network of agents, etc. as part of the solution/service.
4.2.The Service provider shall confirm that every person deployed by them on the
project has been vetted through a third-party background check prior to their
engagement. The Service provider shall manage the activities of its personnel
or others engaged in the project, etc and shall be accountable for all the
personnel deployed/engaged in the project.
4.3.In case the performance of the Business Correspondents/their
CSP/agent/employees engaged in the project is not satisfactory or is
detrimental to the interests of the Bank, The Service provider shall have to
replace the said person within the time limits stipulated by the Bank. Where
the Service provider fails to comply with the Banks request, the Bank may
replace the said person, Business Correspondent or their agents/employees on
its own.
4.4.No right to employment in the Bank shall accrue or arise to the employees or
agents of the Service provider, by virtue of engagement of employees, agents,
etc. of The Service provider for any assignment under this project. It is further
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clarified that the arrangement herein with the Service provider is a contract
for service.
4.5.The Service provider shall exercise due diligence and only engage persons
having established identity, integrity, requisite qualifications and skills and
deployment experience for all critical activities.
4.6.The Service provider shall extend all of the outsourced banking and financial
services by deploying such personal that have high integrity and meet the
qualifications and other criteria stipulated by the Reserve Bank of India ,
Government or the Bank from time to time and agrees and undertake that
during the subsistence of this agreement they 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.
5. Service Levels
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
5.1.The Service provider shall proceed to carry out the Service(s) with diligence
and care in accordance with any stipulation as to the time, manner, mode,
and method of execution contained in the Contract / Agreement and shall
meet the standards of good industry practice.
5.2.Notwithstanding generality of the foregoing, the Service provider shall achieve
the service levels and key performance matrixes stipulated by the Bank under
the contract.
5.3.Standard of Performance
The Service provider shall perform the Service(s) and carry out its obligations
under the Contract with due diligence, efficiency and economy, in accordance
with generally accepted techniques and practices used in industry and with
professional engineering standards recognized by the international
professional bodies and shall observe sound management, technical and
engineering practices. It shall employ appropriate advanced technology,
procedures and methods. The Service provider shall always act, in respect of
any matter relating to the Contract, as faithful advisors to the Bank and shall,
at all times, support and safeguard the Bank's legitimate interests in any
dealing with third parties.
5.4.Key Performance Measurements
Unless specified by the Bank to the contrary, the Service provider shall
perform the Service(s) and carry out the Service(s) under and in accordance
with the terms of the Contract / Agreement and as per the good industry
practice.

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5.5.Reporting Progress
The Service provider shall monitor progress of all the activities specified in the
program of work/ Service(s) and submit free of cost weekly progress report
about various aspect of the work/Service(s) to the Bank. The Bank on mutual
agreement between both Parties may change the periodicity of such reports.
6. Intellectual Property Rights and Patent Rights
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
6.1.Purchaser/the Bank shall own and have a right in perpetuity to use all
Intellectual Property Rights which have arisen out of or in connection with the
implementation of the Contract, if any, including all processes, products and
Services which have been developed by the Service provider during the
performance of Service(s) and for the purposes of inter-alia, use or sub-license
of such service(s) under the Contract. The Service provider undertakes to
disclose all Intellectual Property Rights arising out of or in connection with the
performance of the service(s) to the Bank and execute all such
agreements/documents and file all relevant applications, effect transfers and
obtain all permits, approvals, consents and no objections that may be
necessary in this regard to effectively transfer and conserve the Intellectual
Property Rights of the Bank.
6.2.Further, the Service provider shall be obliged to ensure that all approvals,
consents, no objections, registrations, licenses, permits and rights which are
inter-alia necessary for use of the information technology system installed by
the Contractor, shall be acquired in the name of the Bank, prior to
termination of the Contract and which shall be assigned by the Bank if
necessary under the applicable laws or otherwise to the Service provider for
the purpose of execution of any of its obligations under the terms of the bid,
or the Contract. However, subsequent to the term of the Contract, such
approvals, consents, no objections, registrations, licenses, permits and rights
etc., shall ensure to the exclusive benefit of the Bank.
6.3.The Service provider shall ensure that while it uses any software, hardware,
processes or material in the course of performing the service(s), it does not
infringe the Intellectual Property Rights of any person and the Service provider
shall keep the Bank, its directors, employees, agents and representatives
indemnified against all costs, charges, expenses, liabilities, claims, damages,
litigations, suits, judgments and / or otherwise howsoever, arising out of any
illegal or unauthorized use (piracy) or in connection with any claim or
proceedings relating to any breach or violation of any permission/license
terms or infringement of any Intellectual Property Rights by the Service
provider or any sub-Service provider during the course of performance of the
service(s).

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7. Information Security
7.1.The Service provider and its personnel shall not carry any written material,
layout, diagrams, floppy diskettes, hard disk, storage tapes or any other media
out of the Bank's premises without written permission from the Bank.
7.2.The Service provider personnel shall follow the Banks information security
policy and instructions in this behalf.
7.3.The Service provider acknowledges that the Bank's business data and other
proprietary information or materials, whether developed by the Bank or being
used by the Bank pursuant to a license agreement with a third party (the
foregoing collectively referred to herein as proprietary information) are
confidential and proprietary to the Bank; and the Service provider agrees to
use reasonable care to safeguard the proprietary information and to prevent
the unauthorized use or disclosure thereof, which care shall not be less than
that used by Service provider to protect its own proprietary information.
Service provider recognizes that the goodwill of the Bank depends, among
other things, upon Service provider keeping such proprietary information
confidential and that unauthorized disclosure of the same by Service provider
could damage the Bank. By reason of Contractors duties and obligations
hereunder, Service provider may come into possession of such proprietary
information, even though the Service provider does not take any direct part in
or furnish the Service(s) performed for the creation of said proprietary
information and shall limit access thereto to employees with a need to such
access to perform the Services required by the Contract / Agreement. Service
provider shall use such information only for the purpose of performing the
Service(s).
7.4.Service provider shall, upon termination of the Contract / Agreement for any
reason, or upon demand by the Bank/ Purchaser, whichever is earliest, return
any and all information provided to Service provider by the Bank, including
any copies or reproductions, both hardcopy and electronic.
8. Ownership and Retention of Documents
8.1.The Bank shall own the documents, prepared by or for the Service provider
arising out of or in connection with the Contract / Agreement. The services
provider shall preserve the documents and data in accordance with the
legal/regulatory obligation of the Bank.
8.2.Forthwith upon expiry or earlier termination of the Contract / Agreement and
at any other time on demand by the Bank, the Service provider shall deliver to
the Bank all documents provided by or originating from the Bank and all
documents produced by or from or for the Service provider in the course of
performing the Service(s), unless otherwise directed in writing by the Bank at
no additional cost. The Service providers shall not, without the prior written
consent of the Bank store, copy, distribute or retain any such Documents.

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9. Data Ownership
By virtue of the Contract / Agreement, the Contractors team may have access to
personal and business information of the Bank and / or a third party. The Bank has
the sole ownership of and the right to use, all such data in perpetuity including any
data or other information pertaining to the subscriber that may be in the possession
of the Service provider or Contractors team in the course of performing the
Service(s) under the Contract / Agreement.
10. Confidentiality
The service provider hereby represents and warrants that they shall ensure the
preservation and protection of the security and confidentiality of the
beneficiary/customer information or data which are in the custody or possession of
the service provider. They further represents and warrants that they shall ensure the
preservation and protection of the sensitive personal data or information as
defined/laid down in The information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 2011 (IT SPD Rules).
The Parties agree that they shall hold in trust any Confidential Information received
by either Party, under the Contract / Agreement, and the strictest of confidence shall
be maintained in respect of such Confidential Information. The Parties also agree:
a) to maintain and use the Confidential Information only for the purposes of the
Contract / Agreement and only as permitted herein;
b) to only make copies of such documents / papers as specifically authorized by
the prior written consent of the other party and with the same confidential or
proprietary notices as may be printed or displayed on the original;
c) to restrict access and disclosure of Confidential Information to such of their
employees, agents, service providers, and Service providers strictly on a "need
to know" basis, to maintain confidentiality of the Confidential Information
disclosed to them in accordance with this Clause and d). In the event of earlier
termination of the Contract / Agreement, the Parties hereby agree to maintain
the confidentiality of the Confidentiality obligation shall survive the
termination of this agreement.
Confidential Information does not include information which:
i) the recipient knew or had in its possession, prior to disclosure, without
limitation on its confidentiality;
ii) information in the public domain as a matter of law;
iii) is received from a third party not subject to the obligation of confidentiality
with respect to such information;
iv) is released from confidentiality with the written consent of the other Party.
The recipient shall have the burden of proving that Clauses (i) or (ii) above are
applicable to the information in the possession of the recipient. Notwithstanding the
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foregoing, the Parties acknowledge that the nature of the Service(s) to be performed
under this Contract / Agreement may require the Service provider's personnel to be
present on premises of the Bank or may require the Service provider's personnel to
have access to computer networks and databases of the Bank while on or off premises
of the Bank. It is understood that it would be impractical for the Bank to monitor all
information made available to the Service provider under such circumstances and to
provide notice to the Service provider/ Service provider of the confidentiality of all
such information. Therefore, the Service provider agrees that any technical or
business or other information of the other party that the Contractors personnel, sub
Service providers, or agents acquire while on the Bank's premises, or through access
to the Bank's computer systems or databases while on or off the Bank's premises, shall
be deemed Confidential Information. Confidential Information shall at all times
remain the sole and exclusive property of the disclosing Party. Upon termination of
the Contract / Agreement, Confidential Information shall be returned to the
disclosing Party or destroyed, if incapable of return. The destruction shall be
witnessed and so recorded, in writing, by an authorized representative of each of the
Parties. Nothing contained herein shall in any manner impair rights of the Bank in
respect of the Systems, Service(s), and Documents etc.
In the event that any of the Parties hereto becomes legally compelled to disclose any
Confidential Information, such Party shall give sufficient notice to the other Party to
enable the other Party to prevent or minimize to the extent possible, such disclosure.
Neither party shall disclose to a third party any Confidential Information or the
contents of the Contract / Agreement without the prior written consent of the other
Party. The obligations of this Clause shall be satisfied by handling Confidential
Information with the same degree of care, which the receiving Party applies to its
own similar confidential information but in no event less than reasonable care. The
obligations of this Clause shall survive the expiration, cancellation or termination of
this Contract / Agreement. The provision of this clause shall survive termination of
the Contract / Agreement till such Confidential Information enters public domain and
as stated above.
11. Bank's/Reserve Bank of Indias Right of Inspection and Periodic Audit
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
11.1. The Bank/Reserve Bank of India reserves the right to inspect and
monitor/assess the progress of the Services at any time during the course of
the Contract / Agreement. The Bank may demand and upon such demand
being made, the Bank shall be provided with any document, data, material or
any other information, which it may require, to enable it to assess the
progress of the Services.
11.2. The project shall confirm to the Bank/Reserve bank of Indias policies and
would be subject to Internal and External audits or agents appointed to act on
its behalf and to obtain copies of any audit or review reports and findings
made on the service provider in conjunction with the services performed for
the Bank.

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11.3. The Service provider shall allow the Reserve Bank of India or persons
authorized by them to access the Bank/service providers documents, records
& service providers transactions and other necessary information given to or
stored or processed by the service provider within a reasonable time. In the
event these are not made accessible to Reserve Bank of India within a
reasonable time, the service provider will reimburse the Bank which they may
be liable to pay supervisory fees to Reserve Bank of India.
11.4. The Service provider is required to extend all necessary co-operations to
facilitate audit process.
11.5. The Service provider shall have adequate audit controls and track normal and
exception transactions.
11.6. The Bank shall utilize the services of internal or external auditors for ensuring
proper operations by the Service provider.
11.7. The Bank/Reserve Bank of India shall also arrange for a random verification
for better control and shall have the right to review and monitor the security
practices and control processes of the service provider on regular basis and
require the service provider to disclose security breaches if any.
11.8. The Bank/Reserve Bank of India
reserve its right to inspect and
monitor/access the progress/activities of the services and Complaint Register
and other related documents
at any time during the course of the
contract/agreement. The Bank/ Reserve Bank of India may demand and upon
such demand being made, the Bank/ Reserve Bank of India shall be provided
with any document, data, material, Complaint Register or any other
information, which it may require, to enable it to access the activity, details
of compliant redressals and progress of the services.
12. Review Of Contract And Performance
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under;
12.1. The Bank shall have the right of quarterly review of the performance of the
Service provider under the contract which would be basis of continuation or
termination of the same. The Bank on mutual agreement between both
Parties may change the periodicity of such review.
12.2. The 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
service provider in order to assess the ability of the Service provider to
continue to meet its outsourcing/contractual obligations
13. Delay in the Contractors Performance
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:

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13.1. Time is the essence of contract. Time period for delivery, installation and
implementation will be drawn up by the Bank or as given in the contract and
service provider should adhere to the schedule and complete the project
within given time. Performance of the Contract shall be made by the Service
provider in accordance with the time schedule specified by the Bank. The
Bank will impose following penalties apart from the liquidated damages,
termination of contract etc. and will be recovered from the Service provider
from his payment.
13.2. A delay by the Service provider in the performance of its Contract obligations
shall render the Service provider liable to any or all the following sanctions:
a) Forfeiture of its performance Bank guarantee if any ,
b) Imposition of liquidated damages and penalties, and / or
c) Termination of the Contract for default
14. User Acceptance Test and Quality Check
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
14.1. The Bank or its representative shall have the right to inspect and/or to test
the goods and/or Services to check their conformity to the Contract
specifications at no extra cost to the Bank.
14.2. The inspections and test may be conducted on the premises of the
Contractor, at point of delivery and / or at the final destination. If conducted
on the premises of the Contractor, all reasonable facilities and assistance,
including access to drawings and production data, shall be furnished to the
inspectors at no charge to the Bank.
14.3. Should any inspected or tested goods or services fail to conform to the
specifications, the Bank may reject the goods and/or services, and the
Service provider shall either replace the rejected goods and/or services or
make alterations necessary to meet specification requirements free of cost to
the Bank.
14.4. Pre-delivery /acceptance Inspection will be carried out by the Bank through
its staff / consultant at Contractors site / location or at any of the Banks
site / location depending on the exigencies of the Bank. The Service provider
shall keep ready the equipment for inspection if the inspection is carried out
at the Banks Site, the Service provider should provide all assistance including
manpower. There shall not be any additional charges for such inspection.
However, the Bank will have the discretion to recover the costs related to
travel and stay of its staff / consultants.
15. Business Continuity Plan
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under
15.1. The parties shall comply with the provisions of the Business Continuity Plan
and the Service provider shall ensure that it is able to implement the Business
Continuity Plan at any time in accordance with its terms.

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15.2. The Service provider shall test the Business Continuity Plan on a regular basis
(and in any event not less than once in every 12 month period) jointly with
the Bank. The Bank may require the Service provider to conduct additional
tests of the Business Continuity Plan where the Bank considers it necessary,
including where there has been any change to the Services or any underlying
business processes, or on the occurrence of any event which may increase the
likelihood of the need to implement the Business Continuity Plan. The
Authority reserves the right to attend any Business Continuity Plan test
undertaken by the Contractor.
15.3. If the Bank requires an additional test of the Business Continuity Plan it shall
give the Service provider written notice and the Service provider shall
conduct the test in accordance with the Banks requirements and the relevant
provisions of the Business Continuity Plan. The Contractor's costs of the
additional test shall be borne by the Bank unless the Business Continuity Plan
fails the additional test in which case the Contractor's costs of that failed test
shall be borne by the Contractor
15.4. Following each test, the Service provider shall send to the Authority a written
report summarising the results of the test and shall promptly implement any
actions or remedial measures which the Bank considers to be necessary as a
result of those tests.
15.5. The Service provider shall undertake regular risk assessments and/or business
impact analysis in relation to the provision of the Services not less than once
every six months and shall provide the results of, and any recommendations in
relation to those risk assessments or business impact analysis to the Authority
promptly in writing following each review.
16. Indemnity
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under
16.1. The Service provider agrees to indemnify and keep indemnified, defend and
hold
harmless Purchaser and its directors, employees, agents and
representatives from and against any , loss, damages, liabilities, claims,
litigations, suits, actions, judgments, and or otherwise including but not
limited to those from third parties or liabilities of any kind howsoever
suffered, arising out of or incurred inter alia during and after the Contract
period including but not limited to third-party claims due to infringement of
patent, trademark, Intellectual Property Rights, copyrights or industrial
drawings and designs arising from use of the services or any part thereof and
/ or otherwise.
16.2. Further, the said indemnity shall also be available for any of actions arising
out of or in connection with the Contractor's breach of the representations
and warranties specified in the Contracts/Agreement; acts or omissions of
negligence or misconduct by the Service provider or its professionals,
representatives, agents, subcontractor, security analysts, consultants and
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advisors; For the purpose of the Agreement/Contract, the Service provider


shall mean and include the Contractor, its personnel, employees, consultants,
advisors, agents, representatives and /or other authorized persons.
16.3. The responsibility to indemnify shall survive the termination of the
Agreement/ Contract
for any reason with regard to any indemnity claims
arising in relation to performance thereof. The Service Provider shall ensure
that in addition to security features deployed in the technology, controls and
operational procedures should ensure protection of the Bank from loss,
disclosure or frauds.
16.4. The Service provider shall indemnify the Bank from transaction risk (from
system error, human error, negligence and mismanagement) and fraud risk
(loss to earnings or capital due to intentional deception by employees,
customers, agents, external entities, etc).
16.5. The Service Provider shall indemnify the Bank and provide a system free from
risks arising out of data becoming outdated, lost or overwritten due to
inappropriate update procedures and the potential for frauds.
16.6. The Service Provider shall indemnify the Bank and hold the Bank harmless
against loss or liability, claims actions or proceedings due to wrong
debit/credit of any account of any beneficiary/customer
that may arise
through the action of its employees, agents, contractors, etc. or otherwise.
16.7. The Service Provider shall assist the Bank in identifying potential risks in the
solution, remedy any of the identified risks, develop strategies to measure,
monitor and mitigate those risks and implement new controls.
16.8. The Service Provider shall maintain adequate documentation, records, audit
trails, etc and cooperate with the Banks internal audit teams, regulatory
authorities and third-party external auditors for conducting periodical audit
and arrange for necessary access to relevant information / assets under the
control of The Service provider
17. Force Majeure
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
17.1. Notwithstanding the provisions of this RFP the Service provider shall not be
liable for forfeiture of its Performance Bank Guarantee, liquidated damages
or termination for default, if and to the extent that, its delay in performance
or other failure to perform its obligations under the Contract / Agreement is
the result of an event of Force Majeure.
17.2. For purpose of this Clause Force Majeure means an event beyond the
control of the Service provider and not involving the Contractor's fault or
negligence and not foreseeable. Such events may include war or revolution,
terrorist act, fire, flood, earthquake, epidemic and quarantine restriction.
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17.3. If a Force Majeure situation arises, the Service provider shall promptly notify
the Bank in writing of such conditions and the cause thereof. Unless otherwise
directed by the Bank in writing, the Service provider shall continue to
perform its obligations under the Contract as far as is reasonably practical
and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event. the Bank may terminate the Contract
/ Agreement, by giving a written notice of minimum 30 (thirty) days to the
Contractor, if as a result of Force Majeure the Service provider is unable to
perform a material portion of the Service(s) for a period of more than 60
(sixty) days.
18. Relationships between the Parties
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
18.1. The Service(s) of the Service provider herein shall not be construed as any
agency of the Bank and there shall be no principal and agent relationship
between the Bank and the Service provider in this regard.
18.2. Nothing in the Contract / Agreement constitutes any fiduciary relationship
between the Bank and Service Provider/ Service Providers Team or any
relationship of employer - employee, principal and agent, or partnership,
between the Bank and Service Provider.
18.3. No Party has any authority to bind the other Party in any manner whatsoever
except as agreed under the terms of the Service Provider/ Service Provider.
18.4. The Bank has no obligations to the Service Provider/ Service Providers team
except as agreed under the terms of the Contract / Agreement.
19. No Assignment
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
19.1. The Contract / Agreement cannot be transferred or assigned by the Service
provider without the prior written approval of the Bank.
20. Termination
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under
20.1. The Bank may, terminate the Contract / Agreement by giving the Service
provider a prior and written notice of 30 days indicating its intention to
terminate the Contract / Agreement under the following circumstances:

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a) Where it comes to the Banks attention that the Service provider is in a


position of actual conflict of interest with the interests of the Bank, in
relation to any of terms of the Contractors bid or the Contract /
Agreement.
b) Where the Contractors ability to survive as an independent corporate
entity is threatened or is lost owing to any reason whatsoever, including
inter-alia the filing of any the Bank bankruptcy proceedings against the
Contractor, any failure by the Service provider to pay any of its dues to its
creditors, the institution of any winding up proceedings against the
Service provider or the happening of any such events that are adverse to
the commercial viability of the Contractor.
20.2. In the event of the happening of any events of the above nature, the Bank
shall reserve the right to take any steps as are necessary, to ensure the
effective transition of the Service(s) to the next successor Service provider,
and to ensure business continuity.
20.3. Termination for Insolvency:
the Bank may at any time terminate the Contract / Agreement by giving
written notice to the Contractor, without compensation to the Contractor, if
the Service provider becomes bankrupt or otherwise insolvent, provided that
such termination will not prejudice or affect any right of action or remedy
which has accrued or will accrue thereafter to the Bank.
20.4. Termination for Default:
Bank, without prejudice to any other right or remedy for breach of
Contract, by a written notice of default sent to the Contractor, may
terminate the Contract / Agreement in whole or in part.
21. Consequences of Termination
The service provider by executing the outsourcing agreement shall be deemed to have
unconditionally agreed as under:
21.1. In the event of termination of the Contract / Agreement due to any cause
whatsoever, [whether consequent to the stipulated term of the Contract /
Agreement or otherwise], the Bank shall be entitled to impose any such
obligations and conditions and issue any clarifications as may be necessary to
ensure an efficient transition and effective business continuity of the
Service(s) which the Service provider shall be obliged to comply with and take
all available steps to minimize loss resulting from that termination/breach,
and further allow the next successor Service provider to take over the
obligations of the erstwhile Service provider in relation to the
execution/continued execution of the scope of the Contract / Agreement.
Termination process will be initiated only after the service provider has been
provided with a written curing period of 30 (thirty) days.

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21.2. In the event that the termination of the Contract / Agreement is due to the
expiry of the term of the Contract / Agreement, a decision not to grant any
(further) extension by the Bank, the Service provider herein shall be obliged
to provide all such assistance to the next successor Service provider or any
other person as may be required and as the Bank may specify including
training, where the successor(s) is a representative/personnel of the Bank to
enable the successor to adequately provide the Service(s) hereunder, even
where such assistance is required to be rendered for a reasonable period that
may extend beyond the term/earlier termination hereof.
21.3. Where the termination of the Contract / Agreement is prior to its stipulated
term on account of a default on part of the Service provider or due to the fact
that the survival of the Service provider as an independent corporate entity is
threatened/has ceased, the Bank shall pay the Service provider for that part
of the Service(s) which have been authorized by the Bank and satisfactorily
performed by the Service provider up to the date of termination, without
prejudice to any other rights, the Bank may retain such amounts from the
payment due and payable by the Bank to the Service provider/ Service
provider as may be required to offset any losses caused to the Bank as a result
of any act/omissions of the Service provider / Service provider. In case of any
loss or damage due to default on the part of the Service provider / Service
provider in performing any of its obligations with regard to executing the
Service(s) under the Contract / Agreement .The Service provider / Service
provider shall compensate the Bank for any such loss, damages or other costs,
incurred by the Bank. Additionally, the sub Service provider / Service provider
/ other members of its team shall continue to perform all its obligations and
responsibilities under the Contract / Agreement in an identical manner as
were being performed hitherto before in order to execute an effective
transition and to maintain business continuity. All third parties shall continue
to perform all / any functions as stipulated by the Bank and as may be proper
and necessary to execute the service(s) under the Contract / Agreement in
terms of the Service provider's / Service providers bid and the Contract /
Agreement.
21.4. Nothing herein shall restrict the right of the Bank to invoke the Performance
Bank Guarantee and other guarantees, securities furnished, enforce the Deed
of Indemnity and pursue such other rights and / or remedies that may be
available to the Bank under law or otherwise.
21.5. The termination hereof shall not affect any accrued right or liability of either
Party nor affect the operation of the provisions of the Contract / Agreement
that are expressly or by implication intended to come into or continue in
force on or after such termination.
21.6. Termination survives the Contract / Agreement.
In the event of termination of this Agreement for any reason, the Bank shall have the
right to publicize such termination to caution the customers/public from dealing with
the Contractor.

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Annexure 2: Updated BBPS Technical Specification can be downloaded from


http://www.npci.org.in/documents/BBPS_Technical_Specifications.pdf

Annexure 3: Updated BBPS Procedural Guidelines can be downloaded from


http://www.npci.org.in/documents/BBPS-Procedural-Guidelines.pdf

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Annexure 4 - BIDDERS ORGANISATION PROFILE


ORGANISATION PROFILE
A. Profile of the Bidder
Name of the Bidder
Location of Registered Office and IT Centre
Constitution
Date of Incorporation
Date of commencement of Business
Major change in the management in the last three years
Names of Banker(s)
B. Financial position of the Bidder for the last three years

Paid up capital
Tangible
Net
Worth
(excluding
Revaluation
Reserve)
Net Sales of the Company
Gross Profit
Net Profit (Profit After Tax)

2015-16

2014-15

2013-14

Note: Enclose copies of audited balance sheets along with the Bid.
C. Proposed Service details in brief:

Description of service
Details of similar service provided to banks in India

(Signature with date and seal)


(In the capacity of)
Duly authorised to sign the Bid with seal for and on behalf of (Name and address of the
Bidder)

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Annexure 5- UNDERTAKING BY THE BIDDER


(To be submitted on the Bidders letterhead)
Date:
To:
The Dy. General Manager
Union Bank of India,
Department of Information Technology,
5th Floor, Technology Centre, Adi Shankaracharya Marg,
Opp: Powai Lake, Powai, Mumbai 400072.
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 also undertake that, 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 the Bank.

Dated this ....... day of ............................ 2016


Place:

(Signature with date and seal)


(In the capacity of)
Duly authorised to sign the Bid with seal for and on behalf of (Name and address of the
Bidder)

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Annexure 6 - BID FORM


Ref No:

Date:

To:
The Dy. General Manager
Union Bank of India,
Department of Information Technology,
5th Floor, Technology Centre, Adi Shankaracharya Marg,
Opp: Powai Lake, Powai, Mumbai 400072.
Dear Sir,
We the undersigned, having examined the Request for Proposal (RFP) for Implementation of
Bharat Bill Payment Payment System (BBPS) solution under outsourced model, in conformity
with the said RFP, for such amount as may be ascertained in accordance with the Schedule of
Prices submitted.
If our proposal is accepted, to commence operations within six to ten weeks calculated from
the date of acceptance of your notification of award / letter of intent / purchase order, as
provided under Clause Start of Services - of RFP. We agree to hold this proposal valid for a
period of 180 days from the last date of submission of proposal, which shall remain binding
upon us and may be accepted at any time before the expiry of the period. We further confirm
that1. We agree to abide by the Bid and the rates quoted therein for the orders awarded by the
Bank up to the period prescribed in the Bid which shall remain binding upon us.
2. In case we offer system and/or other software manufactured by another company, such
software operates effectively on the system offered by us and we are willing to accept
responsibility for its successful operations.
3. Until a formal contract is prepared and executed, this proposal, together with your
written acceptance thereof and Notification of Award, shall constitute a binding Contract
between us.
We undertake that, in competing for (and, if the award is made to us, in executing the above
contract); we will strictly observe the laws against fraud and corruption in force in India
namely Prevention of Corruption Act 1988.
We agree that Union Bank of India is not bound to award the contract to the L1 bidder
emerging from the reverse auction process.
We undertake that as on date of submission of tender, we have not been barred / blacklisted
by the Central Government / any of the State Governments in India or any Financial
Institution in India or any Public Sector Undertaking (PSU).
We also undertake that, 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 the Bank.

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Dated this ....... day of ............................ 2016


Place:
(Signature with date and seal)
(In the capacity of)
Duly authorised to sign the Bid with seal for and on behalf of (Name and address of the
Bidder)

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Annexure 7 - LETTER OF AUTHORISATION TO SUBMIT THE BID


Ref No:

Date:

To:
The Dy. General Manager
Union Bank of India,
Department of Information Technology,
5th Floor, Technology Centre, Adi Shankaracharya Marg,
Opp: Powai Lake, Powai, Mumbai 400072.
Sub: Letter of Authorisation to submit Bid for Implementation of Bharat Bill Payment
System (BBPS) solution under outsourced model.
Dear Sir,
We M/s................................... (Name and address of the Principal) hereby
authorize M/s. ........................ (Name and Address), our Business Partner/
Authorised Distributors to submit a proposal, and sign the proposal on behalf of us for
all the systems/ services required by the Bank, as called for vide the Bank's request
for proposal bearing reference RFP for Implementation of Bharat Bill Payment System
(BBPS) solution under outsourced model.
We hereby undertake to bind ourselves with the Bank if the proposal submitted as
above is duly accepted by the Bank.
Yours faithfully,

Name:
Designation:
(Name and Address of the Bidder on whose behalf the proposal is submitted)
Note: This letter of authority should be on the letter head of the Bidder, on whose behalf the
proposal is submitted and should be signed by a person competent and having the Power of
Attorney to bind the Bidder. It should be included by the Bidder in its proposal.

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Annexure 8 - BID SECURITY


Date:
To,
Department of Information Technology,
Union Bank of India,
1/1A , Adi Sankaracharya Marg,
Opp, Powai Lake, Powai.
Andheri East , Mumbai - 400072
Dear Sirs,
In response to your invitation to respond to RFP for implementing the Bharat Bill
Payment System (BBPS) Solution under outsource model. M/s __________________
having their registered office at _____________ (hereinafter called the Bidder) wish
to respond to the said Request for Proposal (RFP) and submit the proposal for the
same. Whereas the Bidder has submitted the proposal in response to RFP, we, the
____________ Bank having our head office ________________ hereby irrevocably
guarantee an amount of Rs. ./ (Rupees only) as Bid security as required to
be submitted by the Consultant as a condition for participation in the said process of
RFP.
The Bid security for which this guarantee is given is liable to be enforced/ invoked:
1) If the Bidder withdraws his proposal during the period of the proposal validity; or
2) If the Bidder, having been notified of the acceptance of its proposal by the Bank
during the period of the validity of the proposal fails or refuses to enter into the
contract in accordance with the terms and conditions of the RFP or the terms and
conditions mutually agreed subsequently.
3) If the Bidder, if selected for awarding the Contract, fails to renew this Bank
Guarantee as decided by Union Bank of India. We undertake to pay immediately on
demand to Union Bank of India, the said amount of Rs. .. (Rupees .. only)
without any reservation, protest, demur, or recourse. The said guarantee is liable to
be invoked/ enforced on the happening of the contingencies as mentioned above and
also in the RFP document and we shall pay the amount on any demand made by Union
Bank of India which shall be conclusive and binding on us irrespective of any dispute
or difference raised by the Bidder. Notwithstanding anything contained herein:
1) Our liability under this Bank guarantee shall not exceed Rs. ./ (Rupees
only).
2) This Bank guarantee will be valid up to 180 days and
3) We are liable to pay the guaranteed amount or any part thereof under this Bank
guarantee only upon service of a written claim or demand by you on or before
________________.
In witness whereof the Bank, through the authorized officer has sets its hand and
stamp on this _______________ day of __________________ at
_________________.
Signature
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Name
(In Block letters)
Designation
(Staff Code No.)..
Official address:
(Banks Common Seal)
Attorney as per power of Attorney No.
Date:
WITNESS:
1 (Signature with Name, Designation & Address)
2 (Signature with Name, Designation & Address)

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Annexure 9 - PERFORMANCE BANK GUARANTEE

(Covering Delivery obligations)


NOTE:
1. This guarantee should be furnished by a Nationalized Bank / Scheduled Bank,
other than Union Bank of India, as per the following format.
2. This bank guarantee should be furnished on stamp paper value as per Stamp
Act. (not less than Rs. 500/-).
3. The stamp paper should be purchased either in the Name of the Bank executing
the Guarantee or in the name of Union Bank of India.
4. This Bank Guarantee should be furnished within 30 days from the date of
purchase order or the delivery period prescribed in the purchase order
whichever is earlier.
5. This Bank Guarantee should be directly sent to the Purchaser by the Issuing
Bank under RPAD.
To
Union Bank of India,
5th floor, Technology Centre, Union Bank of India,
Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai400072.
Dear Sir,
In consideration of Union Bank of India, 5th floor, Technology Centre, Adi
Shankaracharya Marg, Opp. Powai Lake, Powai, Andheri (East), Mumbai400072,
placing an order for Implementation of Bharat Bill Payment System (BBPS) Solution on
outsourcing model( on __________________ having registered office at
_____________________ (hereinafter called the vendor) as per the purchase contract
entered into by the vendor vide purchase contract no ____________ dated
__________ (hereinafter called the said contract), we ________________(Name of the
Guarantor Bank), a 'schedule bank', issuing this guarantee through its branch at
__________
presently
located
at
__________________________________________________________
(hereinafter
called the bank), do hereby irrevocably and unconditionally guarantee the due
performance of the vendor as to the Implementation of Bharat Bill Payment System
(BBPS) Solution under outsourcing model as per the said contract entered into by the
vendor with you.
If the said vendor fails to implement or maintain the system or any part thereof as
per the contract and on or before the schedule dates mentioned therein, we
_____________ (Name of the Guarantor Bank), do hereby unconditionally and
irrevocably agree to pay the amounts due and payable under this guarantee without
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any demur and merely on demand in writing from you during the currency stating that
the amount claimed is due by way of failure on the part of the vendor or loss or
damage caused to or suffered / or would be caused to or suffered by you by reason of
any breach by the said vendor of any of the terms and conditions of the said contract,
in part or in full. Any such demand made on us shall be conclusive as regards the
amount due and payable under this guarantee. However our liability under this
guarantee shall be restricted to an amount not exceeding Rs.1,00,000/- (Rupees One
Lac Only) within the validity period of this guarantee.
We ______________( Name of the Guarantor Bank), further agree that this guarantee
shall continue to be valid will you unless you certify that the vendor has fully
performed all the terms and conditions of the said contract and accordingly discharge
this guarantee, or until ______________ , whichever is earlier. Unless a claim or
demand is made on us in writing under this guarantee on or before ______________,
we shall be discharged from all our obligations under this guarantee. If you extend
the schedule dates of performance under the said contract, as per the terms of the
said contract, the vendor shall get the validity period of this guarantee extended
suitably and we agree to extend the guarantee accordingly at the request of the
vendor and at our discretion, provided such request is served on the bank on or
before ______________.
Failure on part of the vendor in this respect shall be treated as a breach committed
by the vendor and accordingly the amount under this guarantee shall at once become
payable on the date of receipt of demand made by you for payment during the
validity of this guarantee or extension of the validity period.
You will have fullest liberty without affecting this guarantee to postpone for any time
or from time to time any of your rights or powers against the vendor and either to
enforce or forebear to enforce any or all of the terms and conditions of the said
contract. 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 vendor 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 thing 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.
In order to give full effect to the guarantee herein contained you shall be entitled to
act as if we are your principal debtors in respect of all your claims against the vendor
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 the above or
any other provision of this guarantee.
The words the vendor, the beneficiary of this guarantees i.e. Yourself, and ourselves
i.e. __________________( Name of the Guarantor Bank), unless repugnant to the
context or otherwise shall include their assigns, successors, agents, legal
representatives. This guarantee shall not be effected by any change in the
constitution of any of these parties and will ensure for and be available to and
enforceable by any absorbing or amalgamating or reconstituted company or concern,
in the event of your undergoing any such absorption, amalgamation or reconstitution.
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This guarantee shall not be revocable during its currency except with your prior
consent in writing. This guarantee is non-assignable and non-transferrable.
Notwithstanding anything contained herein above:
I)
Our liability under this bank guarantee shall not exceed Rs. 1,00,000/- (Rupees
One Lac only)
II)
This bank guarantee shall be valid upto _____________.
III)
We are liable to pay the guaranteed amount or any part thereof under this
bank guarantee only if you serve upon us a written claim or demand (and which
should be received by us), on or before ____________ before 12:00 hours (Indian
standard time) where after it ceases to be in effect in all respects whether or not the
original bank guarantee is returned to us.
This guarantee deed must be returned to us upon expiration of the period of
guarantee.
Signature
Name
(In Block letters)
Designation
(Staff Code No.)..
Official address:
(Banks Common Seal)
Attorney as per power of Attorney No.
Date:
WITNESS:
1 (Signature with Name, Designation & Address)
2 (Signature with Name, Designation & Address)

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Annexure 10 - NON DISCLOSURE AGREEMENT


AGREEMENT, made effective this day of, <ddmmyyyy> between Union Bank of India and ____
_______________ (Hereinafter "THE VENDOR"). With respect to CONFIDENTIAL INFORMATION
furnished by the parties to each other, the parties agree as follows:
1. That Confidential Information is received by each party for purposes of
implementation of Bharat Bill Payment System (BBPS) solution for Union Bank of India
& carrying on its activities. Confidential Information is defined as meaning information
of Union Bank of India or the VENDOR identified as or relating to its activities, data
made available or accessible, data generated during operations, business strategies,
business arrangements, computer and network operations, functions and systems
architecture which may be disclosed in oral, written, graphic, machine-recognizable,
and/ or sample form, inclusive but not limited to any statistical data, MIS reports,
client confidential information of Union Bank of India, any information relating to
Banks Products, Services and transactions which may be exchanged between the
parties and also information which is clearly designated, labelled, or marked as
confidential and/ or proprietary or its equivalent. In the event of confidential
information shared orally, the disclosing party will confirm, in writing within thirty
(30) days after such oral disclosure. Each party shall limit dissemination of
Confidential Information to only those people or employees of the Bidder,
demonstrating and requiring a need to know.
2. That up to a period of 3 years after the date of termination of this Agreement, each
party shall
a) restrict dissemination of Confidential Information to only those employees who
must be directly involved in evaluation of the Confidential Information
b) use the same degree of care as for its own information of like importance and take
reasonable care, in safeguarding against disclosure of Confidential Information.
3. That each party shall not copy, transmit or otherwise communicate the CONFIDENTIAL
INFORMATION, in any form to anyone not having a need to know, without the prior
written approval of the other party.
4. At the disclosing party's request or upon termination of the Contract for
implementation of Bharat Bill Payment System (BBPS) solution [or if the proposed
transaction is not consummated], the receiving party will within 30 days of receipt of
such notification:
a) return to the disclosing party all copies of the Confidential Information in its
possession [or in the possession of its representatives/ agents/ employees],
[whether in written form, electronically stored or otherwise] provided by the
disclosing party;
b) destroy all copies of those portions of any documents containing any Confidential
Information, and
c) if so requested by the disclosing party, deliver to the disclosing party a certificate
executed by one of its duly authorized officers confirming compliance with the
return or destruction obligation.
5. The Bidder shall maintain full confidentiality of the data obtained while answering
queries/ complaints of Union Bank of Indias customers. Under no circumstances the
Bidder shall divulge/ reveal/ share such data with any third party without the prior
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written permission. Bidder shall execute appropriate confidentiality agreements with


their employees to maintain confidentiality of such data. Such data collected, if any
shall be the property of Union Bank of India and shall be handed over to Union Bank of
India on expiry of the contract or when asked for during the currency of the contract.
The facility should have appropriate electronic access control systems to ensure only
authorized personnel have access.
6. That nothing contained in this Agreement shall be construed as granting or conferring
any rights by license or otherwise, expressly or implied, or otherwise for any patents,
copyrights, trademarks, know-how or other proprietary rights of either party acquired
prior to or after the date of this Agreement.
7. That during the term of this Agreement and notwithstanding the other provisions of
this Agreement, nothing received by Bidder shall be construed as CONFIDENTIAL
INFORMATION which is now available to the public or is disclosed pursuant to the
lawful requirement of a Government Agency disclosure is permitted by operation of
law, provided that the Bidder before making the disclosure has given prior notice to
Union Bank of India and has made a reasonable attempt to obtain a protective order
limiting disclosure and use of the information so disclosed.
8. A waiver of any provision or breach of this Agreement must be in writing and signed by
an authorized official of the Party executing the same. No such waiver shall be
construed to affect or imply a subsequent waiver of the same provision or subsequent
breach of this Agreement.
9. This Agreement shall be governed by and construed in accordance with the laws of
India.
10. It is understood that this Agreement does not obligate either of the Parties to enter
into further or continued discussions and assumes no commitment, financial or
otherwise.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives and to become effective as of the date first written above.
AGREED: Union Bank of India

By: ________________________
(Authorized Signature)
Title:________________________
Date:________________________

By_:_______________________ (Authorized Signature)


Title:_______________________
Date: ______________________

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Annexure 11: INDICATIVE COMMERCIAL BID: TOTAL COST OF OWNERSHIP


CALCULATION UNDER OUTSOURCED MODEL
Table 1:

Sr No

Particulars

(A)

Per transaction cost in Rs.


(Exclusive of taxes)
(Q)

(B)

Cost of Transaction
Financial Transaction
Non-Financial Transaction
Total:

** Financial Transaction means only successful transactions for both onus/off-us


** Non-financial transactions are bill fetch for both onus/off-us
Table 2:
Sr. No. Particulars
(A)
1

(B)

Total cost in Indian Rupees for person day


(Exclusive of taxes)
[R] = (Rate per person day)

Cost of new customizations which


are not part of the RFP
Total

Table 3:
TCO

[Q] + [R] (in Rs.)

Note:
Bidders to strictly quote in the format and for periods as mentioned above.
No counter condition/assumption in response to commercial bid will be accepted. Bank
reserves the right to reject such bid
The price quoted by the bidder should be inclusive of the cost of customization for the
features which are stated as Customization required by the bidder.
No of transactions per month is for calculation purpose only and not to be considered
as a guaranteed volume.
Bank shall reimburse the rate per transactions X actual number of transactions happen
during the month.
The person day rate is considered for calculation of the TCO
The efforts being put in for customization should be justified by the vendor through the
FPA (functional point analysis) method and approved by Banks internal effort
estimation committee.

Date:
Place:

AUTHORISED SIGNATORY
Name:
Designation:
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Annexure 12: MANUFACTURERS AUTHORIZATION FORM (MAF)

(To be filled for hardware(s) /system software/any other suits, whatsoever


applicable separately)
No.
Dated
TO
The Dy. General Manager
Union Bank of India,
Department of Information Technology,
5th Floor, Technology Centre, Adi Shankaracharya Marg,
Opposite to Powai Lake, Powai, Mumbai 400072.
Dear Sir / Madam,
Tender Reference No
We __________ who are established and reputed manufacturer __________ having
organization at ____________ and __________ do hereby authorize M/s
______________________ (Name and address of Partner /Agent/Dealer) to offer
their quotation, negotiate and conclude the contract with you against the above
tender.
We hereby extend our full guarantee and warranty as per terms and conditions of
the tender and the contract for the supply, installation, commissioning,
services and support offered against this tender by the above firm.

Yours faithfully, (Name)

For and on behalf of


M/s

(Name of manufacturer/Developer)
Note: This letter of authority should be on the letterhead of the manufacturer(s)
and should be signed by a competent person representing the manufacturer

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Annexure 13: TECHNICAL SCOPE & EVALUATION


All the requirements mentioned below are mandatory and are part of RFP to be
implemented

BHARAT BILL PAYMENT SYSTEM (BPPS) Technical evaluation

Bidder
Response
(YES/NO)

TECHNICAL SCOPE
SR NO

SPECIFICATION

1. INTERFACING

1.1 BBPOU Interfacing required with BBPCU (NPCI)


1.2 BBPOU Interfacing required with Agent/Agent Institution
ON-US
OFF-US
1.3 BBPOU Interfacing required with Biller/SubBillers
ON-US
OFF-US
BBPOU Interfacing required with customers (personal/corporate) for
1.4 registration
1.5 BBPOU Interfacing required Sponsor Bank (applicable for OFF-US transaction)
2. MODE OF PAYMENTS SUPPORTED

2.1 Cash
2.2 Debit cards/Credit cards
2.3 Online/Net-banking
2.4 IMPS
2.5 Mobile Banking
2.6 Prepaid Instruments (Wallets and Cards)
2.7 UPI
2.8 CBS Interface for Cash / Transfer

3 TRANSACTION TYPE SUPPORTED


3.1

Integration for ON-US transactions

3.2

Integration for OFF-US transactions

4 TYPE OF BILLER INTEGRATION


4.1

Online Biller (Bill Fetch and Payment Message)

4.2
4.3

Offline Billers (A) (Bill Fetch and Payment Message)


Offline Billers (B) (Bill Fetch and Payment Message)

5 SETTLEMENT PROCESS
5.1

ON-US

5.2

OFF-US

6 REFUND/REVERSAL PROCESS
6.1
6.2

Complete refund and reversal process to be managed by the selected


Bidder.
End to End Reconciliations to be managed by the selected bidder
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Refund and reversal files along with MIS report as per Bank's specification
to be provided
6.3
6.4

Reconciliation of commission to be managed by the Bidder

7 INFORMATION SECURITY REQUIREMENTS


7.1

Security features implementation

7.2

Compliance Requirements

7.3

PCI/DSS & PA/DSS Compliance

8 FRAUD RISK MANAGEMENT


8.1
SMS/Email alerts at bidder's own cost
8.2

OTP validation

8.3

Internal and external audit

9 MIS/Reporting System
25 Reports will be part of the scope for which the formats shall be
conveyed by the Bank as and when required.
9.1
10 DISPUTE MANAGEMENT SYSTEM
10.1

Software solution and related MIS reports

11 TRAINING
Trainer's training programme on the solution in various Batches at
Mumbai for total of 24 classroom Hrs.
11.1
12 OTHER GENERAL POINTS

12.1

12.2

Bank requires a robust enterprise wide solution for Bharat Bill Payment
System (BBPS) to facilitate Bill payment activity through its Branches and
Online through its website.
The offered solution should be implemented at bidders Data Centre
and Disaster Recovery Centre and should have a separate test set up.

The offered solution should be adhering to NPCI technical and functional


specifications (Annexure-2 &3) and procedural guidelines.
12.3

12.4

12.5

12.6

Offered solution should be capable of adopting any future regulatory


requirement and any new additional functionalities.
Offered Bharat Bill Payment (BBPS) solution should be capable of working
under cluster with high availability network load balancing.
Offered Bharat Bill Payment (BBPS) solution should be capable of processing
150 TPS

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Offered Bharat Bill Payment (BBPS) solution should also facilitate online DC
- DR replication and retrieval capability in a seamless manner.
12.7

12.8

12.9

12.10

12.11

12.12

The solution should be capable of backing up the data for disaster recovery
and storing it for regulatory compliance. In case of any need the Data
should be made available to Bank.

The offered solution should seamlessly integrate with the Banks


Alternate Delivery channels i.e. ATM, Internet Banking, Mobile Banking, SMS
and Banks CBS, USSD/NUUP, Financial Inclusion gateway, Multi-Function
Kiosks,
Remittance agencies.
The solution should provide the Admin interface for adding / deleting /
maintaining Merchants, agents, sub agents etc. The admin should also
provide dashboard and performance monitoring statistics. The facility to
download reports should be made available in .txt, .pdf, .csv, .xls formats
or any other format.
The solution should provide for a customer facing website accessible from
Branches and through Internet hosted for Bill payments. The website should
be multilingual with 11 regional languages + Hindi and English. The website
would be initially launched in Hindi and English and remaining regional
languages would be enabled phase wise within 1 year of the launch.
The website should be PCI/DSS & PA/DSS Complied for payment collection
through cards. The SSL certificate with EV (in Bank's Name), URL and public
IP shall be procured from reputed vendors and deployed by the selected
Bidder at no additional cost to Bank.
The offered solution should have direct interface with Banks CBS without
any cost to
Bank.
Successful bidder should implement any new products offered by NPCI
during the contract period and other regulatory requirements.

12.13

12.14

Offered solution to directly interface with NPCI host, CBS, Mobile Banking,
Internet Banking, Bank Base24 ATM Switch, Kiosks, USSD/NUUP, and FI
gateway without any middleware.
Appropriate network connectivity with adequate bandwidth between Bank
DC- Bidder DC and Bank DR Bidder DC and cross connection is integral part
of scope of this RFP without any additional cost to Bank.

12.15

12.16
12.17

All required networking equipment at DC & DR are to be provided by the


successful bidder without any additional cost to Bank.
Dedicated Infrastructure, instance of UPI Application and Database and all
relevant deliverables should be provided to Bank.

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12.18

Successful bidder has to provide access of their UAT region to test all the
deliverables. Bidder has to ensure availability of network connectivity and
all dependent entities in place to carry out testing without any additional
cost to Bank.

12.19

One dedicated resource is required in day shift to monitor, assist in testing


and all related activities.

12.20

DR drill, scheduled and un-scheduled, will be carried out by the dedicated


resource at bidders DC and all coordination related to smooth switching to
be ensured.

12.21

POC readiness should be arranged in bidders own setup and the bidder has
to bear all the cost required for such setup. The demonstration to Bank will
be arranged through either online or offline site visit as per the requirement
of Bank. No separate cost will be given for POC. However, Banks decision is
final in selecting the appropriate model after successful POC.

Note:

Scope of work also includes components, materials, accessories required to


render the system being offered in all respects even though every individual
item may not have been specifically mentioned in the RFP.

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Annexure 14 COVERING LETTER


(To be submitted by all bidders on their letter head)
To:
The Dy. General Manager
Union Bank of India,
5th floor, Department of Information Technology,
Technology Center,
Adi Shankaracharya Marg, (JVLR),
Opp. Powai Lake, Powai, Andheri (East),
Mumbai- 400072
UNDERTAKING
1. We ______________________ (name of the company) hereby confirm that all the
resource (both on-site and off-site) deployed/to be deployed on Banks project for
________________ (Name of the RFP) have undergone KYE (Know Your Employee)
process and requisite checks have been performed prior to employment of said
employees as per our policy.
2. We further 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.
Signature of Competent Authority with company seal ________________________________
Name of Competent Authority

__________________________________

Company / Organization

__________________________________

Designation within Company / Organization

__________________________________

Date

________________

Name of Authorized Representative

__________________________________

Designation of Authorized Representative

__________________________________

Signature of Authorized Representative

__________________________________
Verified above signature

Signature of Competent Authority

Date

__________________________________

________________

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Annexure 15 - BUSINESS RULES FOR REVERSE AUCTION

RFP for Banks Implementation of Bharat Bill Payment System (BBPS) Solution under
outsourcing model
Reverse Auction through E-Procurement
The detailed procedure for Reverse Auction to be followed in the RFP for Banks
Implementation of Bharat Bill Payment System (BBPS) Solution under outsourcing
model 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 are 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.

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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
format in Annexure - 16 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 Annexure 16 Exhibit-B.
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
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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
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 PROVIDERS 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.
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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.
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.

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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 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.)
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.
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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. 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 process, 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.
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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.

DONTS 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
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.
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.

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Annexure 16 (A) - COMPLIANCE STATEMENT REVERSE AUCTION

(To be submitted by all the bidders participating in Reverse Auction)


Exhibit -A
To,
Union Bank of India
Department of Information Technology
Powai, Mumbai
DECLARATION
1. We ______________________ (name of the company) hereby confirm having
submitted our bid for participating in Banks RFP dated _________ Implementation
of Bharat Bill Payment System (BBPS) Solution under outsourcing model.
2. We also confirm having read the terms of RFP as well as the Business Rules relating
to the Reverse Auction for this RFP process.
3. 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 annexure and the Business
Rules for Reverse Auction.
4. 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.
5. We, hereby confirm that we will honour 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.
6. 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 I Reverse Auction.
7. 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 Authorised Representative: _______________________
Signature of Authorized Representative: ____________________
Verified above signature
Competent Authority Signature: ___________________________
Date: ________________

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Annexure 16 (B) - LETTER OF AUTHORITY FOR PARTICIPATION IN REVERSE AUCTION

Exhibit B
To,
Union Bank of India
Department of Information Technology
Powai, Mumbai
1. We ______________________ (name of the company) have submitted our bid for
participating in Banks RFP dated _________ for Implementation of Bharat Bill
Payment System (BBPS) Solution under outsourcing model.
2. 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.
3. As per the terms of RFP and Business rules, we nominate Mr. ______________,
designated as ______________ of our company to participate in the Reverse
Auction.
4. We accordingly authorize Bank and / or the Auction Company to issue user ID and
password to the above named official of the company.
5. Both Bank and the auction company shall contact the above named official for any
and all matters relating to the Reverse Auction.
6. We, hereby confirm that we will honour 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/ Organisation
Designation within Company / Organisation
Address of Company / Organisation
Date:
Name of Authorized Representative: _______________________
Signature of Authorized Representative: ___________________
Verified above signature
Signature of Competent Authority: ______________
Date: _________________

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Annexure 17 - FORMAT OF INTEGRITY PACT

This pre-bid contract agreement (hereinafter called the Integrity Pact) is made on
____________day of the month of _____________ 2016,
Between on one hand,
Union Bank of India, a body Corporate constituted under Banking Companies
(Acquisition and Transfer of Undertaking) Act, 1970 having its Head Office at 239
,Vidhan Bhavan Marg , Mumbai -400021 (hereinafter referred to as The Bank or the
BUYER which expression shall include its successors and assigns)
AND
M/s__________________________a company registered under Companies Act 1956
having
its
registered
Office
at
___________________________________________________
India,
(hereinafter
referred to as the BIDDER which expression shall include its successors and assigns).
Whereas the BUYER proposes to procure ________________________ and the BIDDER
is willing to offer/has offered the stores/equipment, and
Both parties undertake to avoid all forms of corruption by following a system that is
fair, transparent, and free from any influence of prejudiced dealings prior to, during,
and subsequent to the currency of the contract to be entered into with a view to:
Enabling the BUYER to obtain the said stores/equipment in a competitive price in
conformity with the defined specifications by avoiding the high cost and distortionary
impact of corruption on public procurement and
Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the BUYER will commit to
prevent corruption, in any form, by its officials, by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
1.

Commitments of the BUYER

1.1. The BUYER undertakes that no official of the BUYER, connected directly, or
indirectly to the contract, will demand, take a promise for or accept, directly,
or through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or advantage form the BIDDER, either for
themselves, or for any person, organization or third party related to the
contract in exchange for an advantage in the bidding process, bid evaluation,
contracting or implementation process related to the contract.
1.2. The BUYER will, during the pre-contract stage, treat all BIDDERS alike, and will
provide to all BIDDERS the same information and will not provide any such
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information to any particular BIDDER which could afford a particular advantage


to that particular BIDDER in comparison to other BIDDERS.
1.3. All the officials of the BUYER will report to the appropriate Government office
any attempt or completed breaches of the above commitments as well as any
substantial suspicion of such a breach.
1.4. In case any such preceding misconduct on the part of such officials is reported
by the BIDDER to the BUYER with full and verifiable facts and the same is
prima facie found to be correct by the BUYER, necessary disciplinary
proceedings, or any other action as deemed fit, may be initiated by the BUYER
and such a person shall be debarred from further dealings related to the
contract process. In such a case while an enquiry is being conducted by the
BUYER, the proceedings under the contract would not be stalled.
2.

Commitments of BIDDERS

The BIDDER commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of its bid or during any
pre-contract or post-contract stage in order to secure the contract or in furtherance
to secure it and in particular commit itself to the following:1.4. The BIDDER will not offer directly, or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
BUYER connected directly or indirectly with the bidding process, or to any
person, organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the
contract.
1.5. The BIDDER further undertakes that it has not given, offered or promised to
give directly or indirectly, any bribe, gift, consideration, reward, favour, any
material or immaterial benefit or other advantage, commission, fees,
brokerage or inducement to any official of the BUYER or otherwise in procuring
the contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with the Bank for
showing or forbearing to show favour or disfavour to any person in relation to
the contract or any other contract with the Bank.
1.6. BIDDERs shall disclose the name and address of agents and representatives and
Indian BIDDERS shall disclose their foreign principals or associates.
1.7. BIDDERs shall disclose the payments to be made by them to agents/brokers, or
any other intermediary, in connection with this bid/contract.
1.8. The BIDDER further confirms and declares to the BUYER that the BIDDER is the
original manufacturer/integrator/ authorized government sponsored export
entity of the defense stores and has not engaged any individual or firm or
company, whether Indian or foreign, to intercede of facilitate or in any way to
recommend to the BUYER or any of its functionaries, whether officially or
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unofficially to the award of the contract to the BIDDER, nor has any amount
been paid to any such individual, firm or company in respect of any such
intercession, facilitation or recommendation.
1.9. The BIDDER either while presenting the bid or during the pre-contract
negotiations or before signing the contract, shall disclose any payments he has
made, is committed to or intends to make to officials of the BUYER or their
family members, agents, brokers or any intermediaries in connection with the
contract and the details of services agreed upon for such payments.
1.10.
The BIDDER will not collude with other parties interested in the contract
to impair the transparency, fairness and progress of the bidding process, bid
evaluation contracting and implementation of the contract.
1.11.
The BIDDER will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
1.12.
The BIDDER shall not use improperly, for purposes of competition or
personal gain or pass on to others, any information provided by the BUYER as
part of the business relationship, regarding plans, technical proposals and
business details including information contained in any electronic data carrier.
The BIDDER also undertakes to exercise due and adequate care lest any such
information is divulged.
1.13.
The BIDDER commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.
1.14.
The BIDDER shall not instigate or cause to instigate any third person to
instigate any of the actions mentioned above.
1.15.
If the BIDDER or any employee of the BIDDER or any person acting on
behalf of the BIDDER, either directly or indirectly, is a relative of any of the
officers of the BUYER, or alternatively, if any relative of any officer of the
BUYER has financial interest/stake in the BIDDERS firm, the same shall be
disclosed by the BIDDER at the time of filing of tender. The term relative for
this purpose would be as defined in section 6 of the Companies Act, 1956.
1.16.
The BIDDER shall not lend to or borrow any money from or enter into
any monetary dealings or transactions directly or indirectly with any employee
of the BUYER
3.

PREVIOUS TRANSGRESSION

3.1. The BIDDER declares that no previous transgression occurred in the last three
years immediately before signing of this Integrity Pact with any other company
in any country in respect of any corrupt practices envisaged hereunder or with
any Public Sector Enterprise in India or any Government department in India
that could justify BIDDERs exclusion from the tender process.

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3.2. The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER
shall be disqualified from the tender process or the contract, if already
awarded, can be terminated for such reason.
4.

EARNEST MONEY (SECURITY MONEY)

4.1.

While submitting commercial bid, the BIDDER shall deposit an amount (to be
specified in the RFP) as Earnest money/Security deposit, with BUYER through
any of the following instruments:

i.)

Bank draft or Pay Order in favour of _________________________

ii.)

A confirmed guarantee by any Indian Nationalised bank, promising payment of


the guaranteed sum on demand within three working days without any demur
whatsoever and without seeking any reasons whatsoever. The demand for
payment by the BUYER shall be treated as conclusive proof of payment.

iii.)

Any other mode through any other instrument (to be specified in the RFP)

4.2

The Earnest money/Security deposit shall be valid unto a period of five years
or the complete conclusion of the contractual obligations to the complete
satisfaction of both the BIDDER and the BUYER, including warranty period,
whichever is later.

4.3

In case of the successful BIDDER a clause would also be incorporated in the


Article pertaining to Performance Bond in the Purchase Contract that the
provisions for Sanctions for Violation shall lie applicable for forfeiture of
Performance Bond in case of a decision by the BUYER to forfeit the same
without assigning any reason for imposing sanction for violation of this Pact.

4.4

No interest shall be payable by the BUYER to the BIDDER on Earnest


money/Security deposit for the period of its currency.

5.

SANCTIONS FOR VIOLATIONS

5.1

Any breach of the aforesaid provisions by the BIDDER or any one employed by it
or acting on its behalf (whether with or without the knowledge of the BIDDER)
shall entitle the BUYER to take all or any one of the following actions,
wherever required:

i)

To immediately call of the pre-contract negotiations without assigning any


reason or giving any compensation to the BIDDER. However, the proceedings
with the other BIDDER(s) would continue.

ii)

The Earnest Money Deposit, (in pre-contract stage) and/or Security Deposit
Performance Bond (after the contract is signed) shall stand forfeited, either
fully or partially, as decided by the BUYER and the BUYER shall not be required
to assign any reason therefore.

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iii)

To immediately cancel the contract, if already signed, without giving any


compensation to the BIDDER.

iv)

To recover all sums already paid by the BUYER and in case of an Indian BIDDER
with interest thereon at 2% higher than the prevailing Prime Lending rate of
State Bank of India, while in case of a BIDDER from a country other than India,
with interest thereon at 2% higher than the LIBOR.
If any outstanding payment is due to the BIDDER from the BUYER in
connection with any other contract of any other stores, such outstanding
payment could also be utilized to recover the aforesaid sum and interest.

v)

To encash the advance bank guarantee and performance bond warranty bond,
if furnished by the BIDDER, in order to recover the payments, already made by
the BUYER, along with interest.

vi)

To cancel all or any other contracts with the BIDDER. The BIDDER shall be
liable to pay compensation for any loss or damage to the BUYER resulting from
such cancellation/ rescessation and the buyer shall be entitled to deduct the
amount so payable from the money(s) due to the BIDDER.

vii) To debar the BIDDER form participating in future bidding processes of the Bank
for a minimum period of five years, which may be further extended at the
discretion of the BUYER.
viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middle
men or agent or broker with a view to securing the contract.
ix)

In cases where irrevocable Letters of Credit have been received with respect o

x)

Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit


the same without assigning any reason for imposing sanction for violation of
this Pact.

5.2

The BUYER will be entitled to take all or any of the actions mentioned at Para
5.1 (i) to (x) of this Pact also on the commission by the BIDDER or anyone
employed by it or acting on its behalf (whether with or without the knowledge
of the BIDDER), of an offense as defined in Chapter IX of the Indian Penal code
1860 or Prevention of Corruption Act 1988 or any other statute enacted for
prevention of corruption.

5.3

The decision of the BUYER to the effect that a breach of the provisions of this
act have been committed by the BIDDER shall be final and conclusive on the
BIDDER. However the BIDDER can approach the Independent Monitor(s)
appointed for the purpose of this Act.

6.

FAIL CLAUSE

6.1 The BIDDER undertakes that it has not supplied/is not supplying similar
product/system or sub-systems at a price lower than that offered in the
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present bid in respect of any other Ministry/Department of the Government of


India or PSU and if it is found at any stage that similar products/systems or
sub-systems was supplied by the BIDDER to any other Ministry/Department of
the Government of India or PSU at a lower price then that very price, with due
allowance for elapsed time, will be applicable to the present case and the
difference in the cost would be refunded to the BUYER by the BIDDER if the
contract has already been concluded.
7.

INDEPENDENT MONITORS

7.1 The BUYER has appointed Independent Monitors (hereinafter referred to as


Monitors) for this Pact in consultation with the Central Vigilance Commission
(Names and addresses of the Monitors to be given)
7.2 The task of the Monitors shall be to review independently and objectively
whether and to what extent the parties comply with the obligations under this
Pact.
7.3 The Monitors shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently.
7.4 Both the parties accept that the Monitors have the right to access all the
documents relating to the project procurement including minutes of meetings.
7.5 As soon as the Monitor notices, or has reason to believe, a violation of this
Pact, he will so inform the Authority designated by the BUYER.
7.6 The BIDDER(s) accepts that the Monitor has the right to access without
restriction all project documentation of the BUYER including that provided by
the BIDDER. The BIDDER will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his
project documentation. The same id applicable to sub-contractors. The
Monitor shall be under contractual obligation to treat the information and
documents of the BIDDER/Sub-contractor(s) with confidentiality.
7.7 The BUYER will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings
could have an impact on the contractual relations between the parties. The
parties will offer to the Monitor the option to participate in such meetings.
7.8 The Monitor will submit a report to the designated Authority of the
BUYER/Secretary in the department within 8 to 10 weeks from the date of
reference or intimation to him by the BUYER or BIDDER and, should the
occasion arise, submit proposals for correcting problematic situations.
8.

FACILITATION OF INVESTIGATION
8.1
In case of any allegation of violation of any provision of this Pact, or
payment of commission, the BUYER or its agencies shall be entitled to examine
all the documents including the books of accounts of the BIDDER and the
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BIDDER shall provide necessary information and documents in English and shall
all possible help for the purpose of such examination.
9.

LAW AND PLACE OF JURISDICTION


This Pact is subject to Indian law. The place of performance and jurisdiction is
the seat of the BUYER.

10.

OTHER
Legal Actions- The actions stipulated in this Integrity Pact are without any
prejudice to any other legal action that may follow in accordance with the
provisions of the extant law in force relating to any civil or criminal
proceedings.

11.

VALIDITY

11.1
The validity of this Integrity Pact shall be from the date of its signing
and extend up to five years or the complete execution of the contract to the
satisfaction of both the BUYER and the BIDDER/Seller, including warranty
period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact
shall expire six months from the date of the signing of the contract.
11.2
Should one or several provisions of this Pact turn out to be invalid, the
reminder of this Pact shall remain valid. In this case the parties will strive to
come to an agreement to their original intentions.
This Integrity Pact is signed on ______________________________________
By:
ON BEHALF OF THE BUYER
Name of the Official
Designation
Union Bank of India
Signature of Witness 1
Name:
Address:

ON BEHALF OF THE BIDDER


Name of the Official
Designation
M/s
Signature of Witness 2
Name:
Address:

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Annexure 18 - LETTER FOR REFUND OF EMD

LETTER FOR REFUND OF EMD


(To be submitted by the unsuccessful bidders)
Date :
General Manager,
5th floor, Technology Centre, Union Bank of India,
1/1A Adi Sankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai400072.

We ____________(Company Name) had participated in the RFP for Implementation


Bharat Bill Payment System (BBPS) Solution under outsourcing model and we are an
unsuccessful bidder.
Kindly refund the EMD / Release BG submitted for participation. Details of EMD
submitted are as follows:
Sr. No

Bidder Name

Cheque /
Number

DD Drawn on (Bank Amount(Rs)


Name

Bank details to which the money needs to be credited via NEFT are as follows
1.
2.
3.
4.
5.

Name of the Bank with Branch


Account Type
Account Title
Account Number
IFSC Code

Sign
Name of the signatory
Designation
Company Seal.

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Annexure 19 - CONFIRMATION TO RFP TERMS AND CONDITIONS


Sl. No. RFP Terms and Conditions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.

Agreed (Y/N)

Scope of Work
Eligibility Criteria
RFP Ownership
Proposal ownership
Cost of Bidding
Content of Bidding Documents
Clarification on Bidding Documents
Amendment of Bidding Documents
Language of Bid
Proposed Costs
Bid Prices
Bid Currencies
Documents Establishing Bidders Eligibility and Qualifications
Documents Establishing Eligibility of Services
Bid Security
Period of Validity of Bids
Format for Signing the Bid
Deadline for Submission of Bids
Late Bids
Terms and Conditions
Evaluation of Bids
No Price Variation
Contacting the Bank
Banks Right to Accept Any Bid and to Reject Any or All Bids
Contract Period
Schedule for Implementation
Notification of Award

Signing of Contract
Service Level Agreement
Performance Security
Delay in bidders performance
Liquidated damages
Arbitration / Resolution of Disputes
Jurisdiction
Acceptance Tests
Audit
Help Desk
Presentation and Demo (POC)

Payment Terms
Designing and Implementation Plan
Start of Services
Business Continuity Plan/ DR Site
On-site visit / Reference Site Visit
Right of Rejection
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45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.

Penalty for Non-performance during Production and


Operation
Termination for Default / Order Cancellation / Exit Clause
Dispute Resolution Mechanism
Liability on account of any System Compromise
Force Majeure
Bidder Utilisation of Know- How and Personnel for
Competitors
Limitation on Promotion
Indemnity
Patent Rights
Confidentiality
Limitation of Liability

Annexure 1: Standard Terms and Conditions

Sign:
Name of the signatory:
Designation:
Company Seal:

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