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RFP for Supply, Implementation and Maintenance of Aadhaar Data
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DISCLAIMER
The information contained in this Request for Proposal (RFP) is provided to the Bidder(s) on the terms
and conditions set out in this RFP document. The RFP document contains statements derived from
information that is believed to be true and reliable at the date obtained but does not purport to provide
all of the information that may be necessary or desirable to enable an intending contracting party to
determine whether or not to enter into a contract or arrangement with Bank in relation to the provision
of services.
The RFP document is not a recommendation, offer or invitation to enter into a contract, agreement or
any other arrangement, in respect of the services. The provision of the services is subject to observance
of selection process and appropriate documentation being agreed between the Bank and any successful
Bidder as identified by the Bank, after completion of the selection process as detailed in this document.
No contractual obligation whatsoever shall arise from the RFP process unless and until a formal contract
is signed and executed by duly authorized officers of India Post Payments Bank with the Bidder. 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 their own investigations and analysis and should check the accuracy, reliability and
completeness of the information in this RFP and where necessary obtain independent advice. India Post
Payments 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. India Post Payments Bank
may in its absolute discretion, but without being under any obligation to do so, update, amend or
supplement the information in this RFP.
All bidders must note that this being E-tender, bids received only through online on Central Public
Procurement Portal (www.eprocure.gov.in) (henceforth referred to as “CPP Portal”) shall be considered
as an offer. Any bid submitted in physical form will not be received or opened and shall be summarily
rejected.
NOTE: Submission of any bid document through offline mode will not be accepted. However, Bid
Security (EMD) signed by authorized signatory should be submitted through both online and offline
mode on or before last date & time of bid submission.
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The Bank reserves the right to reject any or all offers without assigning any reason.
Tender offers will be opened in the presence of the bidder’s representatives who choose to
attend the opening of the tender on the above-specified date, time and place.
Technical Specifications, Terms and Conditions and various formats and pro forma for submitting
the tender offer are described in the tender document.
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Note: Any bid received after scheduled date and time of the receipt of bids prescribed as mentioned
above, will not be accepted by the Bank. Bids once submitted will be treated as final and no further
correspondence will be entertained on this.
Abbreviations
The long form of some abbreviations commonly used in the document is given below:
Abbreviations Description
DR Disaster Recovery
HA High Availability
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Technology
PO Purchase Order
TB Terra Bytes
TO Technical Offer
Table of Contents
1. Introduction .................................................................................................................................. 10
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1. Introduction
India Post Payments Bank Limited (“IPPB”) is a company incorporated and registered under Companies
Act, 2013 and a payments banking company registered under section 22 (1) of the Banking Regulation
Act, 1949 duly licensed by RBI. IPPB is engaged in conducting banking and payments business providing
services to retail and corporate customers. IPPB has its Registered Office at Speed Post Center, Bhai
Veer Singh Marge, New Delhi – 110 001.
India Post Payments Bank (hereinafter called as “Bank” or “the Bank”) invites proposals from
experienced and eligible entities (hereinafter referred to as “Respondent” or “Bidder” or “Vendor”) for
Supply, Implementation and Maintenance of Aadhaar Data Vault Solution at DC & DR. The bidder shall
be OEM (Original Equipment Manufacturer) / OSD (Original Solution Developer) or authorized partner of
OSD meeting the UIDAI guidelines.
IP shall cover all phases of contract i.e. from the stage of Notice Inviting Tenders (NIT)/Request for
Proposals (RFP) till the conclusion of the contract i.e. final payment or the duration of
warrantee/guarantee. Format of IP is attached as Annexure H for strict compliance.
The following Independent External Monitors (IEMs) have been appointed by the Bank, who will review
independently and objectively, whether and to what extent parties have complied with their obligation
under the pact.
Email:-iem.ashok.vs@ippbonline.in
Email:-iem.pradeep.kj@ippbonline.in
Integrity Pact (IP) should be deposited with IT Department, date at the address mentioned in place of
opening of bids.
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3.2. Aadhaar number, being unique and verifiable in an online and cost effective way, various
organizations like Banks, Telecoms, Govt. Department, Income Tax Department, Private
Sectors, etc. use Aadhaar number for eKYC, authentication and address proof to avail and
provide various benefits/services. Aadhaar number is also used for AEPS and APBS
transaction and various subsidy schemes for direct beneficiary transfers. All these
organizations store Aadhaar number to deliver and avail services. Aadhaar Number holder
has to share the Aadhaar Number to various entities and the entities store the Aadhaar
numbers as reference key to deliver their services/benefits.
3.3. UIDAI vide circular no. 11020/205/2017-UIDAI (Auth-I) dated 25-07-2017 has circulated
guidelines and directed all banks for mandatorily storing Aadhaar number and any
connected Aadhaar data on a separate secure database/vault/system. This system will be
termed as “Aadhaar Data Vault” and will be the only place where the Aadhaar number and
any connected Aadhaar data will be stored.
3.4. At present, Aadhaar number is stored in CBS, MATM, Mobile Banking, Merchant App etc. In
view of UIDAI notification, Bank need to setup Aadhaar Vault to store Aadhaar number and
reference key in secure and encrypted manner to comply with regulatory guidelines.
Bidders are expected to examine all instructions, forms, terms, specifications, and other information in
the RFP document. Failure to furnish any information required by the RFP document or to submit a bid
not substantially responsive to the RFP document in every respect will be at the Bidder’s risk and may
result in the rejection of its bid. The procedure and terms & conditions for submission of bid are
enumerated in this RFP.
All offers of the bidders shall be unconditional and once accepted whether with or without
modifications by the Bank shall be binding between the Bank and such Bidder.
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The RFP Document can be downloaded from Bank’s Website www.ippbonline.com or from Government
portal eprocure.gov.in. The response should be uploaded online at the CPP Portal eprocure.gov.in.
5. Eligibility Criteria
Only those Bidders who fulfill the following criteria are eligible to respond to the RFP. Document/s in
support of all eligibility criteria are required to be submitted along with the Technical Bid. Offers
received from the bidders who do not fulfill any of the following eligibility criteria are liable to be
rejected.
5.1. The bidder has to submit Integrity Pact (IP) signed by authorized signatory as prescribed
format mentioned in Annexure H on plain paper in advance (not prior to issuance of RFP)
or at the time of bid submission. Bidder shall be liable for rejection in case of non-
submission of the same.
5.2. The bidder should be a registered/incorporated company in India as per Companies Act
1956/2013 and must have in existence for the last 5 years. Relevant Documents of
registration is to be submitted.
5.3. The Bidder must have minimum annual turnover of Rs. 4.00 crore each in last three
financial years (i.e. 2016-17, 2017-18 & 2018-19) from Indian operations. Audited financial
statements for FY2016-17, FY2017-18 & FY2018-19 are to be submitted. In case the
audited financials for the year 2018-19 is not available, CA Certificate should be submitted.
This must be the individual company turnover and not that of any group of companies.
5.4. Bidder should have positive operating Profit (as EBITDA i.e. Earnings Before Interest, Tax,
Depreciation & Amortization) in each of the last three financial years, (2015-16, 2016-17,
and 2017-18). In case the audited financials for the year 2018-19 is not available, CA
Certificate should be submitted.
5.5. The bidder should have implemented Aadhar Data Vault Solution with TPS of 500 and
above to any Banks / Insurance Company / Government Organizations / Financial
Institutions in India, during last three years as on date of RFP. The bidder has to submit
Purchase Order and Performance Certificate of solution.
5.6. OEM/Bidder should have implemented Aadhaar Data Vault/ in at least One PSU/
Government Organizations / BFSI in India, during last three years as on date of RFP. The
bidder has to submit Purchase Order / Performance Certificate of solution.
5.7. The Bidder should be OEM or Original Solution Developer (OSD) or their authorized
partners or Service Provider (SP) or System Integrator (SI) of OEM/OSD in India with an
authority to do customization/up-gradation during the period of contract with the Bank.
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Bidder needs to provide Manufacturer Authorization Form (MAF) from OEM stating that
bidder is authorized partner of OEM and authorized to participate in this tender and in
case the bidder is not able to perform obligations as per contract during the contract
period, contracted services will be provided by OEM within the stipulated time. Both
OEM/OSD & their authorized partner cannot participate in the RFP. In case, both OEM &
his authorized partner participates, only bid of the OEM/OSD will be considered.
5.8. The Bidder should have not been black listed at any time by the Central / State
Governments/ PSUs/PSBs. In case, in the past, the name of their Company was black listed
by any of the Govt. Authority or PSUs/PSBs, the name of the company or organization
must have been removed from the said list as on date of submission of the RFP, otherwise
it will not be considered. Self-Declaration on Company’s letter Head signed by authorized
signatory of the bidder as per the Annexure O is required to be submitted.
The participating bidders are required to submit unambiguous documentary evidences, in support of
their meeting the above eligibility criteria. The Bidder must comply with all above mentioned criteria.
Noncompliance of any of the criteria will entail rejection of the Bid summarily.
Bank reserves the right to verify /evaluate the claims made by the Bidder independently. Any decision of
the Bank in this regard shall be final, conclusive and binding upon the bidder. The Bank may accept or
reject an offer without assigning any reason what so ever.
6.1. The Bidder shall be responsible for Supply, Installation, Configuration, Integration,
customization, operationalization and Maintenance of Aadhaar Data Vault (ADV) Solution.
6.2. Provide complete solution with necessary hardware & software for implementing Aadhaar
Vault system in bank as per UIDAI guidelines. Each Aadhaar number is to be referred by an
additional key called as Reference Key. Mapping of reference key and Aadhaar number is to be
maintained in the Aadhaar Data Vault.
6.3. The Bidder is required to Supply all the required Hardware (including HSM) and Software
(OS/Application) with required licenses, install & deploy ,manage the solution at the Bank’s
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Data Center at Mumbai and at DR Site Bangalore. The Hardware and Software licenses procured
should be in the name of India Post Payments Bank.
6.4. Bidder will have to configure and maintain the Database and Software provided by the
bidder during the contract period. Bidder would have to upgrade software version,
deploy/update patches as per Bank’s requirement. None of the hardware, software etc. should
be declared EOL/EOS by OEM. Bidder has to upgrade the hardware/software etc. if declared EOL
within the same cost during the tenure of the RFP.
6.5. The Bidder is required to integrate the proposed solution with CBS, MATM, Mobile Banking,
Merchant App, CKYC, ODS/SAS and any other applications, with other service providers as and
when required without any extra cost to the Bank.
6.6. The Solution should generate a unique Reference key for each Aadhaar Number being used/
captured through various applications of the Bank. Each Aadhaar number is to be referred by
Reference key. These keys will replace Aadhaar numbers in Bank’s ecosystem and mapping of
reference key and Aadhaar number is to be maintained in the Aadhaar Data Vault. The
reference key generated for the Aadhaar number is to be used in the CBS and other applications
of the Bank. Aadhaar number stored should not be accessible to the users as only the reference
key would be used in lieu of Aadhaar number.
6.7 The bidder will coordinate with the existing vendor and other vendor or NPCI or any other
Solution Provider that Bank may take in future to make devices compatible for such
applications. The bidder has to provide support and applicable patches as and when released.
6.8. Reference keys generated should be local to Bank and should be accessible from the
Aadhaar Data vault through APIs/secured file based/any middleware.
6.9. For Reference Key generation/encryption any appropriate industry standard may be utilized
as long as it meets the requirement of the latest UIDAI circulars/Regulatory compliance of
NPCI/RBI/DFS etc. on the topic of Aadhaar Vault. The chosen Reference Key generation method
should ensure that the recovery of the original Aadhaar number must not be computationally
feasible knowing only the reference key or number of reference keys. Algorithms used to
generate Reference keys must ensure that the Aadhaar number can neither be guessed nor be
reverse engineered.
6.10. Standards /specifications published by UIDAI to be referred for algorithm and key length
such as Auth API specifications or eKYC API specifications where it states RSA 2048 for Public key
encryption and AES 256 for symmetric encryption (this is as per mentioned in UIDAI Circular
dated 25.07.2017 and the standards may change with time).
6.11. The Aadhaar Data vault should ideally maintain the mapping of Aadhaar numbers and
corresponding reference numbers. Hence any access to data vault (except for maintenance
purposes / Administration purposes) should only be to refer this mapping.
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6.12. The Aadhaar data vault solution should encompass the following events:
6.12.1. Aadhaar Data Vault shall store Aadhaar number in an encrypted format and the
encryption keys shall be stored within HSM to ensure security.
6.12.2. Each Aadhaar number shall be mapped to a unique reference key and encrypted
Aadhaar number shall be stored corresponding to the unique reference key.
6.12.3. The Reference Key generation mechanism (Tokenization) must be a secure solution and
the keys should be managed in FIPS compliant module.
6.12.4. The encryption solution is required to encrypt any other sensitive data that may contain
Aadhaar number.
6.12.5. The unique Reference key so generated shall be such that it wouldn’t be possible to re-
engineer the Aadhaar number using the key.
6.12.6. The following APIs shall be exposed by the Aadhaar Data Vault
6.12.7. Querying Reference Key, which accepts Aadhaar number as input and returns reference
key as output
6.12.8. Aadhaar Data Vault shall have functionality for first Time Migration Batch, which
migrates the existing Aadhaar details to vault in an efficient manner.
6.12.9. Aadhaar Data Vault shall have functionality for Bulk Aadhaar Query, which accepts list of
reference key as input and return its respective Aadhaar number as output.
6.12.10. Aadhaar Data Vault shall have functionality for Bulk Aadhaar Update, which updates
the status list of Aadhaar number in Aadhaar vault database.
6.12.11. Aadhaar Vault shall interface with HSM to perform encryption/decryption functions on
Aadhaar data with the mapped keys.
6.12.12. Aadhaar Vault shall have admin configuration module through which Users shall be able
to configure channel and services and channel authentication parameters.
6.12.13. Aadhaar Data Vault shall manage authentication of source to validate request
originated from proper channel.
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6.13. Apart from meeting the functional requirements as set out by UIDAI, the Aadhaar Data
Vault also ensures the following
6.13.1. Application Security –Aadhaar Vault System shall ensure security of Aadhaar data. Access
to database system that stores the encrypted Aadhaar information shall be strictly controlled
and only authorized persons shall be allowed to access it. Keys used to encrypt Aadhaar
number/data shall be stored only in the HSM to ensure tamper proof security.
6.13.2. Performance –Since Aadhaar number is basis of multiple business transactions which
happen in real time, Aadhaar Data Vault system shall respond fast enough to allow other
systems to complete real time transactions without any noticeable time lag/delay.
6.13.3. High Availability –Aadhaar Vault System shall be scalable enough to support clustered
deployment for high availability.
6.14. During implementation period, Bidder is required to generate Reference keys of all the
existing Aadhaar numbers in the Bank’s environment through the solution. Signoff of the
complete implementation will be given only after mapping of all the existing Aadhaar numbers.
The implementation shall be considered formally accepted after signing the acceptance
document jointly by Bank Team and representative from the bidder.
6.15. Hardware for the Solution must be capable enough to handle 1100 TPS and should be
scalable so as to handle transactions and cater Aadhaar numbers during the contract period of 5
years as provided below
. The hardware sizing must be done accordingly by the bidder. At no instance, during the contract
period, the solution/servers utilization should exceed 75%. In case the performance is adversely
affected or the utilization of any server or any peripheral, exceeds the threshold of 75%, more
than 3 times in a quarter, the vendor is required to upgrade the hardware, within one month
without any extra cost to the Bank.
6.16. The Vendor should maintain Uptime of 99.95% of the Solution both at DC & DR during
contract period.
6.17. Regulatory Compliance- The Bidder should comply with UIDAI and ASA/KSA guidelines
specified by UIDAI/NPCI for the proposed solution and must comply to Aadhaar Act 2016 and the
subsequent amendments. The Aadhaar Vault solution (including all Hardware, Software etc)
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should at all time be compliant with current standards / guidelines issued by Government / RBI/
IBA/IDRBT/NPCI/NABARD/UIDAI/DFS authorities and/or other statutory authorities with regard
to Aadhaar Act and Regulations, 2016. In case of any change in the guidelines (by any of the above
mentioned authorities) throughout the contract period, the bidder would have to comply with
the same. Bank will not pay the charges for minor customization (efforts required up to 10 Man
days). For major customization (efforts required more than 10 man days), Bank will pay the
charges as per customization charge discovered. Bidder has to customize/modify the solution to
meet the requirement as per RBI/IBA/IDRBT/NPCI/NABARD /UIDAI/DFS etc requirement within a
maximum period of 1 month from the date of issuance of such customization / modifications or
earlier, depending upon the level of customization/modification prescribed by the said
authorities.
6.18. The proposed Aadhaar Vault Solution must comply with UIDAI Circular
No.K11020/205/2017 (Auth I) dated 25.07.2017, Circular no.4 of 2018 dated 01.05.2018, circular
no.5 of 2018 dated 16.05.2018 and circular no.6 of 2018 dated 04.06.2018 on implementation
of Virtual ID, UID Token & limited KYC and other guidelines issued by UIDAI/other regulators
from time to time during the tenure of the RFP. Bidder must submit proper documentation
along with the technical bid to demonstrate that the implementation meets the requirement of
UIDAI circular, which could be subjected to internal audit or external audit from an independent
team or confirmation on the points of the circular by the internal technology or security team
(independent). The Solution may also be subjected to any audit by any of the regulatory
authorities also. Bidder will have to address the deficiency/deviation observed in the audits
without any extra cost to the Bank and within the timelines as stipulated by the regulatory
authorities.
6.19. The reporting and logging system of the Aadhaar Data Vault shall integrate seamlessly with
existing SIEM Solution. The Solution is also required to be integrated with Bank’s existing
Privileged Identity Management (PIM) Solution. As required by Bank the Bidder shall provide all
the required information and data for integrating with SIEM & PIM Solution. Integration with
Bank’s existing information security tools is responsibility of the Bidder.
6.20. The bidder is required to maintain the RTO of 120 minutes and zero RPO as per the Bank’s
Business Continuity Policy.
6.21. UAT – User Acceptance Test- The Bidder should setup the UAT environment for testing of
the solution before implementation of the solution in the production environment. The UAT
setup shall be used for the customization of any changes before movement in production. The
setup would be kept available at all times during the contract period. The Solution will be
deemed accepted only when all the functionalities as per the Scope are provided, commissioned
and accepted by the Bank or the Bank Appointed Consultant. The UAT shall be signed off
between the Bank and the Successful Bidder.
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6.22. Aadhaar Data Vault solution should support the features and functionalities as mentioned
in the Annexure- E, Technical Specification of the Solution. The bidder is responsible for
Primitive maintenance of proposed solution and share the report with the Bank for every
quarter. Vendor should provide all feature upgrades or version upgrades during contract period
without any cost.
6.23. Bank conducts the audit of all IT systems on yearly basis. Bidder will be responsible for
complying with all the audit observations in all respect including OS, application, database, etc
at Data Centre, Mumbai as well as DR site, Bengaluru within 15 days after receiving the report.
6.24. Bank conducts the VA/PT of all IT systems on quarterly basis. Bidder will be responsible for
complying with all the audit observations in all respect including OS, application, database, etc
at Data Centre, Mumbai as well as DR site, Bengaluru within 15 days after receiving the report.
6.25. Any observation raised by Regulators from time to time should be rectified and fixed by
the bidder within a reasonable period as mutually agreed. Bank will not pay the charges for
minor customization (efforts required up to 10 Man days). For major customization (efforts
required more than 10 man days), Bank will pay the charges as per customization charge
discovered.
6.26. Training- Vendor is required to impart mandatory training of at least One week to Bank
Nominated Officials (10 officials) twice in the first year of Contract (at a minimum gap of 6
months) and once every year from second year onwards, with complete knowledge transfer for
handling the application or regarding any new feature/update etc, at no extra cost to the Bank.
6.27. The number of resources deployed during the implementation period is as per bidder’s
discretion. The resources deployed should have requisite knowledge and experience required
for management and monitoring of the overall operations of Aadhaar Data Vault Solution.
Onsite engineer should be able to perform the maintenance activity. If onsite engineer is not
able to perform the maintenance activity, bidder need make the necessary arrangement
without any cost to Bank. Detailed scope of onsite resource is provided in clause 11
6.28. The bidder will be responsible for hardening of the OS for Aadhaar Data Vault Solution as
per the Bank’s IT security policy. During the contract period, the bidder will apply patches and
upgrade of OS, database, application, etc from time to time without any additional cost to the
Bank.
6.29. All hardware and software provided under this tender should support for IPv4 and IPv6
from day one.
6.30. The vendor will provide services for implementation / rolling-out /support / maintenance
of proposed solution (including hardware) for a minimum period of 5 years (3 years warranty + 2
years AMC) from Go Live date. Bank reserves right to cancel the contract at any time in case
system fails to meet any of the requirements as mentioned in the RFP.
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7. Disaster Recovery
The proposed system must be capable and compatible for Disaster Recovery Implementation. The
successful bidder should describe the provisions and setup required for disaster recovery. The
successful bidder should replicate the whole setup for all modules with customization in DR.
8. Support
8.1. Maintenance Support
8.1.1. The Bidder must provide uninterrupted availability of the solution and ensure that
the problem is resolved within the time schedule as prescribed in the Service Level
agreement (SLA). The support includes, inter alia, maintenance, patch
management, upgrades and troubleshooting, audit closures, DR Drills etc.
8.1.2. The bidder shall propose Support & Subscription services from the OEM with
unlimited number of support requests, remote support, access to product
updates/upgrades and 24x7 supports as per response time matrix.
8.1.3. The bidder shall propose Plan & Design/Architecture services from the OEM. The
OEM/Bidder should conduct a health-check of the deployed solution including
hardware in every quarter and submit a report indicating compliance to reference
architecture and best practices.
8.2.1. Successful bidder must appoint a Support Coordination Manager dedicated to the
Bank account only, immediately after receiving the work order/ letter of intent. The
Coordination Manager should have direct experience of successful end to end
implementation/management of the entire project. The Coordination Manager
should be directly and easily accessible to the Bank officials through convenient
communication channels like phone/e- mail.
8.2.2. Detailed Project review must be conducted during project execution at no additional
cost. These reviews are required weekly/fortnightly/monthly (frequency will be
decided by the Bank) with the project leaders/ project manager or steering
Committee level (of successful bidder and the Bank) respectively. The review will be
in order to monitor progress of the project and take necessary corrective action, if
required. The successful bidder will submit weekly reports regarding the progress of
work along with the corrective actions/ suggestions and risk management plan. Any
document submitted by the successful bidder should be properly backed up by
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quality review documents. Extension of contract for support however shall be at the
discretion of the bank.
The Bidder shall provide all services specified hereunder and in the Technical,
Operational and Functional specifications. If the Bank finds that any of the staff of
the Bidder assigned to work at onsite is not responsive then the Bidder will be
notified, the Bidder should resolve the issue to the satisfaction of the Bank. Bidders
should give detailed implementation plan.
The project should be completed within 16 weeks from date of placing of purchase
order as under:
Total 16 Weeks
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The successful Bidders Bid security will be discharged without interest upon
the Bidder signing the Contract and furnishing the performance bank
guarantee as per the format mentioned in Annexure J, Performance Bank
Guarantee.
The 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 Performance Guarantee, if any, under this
contract.
If the Performance guarantee is not submitted within the stipulated time, the
Bank reserves the right to cancel the order / contract and the earnest money
deposit taken from the successful bidder, will be forfeited.
9.6.1. All pages of the bid, shall be initialed by the person or persons signing
the bid
9.6.2. Bid form shall be signed in full & official seal affixed.
9.6.3. Any inter‐lineation, erasure or overwriting shall be valid only if they are
initialed by the person or persons signing the Bid.
9.6.4. All such initials shall be supported by a rubber stamp impression of the
Bidder’s firm.
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letter should also indicate the complete name and designation of the
designated personnel.
9.7.1. Technical bid – Part I: “Technical Bid for Supply, Implementation and
Maintenance of Aadhaar Data Vault Solution at DC & DR”.
9.7.2. Commercial bid – Part II: “Indicative Commercial Bid for Supply,
Implementation and Maintenance of Aadhaar Data Vault Solution at
DC & DR”.
9.7.3. Any bid document not conforming to any one of the above terms will
be rejected.
9.7.4. In the first stage, Integrity Pact (IP) signed by authorized signatory
submitted by bidder will be reviewed and if it is as per prescribed
format then only TECHNICAL BID will be opened and evaluated.
Bidders satisfying the technical requirements as determined by the
Bank and accepting the terms and conditions of this document shall be
short-listed for commercial evaluation. Under the second stage, the
INDICATIVE COMMERCIAL BID of only those bidders, whose technical
bids are qualified, will be opened.
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9.7.7. The indicative commercial bid will be used for finalizing the starting bid
for reverse auction. After completion of the reverse auction, selected
bidder should submit the price break-up as per the Annexure F (A).
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9.8.4.22. Signed & Sealed copy of all the pages of RFP along with
corrigendum if any, is to be submitted along with the technical bid.
9.8.5. The Bank reserves the right to resort to re-tendering without providing any
reason whatsoever. The Bank shall not incur any liability on account of such
rejection.
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9.8.6. The Bank reserves the right to disqualify the bidder/(s) if bidder/(s) have not
completed any project/previous assignment successfully in India Post
Payments Bank in stipulated time i.e. supply, installation, implementation
etc.
9.8.7. The Bank further reserves the right to reject any or all offers based on its
own evaluation of the offers received, or on the basis of stability,
capabilities, track records, reputation among users and other similar
features of a bidder.
9.8.8. The Bank reserves the right to modify any terms, conditions or
specifications of RFP before date of submission of bids. Bidder has to submit
bid documents as per the changes/modifications while submitting the bid.
Notification of amendments/corrigendum will be made available on the
Bank’s website (www.Ippbonline.com ) and will be binding on all bidders and
no separate communication will be issued. 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
a reasonable period as decided by the Bank for the submission of bids. No
post bid clarification of the bidder shall be entertained.
9.9.2. The vendors should not offer any options or any conditional offers to
the Bank while giving the price information. The offer should strictly be
in conformity with the items as specified by the Bank. No additions or
deletions to the Annexure are allowed. Any deviations may lead to
disqualification of the bid.
9.10.1. During the period of evaluation, bidders may be asked to provide more
details and explanations about information provided in the proposals.
Bidders should respond to such requests within the time frame
indicated in the letter/e-mail seeking explanation. If any part of the
technical specification offered by the bidder is different from the
specifications sought in our RFP, the bidder has to substantiate the same
in detail the reason of their quoting a different specification than what
is sought for, like higher version or non-availability of the specifications
quoted by us, invariably to process the technical offer.
9.10.3. The Bank may, at its discretion, waive any minor informality,
nonconformity, or irregularity in a bid which does not constitute a
material deviation and financial impact, provided such waiver does not
prejudice or affect the relative ranking of any bidder. Wherever
necessary, observations on such “minor” issues (as mentioned above)
Bank may be conveyed to the bidder, asking them to respond by a
specified date also mentioning therein that, if the bidder does not
respond by the specified date, their bid will be liable to be rejected.
On the basis of technical evaluation, the Bank shall take a decision for short
listing of the bidders for Commercial Evaluation. If the technical evaluation is
not found to be satisfactory, further evaluation will not be done. No separate
information will be sent to the disqualified bidders. Any decision of the BANK
in this regard shall be final, conclusive and binding on the bidder.
9.11.2. The technically qualified bidders will participate in the Reverse auction
process that will be conducted on CPP portal.
9.11.3. The lowest Indicative commercial offers (total cost) may be taken as the
starting bid of the Reverse Auction and not for deciding the L-1 status.
Bidders should note that the indicative commercial bid is considered for
the purpose of conducting Reverse auction process only. The L-1 bidder
will be decided only later, on finalization of prices through Reverse
auction.
9.11.4. The L-1 bidder emerging at the end of the Reverse Auction process shall
be required to submit the break-up of Final price (last bid price) again as
per Annexure-L Guidelines. Failure or refusal to offer the services/goods
at the price committed through Reverse Auction shall result in forfeit of
the EMD to Bank, which please be noted.
9.11.5. The final decision on the bidder will be taken by India Post Payments
Bank. IPPB reserves the right to reject any or all proposals. Similarly, it
reserves the right not to include any bidder in the final short-list.
9.11.6. The Bank shall follow all the guidelines/notifications for public
procurement.
9.13.3. The terms and conditions as specified in the RFP and corrigendum (if any)
thereafter are final and binding on the bidders. In the event the bidder is
not willing to accept the terms and conditions of the Bank, the bidder may
be disqualified. Any additional or different terms and conditions
proposed by the bidder would be rejected unless expressly agreed to in
writing to the Bank and accepted by the Bank in writing.
9.13.4. The successful bidder must strictly adhere to the delivery dates or lead
times identified in their proposal. Failure to meet these delivery dates,
unless it is due to reasons entirely attributable to the Bank, may
constitute a material breach of the successful bidder’s performance and
to recover liquidated damages /forfeit the bid security. In the event that
the Bank is forced to cancel an awarded contract (relative to this tender
document) due to the successful bidder’s inability tomeet the established
delivery dates or any other reasons attributing to successful bidder then,
that bidder will be responsible for any re- procurement costs suffered by the
Bank. The liability in such an event could be limited to the differential excess
amount spent by the Bank for procuring similar deliverables and services.
9.13.5. The bidder shall represent and acknowledge to the Bank that it possesses
necessary experience, expertise and ability to undertake and fulfill its
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9.13.6. All terms and conditions, payments schedules, time frame for expected
service levels as per this tender will remain unchanged unless explicitly
communicated by the Bank in writing to the bidder. The Bank shall not be
responsible for any judgments made by the bidder with respect to any
aspect of the Service. The bidder shall at no point be entitled to excuse
themselves from any claims by the Bank whatsoever for their deviations
in confirming to the terms and conditions, payments schedules, expected
service levels etc. as mentioned in this tender document.
9.13.7. The Bank and the bidder covenants and represents to the other Party the
following:
9.13.7.2. It has the corporate power and authority to enter into Agreements
and perform its obligations there under. The execution, delivery and
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9.13.7.3.3. Except to the extent that the same have been duly and
properly completed or obtained, will not require any filing
with, or permit, consent or approval of or license from, or the
giving of any notice to, any court, governmental
instrumentality or other regulatory, governmental or public
body, agency or authority, joint venture party, or any other
entity or person whatsoever;
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9.13.9. The Bank would not assume any expenses incurred by the bidder in
preparation of the response to this RFP and also would not return the bid
documents to the Bidders.
9.13.10. The Bank will not bear any costs incurred by the bidder for any
discussion, presentation, demonstrations etc. on proposals or proposed
contract or for any work performed in connection therewith.
9.13.12. The Bank reserves the right to extend the dates for submission of
responses to this document.
9.13.13. Bidders shall have the opportunity to clarify doubts pertaining to the
tender document, prior to finalizing their responses. All responses to be
submitted as per Bid query format in Annexure N. Responses to inquiries
and any other corrections and amendments will be published on Bank’s
website in the form of corrigendum to tender document. The bidder, who
posed the question, will remain anonymous.
9.13.14. Preliminary Scrutiny – The Bank will scrutinize the offers to determine
whether they are complete, whether any errors have been made in the
offer, whether required technical documentation has been furnished,
whether the documents have been properly signed, and whether items
are quoted as per the schedule. The Bank may, at its discretion, waive
any minor non-conformity or any minor deficiency in an offer. This shall
be binding on all bidders and the Bank reserves the right for such
waivers and the Bank’s decision in the matter will befinal.
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9.13.15. No Commitment to Accept Lowest bid or Any Tender – The Bank shall
be under no obligation to accept the lowest price bid or any other offer
received in response to this Tender notice and shall be entitled to reject
any or all offers including those received late or incomplete offers
without assigning any reason whatsoever. The Bank reserves the right
to make any changes in the terms and conditions of purchase. The Bank
will not be obliged to meet and have discussions with any Bidder, and /
or to listen to any representations unless there is change in the terms
and conditions of purchase.
9.13.17. If the Bank is not satisfied with the technical specifications as specified
in the tender document and observes major deviations, the technical
bids of such bidders will not be short-listed for further evaluation. No
further discussions shall be entertained with such bidders in respect of
the subject technical bid.
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Authenticity and also the solution supplied. This undertaking from OSD/
OEM and the bidder is on Information security as per regulatory requirement.
9.13.20. The Bidder shall solely be responsible for all payments (including any
statutory payments) to its employees and shall ensure that at no time
shall its employees, personnel or agents hold themselves out as
employees or agents of the Bank, nor seek to be treated as employees
of the Bank for any purpose, including claims of entitlement to fringe
benefits provided by the Bank, or for any kind of income or benefits. The
Bidder alone shall file all applicable tax returns for all of its personnel
assigned hereunder in a manner consistent with its status as an
independent contractor of services; and the Bidder will make all
required payments and deposits of taxes in a timely manner.
9.13.21. The price payable to the Bidder shall be inclusive of carrying out any
modifications / changes / upgrades to the application and other
software that is required to be made in order to comply with any
statutory or regulatory requirements or any industry-wide changes
arising during the subsistence of the contract/ agreement, and the Bank
shall not pay any additional cost for the same. The Bidder needs to
provide with the details about all such items considered in the RFP.
9.15.2. TCO is for five years including one year warranty, four years ATS from
the date of go-live for software components and three years warranty,
two years AMC for hardware components.
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9.15.3. The commercial bid should be quoted in the indicative commercial bid
as per Annexure F (A) attached to this bid.
9.15.4. Bank will not pay any Labour charges for transportation, Lodging, Road
Permit, incidental services, installation & commissioning separately. All
such costs, if any, should be absorbed in the TCO.
9.15.5. The prices should be firm and not dependent on any variable factors and
expressed in Indian Rupees.
9.15.6. The Total cost should be exclusive of all applicable taxes and duties, GST
(SGST, CGST & IGST) and will be payable in actual on the date of
invoicing.
If the cost for any line item is indicated as zero/nil/blank then it will be assumed by
the Bank that the said item is provided to the Bank without any cost.
The Bidder shall be liable to pay all applicable corporate taxes and income tax that
shall be levied according to the laws and regulations applicable from time to time in
India.
Wherever the laws and regulations require deduction of such taxes at the source of
payment, Purchaser shall effect such deductions from the payment due to the Bidder.
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11.2. During the assignment substitution of resources shall not be allowed unless
such substitution becomes unavoidable to overcome the undue delay or that
such changes are critical to meet obligation. In such circumstances vendor can
do so only with the concurrence of the bank by giving sufficient intimation /
notice and by providing alternate staff of equivalent/higher competency. If
bank is not satisfied with substitution, bank reserve the right to terminate the
onsite contract and recover whatever payments made by the bank to the
vendor during the course of the assignment besides claiming an amount, equal
to onsite contract value as liquidated damages.
11.3. Bank may take additional resource/s as per frozen price through this tender
process.
11.5. Implementation team of the bidder should be well versed with the product
features and functionalities available in the product. All the available
functionalities should be properly demonstrated to the Bank’s team and
configured in such a manner so as to ensure optimal utilization of all the
available product features.
11.7. The onsite resources must have degree and with minimum 1 year experience
for L1 Support and 3 Years’ experience for L2 support on the solution/product
provided to Bank under this RFP.
11.8. Selected bidder is expected to deploy academically good, technically sound and
competent personnel to ensure smooth operations at Bank’s site. The deputed
personnel will be employed by the selected bidder on their payrolls/contracts
without having any employment right with the bank. Moreover, deployed
personnel will not have any right whatsoever to lodge claim of any nature
directly or indirectly with the bank and it would be responsibility of selected
bidder to address such issues without involving the bank. The deputed persons
have to maintain the utmost secrecy & confidentiality of the Bank’s data
including process performed at the Bank premises. At any time, if it comes to
the notice of the bank that data has been compromised/ disclosed/ misused/
misappropriated then bank would take suitable action as deemed fit and
selected vendor would be required to compensate the bank to the fullest extent
of loss incurred by the bank. Bidder is expected to adhere Bank’s request for
removal of any personnel, if bank notices any negligence/gross
misconduct/violation of trade secret/disclosure of Bank’s data to third party
and any decision of the bank in this regard would be final and binding upon the
selected vendor.
11.9. Bidder has to agree and provide undertaking not to disclose any Bank
information and will maintain confidentiality of Bank information as per policy
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of the Bank and will sign “Non Disclosure Agreement” document provided in
Annexure – M.
11.10. The Bidder also has to agree and submit an undertaking that during the
subsistence of this agreement it will not employ any personnel/individual
below the Minimum Wages fixed by appropriate Government on this behalf
from time to time, as per the provision of Minimum Wages Act 1948.
12.6. Bidder should comply with all the points mentioned in the scope of work.
Noncompliance of any point will lead to rejection of the bid.
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12.7. Non submission of RFP cost, bid security/EMD and Integrity Pact signed by
authorized signatory in physical form.
Non- attendance at the Pre-bid Meeting will not be a cause for disqualification of
a bidder.
Any modification of the RFP, which may become necessary as a result of the Pre-
bid Meeting, shall be made available by the Bank exclusively through the issue of
an Corrigendum on Bank’s website www.ippbonline.com, or government portal
www.eprocure.gov.in
16.1. The contract price for calculation of LD is TCO excluding ATS charges and on- site
support charges.
16.2. Should be able to deliver hardware and implement the software solution within
16 weeks from the date of purchase order. For late delivery the LD clause would
be applicable @1 % of the value of purchase order exclusive of ATS and onsite
support charges per week or part thereof subject to a maximum of 10%. In case
of undue delay beyond a period of 15 days after attaining the maximum penalty
of 10% during implementation, Bank may consider termination of the contract or
purchase order.
16.5. Any such recovery or liquidated damages shall not in any way relieve the
Successful bidder from any of its obligations to complete the works / service(s) or
from any other obligations and liabilities under the Contract/Agreement/
Purchase Order.
16.6. Bank reserves the right to condone the delay, if it is not attributable to the
Successful bidder.
17. Warranty
17.1. All support & services required for implementation, customization, smooth
operation and maintenance of proposed Solution, as described in RFP, will
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be the part of the project deliverables during the contract period (under
warranty or post warranty).
17.2. The warranty would be on-site and comprehensive in nature. Warranty will
start from the date of full go- live/implementation and will be valid for a
period of one year. The successful bidder shall provide maintenance and
support under warranty, without any extra cost. Warranty for software will start from
the date of final signoff (go-live) of the Bank. Bank will not pay any charges during
warranty period.
17.3. Any corruption in the software or media or any services shall be rectified
during the full period of the contract including warranty, if contracted, at no
extra cost to the Bank.
17.4. The executions of the service(s) herein is and shall be strictly in accordance
and in compliance with all Applicable Laws, as amended from time to time,
the regulatory framework governing the same and the Good Industry Practice.
It has all permissions, consents, approvals and license from all authorities,
regulatory /statutory and non-regulatory, for executing the Service(s).
17.5. The successful bidder warrants that Deliverables and the Services provided by
the successful bidder shall be as per the terms of this Agreement. The
successful bidder should guarantee that the software supplied to the Bank is
licensed and legally obtained and confirm information/cyber security.
Software must be supplied with their original and complete printed
documentation. The successful bidder shall be fully responsible for warranty
of all the system components in respect of proper design, quality, material
and workmanship of the software, accessories etc. covered by the offer.
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agreeable to the selected bidder to provide Annual Technical Support for Application
software for the next two years after expiry of the contract period on mutually agreed
terms and will be renewed on yearly basis. Bank reserves the right to extend the
contract for further period of two years at mutually agreed terms.
The successful bidder shall execute (a) a Service Level Agreement (SLA), which
would include all the services and terms and conditions of the services to be
extended as detailed herein and any other conditions as may be prescribed by the
Bank; and (b) Non-disclosure Agreement (NDA). The bidder shall execute the SLA
and NDA within one month/within the date specified by bank , from the date of
issuance of purchase order. The contract shall be executed by the authorized
signatory of the bidder. A power of attorney to that effect shall be submitted by the
successful bidders as per Annexure S.
SLA will cover performance and availability of the solution deployed. The Bidder shall bear
entirely and exclusively all costs (whether in term of time or money) associated with the
preparation and submission of its Bid and the Bank will in no case be held responsible or
liable for these costs regardless of the conduct or outcome of the bid process including
but not limited to cancellation/ abandonment/annulment of the bidding process.
19. AMC/ATS
The successful bidder must undertake to provide support for the software for
minimum post warranty period of four (4) years and AMC of Hardware for a period
of 2 years after expiry of warranty period of 3 years.
Bidder should make available the spare parts for the systems for at least two years
after the expiry of warranty period. If any of the peripherals, components etc. are not
available or difficult to procure or if the procurement is likely to be delayed, the
replacement shall be carried out with equipment of equivalent capacity or higher
capacity at no additional charges to the Bank, during the currency of warranty period
and AMC.
The ATS charges shall be released to the vendor half-yearly subject to timely
submission of applicable documents like invoice, performance availability reports etc.
AMC charges shall be released to the vendor half-yearly in arrears subject to timely
submission of applicable documents like invoice, performance availability reports etc.
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The Bank reserves the right to enter into Technical Support (ATS) with the selected
bidder for four years or more subject to renewal of every year.
The Bank reserves the right to terminate the ATS (if contracted) by giving Successful
Bidder, a prior and written notice of one month indicating its intention to terminate
the Contract, if the services rendered by the vendor(s) are not satisfactory. In that
case, the vendor(s) will refund the proportionate amount of ATS for the rest of the
period of the ATS, if any.
Not following all that is mentioned above, the Bank reserves the right to outsource
the software maintenance work to a third party or the bank may decide to perform
the same through its internal resources. Whatever the case may be (either third-
party maintenance or maintenance through internal resources), the vendor(s) shall
provide requisite maintenance training, technical know-how, and expert assistance
to the persons and/or agencies, duly authorized by the Bank for this purpose with no
extra cost to bank.
Any decision in this regard by the Bank shall be final, conclusive and binding on the
selected Bidder and shall not be questioned/ challenged by the selected Bidder.
The ATS charges per annum should be between 16 to 22% of the cost of software
components. In case the rate of ATS is not within the range of 16 to 22%, Bank
reserves the right to calculate the ATS charges at the rate of 22% of software
solution’s cost after the final cost derived through Reverse Auction.
The AMC charges per annum should be between 8 to 10% of the cost of hardware
equipment. In case the rate of AMC is not within the range of 8 to 10%, Bank reserves
the right to calculate the Maintenance charges at the rate of 10% of hardware
equipment's cost after the final cost derived through Reverse Auction.
The IT /Information Security/ Cyber Security Policy will be shared with successful
bidder. Bidders should ensure Data Security and protection of facilities/application
managed by them.
The deputed persons should aware about Bank’s IT/IS/Cyber security policy andhave
to maintain the utmost secrecy & confidentiality of the Bank’s data including process
performed at the Bank premises. At any time, if it comes to the notice of the bank
that data has been compromised/disclosed/misused/misappropriated then bank
would take suitable action as deemed fit and selected vendor would be required to
compensate the bank to the fullest extent of loss incurred by the bank.
Bidder has to agree and provide undertaking not to disclose any Bank information
and will maintain confidentiality of Bank information as per policy of the Bank and
will sign “Non-Disclosure Agreement” document provided by Bank.
All information resources (online/in-person) of the vendors and its partners shall be
made accessible to Reserve Bank of India as and when sought.
The Bank shall evaluate, assess, approve, review, control and monitor the risks and
materiality of vendor/outsourcing activities and bidder shall ensure to support
baseline system security configuration standards. The Bank shall also conduct
effective due diligence, oversight and management of third party vendors/service
providers & partners.
Vendor criticality assessment shall be conducted for all partners & vendors.
Appropriate management and assurance on security risks in outsources and partner
arrangements shall be ensured.
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Note: Bidder has to submit Performance Bank Guarantee (BG) for 15% of order value (excluding on site
support & AMC/ATS amount) valid till contract period of five years 3 months (the format of BG will be
given by the Bank) from the date of go-live. In case of non submission of BG Bank will withhold 15% of
order value till contract period of five years.
23.4. Bank will make this payment on site-by-site basis (i.e. Primary Site and DR Site)
against installation reports of each site.
23.5. AMC for hardware will be paid on half-yearly basis in arrears against
submission of invoices. ATS for software will be paid on half-yearly basis
against submission of invoices. Onsite resources charges will be paid monthly
in arrears.
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23.7. The Bidder’s request(s) for payment shall be made to Bank in writing (Invoice)
accompanied by the daily/weekly/monthly reports for which payment is
being claimed.
23.8. All the payments to the Bidder shall be subject to the report of satisfactory
accomplishment of the concerned task / performance/ delivery of the Services
to the satisfaction of Bank for this purpose.
23.10. Under no circumstances Bank shall be liable to the Successful Bidder and/or
its employees/personnel/representatives/agent etc. for direct, indirect,
incidental, consequential, special or exemplary damages arising from
termination of the Contract.
23.11. Bank shall not have any liability whatsoever in case of any third party claims,
demands, suit, actions or other proceedings against the Successful Bidder or
any other person engaged by the Successful Bidder in the course of
performance of the Service.
23.13. Successful Bidder shall permit Bank to hold or deduct the amount from
invoices, for non-performance or part performance or failure to discharge
obligations under the Contract.
23.14. It is clarified that any payments of the charges made to and received by
Successful Bidder personnel shall be considered as a full discharge of Bank’s
obligations for payment under the Agreement.
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23.15. All out of pocket expenses, travelling, boarding and lodging expenses for the
entire Term of this RFP and subsequent agreement is included in the amounts
quoted in TCO and the Bidder shall not be entitled to charge any additional
costs on account of any items or services or by way of any out of pocket
expenses, including travel, boarding and lodging.
23.16. Penalties / liquidated damages, if any, shall be deducted from the invoice
value.
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For the purposes of this Section, “Contract Value” at any given point in time,
means the aggregate value of purchase orders placed by Bank on the Vendor
under this project.
26. Confidentiality
The bidder must undertake that they shall hold in trust any Information received
by them, under the Contract/Agreement, and the strictest of confidence shall be
maintained in respect of such Information. The bidder has also to agree:
26.1. To maintain and use the Information only for the purposes of the
Contract/Agreement and only as permitted by the BANK;
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26.2. To only make copies as specifically authorized by the prior written consent
of the Bank and with the same confidential or proprietary notices as may be
printed or displayed on the original;
26.5. The Selected Bidder shall be required to sign a Non Disclosure Agreement
(NDA) with Bank as per prescribed format provided in Annexure M within
thirty days of issuing the order/letter of intent.
27. Indemnity
27.1. Bidder on submission of proposal indemnifies to protect and save the Bank
and hold the Bank harmless from and against all claims, losses, costs,
damages, expenses, action suits and other proceedings, (including reasonable
attorney fees), relating to or resulting directly or indirectly from
27.1.1. An act or omission of the Bidder, its employees, its agents, or employees
of the consortium in the performance of the services provided by this
contract,
27.1.2. Breach of any of the terms of this RFP or breach of any representation
or warranty by the Bidder,
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27.1.4.1. The Bank notifies the bidder in writing in a reasonable time frame on
being aware of such claim,
27.1.4.2. The Bidder has sole control of defense and all related settlement
negotiations,
27.1.4.3. The Bank provides the Bidder with the assistance, information and
authority as it deems fit to perform the above.
27.2. It is clarified that the bidder shall in no event enter into a settlement,
compromise or makes any statement (including failure to take appropriate
steps) that may be detrimental to the Bank’s (and/or its customers, users and
service providers) rights, interest and reputation.
27.3. Bidder shall solely be responsible for any loss of data, loss of life, etc., due to
acts of Bidder's representatives, and not just arising out of gross negligence or
misconduct, etc., as such liabilities pose significant risk.
27.4. Bidder should take full responsibility for its and its employee's actions and
there is no employer employee relationship between bank and the bidder/or
his employees/representatives. Further, since the Bank’s data could be
integrated / used under Bidder provided software, the Bidder should be
responsible for loss/compromise or damage to Bank’s data and for causing
reputation risk to bank.
27.5. The bidders should indemnify the Bank (including its employees, directors or
representatives) from and against claims, losses, liabilities, penalties, fines
and suits arising from:
27.5.2. IP infringement under any laws including Copyrights Act 1957 & IT Act
2000 and such other statutory acts and amendments thereto and
violation of Cyber Laws.
27.5.3. Negligence and misconduct of the Bidder, its employees, and agents.
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27.6. In the event that the Bank is called as a defendant for IPR infringement of
patent, trademark or industrial design rights arising from use of any of the
components of the supplied solution, the Bidder on its own expense will
undertake to defend the Bank.
27.7. It will be the Bidder's responsibility to rapidly do away with such third-party
claims. The Bidder will also pay any compensation arising from the
infringement claims and the Bank will in no manner be responsible for such
payments. In addition, the Bidder will bear all the related expenses and legal
fees.
27.8. On its part, the Bank will immediately relay to the Bidder any such claims and
offer assistance within reasonable limits to rid the claim.
27.9. The Bidder must undertake to indemnify that all the components
delivered are free of defects, are brand new and original. If at some stage it is
discovered that the components do not meet these criteria, the Bank has the
right to cancel the order and the Bidder will have to refund the total amount
received from the Bank along with the interest and separate penalties. Similar
conditions apply to software; as well the system software must be licensed
and original.
28.2. If a third party's claim endangers or disrupts the Bank’s use of theDeliverables,
the Bidder shall at no further expense, charge, fee or cost to the Bank, (i) obtain
a license so that the Bank may continue use of the Deliverables in accordance
with the terms of this RFP.
28.3. Bidder shall indemnify and keep fully and effectively indemnified the Bank
from all legal actions, claims, or damages from third parties arising out of use
of software, designs or processes used by Bidder or in respect of any other
services rendered under this RFP.
The Bank can repeat this normalization process at every stage of bid submission
till Bank is satisfied. The shortlisted bidders agree that, they have no reservation
or objection to the normalization process and all the technically shortlisted bidders
will, by responding to this RFP, agree to participate in the normalization process
and extend their co-operation to the Bank during this process. The shortlisted
bidders, by submitting the response to this RFP, agree to the process and condition
of the normalization process.
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The bidder shall be responsible for any discrepancies, errors and omissions in the
technical details submitted by him/them, irrespective of whether these have been
approved, reviewed or otherwise, accepted by the Bank or not. The Bidder shall
take all corrective measures arising out of discrepancies, errors and omissions in
drawing and other information as mentioned above within the time schedule and
without extra cost to the Bank.
efforts. The Bank will not pay the Successful bidder any additional charges for all
such customizations. The Successful bidder shall take up all such functionality as
required by the Bank on a priority basis.
The Successful bidder shall provide all solutions, testing instruments, drivers,
consumables, etc. required to install and customize and test the software free of
any fees or charges or any expenses. The Successful bidder shall document and
submit to the Bank all the testing activities, procedures and results. The Successful
bidder shall provide the Bank weekly progress report on the bugs/problems
reported/ points taken up with schedule of date of reporting, date of resolving,
and status for all kind of bugs and problems as and when reported by the Bank.
33.3. The Bank has right to Audit the Application / Source Code by suitable Security
Auditor.
33.4. The Bidder shall provide complete and legal documentation of all subsystems,
licensed operating systems, licensed system software, and licensed utility
software and other licensed software. The Bidder shall also provide licensed
software for all software products whether developed by it or acquired from
others. The Bidder shall also indemnify the Bank against any levies / penalties
on account of any default in this regard.
33.5. In case the Bidder is coming with software which is not its proprietary
software, then the Bidder must submit evidence to the satisfaction of Bank in
the form of agreement it has entered into with the software vendor which
includes support from the software vendor for the proposed software for the
full period required by the Bank.
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34.2. Types of sensitive information that will be found on Bank system’s which the
Bidder plans to support or have access to include, but are not limited to
Information subject to special statutory protection, legal actions, disciplinary
actions, complaints, IT security, pending cases, civil and criminal
investigations, etc.
34.3. The successful Bidder shall not publish or disclose in any manner, without the
Bank’s prior written consent, the details of any security safeguards designed,
developed, or implemented by the Bidder or existing at any of the Bank
location. The Bidder will have to develop procedures and implementation
plans to ensure that IT resources leaving the control of the assigned user (such
as being reassigned, removed for repair, replaced, or upgraded) are cleared of
all Bank data and sensitive application software.
35. Penalty
The Bidder shall perform its obligations under the agreement entered into with
the Bank, in a professional manner.
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.
If the Bidder fails to complete the due performance of the contract in accordance
with the specification and conditions of the offer document, the Bank reserves the
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Any financial loss to the Bank on account of fraud taking place due to Successful
Bidder, its employee or their services provider’s negligence shall be recoverable
from the Successful Bidder along with damages if any with regard to the Bank’s
reputation and goodwill.
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 the Bidder.
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Bidder should response and resolve issue within prescribed time frame based on the severity description
mentioned above and needs to strictly adhere to Server Level Agreement (SLA).
36.3. The Bank would expect the bidder to commit to the service level assurances.
The Bidder shall commit to maintain uptime of 99.95% and above per month.
36.4. The SLA will be reviewed on a monthly basis. Penalties will be applicable due
to downtime of software application and hardware.
36.5. The bidder shall guarantee 99.95% uptime. The Bidder shall be liable for
penalties for uptime maintained below 99.95% in a month. Penalties for
downtime of the application will be as per below mentioned table:
Uptime (U) per Month Penalty Charges
U >=99.95 No Penalty
99.50<=U< 99.95 0.1 % of (A+B)
99.00<=U< 99.50 0.2 % of (A+B)
98.50<=U< 99.00 0.3 % of (A+B)
98.00<=U< 98.50 0.4 % of (A+B)
And so on For every 0.5 % drop in the Uptime, Penalty
@ 0.1% of (A+B)
Max. Limit 10% of (A+B), beyond which Bank may
terminate the contract.
36.6. SLA will be monitored on Monthly basis. Penalty due to downtime, during
three years of warranty period will be deducted from any subsequent
payment to be made to the Vendor. Penalty due to downtime, during AMC
period will be deducted from AMC/ATS payment.
36.7. Downtime due to schedule activity and Bank issues will be exempted.
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36.8. If the solution or any of its components behaves erroneously which results in
monetary or business loss to the Bank, then the entire amount of such loss
shall be recovered from the bidder on actual basis.
36.9. In case of absence of the FM engineer during the contract period, there will
be a penalty of Rs 1000/- per day besides deducting prorate charges from
agreed FM charges.
38. Audit
The Bidder shall at all times whenever required furnish all information, records,
data stored in whatsoever form to internal, external, Bank appointed and
statutory/RBI inspecting auditors and extend full cooperation in carrying out of
such inspection. The Bidder will also undertake to co- operate with the RBI to carry
out its supervisory functions and objectives and will furnish all records and other
information as RBI may call for to carry our inspection and/or other functions. The
Bidder is required to facilitate the same at no additional cost and shall provide
uninterrupted access to the documents required by the auditors. Further the
Bidder has to ensure rectification of all the irregularities thus pointed out by the
auditor within a given time frame.
The Bank has right to audit the Application /Source Code by the suitable Security
Auditor.
In line of above, the selected bidder shall ensure that all regulatory, Statutory,
Local Administration requirements are adhered to subsequently while
undertaking deliverable and services over the period of contract without any
additional cost to Bank.
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To the extent that the Bank deems it necessary to carry out a program of
inspection and audit to safeguard against threats and hazards to the
confidentiality, integrity, and availability of data, the Bidder shall afford the Bank’s
representative access to the Bidder’s facilities, installations, technical resources,
operations, documentation, records, databases and personnel. The Bidder must
provide the Bank access to various monitoring and performance measurement
system (both manual and automated). The Bank has the right to get the monitoring
and performance measurement systems (both manual and automated) audited
without prior approval / notice to the bidder.
39.1. Natural phenomena, including but not limited to floods, droughts, earthquakes,
epidemics,
39.2. Acts of any Government, including but not limited to war, declared or
undeclared, priorities, quarantines, embargoes,
The Bank reserves the right to cancel the contract in the event of happening one
or more of the following conditions:
40.1. Failure of the successful bidder to accept the contract and furnish the
Performance Bank Guarantee equivalent to 15% of the project cost within 30
days from receipt of purchase contract.
The Bank will be entitled to terminate this Contract, without any cost to the Bank
and recover expenditure incurred by Bank, on the happening of any one or more
of the following:
41.1. The selected bidder commits a breach of any of the terms and conditions of the
bid.
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41.4. The progress regarding the execution of the order accepted by the selected
bidder is found to be unsatisfactory or delay in execution of the contract, the Bank
reserves the right to get the balance contract executed by the another party of its
choice by giving one month’s notice for the same. In this event, theselected 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.
41.7. An act of omission by the Bidder, its employees, its agents, or employees of
the consortium in the performance of the services provided by this contract.
41.12. In the event of sub contract or assignment contrary to the terms of agreement
and without Bank’s permission.
42. Arbitration
1. All disputes or differences arising out of or in connection with the present Agreement
including the one connected with the validity of the present Agreement or any part
thereof, should be settled by bilateral discussions.
2. Any dispute, disagreement of question arising out of or relating to the Agreement
or relating to construction or performance (except as to any matter the decision or
determination whereof is provided for by these conditions), which cannot be settled
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amicably, shall within sixty (60) days or such longer period as may be mutually agreed
upon, from the date on which either party informs the other in writing by a notice that
such dispute, disagreement or question exists, will be referred to a sole Arbitrator as
acceptable to both the parties concerned.
3. Within sixty (60) days of the receipt of the said notice, an arbitrator shall be nominated
in writing by the authority agreed upon by the parties.
4. The sole Arbitrator shall have its seat in New Delhi or such other place in India as may be
mutually agreed to between the parties.
5. The arbitration proceedings shall be conducted under the Indian Arbitration and
Conciliation Act, 1996 and the award of such Arbitration Tribunal shall be enforceable in
Indian Courts only.
6. Each party shall bear its own cost of preparing and presenting its case. The cost of
arbitration including the fees and expenses shall be shared equally by the parties, unless
otherwise awarded by the sole arbitrator.
43. Jurisdiction
Notwithstanding anything contained herein above, in case of any dispute, claim
and legal action arising out of this RFP, the parties shall be subject to the
jurisdiction of courts at New Delhi, India only.
New Delhi-110001
Bank may, at its discretion, extend this deadline for submission of bids by releasing
corrigendum to this tender document.
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To:
The AGM -IT,
India Post Payments Bank,
Corporate Office,
2nd Floor Speed Post Center,
Bhai Veer Singh Marg, Gole Market,
New Delhi- 110001
Dear Sir,
Subject: Our bid for Request for Proposal (RFP) for Supply, Implementation and
Maintenance of Aadhaar Data Vault Solution at DC & DR.
With reference to the above subject, having examined and understood the instructions,
terms and conditions forming part of it, we hereby enclose our offer for the desired
solution as detailed in your above referred RFP.
We further confirm that the offer is in conformity with the terms and conditions as
mentioned in the RFP and all required information as mentioned is enclosed.
We also confirm that the offer shall remain valid for 180 days from the date of the offer.
We hereby undertake that supporting software supplied, if required will be licensed,
legally obtained and with latest version.
We understand that the Bank is not bound to accept the RFP either in part or in full and
that the Bank has right to reject the RFP in full or in part without assigning any reasons
whatsoever.
We understand that
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a. You are not bound to accept the lowest or any bid received by you, and you may
reject all or any bid.
b. If our Bid for the above job is accepted, we undertake to enter into and execute
at our cost, when called upon by the purchaser to do so, a contract in the
prescribed form. Unless and until a formal contract is prepared and executed, this
bid together with your written acceptance thereof shall constitute a binding
contract between us.
c. If our bid is accepted, we are to be responsible for the due performance of the
contract.
d. You may accept or entrust the entire work to one Bidder or divide the work to
more than one Bidder without assigning any reason or giving any explanation
whatsoever.
e. Bidder means the bidder who is decided and declared so after examination of
commercial bids.
f. We enclose Demand Draft/Bank Guarantee for Rs./- (Rupees XXX Lac Only)
favoring India Post Payments Bank and payable at New Delhi, towards bid security,
details of the same is as under:
No. :
Date :
Name of Issuing Bank :
Dated at this _ day of 2018
We hereby declare that all the information & Statements made in this RFP are true and
accept that any misinterpretation contained in it may lead to our disqualification. We
agree to all terms & conditions of the RFP.
Yours faithfully,
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Date: For
Signature
Name
Authorized Signatories
(Name & Designation, seal of the firm)
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To:
The AGM -IT,
India Post Payments Bank,
Corporate Office,
2nd Floor Speed Post Center,
Bhai Veer Singh Marg, Gole Market,
New Delhi- 110001
Dear Sir,
Having examined the Request for Proposal (RFP) Ref No. the
receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply,
deliver, implement, customize and commission the various requirements in conformity
with the said RFP for the sum mentioned in the Price Bid or such other sums as may be
ascertained in accordance with the Schedule of Prices attached and made part of this Bid.
We undertake, if our Bid is accepted, to deliver the goods/ provide the services in
accordance with the Delivery Schedule / implementation schedule specified.
We agree to abide by this bid for a period of 180 days from the last date of submission of
Bid and shall remain binding upon us and may be accepted at any time before the
expiration of that period.
We further confirm that, 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.
Until a formal contract is prepared and executed, this bid, together with your written
acceptance thereof and your Notification of Award, shall constitute a binding Contract
between us.
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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”.
Commissions or gratuities, if any paid or to be paid by us to agents relating to this Bid,
and to contract execution if we are awarded the contract, are listed below:
Name & address of agent Amount & currency Purpose of commission or gratuity
*(If none, state none)
We understand that you are not bound to accept the lowest or any bid you may
receive.
Dated this........ Day of ............................. 2020
(Signature)
(In the capacity of)
Duly authorized to sign bid with seal for & on behalf of (Name & Address of the Bidder)
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Serial
Parameters Response
No.
1 Name of the Firm/Company
Addresses of Firm/Company
5 a) Head Office
6 b) Telephone number
c) E-mail ID.
Financial parameters
Annual Turnover Operating Profit
Business Results (last three years)
(Rs. in Crores) (EBITDA in Rs.)
2016-17
2017-18
7
2018-19
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b)Global Experience
Name of No. of Years in
Details of project executed with
Customer Use
9.
Place:
Date:
Signature:
Business Address:
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Authorized Signatory:
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Date: Signature:
Name & Designation: Business Address:
We hereby undertake and agree to abide by all the terms and conditions stipulated by
the Bank in this RFP including all addendum, corrigendum etc. (Any deviation may result
in disqualification of bids).
Signature:
Seal of company
Technical Specification
We certify that the services offered by us for tender confirms to the specifications
stipulated by you with the following deviations.
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List of deviations
1)
2)
Signature:
Seal of company
(If left blank it will be construed that there is no deviation from the specifications given
above)
1.1 The Aadhaar number and any connected data maintained on the
Aadhaar Data Vault (ADV) should be kept encrypted and access to it is
strictly controlled only for authorized systems.
1.2 The platform needs to comply with the data encryption standards and
storage policies requirements as mentioned by UIDAI.
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1.6 The platform should be compliant / support API 2.5 and above
as designed by UIDAI
2 Generation of Reference Number
2.3 The reference number generated as such should be unique for each
Aadhaar number. The chosen reference key method should ensure
that the recovery of the associated Aadhaar Number must not be
computationally feasible knowing only the reference keys or number
of reference keys. Reverse engineering of the reference key or a series
of reference keys to compute the Aadhaar number should not be
technically possible as mandated by UIDAI.
3.1 ADV should search for existence of encrypted Aadhaar Number in the
storage during every call to store Aadhaar Number in ADV. If the
encrypted value of the Aadhaar number being stored already exists in
the ADV storage, then the same associated reference number should
be returned back.
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7 The bidder should assist Bank team for implementation of the Aadhaar
Data Vault Solution in a highly restricted network zone. The storage of
Aadhaar number / data along with the referencing system should be
isolated from any untrusted zone and other internal network zones as
mandated by UIDAI.
User Management Functionality
8
8.2 This web based interface should also support Edit / Delete /
Modify user/reset password functionality. .This should be through
maker checker facility with logging.
9 Non Repudiation of Stored Data
9.1 ADV platform provided by the bidder shall support Non repudiation of
stored data in database or storage and should not permit any user to
replace the encrypted Aadhaar number / data associated with
Reference number value with another
encrypted Aadhaar number / data.
10 API’s for interfacing with ADV platform
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10.2 ADV platform provided by the bidder shall support at least Java as well
as .NET based API’s or web services for Integration. The Aadhaar Data
Vault Solution should be capable to interface with the Bank’s
applications and the Client API should be made available for accessing
Aadhaar Data Vault as a part of the
Auditing and Logging: The Aadhaar Data Vault Solution should have the
capability of detailed logging and audit tracking of all key state
changes, administrator access and policy changes. The Audit trails
should be securely stored and signed for non- repudiation. The logs
15 should be integrated with the Bank’s SIEM tool for monitoring and
alerting.
16 Aadhaar Data Vault solution should support User Access
restrictions with various access rights
17 The solution must be able to support storage of the root of trust
master Key on a FIPS 140-2, minimum Level 2 certified HSM device.
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Place:
Date:
Signature:
Business Address:
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Note: Server and storage for the Solution must be capable enough to handle 1100 TPS transactions and
should be scalable so as to handle transactions as per Bank’s projections.
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1 Hardware* NA NA NA
i Server at DC XX XX XX
ii Storage at DC XX XX XX
iii Server at DR XX XX XX
iv Storage at DR XX XX XX
V HSM at DC XX XX XX
vi HSM at DR XX XX XX
3 AMC of Hardware
per year (Between 8-
XX 2 years XX
10% of hardware
cost)
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6 Implementation and
XX 12 XX
Integration with CBS
and other applications Months
cost (man months
charge)
* Hardware should be quoted for High Availability at DC. Quantity is to be specified by the bidder
wherever left blank.
Note:
4. Bidder need to provide the detail configuration and purpose of proposed hardware.
5. Bidder need to size the hardware to handle the load mentioned in the RFP
document. In case of any performance issue due to hardware sizing during the
contract period, bidder need to upgrade the hardware without any cost to bank.
6. TCO is for five years including one year warranty, four years ATS for post warranty
and after go-live for software solution and three years warranty, 2 years AMC for
post warranty for hardware/Server.
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8. The ATS charges per annum should be between 16 to 22% of the cost of software
components and AMC charges per annum should be between 8 to 10% of the cost
of hardware components.
9. Bank will not pay any Labour charges for transportation, Road Permit, installation
of Software separately. All such costs, if any, should be absorbed in the TCO.
10. The TCO should be exclusive of GST (CGST, SGST & IGST). Applicable taxes, if any,
shall be payable by the Bank at actual on date of invoicing.
12. If the cost for any line item is indicated as zero then it will be assumed by the Bank
that the said item is provided to the Bank without any cost.
13. In case of any discrepancy in calculation, price quoted in words will be considered
for computation of TCO.
Place:
Date:
Authorized Signatory:
Business Address:
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1 Hardware* NA NA NA
I Server at DC
Ii Storage at DC
Iii Server at DR
Iv Storage at DR
V HSM at DC
Vi HSM at DR
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hardware cost)
* Hardware should be quoted for High Availability at DC. Quantity is to be specified by the bidder
wherever left blank.
Note:
6. TCO is for five years including one year warranty, four years ATS for post warranty
and after go-live for software solution and three years warranty, 2 years AMC for
post warranty for hardware/Server.
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8. The ATS charges per annum should be between 16 to 22% of the cost of software
components and AMC charges per annum should be between 8 to 10% of the cost
of hardware components.
9. Bank will not pay any Labour charges for transportation, Road Permit, installation
of Software separately. All such costs, if any, should be absorbed in the TCO.
10. The TCO should be exclusive of GST (CGST, SGST & IGST). Applicable taxes, if any,
shall be payable by the Bank at actual on date of invoicing.
12. If the cost for any line item is indicated as zero then it will be assumed by the Bank
that the said item is provided to the Bank without any cost.
13. In case of any discrepancy in calculation, price quoted in words will be considered
for computation of TCO.
Place:
Date:
Authorized Signatory:
Business Address:
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the offered solution is accepted but implementation is not started, the acceptance should be
valid as on the last date for submission of bids at India Post Payments Bank.
Particulars Response
Country of Operation
Project Details
a. Operating System
b. Application Software
c. Network Topology
d. Programming language
e. Middleware
f. Security features
g. Maintenance & support
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* Provide Information in respect of at least 1 major customer who fulfills the qualification Criteria.
References may be enclosed from the customers from the above.
Place:
Date:
Signature:
Business Address:
Sub: RFP for Supply, Implementation and Maintenance of Aadhaar Data Vault Solution
This Agreement (hereinafter called the Integrity Agreement) is made on _____ day of the month of
_____ 20___, between,
On one hand, India Post Payments Bank Limited (CIN U74999DL2016GOI304561), having its Registered
Office at Post Office, Speed Post Centre Building, Market Road, New Delhi – 110001, (hereinafter
referred to as the “Principal/Owner”, “ IPPB” or ”Buyer”, as the case may be, which expression shall
unless repugnant to the context thereof, include its successors, assigns), acting through
_____________________, ,party of the FIRST PART,
And
WHEREAS the Principal/ Owner has floated the RFP reference number _________ (hereinafter referred
to as “Tender/Bid”) and intends to award, under laid down organizational procedure, contract for
____________________ for IPPB, 2nd Floor, Speed Post Center, Bhai Veer Singh Marg, Market Road,
New Delhi – 110001 Hereinafter referred to as the “Contract”. and the VENDOR is willing to offer/has
offered the services.
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness/transparency in its relation with its
Vendor(s) and Contractor(s).
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be
entered into with a view to:-
Enabling the Principal/Owner to obtain the desired services at a competitive price in conformity with the
defined specification by avoiding the high cost and the distortionary impact of corruption on public
procurement, and
Enabling VENDORs 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 Principal/Owner will commit to prevent corruption, in any form, by its officials
by following transparent procedures.
1. The Principal/Owner commits itself to take all measures necessary to prevent corruption and to
observe the following principles:
a. No employee of the Principal/Owner, personally or through any of his/her family members, will
in connection with the Tender, or the execution of the Contract, demand, take a promise for or accept,
for self or third person, any material or immaterial benefit which the person is not legally entitled to.
b. The Principal/Owner will, during the Tender process, treat all Vendor(s) with equity and reason.
The Principal/Owner will, in particular, before and during the Tender process, provide to all Vendor(s)
the same information and will not provide to any Vendor(s) confidential / additional information
through which the Vendor(s) could obtain an advantage in relation to the Tender process or the
Contract execution.
c. The Principal/Owner shall endeavor to exclude from the Tender process any person, whose
conduct in the past has been of biased nature.
d. All the officials of the BUYER will report to the appropriate Government office any attempted or
completed breaches of the above commitments as well as any substantial suspicion of such a breach.
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In case any such preceding misconduct on the part of such official(s) is reported by the VENDOR to the
BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER,
necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings
may be initiated by the Principal/Owner 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
Principal/Owner the proceedings under the contract would not be stalled.
If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal
offence under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation
of the principles herein mentioned or if there be a substantive suspicion in this regard, the
Principal/Owner will inform the Chief Vigilance Officer and in addition can also initiate disciplinary
actions as per its internal laid down policies and procedures.
1. It is required that each Vendor/Vendor (including their respective officers, employees and
agents) adhere to the highest ethical standards, and report to the India Post Payments Bank all
suspected acts of fraud or corruption or Coercion or Collusion of which it has knowledge or becomes
aware, during the tendering process and throughout the negotiation or award of a contract.
2. The VENDOR commits itself to take all the measures necessary to prevent corrupt practices,
unfair means and illegal activities during any stage of its bid/tender process 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: -
a. The Vendor(s)/Vendor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal/Owner’s employees involved in the Tender
process or execution of the Contract or to any third person any material or other benefit
which he/she is not legally entitled to, in order to obtain in exchange any advantage of
any kind whatsoever during the Tender process or during the execution of the Contract.
b. The VENDOR will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour or any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the India Post Payments
Bank, connected directly or indirectly with the bidding process, or to any person,
organisation or third party related to the contract in exchange for any advantage in the
bidding, evaluation, contracting and implementation of the contract.
c. The VENDOR 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 India Post Payments Bank or otherwise in procuring the Contract or
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forbearing to do or having done any act in relation to the obtaining or execution of the
contract or any other contract with the Government for showing or forbearing to show
favour or disfavour to any person in relation to the contract or any other contract with
the Government.
e. The VENDOR further confirms and declares to the India Post Payments Bank that the
VENDOR has not engaged any individual or firm or company whether Indian or foreign
to intercede, facilitate or in any way to recommend to the BUYER or any of its
functionaries, whether officially or unofficially to the award of the contract to the
VENDOR, nor has any amount been paid, promised or intended to be paid to any such
individual, firm or company in respect of any such intercession, facilitation or
recommendation.
f. The VENDOR, either while presenting the bid or during 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 India Post Payments Bank or their family members,
agents, brokers or any other intermediaries in connection with the contract and the
details of services agreed upon for such payments.
g. The VENDOR 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.
h. The VENDOR will not accept any advantage in exchange for any corrupt practice, unfair
means and illegal activities.
i. The VENDOR shall not use improperly, for purposes of competition or personal gain, or
pass on to others, any information provided by the India Post Payments Bank as part of
the business relationship, regarding plans, technical proposals and business details,
including information contained in any electronic data carrier or information contained
or transmitted electronically. The VENDOR also undertakes to exercise due and
adequate care lest any such information is divulged.
j. The VENDOR commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
k. The VENDOR shall not instigate or cause to instigate any third person to commit any of
the actions mentioned above.
l. If any employee of the VENDOR or any person acting on behalf of the VENDOR who is
directly or indirectly involved in the bidding process of this RFP, is a relative of any of the
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officers of the India Post Payments Bank who is directly or indirectly involved in the
bidding process, bid evaluation for this RFP, the same shall be disclosed by the VENDOR
at the time of filing of tender. The term relative for this purpose would be as defined in
Sub-Section (77) of Section 2 of the Companies Act of 2013.
The VENDOR 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 India Post Payments Bank.
The Vendor(s) will not enter with other Vendor(s) into any undisclosed agreement or understanding,
whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non- submission of bids or any other actions to restrict competitive or to
cartelize in the bidding process.
c. The Vendor(s) will not commit any offence under the relevant IPC/PC Act.
The Vendor(s)/ of foreign origin shall disclose the names and addresses of agents/representatives in
India, if any. Similarly, Vendor(s) of Indian Nationality shall disclose names and addresses of foreign
agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign
principal directly could bid in a tender but not both. Further, in cases where an agent participates in a
tender on behalf of one manufacturer, he shall not be allowed to quote on behalf of another
manufacturer along with the first manufacturer in a subsequent/parallel tender for the same item.
The Vendor(s) will not instigate third persons to commit offences outlined above or be an accessory to
such offences.
The Vendor(s) will not, directly or through any other person or firm indulge in fraudulent practice
means a willful misrepresentation or omission of facts or submission of fake/forged documents in
order to induce public official to act in reliance thereof, with the purpose of obtaining unjust advantage
by or causing damage to justified interest of others and/or to influence the procurement process to the
detriment of the India Post Payments Bank interests.
The Vendor(s) will not, directly or through any other person or firm use Coercive Practices (means the
act of obtaining something, compelling an action or influencing a decision through intimidation, threat
or the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/
her reputation or property to influence their participation in the tendering process)
Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract
or its established policies and laid down procedures, the Principal/Owner shall have the following rights
in case of breach of this Integrity Pact by the Vendor(s)/ and the Vendor accepts and undertakes to
respect and uphold the Principal/Owner’s absolute right:
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1. If the Vendor(s)/, either before award or during execution of Contract has committed a
transgression through a violation of Article 2 above or in any other form, such as to put his reliability or
credibility in question, the Principal/Owner after giving 14 days’ notice to the Vendor shall have
powers to disqualify the Vendor(s)/ from the Tender process or terminate/determine the Contract, if
already executed or exclude the Vendor from future contract award processes. The imposition and
duration of the exclusion will be determined by the severity of transgression and determined by the
Principal/Owner. Such exclusion may be forever or for a limited period as decided by the
Principal/Owner.
2. To immediately call off the pre contract negotiations without assigning any reason or giving any
compensation to the VENDOR. However, the proceedings with the other VENDOR(s) would continue.
I. The Earnest Money Deposit (in pre-contract stage) and/or Performance Security (after
the contract is signed) shall stand forfeited either fully or partially, as decided by the
BUYER and the BUYER shall not be requiring to assign any reason therefore.
II. To immediately cancel the contract, if already signed, without giving any compensation
to the VENDOR.
III. To recover all sums already paid by the BUYER, and in case of an Indian VENDOR with
interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of
India, while in case of a VENDOR from a country other than India with interest thereon
at 2% higher than the LIBOR. If any outstanding payment is due to the VENDOR from the
BUYER in connection with any other contract for any other stores, such outstanding
payment could also be utilized to recover the aforesaid sum and interest.
IV. To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the VENDOR, in order to recover the payments, already made by the
BUYER, along with interest.
V. To cancel all or any other Contracts with the VENDOR. The VENDOR shall be liable to pay
compensation for any loss or damage to the BUYER resulting from such cancellation /
rescission and the BUYER shall be entitled to deduct the amount so payable from the
money(s) due to the VENDOR.
VI. To debar the VENDOR from participating in future bidding processes of the Government
of India for a minimum period of five years, which may be further extended at the
discretion of the BUYER.
VII. To recover all sums paid in violation of this Pact by VENDOR(s) to any middleman or
agent or broker with a view to securing the contract.
VIII. In cases where irrevocable Letters of Credit have been received in respect of any
contract signed by the BUYER with the VENDOR, the same shall not be opened.
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4.2 The BUYER will be entitled to take all or any of the actions mentioned at para 4.1 (i) to (x) of this Pact
also on the Commission by the VENDOR or any one employed by it or acting on its behalf (whether with
or without the knowledge of the VENDOR), of an offence 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.
4.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been
committed by the VENDOR shall be final and conclusive on the VENDOR. However, the VENDOR can
approach the Independent Monitor(s) appointed for the purposes of this Pact.
1. The Vendor declares that no previous transgressions occurred in the last 5 years with any other
Company in any country confirming to the anticorruption approach or with IPPB or any other
Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender process.
2. The VENDOR agrees that if it makes incorrect statement on this subject, VENDOR can be
disqualified from the tender process or the contract, if already awarded, can be terminated for
such reason.
b. The Principal/Owner will enter into Pacts on identical terms as this one with all Vendors and
Vendors.
c. The Principal/Owner will disqualify Vendors, who do not submit, the duly Signed Pact between
the Principal/Owner and the Vendor, along with the Tender or violate its provisions at any stage of the
Tender process, from the Tender process.
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This Pact begins when both the parties have legally signed it. It expires for the Vendor/Vendor 12
months after the completion of work under the contract or till the continuation of defect liability period,
whichever is more and for all other Vendors, till the Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite
the lapse of this Pacts as specified above, unless it is discharged/determined by the Competent
Authority, INDIA POST PAYMENTS BANK.
1. This Pact is subject to Indian Law, place of performance and Jurisdiction is the Headquarters of
the Division of the Principal/Owner, who has floated the Tender.
2. Changes and supplements need to be made in writing. Side agreements have not been made.
3. If the Vendor is a partnership or a consortium, this Pact must be signed by all the partners or by
one or more partner holding power of attorney signed by all partners and consortium members. In case
of a Company, the Pact must be signed by a representative duly authorized by board resolution.
4. It is agreed term and condition that any dispute or difference arising between the parties with
regard to the terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal in
accordance with this Integrity Agreement/ Pact or interpretation thereof shall not be subject to
arbitration.
_______________________
8.3 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.
8.4 The Monitors shall not be subject to instructions by the representatives of the parties and perform
their functions neutrally and independently.
8.5 Both the parties accept that the Monitors have the right to access all the documents relating to the
project/procurement, including minutes of meetings.
8.6 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.
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8.7 The VENDOR(s) accepts that the Monitor has the right to access without restriction to all Project
documentation of the BUYER including that provided by the VENDOR. The VENDOR will also grant
the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional
access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be
under contractual obligation to treat the information and documents of the VENDOR/Sub-
contractor(s) with confidentiality.
8.8 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.
8.9 The Monitor will submit a written report to the designated Authority of BUYER/Secretary in the
Department/ within 8 to 10 weeks from the date of reference or intimation to him by the
BUYER/VENDOR and, should the occasion arise, submit proposals for correcting problematic
situations.
In case of any allegation of violation of any provisions 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
VENDOR and the VENDOR shall provide necessary information and documents in English and shall
extend all possible help for the purpose of such examination.
This Pact is subject to Indian Law. The place of performance and jurisdiction is New Delhi.
The actions stipulated in this Integrity Pact are without 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.
a. The validity of this Integrity Pact shall be from date of its signing and extend up to a
period of contract and any extended period notified by BUYER.
b. The complete execution of the contract to the satisfaction of both the BUYER and the
VENDOR/Seller, including warranty period, whichever is later, in case VENDOR is
unsuccessful, this integrity Pact shall expire after six months from the date of the signing
of the contract.
c. Should one or several provisions of this Pact turn out to be invalid, the remainder of this
Pact shall remain valid. In this case, the parties will strive to come to an agreement to
their original intentions.
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All rights and remedies of the parties hereto shall be in addition to all the other legal rights and
remedies belonging to such parties under the Contract and/or law and the same shall be deemed to be
cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity, both
the Parties agree that this Integrity Pact will have precedence over the Tender/Contact documents with
regard any of the provisions covered under this Integrity Pact.
IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place and date
first above mentioned in the presence of following witnesses:
WITNESSES:
1.
2.
Place:
Dated:
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Date………………………………………...
To
India Post Payments Bank
Post Office
Speed Post Centre Building
Market Road
New Delhi – 110001
India
Dear Sirs,
1. In consideration of the India Post Payments Bank, a scheduled bank registered under
Reserve Bank of India (hereinafter referred to as the ‘Bank’ or ‘Purchaser’ which expression
shall unless repugnant to the context or meaning thereof include its successors,
administrators and assigns) having awarded to M/s…………………………………….. with its
Registered/Head office at ……………………………………………………………………….
……………………… (hereinafter referred to as the “Contractor” or “Vendor” or “Service
Provider” which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators, executors and assigns), a Contract by issue of Letter
of Intent or Purchase Order No…………….. dated ……….. and the same having been
acknowledged by the Contractor / Vendor / Service Provider, resulting in a Contract, bearing
No………….. dated…………valued at………for………… (scope of Contract) and the Contractor /
Vendor / Service Provider having agreed to provide a Contract Performance Guarantee for
the faithful performance of the entire Contract not exceeding Rs.
……………….. (in words & figures).
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guarantee without any demur, reservation, context, recourse or protest and/or without any
reference to the Contractor merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Owner by reason of breach by the said Contractor(s) of any of the terms or conditions
contained in the said Agreement or by reason of the Contractor(s)’ failure to perform the
said Agreement. Any such demand made on the Issuing Bank shall be conclusive and binding
not withstanding any difference between the Owner and the Contractor / Vendor / Service
Provider or any dispute pending before any Court, Tribunal, Arbitrator or any other
authority. We agree that the guarantee herein contained shall be irrevocable and shall
continue to be enforceable till the Owner discharges this guarantee.
3. The Bank / Purchaser shall have the fullest liberty without affecting in any way the liability
of the Bank / Purchaser under this guarantee, from time to time to extent the time for
performance of the Contract by the Contractor. The Bank / Purchaser shall have the fullest
liberty, without affecting this guarantee, to postpone from time to time the exercise of any
powers vested in them or of any right which they might have against the Contractor, and to
exercise the same at any time in any manner, and either to enforce or to forbear to enforce
any covenants, contained or implied, in the Contract between the Bank / Purchaser and the
Contractor or any other course or remedy or security available to the Bank / Purchaser. The
Issuing Bank shall not be released of its obligations under these presents by any exercise by
the Bank / Purchaser of its liberty with reference to the matters aforesaid or any of them or
by reason of any other act of omission or commission on the part of the Bank / Purchaser or
any other indulgences shown by the Owner or by any other matter or thing whatsoever
which under law would, but for this provision have the effect of relieving the Issuing Bank.
4. The Issuing Bank also agrees that the Bank / Purchaser at its option shall be entitled to
enforce this Guarantee against the Issuing Bank as a principal debtor, in the first instance
without proceeding against the Contractor / Vendor / Service Provider and notwithstanding
any security or other guarantee the Bank / Purchaser may have in relation to the
Contractor’s liabilities.
5. This guarantee will not be discharged due to the change in the constitution of the Bank or
the Contractor(s)/Service Provider(s).
6. Notwithstanding anything contained hereinabove:
(1) Our liability under this guarantee is limited to Rs. ……………. (in words & figures).
(2) This Bank Guarantee will be valid upto ………………….; and
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(3) We are liable to pay the guarantee 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 Issuing Bank, through its authorised officer, has set its hand and stamp
on this…………….day of…………..20……….at…………
WITNESS
1 2
………………….… ………………….………
(Signature) (Signature)
………………………….. …………….…………………………..
(Official Address) (Official Address)
…………………………….. ……………………………………….
(Designation with Bank Stamp) (Designation with Bank Stamp)
To
India Post Payments Bank
Post Office
Speed Post Centre Building
Market Road
New Delhi – 110001
India
Dear Sirs,
2. We, the …………………. Bank at ……………… (local address) having our Head office at
……………………….., guarantee and undertake to pay immediately on demand by India Post
Payments Bank, the amount of Rs. ……………………………………………………………………………………
…………………………………………………….. (in words & figures) without any reservation,
protest, demur and recourse. Any such demand made by the valid holder of this
Guarantee shall be conclusive and binding on us irrespective of any dispute or difference
raised by the Bidder.
3. This guarantee will not be discharged due to the change in the constitution of the issuing
Bank or the Supplier(s)/Service Provider(s).
(3) We are liable to pay the guarantee 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 its authorised officer, has set its hand and stamp
on this…………….day of…………..20……….at…………
WITNESS
1 2
………………….… ………………….………
(Signature) (Signature)
………………………….. …………….…………………………..
(Official Address) (Official Address)
…………………………….. ……………………………………….
(Designation with Bank Stamp) (Designation with Bank Stamp)
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7.4 Reverse Auction can be held in two ways as indicated in the tender
either on the Total overall cost of items / works or on Item wise/ Lot
wise.
7.5 The ‘Starting price’ i.e. Start price and bid decrement price for
Reverse Auction will be decided by the Tender Inviting Authority.
7.6 Bidders shall be able to view the following on their screen along with
the necessary fields during Online Reverse Auction:
7.6.1 Current Bid Price in the Auction.
7.6.2 Start Price.
7.6.3 Decrement value.
7.7 The bidding direction in case of Reverse Auction is downward.
7.8 In case of Reverse Auction, in order to displace a standing lowest bid
and to become “L1”, a bidder can offer a minimum bid decrement or
in multiples of decremental value up to above Max Seal %.
For ex: Current price :- Rs. 49,000
Decrement value :- Rs. 1000 System Defined (As decided
by TIA)
Maximum Seal % :- 50, in this case a bidder
can quote minimum decrement amount as Rs 49,000-1000= Rs.
48,000 and maximum decrement amount is 49000-24500-
1000=23500=24000*.
(* - Indicates rounding off the amount in this example)
This continues as an iterative process.
7.9 The system will not disclose the name of the L1 bidder, number of
bids and names of the bidders on the portal to anybody prior to the
completion of Reverse auction process.
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7.19 The last successful bid price quoted by bidder will be considered as
valid price at any point of time during Auction.
7.20 If a bidder does not submit bid in the Reverse Auction, the price
quoted by them in the price bid shall be considered as the valid price
of that bidder. The status of the bidder (L1, L2 etc) shall be evaluated
considering either the bid price submitted in Reverse Auction or the
price quoted in the price bid, whichever is lower.
7.21 In case of disruption of service at the service provider’s end while the
Reverse Auction is live due to any technical snag or otherwise
attributable to the system failure at the server end, Tender Inviting
Authority in consultation with Application Administrator may decide
to extend auction if required as per system malfunction procedure
displayed in the home page of the website. In this case, the status
quo of Auction will be maintained prior to failure and process would
continue from that point onwards.
8) Post auction procedure: The Tender Inviting Authority will proceed with
the Lowest Bid in the Reverse Auction for further processing.
9) Schedule for Reverse Auction: The Reverse Auction schedule will be
intimated later on through e-mail and SMS after opening the price bid.
10) Auction extension time: If a bidder places a bid in the last {…} minutes of
closing of the Reverse Auction and if that bid gets accepted, then the
auction’s duration shall get extended automatically for another {…}
minutes, for the entire auction from the time that bid comes in. Please note
that the auto-extension will take place only if a bid comes in those last {…}
minutes and if that bid gets accepted as the lowest bid. If the bid does not
get accepted as the lowest bid, the auto-extension will not take place even
if that bid might have come in the last {…} minutes. In case, there is no bid
in the last {…} minutes of closing of Reverse Auction, the auction shall get
closed automatically without any extension. However, bidders are advised
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not to wait till the last minute or last few seconds to enter their bid during
the auto-extension period to avoid complications related with internet
connectivity, network problems, system crash down, power failure, etc. The
above process will continue till ….…times extension is given during Reverse
Auction. All bidders, regardless of their previous position, can submit their
bid during the extension period also.
11) Bidding currency and unit of measurement: Bidding will be conducted in
Indian Rupees as indicated in the tender.
12) Validity of bids: Price shall be valid for a period of defined number of
months from the date of reverse auction. These shall not be subjected to
any change whatsoever.
13) Bidders’ bid will be taken as an offer to execute the work (or to award
supply of the item) as per enquiry no. {.................…} dt. {........…}. Bids once
made by the bidder, cannot be cancelled/ withdrawn and bidder shall be
bound to execute as mentioned above at bidder’s final bid price. Should
bidder back out and not execute the contract as per the rates quoted,
action shall be initiated as per the tender terms and conditions.
14) The Tender Inviting Authority decision on award of contract shall be final
and binding on all the Bidders.
15) The Tender Inviting Authority reserves the right to extend, reschedule or
cancel the Reverse Auction process at any time, before ordering, without
assigning any reason, with intimation to bidders.
16) The Tender Inviting Authority reserves the right to suspend or pause the
reverse auction, if required. In such cases, as per discretion of Tender
Inviting Authority, auction may be reopened.
17) The Tender Inviting Authority shall not have any liability to bidders for any
interruption or delay in access to the site irrespective of the cause. In such
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DECLARATION
1. We (name of the company) hereby confirm having submitted our
bid for participating in Bank’s RFP dated_______
for procurement of .
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 India Post Payments Bank in the RFP document including all
annexure and the Business Rules for Reverse Auction.
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Sub: RFP for supply, Implementation and Maintenance of Aadhaar Data Vault Solution.
THIS AGREEMENT is made on this the <***> day of <***> 20--- at <***>, New Delhi.
BETWEEN
India Post Payments Bank Limited (CIN U74999DL2016GOI304561), having its Registered Office
at Post Office, Speed Post Centre Building, Market Road, New Delhi – 110001, (hereinafter
referred to as the “Payment Bank” or “Bank”, which expression shall unless repugnant to the
context thereof, include its successors, assigns) party of the First part;
AND
<***>, a ………………………….. incorporated under the ………………., having its registered office at
<***> (hereinafter referred to as the “…………….”, as the case may be (which expression shall,
unless the context otherwise requires, include its permitted successors and assigns), party of the
other part.
.
Each of the parties mentioned above are collectively referred to as the ‘Parties’ and individually
as a ‘Party’.
WHEREAS:
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renderings, journals, notebooks, computer programs, computer readable video, audio or sound
files, and samples relating thereto;;
d) “Parties” means the Payment Bank and ............................ for the purposes of this
Agreement and “Party” shall be interpreted accordingly;
1.2. Interpretation
In this Agreement, unless otherwise specified:
(i) references to Clauses, Sub-Clauses, Paragraphs and Schedules are to clauses, sub-clauses,
paragraphs of and schedules to this Agreement;
(ii) use of any gender includes the other genders;
(iii) references to a ‘company’ shall be construed so as to include any company, corporation
or other body corporate, wherever and however incorporated or established;
(iv) references to a ‘person’ shall be construed so as to include any individual, firm, company,
government, state or agency of a state, local or municipal authority or government body or any
joint venture, association or partnership (whether or not having separate legal personality);
(v) a reference to any statute or statutory provision shall be construed as a reference to the
same as it may have been, or may from time to time be, amended, modified or re-enacted;
(vi) any reference to a ‘day’ (including within the phrase ‘business day’) shall mean a period
of 24 hours running from midnight to midnight;
(vii) references to a ’business day’ shall be construed as a reference to a day (other than 2 nd
and 4th Saturday, Sunday and other gazetted holidays) on which the Payment Bank is generally
open for business;
(viii) references to times are to Indian standard time;
(ix) a reference to any other document referred to in this Agreement is a reference to that
other document as amended, varied, novated or supplemented at any time; and
(x) all headings and titles are inserted for convenience only. They are to be ignored in the
interpretation of this Agreement.
2. TERM
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This Agreement will remain in effect for ………….. years from the date of the last disclosure of
Confidential Information (“Term”), at which time it will terminate, unless extended by the
provider of information in writing.
3. USE OF THE CONFIDENTIAL INFORMATION; NON-DISCLOSURE
The Recipient hereby agrees that it shall use the Confidential Information only for the Agreed
Purpose. Further, the Recipient shall not, except with the prior written consent of the Provider
or in accordance with this Agreement disclose, transfer, or use, to its financial or monetary
advantage, any such Confidential Information. The obligation of the Recipient contained in this
Clause 3 shall not be limited in point in time save and except at such time as the exclusions
contained hereof become applicable in respect thereof as per Clause 2 hereof. Also, the
Recipient and its Representatives will not disclose to any person the fact that the Confidential
Information has been made available to it or its Representatives or that Confidential Information
has been provided by Provider to the Recipient and/or its representatives.
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(d) is the subject of a subpoena or other legal or administrative demand for disclosure;
provided, however, that the Recipient has given the Provider prompt notice of such demand for
disclosure and the Recipient reasonably cooperates with the Provider's efforts to secure an
appropriate protective order; or
(e) is disclosed with the prior consent of the Provider; or
(f) was in its possession or known to it by being in its use or being recorded in its files or
computers or other recording media prior to receipt from the Provider and was not previously
acquired by the Recipient from the Provider under an obligation of confidence; or
(g) the Recipient obtains or has received such information from a source other than the
Provider without breach by the Recipient or such source of any obligation of confidentiality or
non-use towards the Provider.
6. OWNERSHIP OF THE CONFIDENTIAL INFORMATION
(a) Each Party recognizes and agrees that all of the Provider’s Confidential Information is
owned solely by the Provider (or its licensors) and that the unauthorized disclosure or use of such
Confidential Information would cause irreparable harm and significant injury, the degree of
which may be difficult to ascertain.
(b) By disclosing the Confidential Information or executing this Agreement, the Provider does
not grant any license, explicitly or implicitly, under any trademark, patent, copyright, mask work
protection right, trade secret or any other intellectual property right. The Provider disclaims all
warranties regarding the information, including all warranties with respect to infringement of
intellectual property rights and all warranties as to the accuracy or utility of such information.
(c) Access to Confidential Information hereunder shall not preclude an individual who has
seen such Confidential Information for the purposes of this Agreement from working on future
projects for the Provider which relate to similar subject matters, provided that such individual
does not make reference to the Confidential Information and does not copy the substance of the
Confidential Information during the Term. Furthermore, nothing contained herein shall be
construed as imposing any restriction on the Recipient's disclosure or use of any general learning,
skills or know-how developed by the Recipient's personnel under the Service Agreement.
(d) Execution of this Agreement and the disclosure of Confidential Information pursuant to
this Agreement do not constitute or imply any commitment, promise, or inducement by either
Party to make any purchase or sale, or to enter into any additional agreement of any kind.
7. Governing Law & Jurisdiction
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This Agreement, the relationship between the Parties and all rights and obligations arising from
any act done or required to be done under this Agreement and the terms herein shall be
governed by and construed in accordance with the laws of India. Subject to Clause 8 below, the
courts at New Delhi, India shall have exclusive jurisdiction over the subject matter.
8. DISPUTE RESOLUTION
(a) If any disputes or differences (“Dispute”) arise between the Parties hereto as to the
interpretation or the performance of this Agreement (except proceedings for urgent
interlocutory relief) the Party claiming that a Dispute has arisen must give the other parties to
the Dispute notice setting out details of the Dispute.
(b) If the parties cannot resolve the Dispute within 14 days from the date of receipt of notice
then such Dispute arising between the parties to this Contract shall be referred to a sole
arbitrator to be appointed by mutual consent of both the parties herein. If the parties cannot
agree on the appointment of the arbitrator within a period of one month from the notification
by a party to the other of existence of such Dispute, then the Arbitrator shall be appointed
consent of both the parties to this agreement. The provisions of the Arbitration and Conciliation
Act, 1996 will be applicable and the award made there under shall be final and binding upon the
parties hereto, subject to legal remedies available under the law. Such differences shall be
deemed to be a submission to arbitration under the Indian Arbitration and Conciliation Act, 1996,
or of any modifications, Rules or re-enactments thereof. The seat and venue of arbitrations shall
be New Delhi and the language of arbitration shall be English.
9. MODIFICATION / AMENDMENT
No modification, amendment, or other change in this Agreement will be binding on any Party
unless consented to in writing to by both Parties.
10. WAIVER
Waiver including partial or conditional waiver, by either Party of any default by the other Party
in the observance and performance of any provision of or obligations under this Agreement:-
(a) shall be in writing
(b) shall not operate or be construed as a waiver of any other or subsequent default hereof
or of other provisions of or obligations under this Agreement;
(c) shall be executed by a duly authorized representative of the Party; and
(d) shall not affect the validity or enforceability of this Agreement in any manner.
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The Agreement shall be binding on and shall inure to the benefit of the Parties and their
respective successors and permitted assigns.
17. NOTICES
Any notice or other communication to be given by any Party to the other Party under or in
connection with the matters contemplated by this Agreement shall be in writing and shall be
given by hand delivery, recognized courier, registered post, email or facsimile transmission and
delivered or transmitted to the Parties at their respective addresses set forth below:
If to the ............................:
Attn. <***>
Phone: <***>
Fax No. <***>
18. LANGUAGE
All notices required to be given by one Party to the other Party and all other communications,
documentation and proceedings which are in any way relevant to this Agreement shall be in
writing and in the English language.
19. COUNTERPARTS
This Agreement may be executed in counterparts, each of which, when executed and delivered,
shall constitute an original of this Agreement.
20. DAMAGES:
a) Both parties acknowledge that the Confidential Information coming to the knowledge of
the other may relate to and/or have implications regarding the business activities,
methods, processes and or information of the parties, which afford them certain
competitive and strategic advantage of the Disclosing Party.
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b) The provisions of this Agreement are necessary for the protection of the business goodwill
of the parties and are considered by the parties to be reasonable for such purposes. Both
the parties agree that any breach of this Agreement will cause substantial and irreparable
damages to the other party and, therefore, in the event of such breach, in addition to
other remedies, which may be available, the party violating the terms of Agreement shall
be liable for the entire loss and damages on account of such disclosure.
c) Each party agrees to indemnify the other against loss suffered due to breach of contract
and undertakes to make good the financial loss caused directly or indirectly by claims
brought about by its customers or by third parties.
d) The parties hereto acknowledge and agree that in the event of a breach or threatened
breach by the other of the provisions of this Agreement, the party not in breach will have
no adequate remedy in money or damages and accordingly the party not in breach shall
be entitled to injunctive relief against such breach or threatened breach by the party in
breach.
21. MITIGATION
Without prejudice to any express provisions of this Agreement on any mitigation obligations of
the Parties, each of the Payment Bank and the ……………… shall at all times take all reasonable
steps to minimize and mitigate any loss for which the relevant Party is entitled to bring a claim
against the other Party pursuant to this Agreement.
22. REMOVAL OF DIFFICULTIES
The Parties acknowledge that it is conceivable that the Parties may encounter difficulties or
problems in the course of implementation of the Project and the transactions envisaged under
this Agreement. The Parties agree and covenant that they shall mutually discuss such difficulties
and problems in good faith and take all reasonable steps necessary for removal or resolution of
such difficulties or problems.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF
THE DATE FIRST ABOVE WRITTEN.
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( ) ( )
Signed
Payment Bank Signed
For and on behalf of the For and on behalf of the
Witness:
1. 1.
1. 2.
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Place:
Date:
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To: Date:
The AGM -IT, India Post Payments Bank, Corporate Office,
2nd Floor Speed Post Center,
Bhai Veer Singh Marg, Gole Market,
New Delhi- 110001.
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 bank.
Yours faithfully,
Authorized Signatories
(This letter should be on the letterhead of the bidder as well as the OEM/OSD duly signed by an
authorized signatory on Information security as per regulatory requirement)
To: Date:
The AGM-IT, India Post Payments Bank, Corporate Office,
2nd Floor Speed Post Center,
Bhai Veer Singh Marg, Gole Market,
New Delhi- 110001.
Sir,
Subject: Request for Proposal (RFP) for Supply, Implementation and Maintenance of
Aadhaar Data Vault Solution at DC & DR
We hereby undertake that the proposed solution / software to be supplied will be free of
malware, free of any obvious bugs and free of any covert channels in the code (of the
version of the application being delivered as well as any subsequent
versions/modifications done)
Yours faithfully,
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Date:
Kindly refund the EMD submitted for participation. Details of EMD submitted are as follows
Bank details to which the money needs to be credited via NEFT are as follows
Sign
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UNDERTAKING
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.
Company / Organization
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To,
The Asstt General Manager (IT)
India Post Payments Bank
IPPB, 2nd Floor, Speed Post Center, Bhai Veer Singh Marg, Gole Market
New Delhi – 1100001.
Know all men by these presents, we…………………………………………….. (name of the firm and address
of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr/
Ms (name), …………………… son/daughter/wife of ……………………………… and presently residing at
…………………., who is presently employed with us (the “Bidder Name”) and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”)
to do in our name and on our behalf, all such acts, deeds and things as are necessary or required
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AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done
by us.
For
Authorized Signature:
Title of Signatory:
Address:
Witnesses:
1.
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2.
Accepted
Attorney’s Signature:
Attorney’s Name:
Attorney’s Title:
Address:
Notes:
1. The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant(s) and
when it is so required, the same should be under common seal affixed in accordance with
the required procedure
2. Wherever required, the Applicant should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Applicant
3. For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued.
4. However, the Power of Attorney provided by Applicants from countries that have signed The
Hague Legislation Convention 1961 are not required to be legalized by the Indian Embassy if
it carries a conforming Apostille certificate.
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Date:
Place:
Sub: RFP for Supply, Implementation and Maintenance of Aadhaar Data Vault Solution.
To,
Asstt. General Manager (IT)
India Post Payments Bank
IPPB, 2nd Floor, Speed Post Center, Bhai Veer Singh Marg, Gole Market
New Delhi – 1100001
Dear Sir,
Yours faithfully
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Place:
Date:
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