Request for Proposal For End to End Software Solution for ... … · Risk under BASEL II/III guidelines, Governance, Risk & Compliance (GRC) for scheduled commercial banks/AIFIs in

S.No. RFP Ref

Page no

RFP Clause no Existing clause Details Clarification Sought Reply to clarifications

1 31 8.c.1 The successful bidder should conduct System Requirement Study (SRS)

covering the risk, quality, migration, conversion, cutover, resource, change

and communication management plan after understanding the

requirements from the Bank team for the implementation of the solution

and submit the SRS within 15 days from date of acceptance of the Purchase

Order.

Can NABARD look at extending this deadline? Will there be any

flexibility towards this?

No

2 31 8.c.3 On awarding the contract, the bidder should gain understanding of the

functioning of the existing system from core users of the Bank. He shall

prepare a Business Requirement Document (BRD) based on the gap

analysis and other requirements of the RFP within 45 days from the date of

acceptance of Purchase Order.

Can NABARD look at extending this deadline? Will there be any

flexibility towards this?

No

3 165 4.4 Corporate, Banks, Domestic Sovereigns, Foreign Sovereigns, Public sector

entities, Multilateral development banks, BIS, IMF, Indian Banks, Foreign

Banks, Primary dealers, Corporate, Retail (Regulatory Retail, Home Loans,

Consumer loans), Commercial Real estate, NPA, Venture Capital, Other

assets, Off-balance sheet assets and any other asset classification which

RBI may come up from time to time

The period for which the changes in asset classification can be

provided by the bidder will be limited till the project period. Please

confirm.

This is limited to project period i.e. 6 years.

4 168 3.1 The system should have the ability to capture retail exposures at an

account level, assign each exposure to a particular retail pool based on well-

defined risk drivers such as borrower type, demographics, products,

collateral, delinquencies etc. (not limited to these dimensions) to estimate

Pool PD, LGD and EAD from an IND AS 109 perspective. The system

should form Homogenous pools of retail exposures formed in consultation

with the Bank in compliance with IRB guidelines. The system should have

capability to integrate subsequent changes in Pooling criteria.

The period for which the changes in Pooling criteria can be provided

by the bidder will be limited till the project period. Please confirm.

This is limited to project period i.e. 6 years.

5 191 Annexure 31 - 9 -

Operational Risk

Functional Compliance

Capital Computation - Standardized Approach and AMA AMA is planned to be discontinued and not included in the latest

Basel guidelines. Most of the banks have stopped putting efforts and

investment in AMA approach. Request you to relook at this section.

The current approach mandated by BASEL & RBI replacing AMA will be applicable.

6 174 Annexure 31 - 6 Collateral Management Collateral Management is required as an input for the Credit Risk

module only or for maintaining of transactions etc. as well. Since, the

bank already has a CLMS system which maintains and monitors all

collateral related transactions, we request you to limit the scope.

Collateral Management is required as an input for the Credit Risk.Collateral

management would be required as an input to ECL computation as well

7 196 Annexure 31 - iii) Functional Requirement for Business Continuity Management (BCM) Plan Our understanding is that the scope should limit to business impact

analysis, risk assessments, incident management and associated

reports/MIS. Please clarify.

The software should have the functionality of BCM Module.

8 50 Clause 13 Point 6 The bidder must be in the business of providing/Implementing solutions

for Standardised Approach for Credit Risk, Market Risk, Operational Risk

under BASEL II/III guidelines, Governance, Risk & Compliance (GRC) &

IndAS (Expected Credit Loss calculation) for scheduled commercial

banks/AIFIs in India for an uninterrupted period of two years as on

31.03.2018. Experience in co‐operative banks (State Co‐operative Banks,

District Central cooperative banks, Urban Co‐operative banks, RRBs etc.)

shall not be considered for evaluation.

Since, the IndAS implementation is at an initial stage in the India

market we request to modify the clause as below." "The bidder must

be in the business of providing/Implementing solutions for

Standardised Approach for Credit Risk, Market Risk, Operational

Risk under BASEL II/III guidelines, Governance, Risk & Compliance

(GRC) for scheduled commercial banks/AIFIs in India and overseas

for an uninterrupted period of two years as on 31.03.2018.

Experience in co‐operative banks (State Co‐operative Banks, District

Central cooperative banks, Urban Co‐operative banks, RRBs etc.)

shall not be considered for evaluation".

It is clarified that the SI should have the capability to implement/being

implementing IndAS (Expected Credit Loss calculation) for scheduled commercial

banks/AIFIs in India.

Reply on pre-bid queries received in response to Tendor No NB.HO.RMD/01/RMD-55/2018-19 Dated: 23 July 2018

Request for Proposal For

End to End Software Solution for Implementation of Enterprise-wide Integrated Risk ManagementArchitecture in accordance with the International Best Practices and Guidelines of RBI on Basel I, Basel II, Basel III

9 51 Clause 13 Point 7 OEM product (software) should have capability in the required areas

namely Credit Risk, Market Risk, Operational Risk, Governance, Risk &

Compliance (GRC) & IndAS (Expected Credit Loss calculation) and all the

four solutions should have been implemented for scheduled commercial

Bank/AIFI in India for an uninterrupted period of two years as on

31.03.2018. Experience in Co‐operative banks (State Co‐operative Banks,



Please clarify if uninterrupted period of two years refers to the

continued implementation in the last two years. IndAS

implementation is at an initial stage in the India market and

therefore we may not qualify to participate in this RFP. Hence,

please consider to revise the clause as below:- OEM product

(software) should have capability in the required areas namely Credit

Risk, Market Risk, Operational Risk, Governance, Risk & Compliance

(GRC) & IndAS (Expected Credit Loss calculation) and all the three

solutions namely Credit Risk, Market Risk, Operational Risk,

Governance, Risk & Compliance (GRC) should have been

implemented for scheduled commercial Bank/AIFI in India and

overseas for an uninterrupted period of two years as on 31.03.2018.

Experience in Co‐operative banks (State Co‐operative Banks, District

Central cooperative banks, Urban Co‐operative banks, RRBs etc.)


It doesn’t mean last two years as on 31.03.2018. OEM product (software) should

have capability in the required areas namely Credit Risk, Market Risk, Operational

Risk, Governance, Risk & Compliance (GRC) & IndAS (Expected Credit Loss

calculation) and all the first four risk solutions should have been implemented for

scheduled commercial Bank/AIFI in India for an uninterrupted period of two years

as on 31.03.2018. Further, OEM should have the capability to implement/being


banks/AIFIs in India. Experience in Co‐operative banks (State Co‐operative Banks,

District Central cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not

be considered for evaluation.

10 73 Clause C Point iii The License supplied would be for the enterprise access with no limitation

on number of users, data, asset size, transactions or number of sites across

bank or cores.

As a standard practice for Enterprise Risk Management solution

license, we request bank to provide a number/figure of the banks

asset size based on which we can provide a competitive software

license pricing.

The number of users may be guided by Annexure 30, present datasize given under

Annexure 29 and asset size and number of sites across bank by referring to bank's

website as mentioned in para 7 of the RFP and para 8 (g) (vi)(xix).

The details of financials the Bank is available on the website i.e. www.nabard.org.

11 14 2.3 Bank makes no warranty and shall incur no liability regarding the

accuracy and completeness of this RFP

Boundaries of scope have to be defined properly in order for us to

deliver the services in accordance with the requirement. Any open

scope will necessitate possibility of scope creep and hence additional

efforts which will be an area of concern for both us and the bank

The scope of work is defined in appropriate clauses of the RFP.Bidders are expected

to provided commercial bids for the scope mentined in the RFP.

12 14 2.13 In case, RBI makes changes in existing guidelines or issues fresh

guidelines, the scope of work will automatically cover those matters

and the Bank will not pay any additional costs for such revised

implementation

We expect that any change issued by RBI will be taken up by the

bidder during the implementation and the subsequent AMS period.

So any fresh changes suggested by RBI will be taken up during the

support period unless it invokes change in design, configuration and

hence parameterization completely. Any change post the 5 year

support period will not be considered

This condition is applicable for the project period i.e. 1 year implementation and 5

years support.

13 14 2.14 The Bank expressly stipulates that the selection of bidder under this

RFP is on the understanding that this RFP contains only the principal

provisions for the entire assignment and the services rendered in

accordance with the scope of work defined under this RFP are only a

part of the assignment. Bank will not pay additional costs for the

related services

The bidder will be responsible for design, build, test, deploy and

support of IRMS for the bank. All associated activities in relation to

these objectives will be classified in the form of a RACI matrix with

clear duties designated for bidder and bank. Any duty to be

additionally taken up will be considered out of scope and has to be

then considered additionally at a mutually convenient rate

RACI Matrix under 8(d) and Annexure 17 depicts the roles to be played by the

stakeholders to achieve the objective of the project.

14 48 11.2 No adjustment of the contract price shall be made on account of

variation of costs of labour and materials or any other cost component

affecting the total cost in fulfilling the obligations under the contract.

Escalations are not permitted. Any reduction in prices , duties, taxes, etc.

shall be passed on to the Bank

Please clarify on the escalations piece. For the AMS which is for a

duration of 5 years, can the bank consider variation of cost of labour

accordingly

No

15 55 20.4 Bidder shall, upon termination of this Contract for any reason, or upon

demand by the Bank, whichever is earliest, return any and all

information provided to Bidder by the Bank, including any copies or

reproductions, both hardcopy and electronic

Suggested insertion: Notwithstanding the foregoing, the Bidder may

retain copies of Confidential Information and Materials reasonably

required to be retained in accordance with law, regulation,

professional standards and standard archival processes

Not accepted

16 122 8 Indemnity clause: To indemnify the Bank in case of loss/ compromise

or damage to Bank’s data

We would request the bank to limit the indemnity to a reasonable

value,

preferably to the tune of 1X of the fees at a maximum during the

implementation

phase

Not accepted

17 59 29.2 If there is any delay in the implementation of the project due to bidder

/partner’s fault in complying with time schedule furnished by the bidder

and accepted by the Bank, it will charge 1% on the total project

implementation cost to the bidder for each week of delay as penalty

We would request the bank to completely remove this clause as it is

very difficult to establish the reason for delay in such large projects

Not accepted

18 59 29.2 This penalty will be subject to an upper limit of 10% on the total

project implementation cost. Thereafter the order/contract may be

cancelled and amount paid if any, may be recovered with 1.25%

interest per month

We would request you to remove this clause as payment related to

this project

will be milestone based for bidder and hence any payment will be

done only after proper validation. Any WIP delivery may be scrapped

and unpaid but we would urge the bank to consider removing the

clause for payment reversal for milestones already completed

Not accepted

19 65 36.4 Bank also reserves the right to conduct Reference Site Visits at the bidder’s

client sites

Additionally we would request the bank to conduct the Reference

Site Visits at

the bidder`s client sites at their own expense. Else bidder can

arrange for virtual

site visits especially for overseas references

The expenses for Reference Site Visits at

the bidder`s client sites will be borne by the bank.

20 85 38.c The contract is signed for the entire duration of the project. Successful

bidder shall

indemnify, protect and save the Bank against all claims, losses, costs,

damages, expenses, action, suits and other proceedings, resulting from

infringement of any patent, trademarks, copyrights etc. or such other

statutory infringements under the Copy Rights Act, 1957 or IT Act 2008 or

any Act in force at that time in respect of all the hardware, software and

network equipment or other systems supplied by bidder to the Bank from

whatsoever source

Suggested Clause:

Bidder shall indemnify Bank for all Losses incurred in connection

with Bidder’s breach of third party intellectual property rights in the

Deliverables/ supplies, provided that this indemnity shall not apply

to in the following cases: (a) the modification of Bidder’s

Deliverables/ supplies provided hereunder by any person other than

Bidder or its personnel (b) Bank’s failure to use any modification to

Bidder’s Deliverables/ supplies made available by Bidder where

use of such modification would have avoided the infringement; (c)

information, materials instructions or specifications that are

themselves infringing which are provided by or on behalf of Bank or

which Bank’s

requests or requires Bidder to use; or (d) the use of Bidder’s

Deliverables/ supplies in a manner not agreed to hereunder;

Provided that Bank shall give Bidder written notice of any such

claim and sole control over the defence of any such claim

Not accepted

21 86 38.f The bidder shall not be entitled to make any claim, whatsoever, against

NABARD, under

or by virtue of or arising out of, the Contract/Agreement, nor shall

NABARD entertain or

consider any such claim, if made by the Bidder after he has signed a ‘No

Claim’ Certificate in favour of NABARD in such forms as shall be required

by NABARD after the implementation of risk management software

solution is completed to the satisfaction of the Bank

Suggested Clause: No action, regardless of form, relating to this

Contract or the Services, may be brought by Bidder or the Bank more

than two years after the cause of action has accrued under applicable

law

Not accepted

22 48 12.b Payment Milestones Can NABARD look at changing the payment milestones in relation to

the project

schedule as this involves setting up a team with OEM providing

licenses

The payment terms & milestone are not negotiable. Item 1, 2 & 7 are considered in

the software.

23 50 13.6 The bidder must be in the business of providing/Implementing solutions

for Standardised

Approach for Credit Risk, Market Risk, Operational Risk under BASEL

II/III guidelines,

Governance, Risk & Compliance (GRC) & IndAS (Expected Credit Loss

calculation) for

scheduled commercial banks/AIFIs in India for an uninterrupted period of

two years as on 31.03.2018. Experience in co‐operative banks (State

Co‐operative Banks, District Central cooperative banks, Urban Co‐operative

banks, RRBs etc.) shall not be considered for evaluation.

Requested Suggested Clause: "The bidder must be in the business of

providing/Implementing solutions for Standardised Approach for

Credit Risk, Market Risk, Operational Risk under BASEL II/III

guidelines, Governance, Risk & Compliance (GRC) for scheduled

commercial banks/AIFIs in India and overseas for an uninterrupted

period of two years as on 31.03.2018. Experience in co‐operative

banks (State Co‐operative Banks, District Central cooperative banks,

Urban Co‐operative banks, RRBs etc.) shall not be considered for

evaluation".

SI should have the capability to implement or implementing IndAS (Expected

Credit Loss calculation) for scheduled commercial banks/AIFIs in India.

24 51 13.7 OEM product (software) should have capability in the required areas

namely Credit Risk,

Market Risk, Operational Risk, Governance, Risk & Compliance (GRC) &

IndAS

(Expected Credit Loss calculation) and all the four solutions should have

been

implemented for scheduled commercial Bank/AIFI in India for an

uninterrupted period of two years as on 31.03.2018. Experience in

Co‐operative banks (State Co‐operative Banks, District Central cooperative

banks, Urban Co‐operative banks, RRBs etc.) shall not be considered for

Requested Suggested Clause: OEM product (software) should have

capability in the required areas namely Credit Risk, Market Risk,

Operational Risk, Governance, Risk & Compliance (GRC) & IndAS

(Expected Credit Loss calculation) and all the four solutions should

have been implemented for scheduled commercial Bank/AIFI in

India and overseas for an uninterrupted period of two years as on

31.03.2018. Experience in Co‐operative banks (State Co‐operative

Banks, District Central cooperative banks, Urban Co‐operative banks,

RRBs etc.) shall not be considered for evaluation.










be considered for evaluation.25 51 13.9 The Bidder should have experience with supply, installation,

customization, integration,

training and maintenance of Integrated Solution in Scheduled Commercial

bank/

financial institution in India.

Requested Suggested Clause: The Bidder should have experience

with supply, installation, customization, integration,

training and maintenance of Integrated Solution in Scheduled

Commercial bank/

financial institution in India and overseas

Not accepted

26 13 2 Pre-bid meeting - 20th August, 2018 Can NABARD look at extending this deadline by at least 1 week ?

Will there be any flexibility towards this?

No.

27 13 3 Last date and time for submission of Bids Can NABARD look at extending this deadline by at least 2 weeks ?

Will there be any flexibility towards this?

No.

28 191 Annexure 31 - 9 -

Operational Risk

Functional Compliance

Capital Computation - Standardized Approach and AMA AMA is planned to be discontinued and not included in the latest

Basel guidelines. Most of the banks have stopped putting efforts and

investment in AMA approach. Request you to relook at this section.

The current approach mandated by BASEL & RBI replacing AMA will be applicable.

29 174 Annexure 31 - 6 Collateral Management Collateral Management is required as an input for the Credit Risk

module only or for maintaining of transactions etc. as well. Since, the

bank already has a CLMS system which maintains and monitors all

collateral related transactions, we request you to limit the scope.

Collateral Management is required as an input for the Credit Risk.Collateral

management would be required as an input to ECL computation as well

30 196 Annexure 31 - iii) Functional Requirement for Business Continuity Management (BCM) Plan Our understanding is that the scope should limit to business impact

analysis, risk assessments, incident management and associated

reports/MIS. Please clarify.

The software should have the functionality of BCM Module.

31 231 Annexure vii) Functional Requirements in Respect IFRS 9 and ECL Calculation Currently, most banks are looking at restricted scope for IFRS9/ECL

calculations to comply with the regulatory guidelines and moreover

all the mentioned requirements in the RFP might not be relevant in

NABARD context. The requirements mentioned in the RFP are

exhaustive and hence requesting to restrict the current scope in the

ECL.

Items No 1.6, 2.9, 2.10, 2.12, 2.13, 2.17, 2.18, 2.19, 2.20, 2.24, 2.27, 2.29, 2.30, 2.32,

2.33, 3 including 3.1, 3.2 & 3.3, 4 including 4.1, 4.2 &4.3 and 5 including 5.1, 5.2 &

5.3 stand deleted.

32 50 Clause 13 Point 6 The bidder must be in the business of providing/Implementing solutions








Since, the IndAS implementation is at an initial stage in the India

market we request to modify the clause as below. "The

bidder must be in the business of providing/Implementing solutions

for Standardised Approach for Credit Risk, Market Risk, Operational

Risk under BASEL II/III guidelines, Governance, Risk & Compliance

(GRC) for scheduled commercial banks/AIFIs in India for an


co‐operative banks (State Co‐operative Banks, District Central

cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not be

considered for evaluation".

It is clarified that the SI should have the capability to implement/being


banks/AIFIs in India.

33 51 Clause 13 Point 7 OEM product (software) should have capability in the required areas





31.03.2018. Experience in Co‐operative banks (State Co‐operative Banks,



Please clarify if uninterrupted period of two years refers to the

continued implementation in the last two years. IndAS

implementation is at an initial stage in the India market and

therefore we may not qualify to participate in this RFP. Hence,

please consider to revise the clause as below:- OEM product

(software) should have capability in the required areas namely Credit

Risk, Market Risk, Operational Risk, Governance, Risk & Compliance

(GRC) & IndAS (Expected Credit Loss calculation) and all the three

solutions namely Credit Risk, Market Risk, Operational Risk,

Governance, Risk & Compliance (GRC) should have been

implemented for scheduled commercial Bank/AIFI in India for an


Co‐operative banks (State Co‐operative Banks, District Central

cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not be

considered for evaluation.











34 73 Clause C Point iii The License supplied would be for the enterprise access with no limitation

on number of users, data, asset size, transactions or number of sites across

bank or cores.

As a standard practice for Enterprise Risk Management solution

license, we request bank to provide a number/figure of the banks

asset size based on which we can provide a competitive software

license pricing.





35 80 Hardware utilization Hardware utilization levels should be less than 70% (CPU, Memory, and

Hard Disk).

30% headroom in all HW resources is on little higher side as general

industry standard is 80%. Request to consider 80% to avoid unused

HW resource sitting unused.

This stands deleted

36 80 System Uptime The system should be available to use/ uptime should be 80% with the

expected Service Level

What is time frequency to calculate the 80% uptime for Ex: Weekly,

Monthly etc. Please clarify?

Refer to corrigendum.

37 Dev and Test Environment Request bank to consider to deploy the Dev and test environment

with logical separation on the same set off Servers

Development would be in bidder's environment and only UAT would be in

NABARD environment which would be logically separated from Production

environment38 Dev and Test Environment What percentage of Production Year1 workload needs to consider for

Dev and Test Environment( Generally combine should not exceed

25% of Production Year1). Please clarify

Development would be in bidder's environment. Test Environment would be 50% of

Production Year 1 so as to get near Production feel.

39 45 Sizing The total storage proposed by the bidder shall take into account

incremental growth of the Bank on a minimum, over the next 10 years. The

Bidder may propose an appropriate storage to meet the requirements as

found suitable

How many year of HW estimate required for Production? It is clear in the RFP

40 158 For Helpdesk Sizing, we have to consider the users and concurrent

user details mentioned in Annexure 30 under Credir Risk()users

250, concurrent users-50), Operational and Compliance risk(users

400, concurrent users 80), Market risk(users 25, concurrent users

10)- pls confirm

Yes

41 158 NABARD has present Service Desk for the existing system-pls

confirm

Yes

42 158 Helpdesk requirement in this RFP is only for the L1 Infra

Support(for the Hardware required for this RFP solution) +

Application Support mentioned in this RFP .-pls confirm

Please Refer Annexure 12 Item No. 4. & 5. The Bank requires L1 & L2 onsite and L3

Support remotely. Please refer Section 8.g vii. Point No. 4 for definitions of L1, L2

and L3 Support.

43 47 vii Annual Technical Support (ATS)/Annual Maintenance Contract (AMC)and

Helpdesk

pls confirm Helpdesk is till implementation or till end of 5

years(through out the project)

During the entire project period.


Helpdesk

pls confirm the Service Window for HelpDesk Please be guided by the RFP


Helpdesk

pls confirm if NABARD is having any present ITSM/ITAM tool Yes


Helpdesk

pls confirm how many locations is the spread of potential and

concurrent users(required for factoring of helpdesk)

Please refer Annexure 30 and para 7 of RFP.


Helpdesk

pls confirm the requirement is of Centralised/decentralised helpdesk Centralised helpdesk


Helpdesk

where will be the location of Helpdesk.pls confirm NABARD requires

onsite/offshore helpdesk facility

It is given in para 8 (g)(vii)

49 page 47 vii Hardware Support pls confirm the complete BOM for which support is required SI is expected to submit as per Annexure 35

50 page 81 # The SI is expected to conduct Hardware sizing based on the information

provided in Annexure-30 for implementing the solution. The hardware has

to be provided by the SI.

pls confirm all Hardware is fresh procurement or apart from this

NABARD is provideing existing hardware sustenance also.pls

confirm on Infra landscape to be supported.

IT landscape is given in Annexure 29 and the hardware will be procured by

NABARD depending on the specifications provided by SI that is required for

supporting the Risk Software

51 page32 DR sustenance is to be done remotely or onsite DR Sustenance to be done by the SI initially for 6 months from onsite and after that

ITSM will take over after proper KT from the SI.

52 page32 pls confirm SLA of Helpdesk It is given in para 8 (g)(vii)

53 page 84 point l The bidder shall provide centralized complaint booking facility to the Bank

and the dash board, if available, shall be provided to the Bank. The method

of booking complaints shall be through E-mail, Toll-free no, on line portal,

web, etc

is NABARD referring to provide them helpdesk tool, if yes then

NABARD requires it as a product /service-pls confirm

No

54 47 Detailed Scope of Work

(Application Support)

NA What are the availability needs of the application support? - 24x7 or

9x6 etc and what would be the support timings of the application

support team?




NA Which support model is preferable for application support (Remote,

Onsite, Offshore, Hybrid)?

It is given in para 8 (g)(vii)/Please Refer Annexure 12 Item No. 4. & 5. The Bank

requires L1 & L2 onsite and L3 Support remotely. Please refer Section 8.g vii. Point

No. 4 for definitions of L1, L2 and L3 Support.



NA What is growth in user volume expected for these applications in

next 5 years and by what percentage?







NA What is the current call logging (ticketing) tool used? Does the call

logging (ticketing) tool have the capability to track SLA and do

alerting?

No ticketing tool.


(Database Support)

NA Kindly share the details of existing databases (version, instances, size

etc.)

Please refer Annexure 29


(Database Support)

NA Are there any investments done on tools for existing Databases and

Infra monitoring?

The required DB licenses and replication tools would have to be brought in by the

bidder. ITSM would monitor the servers and other equipment provided under the

project for maintenance after 6 months and Knowledge Transfer by the SI


(Database Support)

NA a) What are the availability needs of database support? - 24x7 or 9x6

etc and what would be the support timings of the database support

team?

b) What is database support requirement (L1/L2/L3)? Does required

database support also includes support for existing Databases.



(Database Support)

NA Which support model is preferable for database support (Remote,

Onsite, Offshore, Hybrid)?

It is given in para 8 (g)(vii)/Please Refer Annexure 12 Item No. 4. & 5. The Bank

requires L1 & L2 onsite and L3 Support remotely. Please refer Section 8.g vii. Point

No. 4 for definitions of L1, L2 and L3 Support.


(Database Support)

NA How many database patches gets deployed in production every

week? Is there a standard release deployment mechanism for all

database patches deployed?

Not related to the project


(Database Support)

NA What is the maximum SLA with Database vendors for response &

resolution time for a critical issue?



(Database Support)

NA Are there any desupported versions used for OS , DB , MW for any

applications. Are there any plans to upgrade or migrate to a different

version or platform?

Not related to the project


(Database Support)

NA Is the backup policy defined & automated? What are the tools used

for backup activity? Is there any Database security mechanism in

place? Is there a mechanism to captured the DB inventory?

Yes. Backup Policy is defined and automated using the HP Data Protector tool.

There is no separate Database Security Mechanism. Overall protection through

Firewall and WAF / Microsegmentation would be available. There is no separate

mechanism to capture DB inventory except as part of the IT Asset Management

Tool.

66 NA Generic Reporting Is the exiting solution generating the mentioned reports? If yes, do

the new reports needs to be compared with the existing? Kindly

specify.

No

67 NA Generic Data Source System Are all Internal/External Source system for OR/MR/CR identified as

a part of existing system or Gap analysis needs to be done? Pls

specify.

Yes.Please refer to Para 8 g (i)

68 NA Generic Implementation Phase Should both Standardized and Advanced approach implemented in

single phase? Kindly specify.

The implementation is to be done as per RBI's guidelines dated 26 Nov 2016. As

mentioned in RFP, any regualtory changes in the said guidelines are to be

implemented without additional cost. Further, the system should have capability for

implementing Advanced Approaches. However, if any additional guidelines

mandating NABARD to implement Advanced Approaches is given by the Regulator,

the same has to be implemented free of cost as stipulated in the RFP.

69 NA NA Generic The bank needs to provide the logic for RWA and ECL calculation. Yes

70 18 Who can submit the bid?

Point-f

One bidder in the capacity of SI can partner with multiple OEMs (for

separate modules such as credit risk, market risk, operational risk,

compliance risk, IFRS 9 and ECL calculation) to provide EWIRM Solution

through this bid.

Kindly specify the number restriction w.r.t OEMs/Vendors. It is clear in the RFP as per para 4 (f)

71 18 Point-h All the new software release/version / upgrades or otherwise for any reason

should be made available to the Bank and the Bank is not liable to pay /

oblige SI or any OEM any additional charges / fees pertaining to third party

royalty charges etc. And also this should not be the reason to restrict the

Bank from upgrading to the new release / new version of the software. The

same will be provided during the entire duration of the contract.

This needs to be specified per Risk suite. It is clear in the RFP as per para 4 (h)

72 18 Point-k The SI must not change the OEM once the bidding process is completed or

at any stage for the duration of the contract.

Clarification Sought. In case a software doesn't provide the desired

output, the same needs to be discussed with bank and further course

of action to be jointly defined. (Bank and SI needs to take a joint call)

Please refer to para 8 © (25)

73 31

c) Responsibilities of

Bidder

Point-c

c. Supporting all the required statistical, analytical, risk modelling, pricing

and reporting requirements as per Bank’s internal requirements.

The bank is suppose to provide number of Credit Risk, Market Risk

and Operation Risk PD, LGD, EAD models and reports which are

expected to be delivered. The same is required to factor-in time and

efforts in RLS. Any model above and beyond the standard list of

Models / Reports (provided in Annexure # 31) are to be billed

separately.

Also, the bank needs to provide product specific excel based models

as a baseline for deployment.

The funcational requirements are given in Annecure 31 and item 8 (b) of Annexure

12 mentions cost for creation of additional/adhoc reports over and above already

indicated in the RFP for 200 reports.

74 32 Responsibilities of

Bidder

The bidder is required to implement the solution in all Head offices

departments, all Regional offices and Training Establishments of the Bank.

Is it going to be branch level implementation? The Bank does not have Branches. Please refer to our website www.nabard.org for

details of Regional Offices & Training Establishments.


Bidder

Provide a resource for a period of 6 months to input/upload the Bank's

data including the data uploading from the physical records.

Approximately, how many years of data is required to upload? At present, scope of work is for 6 months as per para 8 © 17. All the data available

at the point of time.


Bidder

Point-23

Provide all statutory, regulatory Management Information System (MIS),

adhoc MIS (including development if needed) and Executive Information

System (EIS) reports as required by the Bank in the desired format as per

regulatory and Bank’s requirements.

The bank needs to provide a tentative number of reports/MISes

which are expected to be executed. Any report above and beyond the

standard list (provided in Annexure # 31) are to be billed separately.

The funcational requirements are given in Annecure 31 and item 8 (b) of Annexure

12 mentions cost for creation of additional/adhoc reports over and above already

indicated in the RFP for 200 reports.


Bidder

Point-27

Bidder should install & configure various components of the complete

solution. The bidder shall interface the proposed solution with external

systems in the Bank including Bloomberg, Reuters, FIMMDA, AMFI for

Market Risk, External Rating agencies and RBI Statistics, handbook on

Indian Economy for Credit Risk, IBA for Operational Risk or any other

system prescribed by the Regulator or proposed to be used by the Bank in

future.

How the same would be billed? Is it on the Bank or the SI who needs

to pay the subscription charges?

Bank subscribes to certain services as per its ongoing requirements.


Bidder

Point-39

The source data before being used in the Risk Management System should

undergo review and validation. Bidder should be responsible for migration

audit designing and implementing the data quality checks and validation by

third party. Bidder needs to provide data quality documentation and seek

sign off from the Bank for data quality checks and the results of the

validation.

Will this be 3rd party or OEM needs to provide a sign-off?

In case the 3rd party is other than the OEM, in that case it would be

whose responsibility to identify the 3rd party?

NABARD will identify third party


Bidder

Point-40

The vendor should help bank to get PAD, EAD and LGD for each pool

based on the INDAS 109 validated through independent third parties.

Will this be 3rd party or OEM needs to provide a sign-off?

In case the 3rd party is other than the OEM, in that case it would be

whose responsibility to identify the 3rd party?

Would this check be on sample basis or the 3rd party is expected to

check each of these models and post their confirmation, the same

would eb deployed in system?


80 36 Broad level overview

Point-6

Building of reports and dashboards to meet internal and regulatory

reporting requirements

The bank's designated SPOC needs to provide guidance and

periodically monitor the proceedings. The bank and SI needs to be

jointly responsible for this activity.

Agreed


Point-13

Impart training to designated personnel of NABARD on Risk system

functional area

Joint responsibility of the SI and OEM. SI to provide as a deliverable


Point-14

Impart training to designated personnel of NABARD DIT on Risk system

technical area

Joint responsibility of the SI and OEM. SI to provide as a deliverable

83 40 Parameterization,

Configuration and

Customization of

Software

Point-iii

The cost of all customizations is required to be included in the Commercial

Bid and the Bank will not make any additional costs for this throughout the

term of the contract if the same has been specified as a requirement of the

Bank in this RFP. Thus, this is a fixed bid and all necessary customizations

based on the functional requirements specified in the RFP will need to be

conducted by the Bidder.

Clarification needed. This will be as per RFP terms

84 44 Implementation

Point - viii

viii. At present, the Bank has various solutions running on both on

Windows and Linux/AIX/UNIX platforms with ORACLE and MS SQL

Server databases. The solution provided shall be capable to interface with

these databases directly. Ultimately, the EWIRM Risk Solutions shall be

linked to Enterprise Data Warehouse (as and when operational).

Tentative go-live date for EDW. Cannot be informed at this stage.

85 48 11. Pricing NABARD may give orders for additional items/services at the same price

anytime within the contracted period.

This must happen during BRD discussion. Any major changes must

be taken as a Change Request.

As mentioned in item no 8(a) of Annexure 12, customisation cost for 1000 mandays

has to be submitted by the bidders covering the entire project period. Change

request will be charged acordingly.

86 79 m. SLA for Hardware &

Software

Availability of Business Infrastructure (Core Application Servers, Core

Database Servers, Storage, and related components etc.) in DC and DRC

The Core Infra needs to be provided by the Bank. Why this falls

under SLA?

Please ignore SLA for hardware.

87 158 Annexure-30, Point-2 The system should be able to maintain at least 20 models as covered in the

functional requirements for CR in section above (Section 8 of this RFP)

Clarification needed. The bank needs to share portfolio-wise list of

models which are supposed to be delivered.

It will be shared with the successful bidder

88 167 Corporate, Sovereign and

Bank Asset Class Models

(Non-Retail Rating

Models)

The system should be able to capture and receive the required data (Data

entry, File uploads, direct transfers, batch processes, etc.)

Please provide all the data loading processes . It will be shared with the successful bidder

89 167 Corporate, Sovereign and

Bank Asset Class Models

(Non-Retail Rating

Models)

various source systems like Core Banking Solutions, Internal Rating models

in various formats (viz. .txt, .XBRL, .CSV, .XML, excel, PDF etc.)

Please provide all the formats the solution is expected to read data

from?


90 169 Expected Credit Loss

(ECL) Computation

Expected Credit Loss (ECL) Computation The Bank is expected to provide the logic to classify accounts in Stage-

1/2/3 for ECL calculation and computing Through-the-cycle PD and

Point-in-time PD.


91 171 4.24 The system should be capable to convert a PIT PD to TTC PD and vice

versa.

Clarification needed. Refer to RFP

92 180 Credit Risk based Pricing The system should be able to compute RAROC and for each facility on an

ex-post basis. The RAROC should also be computed for each user defined

portfolio. (For example, Corporate Portfolio, Rating grade, etc.)

Please specify all the portfolio for RAROC computation. It will be shared with the successful bidder

93 232 1.4 Ability to integrate with existing credit risk models: The solution is able to

incorporate into any development environment, the credit risk models

currently employed by the Bank.

Pls provide the existing list of Credit Risk models. It will be shared with the successful bidder

94 Generic Early Warning Signals EWS can't be clubbed with Credit Risk mgmt and it would be

considered as a stand-alone solution.

The bidder may outline the same as part of the proposal.

95 45 vi. Implementation (xiii) The Bidder has to ensure that vulnerabilities at application level in case of

any breach shall be handled by the offered application software.

Whether client is expecting bidder need to perform Vulnerability

Assessment and Penetration for Infra and Application in scope for

this opportunity.

VAPT will be done by NABARD. Action on findings to be attended by SI.

96 45 vi. Implementation (xiii) The Bidder has to ensure that vulnerabilities at application level in case of

any breach shall be handled by the offered application software.

Please provide the frequency of Scan or is just a one time activity. VAPT will be done by NABARD. Action on findings to be attended by SI.

97 45 vi. Implementation (xiii) However the desired rules of the Firewall and Network Security should be

specified by the bidder.

The bidder will inform bank to configure the required policy/open

the desired ports on Firewall.While the required chnages will be

client responsibility

Agreed

98 45 vi. Implementation (xiii) Web Application Firewall Whether client is expecting bidder to proposed any Web Application

Firewall for securing the proposed public facing servers from

OWASP top 10 attacks.

NABARD would provide the WAF on premise or Cloud service

99 General Please provide the compliances, IT Regulatory Act, polices and

procedures that bidder need to adhere for this project.


100 General Please let us know what are the additional security measures that

bidder need to provisioned for this project.


101 48 12 Payment terms are mentioned for Implementation , training and Support Please provide the payment terms for software licences. As per Annexure 12

102 68 6 - Past Exp OEM solution has been Implemented by SI for Advanced approach for

Credit Risk in Scheduled Commercial Banks/AIFI in India

Request to modify - OEM solution has been Implemented or

under implementation by SI / OEM for Advanced approach for

Credit Risk in Scheduled Commercial Banks/AIFI in India

No changes in eligibility criteria is allowed.

103 68 6 - Past Exp OEM solution has been Implemented using IMA for Market Risk in

Scheduled Commercial Banks/AIFI in India

Request to Modify - OEM solution has been Implemented or

under implementation by SI / OEM using IMA for Market Risk

in Scheduled Commercial Banks/AIFI in India


104 69 6 - Past Exp OEM solution has been Implemented using Advanced Approach for

Operational Risk and Governance Risk & Compliance System in Scheduled

Commercial Banks/AIFI in India

Request to modify - OEM solution has been Implemented or

under implementation by SI / OEM using Advanced Approach

for Operational Risk and Governance Risk & Compliance System in

Scheduled Commercial Banks/AIFI in India


105 70 6 - Past Exp OEM solution is being/ has been Implemented by SI for Advanced

approach for IndAS and Expected Credit Loss calculation in Scheduled

Commercial Banks/AIFI in India

Request to Modify - OEM solution is being / has been Implemented

by SI / OEM for Advanced approach for IndAS and Expected Credit

Loss calculation in Scheduled Commercial Banks/AIFI in India


106 50 13 - Eligibility Criteria The Bidder should own the intellectual property rights of the product /

solution or should have rights from the owner for deployment/ resale/

customization of software from OEM or any other third party, whose

software products are offered.

Self-Declaration from the Bidder and an authorization letter from

manufacturer to this effect should be furnished giving mandate to

participate in this RFP. Self-declaration should also specify that the bidder

would be solely responsible for designing, procuring

and delivering the entire solution

Request to Modify - Self-Declaration from the Bidder and an

authorization letter from manufacturer to this effect should be

furnished giving mandate to participate in this RFP. Self-declaration

should also specify that the bidder would be solely responsible for

designing, procuring

and delivering the entire solution except for hardware, network

& security.



Bidder

Data migration should be done by the bidder from the existing data

(available in various source systems, physical files, through workaround) to

the new system with consistency.

What are the systems from where data needs to be migrated? Has

data to be digitized also from physical files? Need the volume of data

to be migrated along with the formats of data.

IT landscape and datasize is given in Annexure 29. Yes the data to be digitised from

physical files. Volume & format of data depends on the gap analysis.


Bidder

The source data before being used in the Risk Management System should

undergo review and validation.

What all validations and data qulaity checks needs to eb done on the

source data? Need some information on this

As per the best practices


Bidder

Ensure that software solution being supplied should be capable to get

integrated with a Data Ware housing solution; the Bank may go for in

future. It needs to have standard interfacing capabilities

Our understanding is that there is no DWH currently. The bank may

build DWH in future. Will this be in parallel to this implementation?

It will also eb good to understand the objective of the DWH

At present there is no datawarehouse.

110 45 vi. Implementation The Bidder should specify the hardware requirement taking into

consideration the efficiency level, response time, data processing

requirement, number of users, and all other parameters to ensure that the

efficiency of software system is not affected because of hardware. Bidder

should provide details for DR site such as network and security 46

requirements, switches, routers etc. (Please refer to clause 38 (a) of this

RFP)

Point 24 from page 15 contradict these two points,(NABARD would

provision the required servers in the form of VMs in its hardware

(Hyper Converged Infrastructure- HCI) and make available to the

ERMS Vendor for installation of required software including the OS.

The vendor shall clearly demarcate the environments into

Production, Development and Testing.)

Also there is no mentioned about hardware in clasue 38 (a) of this

RFP. Please clarify

NABARD will procure the hardware as given in point 2 (24) and the SI is expected

to specify the hardware requirements as mentioned in para 8 (vi) (xv) & (xvi)

111 81 # The SI is expected to conduct Hardware sizing based on the information

provided in Annexure-30 for implementing the solution. The hardware has

to be provided by the SI.

Please confirm is the SI is required to supply Hardware. NABARD will procure the hardware as given in point 2 (24) and the SI is expected


112 16 25. MS SQL Server and Oracle Database are the preferred database for

NABARD. It is possible that the database license could be based on the

number of cores/ processors in the system. If the license is processer / core

based, NABARD would provision separate hardware (outside the HCI) and

provision the same for installation of database. Therefore, vendor should

indicate the server capacity requirements accordingly and also indicate the

number of licenses required.

This again points that customer will provide the required infra.

Please confirm the same.



113 45 xv. A complete specifications for the hardware required for the successful

operation of the Solution should also be provided by the Bidder, with full

particulars like make, model, part numbers, proposed configuration,

including all details like memory type proposed with future expandability,

processor type, number of processors, processor speed, bus speed, etc. and

clearly show no single point of failure as per Annexure 35 of this RFP.

(Please refer to clause 38 (a) of this RFP)

Annexure 35 of the RFP only required the bidders to provide detals

like name of the server, number of cores, RAM & storage. Where as

the clause here on page 45 states to provide all details like make

model, part numbers etc.

Please confirm what all information is exactly required by the bank

from bidders with respect to hardware sizing.

All information as mentioned in 8 (vi) (xv) and Annexure 35 is to be furnised.

114 A complete specifications for the hardware required for the successful

operation of the Solution should also be provided by the Bidder, with full

particulars like make, model, part numbers, proposed configuration,

including all details like memory type proposed with future expandability,

processor type, number of processors, processor speed, bus speed, etc. and

clearly show no single point of failure as per Annexure 35 of this RFP.

(Please refer to clause 38 (a) of this RFP)

Bidder will not be responsible if anything goes wrong with the

recomended hardware as it will be banks decisoon to procude and

instal and implement the hardware recommended by the bidder.

Please confirm


to specify the hardware requirements as mentioned in para 8 (vi) (xvi) and the

sizing has to be done as per Annexure 35 by SI.

115 15 Note (13) Any change made by RBI/GOI in the existing guidelines or issue of fresh

guidelines on these matters shall automatically enlarge the scope of work

specified under this RFP and the duties of selected bidder shall deemed to

be discharged only when the Bank complies with the revised guidelines

issued on this matter. There will be no cost escalation on account of this

and the bidder shall complete the project as per the revised scope of work

A fixed cost application implementation has defined cycle as per

which requirements known till BRD discussion are developed and

tested. Any change thereafter should be taken up as per defined

change request. As bank is not in a position to define future changes

at this point of time, so is bidder. Meeting a change may also call for

software upgrade which OEM releases as per its own cycle to which

bidder cannot guarantee at this point in time. Bank may take man

day rates from bidders to be used to implement changes.

Alternatively, bank may ask to factor in fixed no. of days for changes

up to which changes will not call for additional cost. This ensures all

bidders bid for requirements known as of now and there is level

playing field for all

As mentioned in item no 8(a) of Annexure 12, customisation cost for 1000 man-

days has to be submitted by the bidders covering the entire project period. Change

request will be charged accordingly.This condition is applicable for the project

period i.e 1 year implementation and 5 years support.

116 15 Note (20) bidder will, by responding to the Bank’s RFP document, be deemed to have

accepted the terms as stated in this RFP document

We request to allow us to submit deviations which can be discussed

and agreed mutually

Deviations may be submitted as per Annexure 24.

117 15 Note (23) NABARD would provide the required hardware in its DC for hosting the

ERMS software

Please clarify if we only need to suggest HW sizing, bank will make

HW available

Yes

118 16 Note (25) MS SQL Server and Oracle Database are the preferred database for

NABARD

Please clarify if bank has any enterprise agreement on these DB

licenses which can be leveraged for new solution

No

119 16 Note (30) All software’s proposed in the solution shall be compatible with the

hardware set up of NABARD

Please provide complete detail of all existing hardware set up which

can be used to assess solution fitment

Existing hardware cannot be leveraged for this hardware.The exisiting IT set up

details are already shared in Annexure 29. The bidder can specifiy the hardware

requirements in its bid. The software provided should be compatible on a 120 50 13 (6) bidder must be in the business of India for an uninterrupted period of two

years as on 31.03.2018providing/Implementing solutions for Standardised

Approach for Credit Risk, Market Risk, Operational Risk under BASEL

II/III guidelines, Governance, Risk & Compliance (GRC) & IndAS

(Expected Credit Loss calculation) for scheduled commercial banks/AIFIs

in India for an uninterrupted period of two years as on 31.03.2018

We request that bidder implementation exp. on risk management in

banks in India in general be accepted. IND AS is a new requirement

on which hardly any bidder would have credentials as of now.

Technical evaluation criteria given on pg 68 too is on OEM solution

implementation to facilitate wider participation of bidders who can

assure to deliver with their own+partner eco system incl. OEMs

It is clarified that the SI should have the capability to implement or implementing

IndAS (Expected Credit Loss calculation) for scheduled commercial banks/AIFIs in

India.

121 51 13 (7) OEM product (software) should have capability in the required areas





IndAS being new requirement, perhaps no OEM solution will have 2

year implementation history in India. Please delete IndAS from this

clause





scheduled commercial Bank/AIFI in India for an uninterrupted period of two years 122 51 13 (9) Bidder should have experience with supply, installation, customization,

integration, training and maintenance of Integrated Solution in Scheduled

Commercial bank/ financial institution in India

Please clarify if Integrated solution means analytical applications

integrated with core transaction systems and among modules, e.g.

DW

Yes

123 28 7.a Treasury and Asset Liability Management Solution (TALMS) package

implementation is under way

No query/clarification sought.

124 31 8.c.4 Supporting estimation of all risk components and capital calculations

(regulatory & economic) as per the guidelines issued by RBI and Basel

under BASEL I and the Standardized and advanced approaches of Basel II

& III norms

Please clarify if advanced approaches of CR-MR-OR need to be

implemented as part of present scope or only SW solution compliant

to advanced approaches to be provided. As NABARD is presently

mandated to do only Basel 1 capital assessment, is present

implementation to be only on Basel 1 though SW will have capability

to move to advanced approaches when needed by bank as separate

implementation

As of now, NABARD is governed by BASEL I regulatory requirements. However, it

looks forward for meeting BASEL III norms as per RBI communication to AIFI

dated 28 Nov 2016. Accordingly, software solution to be compliant to advanced

approaches.

125 32 8.c.9 bidder is required to Implement the solution in all Head Office

departments, all Regional Offices and Training Establishments of the Bank

CR-MR-OR-Compliance implementation is centralised. Using web

applications, users can access from other locations. Please validate

that only operational risk and compliance solution may have to be

accessed by regional offices etc.

The access for necessary modules under Credit Risk, Operational Risk, Market

Risk, Compliance Risk, BCM Module,may be given to concerned HO Departments,

ROs, TEs as per requirement.

126 32 8.c.15 Ensure that software solution being supplied should be capable to get

integrated with a Data Ware housing solution; the Bank may go for in

future. It needs to have standard interfacing capabilities

Interfaces with DW in future can be developed as per CR. Present

implementation will have integrations with input systems existing in

bank at start of implementation

It will be part of change request and will be paid as per the man-day cost mentioned

in Annexure 12

127 33 8.c.17 Provide a resource for a period of 6 months to input/ upload the Bank’s

data including the data uploading from the physical records

Please clarify that data in digital forms will be made available by

bank in defined templates to be uploaded to ERM database

It is as clarified in para 8 © (17). The Bank's data may be in digital or physical

records. All such data shall be uploaded by the resource in the defined template in

ERM database128 33 8.c.20 Incorporate changes in system arising on impact of amendment to

regulations/ Bank’s policy at no additional cost and well within timelines

stipulated by the regulator

We suggest that requirements given by bank till BRD discussion be

part of present implementation as activities subsequent to BRD have

dependence on requirements clarity. Changes can be taken up as per

agreed CR on cost and timelines. It also ensures comparison of bids

based on scope known in RFP

As mentioned in item no 8(a) of Annexure 12, customisation cost for 1000 man-

days has to be submitted by the bidders covering the entire project period. Change

request will be charged accordingly. This condition is applicable for the project

period i.e. 1 year implementation and 5 years support.

129 38 8.f Installation, customization, configuration and maintenance of the software

required for an Enterprise Wide Integrated Risk Management (EWIRM)

Solution to achieve compliance with Basel-I/Basel- II/Basel- III norms and

IndAS guidelines

Please clarify IndAS scope is only on calculation of ECL and other

IFRS9 guidelines. Balance sheet related scope is outside of this scope

as same is to be met by GL system

Yes

130 38 8.g ATS/AMC/Helpdesk services will be for a period of 5 years after completion

of warranty period

SW does not have warranty and has ATS which starts with

installation of SW. Please clarify if total project period is 5 years from

the date of execution of contract which includes implementation and

post implementation ATS/AMC/support

The term ‘Project period/duration of project/tenure of project’ used in this RFP is of

six years which includes Implementation period of 1 year and AMC/ATS for a

period of five years after GO Live.

131 69 Bidder evaluation

scoring

Site References and Team Strength We request to cap max. score to this parameter as 100 (divided as 50,

50 between site references and team strength). Balance 80 marks

may be assigned to Technical requirements or Presentations

Not accepted

132 53 & 133 Point 3 of Bid Form -

Annexure 19

(3) AND WHEREAS it is one of the condition of the said tender that the

Tenderer shall deposit with the NABARD at the time of submitting the

tender a sum of `.-------- /- (Rupees ------------------------------------------------

--------------only) as and by way of Bid Security (BS), which Bid Security

(BS) shall not bear any interest and which shall be liable for forfeiture in

the event of the Tenderer, after acceptance of his tender by NABARD,

failing to observe any of the terms and conditions of the tender or the

Tenderer not supplying the said software to the satisfaction of NABARD

Bid security can only be forfeited if, Bidder misrepresents/provides

wrong information (or) withdraws its proposal before proposal

validity period. But, not for failure of Bidder to accept any order in

time (or) for not delivering SW in time for which the Bank has got

PBG. Hence, recommend deletion of obligations which are actually of

post bidding in nature.

Agreed. As per para18 of the RFP and also para 5.2 of Annexure 20 (Pre-contract

Integrity Pact),The Earnest Money Deposit of the successful Vendor/Bidder shall be

released on receipt of the Performance Bank Guarantee.

133 134 -135 Point 4 of Bid Form -

Annexure 19

Entire point 4 of Annexure 19 talks about liquidating Bid Security without

confirmation of Bidder and at the sole discretion of NABARD. Bid security

will be valid for 6 months ever after expiry period.

Bidder recommend any forfeiting of Bid Security shall be restricted

for non compliance to RFP T&C's (or) for premature withdrawal of

proposal.

NABARD shall approach Bank with original copy of documents

about Bidder's premature withdrawal of proposal (or) copy of written

refusal of Bidder to execute the contract with modified clauses

suggested by Bidder at the time of tender submission and thereafter

agreed by NABARD.

The suggestion is not acceptable.

134 141 point 8 of Annexure 20:

Pre Contract Integrity

Pact

The BIDDER undertakes that it has not supplied/s not supplying similar

product/systems or sub systems at a price lower than that offered in the

present bid in respect of any other Ministry/Department of the

Government of India or PSU and it is found at any stage that similar

product/systems or sub systems was supplied by the BIDDER to any other

Ministry/Department of the Government of India or a PSU at a lower price,

then that very price, with due allowance for elapsed time, will be applicable

to the present case and the difference in the cost would be refunded by the

BIDDER to the BUYER, if the contract has already been concluded.

This is a kind of condition that compel Bidders to reduce the price in

comparison with the low price that it would quote / would have

quoted to other similarly placed customers. But this cannot be

considered as fair trade practice. Bidder being service provider would

quote different rates for different customers based on that particular

customers requirement which will definitely vary with the

requirements of NABARD. Even, if the scenario is one and the same

still, the price that was quoted for all previous customers would be

less than the quote that we will quote today for NABARD due to

escalation in consumer price index. Hence, we cannot compare

prices that we have quoted to customers in the past with that of the

price that we would quote for NABARD. This is a pure sign of unfair

trade practice and making it part of Integrity pact is not

recommended. Hence, request for deletion of this condition.

The suggestion is not acceptable. The Proforma is prescribed by CVC, GOI.

135 147 Annexure 24 - Terms

and Conditions

Compliance table

The Offer must specify the unconditional willingness to abide by the Terms

and Conditions of the Tender. The Terms and Conditions specified

elsewhere in the Tender should be complied along with the compliance /

conformity / willingness to offer as per the terms of the Tender towards

requirements of the Bank as under:

Is the Bidder only allowed to propose its preferred positions with

regard to the clauses that were referred / listed in the Annexure 24

(or) can it also propose changes to the terms and conditions of the

RFP in the format provided in Annexure 24 ?

No changes are permitted.

136 27 7 (b) Risk Management Set-up in NABARD Please clarify which solutions are in place as of now on credit risk,

market risk, ops risk, compliance risk

The risk management set up is mentioned in para 7 (b). Further, the Bank does not

have any existing software solutions for CR, MR, OR and Complaince.

137 31 8 c Supporting all the required statistical, analytical, risk modelling, pricing

and reporting requirements as per Bank’s internal requirements

Please clarify how many total reports and analytical models would be

developed as scope

As specified in the Functional Requirements i.e. Annexure 31

138 31 8 c Supporting all the required statistical, analytical, risk modelling, pricing

and reporting requirements as per Bank’s internal requirements

Please validate that advanced analytical models design will be given

by bank. Those will be hosted by implementation team in new

solution

Yes

139 35 8 c (39) Bidder should be responsible for migration audit designing and

implementing the data quality checks and validation by third party

We suggest Bank to please engage third part for migration audit

which will also help avoid conflict of interest


140 35 8 c (40) vendor should help bank to get PAD, EAD and LGD for each pool based on

the INDAS 109 validated through independent third parties

We suggest Bank to please engage third part for validation which will

also help avoid conflict of interest

Validation as required will be carried out. NABARD will identify third party

141 General Please clarify if bank has a preference for any database, ETL,

reporting tool etc. which may be due to existing license etc.

No

142 58 28 contract will be for a period of six years which includes Implementation

period of 1 year and AMC/ATS for a period of five years

Please clarify timeline for completion of implementation. Sec 37 n

mentions max. go live time as 9 months. This scale and complexity

project needs min 15 months to go live in phases. Some solution can

go live in 9 months, others in 12 an final in 15 months. There is also

inter-module dependency for ICAAP, ECL

The Implementation period is 12 months from the date of acceptance of purchase

order.

143 55 22 -

Indemnification(bullet

point 2)

The Bidder shall indemnify, protect and save NABARD and hold NABARD

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 (i) an act or omission of

the Bidder, its employees, its agents, or employees of the partner’s in the

performance of the services provided in pursuance of this RFP (ii) breach of

any of the terms of this RFP or breach of any representation or warranty by

the Bidder, (iii) use of the deliverables and or services provided by the

Bidder, (iv) infringement of any patent, trademarks, copyrights etc. or such

other statutory infringements in respect of all components provided to fulfil

Bidder can only agree for indemnity with regard to third party claims

that too for breach of third party IP rights and any loss to life and

death that would have caused to any third party due negligence acts

of Bidder. Hence, Bidder recommends deletion of indemnity for

breach of contract and for mere acts and omissions. Any inter party

claims can be addressed under limitation of liability clause.

Not accepted

144 56 22 -

Indemnification(bullet

points 3, 4 & 5)

The Bidder shall further indemnify NABARD against any loss or damage to

NABARD’s premises or property, data, loss of life, etc., due to the acts of

the Bidder’s employees or representatives.

The Bidder shall further indemnify NABARD against any loss or damage

arising out of loss of data, claims of infringement of third party copyright,

patents, or other intellectual property, and third-party claims on NABARD

for malfunctioning of the equipment or software or deliverables at all

points of time, provided however, (i) NABARD notifies the bidder in writing

in a reasonable time frame on being aware of such claim, (ii) the Bidder has

sole control of defence and all related settlement negotiations, (iii)

NABARD provides the Bidder with the assistance, information and

authority reasonably necessary to perform the above, and (iv) NABARD

Bidder recommends indemnity obligation only for third party claims

that too for breach of third party IP rights. Remaining claims will get

addressed under liability clause. Especially any party claims will be

addressed under Limitation of liability clause. Hence, request for

deletion of referring indemnity for data loss.

Bidder can provide indemnity for breach of third party IP rights only

when, Bank uses the Services as per the instruction, guidelines and

as per the terms agreed under the agreement. It should not use the

Services in conjunction with any third party product (or) against the

instructions of Bidder where, breach would have been avoided if

Bank uses Services as per the guidelines of Bidder.

Not accepted

145 56 23 (PBG) The successful bidder shall submit a Performance Guarantee issued by a

Scheduled Commercial Bank in favour of NABARD as per the format given

in Annexure-16 for 10 % value of the contract in Indian Rupees along with

the letter of acceptance of the assignment.

The Bidder shall furnish to the Bank, the Performance Guarantee within 30

days from the date of signing of contract. The Performance Guarantee

should be valid for the entire project period. The term ‘Project

period/duration of project/tenure of project’ used in this RFP is of six years

which includes Implementation period of 1 year and AMC/ATS for a period

of five years.

The proceeds of the performance Guarantee shall be payable to the Bank as

compensation for any loss resulting from the Bidder’s failure to complete

its obligations under the Contract. The Performance Guarantee shall be

denominated in Indian Rupees and shall be by way of Bank Guarantee

issued by a Private Sector/ Public Sector Banks in India (other than

Bidder recommends PBG equal to 5% of contract value with a

validity equal to actual contract duration. Bidder to be given cure

period before Bank can actually invoke PBG. Bank to liquidate PBG

only for material breach on the part of Bidder which is not cured

during cure period of 30 days. Any extension of PBG due to

extension of contract term shall be subject to confirmation of Bidder

too.

Not accepted

146 57 24 The material ( software etc.) supplied under the RFP shall be fully insured

by the successful Bidder against loss or damage incidental to manufacture

or acquisition, transportation, storage, delivery and installation. The

insurance shall be obtained by the Bidder naming NABARD as the

beneficiary, for an amount Equal to 100% of the invoiced value of the goods

on “all risks" basis. The period of insurance shall be up to the date the

supplied components are accepted and the all rights of the property are

transferred to the Bank in the Bank’s premises.

Bidder will have enterprise level insurance packages in place, which

will be availed for its business requirements. It cannot name Bank as

a beneficiary but, will ensure to have all the necessary insurances in

place that would require as per laws of the land. Hence, request for

deletion of naming Bank as beneficiary.

Not accepted

147 58 29 The Successful Bidder must strictly adhere to the time schedule, as

specified in the Contract, executed between the Bank and the bidder,

pursuant hereto, for performance of the obligations arising out of the

contract and any delay will enable the Bank to resort to any or all of the

following at sole discretion of the Bank.

(a) Penalty;

(b) Termination of the agreement fully or partly



implementation cost to the bidder for each week of delay as penalty. Project

Implementation cost in this context refers to total expenditure expected to

be incurred by the bank for procurement, design and implementation of

software solutions required to lay down Enterprise-wide Integrated Risk

Management Architecture in accordance with the International Best

Practices and Guidelines of RBI/BCBS on Basel II, Basel- III. The cost does

not include Cost of Hardware procured for the implementation. This

penalty will be subject to an upper limit of 10% on the total project

implementation cost. Thereafter the order/contract may be cancelled and

amount paid if any, may be recovered with 1.25% interest per month. Any

deviations from the norms would be treated as breach of the contract by the

bidder and will be dealt with accordingly. The delay will be measured with

Bidder recommends Penalty for any delay that can be solely

attributable to Bidder to be calculated @ 0.5% of delayed deliverable

per week (instead of calculating on total implementation cost) up to a

cap of 3% of delayed deliverable that is deliver late. Bidder to be

given cure period of 30 days before Bank can actually start imposing

penalties. Penalties to be restricted for Bidders failure to achieve

critical mile stones.

Not accepted

148 59 30-Confidentialtiy

information between the Bank and Vendor/Bidder. Any such information

shall not be passed on in part or in full to any third party without the

Bank’s prior written approval.

the Contract shall be in writing and shall be hand-delivered with

acknowledgment thereof, or transmitted by prepaid registered post or by

recognized courier, or by facsimile, provided that where such notice is sent

by facsimile, a confirmation copy shall be sent by pre-paid registered post

or by recognized courier within five days of the transmission by facsimile,

to the address of the receiving party by the other in writing, provided any

change of address has been notified at least ten days prior to the date on

which such notice has been given under the terms of the contract.

given on date of delivery if hand-delivered; if sent by registered post or by

recognized courier, then on the expiration of seven days from the date of

posting; and if transmitted by facsimile, then on the next business date

after the date of transmission.

The Successful bidder shall not, without the Bank’s prior written consent,

disclose the Contract, or any provision thereof, or any specification, plan,

drawing, pattern, sample or information furnished by or on behalf of the

Bank in connection therewith, to any person other than a person employed

by the Successful bidder in the performance of the Contract. Disclosure to

any such employed person shall be made in confidence and shall extend

only as far as may be necessary for purposes of such performance.

consent, make use of any document or information pertaining to this

Bidder recommends for mutual confidentiality undertaking so that,

it can protect the confidential information that Bidder would share

while submission its proposal or during delivery of services. Also,

recommends standard exceptions to the obligation to maintain

confidentiality of the shared confidential information apart from a

limit on the obligation to maintain confidentiality of the received

information.

Not accepted

149 61 32(Termination) a) Termination For Default

by written notice of 30 days of default sent to the Successful Bidder, may

terminate this Contract in whole or in part:

a. If the Successful Bidder fails to deliver any or all of the deliverables

within the period(s) specified in the Contract, or within any extension

thereof granted by the Bank; or;

b. If the Successful Bidder fails to perform any other obligation(s) under

the contract.

c. If the Successful Bidder, in the judgment of the Bank has engaged in

corrupt or fraudulent practices in competing for or in executing the

Contract. Corrupt practice means the offering, giving, receiving or soliciting

of anything of value or influence the action of a public official in the

procurement process or in contract execution; and “fraudulent practice”

means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of the Bank, and

includes collusive practice among Bidders (prior to or after bid submission)

designed to establish bid prices at artificial non-competitive levels and to

deprive the Bank of the benefits of free and open competition.

In the event, the Bank terminates the Contract in whole or in part, the Bank

may procure, upon such terms and in such manner as it deems

appropriate, Goods or Services similar to those undelivered, and the

Successful Bidder shall be liable to the Bank for any excess costs for such

Bidder recommends for mutual termination right only for material

breach on the part of other party. Also, recommends for 30 days cure

period before defaulting party can terminate the contract. Bank to

procure at its cost any undelivered services. Hence, request for

modification of this clause accordingly.

Not accepted

150 62 32 ©-termination for

convenience

The Bank, by written notice of 30 days sent to the Bidder, may terminate

the Contract, in whole or in part, at any time at its convenience. The notice

of termination shall specify that termination is for the Bank’s convenience,

the extent to which performance of work under the Contract is terminated

and the date upon which such termination becomes effective

Termination shall be invoked only for serious and material breaches

and not for minor breaches/delays or for convenience.

Not accepted

151 62 32( e) consequences of

termination

In the event of termination of the Contract due to any cause whatsoever,

[whether consequent to the stipulated term of the Contract or otherwise],

the Bank shall be entitled to impose any such obligations and conditions

and issue any clarifications as may be necessary to ensure an efficient

transition and effective business continuity of the Service(s) which the

Bidder shall be obliged to comply with and take all available steps to

minimize loss resulting from that termination/breach, and further allow

the next successor Bidder to take over the obligations of the erstwhile

Bidder in relation to the execution/continued execution of the scope of the

Contract.

the term of the Contract, a decision not to grant any (further) extension by

the Bank, the Bidder herein shall be obliged to provide all such assistance

to the next successor Bidder or any other person as may be required and as

the Bank may specify including training, where the successor(s) is a

representative/personnel of the Bank to enable the successor to adequately

provide the Service(s) hereunder, even where such assistance is required to

be rendered for a reasonable period that may extend beyond the

term/earlier termination hereof.

Performance Bank Guarantee and other guarantees, securities furnished

Bidder recommends, any transition services either due to

termination or expiry shall be subject to mutually agreeable

transition charges. Also, recommend not to link liquidating PBG to

transition services.

Not accepted

152 53 & 133 Point 3 of Bid Form -

Annexure 19

(3) AND WHEREAS it is one of the condition of the said tender that the

Tenderer shall deposit with the NABARD at the time of submitting the

tender a sum of `.-------- /- (Rupees ------------------------------------------------

--------------only) as and by way of Bid Security (BS), which Bid Security

(BS) shall not bear any interest and which shall be liable for forfeiture in

the event of the Tenderer, after acceptance of his tender by NABARD,

failing to observe any of the terms and conditions of the tender or the

Tenderer not supplying the said software to the satisfaction of NABARD

and / or its Consultants.

Bid security can only be forfeited if, Bidder misrepresents/provides

wrong information (or) withdraws its proposal before proposal

validity period. But, not for failure of Bidder to accept any order in

time (or) for not delivering SW in time for which the Bank has got

PBG. Hence, recommend deletion of obligations which are actually of

post bidding in nature.

“and which shall be liable for forfeiture in the event of the Tenderer, after

acceptance of his tender by NABARD, failing to observe any of the terms and

conditions of the tender or the Tenderer not supplying the said software to the

satisfaction of NABARD and / or its Consultants” stands deleted.

153 134 -135 Point 4 of Bid Form -

Annexure 19

Entire point 4 of Annexure 19 talks about liquidating Bid Security without

confirmation of Bidder and at the sole discretion of NABARD. Bid security

will be valid for 6 months ever after expiry period.

Bidder recommend any forfeiting of Bid Security shall be restricted

for non compliance to RFP T&C's (or) for premature withdrawal of

proposal.

NABARD shall approach Bank with original copy of documents

about Bidder's premature withdrawal of proposal (or) copy of written

refusal of Bidder to execute the contract with modified clauses

suggested by Bidder at the time of tender submission and thereafter

agreed by NABARD.

Not accepted

154 141 point 8 of Annexure 20:

Pre Contract Integrity

Pact

The BIDDER undertakes that it has not supplied/s not supplying similar

product/systems or sub systems at a price lower than that offered in the

present bid in respect of any other Ministry/Department of the

Government of India or PSU and it is found at any stage that similar

product/systems or sub systems was supplied by the BIDDER to any other

Ministry/Department of the Government of India or a PSU at a lower price,

then that very price, with due allowance for elapsed time, will be applicable

to the present case and the difference in the cost would be refunded by the

BIDDER to the BUYER, if the contract has already been concluded.

This is a kind of condition that compel Bidders to reduce the price in

comparison with the low price that it would quote / would have

quoted to other similarly placed customers. But this cannot be

considered as fair trade practice. Bidder being service provider would

quote different rates for different customers based on that particular

customers requirement which will definitely vary with the

requirements of NABARD. Even, if the scenario is one and the same

still, the price that was quoted for all previous customers would be

less than the quote that we will quote today for NABARD due to

escalation in consumer price index. Hence, we cannot compare

prices that we have quoted to customers in the past with that of the

price that we would quote for NABARD. This is a pure sign of unfair

trade practice and making it part of Integrity pact is not

recommended. Hence, request for deletion of this condition.

Not accepted

155 147 Annexure 24 - Terms

and Conditions

Compliance table

The Offer must specify the unconditional willingness to abide by the Terms

and Conditions of the Tender. The Terms and Conditions specified

elsewhere in the Tender should be complied along with the compliance /

conformity / willingness to offer as per the terms of the Tender towards

requirements of the Bank as under:

Is the Bidder only allowed to propose its preferred positions with

regard to the clauses that were referred / listed in the Annexure 24

(or) can it also propose changes to the terms and conditions of the

RFP in the format provided in Annexure 24 ?

Not accepted

156 Bidders liability the shared RFP is silent with regard to Bidders liability. Bidders recommends for express liability clause by limiting aggregate

liability of Bidder to Annual contract value with waiver for indirect

and consequential losses.


157 Intellectual Property

Rights

the shared RFP is silent with regard to IP rights of the parties. Bidder recommends that, Back ground IP will be owned by

respective parties. Foreground IP will be owned by Bidder and

Bidder will provide license to Bank. If any Background IP is used in

deliverables then, Bidder will give license to use by Bank during the

existence of contract for its internal business requirements.

Not accepted

158 Pricing and Payments the share RFP is silent with regard to credit period. Bidder recommends for a credit period of 30 days starting from the

date of invoice. Bank to pay delay interest on all invoices that are not

paid within this credit period. In addition, Bidder shall have right to

suspend services if, Bank does not pay within 15 days of notice from

the due date. Bidder shall not be responsible for any loss that may be

caused to Bank due to such suspension.

Not accepted

159 48 11 NABARD may give orders for additional items/services at the same price

anytime within the contracted period

NABARD may give orders for additional 5% items/services at the

same price anytime within the contracted period. Beyond 5% price

needs to be mutually agreed upon between both the parties.

Not accepted

160 48

58

11

26

The prices once offered must remain firm and must not be subject to

escalation for any reason within the period of validity. The entire

benefits/advantages, arising out of fall in prices, taxes, duties or any other

reason must be passed on to NABARD

Any reduction in prices due to the vendor reducing the prices, reduction in

duties, taxes etc., by the Government, shall be passed on to the Bank during

the validity period.

No Price Variations

The price shall be quoted by the Bidder in the specified Price-bid format

given in Annexure-12 only. The price as finally agreed between the Vendor

and NABARD shall be final and it shall not be subject to escalation for any

reason whatsoever. In other words the commercial offer shall be on a fixed

price basis. No upward revision in the prices would be considered on

account of subsequent increases in government taxes, duties, levies, etc.

However, if there is any reduction on account of government taxes, duties,

local levies, etc. during the offer validity period, the same shall be passed on

to NABARD.

If, after the submission of Financial Bid, there is any change of rate

of tax/levy under the existing applicable Laws of India with respect

to taxes and duties, which are directly payable by the bidder for

providing the services which increase or decreases the cost incurred

by the bidder in performing the Services, then the amount otherwise

payable to the bidder under this Agreement shall be increased or

decreased accordingly by correspondence between the Parties hereto.

In case of any new or fresh tax or levy imposed after submission of

the Proposal the bidder shall be entitled to reimbursement on

submission of proof of payment of such Tax or Levy.

Not accepted

161 48 & 49 12 Payment: Software Payment for Software shall be made 100% on delivery.

162 48 & 49 12 Payment: Implementation

Successful completion of current state assessment, gap identification and

resolution, and systems requirement specifications (SRS) sign off, BRD

acceptance, Successful completion of parameterization, configuration and

customization of software. Application Programming Interface (API)

development, Data Migration and Report

Generation 20.00%

Final UAT sign off and ’GO LIVE ’ 30.00%

Implementation

Successful completion of current state assessment, gap identification

and resolution, and systems requirement specifications (SRS) sign

off, BRD acceptance - 20.00%

Successful completion of parameterization, configuration and


development, Data Migration and Report

Generation - 20.00%

163 48 & 49 12 Payment: AMC / ATS/ Helpdesk support shall be paid quarterly in

arrears. However it can be paid at the start of each year after furnishing

Performance Bank guarantee by the vendor of equivalent amount valid for

one year. This PBG will be separate from Purchase order PBG.

AMC / ATS shall be paid yearly in advance for the subsequent years.

Onsite Application Support / Remote Application Support /

Helpdesk support shall be paid monthly in arrears.

164 48 & 49 12 Payment Payment shall be made within 30 days from the date of Invoice.

Bidder seeks right to terminate the contract in the event of delay in

payment of undisputed invoice.

Late payment will bear an interest of 2% per month.

165 56 23 Security deposit by way of Performance Bank Guarantee

The successful bidder shall submit a Performance Guarantee issued by a



the letter of acceptance of the assignment.



its obligations under the Contract. The Performance Guarantee shall be

denominated in Indian Rupees and shall be by way of Bank Guarantee

1. Performance guarantee (PBG) to be provided at 5% of annual

contract value and shall be renewed yearly at 5% of relevant

subsequent year’s contract value.

2. Customer shall invoke the PBG only on occurrence of material

breach and after providing 30 days cure period to the bidder to

rectify the material breach for which the PBG is sought to be

invoked.

Not acceptable


166 58 29 Delay in adhering to the project timelines/Liquidated damages

The Successful Bidder must strictly adhere to the time schedule, as

specified in the Contract, executed between the Bank and the bidder,

pursuant hereto, for performance of the obligations arising out of the

contract and any delay will enable the Bank to resort to any or all of the

following at sole discretion of the Bank.

(a) Penalty;

(b) Termination of the agreement fully or partly

If there is any delay in the implementation of the project due to bidder

Liquidated damages should be applicable only in the event of delay

in delivery is solely attributable to the Bidder and should be

computed at the rate of 0.5% of the value of the affected service or

product per week subject to the maximum of 5% of the value of

affected service or product.

Agreement can be terminated in case of material breach only after

giving 30 days cure period.

Not accepted

167 61, 62 & 63 32 a) Termination for default

d) Termination – Key Terms & Conditions

f) Exit Option

This contract may be terminated only on the ground of bidder being

in material breach of its obligations under the Agreement after

bidder has been notified in writing of the nature of the material

breach and been provided with a 30 days period to cure such

material breach.

Bank shall make all the payments for products / services delivered by

the Bidder and any liability towards the third party vendors till the

date of termination. Bank shall also be liable to pay stranded cost to

the bidder in case of termination.

Not accepted

168 62 32 c) Termination for convenience Termination shall be invoked only for serious and material breaches

and not for minor breaches/delays or for convenience. The clause

may be deleted

Not accepted

169 79 & 80 37 (m) SLA for Hardware & Software Maximum SLA Penalties should be capped at 5% of the applicable

service fees for that month.


170 Page

Number 15

Clause No. 2 "Tender

Notice", Point Number

23

NABARD would provide the required hardware in its DC for hosting the

ERMS software. The details of the Hardware required for the ERMS

solution may be indicated in the format given in Annexure 35.

We would request you to please share the BoM & Technical

Specifications of the Hardware to be provided by NABARD for

hosting the ERMS software.

Details and specification of hardware isexpected to be worked out by the bidder and

provide it as per Annexure 35

171 Page

Number 16

Clause No. 2 "Tender

Notice", Point Number

32

All software’s proposed in the solution shall be compatible with the

hardware set up of NABARD.

We would request you to please share the BoM & Technical

Specifications of the Hardware to be provided by NABARD for

hosting the ERMS software.

Details and specification of hardware isexpected to be worked out by the bidder and

provide it as per Annexure 35

172 Page

Number 18

Clause No. 4 "Who can

submit the bid?", Point

Number f

One bidder in the capacity of SI can partner with multiple OEMs (for

separate modules such as credit risk, market risk, operational risk,

compliance risk, IFRS 9 and ECL calculation) to provide EWIRM Solution

through this bid.

We would request you to please change the clause as:

One bidder in the capacity of SI can partner with multiple OEMs /

Authorized Partner (for separate modules such as credit risk,

market risk, operational risk, compliance risk, IFRS 9 and ECL

calculation) to provide EWIRM Solution through this bid.

Not accepted

173 Throughout

RFP

N.A. N.A. The RFP allows the SI to partner with OEM to bid for this RFP. We

would request you to please allow the SI to bid either with the OEM /

Authorized Partner.

Not accepted

174 38 8. Scope of Work - f)

Broad Scope of Work

To achieve compliance with Basel-I/Basel- II/Basel- III norms and IndAS

guidelines.

Please provide reference to IndAS guidelines for Basel III

implementation

As per RFP

175 50 13. Eligibility Criteria -

Minimum Eligibility

Criteria (6)

Experience in co‐operative banks (State Co‐operative Banks, District

Central cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not


Will NABARD accept implementation experience/ reference in

African countries (GT Bank, Nigeria)

Will NABARD accept implementation experience/ reference in

microfinance banks in India (Equitas, Chennai)

Will NABARD accept experience /reference of projects under

progress in Indian nationalized bank which are being implemented

with partner (OCB)

Not accepted

176 196 and 199 Annexure 31 –

Functional

Requirements iii.

Functional Requirement

for Business Continuity

Management (BCM)

Plan

and

Annexure 31 - iv.

Functional

Requirements for

Compliance Risk:

BCM and Compliance risk has been mentioned as part of annexure and not

the main document

Does the scope include implementation of solutions for –

1. Business Continuity Management (BCM)

2. Compliance Risk

3. IFRS 9

In addition to -

• Implementation of Basel I/II/III, Expected Credit loss as per RBI

and IndAS guidelines

Yes, the scope of the work includes 1. Business Continuity Management

(BCM)

2. Compliance Risk

3. IFRS 9

4. Implementation of Basel I/II/III, Expected Credit loss as per RBI and IndAS

guidelines

177 48 & 49 12. Payment (a) No Advance Payment shall be made

(b) Payment milestones

Please confirm if the payment terms and milestones are negotiable.

We would like to request for an 100% advance payment for license

and 1st year AMC based on the JMR obligations with OEM and at

least 40% advance payment for implementation. JMR standard

payment term for License and 1st year AMC is 100% upfront on

contract signing.


178 51 13.Eligibility Criteria (2) The Bidder should have average revenues in excess of 250 Cr. for the

past 3 financial years

i.e.2015-16, 2016-17 & 2017-18

The bidder should not have accumulated losses as on 31.03.2018

Request to modify this criteria and consider the revenue in excess of

30 Cr. for the past i.e.2015-16, 2016-17 & 2017-18

Not accepted

179 93 Annexure-3 Non-Disclosure Agreement Form Whether we need to submit this annexure along with RFP

response?Please clarify

Yes

180 119 Annexure-15 Specimen contract form Whether we need to submit this annexure along with RFP


No

181 132 Annexure-18 The RBI guidelines are attached separately. Whether we need to submit this annexure along with RFP


No

182 136 Annexure-20 Pre Contract Integrity Pact Whether we need to submit this annexure along with RFP


Yes

183 General General Hardware and Technology Software Whether we need to proposal Hardware and Technology Software

also? Please clarify

The details are mentioned in the price bid (Annexure 12) and sizing of hardware as

per Annexure 35

184 General General Extension Considering the RFP and in order to provide quality response, we

request for 3 weeks of extension on current submission due date

Not accepted

185 13.

Eligibility

Criteria

2. The Bidder should have average revenues in excess of Rs. 250 Cr. for the

past 3 financial years i.e.2015-16, 2016-17 & 2017-18 The bidder should not

have accumulated losses as on 31.03.2018

Copies of Annual Reports in case of listed companies and copies of Audited

balance sheets and P&L statements in case of others

Request to please accept Provisional balance sheet for the year 2017-

18.

Please consider.

Accepted. In this circumstances the bidder is expected to submit the 2014-15

audited balance sheet and also sumbit the audited B/S of 2017-18 if selected .

186 13.

Eligibility

Criteria

6. The bidder must be in the business of providing/Implementing solutions








The clause may be modified as under:

The bidder / OEM must be in the business of

providing/Implementing solutions for Standardised Approach for

Credit Risk, Market Risk, Operational Risk under BASEL II/III

guidelines, Governance, Risk & Compliance (GRC) & IndAS

(Expected Credit Loss calculation) for scheduled commercial


31.03.2018. Experience in co‐operative banks (State Co‐operative

Banks, District Central cooperative banks, Urban Co‐operative banks,

RRBs etc.) shall not be considered for evaluation.

Not accepted. Both bidder and the OEM should have the experience required

187 13.

Eligibility

Criteria

9. The Bidder should have experience with supply, installation,

customization, integration, training and maintenance of Integrated

Solution in Scheduled Commercial bank/ financial institution in India.

Request to please modify the clause as under:

The Bidder should have experience with supply, installation,

customization, integration, training and maintenance of Integrated

Solution in Scheduled Commercial bank/ financial institution /

Government sectors, in India.

Not accepted

188 Successful completion of current state assessment, gap identification and

resolution, and systems requirement specifications (SRS) sign off, BRD

acceptance, Successful completion of parameterization, configuration and


development, Data Migration and Report Generation - 20%

Successful completion of current state assessment, gap identification


off, BRD acceptance, Successful completion of parameterization,

configuration and customization of software. Application

Programming Interface (API) development, Data Migration and

Report Generation - 40%

189 Final UAT sign off and ’GO LIVE ’ - 30% Final UAT sign off and ’GO LIVE ’ - 30%

190 Training to all users (end users and core users) & Complete Documentation

(including user manuals), Documentation of functional capabilities of the

software and training reference materials. - 10%

Training to all users (end users and core users) & Complete

Documentation (including user manuals), Documentation of

functional capabilities of the software and training reference

materials. - 10%

191 On completion of 1 year of live implementation of the corresponding

module under EWIRM solution - 20%

On completion of 1 year of live implementation of the corresponding


192 On completion of 2 years of live implementation of the corresponding


On completion of 2 years of live implementation of the

corresponding module under EWIRM solution - 10%

193 33 Provide a resource for a

period of 6 months to

input/ upload the Bank’s

data including the data

uploading from the

physical records.

c) Responsibilities of Bidder Point Number 17. Data/resource of what kind. It is as clarified in para 8 © (17). The Bank's data may be in digital or physical

records. All such data shall be uploaded by the resource in the defined template in

ERM database

194 33 23. Provide all statutory,

regulatory Management

Information System

(MIS), adhoc MIS

(including development

if needed) and Executive

Information System

(EIS) reports as required

by the Bank in the

desired format as per

regulatory and Bank’s

requirements.

c) Responsibilities of Bidder Point Number 23. What is list of reports which needs to be reported by the

Bank.Which areas of reporting will be considered for KPI

List of reports furnised under Functional Requirements under each category.

195 31 4. The bidder shall

Implement an EWIRM

solution which is capable

of:

c) Responsibilities of Bidder Point Number 4. How is the current CBS set up, what details are being captured?

Please provide a list

Required details are furnised in Annexure 29.

196 31 4. The bidder shall

Implement an EWIRM

solution which is capable

of:

c) Responsibilities of Bidder Point Number 4. Is the bank following any regulatory compliance as of today Basel I/

II/ III

The bidder may refer to para 8 (b) under scope of work.

197 31 c) Responsibilities of Bidder Point Number 4. Except what is explicitly stated in the RFP, what are the Bank’s other

internal requirements (Pg. 31). Please list the above requirements to

assist us in scoping

Any item of work required for /related to successful implemnetaion of EWIRMS

12.

Payment

As per corrigendum

198 33 27. Bidder should install

& configure various

components of the

complete solution. The

bidder shall interface the

proposed solution with

external systems in the

Bank including

Bloomberg, Reuters,

FIMMDA, AMFI for

Market Risk, External

Rating agencies and RBI

Statistics, handbook on

Indian Economy for

Credit Risk, IBA for

Operational Risk or any

other system prescribed

by the Regulator or

c) Responsibilities of Bidder Point Number 27. Does the bank has subscription based services to any of the rating

agencies, macroeconomic indicators. Or only publicly information

needs to be used.


199 38 6. The solution/s offered

should be web based,

open platform and

support data transfer

and consolidation from

the networked systems

either online or dial up.

f) Broad Scope of Work In many cases solution may not be available on a web-based

platform.

Small work arounds may be acceptable at Banks discretion

200 58 The contract will be for a

period of six years which

includes Implementation

period of 1 year and

AMC/ATS for a period of

five years. It is further

stipulated that the

contract period shall not

end before the

implementation of

CRMS, ICAAP, ECL

calculation, ORMS and

GRC & MRMS system to

the satisfaction of Bank.

28. Time period for completion of assignment Is there be any matrix for evaluation of work done or completion

status.

A suitable matrix for evaluation of done work/to track completion status shall be

devised.

201 158 1.1 The system should be

able to house at least 120

indicators dependent on

data from the source

system

Requirement for Credit Risk A) What is the level of current information being captured in CBS or

any other data sources at NABARD?

B) Do the head office/regional office have access to same data

sources as the head office?

C) are there any current scorecards/rating process in place at the

bank?

A. The information given in Annexure 29. B. Yes

C. Yes

202 160 2.1 System must be able

to house at least 100

KRIs across the Bank.

2. Key Risk Indicator (KRI) a) What is the level of current KRIs at the bank? The bank is in the process of setting up KRI framework.

203 162 Compliance Risk Index

Dashboard: Report must

display the Compliance

Risk Indices across

various Business Units

and at Bank level basis

Bank’s methodology

6.Compliance Is there any reporting/compliance reports being published at the

bank?

Yes

204 162 1.1 System should

support batch run

execution for all the

processes including

valuation, VaR, limit

reports, regulatory/non-

regulatory reports

generation

Requirement for Market Risk Are the current market risk models excel based or any software

based.

Most of the market risk models are excel based.

205 167 The system should be

capable of computing PD

for each borrower rating

grade, LGD for each

facility rating grade and

EAD for each facility in

case of corporate based

on the IND AS 109

B. Internal Rating System (applicable to all types of credit and investment

exposures)

Depending on the portfolio, varied approaches are undertaken to

calculate losses at portfolio level. It may not be possible to compute

PD,LGD separately at all times.

The system should be able to compute PD, LGD and EAD based on an appropriate

methodology adopted by the Bank for each portfolio/rating grade level


capable of performing

pooling based on

statistical analysis,

scores and expert

judgment. At a minimum

the system should

support clustering

techniques such as

CART, CHAID and

regression trees etc. The

logic of pooling should

be configurable in the

system. The pooling

logic is subject to

change on at least at a

yearly basis. Hence the

definition of pooling

logic should be through a

graphical user interface

and should not require

4. Expected Credit Loss (ECL) Computation What level of changes are expected in the pooling logic on an

ongoing basis.

The pooling logic would be modified based on the validation results, the changes

may be in the form of but not limited pooling criteria, number of pools, etc.

207 184 The system should have

the capability to map the

existing Organization

Structure to the relevant

Business Lines as per

Basel-II/III and

Regulatory guidelines.

Sl No: Operational Risk Functional Requirements What are the current levels of existing Organization Structure and

mapping to current business lines.

The mapping process in under progress

208 193 9.17 The system should

generate VAR for each

scenario as well as

aggregated VAR at

Business line level and

Bank wide level. Vendor

should independently

develop and validate the

VAR measures using

statistical tools.

8 Capital Computation – Basic Indicator Approach How is the current VaR Reporting done at the bank. What software

are used in computation of VaR models.

VAR is only used for Market Risk at present.

209 199 Compliance Risk

Functional Requirement

iv. Functional Requirements for Compliance Risk: “Will functional requirements under Compliance Risk work stream

include the role of NABARA in conducting supervisory audits /

ensuring implementation of guidelines issued RRBs (Regional Rural

Banks) as well or will it be limited to regulations issued by RBI &

GOI for NARABD?“

It is limited to the compliance guidelines issued by regulator/GOI for NABARD.

210 165 The new system should

be both FIRB and AIRB

compliant and should

also compute the

standardized approach

capital in the parallel

run. Once the new

system stabilizes, all the

calculations

(standardized approach,

FIRB and AIRB) will

happen on the new

system only.

B. Internal Rating System (applicable to all types of credit and investment

exposures)

At what stage is the Bank in respect to advanced approaches of

different risks i.e. Credit risk, Market risk and operational risk?

The bidder may refer to para 8 (b) under scope of work

211 36 9. Design, size, procure

and implement UAT/test

infrastructure

d) Broad level overview What are the banks expectations in reference to “Assistance in

performing UAT”. Whether the consultant’s scope will be limited to

developing test cases or does the bank expect the consultant to

validate the same and provide sign offs

The consultants are expected to prepare the test cases and assit the

department/project management consultants in sign offs.

212 169 4.10 The solution should

support development of

multiple PD, LGD &

EAD models and should

enable for validation (as

per the requirements of

working paper 14 of

Basel Committee on

Banking Supervision or

any modification

thereof).

4. Expected Credit Loss (ECL) Computation How many validated Credit Risk rating or scoring models are in

place for Corporate/wholesale/FI/NBFC/RRB/SCB etc. portfolios?

Please provide a list of the above.

Currently the Bank has 16 Borrower Rating Models and 4 Facility Rating Models.

List of the rating models would be shared with the selected bidder.


able to house at least 120

indicators dependent on

data from the source

system

1. Early Warning Signals Early warning model/parameters are in place for the Bank or are

needed to be developed?

The bank is in the process of developing EWS framework.


separately compute ECL

under IND AS 109

guidelines. The solution

should support Multiple

Approaches

simultaneously, if

required.

4. Expected Credit Loss (ECL) Computation Kindly provide the expectations on advance approaches. Does the

Bank have approved methodologies (including all its components)

for FIRB/AIRB, IMA and AMA?

The Bank currently does not have approved methodology in place, however it is in

the process of developing the same

215 170 The solution should be

able to capture all the

Bank Customer Types

and Bank Product Types

and should be able to

reclassify/categorize

them as Basel asset class

wise. The solution should

support categorization of

asset classes and sub

classes as defined as per

IRB approaches as given

the Basel II/III Accord /

RBI guidelines

(Corporate, Sovereign,

Bank, SME, SL classes,

Retail, QRRE, equity,

purchased receivables,

securitized etc.). The

system should be capable

of compute bank-wide

and asset class wise

(including sub-categories

like product-wise,

specialized lending,

SME, vertical wise etc.)

RWA, EL, UL and

4. Expected Credit Loss (ECL) Computation Please provide the expectations on the following whether the Bank

already possesses the approved methodology and will be directly

provided for configuration on or the consultant is expected to

develop the same;

• Probability of Default for different credit models including term

structures of PD

• Loss given default models for different portfolios

• Credit conversion factors for different models

• Value at Risk models for different portfolios including Variance

Covariance approach, Monte Carlo simulation and historical

methods

• Completed Risk Control Matrices for the entire Bank

• Defined Key Risk indicators across the group and their thresholds

• Loss database including loss amounts and near miss events

• Business line mapping definition

• Frequency and severity models and their interdependence

• Defined Scenarios for operational risk quantification

• Economic capital models

• RAROC models

The Bank currently does not have approved methodology in place, however it is in

the process of developing the same

216 171 4.33 System should

enable validation of any

parameters (PD, LGD,

EAD, Maturity, CCF,

collaterals etc.) used in

the system to ensure that

the inputs to the

regulatory capital charge

are reliable e.g..

Capability to allow the

user to run sensitivity

analysis and analyze the

impact on capital

4. Expected Credit Loss (ECL) Computation Is performing validation a part of the scope or only validation

procedures to be configured in the model?

Yes, validation is part of scope of work


able to define an

unlimited number of

term structures for a

satisfactory coverage of

the various markets

within a specific

currency (LIBOR, bond,

swap, etc.)

3.5 Generation of Term Structures For Term structure of interest rates, has the Bank developed and

tested the curves and associated instruments (Base curves and par

rates to be used for each currency, Finalization Tenor spreads and

cross spreads)? Or there is an expectation that the consultant will

develop the different term structures for rates

SI will develop the different term structures for rates


able to define an

unlimited number of

term structures for a

satisfactory coverage of

the various markets

within a specific

currency (LIBOR, bond,

swap, etc.)

3.5 Generation of Term Structures 1. For valuation of financial instruments, has the Bank developed

and tested the methodologies? Or there is an expectation that the

consultant will develop the different term structures

Consultant (successful bidder) shall implement FIMMDA / RBI prescribed

methodologies for valuation of financial instruments


have a Pillar-II module

which supports ICAAP

analysis of all material

Pillar-II risks of the Bank

and do capital

computation, for risks

like concentration risk

(RO wise, state wise,

industry/ sector wise,

product wise, vertical

wise rating-grade wise,

interest rate-wise, group-

wise, borrower-wise

etc.), reputation risk,

strategic risk, compliance

risk, underestimation of

risk under standardized

approach, model risk,

liquidity risk, interest

rate risk, forex risk etc.,

as per relevant RBI/

Basel guidelines on Pillar-

II.

5. ICAAP and Pillar 2 Requirements Are the quantification of Pillar2 risk under ICAAP available with the

Bank? Is the expectation to develop the same or qualitative criterion

to be used?

The Bank is in the process of developing approaches for quantification of Pillar 2

risks under ICAAP.

220 17 4. Who can submit the

bid?

3. Instructions for Bidders Can the Bank relax points a and l from section who can submit the

Bid on page 17 ?

No

221 155 Annexure-29 Present Setup of IT Systems of the Bank what is the IT solution for Treasury and Asset Liability Management

Solution (TALMS) package

As given in Annexure 29. The package is fully implemented

222 155 Annexure-29 Present Setup of IT Systems of the Bank What is final implementation date for TALMS package As given in Annexure 29. The package is fully implemented

223 155 Annexure-29 Present Setup of IT Systems of the Bank Whether an interface to be built to TALMS package or TALM data

would be available in Data warehouse, if any

No datawarehouse at present.

224 155 Annexure-29 Present Setup of IT Systems of the Bank What is final implementation date for Centralized Loan Management

and Accounting System (CLMAS)

Fully Implemented

225 155 Annexure-29 Present Setup of IT Systems of the Bank Whether an interface to be built to CLMAS package or CLMAS data

would be available in Data warehouse, if any

No datawarehouse at present.

226 155 Annexure-29 Present Setup of IT Systems of the Bank Can we assume study and gap analysis related to CLMAS and

TALMS is outside the scope of this RFP

It is in scope of work

227 155 Annexure-31, B, 3 Present Setup of IT Systems of the Bank Any data gap in CLMAS and TALMS is outside the scope of this RFP

and to be fixed by the concerned vendors of CLMAS and TALMS

Data gaps, if any is to be inputed through a work around by the SI and is in the

scope of work

228 168 Annexure-30 Internal rating models Whether bank is already having such models and expect the vendor

to configure them, besides pre-packaged models available in the

software. Same question apply to other models under Market risk,

Operational risk, ICCAP etc.

NABARD is in the process of finalising the Inernal rating models and expect the SI

to configure them.

229 187 Annexure-31, Functional

Requirements for

Operational Risk, 2.19

The external loss data points in the external loss database should have the

following data points,

Whether bank is already having access to the external data or has

subscribed to a vendor for the same and SI is supposed to built an

interface for the same.


230 196 Annexure 29 - 14.1 Independent Modelling Platform Please clarify more on the requirements on "Independent Modelling

Platform"

Independent means the calculation / modelling engine is sepaerate from the other

modules and is dependant on those modules only for data. The statistical modeule /

platform can independently perform statstical / data analysis

231 196 Annexure 29 - 14.1 Independent Modelling Platform:

The solution should offer an independent modelling and data analytics

platform with data slicing, dicing and statistical capabilities where the Bank

can undertake data transformation, do regression analysis of loss data with

eg. KRI/RCSA scores, find out trends in the data and fit different

distributions. The tool should be easy to menu driven. The vendor should

provide complete training to the Bank for usage of the modelling platform.

Are you looking for Predictive analytics capability to be built or

scalable solution in the future?

If yes please provide repots/use cases details etc.

As per Rfp

232 44 Ultimately, the EWIRM Risk Solutions shall be linked to Enterprise Data

Warehouse (as and when operational). The solution should be able to

seamlessly interface with upcoming Enterprise Data Warehouse and shall

function as a Data Mart to the EDW.

1. Do you have project running in parallel to build data warehouse or

is it in the scope of this engagement? Please confirm

2. If yes then please clarify on the source system details like number

of source systems,

3. Please provide data entity in source systems

At present, NABARD has no project running in parallel to build data warehouse

233 44 Ultimately, the EWIRM Risk Solutions shall be linked to Enterprise Data

Warehouse (as and when operational). The solution should be able to

seamlessly interface with upcoming Enterprise Data Warehouse and shall

function as a Data Mart to the EDW.

Please provide the reports to be developed. i.e. count of reports,

complexity etc.

As specified in the Functional Requirements i.e Annexure 31

234 192 9.13 The system should have advanced analytics functions such as: system

capability to extrapolate from the distribution of observed total loss points

curve to determine the likely amount of total losses, etc. Vendor should be

able to carry out Advanced analytics function.

Please provide more information. Please clarify if you want us to

build any use advanced analytical systems/environment. If Yes

please provide the use cases for this.

As per Rfp

235 Generic What is the integration/ETL time window we have for loading data? One year is the implementation period.

236 Generic Timeframe for near real time window like secs, mins..etc. It is as per the RTO and RPO given in the bank's IS Policy

237 Generic We assume that semi structure and unstructured data integration

not in scope? Please confirm

It is in scope of work.

238 Generic what is the volume of the data to be migrated? It depends on the gaps analysis done by SI and data size is given in Annexure 29

239 Generic In what format the history data exists which need to be migrated to

new system?

Manual & Digital

240 34 8. Scope of Work


Bidder

30. Data migration should be done by the bidder from the existing data


the new system with consistency. After going LIVE the incremental data

shall be moved onto the Risk Management solutions as per the current

RTO and RPO specified in the BCM policy of the bank, bidder to provide

necessary interface or tools for the same.

a) Could you please specify different types of sources in scope for

migration?

b) would it also include unstructured data?

c) Are there any LOB (large objects) in the database in scope of

migration? Please detail.

d) Do we need to migrate any images as well?

e) Are all these systems available in the same DC or spread

geographically? If spread, please detail the location and connectivity

between the DC and its usage.?

f) What is the current IT application scenario or landscape?

a. Data could be in manual form, word document, Excel sheet or digital form. B.

May be c and d. Unlikely

e. Systems avare available in the same DC f.

Given In Annexure 29



Bidder

39. The source data before being used in the Risk Management System

should undergo review and validation. Bidder should be responsible for

migration audit designing and implementing the data quality checks and

validation by third party. Bidder needs to provide data quality

documentation and seek sign off from the Bank for data quality checks and

the results of the validation.

a) source data cleansing is not in scope. Please confirm.

b) the cleansing of data would be limited to the acceptability in the

target application. Please confirm our understanding is correct?

c) Is there any integration for online validation of data (like

PINCODES, Social Security Number etc.)?

d) Has there been any issues faced due to poor data quality eg.,

missing or incorrect data? Please detail?

e) Was there any action taken on the same and what was the result of

the action? Please detail?

a&b) Source data cleansing is in scope and would be limited to the acceptability in

the target application.

c) No online validation of data like pincodes or SSN is in place.

d&e) No issues faced due to poor data quality. Assessment of data quality and

additional inputting of data required is in the scope of work of the present bid.


g) Detailed Scope of

Work

vi. Facilitate data migration from the existing data of the bank to the new

system with consistency. All the details from the migration date till the date

of LIVE should also be migrated from the existing data to the proposed

Risk Management solutions.

a) How many source systems are there as part of the Data migration

scope?

b) how may entities are in scope for DM?

c) how many tables are in scope for DM?

d) what is the total volume of transactions in scope for DM?

e) what is the total size of data in GB to be migrated in scope?

f) Is there any master data involved? How and where is the master

data held?

All source systems and data base size is also given in Annexure 29.



Work

vi. Implementation

viii. At present, the Bank has various solutions running on both on

Windows and Linux/AIX/UNIX platforms with ORACLE and MS SQL

Server databases. The solution provided shall be capable to interface with

these databases directly. Ultimately, the EWIRM Risk Solutions shall be

linked to Enterprise Data Warehouse (as and when operational). The

solution should be able to seamlessly interface with upcoming Enterprise

Data Warehouse and shall function as a Data Mart to the EDW. The

proposed solution should be compatible to interface with the following

platforms i.e. Windows, Unix and Linux with Intel and/or RISC systems.

a) Does NABARD have Oracle Enterprise version license?

b) Would the bidder be allowed to use these licenses to install their

application / framework?

Though NABARD has Oracle Enterprise License, the bidder has to bring the

required licenses for the database for the EWIRMS solution



Work

vi. Implementation

xxi. As part of implementation all data migration (as and when required)

from the existing systems to the system proposed will be done by the

Bidder. The Bidder shall demonstrate to the satisfaction of the Bank

regarding accuracy and comprehensiveness of the data migrated to the

proposed system.

a) Data migration would be one time activity. Please confirm that the

understanding is correct?

Migration of old data would be a one time activity. However, required interfaces

has to be built by the bidder for regular updation of the database to provide the

required results from the EWIRMS solution

245 55 22. Indemnification The Bidder shall indemnify, protect and save NABARD and hold NABARD










the scope of this project.

The successful bidder shall furnish Letter of Indemnity and Undertaking in

this regard as indicated in Annexure-28.

Propose deletion. This is a broadly worded indemnity and the

customer is already seeking a number of indemnities under the

clause.

Propose deletion , we are providing indemnities under the agreement

, a separate indemnity undertaking is not required.

Not accepted

246 56 23. Security deposit by

way of Performance

Bank Guarantee



its obligations under the Contract.

Propose to replace by " the proceeds of the performance guarantee

shall be payable to the Bank in case of persistent material breach by

Bidder."

Not accepted

247 29 Penalty If there is any delay in the implementation of the project due to bidder


and accepted by the

59

Bank, it will charge 1% on the total project implementation cost to the

bidder for each week of delay as penalty. Project Implementation cost in

this context refers to total expenditure expected to be incurred by the bank

for procurement, design and implementation of software solutions required

to lay down Enterprise-wide Integrated Risk Management Architecture in

accordance with the International Best Practices and Guidelines of

RBI/BCBS on Basel II, Basel- III. The cost does not include Cost of

Hardware procured for the implementation. This penalty will be subject to

an upper limit of 10% on the total project implementation cost. Thereafter

the order/contract may be cancelled and amount paid if any, may be

recovered with 1.25% interest per month. Any deviations from the norms

would be treated as breach of the contract by the bidder and will be dealt

with accordingly. The delay will be measured with reference to time

schedule to be specified in the contract to be entered with the successful

bidder.

Propose to replace by " Liquidates damages to be applicable at the

rate 0.5% on the value of affected services or deliverables capped at

10% of the value of affected services or deliverables."

Not accepted

248 32 Termination 32.1 Either party may terminate this Agreement forthwith on giving

notice in writing to the other party if that other party:

32.1.1 commits any material breach of any term of this Agreement

and, in the case of a breach capable of being remedied, shall have

failed within 30 calendar days after the receipt of a request in writing

from the first party to do so, to remedy the breach,

32.1.2 shall convene any meeting of creditors or pass a resolution for

winding up or suffer a petition for winding up; or

32.1.3 shall have an administrative receiver or receiver appointed

over the whole or part of its assets or suffer the appointment of an

administrator; or

32.2 On termination of this Agreement any sums owed by the

defaulting party to the other party shall be paid forthwith to that

other party and if requested by the other party shall return within

seven (7) working days of the date of termination, all property

belonging to that other party. The defaulting party shall certify in

writing within thirty (30) calendar days of termination to the other

party through a director or other officer of the company that the

obligations imposed by this Section have been complied with.

32.3 Termination of this Agreement howsoever caused shall not

affect the rights of either party under this Agreement which may

have accrued up to the date of termination.

Not accepted

249 38. No Claim Certificate The bidder shall not be entitled to make any claim, whatsoever, against

NABARD, under or by virtue of or arising out of, the Contract/Agreement,

nor shall NABARD entertain or consider any such claim, if made by the

Bidder after he has signed a ‘No Claim’ Certificate in favor of NABARD in

such forms as shall be required by NABARD after the implementation of

risk management software solution is completed to the satisfaction of the

Bank.

Propose deletion. If there is any claim against the customer the

Bidder should be entitled to the same.

Not accepted

250 31. Settlement of

disputes by Arbitration

In case Vendor/Bidder raises a dispute and the same is referred to

arbitration, the Bank shall send to Vendor/Bidder a list of three names of

persons who shall be presently unconnected with the Bank or

Vendor/Bidder. Vendor/Bidder shall on receipt of the names as aforesaid,

select any one person so named to be appointed as sole arbitrator and

communicate his name to the Bank within 30 days of receipt of the names.

Vendor/Bidder shall thereupon without delay appoint the said person as

the sole arbitrator. If Vendor/Bidder fails to select the person as sole

arbitrator within 30 days of receipt of the panel, the Bank shall be entitled

to appoint one of the persons from the panel as sole arbitrator and

communicate his name to Vendor/Bidder. If the person so appointed is

unable or unwilling to act or refuses his appointment or vacates his office

due to any reason whatsoever, another person shall be appointed by the

Bank from the above list of persons.

In case the Bank raises a dispute and the same is referred to arbitration,

Vendor/Bidder shall send to the Bank a list of three names of persons who

shall be presently unconnected with Vendor/Bidder or the Bank. The Bank

shall on receipt of the names as aforesaid, select any one person out of the

panel of three so named to be appointed as sole arbitrator and

communicate his name to Vendor/Bidder within 30 days of receipt of the

names. Vendor/Bidder shall thereupon without delay appoint the said

person as the sole arbitrator. If the Bank fails to select the person as sole

arbitrator within 30 days of receipt of the panel, Vendor/Bidder shall be

entitled to appoint one of the persons from the panel as sole arbitrator and

Propose to replace by " Any dispute shall be referred to the sole

arbitrator appointed by mutual consent between the Parties."

As per RFP

251 Propose additional

clause : Limitation of

Liability

In no event, each party's aggregate liability for damages (including

any liability, damage, loss or claim arising from tort, contract,

representation or warranty, indemnity, negligence or otherwise)

under or in connection with this Agreement or based on any claim

for indemnity or contribution shall exceed the total Fees (excluding

any third party bought-outs, taxes and reimbursements) received by

TechM from Customer under the relevant Statement of Work six

months preceding the date of such claim.

As per corrigendum


clause : Dependencies

Customer acknowledges that Services shall be subject to the agreed

Dependencies to be provided by Customer in a timely and agreed

manner. Customer shall keep TechM and its personnel indemnified

against any third party claims resulting out of or in relation to such

Dependencies

Not accepted


additional : Non

solicitation clause

During the term of this Agreement and for a period of one (1) year

following the termination of this Agreement, Customer shall not

directly or indirectly solicit, hire or entice away the Personnel of

TechM, involved in the performance of Services under this

Agreement, without the prior written consent of TechM.

Not accepted

254 61 32. Termination

a) Termination For

Default

In the event, the Bank terminates the Contract in whole or in part, the Bank




similar Goods or Services. However, the Successful Bidder shall continue

performance of the Contract to the extent not terminated.

The excess cost payable by successful bidder shall be capped at 110%

of the cost of the undelivered goods or services.

Not accepted

255 61 b) Termination for

Insolvency

If the contract is terminated by the Bank in terms of this Clause,

termination will be without compensation to the Bidder, provided that such

termination will not prejudice or affect any right of action or remedy which

has accrued or will accrue thereafter to the Bank. In case, the termination

occurs before implementation in all the locations in terms of this clause,

the Bank is entitled to make its claim to the extent of the amount already

paid by the Bank to the Bidder.

Irrespective of reason of termination NABARD shall be liable to pay

all incurred non cancellable costs to the Bidder.

Also, shall pay all due payment as per payment schedule for the

deliveries made till the date of termination.

Not accepted

256 62 d) Termination – Key

Terms & Conditions

The Bidder shall have right to terminate only in the event of winding up of

the Bank.

Further, propose to add : Bidder to have a right to terminate the

Agreement in case of material breach committed by NABARD.

Not accepted

257 81 n) Time Schedule Please note that maximum expected time frame of the project to GO LIVE

is 9 months from the date of issuing Purchase Order*. Accordingly vendors

have to deploy the resources. Post-implementation on-site support should

be provided for 6 months from Go Live date.

Please clarify total project duration will be 9 months

implementation + 1 year warranty + 5 years AMC/ATS.

It is assumed that post-implementation on-site support for 6 months

from Go Live date is part of 1 year warranty.

The project period is of 6 years including Implementation period of 12 months from

the date of acceptance of purchase order and 5 years of ATS/AMC.

258 82 q) Warranty & Annual

Maintenance

i. The warranty period for Software shall be for 1 (one) year from the GO

LIVE date of the Enterprise Wide Integrated Risk Management system.

The AMC/ ATS period shall start after Go Live for a period of 5 years.

Please clarify AMC/ATS should start after Go Live or Warranty

should start after Go Live.

As per corrigendum


Maintenance

iv. During the period of AMC/ ATS, if the service provided by the Bidder is

not satisfactory, the Bank reserves the right to terminate the AMC/ ATS

contract and appoint any other agency at the risk and cost of the Bidder.

1. In such case of termination, Services delivered should be payable

until the date of termination.

2. Propose deletion of statement "and appoint any other agency at

the risk and cost of the Bidder."

Not accepted

260 58 29. Delay in adhering to

the project

timelines/Liquidated

damages

If there is any delay in the implementation of the project due to bidder












amount paid if any, may be recovered with 1.25% interest per month.

1. Propose application of penalty should be sole remedy of NABARD.

2. Propose removal of cancellation of contract and recovery of

amount paid with interest 1.25% per month.

As per RFP

261 1. Availability of Business

Infrastructure in DC and DRC : Max 10 % of Value of the said Business

infrastructure for DC or DRC, as the case may be.

262 2. Availability of all other infrastructure, all other software components and

Test and Development infrastructure : max 10% Value of the relevant

Infrastructure

263 3. System Response Time : Max 10% value of the business infrastructure at

DC or DRC, as the case may be.

79 m) SLA for Hardware &

Software

For all these SLAs propose

1. On failure of 1% below required SLA, penalty to be charged @

0.5% of value of the said Business infrastructure for DC or DRC, as

the case may be.

2. All SLA penalties together capped to max 10% Value of the said

Business infrastructure for DC or DRC, as the case may be.

As per corrigendum

264 4. Disaster Recovery Site Availability : Max 10% value of the business

infrastructure at DC or DRC, as the case may be.

265 5. Data Point Availability : Max 10 % value of the business infrastructure at

DC or

DRC, as the case may be.

266 6. System Uptime : Rs. 10,000 Per hour

267 7. Hardware Utilization: Max 10% on the final contract price

268 64 35. Force Majeure Decision of the Bank in this regard shall be final and shall not be

questioned in arbitration or other legal proceedings.

Propose if Force Majeure continues more than 30 days, Both parties

should discuss to find out mutually agreeable solution to the

problem.

Not accepted

269 48 12. Payment b) The payment shall be released in accordance with table given RFP based

on Project Milestones

Milestone 1 : Successful completion of current state assessment, gap

identification and resolution, and systems requirement specifications (SRS)

sign off, BRD acceptance, Successful completion of parameterization,

configuration and customization of software. Application Programming

Interface (API) development, Data Migration and Report Generation :

20%

Milestone 2: Final UAT sign off and ’GO LIVE ’ : 30%

Milestone 3: Training to all users (end users and core users) & Complete

Documentation (including user manuals), Documentation of functional

capabilities of the software and training reference materials. : 10%

Milestone 4:On completion of 1 year of live implementation of the

corresponding module under EWIRM solution : 20%

Milestone 5: On completion of 2 years of live implementation of the

corresponding module under EWIRM solution : 20%

Propose Payment terms should be

1. Cost Of ERMS Software : 100% on Delivery

2. Cost of System Software : 100% on Delivery

3. Training Cost : 100% on Conducting Training

4. Implementation cost

a. Milestone 1: Completion of SRS, BRD : 20%

b. Milestone 2: Completion of customization of software, API

development : 20%

c. Milestone 3: Data migration and report generation : 20%

d. Milestone 4: Final UAT signoff : 20%

e. Milestone 5: On Go Live : 10%

f. Milestone 6 : One month after Go Live : 10%

5. Cost of creation of additional/adhoc Reports over and above

standard reports already indicated in the RFP for 200 reports : 25%

on completion of 50 reports each.

6. AMC/ATS / Helpdesk support cost : 100% yearly advance

without PBG.

As per corrigendum

270 15 2. Tender Notice , Note

Section, 13.

13. The scope of the services specified under this RFP is governed by the

guidelines issued by RBI on implementation of Basel I/II/III, IndAS

Guidelines and guidelines on Expected Credit loss and RBI communication

to AIFIs regarding Review of Regulatory Framework for the AIFIs dated

November 28, 2016, subject to regulatory modification if any (as enclosed

as Annexure-18). Any change made by RBI/GOI in the existing

guidelines or issue of fresh guidelines on these matters shall

automatically enlarge the scope of work specified under this RFP

and the duties of selected bidder shall deemed to be discharged

only when the Bank complies with the revised guidelines issued

on this matter. There will be no cost escalation on account of this

and the bidder shall complete the project as per the revised scope

of work.

IF RBI Guidelines gets changed and impacts the Scope of Work, The

Changes should limited to some "X" no. of days. The X number

should be explicitly defined in the Response.




271 18 4. Who can submit the

bid?, Section h:

All the new software release/version / upgrades or otherwise for any reason





same will be provided during the entire duration of the contract.

Upgrade to new Release / new version may have commercial impact

and hence provision of such cost should be made in contract.

As per RFP

272 32 8. Scope of Work, C.

Responsibility of Bidder,

11. Security Audit,

Security audit of the application will be carried out by the Banks internal &

External auditors and the observations/recommendations made by

the auditors need to be complied within the time limit as advised

by the Bank, without any additional cost to the Bank.

The Audit Recommended changes should be limited to X PD's (e.g.

10 PDs') any efforts over and above X PD's will be taken as CR and

will be charged as per commercials agreed.

As per RFP



17.

Provide a resource for a period of 6 months to input/ upload the Bank’s

data including the data uploading from the physical records.

Efforts over and above 6 months should be chargeable. As per RFP

79 m) SLA for Hardware &

Software

For all these SLAs propose

1. On failure of 1% below required SLA, penalty to be charged @

0.5% of value of the said Business infrastructure for DC or DRC, as

the case may be.

2. All SLA penalties together capped to max 10% Value of the said

Business infrastructure for DC or DRC, as the case may be.

As per corrigendum



20.

Incorporate changes in system arising on impact of amendment to


stipulated by the regulator.

Amendment to regulations/ Bank’s policy changes should be limited

to X PD's (e.g. 10 PDs') any efforts over and above X PD's will be

taken as CR and will be charged as per commercials agreed.




275 38 f. Broad Scope of work Installation, customization, configuration and maintenance of the software

required for an Enterprise Wide Integrated Risk Management (EWIRM)

Solution to achieve compliance with Basel-I/Basel- II/Basel- III norms and

IndAS guidelines. Any other hardware/software which is essential

to run application and not quoted will be supplied and installed

at free of cost.

Any other hardware/software which is essential to run application

and not quoted within this RFP will be supplied and installed as per

CR process.

Any new hardware requirement would be provided by NABARD, provided the

sizing and provisioning is indicated at the time of the bid. As regards any new

software essential to run the application would be at the cost of the bidder so as to

meet the fixed SLAs.

276 44 VI. Implementation The proposed solution should cover all the departments/ Regional Offices/

Training Establishments as decided by the Bank and have the capability to

scale up for meeting future requirements. The solution should be

scalable and capable to handle increased volumes. In the event

the Bank adds/changes/updates source/core banking systems in

the future the solution should be flexible to handle such new

source systems.

Future requirements should not warrant to change the complete

solution implemented. In such case the changes should be taken as

per change management process agreed between the parties.

Agreed

277 46 xx The bidder has to give an undertaking to implement the solution at any

location both at HO and ROs.

This clause may have commercial impact hence appropriate cost

should be included in the commercial proposal.

NABARD applications are centralised applications

278 48 11.Pricing The prices once offered must remain firm and must not be subject to



reason must be passed on to NABARD.

Any reduction in prices due to the vendor reducing the prices, reduction in



The entire benefits/advantages, arising out of fall in prices, taxes,

duties or any other reason must be passed on to NABARD & TechM

50-50.

Not accepted

279 58 Time Period for

completion of

assignment

The contract will be for a period of six years which includes

Implementation period of 1 year and AMC/ATS for a period of five years. It

is further stipulated that the contract period shall not end before the

implementation of CRMS, ICAAP, ECL calculation, ORMS and GRC &

MRMS system to the satisfaction of Bank.

"Deliver System to Satisfaction of Bank" would mean here is to stick

to the BRD documents created and signed by customer during the

requirement phase and would not mean anything otherwise.

Yes


the project


damages

The Bank also reserves its right to claim damages for improper or

incomplete execution of the assignment.

This clause should be removed as necessary penalty clauses covers

the damages on the project.

Not accepted

281 62 c) Termination for

convenience

The Bank, by written notice of 30 days sent to the Bidder, may terminate




and the date upon which such termination becomes effective

Bank shall provide written notice for termination to Bidder, however

Bank should clear all the payments due until that period upon which

such termination becomes effective.

As per RFP

282 62/63 e) Consequences of

Termination

In the event that the termination of the Contract is due to the expiry of the

term of the Contract, a decision not to grant any (further) extension by the

Bank, the Bidder herein shall be obliged to provide all such assistance to

the next successor Bidder or any other person as may be required and as





term/earlier termination hereof.

The Bidder herein shall be obliged to provide all such assistance to

the next successor Bidder or any other person as may be required

and as the Bank may specify until the Contract last date. Any efforts

beyond the contract period shall be chargeable on per day basis until

the completion of handover to successor. Per day rate will be applied.

As per RFP

283 63 f) Exit Option Reverse Transition mechanism would typically include service and tasks

that are required to be performed / rendered by the Bidder to the Bank or

its designee to ensure smooth handover, transitioning of application

knowledge, Bank’s deliverables, and maintenance and facility management.

The efforts involved in transitioning the responsibility by bidder will

be paid by bank as per commercials agreed.

As per RFP

284 72 37. Additional

Instructions for Bidders,

b) Source Code

Bidder has to keep source code of proposed solution with

approved / recognized escrow agency under escrow

arrangements mutually acceptable to the Bank and Bidder but at

Bidder’s cost. In case of Escrow arrangement, complete details and the

location and the terms and conditions applicable for escrow must be

specified.

ii. The Escrow arrangement suggested by the vendor shall not be binding

on the Bank.

iii. The Bank and the vendor shall enter into a tripartite escrow agreement

with the designated escrow agent, which will set out, inter alia, the events

of the release of the source code and the obligations of the escrow agent.

Costs for the Escrow will be borne by the Bidder.

1. Project delivery is scheduled in Phased Manner and at the end of

each phase, CD containing all the source code related to that phase

will be delivered to the Bank.

2. If Bank wants the source code to be kept with escrow agency, it

would be at their sole discretion and bidder will not borne any cost

(direct / indirect) related to this arrangement.

Agreed. However, the bidder would ensure to demonstrate compiling of the source

code in a similar environment created for the purpose and run the software to the

satisfaction of the bank.

285 79 m) SLA for Hardware &

Software

Availability of Business Infrastructure (Core Application

Servers, Core Database Servers, Storage, and related components etc.) in

DC and DRC ,

System Response Time,

System Uptime

Hardware Utilization

SLA should be measured on Monthly basis and should be explicitly

mentioned.

Agreed. SLA on Monthly Basis


Software

Availability of all other infrastructure, all other software components and

Test and Development infrastructure

Non-Prod devices (Dev, Test) Environment should not have Penalty

clause and should be removed.

No penalty clause for Dev and Test other than the time lines indicated for

deployment of the EWIRMS


Software,

System Response

Time

End to End response time

within the DC Time or

DR (from the CRMS, MRMS, ORMS and GRC, & IRMS Application to the

Database and back) should be

< 0.5 milliseconds

1. Response Time should be measured for Production Environment

applications in DC. DR site will be in offline mode and there will be

no live transactions, hence the clause for DR site should be removed.

2. Also End to End response time should be < 10 Sec.

Agreed


Maintenance

The maximum response time for a maintenance complaint from the site of

installation (i.e. time required for Bidder’s maintenance engineers to report

to the installations after a request call / fax /email is made or letter is

written) shall not exceed One hour.

Response to the request made will be within 1hrs over email / Phone,

however onsite reporting will be dependent on external conditions

and should be dealt accordingly.

Response time will be 1 hour. Resolution time for critical issues would be 4 hours

and other issues would be maximum 1 day

289 83 r) Terms and Conditions

during Warranty and

AMC/ ATS Period, C.

Any corruption in the Software or media shall be rectified during the full

period of the contract including Warranty and AMC, at no extra cost to the

Bank.

Any corruption in the Software or media excluding external factors

(Fire, Power fluctuation, Flood, natural calamities etc.) beyond

control of bidder shall be rectified during the full period of the

contract including Warranty and AMC, at no extra cost to the Bank.

Agreed

290 21 6.1.4 ENVELOPE – 1:

Technical Bid

The contents of this envelope shall assist the Bank in evaluation of

technical and

functional requirements of the software solution. This envelope shall

contain seven

inner envelopes, each for:

Request Bank to accept a single Solution document with Individual

sections of the seven requirements.

Agreed

291 28 i. Credit Risk Default forecasting system and rating modules are used in the Business

Departments.

Are these modules home grown ? Pl share the details The same shall be shared with the selected bidder.

292 32 c) Responsibilities of

Bidder : Point 8

The bidder is required to integrate the proposed solution with the Bank’s

Core

Banking System and other systems for all the existing activities.

What is the Core Banking system running in the Bank ? Given in Annexure 29


Bidder : Point 15

Ensure that software solution being supplied should be capable to get

integrated

with a Data Ware housing solution; the Bank may go for in future. It needs

to

have standard interfacing capabilities.

PL share details on the current EDW solution . No EDW soluation at present


Bidder : Point 30

Data migration should be done by the bidder from the existing data


the new system with consistency. After going LIVE the incremental data

shall be moved onto the Risk Management solutions as per the current

RTO and RPO specified in the BCM policy of the bank, bidder to provide

necessary interface or tools for the same.

Pl share all the relevant volumetric information's for estimating the

efforts for migrations.

It depends on the gaps analysis done by SI and data size is given in Annexure 29

295 38

f) Broad Scope of Work

The Project would be implemented at the Head office of the Bank, located

at

Mumbai, Maharashtra for Credit, Market, Operational and Compliance

Risk

Management, IFRS9 and ECL Calculation and other relevant guidelines

under

BASEL I, II & III. Requisite modules would need to be rolled out to all

Head Office

Departments, Regional Offices and Training Establishments of the Bank.

Can roll out be carried from Bank's central location to the other

offices ?

Yes

296 45 Implementation : Point :

xiv.

The total storage proposed by the bidder shall take into account

incremental growth of the Bank on a minimum, over the next 10 years.

The Bidder may propose an appropriate storage to meet the requirements

as found suitable

Pl share all the relevant volumetric information's and the expected

growth for arriving at the sizing

Given in annexure 29

297 46 Implementation : Point :

xx

The bidder has to give an undertaking to implement the solution at

any location both at HO and ROs.

Pl share the locations for all Ros where implementation is required ? Pl see NABARD website i.e. www:nabard.org

298 48 12.Payment Terms As per the tabular Column The [payment terms are very stringent & will not allow a bidder to

recognize revenue & will result in negative cash flow. Request the the

same to be changed as follows Milestone 1 - 30%,UAT & Go Live -

50%,Completion of Training - 10%,After 1 Yr. of implementation

or against BG of equivalent amount - 10%

As per corrigendum

299 55 21. Integrity Pact The Prospective vendors have to submit the same duly signed on a non-

judicial stamp paper of Rs.100/- at the time of submission of the RFP

document.

Most of the PSU Banks accept integrity Pact on a normal paper.

Request the bank to relax the same here instead of a stamp paper.

AS per proforma of CVC, GOI

300 58 28. Time period for

completion of

assignment

It is further stipulated that the contract period shall not end before the


MRMS system to

the satisfaction of Bank.

This clause is highly subjective without a definitive timeline. Request

the bank to remove the same.

As per RFP


the project


damages

Bank, it will charge 1% on the total project implementation cost to the

bidder for

each week of delay as penalty. Project Implementation cost in this context

refers to total expenditure expected to be incurred by the bank for

procurement, design and implementation of software solutions required to

lay down Enterprise-wide Integrated Risk Management Architecture in

accordance with the International Best Practices and Guidelines of

RBI/BCBS on Basel II, Basel- III. The cost does not include Cost of

Hardware procured for the implementation.

Request only services components cost to be considered as a base for

calculation of the penalty.NO other cost component either

software/hardware/licenses will form the base.

As per RFP


the project


damages

Thereafter the order/contract may be cancelled and amount paid if any,

may be

recovered with 1.25% interest per month.

Amount once paid cannot be recovered under any circumstances

This clause is very stringent & request the bank to remove the same.

As per RFP

303 61 a) Termination For

Default

The Bank, without prejudice to any other remedy for breach of contract, by

written notice of 30 days of default sent to the Successful Bidder, may

terminate

this Contract in whole or in part:

Termination window is very stringent & request the same to be

extended to 90 days post mutual agreement.

As per RFP

304 72 b) Source Code Bidder has to keep source code of proposed solution with approved /

recognized escrow agency under escrow arrangements mutually acceptable

to

the Bank and Bidder but at Bidder’s cost. In case of Escrow arrangement,

complete details and the location and the terms and conditions applicable

for

escrow must be specified.

OEMs don't share the source codes with the Vendor. In any case

Escrow arrangement will always be between the Bank & the OEM

which allows greater transparency & flexibility. Hence Bidder's play

in this area has to be removed.

At 65 above, the bidder agrees to deposit the software with source code with

NABARD

305 77 k) Performance

Guidelines

Bidder should clearly specify the detailed configuration and specifications

of the

applications and corresponding hardware required at various levels of

performance and supply a detailed Bill of Materials (BoM) with the part

numbers for the hardware based on the technical requirements.

Request the Bank to take only detailed specifications as bidder is not

supplying hardware as a part of this order. Also this will allow

normalization among the bids.

Agreed

306 78 k) Performance

Guidelines - vi

The bidder has to furnish the details of the configuration of the servers, OS

and

databases used in such benchmarking exercise for TPC etc. and relate the

same

to the server configurations proposed for Bank’s requirement.

Since a bidder is not supplying hardware as a part of this deal

request exemption from Hardware installation & support. For best

result the same shall be some by the supplier of those equipment's.

The bidder can provide details of the hardware it is proposing


Software

Entire Table Multiple penalties are there & only upper cap is mentioned for each

item. Need penalty as per incident & request the overall penalty

under various heads to be capped to 10% of the Total project cost.

As per corrigendum

308 81 clause marked with # The SI is expected to conduct Hardware sizing based on the information

provided in

Annexure-30 for implementing the solution. The hardware has to be

provided by the

SI.

This is contradictory with the clause in Pg : 32 which says " Set up,

installation and testing of the required software in the hardware

provided by the Bank including its data centers at BKC, Mumbai and

Disaster Recovery Site at Faridabad." . Pl clarify

The SI is expected to conduct Hardware sizing based on the information provided

in Annexure-30 for implementing the solution. The detais of hardware

requirements shall be furnished by SI and the same shall be made available by the

Bank. Hardware would be supplied by NABARD

309 158 Annexure 30 Requirement for Sizing Kindly provide the following information for sizing:

> Total number of assets (loans, advances etc.)

> Total number of liabilities

> Total number of customers

> annual growth rate

Financial details are available in our website. The database size is given in annexure

29. The growth details are given in para 8 (vi) (xix).

310 228 Annexure 31, Section vi,

3. Capital planning and

5.3

System should enable capture of requisite data and for user defined periods

for development of the capital plan at the bank and at sub portfolio levels

such as but not limited to:

• Balance sheet and PL estimates

• Anticipated growth in top line/revenue year on year, profitability margins,

costs

• Increase in risk weighted assets

• Capital types, amounts, maturity (for non-equity), capital cost.

• Risk Adjusted performance measures across various business lines and

products

3.2

The system should have capital planning and budgeting modules for

estimating bank-wide capital for future, stress testing by changing

assumptions/ macroeconomic scenarios, all allocation across business

units, geographies, products etc., if needed.

Does the bank require SI to propose a separate planning solution? The Bank is in the process of putting in place a capital planning framework. The

technology solution should have the functionalities outlined.

311 230 Annexure 31, Section vi,

5. ICAAP and Pillar 2

requirements

ICAAP and Pillar 2 Requirements Will the bank provides inputs for other risk categories such as

liquidity risk, interest rate risk etc. for consolidated reporting?

Yes, the Bank would be providing the methodology

312 241 Annexure 31, Section viii,

point # 8.6, 8.7, 8.8, 8.9

he tool should have the ability to use In-Memory Analytics to enable users

to conduct fast, thorough exploration and analysis on all data across

different data sources

IFRS 9 / INDAS 109 is financial reporting and disclosures. Same

applies to risk reporting requirements. In-memory is typically not

required for such use cases. Kindly clarify and confirm

We confirm the requirement.


point # 8.14

The tool should have the ability to be used on database appliances such as

EMC Greenplum and Teradata - Is the bank proposing Sis to propose tools certified on specific

technologies/vendors? Kindly clarify what this requirement means.

This requirement stand deleted.

314 172 Annexure 31, Section 5,

Reporting

Reporting & Others Does the Bank want Standard Out of the Box Dashboards for all the

requirements? Or, is the Bank asking if these reports can be made

available? Many of the Reports are available as direct OOTB while for

the others they can be easily configured using the Oracle Reporting

capabilities.

The Bank is asking for the reports to be made available and configured at the time

of implementation

315 67 i. Scoring Methodology

for Functional

Requirements (FR)

Answers to the RFP are binary: either "S" or "C"? Yes


8.7 - 8. 73

The tool should be able to analyze big data and generate visualizations on

the fly, without any performance degradation

Considering the bank's volume of data and complexity of operations,

are technologies like in memory and big data required? Please

confirm

Not Required

317 9 Contract: The work order issued by NABARD, Head Office, Mumbai and

acceptance of the same by the bidder of services, including all attachments

and appendices thereto and all documents incorporated by reference

therein

Contract: The work order issued by NABARD, Head Office, Mumbai

and acceptance of the same by the bidder of services, including all

attachments and appendices thereto and all documents incorporated

by reference therein, subject to the deviations proposed by the bidder

Not accepted

318 14 13 The scope of the services specified under this RFP is governed by the


Guidelines and guidelines on Expected Credit loss and RBI communication

to AIFIs regarding Review of Regulatory Framework for the AIFIs dated

November 28, 2016, subject to regulatory modification if any (as enclosed

as Annexure-18). Any change made by RBI/GOI in the existing guidelines

or issue of fresh guidelines on these matters shall automatically enlarge the

scope of work specified under this RFP and the duties of selected bidder

shall deemed to be discharged only when the Bank complies with the

revised guidelines issued on this matter. There will be no cost escalation on

account of this and the bidder shall complete the project as per the revised

scope of work.

The scope of the services specified under this RFP is governed by the


Guidelines and guidelines on Expected Credit loss and RBI

communication to AIFIs regarding Review of Regulatory Framework

for the AIFIs dated November 28, 2016, subject to regulatory

modification if any (as enclosed as Annexure-18). Any change made

by RBI/GOI in the existing guidelines or issue of fresh guidelines on

these matters shall automatically enlarge the scope of work specified

under this RFP and the duties of selected bidder shall deemed to be

discharged only when the Bank complies with the revised guidelines

issued on this matter, provided that any change to the scope due to a

statutory or regulatory requirement shall be through a Change

Request process at additional cost to NABARD. There will be no cost

escalation on account of this and the bidder shall complete the

project as per the revised scope of work.

Not accepted

319 14 The Bank expressly stipulates that the selection of bidder under this RFP is

on the understanding that this RFP contains only the principal provisions

for the entire assignment and the services rendered in accordance with the

scope of work defined under this RFP are only a part of the assignment.

The bidder shall perform all such tasks, render requisite services as may be

required for successful completion of the project to the satisfaction of the

Bank at no additional cost to the Bank, to attain the underlying objectives

for which this RFP is floated.

The Bank expressly stipulates that the selection of bidder under this

RFP is on the understanding that this RFP contains only the

principal provisions for the entire assignment and the services

rendered in accordance with the scope of work agreed by the Parties

defined under this RFP are the complete only a part of the

assignment. The bidder shall perform all such tasks, render requisite

services as may be required for successful completion of the project

to the satisfaction of the Bank at no additional cost to the Bank, to

attain the underlying objectives for which this RFP is floated.

Not accepted

320 19 No binding legal relationship will exist between any of the bidder and the

Bank until execution of a contractual agreement to the full satisfaction of

the Bank

No binding legal relationship will exist between any of the bidder and

the Bank until execution of a contractual agreement to the full

satisfaction of the Bank

Not accepted

321 20 The bidder will, by responding to the Bank’s RFP document, be deemed to

have accepted the terms as stated in this RFP document.

Request deletion as the bidder has proposed deviations to the RFP Not accepted

322 21 Finally selected bidder based on terms and conditions this RFP should

supply, install and commission a comprehensive software solution in our

Bank for implementing an Enterprise-wide Integrated Risk Management

Architecture in accordance with the International Best Practices and

guidelines of RBI on Basel I, Basel II & Basel III.

Finally selected bidder based on terms and conditions this RFP,

subject to deviations proposed, should supply, install and

commission a comprehensive software solution in our Bank for

implementing an Enterprise-wide Integrated Risk Management

Architecture in accordance with the International Best Practices and

guidelines of RBI on Basel I, Basel II & Basel III.

Not accepted

323 Bids shall remain valid for 180 days from the last date specified for

submission of bids in this RFP. The Bank holds the rights to reject a bid

valid for a period shorter than 180 days. In exceptional circumstances, the

Bank may solicit the Bidder’s consent to an extension of the validity period.

The request and the response thereto shall be made in writing. Extension of

validity period by the Bidder should be unconditional and irrevocable

Bids shall remain valid for 30 180 days from the last date specified

for submission of bids in this RFP. The Bank holds the rights to reject

a bid valid for a period shorter than 180 days. In exceptional

circumstances, the Bank may solicit the Bidder’s consent to an

extension of the validity period. The request and the response

thereto shall be made in writing. Extension of validity period by the

Bidder should be unconditional and irrevocable

Not accepted

324 The bidder is responsible to carry out the entire end to end implementation

of the software solution as per the scope of work specified in this RFP.

The bidder is responsible to carry out the entire end to end

implementation of the software solution as per the scope of work

specified in this RFP, subject to deviations proposed by the bidder.

Not accepted

325 All the new software release/version / upgrades or otherwise for any reason





same will be provided during the entire duration of the contract. i. The

OEM should endorse the hardware & related software sizing, stating that

technically their software can be deployed on the proposed sizing. This can

be through declaration or sharing authentic / official benchmark reports

All the new software release/version / upgrades or otherwise for any

reason should be made available to the Bank and the Bank is not

liable to pay / oblige SI or any OEM any at additional charges / fees

pertaining to third party royalty charges etc. And also this should not

be the reason to restrict the Bank from upgrading to the new release

/ new version of the software. The same will be provided during the

entire duration of the contract. i. The OEM should endorse the

hardware & related software sizing, stating that technically their

software can be deployed on the proposed sizing. This can be

through declaration or sharing authentic / official benchmark

reports

Not accepted

326 The SI must not change the OEM once the bidding process is completed or

at any stage for the duration of the contract. The SI cannot partner with

any third party other than the OEM for the purposes of this project.

The SI must not change the OEM once the bidding process is

completed or at any stage for the duration of the contract, unless

otherwise agreed by the Parties in writing. The SI cannot partner

with any third party other than the OEM for the purposes of this

project, unless otherwise agreed by the Parties in writing.

Not accepted

327 5 Disclaimer The term ‘Project period/duration of project/tenure of project’ used in this

RFP is of six years which includes Implementation period of 1 year and

AMC/ATS for a period of five years after GO Live.

The term ‘GO LIVE date’ used in this RFP refers the point of time of 3

weeks post UAT sign off and movement of system to production.

The Bank’s own data is defined as the financial/non-financial information

of the National Bank for Agriculture & Rural Development which is

generally used for computation of CRAR under Basel I/Basel- II/Basel-III

norms. Further it is envisaged that as on GO-LIVE date the information

residing /information required for BASEL required approaches in CLMAS,

TALMS, ENSURE etc. and any other source system should flow seamlessly

into the IRMS to generate CRAR and meet other functional requirements

specified in this RFP

The term ‘Project period/duration of project/tenure of project’ used

in this RFP is of six years which includes Implementation period of 1

year and AMC/ATS for a period of five years after GO Live.

The term ‘GO LIVE date’ used in this RFP refers the point of time of

3 weeks post UAT sign off and movement of system to production.

The Bank’s own data is defined as the financial/non-financial

information of the National Bank for Agriculture & Rural

Development which is generally used for computation of CRAR

under Basel I/Basel- II/Basel-III norms. Further it is envisaged that

as on GO-LIVE date the information residing /information required

for BASEL required approaches in CLMAS, TALMS, ENSURE etc.

and any other source system should flow seamlessly into the IRMS to

generate CRAR and meet other functional requirements specified in

this RFP, subject to deviations proposed

Not accepted

328 6.1.6 The software vendor should, therefore, provision for such “Additional

Customization” by estimating a certain number of man-days, say 1000 man-

days, over a period of 5 years, in the commercial bid and also indicate the

per man day cost to arrive at the “Additional Customization Cost” in the

Commercial Bid

over and above man month estimation incurred during the contract

period should be additional chargeable to bank through either CR

or additional PO

The cost of additional customization is already being considered in the Commercial

bid.

329 A signed copy of the RFP must be submitted along with the bid before the

aforementioned closing date and time as mentioned in Tender Notice

section


330 All submissions, including any accompanying documents, will become the

property of the Bank. Bidders shall be deemed to license, and grant all

rights to the Bank to reproduce the whole or any portion of their

submission for the purpose of evaluation, to disclose the contents of the

submission to other bidders and to disclose and/or use the contents of the

submission as the basis for processing of RFP, notwithstanding any

copyright or other intellectual property right that may subsist in the

submission or accompanying documents

All submissions, including any accompanying documents, will

become the property of the Bank, subject to any pre-existing IPR of

the bidder and the Bank shall keep the submissions confidential.

Bidders shall be deemed to license, and grant all rights to the Bank to

reproduce the whole or any portion of their submission for the

purpose of evaluation, to disclose the contents of the submission to

other bidders and to disclose and/or use the contents of the

submission as the basis for processing of RFP, notwithstanding any

copyright or other intellectual property right that may subsist in the

submission or accompanying documents

Not accepted

331 Amendment will be notified through NABARD’s website to all prospective

Bidders and will be binding on them.

Amendment will be notified through NABARD’s website to all

prospective Bidders and will be binding on them, subject to

deviations proposed.

Not accepted

332 The proposal must remain valid and open for evaluation for a period of at

least 180 days from the last date of submission (or extended last date of

submission) of RFP.

The proposal must remain valid and open for evaluation for a period

of at least 180 days 30 days from the last date of submission (or

extended last date of submission) of RFP.

Not accepted

333 The ‘Integrated Risk Management Solution’ (IRMS) should be a single

integrated business solution, covering all the mentioned functionality

(detailed in the RfP) and flexibility required to carry out the enterprise-

wide risk management activities in the current and foreseeable future. It

should support multiple organizational entities, locations as well as

multiple regulatory jurisdictions

The ‘Integrated Risk Management Solution’ (IRMS) should be a

single integrated business solution, covering all the mentioned

functionality (detailed in the RfP, subject to deviations proposed)

and flexibility required to carry out the enterprise-wide risk

management activities as per the mutually agreed scope in the

current and foreseeable future. It should support multiple

organizational entities, locations as well as multiple regulatory

jurisdictions

Not accepted

334 The EWIRM shall exhaustively accomplish the scope of work detailed in

this RFP.

The EWIRM shall exhaustively accomplish the scope of work

detailed in this RFP, subject to deviations proposed.

Not accepted

335 submit the SRS within 15 days from date of acceptance of the Purchase

Order. Once the SRS is signed off from the Bank side, the bidder has to

submit a detailed project plan for migration, customization, testing and

implementation of the software. Plan should include the full scope of the

project as defined in the scope of the work. This process should be

completed within 15 days from the date of sign off of SRS

submit the SRS within 15 days from date of execution of the mutually

agreed contract acceptance of the Purchase Order. Once the SRS is

signed off from the Bank side, the bidder has to submit a detailed

project plan for migration, customization, testing and

implementation of the software. Plan should include the full scope of

the project as defined in the scope of the work. This process should

be completed within 15 days from the date of sign off of SRS

Not accepted

336 Provide a resource for a period of 6 months to input/ upload the Bank’s

data including the data uploading from the physical records

Require clarification on Time period of resource requirement from

when till when.

At present scope of work includes for six months

337 The bidder shall Implement an EWIRM solution which is capable of: Any

other task as per the scope of work mentioned in the RFP

The bidder shall Implement an EWIRM solution which is capable of:

Any other task as per the scope of work mentioned in the RFP,

subject to deviations proposed.

Not accepted

338 Security audit of the application will be carried out by the Banks internal &

External auditors and the observations/recommendations made by the

auditors need to be complied within the time limit as advised by the Bank,

without any additional cost to the Bank

External auditor appointed shall not be the competitor of the bidder. Not accepted

339 Ensure that the system is in compliance with RBI requirements for Basel I

and all approaches under Basel II and Basel III and other relevant

regulatory guidelines. Any instances of noncompliance observed will need

to be rectified at no additional cost and well within timelines stipulated by

the regulator/bank

Ensure that the system is in compliance with RBI requirements for

Basel I and all approaches under Basel II and Basel III and other

relevant regulatory guidelines. Any instances of noncompliance

observed will need to be rectified at no additional cost and well

within mutually agreed timelines stipulated by the regulator/bank

Not accepted

340 Incorporate changes in system arising on impact of amendment to


stipulated by the regulator.

Incorporate changes in system arising on impact of amendment to

regulations/ Bank’s policy at no additional cost and well within

mutually agreed timelines stipulated by the regulator.

Not accepted

341 Ensure that the system meets all functional and technical requirements

specified in this RFP.

Ensure that the system meets all functional and technical

requirements specified in this RFP, subject to deviations proposed.

Not accepted

342 In case the product/ solution/ vendor/ OEM/SI are amalgamated/

dissolved the impact of such an event should not have any adverse

implication on the service level/ time line/cost that is proposed for

implementation of the solution. Such event would not dilute the

responsibility of the successful bidder in completing the implementation

within mutually agreed time lines. Cost escalation, if any, has to be borne

by the bidder only.

In case the product/ solution/ vendor/ OEM/SI are amalgamated/

dissolved the impact of such an event should not have any adverse

implication on the service level/ time line/cost that is proposed for

implementation of the solution. Such event would not dilute the

responsibility of the successful bidder in completing the

implementation within mutually agreed time lines. Cost escalation, if

any, has to be borne by NABARD the bidder only.

Not accepted

343 The bidder shall be also responsible for the following: The bidder will

prepare acceptance test plan in consultation with the Bank, for which

bidder will station its officers in the Bank at no additional cost.

Customize software.

The bidder shall be also responsible for the following: The bidder will

prepare acceptance test plan in consultation with the Bank, for which

bidder will station its officers in the Bank at no additional cost.

Customize software.

Not accepted

344 A non-disclosure agreement should be signed between Bank and bidder.

The format of non-disclosure agreement form is given in Annexure-3.

A non-disclosure agreement should be signed between Bank and

bidder. The format of non-disclosure agreement form is given in

Annexure-3, subject to deviations proposed.

Not accepted

345 38 Any other hardware/software which is essential to run application and not

quoted will be supplied and installed at free of cost.

Any other hardware/software which is essential to run application

and not quoted will be supplied and installed at free of cost.

Not accepted

346 39 Provide various tools /utilities to bridge the gaps identified during Gap

analysis phase without any extra cost. Bidder will be responsible for the

procurement of any tool required to develop the interface. Bidder will

document the entire interface logic and process with change management

procedures in compliance with Bank’s policies and best international

practices.

Provide various tools /utilities to bridge the gaps identified during

Gap analysis phase without any extra cost. Bidder will be responsible

for the procurement of any tool required to develop the interface at

NABARD's cost. Bidder will document the entire interface logic and

process with change management procedures in compliance with

Bank’s policies and industry standard best international practices.

Not accepted

347 40 To assist in bridging the identified data gaps for compliance with Bank’s

own policies, RBI guidelines, international best practices and other relevant

guidelines on integrated risk management framework.

The Bidder shall be responsible for accuracy of the parameters set in the

system according to business needs of the Bank.

To assist in bridging the identified data gaps for compliance with

Bank’s own policies, RBI guidelines, industry standard international

best practices and other relevant guidelines on integrated risk

management framework.

The Bidder shall be responsible for accuracy of the parameters set in

the system according to the mutually agreed scope business needs of

the Bank.

Not accepted

348 The cost of all customizations is required to be included in the Commercial

Bid and the Bank will not make any additional costs for this throughout the

term of the contract if the same has been specified as a requirement of the

Bank in this RFP. Thus, this is a fixed bid and all necessary customizations

based on the functional requirements specified in the RFP will need to be

conducted by the Bidder. All customization has to be completed within the

project timelines.

The cost of all customizations is required to be included in the

Commercial Bid and the Bank will not make any additional costs for

this throughout the term of the contract if the same has been

specified as a requirement of the Bank in this RFP. Thus, this is a

fixed bid and all necessary customizations based on the functional

requirements specified in the RFP will need to be conducted by the

Bidder. All customization has to be completed within the project

timelines.

Not accepted

349 Enhancements provided by the Bidder would include changes in the

software due to statutory and Regulatory changes and those required due

to changes in industry practices in India, international best practices or any

other requirements of the Bank related to the above, which will need to be

provided at no extra cost to the Bank for the entire period of the contract. It

will include, but not limited to, all the functionalities mentioned in the

Functional Requirements and at no additional costs.

Enhancements provided by the Bidder would include changes in the

software due to statutory and Regulatory changes and those required

due to changes in industry practices in India, international best

practices or any other requirements of the Bank related to the above,

which will need to be provided at no extra cost to the Bank for the

entire period of the contract. It will include, but not limited to, all the

functionalities mentioned in the Functional Requirements and at no

additional costs.

Not accepted

350 Before completing this phase, the bidder shall ensure that EWIRM

solution/ architecture proposed to be implemented/laid down is capable of

meeting all functional and technical requirements specified in this RFP

Before completing this phase, the bidder shall ensure that EWIRM

solution/ architecture proposed to be implemented/laid down is

capable of meeting all functional and technical requirements

specified in this RFP, subject to deviations proposed

Not accepted

351 40 The Bank will conduct a “User Acceptance Test” (“UAT”) under guidance,

review and Supervision of the bidder to ensure that all the functionality

required by the Bank as mentioned in this RFP is available and is

functioning accurately as per the expectations of the Bank. Consequent to

UAT, if some of the functionalities, specified in this RFP are not present in

tune with the Bank’s expectations, the bidder shall make appropriate

changes.

The Bank will conduct a “User Acceptance Test” (“UAT”) under

guidance, review and Supervision of the bidder to ensure that all the

functionality required by the Bank as mentioned in this RFP, subject

to deviations proposed, is available and is functioning accurately as

per the mutually agreed scope expectations of the Bank. Consequent

to UAT, if some of the functionalities, specified in this RFP are not

present in tune with the mutually agreed scope Bank’s expectations,

the bidder shall make appropriate changes.

Not accepted

352 The bidder will ensure that test environment’s configuration and

parameterization for conducting the UAT is in line with bank's risk

management framework and this RFP’s requirements.

The bidder will ensure that test environment’s configuration and

parameterization for conducting the UAT is in line with bank's risk

management framework and this RFP’s requirements, subject to

deviations proposed.

Not accepted

353 All errors, bugs enhancements/ modifications required during and after

testing will be resolved within the overall timelines for implementation.

The Bidder will be responsible for using appropriate tools for logging,

managing, resolving and tracking issues and its progress, arising out of

testing and ensuring that all issues are addressed in a timely manner to the

satisfaction of the Bank and as per requirements mentioned in this RFP.

All errors, bugs enhancements/ modifications required during and

after testing will be resolved within the overall timelines for

implementation. The Bidder will be responsible for using appropriate

tools for logging, managing, resolving and tracking issues and its

progress, arising out of testing and ensuring that all issues are

addressed in a timely manner to the satisfaction of the Bank and as

per requirements mentioned in this RFP, subject to deviations

proposed.

Not accepted

354 46 7.

g) vii.

The ATS/AMC/Helpdesk services will be for a period of 5 years after

completion of warranty period.

The ATS/AMC/Helpdesk services will be for a period of 5 years after

completion of warranty period implementation of required software

as per the mutually agreed signed contract.


355 The bidder has to give an undertaking to implement the solution at any

location both at HO and Ros. The Bidder shall demonstrate to the

satisfaction of the Bank regarding accuracy and comprehensiveness of the

data migrated to the proposed system

The bidder has to give an undertaking to implement the solution at

any location both at HO and Ros. The Bidder shall demonstrate to

the satisfaction of the Bank regarding accuracy and

comprehensiveness of the data migrated to the proposed system

Not accepted

356 48 11 No adjustment of the contract price shall be made on account of variation

of costs of labour and materials or any other cost component affecting the

total cost in fulfilling the obligations under the contract

No adjustment of the contract price shall be made on account of

variation of costs of labour and materials or any other cost

component affecting the total cost in fulfilling the obligations under

the contract except for foreign exchange rates. Prices will undergo

change for any changes in rates of foreign exchange by +/-5% of the

agreed price.

Not accepted

357 48 11 NABARD may give orders for additional items/services at the same price

anytime within the contracted period.

NABARD may give orders for additional items/services at the same

mutually agreed price anytime within the contracted period.

Not accepted

358 48 11 The price would be inclusive of all applicable taxes except GST under the

Indian law. The payment towards GST would be made at actuals (necessary

documentary proof to be enclosed).

The price would be inclusive of all applicable taxes except GST under

the Indian law. The payment towards GST would be made at actuals

(necessary documentary proof to be enclosed). Any change i.e.

upward or downward revision of tax, any new levy of tax will be

effected in pricing.

It is implied

359 48 11 The prices once offered must remain firm and must not be subject to



reason must be passed on to NABARD

The prices once offered must remain firm and must not be subject to


benefits/advantages, arising out of fall in prices, taxes, duties or any

other reason must be passed on to NABARD

Not accepted

360 48 11 Any reduction in prices due to the vendor reducing the prices, reduction in



Any reduction in prices due to the vendor reducing the prices,

reduction in duties, taxes etc., by the Government, shall be passed on

to the Bank during the validity period.

Not accepted

361 48 12

a)

No advance payment shall be made against purchase order. No advance payment shall be made against purchase order. Not accepted

362 48-49 12

b)

As per RFP Successful completion of current state assessment, gap identification


off, BRD acceptance - 30%

Successful completion of parameterization, configuration and


development, Data Migration and Report Generation - 30%

Final UAT sign off and ’GO LIVE ’ - 20%

Training to all users (end users and core users) & Complete

Documentation (including user manuals), Documentation of

functional capabilities of the software and training reference

materials. - 20%


363 15 All bidders who have procured this RFP document from the Bank shall be

notified of the amendment in writing by e-mail or fax or post, and all such

amendment(s) shall be binding on them

All bidders who have procured this RFP document from the Bank

shall be notified of the amendment in writing by e-mail or fax or

post, and all such amendment(s) shall be binding on them, subject to

deviations proposed

Not accepted

364 53 18 The Bank Guarantee in lieu of EMD should be given as per the format

Annexure -19. The EMD of unsuccessful Vendors/Bidders shall be returned

within reasonable, only after the successful completion of the bid process.

No interest is payable on such amount. The EMD shall be forfeited if: Non

Non-acceptance of the orders when placed or Non-confirmation of

acceptance orders within the stipulated time after placement of orders. In

case the successful bidder fails to duly acknowledge the acceptance of work

order within stipulated time of 30 days from the date of issuance work

order, the EMD of successful bidder may be forfeited without any further

communication to the successful bidder.

The Bank Guarantee in lieu of EMD should be given as per the

format Annexure -19, subject to deviations proposed. The attached

format will be subject to review by the bidder and any changes

required in the format shall be mutually agreed upon. The EMD of

unsuccessful Vendors/Bidders shall be returned within reasonable 15

days only after the successful completion of the bid process. The

EMD shall be forfeited if: Non-acceptance of the orders on mutually

agreed terms and conditions when placed or Non-confirmation of

acceptance orders on mutually agreed terms and conditions within

the stipulated time after placement of orders. In case the successful

bidder fails to duly acknowledge the acceptance of work order within

stipulated time of 30 days from the date of issuance work order, the

EMD of successful bidder may be forfeited without any further

communication to the successful bidder, unless such failure is due to

inability of the parties to amicably conclude on the terms of the

engagement.

Not accepted

365 55 22 The Bidder shall indemnify, protect and save NABARD and hold NABARD










the scope of this project

The Bidder shall indemnify, protect and save NABARD and hold

NABARD 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 a third party claim for (i) an grossly negligent act or

wilful omission of the Bidder, its employees, its agents, or employees

of the partner’s in the performance of the services provided in

pursuance of this RFP (ii) breach of any of the terms of this RFP or

breach of any representation or warranty by the Bidder, (iii) use of

the deliverables and or services provided by the Bidder, (iv)

infringement of any patent, trademarks, copyrights etc. or such other

statutory infringements in respect of all components provided to

fulfil the scope of this project

Not accepted

366 The Bidder shall further indemnify NABARD against any loss or damage to

NABARD’s premises or property, data, loss of life, etc., due to the acts of

the Bidder’s employees or representatives

The Bidder shall further indemnify NABARD against third party

claims for any loss or damage to NABARD’s premises or property,

data, loss of life, etc., due to the grossly negligent acts of the Bidder’s

employees or representatives

Not accepted

367 The Bidder shall further indemnify NABARD against any loss or damage

arising out of loss of data, claims of infringement of third party copyright,

patents, or other intellectual property, and third-party claims on NABARD

for malfunctioning of the equipment or software or deliverables at all

points of time

The Bidder shall further indemnify NABARD against third party

claims for any loss or damage arising out of loss of data, claims of

infringement of third party copyright, patents, or other intellectual

property, and third-party claims on NABARD for malfunctioning of

the equipment or software or deliverables at all points of time.

Bidder shall not have any liability to Bank under this Section to the

extent that any infringement or claim thereof is attributable to: (1)

the combination, operation or use of a Deliverable with equipment or

software supplied by Bank where the Deliverable would not itself be

infringing; (2) compliance with designs, specifications or instructions

provided by Bank (3) use of a Deliverable in an application or

environment for which it was not designed or contemplated under

this Agreement; or (4) modifications of a Deliverable by anyone other

than Bidder where the unmodified version of the Deliverable would

not have been infringing.

Bidder will completely satisfy its obligations hereunder if, after

receiving notice of a claim, Bidder obtains for Bank the right to

continue using such Deliverables as provided without infringement,

or replace or modify such Deliverables so that they become non-

infringing.

Not accepted

368 56 Further, since NABARD’s data could be integrated/used under Bidder

provided software and since the Bidder would be managing the services,

the Bidder should be responsible for any loss/compromise or damage to

Bank’s data. The successful bidder shall furnish Letter of Indemnity and

Undertaking in this regard as indicated in Annexure-28

Further, since NABARD’s data could be integrated/used under

Bidder provided software and since the Bidder would be managing

the services, the Bidder should be responsible for any direct

loss/compromise or damage to Bank’s data arising out of bidder's

grossly negligent acts. The successful bidder shall furnish Letter of

Indemnity and Undertaking in this regard as indicated in Annexure-

28

Not accepted

369 Any indemnity shall be limited to the extent of 100% of average

annual project cost. Selected bidder shall not be liable for any

indirect and consequential damages with relation to the liability

arising out of this clause.

Not accepted

370 56 23 The successful bidder shall submit a Performance Guarantee issued by a



the letter of acceptance of the assignment

The successful bidder shall submit a Performance Guarantee issued

by a Scheduled Commercial Bank in favour of NABARD as per

format given in Annexure-16, subject to deviations proposed for 10 %

value of the contract in Indian Rupees along with the letter of

acceptance of the assignment

Not accepted

371 56 23 In the event of any contract amendment, the Bidder shall, within 15 days

after receipt of such amendment, furnish the amendment to the

performance guarantee, rendering the same valid for the duration of the

contract as amended.

In the event of any contract amendment, the Bidder shall, within 15

days 30 days after receipt of such amendment, furnish the

amendment to the performance guarantee, rendering the same valid

for the duration of the contract as amended.

Not accepted

372 From the date of placing order till delivery of material under the RFP, if any

changes are brought in tax structure by the Govt resulting in reduction of

cost of the equipment, benefits arising out of such reduction shall be passed

on to NABARD.

From the date of placing order till delivery of material under the

RFP, if any changes are brought in tax structure by the Govt

resulting in reduction of cost of the equipment, benefits arising out

of such reduction shall be passed on to NABARD.

Not accepted

373 The price shall be quoted by the Bidder in specified Price-bid format given

in Annexure-12 only. The price as finally agreed between the Vendor and

NABARD shall final and it shall not subject to escalation for any reason

whatsoever. In other the commercial offer shall be on a fixed price basis.

No upward revision in the price would be considered on account of

subsequent increases in government taxes, duties, levies, etc. However if

there is any reduction on account of government taxes, duties, local levies,

etc. during the offer validity period, the same shall be passed on to the

NABARD.

The price shall be quoted by the Bidder in specified Price-bid format

given in Annexure-12 only. The price as finally agreed between the

Vendor and NABARD shall final and it shall not subject to escalation

for any reason whatsoever. In other the commercial offer shall be on

a fixed price basis. No upward revision in the price would be

considered on account of subsequent increases in government taxes,

duties, levies, etc. However if there is any reduction on account of

government taxes, duties, local levies, etc. during the offer validity

period, the same shall be passed on to the NABARD.

The existing price is subject to changes i.e. upward or downward

revision of applicable taxes, rates or any new levy of taxes. Also

prices will undergo changes for any change in rates of foreign

exchange by +/-5% of the agreed rate.

Not accepted

374 58 As per RFP Request deletion as the clause is inapplicable It is clear in the RFP

375 28 It is further stipulated that the contract period shall not end before the


MRMS system to the satisfaction of Bank.

It is further stipulated that the contract period shall not end before

the implementation of CRMS, ICAAP, ECL calculation, ORMS and

GRC & MRMS system to the satisfaction of Bank.

Not accepted

376 The Bank, at its option may extend the timeframe, depending on its

requirements. Any new guidelines given by RBI and Basel with regard to

advanced approaches will automatically form part of the contract

The Parties Bank, at its option may extend the timeframe, depending

on its requirements. Any new guidelines given by RBI and Basel with

regard to advanced approaches will automatically form part of the

contract at an additional cost to the Bank

Not accepted

377 58 29 If there is any delay in the implementation of the project due to bidder












amount paid if any, may be recovered with 1.25% interest per month. Any

deviations from the norms would be treated as breach of the contract by the

bidder and will be dealt with accordingly. The delay will be measured with

reference to time schedule to be specified in the contract to be entered with

the successful bidder.

If there is any delay in the implementation of the project due to

bidder /partner’s fault in complying with time schedule furnished by

the bidder and accepted by the Bank, it will charge 1% on the total

project implementation cost on the cost of undelivered portion to the

bidder for each week of delay as penalty. Project Implementation

cost in this context refers to total expenditure expected to be

incurred by the bank for procurement, design and implementation of

software solutions required to lay down Enterprise-wide Integrated

Risk Management Architecture in accordance with the International

Best Practices and Guidelines of RBI/BCBS on Basel II, Basel- III.

The cost does not include Cost of Hardware procured for the

implementation. This penalty will be subject to an upper limit of 10%

3% on the total project implementation cost. Thereafter the

order/contract may be cancelled and amount paid if any, may be

recovered with 1.25% interest per month. Any deviations from the

norms would be treated as breach of the contract by the bidder and

will be dealt with accordingly. The delay will be measured with

reference to time schedule to be specified in the contract to be

entered with the successful bidder.

Not accepted

378 59 30 Bidder is required to give undertaking in the format given Bidder is required to give undertaking in the format given, subject to

deviations proposed

Not accepted

379 59 30 As per RFP Request addition :

Confidential Information for the purpose of this clause shall not

include information that:

(a) was part of the public domain at the time of disclosure or

properly became part of the public domain, by publication or

otherwise;

(b) was rightfully acquired by the Selected Bidder prior to disclosure

by the Bank;

(c) was independently developed by Selected Bidder or its

representatives without reference to the Information; or

(d) is required to be disclosed by a government agency or by a proper

court of competent jurisdiction

Confidentiality obligation applicable to Bidder shall apply mutatis

mutandis on NABARD for any confidential information shared by

Bidder in relation to this RFP"

Not accepted

380 61 32.

a

The Bank, without prejudice to any other remedy for breach of contract, by

written notice of 30 days of default sent to the Successful Bidder, may

terminate this Contract in whole or in part:

a. If the Successful Bidder fails to deliver any or all of the deliverables

within the period(s) specified in the Contract, or within any extension

thereof granted by the Bank; or;

b. If the Successful Bidder fails to perform any other obligation(s) under

the contract.

c. If the Successful Bidder, in the judgment of the Bank has engaged in

corrupt or fraudulent practices in competing for or in executing the

Contract. Corrupt practice means the offering, giving, receiving or soliciting

of anything of value or influence the action of a public official in the

procurement process or in contract execution; and “fraudulent practice”

means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of the Bank, and

includes collusive practice among Bidders (prior to or after bid submission)

designed to establish bid prices at artificial non-competitive levels and to

deprive the Bank of the benefits of free and open competition.

The Bank Either party, without prejudice to any other remedy for

breach of contract, by written notice of 30 days of default sent to the

Successful Bidder other party, may terminate this Contract in whole

or in part in the event that other party commits a material breach of

the contract. The bank may by written notice to the successful

bidder, may terminate this contract in whole or in part:

a. If the Successful Bidder fails to deliver any or all of the

deliverables within the period(s) specified in the Contract, or within

any extension thereof granted by the Bank; or;

b. If the Successful Bidder fails to perform any other obligation(s)

under the contract.

c. If the Successful Bidder, in the judgment of the Bank, after giving

an opportunity of being heard, has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract. Corrupt

practice means the offering, giving, receiving or soliciting of anything

of value or influence the action of a public official in the procurement

process or in contract execution; and “fraudulent practice” means a

misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of the Bank,

and includes collusive practice among Bidders (prior to or after bid

submission) designed to establish bid prices at artificial non-

competitive levels and to deprive the Bank of the benefits of free and

open competition.

In case of termination of contract, the bidder shall be paid for goods

delivered and/or services provided.

Not accepted

381 61 32 In the event, the Bank terminates the Contract in whole or in part, the Bank




similar Goods or Services. However, the Successful Bidder shall continue

performance of the Contract to the extent not terminated

In the event, the Bank terminates the Contract in whole or in part,

the Bank may procure, upon such terms and in such manner as it

deems appropriate, Goods or Services similar to those undelivered,

and the Successful Bidder shall be liable to the Bank for any excess

costs for such similar Goods or Services, provided that the bidder's

incremental liability will not exceed 3% of the fees paid/payable to

the bidder for the undelivered goods/services. However, the

Successful Bidder shall continue performance of the Contract to the

extent not terminated

Not accepted

382 61 32.

b)

If the Bidder becomes Bankrupt or insolvent, has a receiving order issued

against it, compounds with its creditors, or, if the Bidder is a corporation, a

resolution is passed or order is made for its winding up (other than a

voluntary liquidation for the purposes of amalgamation or reconstruction),

a receiver is appointed over any part of its undertaking or assets, or if the

Bidder takes or suffers any other analogous action in consequence of debt;

then the Bank may, at any time, terminate the contract by giving written

notice of 30 days to the Bidder. If the contract is terminated by the Bank in

terms of this Clause, termination will be without compensation to the

Bidder, provided that such termination will not prejudice or affect any right

of action or remedy which has accrued or will accrue thereafter to the Bank.

In case, the termination occurs before implementation in all the locations

in terms of this clause, the Bank is entitled to make its claim to the extent

of the amount already paid by the Bank to the Bidder.

If the Bidder becomes Bankrupt or insolvent, has a receiving order

issued against it, compounds with its creditors, or, if the Bidder is a

corporation, a resolution is passed or order is made for its winding

up (other than a voluntary liquidation for the purposes of

amalgamation or reconstruction), a receiver is appointed over any

part of its undertaking or assets, or if the Bidder takes or suffers any

other analogous action in consequence of debt; then the Bank may,

at any time, terminate the contract by giving written notice of 30

days 90 days to the Bidder. If the contract is terminated by the Bank

in terms of this Clause, termination will be without compensation to

the Bidder, provided that such termination will not prejudice or

affect any right of action or remedy which has accrued or will accrue

thereafter to the Bank. In case, the termination occurs before

implementation in all the locations in terms of this clause, the Bank

is entitled to make its claim to the extent of the amount already paid

in advance by the Bank to the Bidder to the extent of undelivered

work. In case of termination for insolvency, the bidder shall be paid

for:

a) Goods delivered;

b) Services rendered;

c) Work in progress;

d) Third party orders in pipeline which cannot be cancelled despite

contractor's best efforts

e) Unrecovered investments shall be paid by customer as per

termination schedule till the date of termination.

Not accepted

383 The Bank, by written notice of 30 days sent to the Bidder, may terminate




and the date upon which such termination becomes effective.

Either Party The Bank, by written notice of 90 30 days sent to the

other Party Bidder, may terminate the Contract, in whole or in part,

at any time at its convenience. The notice of termination shall specify

that termination is for the Bank’s convenience, the extent to which

performance of work under the Contract is terminated and the date

upon which such termination becomes effective. The bidder shall be

paid for all goods/services rendered until the effective date of

termination.

Not accepted

384 The Bank shall be entitled to terminate the agreement with the Bidder at

any time by giving thirty (30) days prior written notice to the Bidder. The

Bidder shall have right to terminate only in the event of winding up of the

Bank

Either Party The Bank shall be entitled to terminate the agreement

with the Bidder at any time by giving thirty (30) days prior written

notice to the other Party Bidder. The Bidder shall have right to

terminate only in the event of winding up of the Bank

Not accepted

385 In the event of termination of the Contract due to any cause whatsoever,

[whether consequent to the stipulated term of the Contract or otherwise],

the Bank shall be entitled to impose any such obligations and conditions

and issue any clarifications as may be necessary to ensure an efficient

transition and effective business continuity of the Service(s) which the

Bidder shall be obliged to comply with and take all available steps to

minimize loss resulting from that termination/breach, and further allow

the next successor Bidder to take over the obligations of the erstwhile

Bidder in relation to the execution/continued execution of the scope of the

Contract.

Request deletion and to replaced with: The parties will mutually

agree upon the terms of the reverse transition, which shall not

exceed 6 months.

Not accepted

386 In the event that the termination of the Contract is due to the expiry of the

term of the Contract, a decision not to grant any (further) extension by the

Bank, the Bidder herein shall be obliged to provide all such assistance to

the next successor Bidder or any other person as may be required and as





term/earlier termination hereof

Request deletion and to replaced with: The parties will mutually

agree upon the terms of the reverse transition, which shall not

exceed 6 months.

Not accepted

387 32.

e)

Nothing herein shall restrict the right of the Bank to invoke the

Performance Bank Guarantee and other guarantees, securities furnished

and pursue such other rights and/or remedies that may be available to the

Bank under law or otherwise.

Nothing herein shall restrict the right of the Bank to invoke the

Performance Bank Guarantee and other guarantees, securities

furnished and pursue such other rights and/or remedies that may be

available to the Bank under law or otherwise.

Not accepted

388 63 The Bank reserves the right to cancel the contract in the event of happening

one or more of the following Conditions:

i. Failure of the bidder to agree on the terms of the contract within 30 days

from the date of communication of award by the Bank and sharing of terms

of contract by the Bank. If the bidder does not meet these criteria, then the

Bank may at its discretion declare the next best bidder as the successful

bidder.

ii. Failure of the successful Bidder to furnish the Performance Guarantee

within 30 days from the date of signing of the Contract by the Bank and the

Bidder.

iii. Delay in completing installation / implementation and acceptance tests/

checks beyond the specified periods;

iv. Serious discrepancy in functionality to be provided or the performance

levels agreed upon, which have an impact on the functioning of the Bank

The Bank reserves the right to cancel the contract in the event of

happening one or more of the following Conditions and subject to a

30 days' cure period:

i. Failure of the bidder to agree on the terms of the contract within

30 days from the date of communication of award by the Bank and

sharing of terms of contract by the Bank, unless such failure is due to

Bank not considering the terms proposed by the bidder. If the bidder

does not meet these criteria, then the Bank may at its discretion

declare the next best bidder as the successful bidder.

ii. Failure of the successful Bidder to furnish the Performance

Guarantee within 30 days from the date of signing of the Contract by

the Bank and the Bidder.

iii. Delay in completing installation / implementation and acceptance

tests/ checks beyond the specified periods;

iv. Serious discrepancy in functionality to be provided or the

performance levels agreed upon, which have an impact on the

functioning of the Bank

Not accepted

389 However, the Bank shall have the sole discretion to ascertain whether such

Plan has been complied with.

of arbitration Proceedings, the Bidder will be expected to continue the

facilities management services. The Bank shall have the sole and absolute

discretion to decide whether proper reverse transition mechanism over a

period of 6 to 12 months, has been complied with. Reverse Transition

mechanism would typically include service and tasks that are required to be

performed / rendered by the Bidder to the Bank or its designee to ensure

smooth handover, transitioning of application knowledge, Bank’s

deliverables, and maintenance and facility management

However, the Bank shall have the sole discretion to ascertain

whether such Plan has been complied with.

commencement of arbitration Proceedings, the Bidder will be

expected to continue the facilities management services. The Bank

shall have the sole and absolute discretion to decide whether proper

reverse transition mechanism over a period of 6 to 12 months, has

been complied with. Reverse Transition mechanism would be

mutually agreed upon by the Parties in writing would typically

include service and tasks that are required to be performed /

rendered by the Bidder to the Bank or its designee to ensure smooth

handover, transitioning of application knowledge, Bank’s

deliverables, and maintenance and facility management

Not accepted

390 In addition to the cancellation of contract, Bank reserves the right to

appropriate the damages through encashment of Performance Guarantee

given by the Bidder.

In addition to the cancellation of contract, Bank reserves the right to

appropriate the damages through encashment of Performance

Guarantee given by the Bidder.

Not accepted

391 33 If conditions are stipulated, at the time of submission 'Quotations', they will

be liable to summarily rejected.


392 34 The Bank reserves the right to alter quantities and/or components of

EWIRMS solution to be purchased on the same terms and conditions under

CVC guidelines

The Bank reserves the right to alter quantities and/or components of

EWIRMS solution to be purchased on mutually agreed the same

terms and conditions under CVC guidelines

Not accepted

393 35 Decision of the Bank in this regard will be final and shall not be questioned

in arbitration or other legal proceedings

Request deletion as the decision if questioned, shall be settled by the

arbitrator/court

Not accepted

394 The Bidder shall be entrusted with end to end responsibility for the

execution of the project under the scope of this RFP

The Bidder shall be entrusted with end to end responsibility for the

execution of the project under the scope of this RFP, subject to

deviations proposed

Not accepted

395 As per RFP The Escrow arrangement suggested by the vendor shall not be

binding on the Bank.

Not accepted

396 73 As per RFP Post the initial contract term, the Bank may wish to continue using

the software with/ without paying the required AMC/ ATS Fee on

mutually agreed terms. The offered solutions must provide all the

functionalities mentioned as per Annexure 31, subject to deviations

proposed

Not accepted

397 74 The installation of the base product will be considered complete only after

demonstration of functional features of the software as given in RFP and as

per documented procedure and as acceptable to the Bank. The solution

must comply with all applicable requirements defined by any regulatory,

statutory or legal body which shall include but not be limited to RBI or

other Regulatory Authority, judicial courts in India and as of the date of

execution of Agreement.

The installation of the base product will be considered complete only

after demonstration of functional features of the software as given in

the Contract RFP and as per documented procedure and as

acceptable to the Bank. The solution must comply with all applicable

requirements defined by any regulatory, statutory or legal body

which shall include but not be limited to RBI or other Regulatory

Authority, judicial courts in India and as of the date of execution of

Agreement.

Not accepted

398 All information processed, stored, or transmitted by successful Bidder’s

software belongs to the Bank. Any information considered sensitive by the

Bank must be protected by the successful Bidder from unauthorized

disclosure, modification or access. The Bank’s decision will be final

All information processed, stored, or transmitted by successful

Bidder’s software belongs to the Bank, subject to the Bidder's IPR or

a third party's IPR. Any information marked considered sensitive by

the Bank must be protected by the successful Bidder from

unauthorized disclosure, modification or access. The Bank’s decision

will be final No intellectual property rights of any nature shall be

transferred from one party to the other in the course of performing

any obligations or otherwise under this agreement unless agreed by

the parties. For the avoidance of doubt, Bidder may use certain tools,

processes or methodologies of its own in performing the Services.

Ownership of all intellectual property rights and any other rights in

these shall vest with Bidder, and no rights shall be deemed to have

accrued to the Customer.

Not accepted

399 The bidder should adhere to laws of land and rules, regulations and

guidelines prescribed by various regulatory, statutory and Government

authorities in India. The Bank reserves the right to conduct an

audit/ongoing audit of the services provided by the bidder. The Bank

reserves the right to ascertain information from the Banks and other

institutions to which the bidders have rendered their services for execution

of similar projects

The bidder should adhere to applicable laws of land and rules,

regulations and guidelines prescribed by various regulatory,

statutory and Government authorities in India. The Bank reserves

the right to conduct an audit/ongoing audit of the services provided

by the bidder. The Bank reserves the right to ascertain information

from the Banks and other institutions to which the bidders have

rendered their services for execution of similar projects at its cost

and expense

Not accepted

400 Bidder shall afford the Bank’s representatives 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 systems (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

Bidder shall afford the Bank’s representatives access to the Bidder’s

facilities, installations, technical resources, operations,

documentation, records, databases and personnel, limited to the

scope of the engagement. The Bidder must provide the Bank access

to various monitoring and performance measurement systems (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

Not accepted

401 Audits will normally be done on monthly/quarterly basis or as required by

Bank and will be performed by Bank or Bank appointed third party

agencies.

Audits will normally be done on monthly/quarterly basis or as

required by Bank and will be performed by Bank or Bank appointed

third party agencies. The third party agencies appointed by bank

should not be the competitor of the bidder.

Not accepted

402 32 As per RFP Request to be added: Notwithstanding anything to the contrary

contained anywhere in the RFP, the maximum aggregate penalties

and liquidated damages that can be imposed on the bidder during

the term of the contract shall not exceed 3% of the total

implementation cost.

Not accepted

403 As per RFP

*Appropriate decision of extending the implementation period will be taken

by bank, if required.

*Appropriate decision of extending the implementation period will

be taken by bank, if required.

*If required by bank, that the implementation period should be

extended the same may be extended after discussion with the bidder.

The pricing and other terms and conditions will be taken care

accordingly at the time of extension.

Not accepted

404 During the period of AMC/ ATS, if the service provided by the Bidder is not

satisfactory, the Bank reserves the right to terminate the AMC/ ATS

contract and appoint any other agency at the risk and cost of the Bidder

During the period of AMC/ ATS, if the service provided by the Bidder

is not as per agreed specifications satisfactory, the Bank reserves the

right to terminate the AMC/ ATS contract and appoint any other

agency at the risk and cost of the Bidder, provided that the bidder's

incremental liability in such a case shall not exceed 3% of the fees

paid/payable to bidder for the defaulting work.

Not accepted

405 In the event of failure of maintaining the uptime SLA liquidated damages

of 10,000/- per hour with a grace period of 120 minutes. The liquidated

damages mentioned under this clause shall be independent of liquidated

damages/penalty mentioned in clause 29 of this RFP

In the event of failure of maintaining the uptime SLA liquidated

damages of INR 2000 10,000/- per hour with a grace period of 120

minutes, subject to a maximum of 3% of the value of the defaulting

services. The liquidated damages mentioned under this clause shall

be independent of liquidated damages/penalty mentioned in clause

29 of this RFP

Not accepted

406 37 Any software support like update/enhancement/software upgrade etc.

released till the completion of warranty and during annual maintenance

shall be supplied, installed and commissioned free of cost by the bidder.

Any software support like update/enhancement/software upgrade

etc. released till the completion of warranty and during annual

maintenance shall be supplied, installed and commissioned free of

cost at cost to the bank by the bidder.

Not accepted

407 84 The bidder shall acknowledge in writing receipt of the notification of

selection and has to convey his absolute, unconditional and unqualified

acceptance and thereafter enter into agreement / Contract within 30 days

from the date on which selection is notified to bidder

The bidder shall acknowledge in writing receipt of the notification of

selection and has to convey his absolute, unconditional and

unqualified acceptance, subject to deviations proposed and

thereafter enter into agreement / Contract with mutually agreed

terms within 30 days from the date on which selection is notified to

bidder unless the parties are not able to conclude on the terms of the

contract.

Not accepted

408 The selected bidder cannot change the Project Manager or any other

members of the team/s during the entire period of execution of the

implementation project unless consented in writing by the Bank

The selected bidder cannot change the Project Manager or any other

members of the team/s during the entire period of execution of the

implementation project unless consented in writing by the Bank or

unless such change is due to reasons beyond the bidder's control.

Not accepted

409 The Bidders should sign the Contract Form. A specimen of contract

proposed to be executed with the successful bidder is given in Annexure-15.

Besides, the successful bidder should also sign a non-disclosure agreement

in the format specified in Annexure-3. The signing of contract shall be

completed within 30 days of receipt of notification of the acceptance of bid

The Bidders should sign the Contract Form. A specimen of contract

proposed to be executed with the successful bidder is given in

Annexure-15, subject to deviations proposed. Besides, the successful

bidder should also sign a non-disclosure agreement in the format

specified in Annexure-3, subject to deviations proposed. The signing

of contract shall be completed within 30 days of receipt of

notification of the acceptance of bid unless the parties are not able to

conclude on the terms of the contract.

Not accepted

410 Successful bidder shall indemnify, protect and save the Bank against all

claims, losses, costs, damages, expenses, action, suits and other

proceedings, resulting from infringement of any patent, trademarks,

copyrights etc. or such other statutory infringements under the Copy Rights

Act, 1957 or IT Act 2008 or any Act in force at that time in respect of all the

hardware, software and network equipment or other systems supplied by

bidder to the Bank from whatsoever source

Successful bidder shall indemnify, protect and save the Bank against

all third party claims, losses, costs, damages, expenses, action, suits

and other proceedings, resulting from infringement of any patent,

trademarks, copyrights etc. or such other statutory infringements

under the Copy Rights Act, 1957 or IT Act 2008 or any Act in force at

that time in respect of all the hardware, software and network

equipment or other systems supplied by bidder to the Bank from

whatsoever source

Not accepted

411 Furnishing of such other documents as NABARD may specify Furnishing of such other documents as Parties may agree NABARD

may specify

Not accepted

412 The bidder shall not be entitled to make any claim, whatsoever, against

NABARD, under or by virtue of or arising out of, the Contract/Agreement,

nor shall NABARD entertain or consider any such claim, if made by the

Bidder after he has signed a ‘No Claim’ Certificate in favour of NABARD in

such forms as shall be required by NABARD after the implementation of

risk management software solution is completed to the satisfaction of the

Bank.

The Bidder Parties shall not be entitled to make any claim,

whatsoever against other party NABARD, under or by virtue of or

arising out of, the contract/Agreement, nor shall NABARD entertain

or consider any such claim, if made by the party Bidder after he has

signed a “No claim” certificate in favour of NABARD in such form as

shall be required by NABARD after the implementation of risk

management software solution is completed to the satisfaction of the

bank.

Not accepted

413 The bidder shall share its technology strategies and research &

development efforts, conducted in the course of this assignment with

NABARD.

The bidder shall use commercially reasonable efforts to share its

technology strategies and research & development efforts, conducted

in the course of this assignment with NABARD.

Not accepted

414 If it comes to the notice of the Bank that the bidder has suppressed any

information either intentionally or otherwise, or furnished misleading or

inaccurate information, the Bank reserves the right to disqualify the bidder.

If such information comes to the knowledge of the Bank after the award of

work, NABARD reserves the right to terminate the Contract unilaterally at

the total cost and risk of the bidder. The Bank also reserves the right to

recover any dues payable

by the selected bidder from any amount outstanding to his credit, including

the pending bills etc., if any. The Bank will also reserve the right to recover

any Advance paid

If it comes to the notice of the Bank that the bidder has suppressed

any information either intentionally or otherwise, or furnished

misleading or inaccurate information wilfully , the Bank reserves the

right to disqualify the bidder. If such information comes to the

knowledge of the Bank after the award of work, NABARD reserves

the right to terminate the Contract after giving an opportunity to be

heard unilaterally at the total cost and risk of the bidder. The Bank

also reserves the right to recover any dues payable by the selected

bidder from any amount outstanding to his credit, including the

pending bills etc., if any. The Bank will also reserve the right to

recover any Advance paid for any undelivered work

Not accepted

415 90 Annexure 2 We also confirm having read and understood the terms of RFP as well

scope work & having read and understood the terms of RFP as well as the

scope work & requirements.

We also confirm having read and understood the terms of RFP as

well scope work & having read and understood the terms of RFP as

well as the scope work & requirements. We have proposed deviations

to the RFP which forms a part of our proposal

Not accepted

416 92 Annexure 3 Information such as (i) intellectual property information; (ii) technical or

business information or material not covered in (i); (iii) proprietary or

internal information relating to the current, future and proposed products

or services of NABARD including, financial information, process/flow

charts, business models, designs, drawings, data information related to

products and services, procurement requirements, purchasing, customers,

investors, employees, business and contractual relationships, business

forecasts, business plans and strategies, information the Parties provide

regarding third parties

Information such as (i) intellectual property information; (ii)

technical or business information or material not covered in (i); (iii)

proprietary or internal information relating to the current, future

and proposed products or services of NABARD including, financial

information, process/flow charts, business models, designs,

drawings, data information related to products and services,

procurement requirements, purchasing, customers (excluding

personal data), investors, employees, business and contractual

relationships, business forecasts, business plans and strategies,

information the Parties provide regarding third parties

Not accepted

417 The obligations of this clause shall survive the expiration, cancellation or

termination of this Agreement

Notwithstanding anything to the contrary contained herein, the

Agreement shall be valid for a period of two years and The

obligations of this clause shall survive the expiration, cancellation or

termination of this Agreement for a period of two years. To the

extent that the bidder shares its confidential or proprietary

information with the Bank for effective performance of the services,

the provisions of this Agreement shall apply mutatis mutandis on the

bank.

Not accepted

418 Notwithstanding the marking and identification requirements above, the

following categories of information shall be treated as Confidential

Information under this Agreement irrespective of whether it is marked or

identified as confidential: a) Information regarding ‘NABARD’ and any of

its Affiliates, customers and their accounts (“Customer Information”).

Personnel information; or

Notwithstanding the marking and identification requirements above,

the following categories of information shall be treated as

Confidential Information under this Agreement irrespective of

whether it is marked or identified as confidential: a) Information

regarding ‘NABARD’ and any of its Affiliates, customers and their

accounts (“Customer Information”). Personnel information; or

Not accepted

419 96 Obligation of confidentiality contemplated under this Agreement shall

continue to be binding and applicable without limit in point in time. The

Implementation partner agrees and undertake to treat Confidential

Information as confidential for a period of [five (5)] years from the date of

receipt and in the event of earlier termination of the Contract/Agreement,

the Parties hereby agree to maintain the confidentiality of the Confidential

Information for a further period of [two (2)] years from the date of such

early termination.

Obligation of confidentiality contemplated under this Agreement

shall continue to be binding and applicable for a period of two years

from expiry without limit in point in time. The Implementation

partner agrees and undertake to treat Confidential Information as

confidential for a period of two [five (5)] years from the expiry date of

receipt and in the event of earlier termination of the

Contract/Agreement the Parties hereby agree to maintain the

confidentiality of the Confidential Information for a further period of

five [two (2)] years from the date of such early termination.

Not accepted

420 Any claim for relief to NABARD shall include NABARD’s costs and

expenses of enforcement (including the attorney's fees).

Any claim for relief to NABARD shall include NABARD’s costs and

expenses of enforcement (including the attorney's fees) and shall be

awarded by a court of competent jurisdiction.

Not accepted

421 103 State pending or past litigation if any within the last 3 years with details

and explain reasons. Please also mention any claims/complaints received in

the last three years

These details cannot be provided as they are confidential. There are

no material litigation that will adversely affect bidder's performance

under the contract

Not accepted

422 111 Basel II and Basel III, inconformity with the said Bidding documents for

the sum of ...................………….. (Total amount in words and figures) or

such other sums as may be ascertained in accordance with the commercial

bid for hardware and software and total cost of ownership (termed as

Annexure-12 in your RFP) attached herewith and made part of this

Proposal. We undertake, if our Proposal is accepted, to deliver, install and

commission the system, in accordance with Requirements specified within

the RFP for Solution to Implement Enterprise wide Integrated Risk


Practices and Guidelines of RBIon Basel I, Basel II and Basel- III We agree

to abide by the Proposal and the rates quoted therein for the orders

awarded by the Bank. Until a formal contract is prepared and executed, this

bid, together with your written acceptance thereof and your notification of

award shall constitute a binding Contract between us

Basel II and Basel III, inconformity with the said Bidding documents

for the sum of ...................………….. (Total amount in words and

figures) or such other sums as may be ascertained in accordance with

the commercial bid for hardware and software and total cost of

ownership (termed as Annexure-12 in your RFP) attached herewith

and made part of this Proposal, subject to deviations proposed. We

undertake, if our Proposal is accepted, to deliver, install and

commission the system, in accordance with Requirements specified

within the RFP for Solution to Implement Enterprise wide Integrated

Risk Management Architecture in accordance with the International

Best Practices and Guidelines of RBIon Basel I, Basel II and Basel-

III, subject to deviations proposed. We agree to abide by the

Proposal and the rates quoted therein for the orders awarded by the

Bank. Until a formal contract is prepared and executed, this bid,

deviations proposed, together with your written acceptance thereof

and your notification of award shall constitute a binding Contract

between us

Not accepted

423 As per RFP No query/clarification sought

424 116 We, the undersigned bidder, having read and examined the aforesaid RFP

document in detail, do hereby propose to extend the services as specified in

the Tender document number ................. dated ................ and submit the

following as per requirement. Technical bid and commercial bid inside

separate envelopes in prescribed formats. We also undertake to have read,

understood and accepted the terms and conditions specially those related

to evaluation and selection processes mentioned in the RFP. Having

submitted our response to the aforesaid RFP, we also understand not to

have any option to raise any objection against any of the said processes

defined in the RFP in any future date.

We, the undersigned bidder, having read and examined the aforesaid

RFP document in detail, do hereby propose to extend the services as

specified in the Tender document number ................. dated ................

and submit the following as per requirement, subject to deviations

proposed. Technical bid and commercial bid inside separate

envelopes in prescribed formats. We also undertake to have read,

understood and accepted the terms and conditions specially those

related to evaluation and selection processes mentioned in the RFP.

Having submitted our response to the aforesaid RFP, we also

understand not to have any option to raise any objection against any

of the said processes defined in the RFP in any future date, subject to

deviations proposed .

Not accepted

425 118 We hereby convey our absolute, unconditional and unqualified acceptance

for the work and activities as per the Scope of Work mentioned in the

subject RFP

We hereby convey our absolute, unconditional and unqualified

acceptance for the work and activities as per the Scope of Work

mentioned in the subject RFP, subject to deviations proposed

Not accepted

426 119 the Implementation partner hereby agrees with the Purchaser to provide or

render the Services, to furnish necessary undertakings, etc. as mentioned in

the RFP documents, this Agreement (hereinafter collectively referred to as

“the said documents”) strictly in conformity in all respects with the

provisions of the said documents

the Implementation partner hereby agrees with the Purchaser to

provide or render the Services, to furnish necessary undertakings,

etc. as mentioned in the RFP documents, this Agreement

(hereinafter collectively referred to as “the said documents”) strictly

in conformity in all respects with the provisions of the said

documents, subject to deviations proposed

Not accepted

427 In this Agreement words and expressions shall have the same meanings as

are respectively assigned to them in the terms and conditions of RFP /

Contract / Agreement referred to.

(2) The RFP Document titled_________________________ shall be

deemed to form and be read and construed as part of this Agreement,

which, inter alia, includes

a. Scope of Work

b. Objective of RFP document

c. Eligibility Criteria

d. Functional and Technical requirements

e. Payment terms

f. Submission of bids

Request deletion as the Contract to be signed between the parties

will be the final, binding document

Not accepted

428 The Purchaser hereby agrees and covenants to pay the Implementation

partner in consideration of the rendering of the Services and the remedying

of defects, if any therein, etc., the Contract price as may become payable

under the provisions of the said documents at the times and in the manner

prescribed by the said documents. The Implementation partner shall

provide the services and documents and records as per the scope of the

service / work as contained in the said documents

The Purchaser hereby agrees and covenants to pay the

Implementation partner in consideration of the rendering of the

Services and the remedying of defects, if any therein, etc., the

Contract price as may become payable under the provisions of the

said documents at the times and in the manner prescribed by the

said documents, subject to deviations proposed. The Implementation

partner shall provide the services and documents and records as per

the scope of the service / work as contained in the said documents,

subject to deviations proposed

Not accepted

429 That the Implementation partner is not involved in any litigation, potential,

threatened and existing, that may have an impact of affecting or

compromising the performance of Service under the Contract/Agreement.

No inquiries or investigations have been threatened, commenced or

pending against the Implementation partner or its team members by any

statutory or regulatory or investigative agencies

That, as of the date of the bid submission, the Implementation

partner is not involved in any material litigation, potential,

threatened and existing, that may have an adverse impact of

affecting or compromising the performance of Service under the

Contract/Agreement. No inquiries or investigations have been

threatened, commenced or pending against the Implementation

partner or its team members by any statutory or regulatory or

investigative agencies as of the date of submission of the bid that

would materially affect the ability to render services to the Bank

under this Agreement

Not accepted

430 unless NABARD specifies to the contrary, the Implementation partner shall

be bound by all the terms of the bid. That all conditions precedent under

the Contract/Agreement / bid document have been complied.

unless NABARD specifies to the contrary, the Implementation

partner shall be bound by all the terms of the bid. That all conditions

precedent under the Contract/Agreement / bid document have been

complied.

Not accepted

431 122 That the Implementation Partner confirms that there has not and shall not

occur any execution, amendment or modification of any

agreement/contract without the prior written consent

of NABARD , which may directly or indirectly have a bearing on the

Contract/Agreement

That the Implementation Partner confirms that there has not and

shall not occur any execution, amendment or modification of this

Contract with the Bank without prior written consent any

agreement/contract without the prior written consent

of NABARD , which may directly or indirectly have a bearing on the

Contract/Agreement

Not accepted

432 Implementation partner shall indemnify and keep NABARD harmless and

indemnified from and against all claims, liabilities, losses and incurred

costs, fines, penalties, expenses, taxes, assessment, punitive damages, fees

(including advocate’s/ attorney’s fee), liabilities, judgments, awards,

assessments, obligations, damages, etc., which NABARD may suffer or

incur arising out of, or in connection with:

a) any act, neglect, default or omission on the part of the Implementation

partner, its subsidiaries or any person associated with the Implementation

partner, including but not limited to liabilities arising from non compliance

of Standards and Regulations prescribed by regulator, from time to time,

unauthorized use or disclosure of Confidential Information and failure to

comply with data protection as prescribed from time to time;

b) any breach by the Implementation partner of the terms and conditions

of its engagement or its obligations under the said documents;

Implementation partner shall indemnify and keep NABARD

harmless and indemnified from and against all third party claims,

liabilities, losses and incurred costs, fines, penalties, expenses, taxes,

assessment, punitive damages, fees (including advocate’s/ attorney’s

fee), liabilities, judgments, awards, assessments, obligations,

damages, etc., which NABARD may suffer or incur arising out of, or

in connection with:

a) any grossly negligent act, wilful neglect, wilful default or

intentional omission on the part of the Implementation partner, its

subsidiaries or any person associated with the Implementation

partner, including but not limited to liabilities arising from non

compliance of Standards and Regulations prescribed by regulator,

from time to time, unauthorized use or disclosure of Confidential

Information (excluding personal data) and failure to comply with

data protection as prescribed from time to time;

b) any breach by the Implementation partner of the terms and

conditions of its engagement or its obligations under the said

documents;

Not accepted

433 NABARD may terminate this Agreement/Contract for any breach of the

terms and conditions of this Agreement/Contract / bid by giving 15 days

notice to the Implementation partner requiring it to make good the

default(s) within notice period

Either Party NABARD may terminate this Agreement/Contract for

any breach of the terms and conditions of this Agreement/Contract /

bid by giving 30 15 days notice to the other Party Implementation

partner requiring it to make good the default(s) within notice period

Not accepted

434 Without prejudice to the right to effect the penalty conditions mentioned

within Service Level Agreement mentioned within the said documents,

NABARD may impose penalty, if there is any delay in the implementation

of the project due to implementation partner’s fault in complying with time

schedule specified in this contract. The penalty shall be levied at 1% on the

total project implementation cost to the bidder for each week of delay. This



amount paid if any, may be recovered with 1.25% interest per month. If the

delay exceeds six weeks, NABARD reserves the right to terminate the

services Agreement unconditionally.

Without prejudice to the right to effect the penalty conditions

mentioned within Service Level Agreement mentioned within the

said documents, NABARD may impose penalty, if there is any delay

in the implementation of the project due to implementation partner’s

fault in complying with time schedule specified in this contract. The

penalty shall be levied at 1% on the total project implementation cost

to the bidder for each week of delay. This penalty will be subject to

an upper limit of 3% 10% on the total project implementation cost.

Thereafter the order/contract may be cancelled and amount paid if

any, may be recovered with 1.25% interest per month. If the delay

exceeds six weeks, NABARD reserves the right to terminate the

services Agreement unconditionally.

Not accepted

435 The Implementation partner shall individually obtain the necessary

regulatory approvals from the RBI or other regulatory bodies, if any

required, for the Contract .

The Implementation partner shall individually obtain the necessary

regulatory approvals from the RBI or other regulatory bodies, if any

required to perform its services, for the Contract

Not accepted

436 One of the conditions of the said tender is that the Contractor shall furnish

to NABARD a Performance Bank Guarantee (PGB) for an amount of 10% of

the total value order of works i.e._________________________

(Rupees only) in favour of NABARD for the due and faithful performance

of the contract in all respects as per the conditions as set forth in the

Tender by the Contractor.

One of the conditions of the said tender is that the Contractor shall

furnish to NABARD a Performance Bank Guarantee (PGB) for an

amount of 10% of the total value order of works

i.e._________________________ (Rupees only) in favour of

NABARD for the due and faithful performance of the contract in all

respects as per the conditions as set forth in the Tender by the

Contractor, subject to deviations proposed.

Not accepted

437 133 Bid Security (BS) shall not bear any interest and which shall be liable for

forfeiture in the event of the Tenderer, after acceptance of his tender by

NABARD, failing to observe any of the terms and conditions of the tender

or the Tenderer not supplying the said software to the satisfaction of

NABARD and / or its Consultants.

Request deletion as these are not grounds to forfeit EMD Agreed. As per para18 of the RFP and also para 5.2 of Annexure 20 (Pre-contract

Integrity Pact),The Earnest Money Deposit of the successful Vendor/Bidder shall be

released on receipt of the Performance Bank Guarantee.

438 Tenderer will execute the Agreement soon upon acceptance of the tender

by NABARD and will diligently, efficiently and satisfactorily perform all

their obligations under the various terms and conditions of the said tender

and supply the said software in the satisfaction of the NABARD / its

Consultants within the time stipulated therein, failing which WE

the__________________________Bank shall, on demand and

without demur, pay unto the NABARD the sum of `. --------------/- (Rupees-

--------------------------------------------------- only) at its office at Mumbai.

Tenderer will execute the mutually agreed Agreement soon upon

acceptance of the tender by NABARD and will diligently, efficiently

and satisfactorily perform all their obligations under the various

terms and conditions of the said tender, subject to deviations

proposed and supply the said software in the satisfaction of the

NABARD / its Consultants within the time stipulated therein, failing

which WE the__________________________Bank shall, on

demand and without demur, pay unto the NABARD the sum of `. -----

---------/- (Rupees---------------------------------------------------- only)

at its office at Mumbai.

Not accepted

439 that the decision of NABARD on the breach of any of the terms and

conditions of the said contract / tender by the Tenderers or their failure to

perform their obligations or discharge their duties under the said tender /

contract shall be final and binding on us and shall not be disputed by us

inside or outside the court, tribunal, arbitration or other authority;

that the decision of NABARD on the breach of any of the terms and

conditions of the said contract / tender by the Tenderers or their

failure to perform their obligations or discharge their duties under

the said tender / contract shall be final and binding on us and shall

not be disputed by us inside or outside the court, tribunal,

arbitration or other authority;

Not accepted

440 we hereby agree to renew this guarantee for such further period or periods

at the request of NABARD in the event of the works specified in the Tender

are finally awarded to the Tenderers and / or the works awarded are not

completed within the stipulated period and such renewal shall be entirely

at the cost and expense of the Tenderer.

we hereby agree to renew this guarantee for such further period or

periods at the request of NABARD in the event of the works specified

in the Tender are finally awarded to the Tenderers and / or the works

awarded are not completed within the stipulated period and such

renewal shall be entirely at the cost and expense of the Tenderer.

Notwithstanding the above, the amount shall be returned to the

bidder within 15 days of award of the contract

Not accepted

441 136 If the Bidder or any employee of the Bidder or any person acting on behalf

of the Bidder either directly or indirectly is a relative of any of the officers of

the BUYER, or alternatively if any relative of an officer of the BUYER has

financial interest/stake in the Bidder's firm, the same shall be disclosed by

the Bidder at the time of filling of tender

If the Bidder or any employee of the Bidder or any person acting on

behalf of the Bidder who is actively involved in this deal either

directly or indirectly is a relative of any of the officers of the BUYER,

or alternatively if any relative of an officer of the BUYER has

significant financial interest/stake (over 2% shareholding) in the

Bidder's firm, the same shall be disclosed by the Bidder at the time of

filling of tender

Not accepted

442 To recover all sums already paid by the BUYER, and in case of an Indian

BIDDER with interest thereon at 2% higher than the prevailing Prime

Lending Rate of State Bank of India, while in case of a BIDDER from a

country other than India with interest thereon at 2%, higher than the

LIBOR. If any outstanding payment is due to the BIDDER from the BUYER

in connection with another contract for any other stores, such outstanding

payment could also be utilized to recover the aforesaid sum and interest.

v. To encash the advance bank guarantee and performance bond/warranty

bond, if furnished by the BIDDER, in order to recover the payments,

already made by the BUYER, along with interest.

To recover all sums already paid by the BUYER, and in case of an

Indian BIDDER with interest thereon at 2% higher than the

prevailing Prime Lending Rate of State Bank of India, while in case

of a BIDDER from a country other than India with interest thereon

at 2%, higher than the LIBOR. If any outstanding payment is due to

the BIDDER from the BUYER in connection with another contract

for any other stores, such outstanding payment could also be utilized

to recover the aforesaid sum and interest.

v. To encash the advance bank guarantee and performance

bond/warranty bond, if furnished by the BIDDER, in order to

recover the payments, already made by the BUYER, along with

interest.

Not accepted

443 Fall Clause Request deletion Not accepted

444 143 This Undertaking shall continue perpetually unless and to the extent that

you may release it in writing and we shall be liable for any breach of the

terms and conditions contained herein.

This Undertaking shall continue for a period of five years from the

date of release of RFP perpetually unless and to the extent that you

may release it in writing and we shall be liable for any breach of the

terms and conditions contained herein.

Not accepted

445 145 We shall submit the RFP document as per your prescribed specifications

for Technical & Commercial Bid. I /We shall submit a signed copy of the

RFP, as token acceptance all terms.

We shall submit the RFP document as per your prescribed

specifications for Technical & Commercial Bid, subject to deviations

proposed. I /We shall submit a signed copy of the RFP, as token

acceptance all terms.

Not accepted

446 We hereby declare that we have not been placed on any black list declared

by any Bank , Financial Institution Govt's Vendor Black List except as

indicated below

We hereby declare that as of the date of the bid submission, we have

not been placed on any black list declared by any Bank , Financial

Institution Govt's Vendor Black List

Not accepted

447 147 The Offer must specify the unconditional willingness to abide by the Terms

and Conditions of the Tender


448 151 We declare that we have not been blacklisted/ debarred by any regulatory/

statutory authority/ PSU/ Government Client/ Bank/ FI.

We declare that, as on date, no legal action has been initiated against us for

any cause in any legal jurisdiction/ That, as on date legal action has been

initiated against us in respect of …………….(as per details enclosed),

however, the same does not affect our ability to deliver the RfP

requirements.

We declare that, as of the date of submission of the bid, we have not

been blacklisted/ debarred by any regulatory/ statutory authority/

PSU/ Government Client/ Bank/ FI. We declare that, as on date, no

legal action has been initiated against us for any cause in any legal

jurisdiction that / That, as on date legal action has been initiated

against us in respect of …………….(as per details enclosed), however,

the same does not materially affect our ability to deliver the RfP

requirements.

Not accepted

449 152 As per RFP Request deletion as we have already agreed to certain indemnity

provisions which will form a part of the MSA. We cannot agree to an

indemnity letter

Not accepted

450 248 Bidder to provide all system related updates/modifications on account of

regulatory requirements affecting domestic or international operations in

respect of the Operational Risk Management System, including Advanced

Approaches under Basel II without any additional licensing costs during

the implementation and AMC period

Bidder to provide all system related updates/modifications on

account of regulatory requirements affecting domestic or

international operations in respect of the Operational Risk

Management System, including Advanced Approaches under Basel II

without any additional licensing costs during the implementation

and AMC period

Not accepted

451 255 I/we, the undersigned offer to provide the desired solution and services for

captioned project in conformity with the terms desired solution and

services for captioned project in conformity with the terms and conditions

of the said RFP and in accordance with our proposal and the schedule of

prices indicated in the Price Bid and made part of this bid.

I/we, the undersigned offer to provide the desired solution and

services for captioned project in conformity with the terms desired

solution and services for captioned project in conformity with the

terms and conditions of the said RFP and in accordance with our

proposal and the schedule of prices indicated in the Price Bid and

made part of this bid, subject to deviations proposed by the bidder.

Not accepted

452 If our bid is accepted:

I/We undertake to complete the project within scheduled time lines. This

Bid, together with your written acceptance thereof and notification of

award, shall constitute a binding Contract between us. I/We have not been

barred/blacklisted by any regulatory / statutory authority in India. I/We

undertake to provide the services in accordance with the implementation

schedule specified. I/We undertake that no legal action is being taken

against us or OEM for any cause in any legal jurisdiction. If the bid is

accepted, we will obtain guarantee of a Bank in a sum equivalent to 10% of

Contract Price for due performance of the Contract, in the form prescribed

by NABARD. 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.

If our bid is accepted:

I/We undertake to complete the project within mutually agreed

scheduled time lines. This Bid, together with your written acceptance

thereof and notification of award, shall constitute a binding Contract

between us, subject to deviations proposed by the bidder. I/We are

not currently have not been barred/blacklisted by any regulatory /

statutory authority in India. I/We undertake to provide the services

in accordance with the implementation schedule mutually agreed

specified. I/We undertake that no legal action is being taken against

us or OEM for any cause in any legal jurisdiction that will adversely

affect our ability to render services under this agreement. If the bid is

accepted, we will obtain guarantee of a Bank in a sum equivalent to

10% of Contract Price for due performance of the Contract, in the

form prescribed by NABARD, subject to deviations proposed. 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.

Not accepted

453 New Clause Added Bidder’s failure to perform its contractual responsibilities, to perform

the services, or to meet agreed service levels shall be excused if and

to the extent Bidder's performance is effected , delayed or causes non-

performance due to Customer's omissions or actions whatsoever.

Not accepted

454 New Clause Added Services and/or deliverables shall be deemed to be fully and finally

accepted by Customer in the event when Customer has not

submitted its acceptance or rejection response in writing to Bidder

within 15 days from the date of installation/commissioning or when

Customer uses the Deliverable in its business, whichever occurs

earlier. Parties agree that Bidder shall have 15 days time to correct in

case of any rejection by Client.

Not accepted

455 New Clause Added Bidder assumes that the title of ownership and risk of the goods

supplied under this Contract is passed onto Customer on delivery of

the material at the Customer location.

Not accepted

456 New Clause Added Notwithstanding anything to the contrary elsewhere contained in

this or any other contract between the parties, neither party shall, in

any event, be liable for (1) any indirect, special, punitive, exemplary,

speculative or consequential damages, including, but not limited to,

any loss of use, loss of data, business interruption, and loss of income

or profits, irrespective of whether it had an advance notice of the

possibility of any such damages; or (2) damages relating to any claim

that arose more than one year before institution of adversarial

proceedings thereon.

Subject to the above and notwithstanding anything to the contrary

elsewhere contained herein, the maximum aggregate liability of

Bidder under this Agreement, shall not exceed the fees received by

Bidder under this Agreement during the three months preceding the

date of such claim.

Not accepted

457 New Clause Added Since Bidder is acting as a reseller of third products, Bidder shall

“pass-through” any and all warranties and indemnities received from

the manufacturer or licensor of the products and, to the extent,

granted by such manufacturer or licensor, the Customer shall be the

beneficiary of such manufacturer’s or licensor’s warranties and

indemnities. Further, it is clarified that Bidder shall not provide any

additional warranties and indemnities with respect such products.

Selected Bidder provides for only those warranty and representations

which are expressly mentioned in this Contract and the same are in

lieu of all other warranties, express or implied.

Not accepted

458 New Clause Added During the term of this Agreement and for a period of one year

thereafter Customer shall not, directly or indirectly, hire or solicit for

hire, any of the personnel engaged by Bidder, without the prior

written consent thereof from Bidder. Thus, the Customer agrees to

the entry of an injunction against it in the event of actual or

threatened breach of its obligations hereunder, and acknowledges

such relief shall be in addition to such other and further relief as may

be available to Bidder at law or in equity

Not accepted

Documents

Request for Proposal For End to End Software Solution for ... … · Risk under BASEL II/III guidelines, Governance, Risk & Compliance (GRC) for scheduled commercial banks/AIFIs in