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REQUEST FOR PROPOSAL
FOR
SELECTION OF VENDOR
FOR SUPPLY, INSTALLATION & MAINTENANCE OF FOUR NETWORK BASED HSM
(HARDWARE SECURITY MODULE) DEVICES AND SUPPORTING SOFTWARE
Tender No: PSB/HOIT/RFP/97/2017-18
Dated: 18.09.2017
PUNJAB & SIND BANK
Head office Information Technology Department
Bank House, 21-Rajendra Place
New Delhi-110008
Page 2 of 53
INDEX
S. No. Detail Page No.
From To
1
Key Information about Tender
3 3
2
Introduction
4 4
3
Disclaimer
5 5
4
Chapter 1 – Instructions to Bidders
6 13
5
Chapter 2- Terms and Conditions
14 24
6
Chapter 3 - Scope of Work
25 25
7.
Chapter 4 – Penalties
26 27
8.
Annexures and Formats
28 53
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KEY INFORMATION
Particulars Details
Tender Number PSB / HOIT /RFP/97 /2017-18
Tender Title Request for proposal for selection of vendor for supply,
installation & maintenance of Four network based HSM (Hardware Security Module) devices and Supporting Software for eKYC (Biometric) and Financial Inclusion Server Setup at Data Centre and Disaster Recovery Sites, two modules each, for its UIDAI Aadhaar Authentication
Participation Fee (Non Refundable) Rs. 2,000/- (Rs. Two Thousand Only) (Demand Draft /
Pay Order)
Bid Security (EMD) Rs. 2,00,000/- (Rs. Two Lac only) (Bank Guarantee)
Bid Validity 180 days
Date of Publishing the tender on Bank‟s
Website
18.09.2017 11:00 Hrs
Last Date for submission of Pre-Bid Query 25.09.2017 17:00 Hrs
(queries must be mailed to [email protected] only
quoting tender reference number in the subject )
Date and Time for Pre Bid Meeting 26.09.2017 15:00 Hrs
Last Date and time for submission of Bids 10.10.2017 15:00 Hrs
Date and Time of Opening of Technical Bids 10.10.2017 15:30 Hrs
Date and Time of sealed Commercial Bids To be notified later to the qualifying bidders only.
Place of Submission and Opening of Bids Punjab & Sind Bank
Head Office
Information Technology Department
Bank House, 2nd
Floor, 21, Rajendra Place,
New Delhi 110008
Contact Persons for any clarifications/
Submission of Bids
CM (IT)
Pramod Saxena, 7838934452
Contact Numbers 011-25815512, 011-25823354
If any of the dates given above happens to be Holiday in Delhi, the related activity shall be undertaken on the
next working day at the same time.
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INTRODUCTION
Punjab & Sind Bank, one of the leading Nationalized Banks of the country, has a national presence through a
widespread network of 1500 plus branches/Offices all networked under Centralized banking Solution. It also
has a network of more than 1200 plus ATM(s) spread across the country including onsite and offsite ATMs as
well. Bank has one RRB with 40 branches at present. With more than 109 years of customer services, the Bank
has a large satisfied clientele throughout the country. For enhancing customer convenience levels and overall
inter-branch efficiency, the bank has been a frontrunner in implementing various IT enabled products.
Punjab & Sind Bank intends to select vendor for supply, installation & maintenance of Four network based HSM (Hardware Security Module) devices and Supporting Software for eKYC (Biometric) and Financial Inclusion Server Setup at Data Centre and Disaster Recovery Sites, two modules each for its UIDAI
Aadhaar Authentication.
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DISCLAIMER
The information contained in this RFP document or any information provided subsequently to
Bidder(s) whether verbally or in documentary form by or on behalf of the Bank, is provided to the
Bidder(s) on the terms and conditions set out in this RFP document and all other terms and conditions
subject to which such information is provided.
This RFP is neither an agreement nor an offer and is only an invitation by Bank to the interested
parties for submission of bids. The purpose of this RFP is to provide the Bidder(s) with information to
assist the formulation of their proposals. This RFP does not claim to contain all the information each
bidder may require. Each Bidder should conduct its own investigations and analysis and should check
the accuracy, reliability and completeness of the information in this RFP and obtain independent
advice, wherever necessary. Bank makes no representation or warranty and shall incur no liability
under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFP.
Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or
supplement the information in this RFP.
This is not an offer by the Bank but only an invitation to bid in the selection process initiated by the
Bank. No contractual obligation whatsoever shall arise from the RFP process until a formal contract is
executed by the duly authorized signatory of the Bank and the Bidder.
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CHAPTER - 1
INSTRUCTIONS TO BIDDERS
1.1 Minimum eligibility Criteria for the Bidders
The Minimum Eligibility Criteria for the bidder shall be as under:-
S No. Eligibility Clause Documents Required
EC-1 The Bidder should be an OEM or authorized
Channel partner/ Dealer/ Supplier of OEM of
the proposed items with back to back
support arrangement for all the items
proposed in the bid.
Service Support Details as per
Annexure-VI
Declaration by the Bidder with respect to
qualified support personnel.
Manufacturer / certificate signed by the
authorized signatory of OEM.
(Annexure- XIII)
EC-2 The bidder should have been operating for a
minimum period of 3 years in India as on
31.03.2017
Certificate of Incorporation/
Partnership deed.
EC-3 The bidder should have supplied, installed and
maintained HSM card, in/ for at least one
Scheduled Commercial Banks or PSU or
Financial Institutions in India during last three
years.
Performance Statement as per Annexure -
VII along with any of the following:
1. Copies of Purchase Orders (POs)
2. Confirmation letter from Bank
EC-4 The bidder should not be a defaulter for any
State Government or Central Government and
should not have been blacklisted/ debarred by
any Scheduled Commercial Banks or PSU or
Financial Institutions operating in India,
during last three financial years under
reference i.e., 2014-15, 2015-16, and 2016-17.
Bidder should submit an Undertaking (To
be submitted as Annexure -18)
EC-5 The bidder/OEM should be ISO 9001 certified
company.
Documentary evidence should be
submitted. (To be submitted as
Annexure -19)
EC-6 The Bidder must have positive net worth
/cash profit in last 3 financial years (2014-15,
2015-16 & 2016-17)
Audited Financial Statements (and
Annual Reports, if applicable) for the last
three financial years (2014-15, 2015-16
& 2016-17) is to be furnished.
CA certified Provisional Balance sheet
need to be furnished, if not audited yet
for year 2016-17.
CA certificate regarding positive net
worth/cash profit needs to be furnished.
EC-7 The bidder should have a minimum turnover
of Rs. 5 Crore in the last 3 financial years
(2014-15, 2015-16 & 2016-17)
Audited Financial Statements (and
Annual Reports, if applicable) for the last
three financial years (2014-15, 2015-16
& 2016-17) is to be furnished.
CA certified Provisional Balance sheet
need to be furnished, if not audited yet
for year 2016-17
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CA certificate regarding turnover needs
to be furnished.
Photocopies of relevant documents / certificates, duly stamped and signed must be submitted as proof in
support of the claims made. The Bank reserves the right to verify /evaluate the claims made by the Bidder
independently. The decision of the Bank in this regard shall be final, conclusive and binding upon the Bidder.
1.2 Cost of Tender
The tender document may be downloaded from the Bank‟s official website www.psbindia.com. The bidder
is required to submit a non-refundable fee as mentioned in Key-Information in the form of Demand Draft
or Pay Order in favour of PUNJAB & SIND BANK, payable at New Delhi, at the time of submission of the
technical bid, failing which the bid of the concerned Bidder will be rejected. It may be noted that amount
will not be refunded to any prospective bidder under any circumstances including cancellation of RFP.
1.3 Language of the Bid
The bid as well as all correspondence and documents relating to the bid exchanged by the Bidder and the
Bank shall be in English language only.
1.4 Two Bid System
a. The Bid Proposal being submitted would be binding on the Bidder. As such it is necessary that
authorized personnel of the firm or organization must sign the Bid. The designated personnel should be
authorized by a senior official of the Organization having such authority to do so. The Xerox copy of
necessary Original Resolutions/ Authority/ Power of Attorney having authority to authorize the person to
submit Bid Documents, on behalf of the Company shall be enclosed. The proposal must be accompanied
with an undertaking letter duly signed by the designated personnel providing a Bid commitment. The
letter should also indicate the complete name and designation of the designated personnel.
b. The bidder shall submit his response to the present tender separately in two parts – “The Technical Bid”
and „Commercial bid ‟. Technical Bid will contain product specifications whereas Commercial bid will
contain the pricing information. In the first stage, only the Technical Bids shall be opened and evaluated
as per the criterion determined by the Bank. Those bidders satisfying the technical requirements as
determined by the Bank in its absolute discretion shall be short-listed for opening their commercial bid.
c. The Bank reserves the right to accept or not to accept any bid or to reject a particular bid at its sole
discretion without assigning any reason whatsoever.
d. Bid documents shall be submitted in a Single sealed envelope, including Demand Draft/Purchase Order
towards cost of RFP, Bid Security (EMD) and other required documents as mentioned in the tender and a
separate sealed envelope containing commercial bid Price, duly super-scribing the envelope with the
reference of this RFP, due date, name of the Bidder with contact details, Offer reference number etc. Bid
document should be duly filed and all the pages of Bid including Brochures should be made in an
organized, structured, and neat manner. Brochures / leaflets etc. should not be submitted in loose form.
All the pages of the submitted Bid Documents should be serially numbered with the Bidder‟s seal duly
affixed with the Signature of the Authorized Signatory on each page. Documentary proof, wherever
required, in terms of the RFP shall be enclosed.
e. The Bids containing erasures or alterations will not be considered. There should be no hand-written
material, corrections or alterations in the Bids. Technical details must be completely filled in. Correct
technical information of the product being offered must be filled in.
1.5 Formation of Bid
The bid must be made in an organized and structured manner. The Bid should be properly sealed and marked
as “Bid for selection of vendor for supply, installation & maintenance of (Four network based HSM
(Hardware Security Module) devices and Supporting Software for eKYC (Biometric) and Financial
Inclusion Server Setup at Data Centre and Disaster Recovery Sites, two modules each for its UIDAI
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Aadhaar Authentication.”, Tender Reference Number, Bidder‟s name and address. The Technical Bid shall
contain the following documents:-
S.No. Documents
1 Tender Covering Letter as per Annexure –I
2 Compliance to Minimum Eligibility Criteria as per Annexure III (please ensure that
all related documents to Minimum Eligibility criteria have been attached)
3 Bidders Information as per Annexure IV
4 Acceptance of the terms and conditions of RFP and Technical Specifications
(compliance Statement as per Annexure V )
5 Service Support Centers Detail as per Annexure – VI
6 Performance Statement as per Annexure VII
7 Another Sealed Envelope containing commercial Bid price as per Annexure VIII
duly labeled as „commercial Bid price‟ and Tender Reference No. , Name of the
Bidder.
8 Bid Earnest Money in the form Bank Guarantee as per Annexure IX
9 DD of Rs. 2000/- payable to Punjab & Sind Bank toward cost of Tender Document
(Please mention the tender name with year and company name at the back of
DD/Pay order.)
10 Copy of Power of Attorney authorizing official for signing the Bid
11 Undertaking from Company Secretary certifying that all the components, parts,
assembly etc used inside the company products/hardware is new and original.
12 Any other document indicating the feature of the product.
13 Soft copy of the technical bid in formats supported by Microsoft Office Suite of
Products
Note: All Claims made by the Bidder will have to be backed by documentary evidence. The bidder is
expected to examine all instructions, forms, terms and specifications in the RFP. Failure to furnish all
information required or to submit a Bid not substantially responsive to the in every respect will be at the
Bidder‟s risk and may result in the rejection of the Bid.
1.6 Submission of bids
The Bank expects the bidders to carefully examine all instructions, terms and conditions mentioned in this
RFP document before submitting its unconditional compliance as part of the RFP. Failure to furnish all
information required or submission of an RFP not substantially responsive to the RFP in every respect will be
at the bidder‟s risk and may result in the rejection of its response.
Bids duly sealed should be submitted, in person, on or before the last Date and Time for bid submission at the
address mentioned below.
Punjab & Sind Bank,
Head Office Information Technology Department,
Bank House, 2nd
Floor,
21, Rajendra Place,
New Delhi – 110008
Any other mode of submission, e.g. by courier, fax, e-mail etc. will not be accepted.
1.7 Cost of Preparation and Submission of Bid
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The Bidder shall bear all costs associated with the preparation and submission of its Bid and the Bank will in
no case be responsible or liable for these costs, regardless of the conduct or outcome of the Bidding process.
If any information / data / particulars are found to be incorrect, bank will have the right to
disqualify / blacklist the company and invoke the bank guarantee/ forfeit the EMD.
All communications, correspondence will be only to the prime bidder. Any partner/sub contractor
has to communicate only through the prime bidder. The prime bidder will act as the single point of
contact for the bank.
Bank reserves it right to cancel the order even after placing the letter of Intent (LOI) / Purchase
Order, if bank receives any directions / orders from Statutory Body / RBI/Govt. of India in a
nature that binds the bank not to take the project forward.
1.8 Late bids
Any bid received after the due date and time for receipts of bids as prescribed in this RFP will be rejected and
returned unopened to the Bidder.
1.9 Earnest Money Deposit (EMD) Non-submission of Earnest Money Deposit as mentioned in Key-Information will lead to outright rejection
of the Offer. The EMD is to be submitted in the shape of Financial Bank Guarantee from any scheduled
commercial Bank valid for minimum 225 Days from the date of Bid Submission Date.
EMD of unsuccessful Bidders will be returned to them on completion of the procurement process. The EMD
of successful Bidder(s) will be returned within 30 days on submission of Performance Bank Guarantee.
The Earnest Money Deposit may be forfeited under the following circumstances:
a. If the Bidder withdraws its bid during the period of bid validity (180 days from the date of opening of
the technical bid).
b. If the Bidder makes any statement or encloses any form which turns out to be false, incorrect and/or
misleading at any time prior to signing of contract and/or conceals or suppresses material information;
and / or
c. In case of Technically qualified bidder, if the bidders fails:
To participate in commercial bid.
To accept bid after submitting the bid commercial price.
d. In case of the successful Bidder, if the Bidder fails:
To Accept the commercial bid price submitted during commercial bid.
To sign the contract in the form and manner to the satisfaction of the Bank.
To furnish performance Bank Guarantee in the form and manner to the satisfaction of the
Bank.
1.10 Performance Bank Guarantee The successful bidder has to submit the Performance Bank Guarantee equivalent to 10% of Contract Value for
the due performance of the contract, valid for 60 months. It will be submitted at HO IT Department, New
Delhi.
In case vender(s) fails to perform the contract or fails to pay the due penalty, if any, as demanded by bank,
Bank shall invoke the Bank Performance Guarantee to recover penalty/damages.
1.11 Erasures or Alterations
The Bid should contain no alterations, erasures or overwriting except as necessary to correct errors made by
the Bidder, in which case corrections should be duly stamped and initialed / authenticated by the person/(s)
signing the Bid. The Bidder is expected to examine all instructions, forms, terms and specifications in the
bidding documents. Failure to furnish all information required by the bidding documents or submission of bid
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not substantially/conclusively responsive to the bidding documents in every respect will be at the Bidders risk
and may result in rejection of the bid.
1.12 Opening of bids
Technical Bid offer will be opened on the date and time mentioned in the bid „Key-Information‟ in the
presence of the Bidders who choose to attend on the said date and time.
The Bank will evaluate the technical and techno functional response to the RFP of the Bidders who are found
eligible as per the eligibility criteria mentioned in the RFP. There will be no scoring involved in the eligibility
evaluation. Bids of only those Bidders who have been found to be in conformity of the eligibility terms and
conditions during the preliminary evaluation would be taken up by the Bank for further detailed evaluation.
The Bidders who do not meet the eligibility criteria and all terms during preliminary examination will not be
taken up for further evaluation. During evaluation of the Bids, the Bank at its discretion may ask a bidder for
clarification of its bid. The request for clarification and the response shall be in writing, and no change in the
price or substance of the bid shall be sought, offered or permitted.
1.13 Evaluation Process of the Bids
The Evaluation will be a Three-stage process:
1. Eligibility Criteria Evaluation - (Mandatory to meet by the bidders)
2. Technical Evaluation
3. Commercial Evaluation - (through sealed commercial bidding)
The evaluation by the Bank will be undertaken by a committee of internal Bank officials and may include
Consultant. The decision of the committee shall be considered final.
1.13.1 Preliminary Scrutiny
a. The Bank will examine the Bids to determine whether they are complete, required formats have
been furnished, the documents have been properly signed, and the Bids are generally in order.
b. The Bank may, at its discretion, waive any minor infirmity, non-conformity, or irregularity in a
Bid, which does not constitute a material deviation.
c. The Bank will first examine whether the Bid and the Bidder is eligible in terms of Eligibility
Criteria. The bids not meeting the Minimum Eligibility Criteria shall not be considered for further
evaluation.
d. Prior to technical evaluation, the Bank will determine the responsiveness of each Bid to the
Bidding Document. For purposes of these Clauses, a responsive Bid is one, which conforms to all
the terms and conditions of the Bidding Document without material deviations. Deviations from,
or objections or reservations to critical provisions, such as those concerning Bid Security,
Applicable Law, Bank Guarantee, Eligibility Criteria, will be deemed to be a material deviation.
e. The Bank‟s determination of a Bid‟s responsiveness will be based on the contents of the Bid itself,
without recourse to extrinsic evidence.
f. If a Bid is not responsive, it will be rejected by the Bank and may not subsequently be made
responsive by the Bidder by correction of the non-conformity.
1.13.2 Clarification of bids
To assist in the scrutiny, evaluation and comparison of offers/bids, The Bank may, at its sole discretion,
ask some or all Bidders for clarification of their offer/bid. The request for such clarifications and the
response will necessarily be in writing and no change in the price or substance of the bid shall be
sought, offered or permitted. Any decision of the Bank in this regard shall be final, conclusive and
binding on the Bidder.
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The bidder shall notify the Bank in writing of all subcontracts awarded under the contract if not already
specified in his bid. Such notification, in his original bid or later, shall not relieve the bidder from any
liability or obligation under the contract. The Bank reserves rights to accept such arrangement or reject
the proposal outright. Proof of such contracts should be submitted to the Bank.
1.13.3 Technical evaluation
The technical bids shall be evaluated by a committee of experts for the following:-
i. Compliance of Minimum eligibility criteria
ii. Receipt of all/complete documents/information/undertakings etc.
iii. Compliance of technical specifications of the products quoted.
iv. Adherence to support set up requirements.
Bank may, if it deems necessary, ask for presentations of the bidder or site visits of their facilities to asses and
satisfy itself on manufacturing/supply chain and support capabilities of the bidders.
1.13.4 Commercial Evaluation
The commercial bid evaluation will be carried out through sealed envelope containing “commercial
bid Price”. Based on the commercial bid values obtained, the bidder with the lowest commercial
proposal will be designated as L1 Bidder. Multiplication Factor mentioned in Commercial Bid
Format– Annexure VIII is not indicative of any estimated/tentative quantity to be purchased by the
Bank. Bidders must quote for all the items required by the bank. If the rate of any of the items is not
quoted, bid will be rejected summarily as non-responsive. Bidders has to incorporate the item in
commercial proposal strictly as per Technical offer only. Multiplication Factor is solely for
determination of L1 Bidder. The actual purchase quantity may differ from the said figure. Prices
shall be expressed in the Indian Rupees only. The cost will not depend on any variation in USD/£/€
exchange rate. AMC for Hardware will start after expiry of warranty and warranty will start from
the date of installation and acceptance of Hardware.
1.14 Address for Submission of Bid and communication
Offers should be addressed to the following office at the address given below:
Assist. General Manager (IT)
Punjab & Sind Bank,
Head Office Information Technology Department,
Bank House,
2nd
Floor, 21, Rajendra Place,
New Delhi - 110008
1.15 No commitment to accept lowest or any bid
The Bank shall be under no obligation to accept the lowest or any other offer received in response to this
tender notice and shall be entitled to reject any or all offers including those received late or incomplete.
Bank reserves the right to make changes in the terms and conditions of purchase. Bank will be under no
obligation to have discussions with any bidder, and/or entertain any representation.
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1.16 Right To Accept Any Bid And To Reject Any Or All Bids / Cancellation Of Tender Process
PUNJAB & SIND BANK reserves the right to accept or reject in part or full any or all offers without
assigning any reason thereof even after issuance of letter of Intent. Any decision of Punjab & Sind Bank in
this regard shall be final, conclusive and binding upon the bidders. The Bank reserves the right to accept or
reject any Bid in part or in full, and to annul the Bidding process and reject all Bids at any time prior to
contract award, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to
inform the affected Bidder or Bidders of the grounds for Bank‟s action. During any stage of evaluation
process, if it is found that the bidder does not meet the eligibility criteria or has submitted false /incorrect
information the bid will be summarily rejected by the Bank and no further correspondence would be
entertained in this regard. Bank further reserves the right to amend, rescind, reissue or cancel this RFP and all
amendments will be advised to the Bidder and such amendments will be binding upon them. The Bank also
reserves its right to accept, reject or cancel any or all responses to this RFP without assigning any reason
whatsoever. Further please note that the bank would be under no obligation to acquire any or all the items
proposed. No contractual obligation whatsoever shall arise from the RFP process unless and until a formal
contract is signed and executed by duly authorized officials of Punjab & Sind Bank and the bidder.
1.17 Correction of Errors
Bidders are advised to exercise greatest care in entering the pricing figures. No corrigenda or requests for
prices to be corrected will be entertained after the bids are opened. If there are any corrections in the bid
document, the authorized signatory should initial them all, failing which the figures for such item shall not be
considered. Discrepancies in bids will be corrected as follows:
Where there is a discrepancy between the amounts in figures and in words, the amount in words shall
prevail
Where there is a discrepancy between the unit rate and the line item total resulting from multiplying
the unit rate by the quantity, the unit rate will govern unless, in the opinion of Bank, there is an
obvious error such as a misplacement of a decimal point, in which case the line item total will prevail
Where there is a discrepancy between the amount mentioned in the bid and the line item total present
in the schedule of prices, the amount obtained on totaling the line items in the Bill of Materials will
prevail
The amount stated in the correction form, adjusted in accordance with the above procedure, shall be
considered as binding, unless it causes the overall price to rise, in which case the bid price shall prevail.
Based on the Bank‟s requirements as listed in this document, the bidder should identify and offer the best-
suited solution / bill of material for the product that would meet the Bank‟s requirements and quote for the
same.
1.18 Soft copy of tender document
The soft copy of the tender document will be made available on the Bank‟s website https://psbindia.com.
However, the Bank shall not be held responsible in any way, for any errors / omissions /mistakes in the
downloaded copy.
1.19 Bid validity period
Bids shall remain valid for 180 (one hundred eighty) days after the date of bid opening prescribed by the
Bank. The Bank holds the rights to reject a bid valid for a period shorter than 180 days as non-responsive,
without any correspondence. 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. The Bid Security provided shall also be
suitably extended.
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A Bidder acceding to the request will neither be required nor be permitted to modify its bid. A Bidder may
refuse the request without forfeiting its bid security. In any case the bid security of the Bidders will be
returned after completion of the process.
1.20 Pre-bid meeting
For clarification of doubts of the bidders on issues related to this RFP, the Bank intends to hold a Pre-Bid
Meeting on the date and time as indicated in the RFP in Key-Information.
For any clarification with respect to this RFP, the bidder may send an email to [email protected] by last
date of submission of queries as defined in Key-Information in this document. The format to be used for
seeking clarification is mentioned in Annexure-XII (Pre-bid Query Format). It may be noted that all queries,
clarifications, questions etc., relating to this RFP, technical or otherwise, must be in writing only and should
be sent to the email-id as stated earlier.
Only two authorized representatives of prospective bidders will be allowed to attend the pre-bid meeting.
1.21 Award of contract
Following evaluation, a contract may be awarded to the bidder whose bid meets the requirements of this RFP
and provides the best value to the Bank from both a techno-functional and commercial point of view.
The Bank reserves the right to award the contract in whole or in part. The acceptance of the bid, subject to
contract, will be communicated by way of placing a purchase order / LOI in writing at the address supplied by
the bidder in the bid document. Any change of address of the bidder should therefore be notified promptly to
the Assist. General Manager (IT) at the address given in this RFP.
1.22 Contract Period
The contract period will be for the period of Five Years (3 years warranty + 2 years AMC). Further Bank
reserves the right to extend the contract after the expiry of 5 years on mutually agreed Terms.
1.23 Signing of contract
The successful bidder shall be required to enter into a contract with Bank, within thirty (30) days of the award
of the work or within such extended period, as may be specified by Bank. This contract shall be based on this
RFP document (read with addendums /Corrigendum /Clarifications), LOI, Purchase order and such other
terms and conditions as may be determined by Bank to be necessary for the due performance of the work, as
envisaged herein and in accordance with the bid.
However the terms and conditions of purchase order / LOI and RFP shall constitute a binding contract till such
a contract is issued.
1.24 Confidentiality of the Bid Document
The Bidder, irrespective of their participation in the bidding process, shall treat the details of the documents
as secret and confidential.
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CHAPTER - 2
TERMS AND CONDITONS
2.1 PRICES AND TAXES
Prices shall be expressed in the Indian Rupees only. The bidder must quote price inclusive of charges related to
freight, insurance, forwarding, packing, dispatch, installation etc. All taxes like GST etc. shall be payable extra
on actual basis. The cost will not depend on any variation in USD/£/€ exchange rate.
2.2 PAYMENT TERMS
Consequent upon its selection, the Selected vendor along with the acceptance letter shall submit the
details of the Bank Account (Account Number, Name of the Bank where account is maintained,
IFSC Code etc., as required for electronic mode of payment) authenticated by the Authorised
signatory. Any change in the above, should immediately be intimated to Bank‟s Head Office, duly
authenticated by the Authorised Signatory of the Selected vendor. The Selected Vendor‟s request(s)
for payment shall be made to the Bank in writing, accompanied by the invoice describing, as
appropriate, the Goods delivered and services performed, the documents submitted and upon
fulfilment of other obligations stipulated in the Contract.
Payments shall be made promptly by the Bank but in no case later than thirty (30) days of submission
of the invoice/claim, supported by all required documents, by the Selected Vendor.
Payment will be made to the Selected Vendor in Indian Rupees only.
Payment of Hardware items:
Payment on Delivery and installation of Goods: Site-wise payment of 90% of the cost of equipment
shall be made by the Bank on receipt of the specified goods, successful installation and
commissioning at the site, submission of the documents specified and on submission of Performance
Bank Guarantee (PBG).
In case installation of equipments is delayed due to any reason attributable to the Bank and delay is
more than 30 days from the date of delivery then 90% of the cost of equipments will be released after
submission of undertaking by the vendor that installation will be carried out as and when required by
the Bank.
Final Payment: Site-wise payment of balance 10% of the cost of the equipment shall be made by the
Bank, after one month of successful installation and commissioning at the sites.
Payment of Software Licenses:
Site-wise payment of 100% of the cost of software Licenses, if any, shall be made by the Bank, on
receipt of the specified Licenses successful installation and commissioning at the sites, submission of
the documents specified and on submission of PBG.
In case installation of software items is delayed due to any reason attributable to the Bank and delay
is more than 30 days from the date of delivery then 100% of the cost of equipments will be released
after submission of undertaking by the vendor that installation will be carried out as and when
required by the Bank.
The Licenses must be in the name of the Bank.
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2.3 ACCEPTANCE TESTS
The system is subject to an Acceptance test. Vendor has to arrange one Engineer at the site at the date and time
mentioned by the Bank to assist in the acceptance test.
2.4 DELIVERY
MANUALS:
Before the goods and equipment are taken over by the Bank, the Selected Vendor shall supply
operation and maintenance manuals. These shall be in such details as will enable the Bank to operate,
maintain, adjust and repair all parts of the works as stated in the specifications.
The manuals shall be in the ruling language (English).
Unless and otherwise agreed, the goods and equipment shall not be considered to be completed for the
purposes of taking over until such manuals have been supplied to the Bank.
FOR SYSTEM & OTHER SOFTWARE THE FOLLOWINGS WILL APPLY:
The Bank reserves the right to review the user/technical documentation of the proposed software
to verify compliance with the technical specifications included in the RFP.
The Selected Vendor shall provide complete and legal documentation of hardware, all subsystems,
operating systems, compiler, system software and the other software. The Selected Vendor shall
also provide licensed software for all software products, whether developed by it or acquired from
others. The Selected Vendor shall also indemnify the Bank against any levies/penalties on account
of any default in this regard.
PACKING:
The Selected Vendor will be required to make separate packages for each consignee. Each
package will be marked on three sides with proper paint/indelible ink with the following -
(i) Contract No.:
(ii) Purchase Order No., (iii) Selected Vendor‟s Name;
(iv) Packing List Reference Number.
The Selected Vendor shall provide such packing of the Goods as is required to prevent their
damage or deterioration during transit to their final destination. The packing shall be sufficient to
withstand, without limitation, rough handling during transit and exposure to extreme temperatures,
salt and precipitation during transit and open storage. Packing case size and weights shall take into
consideration, where appropriate, the remoteness of the Goods‟ final destination and the absence
of heavy handling facilities at all points in transit.
DELIVERY AND DOCUMENTS:
Delivery of the goods shall be made by the Selected Vendor within Four- weeks from Receipt of
Purchase Order from the concerned office of the Bank. The goods must be supplied with their
original and complete printed documentation.
The Selected vendor, on whom any purchase order will be placed by Head Office of the Bank,
will be required to acknowledge and update the status of Purchase order to the Bank within 2 days
of receipt of order. Non-adhering to above may lead to the cancellation of order without further
notice.
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For goods manufactured in India or goods of foreign origin already located in India, all activities
to transport the equipments to ultimate destination for delivery as per delivery schedule will be the
responsibility of the Bidder. For goods offered from outside India, all activities to clear the goods
and transport the equipments to ultimate destination for delivery as per delivery schedule will be
the responsibility of the Bidder. The Bidder will be solely responsible for complying with any
applicable export/import regulations. The Bank will in no way be responsible for any Deemed
Export benefit that may be available to the Bidder.
Within 24 hours of dispatch, the Selected Vendor shall notify the Bank and the Insurance
Company by Cable/fax etc. the full details of the dispatch including Contract No., Purchase Order
No., Description of Goods, Serial No. of goods, quantity, dispatch particulars and the date and
name of the consignee etc. The Selected Vendor shall mail the following documents to the Bank
with a copy to the Insurance Company.
Original and three copies of - a) The Selected Vendor‟s invoice showing purchase order number, goods description, serial
number/s of goods, quantity, unit price, total amount; b) Delivery note, packing list; c) Insurance certificate;
d) Selected Vendor‟s certificate (Annexure-XV) that the delivered goods are brand new in all its
components and conform to the technical specifications required by the Bank. In case of software,
the Selected Vendor should certify that the software supplied to the Bank is licensed and legally
obtained; e) Manufacturer‟s/Selected Vendor‟s warranty certificate; f) Excise gate pass/ octroi receipts, wherever applicable duly sealed indicating payments made; and g) Any other document evidencing payment of statutory levies.
The above documents shall be received by the Bank before arrival of the Goods (except when the
goods are delivered directly to the consignee) and if not received; the Selected Vendor will be
responsible for any consequent expenses.
2.5 INSTALLATION
The Selected Vendor will promptly install the delivered goods at the designated installation
sites. The Selected Vendor is responsible for installation and configuration of systems at sites
including unpacking of cartons / boxes, assembling, wiring, cabling between hardware units and
connecting to power supplies. The Selected Vendor will test all hardware operations and
accomplish all adjustments necessary for successful and continuous operation of the hardware at
the installation sites.
The Selected Vendor must, in coordination with the Application Vendors concerned, integrate
hardware and software components supplied by them to ensure inter-working of hardware and
software. The Selected Vendor will also be responsible to co-operate with the Bank and/or its
application software vendor, who will install the application software and drivers on the
systems, to ensure that the integrated systems are fully functional.
The Bank reserves the right to install third party software/hardware or any other products at the
same site.
The Bank reserves the right to shift any equipment delivered by the Selected Vendor from one
destination to another at its cost for which the Selected Vendor shall extend all assistance and
install the equipment at the new site.
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The Selected Vendor will be required to provide the following services in coordination with the
Application Vendors concerned - o Performance of on-site assembly and start-up of the supplied equipment, operating
system & related software. o Installation of the equipments. Vendor need to ensure the HSM Device is compatible
with the Smart Chip eKYC 2.1 being used for Aadhar Authentication through biometric
devices and TCS FI gateway / software version presently being used by bank for Rupay
based Transaction being done at Kiosk point and should smoothly integrate / implement
with existing application at their own cost. o Timely and proper maintenance of the supplied Goods. o Furnishing of a detailed operations and maintenance manual for each appropriate unit of
the supplied goods and equipment. o Performance or maintenance of the supplied Goods; for a period of five years (3 years
Warranty + 2 years AMC), provided that this service shall not relieve the Selected
Vendor of any Warranty obligations.
SPARE PARTS:
The Selected Vendor shall carry sufficient inventories to assure ex-stock supply of consumables
and spares, if any, at the concerned support site(s). Selected Vendor shall ensure the availability of
after sales service for period of five years.
If any of the peripherals, components are not available or difficult to procure or the procurement is
likely to be delayed for replacement if required, the replacement shall be carried out with state of
the art technology equipment of equivalent or higher capacity at no additional charges to the Bank.
TRAINING:
For items being procured, the Selected Vendor may be asked to train upon it‟s installation, the
designated end-user (personnel of the Bank) to effectively operate the system. The training shall
also cover use of various features of the related H/W or S/W, as the case may be.
2.6 INSURANCE
The goods supplied shall be fully insured by the vendor in Indian Rupees only for an amount
equal to 110% of the CIP Destination value of the goods from “warehouse to warehouse (Final
Destination)” on “All Risks” basis including War Risks and Strike clauses valid for a period not
less than 3 months after installation and commissioning and issue of acceptance certificate by the
Bank and no separate charges will be paid by the Bank.
Should any loss or damage occur, the Selected Vendor shall -
a) Initiate and pursue claim till settlement, and b) Promptly make arrangements for repair and/or replacement of any damaged item/s
irrespective of settlement of claim by the underwriters.
2.7 WARRANTY
The Selected vendor warrants that the Goods supplied under the Contract are new, unused, of the
most recent or current models and incorporate all recent improvements in design and materials.
The Selected Vendor further warrants that all the Goods supplied under this Contract shall have no
defect arising from design, materials or workmanship or from any act or omission of the Selected
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Vendor that may develop under normal use of the supplied Goods in the conditions prevailing at
the final destination.
This warranty shall remain valid for a period of 36 months after the Goods have been delivered to
and accepted at the final destination after proper installation and commissioning. Any deviation to
the warranty period mentioned above may be liable for rejection of bid.
Free on-site maintenance services shall be provided by the Selected Vendor during the period of
warranty.
The Bank shall promptly notify the Selected Vendor in writing of any claims arising under this
warranty.
Upon receipt of such notice, the Selected vendor shall, within 24 hours repair or replace the
defective goods or parts thereof, without any cost to the Bank.
If the Selected Vendor, having been notified, fails to remedy the defect(s) within a reasonable period
as specified above, the Bank may proceed to take such remedial action as may be necessary, at the
Selected Vendor‟s risk and expense and without prejudice to any other rights which the Bank may
have against the Selected Vendor under the Contract.
The Selected Vendor must provide the following warranties -
a) The equipment proposed is complete in every way. b) The hardware/software specification, capabilities and performance characteristics are as stated
in the Selected vendor‟s proposal and accompanying documentation. c) The Selected Vendor will offer the Bank all technological updates, cost reductions and facilities
which are offered to other clients during the contract tenure. d) If during the warranty period, any equipment has a hardware failure on four or more occasions
in a quarter, the Selected Vendor shall replace the entire unit or component with another of at
least the same quality and performance specifications at no cost to the Bank.
POST-WARRANTY MAINTENANCE SERVICE:
The terms for providing post-warranty maintenance including supply of spare parts/software
updates are detailed in the Standard AMC Agreement format (Annexure-XIV).The post-
warranty AMC/ATS (Annual Technical Support) charges should remain unchanged during
the TCO period of 5 years and extended period of additional Two (2) years.
After expiry of the warranty period, annual maintenance and repairs of the entire systems will be
done by the Selected Vendor and all services available during warranty period will also be made
available during post-warranty AMC/ATS period.
The maximum response time for maintenance complaint from any of the destination (i.e. Time
required for Selected Vendors maintenance engineer to report at the installation site after a request
call through telephone/e- mail is made or letter is written) shall not exceed 4 hours.
2.8 PREVENTIVE MAINTENANCE
The bidder should provide onsite preventive maintenance on quarterly basis. During preventive
maintenance bidders have to do the health checkup of HSM installed, general preventive maintenance
and to inspect site conditions. Providing of all deliverables including warranty services etc. under the
rate contract shall be the sole responsibility of the bidder. Bank will not be responsible for any
delays/violation from third party OEMs.
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2.9 SYSTEM UP TIME
The Selected Vendor will carry out preventive and corrective maintenance activities to ensure that
all hardware perform without defect or interruption for at least 99.5% uptime for 24 hours a day
for all 7 days a week of operation of the equipment. The uptime will be calculated on quarterly
basis.
If any critical component of the entire configuration is out of service for one day or more, the
Selected Vendor shall immediately replace the defective unit with a new unit of equivalent or
higher performance at no cost to the Bank.
The Selected Vendor will respond to a service call and commence repair work on the equipment
within 4 hours of being notified of equipment malfunction/ failure.
The Selected Vendor will not subcontract or delegate or permit anyone other than its own
personnel to provide maintenance services during warranty and maintenance period without the
prior written consent of the Bank. In such a case, the Bank will have the discretion to forfeit the
Performance Security.
2.10 ANNUAL MAINTENANCE CONTRACT
Site-wise annual maintenance and repair cost (after warranty period) for the items as per PO shall be
paid by Head Office of the Bank, in advance, at the agreed rates, within thirty days from the date
of completion of warranty/maintenance period, subject to satisfactory services rendered during the
previous year of warranty/maintenance and on submission necessary papers for AMC agreement
to the concerned office.
The AMC amount shall be released (after warranty period) on entering into an Agreement as per
Standard Format with the Bank for Annual Maintenance (Annexure XIV) of the supplied goods.
2.11 DELAYS IN THE BIDDER‟S PERFORMANCE
The bidder must strictly adhere to the implementation schedule, as specified in the purchase contract,
executed between the Parties for performance of the obligations, arising out of the purchase contract and
any delay in completion of the obligations by the Bidder will enable Bank to resort to any or both of the
following:
i. Claiming Liquidated Damages
ii. Termination of the purchase agreement fully or partly and claim liquidated damages.
iii. Forfeiting of Earnest Money Deposit / Invoking EMD Bank Guarantee
2.12 LIQUIDATED DAMAGES
If supplier fails to deliver any or all goods or perform services within stipulated time schedule, the Bank
shall, without prejudice to its other remedies under the rate contract, deduct from the ordered price, as
liquidated damages, a sum equivalent to 1% of the order value for each week of delay subject to the
maximum of 10%. The penalty will be charged on order value for the items for which delivery is
delayed.
The Bank is entitled to deduct the penalty from the purchase price or any other amount, which is due to
supplier from this contract, or any other contract or by invoking the Bank Guarantee.
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2.13 ORDER CANCELLATION
The Bank reserves the right to cancel the contract placed on the selected Bidder and recover expenditure
incurred by the Bank under the following circumstances:-
a. The selected Bidder commits a breach of any of the terms and conditions of the bid and fails to
meet agreed uptime.
b. The Bidder goes into liquidation, voluntarily or otherwise.
c. An attachment is levied or continues to be levied for a period of seven days upon effects of the
bid.
d. If the selected Bidder fails to complete the assignment as per the time lines prescribed in the
RFP and the extension if any allowed, it will be a breach of contract. The Bank reserves its
right to cancel the order in the event of delay and forfeit the bid security as liquidated damages
for the delay.
e. If deductions of account of liquidated damages exceeds more than 10% of the total contract
price.
f. In case the selected Bidder fails to deliver the quantity as stipulated in the delivery schedule,
The Bank reserves the right to procure the same or similar product from alternate sources at
the risk, cost and responsibility of the selected Bidder.
g. The Bank reserves the right to recover any dues payable by the selected bidder from any
amount outstanding to the credit of the selected Bidder, including the pending bills and/or
invoking the Bank guarantee under this contract.
h. The Bank reserve its right to cancel the order in the event of one or more of the following
situations, that are not occasioned due to reasons solely and directly attributable to the Bank
alone.
2.14 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.
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
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.
Nothing herein shall restrict the right of the Bank to invoke the Performance Bank Guarantee and
other guarantees, securities furnished, enforce the Deed of Indemnity and pursue such other rights
and/or remedies that may be available to the Bank under law or otherwise.
The termination hereof shall not affect any accrued right or liability of either Party nor affect the
operation of the provisions of the Contract that are expressly or by implication intended to come into
or continue in force on or after such termination.
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2.15 DISPUTE RESOLUTION MECHANISM
The Bidder and the Bank shall endeavor their best to amicably settle all disputes arising out of or in
connection with the Contract in the following manner:-
I. The Party raising a dispute shall address to the other Party a notice requesting an amicable
settlement of the dispute within seven (7) days of receipt of the notice.
II. The matter will be referred for negotiation between General Manager of the Bank / Purchaser and
the Authorized Official of the Bidder. The matter shall then be resolved between them and the
agreed course of action documented within a further period of 15 days.
In case any dispute between the Parties, does not settle by negotiation in the manner as mentioned above,
the same may be resolved exclusively by arbitration and such dispute may be submitted by either party for
arbitration within 20 days of the failure of negotiations. Arbitration shall be held in New Delhi and
conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory
modification or re-enactment thereof. Each Party to the dispute shall appoint one arbitrator each and the
two arbitrators shall jointly appoint the third or the presiding arbitrator.
The “Arbitration Notice” should accurately set out the disputes between the parties, the intention of the
aggrieved party to refer such disputes to arbitration as provided herein, the name of the person it seeks to
appoint as an arbitrator with a request to the other party to appoint its arbitrator within 45 days from
receipt of the notice. All notices by one party to the other in connection with the arbitration shall be in
writing and be made as provided in this tender document.
The arbitrators shall hold their sittings at New Delhi. The arbitration proceedings shall be conducted in
English language. Subject to the above, the courts of law at New Delhi alone shall have the jurisdiction in
respect of all matters connected with the Contract/Agreement. The arbitration award shall be final,
conclusive and binding upon the Parties and judgment may be entered thereon, upon the application of
either party to a court of competent jurisdiction. Each Party shall bear the cost of preparing and presenting
its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally
by the Parties unless the award otherwise provides.
The Bidder shall not be entitled to suspend the Service/s or the completion of the job, pending resolution
of any dispute between the Parties and shall continue to render the Service/s in accordance with the
provisions of the Contract/Agreement notwithstanding the existence of any dispute between the Parties or
the subsistence of any arbitration or other proceedings.
Notwithstanding the above, the Bank shall have the right to initiate appropriate proceedings before any
court of appropriate jurisdiction, should it find it expedient to do so.
2.16 JURISDICTION
The jurisdiction of the courts shall be in New Delhi.
2.17 NOTICES
Notice or other communications given or required to be given under the contract shall be in writing and
shall be faxed/e-mailed followed by hand-delivery with acknowledgement thereof, or transmitted by pre-
paid registered post or courier.
Any notice or other communication shall be deemed to have been validly given on date of delivery if hand
delivered & if sent by registered post than on expiry of seven days from the date of posting.
2.18 AUTHORIZED SIGNATORY
The selected Bidder shall indicate the authorized signatories who can discuss and correspond with the bank
with regard to the obligations under the contract. The selected Bidder shall submit at the time of signing
the contract a certified copy of the resolution of their board, authenticated by the company secretary,
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authorizing an official or officials of the Bidder to discuss, sign agreements/contracts with the Bank , raise
invoice and accept payments and also to correspond. The Bidder shall provide proof of signature
identification for the above purposes as required by the bank.
2.19 FORCE MAJEURE
Force Majeure is herein defined as any cause, which is beyond the control of the selected Bidder or the
Bank as the case may be which they could not foresee or with a reasonable amount of diligence could not
have foreseen and which substantially affect the performance of the contract, such as:-
Natural phenomenon, including but not limited to floods, droughts, earthquakes and epidemics
Acts of any government, including but not limited to war, declared or undeclared priorities,
quarantines and embargos
Terrorist attack, public unrest in work area
Provided either party shall within 10 days from occurrence of such a cause, notify the other in writing of
such causes. The Bidder or the Bank shall not be liable for delay in performing his/her obligations
resulting from any force Majeure cause as referred to and/or defined above. Any delay beyond 30 days
shall lead to termination of contract by parties and all obligations expressed quantitatively shall be
calculated as on date of termination. Notwithstanding this, provisions related to indemnity, confidentiality
survives termination of the contract.
2.20 CONFIDENTIALITY
The selected vendor acknowledges that all material information which has or will come into its possession
or knowledge in connection with this agreement or the performance hereof, consists of confidential and
proprietary data, whose disclosure to or use by third parties will be damaging or cause loss to PUNJAB &
SIND BANK. The vendor agrees to hold such material and information in strictest confidence and not to
make use thereof other than for the performance of this agreement to release it only to employees requiring
such information and not to release or disclose it to any other party. The vendor agrees to take appropriate
action with respect to its employees to ensure that the obligations of non-use and non- disclosure of
confidential information under this agreement can be fully satisfied.
2.21 OWNERSHIP AND RETENTION OF DOCUMENTS
The Bank shall own the documents, prepared by or for the selected Bidder arising out of or in connection
with the Contract.
Forthwith upon expiry or earlier termination of the Contract and at any other time on demand by the Bank,
the Bidder shall deliver to the Bank all documents provided by or originating from the Bank and all
documents produced by or from or for the Bidder in the course of performing the Service(s), unless
otherwise directed in writing by the Bank at no additional cost.
The selected Bidder shall not, without the prior written consent of the Bank, store, copy, distribute or
retain any such Documents.
The selected Bidder shall preserve all documents provided by or originating from the Bank and all
documents produced by or from or for the Bidder in the course of performing the Service(s) in accordance
with the legal, statutory, regulatory obligations of the Bank in this regard.
2.22 PATENT RIGHTS
In the event of any claim asserted by a third party of infringement of copyright, patent, trademark,
industrial design rights, etc., arising from the use of the Goods or any part thereof in India, the Vendor
shall act expeditiously to extinguish such claim. If the Vendor fails to comply and the Bank is required to
pay compensation to a third party resulting from such infringement, the Vendor shall be responsible for the
compensation to claimant including all expenses, court costs and lawyer fees. The Bank will give notice to
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the Vendor of such claim, if it is made, without delay. The Vendor shall indemnify the Bank against all
third party claims.
2.23 COMPLIANCE WITH STATUTORY AND REGULATORY PROVISIONS
It shall be the sole responsibility of the Vendor to comply with all statutory, regulatory & Law of Land and
provisions while delivering the services mentioned in this RFP.
2.24 INTELLECTUAL PROPERTY INDEMNITY & INDEMNITY AGAINST MISUSE OF
LICENSE
The selected vendor has to undertake to indemnify Punjab & Sind Bank and its officers, employees and
agents against liability, including costs, for actual or alleged direct or contributory infringement of, or
inducement to infringe, any Indian or foreign patent, trademark or copyright, arising out of the
performance of this contract.
The selected vendor shall have to undertake to indemnify Punjab & Sind Bank and its officers, employees
and agents against liability, including costs, for actual or alleged direct or contributory infringement or
misuse by vendor of, any license issues arising out of the execution of this contract.
2.25 LEGAL COMPLIANCE
The successful bidder hereto agrees that it shall comply with all applicable union, state and local laws,
ordinances, regulations and codes in performing its obligations hereunder, including the procurement of
licenses, permits and certificates and payment of taxes where required. If at any time during the term of
this agreement, the Bank is informed or information comes to the Bank's attention that the Successful
bidder is or may be in violation of any law, ordinance, regulation, or code (or if it is so decreed or
adjudged by any court, tribunal or other authority), the Bank shall be entitled to terminate this agreement
with immediate effect.
The Successful bidder shall maintain all proper records, particularly but without limitation accounting
records, required by any law, code, practice or corporate policy applicable to it from time to time
including records, returns and applicable documents under the Labour Legislation.
The Successful bidder shall ensure payment of minimum wages to persons engaged by it as fixed from
time to time under the Minimum Wages Act, 1948. In case the same is not paid, the liability under the act
shall solely rest with the successful bidder.
2.26 GOVERNING LAW AND RESOLUTION OF DISPUTES
All disputes or differences whatsoever arising between the parties out of or in relation to the construction
meaning and operation or effect of the Contract / Tender Documents or breach thereof shall be settled
amicably. If, however, the parties are not able to solve them amicably, the same shall be settled by
arbitration in accordance with the applicable national laws, and the award made in pursuance thereof shall
be binding on the parties. Any appeal will be subject of the exclusive jurisdiction of courts at Delhi and
the language of the arbitration proceedings and that of all documents and communication between the
parties shall be in English.
The laws applicable to this contract shall be the laws in force in New Delhi, India. The contract shall be
governed by and interpreted in accordance with Indian law.
The successful bidder(s) shall continue work under the Contract during the arbitration proceedings unless
otherwise directed in writing by the Bank or unless the matter is such that the work cannot possibly be
continued until the decision of the arbiter, as the case may be, is obtained. The venue of the arbitration
shall be in Delhi.
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2.27 CONFLICT OF INTEREST
The Bidder shall disclose to the Bank in writing all actual and potential conflicts of interest that exist,
arise or may arise (either for the Bidder or the Bidder‟s team) in the course of performing the Service(s)
as soon as practical after it becomes aware of that conflict.
2.28 PUBLICITY
Any publicity by either party in which the name of the other party is to be used should be done only with
the explicit written permission of such party.
2.29 Non-Disclosure Agreement/Service Level Agreement (SLA)
The selected vendor shall be required to sign Non-Disclosure Agreement (Annexure N) and Service Level
Agreement (SLA) covering all terms and conditions of this tender and Purchase Order
confidentiality and non-disclosure clauses.
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CHAPTER - 3
SCOPE OF WORK
The Broad Scope of work is as under:-
3.1 To supply, commission, install, test, configure and maintain Four network based HSM (Hardware
Security Module) devices and Supporting Software for eKYC (Biometric) and Financial Inclusion
Server Setup at Data Centre and Disaster Recovery Sites, two modules each as detailed in
Technical Specification-Annexure II for its UIDAI Aadhaar Authentication Services.
3.2 HSMs shall be installed (two each) at Bank's DC (5th Floor, Tower2, International Infotech Park,
Vashi Railway Station, Navi Mumbai-400703) and DR (Plot No 2,3,4, Knowledge Park-4, IT Park,
C/O WIPRO Technologies, Near Delta I, Gautam Budh Nagar, Greater Noida, Uttar Pradesh 201308) sites
by the Vendor. The vendor has to supply 2 each HSMs to the respective sites.
3.3 During the contract period, bidders have to pass on the benefit of discount / Reduction in
prices /Govt. duties, if any, to the Bank voluntarily. In case of failure, Bank reserves the right to
terminate the rate contract with immediate effect.
3.4 Bank will have periodic review of technology. In case any of the models becomes obsolete, then
Bank will consider the alternate model in consultation with the OEM. The Vendor will also provide
the latest model available, if there is upward revision in the model offered, at no extra cost to Bank.
3.5 The Bank, at its sole discretion, reserves the right to shift the equipment to a suitable location
(including Bank's RRB - Satlej Gramin Bank) depending upon the need. The Bidder will arrange to
shift the equipment, install and commission the same at the shifted location However cost of
transportation for shifting outside the premises shall be borne by the Bank.
3.6 Bidder should provide comprehensive onsite three (3) year warranty.
3.7 All the parts of items would be covered under comprehensive warranty mentioned above. If there is
any gap between Bank's requirement and OEM warranty then it will be the responsibility of bidder
to fill up the gap. The accessories required for the equipment should also be specified.
3.8 Bidder should undertake to provide maintenance support to equipment and arrange for spare parts
for a minimum period of 5 years. Comprehensive annual maintenance contract has to be entered
into separately with the bank for this purpose and also have to execute the Master AMC agreement
with the Bank as per format provided on the due date without any exception.
3.9 Bidder has to guarantee minimum uptime of 99.5% and shall execute service level agreement for
the same.
3.10 Bidder should specify various infrastructure requirements which need to be provided for
commissioning and smooth functioning of the (04) HSMs. This will include site requirements,
power, cables, connectors, environmental conditions, illumination, earthing parameters etc. Before
installation of HSMs/vendor has to inspect the site for prescribed site requirements and for fire
safety.
3.11 Obtaining of the Road permits, form 32, other security forms, etc. will be the sole responsibility of
the successful bidder. However, Bank will sign the necessary forms as purchaser, as per the
requirements.
3.12 Vendor need to ensure the HSM Device is compatible with the Smart Chip eKYC 2.1 being used for
Aadhar Authentication through biometric devices and TCS FI gateway / software version presently
being used by bank for Rupay based Transaction being done at Kiosk point and should smoothly
integrate / implement with existing application at their own cost
The above is the broad scope of work. The bidders are required to go through the complete document
thoroughly. The obligation / responsibilities mentioned elsewhere in the document, if any, shall be the
integral part of the scope.
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CHAPTER - 4
PENALTIES
4.1 Penalty for Delivery
The system is to be delivered within stipulated time from the date of order:-
i. For this purpose, delivery means delivery of all the ordered equipment along with the set
of document/CDs on operational use of the equipment, as specified in the orders.
ii. If the bidder fails to deliver any or all goods or perform services within stipulated time
schedule, the Bank shall, without prejudice to its other remedies under the rate contract,
deduct penalty at the rate of 1% of the order value of undelivered equipment / system for
per week of delay, as late delivery charges until actual delivery of the equipment subject
to a maximum of 10% of the order value. The Penalty will be charged on order value for
the items for which delivery is delayed.
iii. The Bank is entitled to withhold (deduct) from the purchase price or any other amount,
which is due to bidder/supplier from the contract.
iv. The Bank reserves the right to cancel the order in case complete delivery/services are not
effected within the stipulated time.
4.2 Penalty for installation
Penalty will be charged @1% per week delay in installation, subject to maximum 5% of total cost of
un installed items (out of total order value), which will be over & above the late delivery charges.
4.3 Penalty for Downtime
The Selected vendor shall execute all the Purchase Orders placed by the Bank. If any purchase
order placed by the Bank is not executed by the Selected vendor then the penalty of 5% of order
value will be deducted from any of the previous payments due to the Selected vendor.
The maximum permissible downtime for the equipment is 8 hours. In case an item is not usable
beyond the maximum permissible downtime, the Selected Vendor will be required to arrange for
an immediate replacement of the same by temporary substitute (of equivalent or higher
configuration) till it is repaired. Failure to meet the above standards of maintenance will be liable
for a penalty of Rs.1000/- for any equipment per day per item. The amount of penalty in a year
for particular item will be maximum upto 10% of the order value of that item. The amount of
penalty will be recovered from maintenance charges payable for subsequent year or bank
guarantee held with the Bank
The Selected Vendor shall conduct preventive maintenance (including inspection, testing,
satisfactory execution of all diagnostics, cleaning and removal of dust and dirt from the
equipment and necessary repairing of the equipment) once at least in every 90 days in addition to
the normal maintenance required.
4.4 Penalty for Default in Services
Any Default in services as stipulated during Warranty and AMC period, the vendor shall be liable for a
penalty of Rs. 300/- per violation per day which shall be deductible from any payment towards the
vendor from the Bank.
Page 27 of 53
Recovery of Penalty:
(I) During warranty Period: Amount of penalty will be recovered from vendor, on demand
from Bank. The vendor undertakes to pay the penalty amount as prescribed by the Bank.
Bank reserve the right to invoke the Bank Guarantee for recovering the penalty amount.
(II) During AMC Period: Amount of penalty as per above clauses will be
recovered/adjusted while making payment of AMC under the maintenance contract.
The Bank reserves the right to recover the penalty amount by any mode such as adjusting from any
payments to be made by the Bank to the Bidder.
Page 28 of 53
ANNEXURE -I
Tender Covering Letter
The Assist. General Manager - IT
Punjab & Sind Bank,
Bank House, 21, Rajendra Place,
New Delhi -110008
Dear Sir,
Sub: RFP for “Supply, Installation & Maintenance of Four network based HSM (Hardware Security Module) devices and Supporting Software for eKYC (Biometric) and Financial Inclusion Server Setup at Data Centre and Disaster Recovery Sites, two modules each for its UIDAI Aadhaar Authentication
Services" - Tender Ref No.________________________________ dated _________________
With reference to the above RFP, having examined and understood the instructions including all annexure,
terms and conditions forming part of the Bid, we hereby enclose our offer for "Supply, Installation &
Maintenance of Four network based HSM (Hardware Security Module) devices and Supporting Software for
eKYC (Biometric) and Financial Inclusion Server Setup at Data Centre and Disaster Recovery Sites, two
modules each for its UIDAI Aadhaar Authentication" forming Technical as well as Commercial Bids being
parts of the above referred Bid.
Further we agree to abide by the terms and conditions of this tender and our offer shall remain valid for 180
days from the date of commercial bid opening and our offer shall remain binding upon us which may be
accepted by the Bank any time before expiry of 180 days.
Until a formal contract is executed, this tender offer, together with the Bank‟s written acceptance thereof and
Bank‟s notification of award, shall constitute a binding contract between us.
We understand that the Bank is not bound to accept the lowest or any offer the Bank may receive. We also
certify that we are not blacklisted / banned by any Public sector Bank/PSU/GOI Department at the time of bid
submission.
Dated this ____day of __________, 2017
Signature: (In the Capacity of)
Page 29 of 53
ANNEXURE - II
TECHNICAL SPECIFICATION
S.No. Item Description Quantity
Hardware
1 FIPS 140 -2 compliant HSM with Supporting Software 4
S.No Specification Required Specification
Offered by
the Bidder
Compliance
(Yes/No)
1 Make and Model of proposed HSM
2 Must support cryptographic offloading and
acceleration
3 Should provide Authenticated access control
4 Must have strong separation of administration
and operator Roles
5 The performance in terms of speed upgrade must
be license based within same hardware
6 Must have secure key wrapping, backup,
replication and Recovery
7 Must support protection of keys according to
FIPS 140-2
(If certification is pending but applied to concern
certification)
8 Must support clustering and load balancing
9 Must provide logical separation of Private Keys
in Hardware, if required
10 Minimum 3 Client Licensed to be considered
11 Network based HSM to be considered
12 API's- PKCS#11, OpenSSL, Java (JCE),
Microsoft CAPI and CNG
13 Dual Gigabit Ethernet ports (to service two network segments)
14 Asymmetric public key algorithms: RSA, Diffie-Hellman,DSA, KCDSA, ECDSA3, ECDH3
15 Symmetric algorithms: AES, ARIA, CAST, HMAC, SEED, Triple DES
16 Hash/message digest: SHA-1, SHA-2 (224, 256, 384, 512 bit)
17 Full Suite B Implementation with fully licensed ECC including Brainpool and custom curves
18 Security compliance :FIPS 140-2
19 Support Remote Administration - including
adding applications, updating firmware and
checking the status from NOC
Page 30 of 53
20 Syslog diagnostics support
21 Command line interface (CLI)/graphical user
interface (GUI)
22 Support SNMP monitoring agent
23 Standard rack mount with Smart Card Reader /
USB token
24 RSA 2048 bit signing performance must be
300/second and higher
25 Preferred support for secure execution of custom
security -critical application code within the
tamper resistant hardware boundary.
26 Ability to generate RSA keys(2048 and 4096) on
board on demand and shall be secured by high
security module in accordance with FIPS 140-2
level 3.0
27
The proposed solution must include the
software/hardware to securely store the keys at
DC,at DR and one remote location and restore
them in case of necessity
Secure instant and automatic Key Cloning
between HSM devices in cluster
28 Include Smart Card or Operator/Admin Cards or
USB based Token (minimum 10 Per HSM)
29 Field serviceable components (power supplies
and fans)
30 Must have Dual hot-swap power supplies from
day one per HSM.
Page 31 of 53
ANNEXURE-III
Compliance to Minimum Eligibility Criteria
S No. Eligibility Clause Complied
(Y/N)
EC-1 The Bidder should be an OEM or authorized Channel partner/ Dealer/
Supplier of OEM of the proposed items with back to back support
arrangement for all the items proposed in the bid.
EC-2 The bidder should have been operating for a minimum period of 3 years in
India as on 31.03.2017
EC-3 The bidder should have supplied, installed and maintained HSM card, in/
for at least one Scheduled Commercial Banks or PSU or Financial
Institutions in India during last three years.
EC-4 The bidder should not be a defaulter for any State Government or Central
Government and should not have been blacklisted / debarred by any
Scheduled Commercial Banks or PSU or Financial Institutions operating in
India, during last three financial years under reference i.e., 2014-15, 2015-
16, and 2016-17.
EC-5 The bidder/OEM should be ISO 9001 certified company.
EC-6 The Bidder must have positive net worth /cash profit in last 3 financial
years (2014-15, 2015-16 & 2016-17)
EC-7 The bidder should have a minimum turnover of Rs. 5 Crore in the last 3
financial years (2014-15, 2015-16 & 2016-17)
Signature
Seal of Company
Page 32 of 53
Annexure-IV
Bidder‟s information
The Assist. General Manager (IT)
Punjab & Sind Bank,
HO Information Technology Department,
Bank House, 2nd
Floor,
21, Rajendra Place, New Delhi -110008
Reg : Supply, Installation & Maintenance of Four network based HSM (Hardware Security Module)
devices and Supporting Software for eKYC (Biometric) and Financial Inclusion Server Setup at Data
Centre and Disaster Recovery Sites, two modules each for its UIDAI Aadhaar Authentication.
With reference to your RFP No._________________________________dated
________________(Read with its Addendums/Corrigendum/Amendments), we submit necessary
information hereunder:-
1. Name & address of the Company with
direct phone numbers
2. Name of the company
3. Registration No. and date of establishment
4. Website Address
5. Email Address
4 Present strength of the firm
(a) Is Company ISO Certified
(b) No. of HSMs sold
(c) No. of sites handled presently
(d) Nos. of Staff Members
5 Average time required to attend the call in
case of repair during 3 year warranty
6 Total Service Support centers in India
7. Detail of Tender Fee and Earnest Money
Deposited.
8. Figures for last 3 years (in Crores with
two decimal):-
Annual Turnover
Profit
Revenue earned from UPS Business
2014-15 2015-16 2016-17
__________ ___________
___________
__________ ___________
____________
__________ ___________
____________
9 Income Tax PAN
Page 33 of 53
10 Service Tax Registration No.
11 Trade Identification No.(TIN) for VAT
12 Trade Identification No.(TIN) for CST
13 GST Identification Number & Certificate
DECLARATION
I/We hereby declare that the terms and conditions of the tender stated herein and as may be
modified/mutually agreed upon are acceptable and biding to me/us. We understand and agree that:-
1. The Bank is not bound to accept the lowest bid or may reject all or any bid.
2. If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when
called upon by the Bank to do so, a contract in the prescribed form. Unless and until a formal
contract is prepared and executed, this bid together with your written acceptance thereof shall
constitute a binding contract between us.
3. If our bid is accepted, we are to be jointly and severally responsible for the due performance of the
contract.
4. The Bank may accept or entrust the entire work to one Bidder or divide the work to more than one
bidder without assigning any reason or giving any explanation whatsoever and the Bank‟s
decision in this regard shall be final and binding on us. Bidder means the vendor who is decided
and declared so after examination of commercial bids.
5. We assure to comply with the HSM configuration, that will be original, no duplicate or old/ used
parts will be supplied.
6. We undertake that the HSM offered will be configured with valid Original components only of the
same brand; "Zero boxes" will not be supplied. The only exceptions may be add-on components.
Even these, however, will be of approved Brands/Model.
7. We undertake to give a service commitment along with availability of spare parts for at least five
years.
8. We undertake that Components will have to be installed at respective sites. Proper service/support
centre(s) will be provided by our qualified service engineers and wherever found necessary
service/support will be set-up in close proximity to these sites.
9. In view of the critically of the application, the equipment(s) at any time will be kept by us in
efficient running condition. Immediate replacement of defective parts will be done with a view to
ensuring 99.5% uptime.
10. Quarterly preventive maintenance (QPM) will be carried out during the currency of three year
warranty and such QPM Report shall be delivered to the branch.
Name of person Authorized
to sign
Mobile No.
Date:
Place :
Official Stamp: SIGNATURE OF AUTHORISED SIGNATORY
Page 34 of 53
ANNEXURE –V
ACCEPTANCE/ COMPLIANCE CERTIFICATE
All Terms and Conditions including scope of work (except technical specifications)
We here by undertake and agree to abide by all the terms and conditions stipulated by the Bank in
this RFP including all addendum, corrigendum etc. Any deviation may result in disqualification
of bids.
Signature:
Seal of company
Technical Specification
We certify that the systems/services offered by us for tender conform to the specifications
stipulated by you with the following deviations
List of deviations
1)
2)
3)
4)
(If left blank it will be construed that there is no deviation from the specifications given above) Signature:
Seal of company
Page 35 of 53
ANNEXURE-VI
SERVICE SUPPORT CENTERS DETAILS
Sr.No.
Location Status of
Office
Working
days &hours
No. of
Maintenance
Engineers
Volume
of min.
stock of
spares
available
at all
time
Address Office
Tele./fax
Number
Name of contact
Person with
contact number
Signature and Seal of Bidder
Page 36 of 53
ANNEXURE-VII
DETAIL OF PERFORMANCE DURING LAST 3 YEARS
NAME OF BIDDER: _______________________________
Order
Placed by
(Full Address
of Purchaser)
Order
No.
and
Date
Description
and Quantity
of ordered
Equipment
Value
of
Order
Date of
Completion
Remark
(reason
for late
delivery)
Performance
of
equipment
(Attach
certificate
from
customer)
As per
contract
Actual
Signature and Seal of Bidder
Page 37 of 53
ANNEXURE-VIII
Format for Commercial Bid
(Bill of Material)
Table – 1 Amount in Rs.
S.
No Item
Description
Qty. Price for each
Unit With 3
years
Warranty
/ATS
Cost of
AMC/ATS per
year
Total Cost
Hardware
and/or software
(A) (B) (C) (D =A x (B +
2xC))
4
TOTAL cost of 4 HSM cards
NOTE:
1.
Signature
Name of the Company:
Company Seal
Page 38 of 53
ANNEXURE - IX
Performa for the Bank Guarantee for Earnest Money Deposit
(To be stamped in accordance with stamp act)
Ref: Bank Guarantee # Date :__________
Punjab & Sind Bank
Information Technology Department
21, Rajendra Place, Bank House, New Delhi 110008
Dear Sir,
In accordance with your bid reference No.______________________ Dated
_______________M/s______________________________________ having its registered office at
______________________________________________herein after called “bidder‟) wishes to
participate in the said bid for "Supply, Installation & Maintenance of Four network based HSM
(Hardware Security Module) devices and Supporting Software for eKYC (Biometric) and Financial
Inclusion Server Setup at Data Centre and Disaster Recovery Sites, two modules each for its UIDAI
Aadhaar Authentication". An irrevocable Financial Bank Guarantee (issued by a nationalized /scheduled
commercial Bank) against Earnest Money Deposit amounting to
Rs.____________(Rs._____________________________) valid up to ___________ is required to be
submitted by the bidder, as a condition for participation in the said bid, which amount is liable to be
forfeited on happening of any contingencies mentioned in the bid document.
M/s_________________________________ having its registered office at
__________________________ has undertaken in pursuance of their offer to Punjab & Sind Bank
(hereinafter called as the beneficiary) dated __________ has expressed its intention to participate in the
said bid and in terms thereof has approached us and requested us___________________________ (Name
of Bank) ________________________ (Address of Bank) to issue an irrevocable financial Bank
Guarantee against Earnest Money Deposit (EMD) amounting to Rs
___________(Rupees_______________________) valid up to__________. We, the
___________________________ (Name of Bank)________________________ (Address of Bank)
having our Head office at ______________________ therefore Guarantee and undertake to pay
immediately on first written demand by Punjab & Sind, the amount Rs.
________________(Rupees__________________________) without any reservation, protest, demur and
recourse in case the bidder fails to Comply with any condition of the bid or any violation against the
terms of the bid, Without the beneficiary needing to prove or demonstrate reasons for its such demand.
Any Such demand made by said beneficiary shall be conclusive and binding on us irrespective of any
dispute or difference raised by the bidder. This guarantee shall be irrevocable and shall remain valid up to
____________. If any further extension of this Guarantee is required, the same shall be extended to such
required period on receiving instructions in writing, from Punjab & Sind Bank, on whose behalf
guarantee is issued. "Not withstanding anything contained herein above our liability under this bank
guarantee shall not exceed Rs.____________ (Rupees__________________________).
This bank guarantee shall be valid up to ___________________. We are liable to pay the guaranteed
amount or any part thereof under this bank guarantee only if you serve upon us a written claim or
demand, on or before _____________ before 14.30 hours (Indian Standard Time) where after it ceases to
be in effect in all respects whether or not the original bank guarantee is returned to us." In witness
whereof the Bank, through its authorized officer has set its hand stamped on this _____________ Day of
______________2017 at __________________
Name of signatory Designation Bank Common Seal
Page 39 of 53
ANNEXURE X
CHECK – LIST FOR BID SUBMISSION
S.No. Document Attached
with Bid
(Y/N)
Page
Numbers
From To
1 Tender Covering Letter as per Annexure –I
2 Compliance to Minimum Eligibility Criteria
as per Annexure III (please ensure that all
related documents to Minimum Eligibility
criteria have been attached)
3 Bidders Information as per Annexure IV
4 Acceptance of the terms and conditions of
RFP and Technical Specifications
(compliance Statement as per Annexure V )
5 Service Support Centers Detail as per
Annexure – VI
6 Performance Statement as per Annexure VII
7 Sealed Envelope containing „commercial Bid
price‟ as per Annexure VIII
8 Bid Earnest Money in the form Bank Guarantee
as per Annexure IX
9 DD of Rs. 2000/- payable to Punjab & Sind
Bank toward cost of Tender Document
(Please mention the tender name with year
and company name at the back of DD/Pay
order.)
10 Copy of Power of Attorney authorizing official for
signing the Bid
11 Undertaking from Company Secretary certifying
that all the components, parts, assemblies etc used
inside the company products/hardware are new
and original.
12 Any other document indicating the feature of
the product.
13 Price masked commercial Bid
Signature
Seal of Company
Page 40 of 53
ANNEXURE-XI
Format of Performance Bank Guarantee
Tender Reference No: ______________________Date _________________
The Assist. General Manager -IT
Punjab & Sind Bank,
HO IT Department,
21, Rajendra Place, New Delhi – 110008
Dear Sir,
1. WHEREAS pursuant to a Request for Proposal dated…………….. (hereinafter referred to as RFP,
issued by Punjab & Sind Bank, Bank House, 21, Rajendra Place, New Delhi in response of (Vendor /
Service Provider), a Company registered under the Companies Act, 1956 and having its Registered /
Corporate Office at …………………………………has awarded the Contract valued
Rs………………………………….and appointed…………………….as Vendor for "Supply, Installation
& Maintenance of Four network based HSM (Hardware Security Module) devices and Supporting
Software for eKYC (Biometric) and Financial Inclusion Server Setup at Data Centre and Disaster
Recovery Sites, two modules each for its UIDAI Aadhaar Authentication" vide Appointment letter /
Purchase Order No…………………………………dated……………..on the terms and conditions as set
out inter-alia in the said RFP and in the Appointment Letter / Purchase Order.
2. WHEREAS you have in terms of the said Appointment letter / Purchase Order called upon Vendor to
furnish a Performance Guarantee, for Rs…………………………….Rupees only), equivalent
to…………………..of the Contract value, to be issued by a Bank in your favour towards due
performance of the Contract in accordance with the specifications, terms and conditions of the said
Appointment letter / Purchase Order and an Agreement entered / to be entered into in this behalf.
3. WHEREAS Vendor has approached us for issuing in your favour a performance Guarantee for the sum
of Rs…………………………….. (Rupees…………………………………….).
NOW THEREFORE in consideration of you having awarded the Contract to…..…………….inter-alia on
the terms & conditions that provides a performance guarantee for due performance of
the terms and conditions thereof. We,………………….Bank,…………………… a body corporate
constituted under ……………………………………having its Head office
at………………………………………………(give full address) and a branch inter-alia
at………………………………. India at the request of…………do hereby expressly, irrevocably and
unconditionally undertake to pay merely on demand from you and without any demur without referring to
any other source, Rs………………………….(Rupees……………………………only) against any loss
or damage caused to or suffered by or that may be caused to or suffered by you on account of any breach
or breaches on the part of ………………of any of the terms and conditions of the Contract and in the
event of………………committing any default or defaults in carrying out any of the work or discharging
any obligation under the said Contract or otherwise in the observance and performance of any of the
terms and conditions relating thereto including non-execution of the Agreement as may be claimed by
you on account of breach on the part of …………….of their obligations or default in terms of the said
Appointment letter / Purchase Order.
4. Notwithstanding anything to the contrary contained herein or elsewhere, we agree that your decision as
to whether the ……………..has committed any such breach / default or defaults and the amount or
amounts to which you are entitled by reasons thereof will be binding on us and we shall not be entitled to
Page 41 of 53
ask you to establish its claim or claims under this Guarantee, but will pay the same forthwith on demand
without any protest or demur. Any such demand made by you shall be conclusive as regards the amount
due and payable by us to you.
5. This Guarantee shall be valid up to ……….. plus 3 (three) months of the Claim period from the expiry
of said guarantee period. Without prejudice to your claim or claims arisen and demanded from or
otherwise notified to us in writing before the expiry of the said date which will be enforceable against us
notwithstanding that the same is or are enforced after the said date.
6. You will have the fullest liberty without our consent and without affecting our liabilities under this
Guarantee from time to time to vary any of the terms and conditions of the said appointment letter or the
Contract to be made pursuant thereto or extend the time of performance of the Contract or to postpone for
any time or from time to time any of your rights or powers against the ………and either to enforce or
forbear to enforce any of the terms and conditions of the said appointment letter or the Contract and we
shall not be released from our liability under Guarantee by exercise of your liberty with reference to
matters aforesaid or by reason of any time being given to or any other forbearance, act or omission on
your part or any indulgence by you or any other act, matter or things whatsoever which under law relating
to sureties, would but for the provisions hereof have the effect of releasing us from our liability hereunder
provided always that nothing herein contained will enlarge our liability hereunder beyond the limit of
Rs…………………….. (Rupees…………………………………only) as aforesaid or extend the period
of the guarantee beyond ………………….(date) unless expressly agreed to by us in writing.
7. This Guarantee shall not in any way be affected by you are taking or giving up any securities from
……………or any other person, firm or company on its behalf or by the winding up, dissolution,
insolvency as the case may be of ……….
8. In order to give full effect to the Guarantee herein contained, you shall be entitled to act as if we were
your principal debtors in respect of all your claims against ……….hereby guaranteed by us as aforesaid
and we hereby expressly waive all our rights of surety ship and other rights, if any, which are in any way
inconsistent with any of the provisions of Guarantee.
9. Subject to the maximum limit of our liability as aforesaid, this Guarantee will cover all your claim or
claims against ………from time to time arising out of or in relation to the said appointment letter /
Contract and in respect of which your claim in writing is lodged on us before expiry of Guarantee.
10. Any Notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax, e-
mail or registered post to our Head Office / Local address as aforesaid and if sent accordingly it shall be
deemed to have been given when the same has been posted.
11. This Guarantee shall not be affected by any change in the constitution of ___________or nor shall it
be affected by any change in your constitution or by any amalgamation or absorption thereof or therewith
but will enure to the benefit of and be available to and be enforceable by the absorbing or amalgamated
company or concern.
12. This Guarantee shall come into force from the date of its execution and shall not be revoked by us any
time during its currency without your previous consent in writing.
13. We further agree and undertake to pay you the amount demanded in writing irrespective of any
dispute or controversy between you and ________________ in any suit or proceeding pending before any
court, Tribunal or Arbitrator relating thereto, our liability under these presents being absolute and
unequivocal. The payments so made by us shall be a valid discharge of our liability for payment
hereunder and ____________shall have no claim against us for making such payment.
Page 42 of 53
14. We have the power to issue this Bank Guarantee in your bank‟s favour as the undersigned has full
power to execute this Bank Guarantee under the Power of Attorney issued by our Bank.
15. Our authority to issue this guarantee may be verified with our Controlling Office situated at
________________________________(full details of persons to be contacted address and phone
Numbers etc).
16. Not with standing anything contained herein above;
i) Our liability under this Guarantee shall not exceed
Rs_______________(Rupees___________________________________________only )
ii) This Guarantee shall be valid and remain in force up to_________________plus the Claim period of 3
(three) months and including the date ______________________ and
iii) We are liable to pay the guaranteed amount or any part thereof under this Guarantee only and only if
you serves upon us a written claim or demand for payment on or before the expiry of this Guarantee.
Dated this the__________________ day of ______________ 2017.
Signature and Seal of Guarantors
Vendor‟s Bank
Page 43 of 53
ANNEXURE-XII
PREBID QUIRY FORMAT
Sr. no Page No. Clause
Number
RFP
clause
Bidders
remark
Page 44 of 53
Annexure XIII
MANUFACTURER‟S AUTHORISATION FORM. No. ........................................ Dated...........
To:
PUNJAB & SIND BANK,
Head Office, Information Technology,
21, Rajendra Place ,
New Delhi – 110008, India
Dear Sir,
Sub: RFP Ref. No.: PSB/HOIT/RFP/97/2017-18 dated 18.09.2017
We......................an established and reputable manufacturers/OEM of..........................having factories/development centers at...............and..................do hereby authorise M/s..................(Name and address of Agents) to bid, negotiate and conclude the contract with you against the above RFP. We hereby extend our full guarantee and warranty as per RFP for the goods offered for supply against this invitation for bid by the above firm.
Yours faithfully,
(NAME)
For and on behalf of M/s________ (Name of Manufacturer/s)
Note : This Letter of authority should be on the letter-head of the manufacturing concern who is
authorizing the bidder to bid for their product and should be signed by a person competent
to bind the manufacturer.
Page 45 of 53
Annexure - XIV
STANDARD AMC AGREEMENT
PUNJAB & SIND BANK
(Agreement with Vendor for Annual Maintenance)
RFP Ref. No.- PSB/HOIT/RFP/97/2017-18 dated 18.09.2017
This agreement made the ---------- day of -------- 20_ between PUNJAB & SIND BANK a body
corporate constituted under the Banking Companies Act, (hereinafter called “Bank”) which
expression/shall include its successors and assigns and VENDOR M/s ____________________________________________
INCORPORATED UNDER THE COMPANIES Act, 1956 and having its registered office at
------------------------------------------ ------------------------------------------
hereinafter called THE COMPANY has agreed to provide and Bank has agreed to accept from the
company, repair and maintenance service for the computer hardware/software (hereinafter called
EQUIPMENT) listed in ANNEXURE-II hereto as amended from time to time, subject to the Bank
paying charges to the company on the following terms and conditions: In consideration of the premises it is agreed between the parties as follows:
1. COMMENCEMENTS AND TERM: 1.1 This agreement is effective and valid for an initial period of one year from ------- to ------- it
shall however be renewable every year, for a minimum period of Four years (or as finalized
under the terms of empanelment contract/PO referred to above). 1.2 Upon termination as provided under clause 1.1 above or after expiration of this agreement each
party shall forthwith return to the other all papers, materials and other properties of the other held
by each for the purpose of execution of this agreement as may be necessary for the orderly non-
disrupted business continuation of each party. 1.3 Individual items of equipment, and repair and maintenance service charge for such equipment
may be added to or withdrawn from the list i.e. Annexure-II of this agreement by mutual written
consent of both parties, and in that event the maintenance charges be accordingly adjusted on
annual basis, by realizing prepaid amount from the vendor or paying additional amount, as the
case may be.
2. CHARGES: The charges payable by Bank to the company for the AMC described herein will be the AMC quoted
by the company in its bid in response to the request for Proposal and no additional charges
whatsoever should be claimed by the vendor.
The charges shall be payable annually in advance basis on submission of invoices by the company
for payment due in accordance with this agreement accompanied by all the requisite papers.
The company is required to maintain a service roaster with provision for signature of the user to
submit subsequently with the payment invoice.
Page 46 of 53
The company is required to submit satisfactory service support report from the end user along with
the payment bill as said herein above.
The AMC charges shall be made promptly by the Bank within one month, from the date to which it
relates, subject to the company‟s satisfactory report(s) from the end users and realizing the invoice. All the prices, terms, warranty and benefits granted by the company herein are comparable to or
better than equivalent terms being offered by the company to any of its present customers. If the
company shall, during the terms of this agreement, enters into arrangement with any of its customers
providing greater benefits or more favourable terms, these agreements shall thereupon be deemed
amended to provide the same to PUNJAB & SIND BANK.
3 REPAIR AND MAINTENANCE SERVICE : 3.1 During the terms of this agreement the company agrees to maintain the equipment in perfect
working order and condition and for this purpose will provide the following repairs and
maintenance service -
a) The company shall rectify any defects, faults and failures in the equipment and shall repair and
replace worn out defective parts of the equipment during bank‟s normal local; working hours on site. In cases where unserviceable parts of the equipment need replacement, the
company shall replace such part(s) at no extra cost to PUNJAB & SIND BANK with brand
new parts or those equivalent to new parts in performance. Provided that if the company is
required to replace consumable being printer ribbons, magnetic tapes, reel cartridges, cassettes,
exchangeable disc packs, floppy disks, line printer band, this will incur an additional charge. b) The company agrees that special arrangements may be made by Bank to have such
maintenance service provided outside the hours specified above in urgent situation for which
no additional cost shall be paid.
c) The company shall provide repair and maintenance service in response to oral, including
telephone notice by Bank within 4 hours (not including holidays) after such intimation during
the hours set forth in clause 3.1 (a) above.
d) The company shall ensure that faults and failures intimated by Bank as above are set right within 24 hours of intimation failing which the equipment concerned will immediately be
replaced with equivalent affectability/capability for which no additional expenses are payable
to the company. e) The company shall ensure that the full configuration of the Equipment is available to PUNJAB
& SIND BANK in proper working condition for 99% of the time in every month. f) All repair and maintenance service described herein shall be performed by qualified engineers
totally familiar with the equipment. g) Any worn/defective parts withdrawn from the equipment replaced by the company shall
become the property of the company and the parts replacing the withdrawn parts shall become
the proper of the Bank.
h) Bank shall arrange to maintain appropriate environmental conditions, such as those relating to
space, temperature, power supply, dust within the acceptable limits required for the equipment
similar to that covered by this agreement. i) The company shall maintain at PUNJAB & SIND BANK‟s site a written maintenance and
repair log, and shall record therein each incident of equipment malfunction, date and time of
commencement and successful completion of repair work and nature of repair work performed.
The company of this log should be submitted with the payment bill/invoice to be submitted by
the company for payment of AMC Charges.
j) The company‟s maintenance personnel shall, subject to clause 7 herein is given access to the
equipment when necessary for the purpose of performing the repair and maintenance service
indicated in this agreement.
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k) The equipment shall not be shifted to an alternate site and installed thereat during the currency
of this agreement without prior to written notice to the company. However if PUNJAB &
SIND BANK desires to shift the equipment to a new site and install it threat urgently, the
company shall be informed of the same immediately. PUNJAB & SIND BANK shall bear the
charges for such shifting and reinstallation and the company shall provide necessary assistance
to PUNJAB & SIND BANK in doing so. This agreement after such shifting and reinstallation
would continue to be biding on the company and PUNJAB & SIND BANK provided that the
two parties may agree to amend charges for the maintenance services after such an event.
l) PUNJAB & SIND BANK shall arrange to maintain appropriate environmental conditions, such
as those relating to space, temperature, power supply duct, to within the acceptable limits
required for equipment similar to that covered by this agreement.
m) No term of provision hereof shall be deemed waived and no breach excused unless such as waiver or consent shall be in writing and signed by the party claimed to have waived or
consented. Any consent by any party to, or waiver of, or excuse for any other, different or
subsequent breach. n) If, in any month the company does not fulfil the provisions of clauses 3.1(c, d & f) the
proportionate maintenance charges for that month will not considered payable by PUNJAB &
SIND BANK. In such events the company will credit the proportionate maintenance charges
for that month to PUNJAB & SIND BANK against future payments, if due, or refund the
amount forthwith to PUNJAB & SIND BANK, on demand.
PREVENTIVE MAINTENANCE:
4.1 The company shall conduct preventive maintenance (including inspection, testing,
satisfactory execution of all diagnostics, cleaning and removal of dust and dirt from the interior
and exterior of the equipment) once at least in every 90 days in addition to the normal
maintenance required as per this agreement. o) 4.2 The company shall maintain at bank‟s site a written maintenance and repair log, and shall
record therein each incident of equipment malfunction, date and time of commencement and
successful completion of repair work and nature of repair work performed. The copy of this log
should be submitted with the payment bill/invoice to be submitted by the company for payment
of AMC Charges.
5 PENALTY:
In case any requirement is not made usable/repaired within stipulated time specified in clause
No. 3.1 (d) the company will be required to arrange for an immediate replacement of the same as
detailed in clause No. 3.1 (e) failing which the company will be liable to pay a penalty of Rs
1000/- for supplied item/s per day which will be realized from the AMC charges payable or from
the company directly. 6 FORCE MAJEURE :
Neither of the parties shall be liable for delay in performing obligations of for failure to perform
obligations if the delay or failure results from any of the following force Majeure, Act of God, or any
Govt. Act, fire, earthquake, natural calamity, industrial dispute, civil commotion or anything beyond
the control of either party. However the parties shall use all reasonable care & endeavours to
minimize any such delay. Upon cessation of the event giving rise to the delay the party shall, in so far
as, any be practicable under the circumstances, complete performance of their respective obligations
hereunder. Notwithstanding the foregoing if any of the above mentioned events shall preclude the
company from meeting any or all of its obligations Hereunder for a period of more than three
months; it shall be open to either party to rescind this contract by giving one month‟s notice.
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7 SUBCONTRACTING :
The company will not subcontract or delegate or permit anyone other than the company personnel to
perform any of the work, service or other performance required of the company under this agreement
without the prior written consent of the Bank.
8 EQUIPMENT ATTACHMENTS :
Bank shall have the right to make changes and attachments to the equipment, provided such charges
or attachments do not prevent proper maintenance, from being performed, or unreasonably increase
the cost of the company of performing repair and maintenance service. 9 SECURITY :
The company agrees that it and its personnel, will at all times, comply with all security regulations in effect from time at Bank‟s premises and externally for materials belonging to Bank.
10 CONFIDENTIALITY :
The company acknowledges that all material and information which has or will come into its
possession or knowledge in connection with this agreement or the performance hereof, whether
consisting of conditional and proprietary data or not, whose disclosure to or use by third parties may
be damaging or cause loss to Bank will at all times be held by it in strictest confidence and it shall not
make use thereof other than for the performance of this agreement and to realize it only to employees
requiring such information, and not to realize or disclose it to any other party. The company agrees to
take appropriate action with respect to its employee to ensure that the obligations of non-use and non-
disclosure of confidential information under this agreement can be fully satisfied. 11 LIABILITY AND INDEMRFPIES :
The company represents and warrants that the repair and maintenance service hereby sold to not
violate or infringe upon any patent, copyright, trade secret, or other property right of any other person
or other entity. The company agrees that it will and hereby indemnify the Bank from any claim, loss
or demand action or proceeding directly or indirectly resulting from or arising out of any breach or
alleged breach of this warranty.
12 ARBITRATION :
All disputes and differences of any kind whatever arising out of or in connection with this agreement
shall be referred to arbitration. The arbitrator may be appointed by both the parties or in case of
disagreement the Bank shall appoint an arbitrator and the decision of the arbitrator shall be final.
Such arbitration is to be governed by the provision of the Indian Arbitration Act.
13 USINESS TERMINATION :
In the event that the company shall cease conducting business in the normal course, or wind up, make
a general assignment for the benefit or creditors, suffer or permits the appointment of the receiver for
its business or assets or shall avail itself of, or become subject to any proceedings under any acts or
stature of any country or state relating to insolvency or the protection of the rights of creditors, then
(at the option of PUNJAB & SIND BANK notwithstanding clause 1.1 of this agreement ) this
agreement shall terminate and be of no further force and effect and any property or rights of any such
other property, tangible or intangible, shall forthwith be returned to the bank.
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14 GENERAL :
14.1 It is agreed upon by the parties that during its validity period this agreement will supersede any
other agreement, which deals in the same matter/subject between the parties in case of any
contradiction in the agreed conditions.
14.2 No amendment to this agreement shall be effective unless it is in writing and signed by
authorized representatives of the parties. 14.3 Each party warrants and guarantees that it has full power and authority to enter into and
perform this agreement, and the person signing this agreement on behalf of each has been
properly authorized and empowered to enter into this agreement. Each party further
acknowledges that it has read this agreement, understands it, and agrees to be bound by it. 14.4 Words importing the singular include the plural and vice versa.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE
EXECUTED ON THE ABOVE MENTIONED DATE. Signed, Sealed and Delivered by the
Said __________________________________________ (For the Bank)
In presence of __________________________________
Signed, Sealed and Delivered by the
Said __________________________________________ (For the Company)
In presence of __________________________________
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Annexure XV
Undertaking of Authenticity for Supply of Hardware and Software
Sub: Supply of Hardware / System Software etc.
Ref: 1. Your Purchase Order/Contract Ref. No…………………….. Dated……………
1. Our Invoice no/Quotation no…………….Dated……………
With reference to the Hardware and Software being supplied/quoted to you vide our Invoice
no/Quotation no/Order no cited above. We hereby undertake that all the components/parts/assembly/software's used in the Hardware/Software
items under the above shall be original new components parts/assembly/software only from respective
OEMs of the products and that no refurbished / duplicate / second hand components / parts / assembly /
software are being used or shall be used.
Should you require, we hereby undertake to produce the certificate from our OEM supplier in support of
above undertaking at the time of delivery/installation. It will be our responsibility to produce such letters
from our OEM supplier's at the time of delivery or within a reasonable time. In case of default and we are unable to comply with the above at the time of delivery or during
installation, for the IT Hardware/Software already billed, we agree to take back the Servers without
demur, if already supplied and return the money if any paid to us by you in this regard. We (Bidder Name) also take full responsibility of both parts and service SLA as per the content.
Signature of Authorized Signatory
Name: Designation
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ANNEXURE N
Format of Non - Disclosure Agreement (NDA)
This Agreement made at ______________________ , on this ____________________ day of 2017.
BETWEEN_____________a company incorporated under the Companies Act, 1956 having its
registered office at (hereinafter referred to as “ ” which expression unless repugnant to the
context or meaning thereof be deemed to include its successors and assigns) of the ONE PART;
AND
_______________, a body corporate constituted under _____________________ and having its
registered Office at _________________ (hereinafter referred to as “ ” which expression unless
repugnant to the context or meaning thereof be deemed to include its successors and assigns) of the
OTHER PART
And “” are hereinafter individually referred to as party and collectively referred to as “the Parties”.
Either of the parties which discloses or receives the confidential information is respectively referred
to herein as Disclosing Party and Receiving Party.
WHEREAS:
The Parties intend to engage in discussions and negotiations concerning the establishment of a
business relationship between them. In the course of such discussions and negotiations, it is
anticipated that both the parties may disclose or deliver to either of the Parties certain or some of its
trade secrets or confidential or proprietary information, for the purpose of enabling the other party
to evaluate the feasibility of such business relationship (hereinafter referred to as “the Purpose”).
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY
AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. Confidential Information: “Confidential Information” means all information disclosed/ furnished
by either of the parties to another Party in connection with the business transacted/to be
transacted between the Parties and/or in the course of discussions and negotiations between them
in connection with the Purpose. Confidential Information shall include customer data, any copy,
abstract, extract, sample, note or module thereof.
Either of the Parties may use the Confidential Information solely for and in connection with the
Purpose. Notwithstanding the foregoing, “Confidential Information” shall not include any
information which the Receiving Party can show: (a) is now or subsequently becomes legally
and publicly available without breach of this Agreement by the Receiving Party, (b) was
rightfully in the possession of the Receiving Party without any obligation of confidentiality prior
to receiving it from the Disclosing Party, (c) was rightfully obtained by the Receiving Party from
a source other than the Disclosing Party without any obligation of confidentiality, or (d) was
developed by or for the Receiving Party independently and without reference to any Confidential
Information and such independent development can be shown by documentary evidence.
Non-disclosure: The Receiving Party shall not commercially use or disclose any Confidential
Information or any materials derived there from to any other person or entity other than persons in
the direct employment of the Receiving Party who have a need to have access to and knowledge of
the Confidential Information solely for the Purpose authorized above. The Receiving Party may
disclose Confidential Information to consultants only if the consultant has executed a Nondisclosure
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Agreement with the Receiving Party that contains terms and conditions that are no less restrictive
than these. The Receiving Party shall take appropriate measures by instruction and written agreement
prior to disclosure to such employees to assure against unauthorized use or disclosure. The Receiving
Party agrees to notify the Disclosing Party immediately if it learns of any use or disclosure of the
Disclosing Party‟s Confidential Information in violation of the terms of this Agreement. Further, any
breach of nondisclosure obligations
2. by such employees or consultants shall be deemed to be a breach of this Agreement by the
Receiving Party and the Receiving Party shall be accordingly liable therefore.
Provided that the Receiving Party may disclose Confidential information to a court or
governmental agency pursuant to an order of such court or governmental agency as so required
by such order, provided that the Receiving Party shall, unless prohibited by law or regulation,
promptly notify the Disclosing Party of such order and afford the Disclosing Party the
opportunity to seek appropriate protective order relating to such disclosure.
3. Publications: Neither Party shall make news releases, public announcements, give interviews, issue
or publish advertisements or publicize in any other manner whatsoever in connection with this
Agreement, the contents / provisions thereof, other information relating to this Agreement, the
Purpose, the Confidential Information or other matter of this Agreement, without the prior written
approval of the other Party.
4. Term: This Agreement shall be effective from the date hereof and shall continue till establishment of
business relationship between the Parties and execution of definitive agreements thereafter. Upon
expiration or termination as contemplated herein the Receiving Party shall immediately cease any
and all disclosures or uses of Confidential Information; and at the request of the Disclosing Party,
the Receiving Party shall promptly return or destroy all written, graphic or other tangible forms of
the Confidential Information and all copies, abstracts, extracts, samples, notes or modules thereof.
Notwithstanding anything to the contrary contained herein the confidential information shall
continue to remain confidential until it reaches the public domain in the normal course.
5. Title and Proprietary Rights: Notwithstanding the disclosure of any Confidential Information by the
Disclosing Party to the Receiving Party, the Disclosing Party shall retain title and all intellectual
property and proprietary rights in the Confidential Information. No license under any trademark,
patent or copyright, or application for same which are now or thereafter may be obtained by such
Party is either granted or implied by the conveying of Confidential Information. The Receiving Party
shall not conceal, alter, obliterate, mutilate, deface or otherwise interfere with any trademark,
trademark notice, copyright notice, confidentiality notice or any notice of any other proprietary right
of the Disclosing Party on any copy of the Confidential Information, and shall reproduce any such
mark or notice on all copies of such Confidential Information. Likewise, the Receiving Party shall
not add or emboss its own or any other any mark, symbol or logo on such Confidential Information.
6. Return of Confidential Information: Upon written demand of the Disclosing Party, the Receiving
Party shall (i) cease using the Confidential Information, (ii) return the Confidential Information and
all copies, abstract, extracts, samples, notes or modules thereof to the Disclosing Party within seven
(7) days after receipt of notice, and (iii) upon request of the Disclosing Party, confirm in writing that
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the Receiving Party has complied with the obligations set forth in this paragraph. This obligation
shall be subject to the exception under clause 4.
7. Remedies: The Receiving Party acknowledges that if the Receiving Party fails to comply with any
of its obligations hereunder, the Disclosing Party may suffer immediate, irreparable harm for which
monetary damages may not be adequate. The Receiving Party agrees that, in addition to all other
remedies provided at law or in equity, the Disclosing Party shall be entitled to injunctive relief
hereunder.
8. Entire Agreement, Amendment, and Assignment: This Agreement constitutes the entire agreement
between the parties relating to the matters discussed herein and supersedes any and all prior oral
discussions and/or written correspondence or agreements between the parties. This Agreement may
be amended or modified only with the mutual written consent of the parties. Neither this Agreement
nor any right granted hereunder shall be assignable or otherwise transferable.
9. Governing Law and Jurisdiction: The provisions of this Agreement shall be governed by the laws of
India. The disputes, if any, arising out of this Agreement shall be submitted to the jurisdiction of the
courts/tribunals in New Delhi.
10. General: The Receiving Party shall not reverse engineer, decompile, disassemble or otherwise
interfere with any software disclosed hereunder. All Confidential Information is provided “as is”. In
no event shall the Disclosing Party be liable for the inaccuracy or incompleteness of the Confidential
Information. None of the Confidential Information disclosed by the parties constitutes any
representation, warranty, assurance, guarantee or inducement by either party to the other with
respect to the fitness of such Confidential Information for any particular purpose or infringement of
trademarks, patents, copyrights or any right of third persons.
11. Indemnity: The receiving party should indemnify and keep indemnified, saved, defended, harmless
against any loss, damage, costs etc . incurred and / or suffered by the disclosing party arising out of
breach of confidentiality obligations under this agreement by the receiving party etc., officers,
employees, agents or consultants.
IN WITNESS WHEREOF, the Parties hereto have executed these presents the day, month and year
first hereinabove written.
For and on behalf of For and on behalf of
Bidder/Vendor Punjab And Sind Bank
Name of Authorized signatory: Name of Authorized signatory:
Designation: Designation
