CENTRAL ELECTRICITY SUPPLY UTILITY OF ODISHA. IDCO Tower, 2nd Floor, Janpath, Bhubaneswar Odisha. Phone: , Fax:

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1 CENTRAL ELECTRICITY SUPPLY UTILITY OF ODISHA IDCO Tower, 2nd Floor, Janpath, Bhubaneswar Odisha Phone: , Fax: comm@cescoorissa.com Web site : Request For Proposal (RFP) Document Selection of e-payment Solution Provider (s) for online Payment Solutions to both Urban & Rural Consumers of CESU through various modes using various platforms. 27 th December 2017 Issued By Chief General Manager (Commerce) CESU, Bhubaneswar Page 1

2 CENTRAL ELECTRICITY SUPPLY UTILITY OF ODISHA Regd.Office: 2 nd Floor, IDCO Towers, Janpath, Bhubaneswar Notice Inviting Tender (NIT) NIT No. CESU/AT&C/ Dated Central Electricity Supply Utility of Odisha (CESU), the Power Distribution Utility of Central Odisha, invites bids from interested e-solution Providers for providing various modes of digital payment to the consumers (both Urban & Rural) of CESU. Description: Selection of e-payment Solution Provider (s) for online Payment Solutions to both Urban & Rural Consumers of CESU through various modes using different platforms viz. Credit / Debit Cards ( Master /Visa/Maestro/Rupay etc),net Banking, E-Wallets, Aaadhar Based Payment, Physical outlets, etc. Earnest Money Deposit: Rs. 50,000/- Last Date & Time for submission of bids: Up to 01:00 PM of Date & time of opening of Technical bid: At 03:00 PM of Non-refundable cost of bid document: Rs. 5, % GST. ( in Demand Draft) Sale & Downloading of RFP documents start from: Dt Pre-bid meeting will be held on: Dt at 11:00 AM at CESU Hqrs. Bhubaneswar. For details, please visit our website on or after Dt The prospective Service Providers are requested to follow the above CESU website from time to time for any clarification/ Corrigendum/ Addendum against the referred RFP. The authority reserves the right to accept or reject any or whole of the offers without assigning any reason thereof. Sd/- Chief General Manager (Commerce) No (4) Date Copy to 1. C.F.O / Sr. G.M (HR) for information and necessary action. 2. PRO of this office for publishing the notice in One leading English with all India circulation, and One leading Oriya Daily with all Odisha circulation at an earliest. 3. Sr. G.M I.T for up loading the Notice in Our Web site Sd/- Chief General Manager (Commerce) Page 2

3 DISCLAIMER This RFP document is not an agreement and the purpose of this RFP document is to provide information to the potential intending agencies and to assist them in responding to this RFP document. Though this RFP document is prepared with sufficient care to provide all required information to the potential participants, they may need more information than that has been provided,. In such cases, the potential participants are solely responsible to seek the information required for, at their own price, reserve the right to provide such additional information at its sole direction. In order to respond to the RFP document, if required and with the prior permission, the potential participants may conduct their own study and analysis, as may be necessary. CESU s no representation or warranty shall incur no liability under any law, statute, rules or regulations on any claim the potential participants may make in case, of failure to understand the requirement and respond to the RFP document. CESU may, in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP document. CESU is not bound to accept any or all the RFPs and reserves the right to reject any or all RFPs without assigning any reasons. No applicant shall have any cause of action or claim against CESU or its officers, employees, advisors, agents, successors or assignees for rejection of RFP. Page 3

4 Chapters in the RFP Document Sl No. Chapter Subject Page No. 1 Chapter-1 Preface Chapter-2 Calendar of Event 7 3 Chapter-3 Important Instruction 8 4 Chapter-4 Scope of Works Chapter-5 Eligibility Criteria 12 6 Chapter-6 Evaluation Criteria Chapter-7 Contract Conditions Chapter-8 Mandate Formats (Annexure-I to VI) Page 4

5 Chapter-I: Preface Introduction to CESU: Central Electricity Supply Utility of Odisha (in short CESU ) is one of the power distribution utility in the State of Odisha. The utility supplies electricity to all categories of consumers (Approx Lakh). The supply of electricity to each and every consumer in the 9 Districts of the State is one of the most challenging operations as it involves demand supply management, distributes quality power supply to all the consumers and is equally responsible for commercial activities like serving a proper bill for electricity consumption and collecting the revenue under CESU jurisdiction. CESU distribution setup has large distribution network infrastructure and all business operations are accomplished through 20 numbers of distribution divisions who has the complete operational responsibility for their area. CESU is planning to primarily facilitate Spot Billed LT single phase consumers with different electronic methods for bill payment. Out of 20 divisions having around Lakh consumers, Bhubaneswar, Cuttack & Paradeep towns include 6 numbers of divisions with approximately 4.94 Lakh LT SBM billed consumers and others are mainly rural consumers. Currently, collection is being carried-out via online collection counters and manual collection counters with in house initiatives. Further, around 3.38 Lakh of consumers pay around Rs. 132 Crore per annum via existing payment gateway. Presently, CESU is billing around 1,600 Crore per annum to its LT Consumers. CESU requires following mode of digital payments: a) Physical Space like Banks, Kirana store, Post Office, kiosk etc b) Mobile Wallet Payment c) Online Payment d) POS e) Any other About this RFP: The purpose of this RFP is to select Service Provider/Providers for providing various mode of digital payment facilities to the consumer of CESU in rural as well as urban areas and to be integrated with it website. Service Providers are advised to study this document carefully. RFP should be submitted after careful study and examination of this document with full understanding of its implications. This RFP document is not transferable. This document must be read in its entirety. Please verify that you have a complete copy. Page 5

6 Integration with CESU s website Service Provider shall provide technical support to CESU with respect to the integration with the payment service (hardware and software) and other issues related to the e-payment services at no additional cost. Integration cost (if any) for integrating the services with the website of CESU shall have to be borne by the company/firm. However CESU will facilitate in this regard. Service Provider response time to technical support issues, shall depend on the complexity of the inquiry and support requests volume. Service provider technical support unit shall assign the highest priority to inquiries related to the service unavailability. Page 6

7 Chapter-II: Calendar of Events Sl. Particulars Date/Time 1 Date of publication Last date of submission of RFP in physical form by 1:00 PM 3 Date of opening of Technical bid/document/application by 3:30 PM 4 Date of Pre-bid interactive meeting at AM Page 7

8 Chapter-III: Important Instructions The RFP documents received from all participants shall be opened in the office of the undersigned as per schedule given at chapter-ii in the presence of the representatives of the prospective Service Providers, who may wish to witness the bid opening. If the date mentioned above for opening of RFP is declared as a Government holiday, the RFP will be opened on the next working day at the same time as mentioned in the schedule. The undersigned reserves the right to accept or reject any or all RFPs in part or whole without assigning any reason, whatsoever. Before the last date for the receipt of RFP, the undersigned may amend any of the RFP terms and conditions as may be desired if such an amendment is necessary and the same shall be up-loaded as an addendum/corrigendum and will be made available only on the websites / Hence, the prospective Firms are advised to keep visiting the above website for any updates in this regard. The undersigned reserves the right to request additional submissions or clarification from one or more applicant (s) at any stage or to cancel the process entirely at its sole discretion without assigning any reason/notice whatsoever. The sealed proposal containing Request for Proposal (RFP) should be submitted in two parts i.e. Technical Bid (Annexure-I) and Financial Bid (Annexure-II-A& II-B). The Technical bid envelope must be sealed and super-scribed with CESU - Offer for Providing various mode of Digital Payment- Technical Bid and the financial bid envelope must be sealed and super-scribed with CESU- Offer for Providing various mode of Digital Payment -Financial Bid. The Name & Address of the Applicant Firm must also be mentioned on the body of both envelopes. Both these envelopes may be put in a separate cover after affixing proper seal and should be super-scribed as CESU - Offer for Providing Electronic Methods of Bill Payment and should reach the undersigned at the following address, on or before the due date and time as mentioned above. The Chief General Manager (Commerce) CESU 2 nd Floor, IDCO Towers, Janpath, Bhubaneswar Odisha Page 8

9 Chapter-IV: Scope of Work Selection of service provider for e-payment solution provider (aggregator) for online payment solution using Web Portal/ Mobile App of CESU or Web Portal/ Mobile App/ USSD platform of the respective service providers through the following modes: 1) Credit/ Debit Cards (Master/ Visa/ Maestro/ Rupay/any others) 2) Net Banking 3) Digital Store valued Wallets 4) Physical Space like Bank (including digital Bank), post Office, Kiosk, Kirana stores via wallet mechanism etc. The scope of work envisages execution of the followings: E-Payment Modes Vendor will take the full responsibility for e-payment solution for intending consumers of CESU (henceforth it will be referred as Common Customers or Consumers) for online payment against electricity bills by means of following modes; i. Payment initiated by consumers from CESU s portal through Debit or Credit Card or Net Banking / Mobile App or from the Mobile USSD platform/ Web-Portal of Bank/ Financial Institution tied up with Vendor & authorized by CESU. ii. iii. Digital/ Stored Valued Wallet, through which payment will be initiated by consumers from CESU s portal/ Mobile App or from the Mobile USSD platform/ Web-Portal of Bank/ Financial Institution tied up with Vendor & authorized by CESU. Kirana Store, Kiosk, physical Space, POS etc, through which payment will be initiated by CESU consumer tied up with Vendor & authorized by CESU. Service provider will also ensure the reliability and availability of service. Service provider will has to give a good uptime and maintain a fair response time for the job. Initiation of e-payment Request & Integration A. Initiated from Portal of CESU i. There will be a link at the web portal ( / ) of CESU with the website of the e-payment solution provider Service provider. The inputs to be selected or entered from the WEB Page shall be finalized during selection process. After the entry, whenever customers click on the e-payment button, the page shall be automatically be redirected to the website of the said service provider. Page 9

10 ii. iii. iv. The common customers will be able to pay against their electric bills using their Net Banking/Debit/ Credit Cards/ Digital Wallet/ Stored Valued Wallet maintained by Banks/ Financial Institutions tied up Service Provider & authorized by CESU. Service Provider will take the responsibility of the secured e-payment Payment needs to be processed using minimum 128 bit SSL encryption. (Should be compatible with minimum TLS version 1.2) Service provider will take the responsibility for end to end integration regarding payment process and sending back the transaction status to CESU server for updating the same along with maintaining the CESU required MIS at their end. Necessary software development work for handshaking with the Server/ Portal of CESU needs to be carried out by service provider. However CESU will provide necessary support for the integration process. v. Service provider will give necessary documentation for overall integration process. vi. The service provider s system needs to be capture and store an unique ID for a payment initiated by the common consumers from the CESU s portal. That ID will be required to identify the unique bill payment for a customer and will facilitate the payment reconciliation to be carried out by Service provider. B. Initiated from Mobile USSD platform/ Mobile Apps/ Web-portal of Financial Institutions; i. There will be a link with the Mobile USSD platform/ Mobile Apps/ Web-portal maintained by Banks/ Financial Institutions (tied up Service Provider & authorized by CESU) with the system of the e-payment solution provided by Service provider. At first common customers will select CESU as the biller & enter the consumer identifier (i.e. Consumer Id) into payment page of Mobile USSD platform/ Mobile Apps/ Web-portal maintained Banks/ Financial Institution to view their Electricity billing information which shall be fetched from CESU server. Whenever any common customer clicks the e-payment facility button, it will automatically be linked with the system of the said Service provided by Service provider. Financial Institutions will take the responsibility of the e-payment. Necessary software development work for handshaking with the Mobile USSD platform/ Mobile Apps/ Web-portal maintained by Banks/ Financial Institutions need to be carried out by Service provider. ii. iii. Consumer s name and billing information need to be displayed to the common customers as the result of the bill fetching process. The Common Customers will be able to pay against their electric bills through using their valid Digital Wallet/ Stored Valued Wallet/ Instapay maintained by Banks/ Financial Institutions at tied up Service Provider & authorized by CESU. Payment should be processed using minimum 128 bit SSL encryption. (Should be compatible with minimum TLS version 1.2) Page 10

11 iv. Service provider will take the responsibility for end to end integration regarding payment process with Banks/ Financial Institutions and sending back the transaction status to CESU server for updating the same along with maintaining the CESU required MIS at their end.. However CESU will provide necessary support for the backend integration process. v. Service provider will give necessary documentation for overall integration process. The Service provider s system needs to capture and store an unique ID for a payment initiated by the Common Customers using Mobile USSD platform/ Mobile App/ Web-portal maintained CESU/ Banks/ Financial Institutions. That ID will be required to identify the unique bill payment for a customer and the payment reconciliation to be carried out by Service provider. Service provider will provide a transaction ID for each successful payment. C: Collection through Kirana Store, Kiosk, physical Space, POS etc i) The successful Service Provider shall open sufficient number of kirana store, Kiosk, Physical Space, POS in its area of operation. ii) There will be a link at web portal of successful Service Provider with web portal of CESU. At first, the consumer will enter into the kirana store/physical space/ etc with proper identification (Electricity Bill) to pay electricity bill through cash or Debit Card/Credit Card or mobile Wallet. Real time or daily basis MIS has to be provided to CESU Server and shall be available by the vendor at their website for view by CESU officials. Page 11

12 Chapter-V: Eligibility Criteria The Service Provider must possess the requisite experience, strength and capabilities in providing the services necessary to meet the requirements, as described in the RFP document. The bids must be complete in all respect and should cover the entire scope of work as stipulated in the bid document. The invitation to bid is open to all Service Providers who qualify the eligibility criteria as given below: Sl No. Clause The Service Provider should be authorized 1 by Reserve Bank of India (RBI) / NPCI to provide Electronic Payment Services. The Service Provider should be a registered 2 company in India for at least 3 (three) years. Annual Turn Over of the Service Provider should not be less than Rs.5.00 Cr. per year in last three FY (i.e , and ). Turnover shall have the meaning 3 as the gross receipt through regular operation only, the receipts through other incomes and excise duty/service tax paid to government will not be considered while arriving at the total turnover. Service Provider should have provided online payments services to at least 5 large 4 entities of which 02 should be public sector utilities /govt. entities / any Discom in last 3 F.Y. The payment service must offer at least bit encryption SSL (Secure Sockets Layer) for transaction security Service Provider shall not be under a Declaration of Ineligibility for corrupt or 6 fraudulent practices or blacklisted with any of the State, Central Government/Public Enterprises. Service Provider should have processed at 7 least one Lakh online transactions in the last financial year (F.Y ) Service Provider will submit the documents 8 relating to tie-up with other vendors / subvendors The Head Office / Branch Office of the Firm must be located in Bhubaneswar, Odisha. 9 Required Documents Copies of RBI / NPCI letters or authorizations should be submitted Certificate of Incorporation should be submitted. Copy of Audited Balance Sheets of last three FY. The Service Provider is required to submit a statement from chartered accountant (CA) on his letter head that the annual turnover of the Service Provider is not less than 5 cr. per year in the last three F.Y. The turnover has been calculated as per meaning of turnover mentioned in this RFP specification List/names of utilities should be submitted with other details & copies of Work Order / Agreement to be provided. Latest Performance certificates confirming the same should be submitted. Requisite certificate should be submitted. Declaration from Authorized Signatory of the Service Provider. Performance certificate confirming the same should be submitted. Certificate /related Agreement(s) / supporting documents are to be provided. The Firm must provide documentary proof in support of the service they are providing. In this regard GST registration certificate may be provided as proof of address. Note: The Service Providers should submit all documents duly self attested confirming the qualification as per the Eligibility Criteria mentioned in this section as part of Technical Bid. The bid is liable to be rejected without the relevant document. Page 12

13 Chapter-VI: Evaluation Criteria 6.1 General Condition The Service Provider has to provide option for the consumers to pay bills through Net banking operation covering maximum numbers of Nationalised/PSU Banks. For mode of payment using Debit Card/Credit Card, the Service Provider should tie up with maximum popular Debit-Credit Card service provider. For mode of payment using Digital Wallet, the Service Provider should tie up with maximum popular digital Wallet service provider. The Service Provider should not have been black listed from any Govt. organisation across India in last Financial Year & undertaking in this regards shall be provided by the authorized signatory of the Service Provider. During the contract period if the undertaking provided by the service provider is found to be false, order issued on the service provider shall be terminated with forfeiture of the Bank Guarantee. The Service Provider should be an aggregator and will have a capacity of in-house software development team or for the required business solution or can be capable enough to acquire the same from any well established solution provider. The Service Providers to provide minimum transaction charge to CESU and the consumers for e-payment. Any monetary incentive to CESU by the Service Providers for e-payment transactions shall be given weightage during the evaluation, which has to be clearly specified while submitting the RFP. Maximum allowable time limit for cash transaction & fund transfer between such service provider and CESU shall be T+1 (i.e. Transaction day+1 day). However, advance payment in lump sum to CESU is preferable, which has to be clearly specified while submitting the RFP. The Service Provider providing multiple options will be given weightage during the evaluation. CESU may select one or more Service Provider depending on its requirements. The Service Provider with BBPS will be given preference. All BBPS bidders will have to be compatible with technical, operational and all standards as specified from time-totime under the BBPS scheme. (Bharat Bill Payment System) Page 13

14 6.2 Process of Evaluation and Required Qualification: The Technical and Financial Evaluation will be carried out for qualified Service Providers only basing on the following modalities: Technical Parameter - 50 Marks (Ref-Annexure-I) The marks will be assigned on the following items while evaluating the technical parameters of qualified Service Providers: Providing facilities of maximum no. of Nationalized / PSU Banks Maximum No. of DR / CR card Service Provider Tied up with maximum No. of Digital Wallet service provider Should have in-house software development Team Should have multiple Payment options Shall open sufficient number of Kirana Store, Kiosk, Physical Space Shall Provide maximum numbers of POS Machines Shall be compatible with BBPS platform Financial Parameter 50 Marks [Refer: Annexure-IIA & IIB] 7 The marks will be assigned on the following items while evaluating the Financial parameters of qualified Service Providers: Web online Payment Debit Card Credit Card Net Banking Other Cash Card Wallet Payment POS Outlet Payment like Common Service Center like Banks, Kirana Store, Post Office, Kiosk,/any other option to be specified Bank ATMs / Branches Page 14

15 6.2.3 Selection of Bid: The minimum score taking both Technical and Finance parameter shall be 30 Marks for Qualifying. The final evaluation of the Service Providers will be done on the basis of composite score basis with 50:50 weightage to the technical and financial score. The qualified bidder(s) with highest mark will be selected as successful bidder(s). After opening of all bids, CESU will decide to select one or multiple Service provider as per its requirement. The price quoted by the bidders should be valid for a minimum 90 days from last day of submission of bid. Both the Technical and Financial Proposal will be evaluated by CESU and the marks assigned to different bids will be used for selection of the Service Provider(s). CESU may decide to evaluate the Service Providers on different mode basis viz. Physical Space like Kirana Stores, Net Banking like all leading banks etc The evaluation of CESU is final and binding to all and it cannot be challenged in any forum / Court of Law. Page 15

16 Chapter-VII: Contract Conditions 1 TERMS AND CONDITIONS a. The work assignment shall be awarded to the firm(s) who has/have quoted minimum transaction fee with maximum incentive to CESU and with minimum transaction charge or zero charges to the consumer with maximum value added services (maximum benefits to both CESU & its Consumers) and the firm who will provide multiple option of payment in rural as well as urban. b. The tenure of contract shall be at the sole discretion of the CESU. The tenure may be renewed every year up to a maximum of 3 (three) years which is at the sole discretion of the CESU. However, it is expressly stated here that the said tenure is not to be construed as assured and the CESU reserves the right not to reappoint at its sole discretion without assigning any reason thereof. If CESU desires the initial terms of contract may be six months. c. Overwriting / corrections / erase and / or use of white ink should be avoided in the proposal. However, if any overwriting /correction/erase is inevitable, the same should be authenticated with the signature & seal of authorized person of applicant firm. d. All taxes and duties shall be excluded in the prices quoted and mentioned separately. As regards the income tax, surcharge on income tax and other corporate taxes, the Service Provider shall be responsible for such payment to the concerned authorities. e. The Firm shall also attach documents pertaining to Income Tax PAN No., as per Service Tax No, GST Registration Certificate with complete address of the firm and telephone /fax number along with the Technical Bid. The Firm shall furnish a declaration in the Technical Bid as per the Annexure-I. f. The Service Provider shall furnish the true copy of the audited profit & loss account, balance sheet for the FY , and g. The Service Provider will not be allowed to withdraw his/ her offer once the RFP is submitted. If withdraws, action will be taken to compensate the loss sustained by CESU and he/she will be debarred to participate in future bids of CESU and the performance Bank Guarantee submitted will be forfeited. h. All the pages of the proposal document shall have to be signed by the applicant firm (s) with the firm s seal and documents submitted along-with the offer shall also have to be authenticated by the authorized signatory of the applicant firm(s) Page 16

17 with the firm s seal. 2. The RFP Proposal should be submitted strictly as per the terms & conditions laid down in the document. Proposal should not contain any conditions other than the prescribed ones. The proposal, which deviates from these terms and conditions, shall be liable for rejection. The Offer in the prescribed Format at Annexure-I & Annexure-II must be submitted in physical form to the address mentioned above. Offers submitted in any other form shall not be considered. a. CESU at its discretion may negotiate with one or more Service Provider/applicant who qualifies in technical bidding process. b. CESU will have the absolute discretion for selection of one or more Service Providers/applicants for providing the services. c. L-1 would not be the only criteria for selection. Competitive rate with value added services and multiple option of payment will be taken into consideration for selection. d. In the event of failure by the successful Firm (L-1), CESU is at liberty and also reserve the right to consider the next lowest Service Provider (L-2) to ensure uninterrupted conduct of the proposed business. e. CESU reserves all rights to accept or reject any deviation whatsoever to the above norms, if the same does not affect in quality and cost of the project to be executed. f. The successful Service Provider shall provide their consent for acceptance within 7 days of communication from CESU. g. CESU has the absolute right to cancel the RFP in part or full. h. The Selected Service Provider shall furnish Security Deposit as decided by CESU on transaction value within 30 days from the acceptance of Bid. i. All the bid documents shall be authenticated by the authorised person with due power of attorney. j. For providing services mentioned in this RFP, CESU shall not provide any infrastructural support to the selected applicant/firm. k. Change of Nomenclature or Corporate structure of the successful Service Provider is to be communicated with proper documents to the ordering authority/controlling officer well in advance for continuance of the contract. l. This system should be compatible with Bharat Bill Payment system (BBPS). All BBPS bidders will have to be compatible with technical, operational and all standards as specified from time-to-time under the BBPS scheme. m. The various mode of digital payment should be abided by the following Page 17

18 enactments, regulations and Web Page declines: i) Bill Collection Web Page decline is to be fixed by CESU management. ii) Any other Act/Laws/Regulations as may be applicable. n. For e-payment services, initial operation will cover a consumer base of around 5 Lakh consumers covering Bhubaneswar, Cuttack and Paradeep towns. Further, this facility will be extended to other areas of CESU covering remaining 17 Lakh consumers. 3. DISPUTE RESOLUTION AND JURISDICTION Any Disputes arising out of this contract shall be referred to the CEO, CESU who shall decide the case as sole Arbitrator and his decision shall be final. All disputes shall be subjected to exclusive jurisdiction of the Hon ble High Court of Orissa at Cuttack. 4. MULTIPLE ELECTRONIC PAYMENT METHODS The following facilities should be available for the consumer paying through On-Line web portal i.e. Net-Banking, Debit Card, Credit Card and other cash cards and virtual cards etc. The consumer will visit to CESU s websites and give the required information like division name, consumer number, mobile number, rebate date, amount(s). The CESU API will hand over the mentioned information to the Firm s server for further processing. There will be option/link in Firm s/service Provider s/service provider s website to pay the electricity bill directly/ through mobile payment / payment through Bank ATMs/NEFT or RTGS mode. Besides this there should be the option of providing Physical Space (Like Bank, Kirana store, post office etc), Mobile Wallet Payment, and POS. 5 DATA TRANSMISSION CESU will give the consumer demographic information like Division Code, Division Name, Consumer No., Consumer Old no., Consumer Name, Address in pipe delimitated text file on monthly basis through SFTP or web service. Similarly, the firm should submit the bill payment details in CESU specified format (will be communicated to successful firm later) through an authenticated data download option on the Firm s website as well as providing the same to CESU central server through SFTP or web service in real-time or near real-time. Page 18

19 6. FORCE MAJEURE 6.1) Definition: - a) For the purposes of this agreement, Force Majeure means an event which is beyond the reasonable control of a party, and which makes a party s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, war, riot. Civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action are within the power of the party invoking force majeure to prevent, confiscation or any other action by Government agencies. b) Force Majeure shall not include i. Any event which is caused by the negligence or intentional action of a party or such party s Sub-Service provider or agent or employees, or ii. Any event which a diligent party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Agreement and (B) avoid or overcome in the carrying out of its obligations hereunder. c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. 6.2) No Breach of Agreement The failure of a party to fulfil any of its obligations hereunder shall not be considered to be a breach of or default under, this agreement in so far as such inability arises from an event of Force Majeure, provided that the party affected by such an event has taken all reasonable precautions, due and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this agreement. a) A party affected by an event of Force Majeure shall take all reasonable measures to remove such party s inability to fulfil its obligations hereunder with a minimum of delay. b) A Party affected by an event of Force Majeure shall notify the other party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible. c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure. Page 19

20 6.3) Consultation Not later than thirty (30) days after the Service providers, as the result of an event of Force Majeure, have become unable to perform the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. 6.4) Extension of Time Any period within which a Party shall, pursuant to this Agreement, complete any action or task, shall be extended for a period equal to the time during which such party was unable to perform such action as a result of Force Majeure. 6.5) Suspension CESU by written notice of suspension to the Service providers, may suspend all payments to the Service providers hereunder, if the Service providers fail to perform any of their obligations under this Agreement, including the carrying out of the Services provided that such notice of suspension (i) shall specify the nature of the failure and (ii) shall request the Service providers to remedy such failure within a period not exceeding fifteen (15) days after receipt by the Service providers of such notice of suspension. CESU for any reasons beyond his reasonable control may ask the Service provider to suspend whole or part of the work/services for such time till the reasons are removed or settled. The extra time period of such duration shall be granted as time extension on the original terms and conditions. 6.6) Termination a) By the CESU CESU, may by not less than fifteen (15) days written notice of termination to the Service provider, such notice to be given after the occurrence of any of the events as specified in paragraphs (i) to (v) of this Clause to terminate this Agreement: i) If the Service providers fail to remedy the failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause 6 (Suspension) of this agreement herein above, within fifteen (15) days of receipt of such notice of suspension or within such further period as the CESU may have subsequently approved in writing; ii). If the Service providers (or if the Service providers consists of more than one entity, if any of their members) become insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary; Page 20

21 iii) If the Service providers submit to the CESU a statement which has a material effect on the rights, obligations or interests of the CESU and which the Service providers know to be false; iv) If the CESU, in its sole discretion and for any reason whatsoever, decides to terminate this Agreement. v) If the Service provider, in the judgment of the CESU, was engaged in corrupt or fraudulent practices in competing for or in executing the agreement. For the purpose of this clause: Corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or executants agreement. Fraudulent Practice means a misrepresentation of facts in order to influence a selection process or the execution of a agreement to the detriment of the Borrower, and includes collusive practice among Service providers (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open competition. b) By the Service providers The Service providers may, by not less than thirty (30) days written notice to the CESU such notice to be given after the occurrence of any of the events specified in paragraphs (i) to (iii) of this Clause, terminate this agreement: i) If the CESU fails to pay any money due to Service providers pursuant to this agreement and not subject to dispute pursuant to Clause 8(G) of this chapter hereof within forty five (45) days after receiving written notice from the Service providers that such payment is overdue; ii) If the CESU is in material breach of its obligations pursuant to this agreement and has not remedied the same within forty five (45) days (or such longer period as the Service providers may have subsequently approved in writing) following the receipt by the CESU of the Service provider s notice specifying such breach; iii)if as the result of Force Majeure, the Service providers are unable to perform a material portion of the services for a period of not less than sixty (60) days; c) Cessation of Rights and Obligations Upon termination of this Agreement pursuant to Clauses 6.2 hereof, or upon expiration of this Agreement pursuant to 6.4 of this agreement hereof, all rights and obligations of the Parties here under shall cease, except: - i) Such rights and obligations as may have accrued on the date of termination or expiration, Page 21

22 ii) The obligation of confidentiality set forth in Clause 8-C of this agreement hereof, iii)the Service provider's obligation to permit inspection, copying and auditing of their Accounts and record set forth in Clause 8-E of this agreement hereof, iv) The Service provider s obligations regarding default in performance of the services in accordance of the provisions of the agreement and for any loss suffered by the CESU, whereof, as a result of such default, and v) Any right, which a party may have under the Applicable Law. d) Payment upon Termination Upon termination of this agreement pursuant to Clauses 6 (Termination) of this agreement hereof, the CESU shall make the payment pursuant to clause 6 of this agreement hereof for services satisfactorily performed prior to the effective date of termination, subject to other conditions of this agreement, to the Service providers (after offsetting against these payments any amount that may be due from the Service providers to the CESU) 7. ACCOUNING RECONCILLATION PROCESS: All collection money deposited by the consumer to the firm s/service provider s through electronic method shall be segregated division wise and credited to Division Escrow Bank account within the acceptable time period. Data Reconciliation process need to be done in real time via Server to Server (S2S) through SOAP based web service call using XML formatted data through Auto-Reconciliation Process Accounting details of collected money should be submitted to respective Divisions. It may happen that due to any kind of technical error, Service Provider is unable to get success status from CESU after repeated attempts. To avoid this kind of infinite loop, it has been decided that Service Provider will ping/ call the CESU system (through Web- Service) maximum allowable time. Transaction status recorded at CESU s system will be final within maximum allowable time and any change at recorded status will not allow after the said time limit. After maximum allowable time period, transactions for which payment has been debited/ charged from Consumer s Bank Account/ Card/ Digital Wallet/ Stored Valued Wallet but without having any success confirmation from CESU, will be automatically refunded to consumers by Service Provider. No refund will be made by CESU after getting successful transaction id from the Bank/ Financial Institution tied up with Service Provider and authorized by CESU. For failure transaction, the refund of amount, if deducted from the account of consumer, will be immediately taken care of Service Provider. CESU will not be liable for any delay in refund Page 22

23 if happens. CESU will generate receipts against those payments where valid transaction id is generated & pushed back to CESU system with success status within maximum allowable time. Service provider should provide a consolidated report each day for the payment has been made throughout the day in specific format prescribed by CESU. CESU will be able to log on to service provider system to view the relevant payments made online. 8. ADDRESS FOR CLARIFICATION / CORRESPONDENCE All correspondence regarding clarification of any of this document may be made with the undersigned by post or by to the following address / id. The Chief General Manager (Commerce) CESU 2 nd Floor, IDCO Towers, Janpath, Bhubaneswar Odisha Phone: comm@cescoorissa.com Page 23

24 9. OBLIGATIONS OF THE SERVICE PROVIDERS A) Standard of Performance The selected Service Provider/providers is/are obliged to work closely with CESU s representatives, act within its own authority and abide by directives issued by CESU in implementation activities. The Service Provider shall abide by the job safety measures prevalent in India and shall free CESU from all the demand of responsibilities arising from and out of accidents or loss of life in the cause of which is the Service Provider s negligence. The Service Provider shall pay all indemnities arising from such incidents and shall not hold CESU responsible or obliged. The Service provider shall take up all regulatory and other issues concerned with any Government of India bodies. The Service provider shall take the respective license required from concerned authorities for handling customers in Nine District of Odisha by CESU. The Service provider shall provide monthly reports as MIS as per requirements of CESU as per scope of work. The job shall be carried out generally as per the acts, rules, regulations and other details as applicable in the state of Odisha. B) Law Governing Services The Service Agreement shall be governed by the Indian Law with Court Jurisdiction exclusively under the Bhubaneswar Court and High Court of Orissa. The service provider shall comply with all other statutory provisions, rules and regulations. The service provider shall indemnify CESU, on account of any default or non-compliance of any statutory provision, rules & regulations by it. The Service Provider shall bear the entire responsibility, liability and risk relating to coverage of work force under different statutory regulations including but not limited to Workman Compensation Act, ESI Act, Factory Act, Contract Labour Act 1970 etc., RBI compliance, NCPI compliance and any other relevant regulations, as the case may be. The Service Provider shall indemnify CESU against any liability or damages by way of compensation arising from any accident to person or property of persons employed by you. The Service Provider shall indemnify CESU against any liability or damages by way of compensation arising from any accident to any other person related to or unrelated to you or CESU. Page 24

25 C) Confidentiality Confidential information shall mean and include all data, documents, papers, data base, card/bank account information, correspondence and any other information relating to CESU its business, operation etc. The Service provider shall maintain the confidentiality of all other orders/ information and shall neither disclose to anyone nor use the same for any purpose, what so ever without prior written approval of CESU. If any such activities are observed, it will be binding on the Service provider to remove the person from his organization. CESU shall have the right to file a case against the Service provider/executive in such cases. D) Limitations of the Service provider s Liability Towards CESU: a) Except in case of gross negligence or wilful misconduct on the part of the Service providers or on the part of any person or firm acting on behalf of the Service providers in carrying out of the services, the Service providers, with respect to the damage caused by the Service providers to the CESU s property, shall not be liable to CESU 1. For any indirect or consequential loss or damage, and 2. For any direct loss or damage that exceeds: i) the total payments for services made or expected to be made to the Service provider hereunder, or ii) the proceeds Service provider may be entitled to receive from any insurance maintained by the Service provider to cover such liability, whichever of (i) or (ii) is higher. b) The limitation of liability shall not affect the Service provider s liability, if any, for damage to third parties caused by the Service providers or any person or firm acting on behalf of the Service provider in carrying out the services. The Service provider s liability under this agreement shall be as provided by the applicable law. E) Accounting, Inspection and Auditing The Service providers (i) Shall keep accurate and systematic accounts and transactional records in respect of the Services, hereunder, in accordance with accepted accounting principles and in such form and detail as will clearly identify all relevant time charges and cost, and the bases thereof and Page 25

26 (ii) Shall permit the CESU or its designated representative periodically, and up-to one year from the expiration or termination of this agreement, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the CESU. F) Reporting Obligations The Service providers shall submit to the CESU the MIS reports and documents as finalized with successful Service Provider at the time of integration on monthly basis and also furnish specific data/information called for by the CESU as and when required. G) Settlement of Disputes: i) Amicable Settlement- The parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this agreement or the interpretation thereof. ii) Dispute Settlement-Any dispute between the parties as to matters arising pursuant to this agreement which cannot be settled amicably within thirty (30) days after receipt by One party of the other party s request for such amicable settlement may be submitted by Either party for settlement in accordance with the provisions specified in the Special Conditions of Contract. H) Agreement: The successful bidder(s) will execute an agreement in the prescribed format of CESU to Carryout the operations I) Security Deposit: The successful bidder(s) will deposit an amount equivalent to average 7-days collection as fixed by CESU as Security Deposit in the form of DD. This value will change from quarter to quarter, based on the amount of transaction. J) Penalty for Deficiencies in Service If the Service Provider fails to : i) Remit the collected amount after the maximum allowable time ii) Remit the amount less than the collected amount iii) Remit the collected amount after the scheduled date including misappropriation or theft of revenue etc,.the exact amount, not deposited/ remitted, along with 5% of such amount, will be adjusted from the Security Deposit. For such repetitive act, CESU reserves the right to terminate the contract as per terms of agreement. Page 26

27 REQUEST FOR PROPOSAL FOR APPOINTMENT OF FIRM/FIRMS TO PROVIDE ELECTRONIC METHODS OF ELECTRICITY BILL PAYMENT RFP No... Date:... (1) Name of the Firm:- (2) Correspondence Address with Contact Telephone No Page 27

28 (On the letter head of Firm) Annexure-I PROFORMA FOR TECHNICAL BID To, The Chief General Manager (Commerce) CESU, Bhubaneswar Technical Details: Sl. No Particulars Response * 1 Name of the Firm 2 Local office Address of the Service Provider including phone No./Fax/ ID (copy of Address proof to be enclosed) 3 Firm Registration No. with incorporation certificate 4 Eligibility License for such business (copy of proof to be enclosed) 5 Previous experience in similar service at Government /PSU/Public Organisation (copy of proof to be enclosed for at least 5 engagements) 6 Income Tax PAN No. / GST Registration No. ( copy to be enclosed) 7 Signed declaration/acceptance of RFP terms & conditions in attached format 8 Submission of Financial Bid as per format 9 Any other additional document sought for. Note: The Service Provider should submit all the documents mention in Chapter-V, i.e. Eligibility Criteria. * In case space is not sufficient, separate sheet may be enclosed with signature and seal of the applicant firm. Signature of Authorized Person of the firm/ Proprietor etc. with seal & Stamp. Place: Name: Dated: Designation: Page 28

29 (On the letter head of Firm) Annexure-II (A) PROFORMA FOR FINANCIAL BID To, The Chief General Manager (Commerce) CESU, Bhubaneswar Financial Details: Sl. No Mode Of Payment Maximum Timeline to credit the collected amount to CESU Accounts (Hours)* Incentive Details to be provided to CESU * Methodology for fixation of transition charges* 1 Web On-line payment i. Debit card Percentage on payable amount +GST ii. Credit card iii. Net-banking iv. Other Cash Card Percentage on payable amount +GST Fixed Amount per transaction +GST Percentage on payable amount +GST 2 Wallet Payment Fixed Amount per transaction +GST 3 POS Percentage on payable amount +GST 4 Outlet Payment like Common Service Center Banks, Kirana store, Post Office, kiosk / any other option to be specified Fixed Amount per transaction +GST 5 Bank ATMs Percentage on payable amount +GST * In case space is not sufficient, separate sheet may be enclosed with signature and seal of the applicant firm. Signature of Authorized Person of the firm/ Proprietor etc. with seal & Stamp. Place: Name: Dated: Designation: Page 29

30 (On the letter head of Firm) Price Bid Format Annexure-II (B) Name of the Firm: Sl. Description of item No. 1 Web On-line payment v. Debit card vi. Credit card vii. Net-banking viii. Other Cash Card 2 Wallet Payment 3 POS 4 Outlet Payment like Common Service Center Banks, Kirana store, Post Office, kiosk / any other option to be specified 5 Bank ATMs Rate per transaction exclusive of all taxes (in Rs./ %) In Figure In Words Taxes and Duties Applicable (if any) Terms & Conditions.:- 1 All the prices should be firm & exclusive of Taxes. 2 Taxes & duties shall be mentioned clearly. 3The rates to be quoted in figure and words. The rates shall be quoted unconditionally and Conditional tenders shall be rejected. 4 Above price include all the prices necessary for providing online payment services for the entire contract period. 5 The rate per transaction should be charged to CESU or Consumer has to be mentioned. Page 30