REQUEST FOR PROPOSAL FOR OUTSOURCING OF INSTALLATION AND MANAGED SERVICES FOR 1500 CASH DISPENSERS

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1 BANK OF INDIA REQUEST FOR PROPOSAL FOR OUTSOURCING OF INSTALLATION AND MANAGED SERVICES FOR 1500 CASH DISPENSERS Ref: BOI/HO/IT/ATM/ /1 Dated: 07/12/2013

2 Index -Content of the RFP The products and services required, bidding procedures, contract terms and conditions are prescribed in the RFP. The Bidding Documents include: (a) PART 1 - Invitation to Bid (ITB) (b) PART 2 - Disclaimer (c) PART 3 - Eligibility Criteria (d) PART 4 - Terms and Conditions of Contract (TCC) (e) PART 5 - Scope of Work for ATM / CD outsourcing services (f) PART 6 -- Technical & Functional Specifications (TFS) (g) PART 7 - Price Bid Format (h) PART 8 - Formats and Annexures PART 1 : INVITATION TO BID Bank of India, a leading nationalised Bank intends to expand its ATM network. The Bank has commissioned 3214 ATMs on an end to end outsourced basis as on 30 th November The total number of branches of the Bank are 4497 as on 30 th November 2013 and all branches are on Core banking platform. 1.1 Request for Proposal Bank of India (Bank) invites Bids to install 1500 Cash Dispensers (CDs) across the length and breadth of the country on an opex basis daily rental model. The 1500 CDs are required to be installed by December 2014 with a provision of issuing additional requirement of 20% that is 300 CDs upto March These CDs will be networked / connected to the existing ATM Switch of the Bank. This Request for Proposal (RFP) is to invite proposals from eligible bidders (referred to as Bidder / Bidders in this document) for providing CD roll out and managed services of 1500 CDs on an outsource basis on per day per ATM pricing model. The bidder selected after due completion of the evaluation process is referred to as Vendor in this document. The Bank intends to install Cash Dispensers (CDs) only and wherever the word ATM is used in this document may be construed as Cash Dispenser (CD). 1.2 ATM Switch The ATM Switch of the Bank is IST Switch located at Bank s Data Centre (DC) in Navi Mumbai. This ATM Switch is being managed by FIS Payment Solutions and Services India Pvt. Ltd. (FIS). The existing ATM Switch would continue to process the transactions generated by the proposed ATMs. The Bank will arrange for the online feed from IST Switch to the Managed Service Centre of the Vendor to enable monitoring / management of the CDs deployed under the requirement of this RFP. The Switch functions of ATM RFP for 2000 Cash Dispensers Page 2 of 76

3 driving, Terminal Master Key generation and dynamic key change, etc. will be carried out by the Bank s existing ATM Switch. The Disaster Recovery (DR) ATM switch is installed at FIS Data Centre located at Chennai. 1.3 ATM Locations Bank intends to install about 500 On-site CDs and about 1000 Off-site CDs spread across the country. Bank proposes to install all CDs with biometric functionality. Site for On-site CDs would be provided by the Bank at different branches situated at Metropolitan, Urban, Semi-urban and Rural locations. Site for Off-site CDs in areas desired by the Bank should be finalized in its entirety by the Bidder / Vendor. The areas covered for installation of Off-site CDs would also comprise of Metropolitan, Urban, Semi-urban and Rural locations. The Bank reserves the right to change the proportion of On Site and Off-Site CDs as per its business requirements. The list of existing ATMs deployed by Bank zone-wise is enclosed as Annexure I to this document. The ATM locator search feature on Bank s Website provides exact location of our ATMs by giving option of State and City. 1.4 Schedule of Bid submission / Address for communication Date and Time of commencement of Sale of Bid Document Last date for requesting any clarification Pre-Bid Meeting of interested Bidders Last Date and Time for Receipt of Bids at Bank of India Head office Date and Time of opening of Eligibility and Technical Bids Date, Time & Place of opening of and Price Bids for Eligible and Technically Qualified Bidders Contact Persons ID for Queries / Clarification 07/12/ /12/2013 upto am 13/12/2013 at a.m. at Head Office, IT Department (address given below) 23/12/2013 by 4.00 p.m. Address: Bank Of India, Information Technology Department, Head office, Star House, C-5, G-Block, 8 th Floor, West Wing Bandra Kurla Complex, Bandra (East) Mumbai /12 /2013 at 4.15 p.m. Will be advised separately. 1. Bhushan Bagwe Senior Manager RFP for 2000 Cash Dispensers Page 3 of 76

4 o.in 2. Ms. Yashodhara K. Khanolkar Chief Manager Yashodhara.Khanolkar@bankofi ndia.co.in Phone : Mr. Dilip Gaikwad Deputy General Manager Dilip.gaikwad@bankofindia.co.in 1.5 Bank reserves the right to change the dates, timings mentioned above or elsewhere mentioned in the RFP, which will be communicated by placing the same as corrigendum under Tender section on Bank s web-site. RFP for 2000 Cash Dispensers Page 4 of 76

5 PART 2 : DISCLAIMER a) 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. b) This RFP is neither an agreement nor an offer and is only an invitation by Bank to the interested parties for submission of bids. The purpose of this RFP is to provide the Bidder(s) with information to assist the formulation of their proposals. This RFP does not claim to contain all the information each bidder may require. Each Bidder should conduct its own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP and where necessary obtain independent advice. Bank makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFP. Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP. c) This is not an offer by the Bank but only an invitation to bid in the selection process initiated by the Bank. No contractual obligation whatsoever shall arise from the RFP process until a formal contract is executed by the duly authorised signatory of the Bank and the Bidder. RFP for 2000 Cash Dispensers Page 5 of 76

6 PART 3 ELIGIBILITY CRITERIA Sl. Criteria No. 1. Bidder should be a registered company in India under Companies Act 1956 and should have been in operation for a period at least two years as on date of RFP. 2. Bidder should have installed and /or carried out ATM Managed Services of minimum 2000 ATMs/CDs (as on 30/09/2013) successfully over a period of last 3 years for at least 3 Banks put together out of which 1 Bank should be public Sector Bank. (In case of companies which are in existence for less than three years the above requirement is applicable for that period) Documents to be submitted Copy of the Certificate of Incorporation and Certificate of Commencement of Business. Supported by documentary evidence and also copies of the Service Contracts wherever entered. (The Bank will consider the arrangements to be firmed up only when documents evidencing agreements signed or undertakings / commitments made are submitted. Bidders who have not firmed up arrangements with other vendors / subcontractors are not likely to be considered.). Letter from the concerned organization confirming successful implementation of ATM project with them, to be submitted with following details Name of the client Number of Locations Type of Model Scope of Project Name of the person who can be referred to from Clients side, with Name, Designation, Postal Address, Contact Phone and Fax numbers, Ids, etc., (Attach copies of purchase orders) The Bank reserves the right to inspect such installations while evaluating the RFP for 2000 Cash Dispensers Page 6 of 76

7 3. Bidder should have experience of deployment of minimum 1000 ATMs/ CDs on Opex model. 4. Bidders should have firmed up arrangements for Managed Services and must have its owned Managed Services Centre operational in India and must be performing managed services of ATMs including but not limited to 24 X 7 monitoring, call escalation, FLM, SLM, replacing consumables, housekeeping, EJ pulling, cash forecasting and cash replacement etc. for at least 2000 ATMs as on 30/09/ Minimum annual turnover out of ATM related Indian operations should not be less than Rs. 100 Crores in the last financial year ( ) as per audited financial statements. 6. Bidders and /or their franchisees should have presence at minimum 40 cities / districts spread across all States with support offices. 7. Bidder should have maintained Positive Net worth during the last two financial years i.e & Bidder should have a disaster recovery centre and business continuation plan in place. 9. Bidder should also have internal control and audit measures in place. Audit report from external auditor must be submitted as a proof. Technical Bid. Supported by letter of references with clarity as to the credentials of having managed ATMs / CDs on Opex basis. Copies of the Service Contracts wherever entered. Supported by documentary evidence and also copies of the Service Contracts wherever entered. Provide address/s of Managed Service Centres owned by the Bidder. Provide name of the Monitoring Tool used / proposed to be used by the Bidder. Audited Financial statements to be submitted. List of service centers with complete address and contact details to be provided as per Format enclosed. Audited Financial statements to be submitted. Documentary Proof with copy of Plan. Copy of latest Audit Report. 10. Bidder should not have been blacklisted by any PSU Bank / IBA/RBI during the last five years. RFP for 2000 Cash Dispensers Page 7 of 76

8 PART 4 : TERMS AND CONDITIONS OF CONTRACT (TCC) 4.1 Period of Contract The Bidder should commit to provide the outsourced services detailed in this document for entire contract period from the date of execution of Service Level Agreement / Contract Form to expiry of Contract period ended 31/12/ The Banks may take over the CD, UPS, ACs and VSAT at an aggregate value of Rs. 1,000/- per site at the end of the contract period. Taxes related to transfer of fixed assets, if any, will be paid by the Bank separately To facilitate the takeover, the Vendor should maintain proper records of the assets deployed, the Vendor should undertake the following:- a) The Vendor should maintain proper records at its office for all the assets dedicated to the Bank s ATM network. The Bank reserves the right to audit such fixed assets register through its internal/external auditors. b) The site, for all practical purposes, belongs to the Bank. The vendor will, therefore, not transfer or sale or surrender or vacate the site or enter into any contract or order with any other bank/entity for the site without Bank s permission. The bank will also have the first right of refusal for the site before the vendor discontinues or terminates the agreement with the Bank. c) Upon expiry of the contract period, the Vendor should make all efforts in transferring/assigning the rights under lease/rental Agreements executed between the Vendor and the respective landlords of all offsite CD locations. d) Upon conclusion of the contract period/termination of the contract, the Vendor will be responsible to provide a smooth transition plan including all efforts to transfer/assignment of service contracts for continuation of services of (i) caretaker (ii) cash management (iii) Maintenance of CD, UPS, AC, VSAT and other equipment (iv) Maintenance & Upkeep of ATM Sites etc. e) The Vendor should ensure that assets of CD, UPS, AC, VSAT deployed are free of all encumbrances for the Bank to take over on expiry of the Contract. 4.2 Bid Document Availability and Cost of Bidding Bid document availability RFP for 2000 Cash Dispensers Page 8 of 76

9 The Bidding Document may be obtained from the Bank as under or downloaded from Bank s Website and the bid should be submitted on or before the due date and time brought out in the bidding document at the office of Bank Of India, Information Technology Department, Head office, Star House, C-5, G-Block, 8 th Floor, West Wing Bandra Kurla Complex, Bandra (East) Mumbai Bidders should note that all the information required by the Bank in RFP needs to be provided. Incomplete information may lead to non-selection Cost of Bidding A non refundable bid amount of Rs. 50,000/- to be paid by means of a demand draft / pay order favouring "Bank of India - RFP-1500 ATMs payable in Mumbai being cost of Bid document. The amount will not be refunded to any prospective bidder under any circumstances including cancellation of RFP or procurement process at any stage. If bid is downloaded from website, the cost of the bid may be paid in a separate envelope while submitting the Bid. Bids are liable to be rejected if the Bid Amount demand draft / pay order is not received. 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. 4.3 Language of Bid The Bid prepared by the Bidder, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Bank and supporting documents and printed literature shall be written in English. 4.4 Bid Documents Submission requirement Each bid shall be submitted in two parts ( one for Technical proposal and one for Price Bid ) Part I- Technical Proposal. Part II- Price Bid The two parts should be in two separate covers, each superscribed with the name of the Project as well as Technical Proposal and Price Bid as the case may be The Bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. The person or persons signing the Bids shall RFP for 2000 Cash Dispensers Page 9 of 76

10 initial all pages of the Bids, except for un-amended printed literature Any inter-lineation, erasures or overwriting shall be valid only if they are initialled by the person signing the Bids. The Bank reserves the right to reject bids not conforming to above 4.5 Documents Comprising the Bid Technical Proposal Envelope should contain following documents : a. Offer Letter Format 8.1 b. Conformity to Eligibility Criteria Format 8.2 c. Bidder Organisation details Format 8.3 d. Track Record of operations Format 8.4 e. Service Support details Format 8.5 f. Certificate of Single Point Responsibility for all sub-contracts Format 8.6 g. Undertaking for Scope of work Format 8.7 conforming compliance to Scope of work as per PART 5 of the RFP h. Manufacturer s Authorisation Format 8.8 i. Guarantee for Bid Security Deposit of Rs. 25 Lakh Format 8.11 j. Conformity to compliance of TECHNICAL & FUNCTIONAL SPECIFICATIONS (TFS) mentioned in Part 6 of the RFP Format PART 6 k. DD/Payorder of Rs /- being cost of Bid document l. All the supporting documents, reference letters as required for evaluating the responsiveness to the RFP requirement. m. Any other documents for the information required as per the terms of RFP While submitting the Technical Bid, literature on the software / hardware if any, should be segregated and kept together in one section / lot. The other papers like Bid Security, Formats as mentioned above etc., should form the main section and should be submitted in one lot, separate from the section containing literature and annual accounts Any Technical Proposal not containing the above will be rejected. The Technical Proposal should not contain any price information, such proposal will be rejected Document comprising Price Bid Envelope a) The Commercial / Price Bid as per PART 7 as furnished in the Bidding documents duly signed by the Bidder and completed. b) Price bids containing any deviations, variation or additional clauses will be summarily rejected. RFP for 2000 Cash Dispensers Page 10 of 76

11 4.5.5 Bid Submission The Bidder shall submit both (Technical Proposal and Price Bid) Envelopes simultaneously contained in one outer envelope to the Bank at address Bank Of India, Information Technology Department, Head office, Star House, C-5, G-Block, 8 th Floor, West Wing Bandra Kurla Complex, Bandra (East) Mumbai Bids are liable to be rejected if only one (i.e. Technical Proposal or Price Proposal) is received Please note to submit the non refundable bid amount of Rs. 50,000/- by means of a demand draft/pay order favouring Bank of India RFP for 1500 ATMs payable in Mumbai, in a separate envelope while submitting the Bid. Bids are liable to be rejected if the same is not received. 4.6 The bidder is expected to examine all instructions, formats, terms and specifications in the RFP Document. Failure to furnish all information required or to submit a Bid not substantially responsive to the RFP requirement will be at the Bidder s risk and may result in the rejection of the Bid. 4.7 Clarification of Bidding Document Bidder requiring any clarification pertaining to the RFP Document may seek the same from the Bank in writing at the address mentioned in or by as indicated in Invitation to Bid on or before 13/12/2013 upto a.m. is considered as one of the valid mode of communication. 4.8 Amendment of RFP / Bidding Document At any time prior to the deadline for submission of Bids, the Bank, for any reason, whether, at its own initiative or in response to a clarification requested by a prospective Bidders, may modify the Bidding Document, by issuing Corrigendum Corrigendum will be put up on the Bank s Website alongwith the RFP document and will be binding on all Bidders In order to allow prospective Bidders reasonable time in which to take the amendment into account in preparing their Bids, the Bank, at its discretion, may extend the deadline for a reasonable period as decided by the Bank for the submission of Bids. C. PREPARATION OF BIDS RFP for 2000 Cash Dispensers Page 11 of 76

12 4.9 Bid Prices The prices indicated in the Price Schedule shall be entered in the following manner:- a) The total price quoted should be inclusive of applicable taxes, duties, levies, charges, Road Entry Tax, Octroi etc., as also cost of incidental services such as transportation, insurance etc. but exclusive of Service Tax applicable on the Vendor rentals / fees payable to Government Authorities. b) Price quoted in the Price Schedule as per Part 7 shall be valid for the entire Contract Period of from the date of signing Contract For/m / SLA upto 31 st December, Prices quoted by the Bidder shall be fixed during the Bidder s performance of the Contract and shall not be subject to variation on any account, including exchange rate fluctuations, changes in taxes, duties, levies, charges etc. A Bid submitted with an adjustable price quotation will be treated as non-responsive and will be rejected However during the contract period if there is significant reduction in the market prices of product / services delivered by the Vendor (due to govt. directive) the benefit will have to be passed on to the Bank Bid Currencies Bids are to be quoted in Indian Rupees only Bid Security The Bid Security amount is Rs. 25,00,000/- (Rs. Twenty Five lakh only) The Bidder shall furnish, as part of its Bid, a Bid security amounting to Rs. 25 lakh Format The Bid security is required to protect the Bank against the risk of Bidder s conduct, which would warrant the security s forfeiture The Bid security shall be denominated in Indian Rupees and shall be in one of the following forms: a) a Bank guarantee issued by a Public Sector / Private Sector Bank in India (Other than Bank Of India), acceptable to the Bank, in the as per Format 8.11 provided in the Bid, valid for forty-five (45) days beyond the validity of the Bid. OR RFP for 2000 Cash Dispensers Page 12 of 76

13 b) a Banker s Cheque / Demand Draft, issued by a Scheduled Commercial Bank in India, drawn in favour of Bank of India payable at Mumbai Any Bid not secured, as above, will be rejected by the Bank, as nonresponsive Unsuccessful Bidders Bid security will be discharged or returned as promptly as possible but not later than sixty (60) days after the expiration of the period of Bid validity The successful Bidder s Bid security will be discharged upon the Bidder signing the Contract Form and and furnishing the Performance Security The Bid security may be forfeited: a) if a Bidder withdraws its Bid during the period of Bid validity. or b) if a Bidder makes any statement or encloses any form which turns out to be false/incorrect at any time prior to signing of Contract; or c) in the case of a successful Bidder, if the Bidder fails; (i) to sign the Contract Form / SLA or (ii) to furnish Performance Security of Rs. 1 Crore 4.12 Period of Validity of Bids Bids shall remain valid for 180 days from the date of opening of the Bid. A Bid valid for a shorter period may be rejected by the Bank as non-responsive In exceptional circumstances, the Bank may seek the Bidders consent for extension of the period of validity. The request and the responses thereto shall be made in writing. The Bid security provided shall also be suitably extended. Bidder may refuse the request without forfeiting its Bid security. D. SUBMISSION OF BIDS 4.13 Sealing and Marking of Bids The Bidders shall seal one envelope of Technical Bid and One envelope of Price Bid and the two envelopes (one Technical Bid & one Price Bid) of each bidder shall be enclosed and sealed in one outer envelope. The Bidder should additionally submit soft copies of RFP for 2000 Cash Dispensers Page 13 of 76

14 the Technical Bid documents & Specifications in the form of CD separately The inner and outer envelopes shall bear the Project Name as under: "Bank of India - RFP- For installation of 1500 ATMs Ref: BOI/HO/IT/ATM/ /1 Dated: 07/12/2013 The Technical and Price Bids a) Technical Bid : "Bank of India - RFP- For installation of 1500 ATMs Technical Bid Ref: BOI/HO/IT/ATM/ /1 Dated: 07/12/2013 b) The Price Bid envelope will bear the Project name as under Bank of India - RFP- For installation of 1500 ATMs Price Bid Ref: BOI/HO/IT/ATM/ /1 Dated: 07/12/ If the outer envelope is not sealed and marked, the Bank will assume no responsibility for the Bid s misplacement or premature opening Deadline for Submission of Bids Bids should be received by the Bank at the address specified, no later than the date & time specified in the Invitation to Bid The Bank may, at its discretion, extend this deadline for the submission of Bids by amending the Bid Documents, in which case, all rights and obligations of the Bank and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended Late Bids Any Bid received after the deadline for submission of Bids prescribed, will be rejected and returned unopened to the Bidder Modification and Withdrawal of Bids The Bidder may modify or withdraw its Bid after the Bid s submission, provided that written notice of the modification, including substitution or withdrawal of the Bids, is received by the Bank, prior to the deadline prescribed for submission of Bids The Bidder s modification or withdrawal notice shall be prepared, sealed, marked and dispatched. A withdrawal notice may also be sent by Fax, but followed by a signed confirmation copy, postmarked, not later than the deadline for submission of Bids. RFP for 2000 Cash Dispensers Page 14 of 76

15 No Bid may be modified after the deadline for submission of Bids No Bid may be withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity. Withdrawal of a Bid during this interval may result in the Bidder s forfeiture of its Bid security. E. Opening and Evaluation of Bids 4.17 Opening of Technical Bid by the Bank The Technical Bids will be opened in the presence of representative Vendors The Bidders names, Bid modifications or withdrawals and the presence or absence of requisite Bid Security and such other details as the Bank, at its discretion, may consider appropriate, will be announced at the time of technical Bid opening. No bid shall be rejected at the time of Technical bid opening, except for late bids, which shall be returned unopened to the Bidder Bids (and modifications sent) that are not opened at Bid Opening shall not be considered further for evaluation, irrespective of the circumstances. Withdrawn bids will be returned unopened to the Bidders Preliminary Examination The Bank will examine the Bids to determine whether they are complete as to the required formats, documents, reference letters have been furnished, the documents have been properly signed, and the Bids are generally in order Bank may, at its discretion, waive any minor infirmity, non-conformity, or irregularity in a Bid, which does not constitute a material deviation The Bank will examine whether the Bid and the Bidder is eligible in terms of Eligibility Criteria contained in Part 3 of the RFP The Bank will determine 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 RFP without material deviations or reservations to the terms and conditions The Bank s determination of a Bid s responsiveness will be based on the contents of the Bid itself, without recourse to extrinsic evidence Technical Evaluation RFP for 2000 Cash Dispensers Page 15 of 76

16 The Bank reserves the right to evaluate the bids on technical & functional parameters including visit to inspect live site/s of the bidder, interact with the banks whose reference letters are submitted. The technical bids will be evaluated inter alia on the basis of the following key criteria: a) Certifications for the CD machine from the Vendors of the Bank s ATM Switch. b) Ability of the proposed CDs to meet functional (transactional) requirements outlined in this document. c) Compliance of the Make and Models of CDs proposed with technical specifications laid down in the RFP d) Bidder s owned and its subcontractor's support facilities e) Project management capabilities of the Bidder f) Bidder s experience / expertise with respect to the delivery of Scope of work laid down in the RFP g) Availability of Managed Services Centre with a DR setup owned by the Bidder and its capacity to take additional ATMs Bidders who fulfil all qualifications mentioned in Part 3 of Eligibility Criteria of this RFP are eligible to participate in this tender process Bank reserves the right to waive any of the Technical and Functional Specification during technical evaluation if in the Bank s Opinion it is found to be minor/deviation or acceptable deviation During evaluation of the Bids, the Bank, at its discretion, may ask the Bidder for clarification of its Bid. The request for clarification and the response shall be in writing, and no change in the prices or substance of the Bid shall be sought, offered or permitted Bidders may be called to give presentation of their solutions with its capabilities at their own cost, which will be taken into account for technical evaluation of the Bidders Opening of Price Bids Price bids submitted by only those Bidders who are eligible in terms of the Eligibility Criteria and whose bids are evaluated by the Bank as Technically responsive to the Technical specifications will be opened The Bidders shortlisted / evaluated for opening of the Price Bids will be informed of the date / time / Venue of opening of price bids The Price Bids will be opened in presence of the representative of the eligible bidders After opening of price bids the prices will be declared to the render opening committee and representative of bidders present. RFP for 2000 Cash Dispensers Page 16 of 76

17 The Bank will evaluate the Price Bids with respect to any deviations with respect to the conditions. The Arithmetical errors will be rectified on the following basis:- If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the Successful Bidder does not accept the correction of the errors, its Bid will be rejected, and its Bid security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail The Price quoted by responsive bidders will be compared to arrive at the lowest (L1) Price quoted. All the Price bids after their evaluation on the parameters mentioned in Part 7 of this RFP would be arranged in ascending order and the L1 Bidder would be identified as one whose bid has been evaluated to be the lowest Contacting the Bank No Bidder shall contact the Bank on any matter relating to its Bid, from the time of opening of Price Bid to the time the Contract is awarded Any effort by a Bidder to influence the Bank in its decisions on Bid evaluation, Bid comparison or contract award may result in the rejection of the Bidder s Bid Award of Contract Criteria The Bank will award the Contract to the successful Bidder who has been determined to be eligible to qualify to perform the Contract satisfactorily, and whose Bid has been determined to be responsive, and is the lowest evaluated Bid as above Bank s right To Accept Any Bid and to reject any or All Bids The Bank reserves the right to accept or reject any Bid /offer received in part or in full, and to cancel the Bidding process and reject all Bids at any time prior to contract of award, without thereby incurring any liability to the affected or Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Bank s action After identification of L1 Bidder, Bank will follow the internal procedure for necessary approvals and thereafter proceed with notification of award to L1 Bidder Bank reserves the right to cancel the entire Bidding / procurement process at any stage without assigning any reason whatsoever Notification of Award RFP for 2000 Cash Dispensers Page 17 of 76

18 Prior to expiration of the period of Bid validity, the Bank will notify the successful L1 Bidder in writing or by , that its Bid has been accepted Upon notification of award to the L1 Bidder, the Bank will promptly notify each unsuccessful Bidder and will discharge their Bid security Signing of Contract The Bank will sent notification of award of contract to the successful lowest Bidder that its Bid has been accepted Upon receiving notification of award of contract the L1 bidder should within 15 days shall sign the Contract Form as per Format Signing of the Contract Form will constitute formation of the Contract till the Service Level Agreement is executed between the Bank and the Vendor Failure of the successful Bidder to sign the contract and return it to the Bank within 15 days from the date of award of contract shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid security Performance Security The Performance Security shall be denominated in Indian Rupees and shall be by way of Bank Guarantee issued by a Public / Private Sector Bank in India (Other than Bank of India), acceptable to the Bank in the Format The successful Bidder shall provide on an annual basis a Performance Bank Guarantee from a reputed public sector or private sector bank of Rs. 1 Crore within 30 days of signing the Service Level Agreement. Performance Bank Guarantee will be annually renewable through the period of contract with a claim period of 3 (three) months. Format of Performance Bank Guarantee is as per Form 8.10 of the RFP The proceeds of the Performance Security shall be payable to the Bank as compensation for any loss resulting from the Vendor s failure to complete its obligations under the Contract. In the event of nonperformance of obligations the Bank shall be entitled to cancel the contract and invoke the Performance Bank Guarantee without notice or right of demur to the Vendor apart from the other provisions of cancelling the order in terms of the RFP In the event of any contract amendment, the Vendor shall, within the 21 days from the date of such amendment (as relevant to the Performance Security), furnish the amendment to the Performance security, rendering the same valid for the duration of the Contract. RFP for 2000 Cash Dispensers Page 18 of 76

19 In the event of Bank awarding contract for additional 20% CDs by March 2015, the Vendor will submit Performance Guarantee for additional amount of Rs. 10 lakh upon execution of Supplemental SLA Pre-Bid Meeting It has been decided to hold a Pre-Bid Meeting on 13/12/2013 at a.m., at Bank s Head Office, IT Department at address given in the Part Invitation to Bid of this RFP. Bidders are requested to send their queries relating to RFP to our office by ( addresses given on 4 th page) well in advance (latest by 13/12/2013 up to a.m.), so that the same could be addressed during the Pre-Bid meeting with interested Bidders. The required clarifications will be given by way of addendum to RFP and placed on Bank s web-site as corrigendum to RFP Publicity Any publicity by the Vendor in which the name of the Bank is to be used will be done only with the explicit written permission of the Bank. The ATM sites shall contain publicity material of the Bank and display important information to the customers. No third party advertising including that of Vendor shall be allowed at ATM sites Insurance It is the sole responsibility of the Vendor to obtain adequate insurance cover for the Cash in transit, cash held in CD machine, cash held in Vault, the CD machine, UPS, AC and other infrastructure deployed for implementation of the project. The Vendor is responsible to reimburse the Bank the loss of Cash in transit, cash held in CD machine, cash held in Vault of CMA without waiting for settlement of Insurance claim Service Level Agreement The selected Vendor shall enter into Service Level Agreement, containing all the Terms and Conditions of this RFP including confidentiality, non-disclosure, IPR related clauses, with the Bank for a contract period from the date of execution / effective date to ending 31 st December In case the Bank awards contract for additional 20% ATMs that is 300 ATMs as per the terms and conditions of the RFP, the Vendor shall enter into supplemental SLA Use of Contract Documents and Information The Vendor shall not, without the Bank s prior written consent, RFP for 2000 Cash Dispensers Page 19 of 76

20 disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Bank in connection therewith, to any person other than a person employed by the Vendor in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance The Vendor shall not, without the Bank s prior written consent, make use of any document or information for purposes of performing the Contract Any document, other than the Contract itself, shall remain the property of the Bank and shall be returned (in all copies) to the Bank on completion of the Vendor s performance under the Contract, if so required by the Bank 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 the Vendor of such claim, if it is made, without delay. The Vendor shall indemnify the Bank against all third party claims Inspection The Bank reserves the right to carry out inspection by a team of Bank officials, of any of the existing live installations of the Vendor referred to in the Technical Bid or demand a demonstration of the solution proposed on a representative model in bidder s office Nothing stated hereinabove shall in any way release the Vendor of any obligations under this contract Manuals / Documentation Before the first CD is accepted by the Bank, the successful bidder shall provide Design Manual, System Manual, Operations Manual and Security Manual for ATM / CD installed Unless and otherwise agreed the CD shall not be considered to be installed for the purpose of acceptance until such manuals have been supplied to the Bank. RFP for 2000 Cash Dispensers Page 20 of 76

21 Documentation should be comprehensive & include: Product Literature. Operating manuals. General Specifications. Operator Reference manuals for each operator task. Messages manuals. Documentation on troubleshooting UPTIME CALCULATION Uptime is calculated as accessibility / availability of the CDs for all types of transactions supported on the CD. Availability should be for the end customer and the customer should be able to perform all transactions (financial & non-financial) that are supported on the ATM including generation of the receipt on completion of transaction, dispensing of cash of all denomination for which ATM is configured Installation of ATM Delivery Channel is of critical importance for the Bank and therefore, it requires uptime availability of 98% calculated on monthly basis for each CD. An uptime of minimum of 98% for each CD for a calendar month (excluding the month in which the CD is installed) is required. Following will be Standard Exclusions while calculating availability: A maximum of 10 hours per month for performance of Supervisory duties and preventive maintenance, time taken for activity replenishment of Cash at CD Bank dependency, actual downtime due to Cash Out on account of non-supply of cash by the Bank. Bank dependency, actual downtime on account of ATM Switch downtime force majeure cases In case of non availability of connectivity for onsite ATMs Core Banking Solution Host outages Any other cause attributable to Bank s infrastructure For the purpose of calculation of uptime, an ATM which is not dispensing cash for reasons other than stated above, will be treated as down even though the non financial transactions are happening successfully on the ATM However, an ATM which is dispensing cash successfully will be treated as functioning even though non financial transactions are not happening. RFP for 2000 Cash Dispensers Page 21 of 76

22 4.36 PENALTY FOR NON MAINTENANCE OF UP-TIME Penalties will be Rs 100/- per hour for any downtime beyond 2 % in a month, after taking into account all the exclusions provided in the above paragraph calculated on a monthly basis. For example if the month has 30 days i.e. 720 hours, 10 hours will be deducted for Preventive Maintenance and Supervisory Time (assuming that there is zero downtime on account of non-supply of cash and thenon-operation of Switch). Of the remaining 710 hours, the bidder has to ensure that the downtime does not exceed 2% i.e. 14 hours in a month per ATM. For downtime exceeding i.e 24 hours in the month, penalty at the rate of Rs. 100 per hour will be levied. Bank will share its downtime details and Banks decision will be final The Vendor shall be charged penalty for Cash outs in any ATM due to the fault of the Vendor at the rate of Rs.1,000 per occasion. For the purpose of charging penalty, non-availability of currency of all denominations that is all cassettes getting empty (for reason not attributable to the Bank) shall be treated as cash out. There will be no exclusions (other than standard exclusions) in this regard In the event of CD going down for two reasons at a time viz. ATM machine related fault and Cash Out in ATM due to the fault of the Vendor, the penalty amount calculated higher of the two will be levied Commissioning the CDs and Operationalising Services The Vendor shall be responsible for operationalising all the services stipulated under this RFP at On-site locations within 6 weeks and at Off-site locations within maximum 8 weeks from the date of purchase order for CD location The roll out requirement is phased out as under:- a) 750 CDs (50% of the RFP quantity) should be installed by June b) Balance 750 CDs should be installed by December, Penalty for Delay in Operationalising the Services The Vendor shall be charged Penalty for delay in operationalising the ATMs as mentioned below:- a) On-Site ATM should be operationalised within 45 days from the date of Site Handover by Bank. RFP for 2000 Cash Dispensers Page 22 of 76

23 b) Off-Site ATM should be operationalised within 60 days from the date of Site Clearance from Zonal Office CAP ON PENALTY a) The total Penalty recoverable for downtime that is not maintaining the uptime as per Service Level, cash outs attributable to the Vendor, delay in operationalization of services will be capped at 10% of the total payment due to the Vendor for under the Contract for the particular month. b) This above Cap is not applicable for the dues recoverable from the Vendor under clause 5.5 and 5.10 of this RFP ADDITIONAL CD REQUIREMENT Bank reserves the right to place order with the selected Vendor upto March 2015 for additional 300 CDs in addition to 1500 CDs at the contracted daily rental and terms and conditions TERMINATION OF CONTRACT: Bank reserves the right to cancel the entire / unexecuted part of Purchase Order at any time without assigning appropriate reasons in the event of one or more of the following conditions: a) Undue delay in Implementation of the Project beyond the specified periods owing to the Vendor b) Non satisfactory performance of the Vendor during implementation and operation. c) Failure to integrate / implement the project as per the requirements of the Bank. d) Serious discrepancies noted in the implementation of the project e) Breaches in the terms and conditions of the Order. f) The average availability in three consecutive months of all the CDs taken together is less than 90%. g) The general maintenance of the sites and equipment is poor and there is no improvement despite bringing it to the notice of the vendor. h) The Vendor repeatedly defaults in payments of site rent, electricity and communication bills, statutory dues, other subcontractors, caretaker wages, etc. i) The vendor becomes bankrupt / insolvent. In this event, termination will be without compensation to the Bidder, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Bank. RFP for 2000 Cash Dispensers Page 23 of 76

24 In addition to the cancellation of purchase order, the Bank reserves its right to invoke the Performance Bank Guarantee given by the bidder In case of breach of contract on part of the Vendor or the Bank, the affected party shall serve notice of breach on the other party. The party committing the breach shall, within 90 days of service of such notice take adequate steps to remedy the breach, failing which the affected party may enforce performance in accordance with applicable clauses of the Agreement Upon breach of contract and after the expiry of the notice period, if the Vendor fails to improve the performance and/or, does not take steps to remedy the breach, the Bank will be compelled to initiate takeover of assets. Under such circumstances following will be applicable: a) The value payable by the Bank to the Vendor will be depreciated amount of the fixed assets like CD machine, UPS, AC, VSAT, etc. as on the date of notice. The applicable rate of depreciation would p.a. for the invoice value of fixed assets inclusive of taxes, calculated on straight line method. (However, the Vendor may apply its own depreciation rate and method for maintaining its books of accounts internally). b) All other clauses (a) to (d) mentioned in above are applicable in case of breach of contract also Termination for Insolvency The Bank may, at any time, terminate the Contract by giving written notice to the Vendor if the Vendor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Bidder, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Bank REVIEW MEETING Bank will hold a review meeting with the responsible senior in rank personnel of the selected vendor on monthly basis to review the project implementation and operation. In case non satisfactory performance, the successful bidder will be given time till the next monthly review to improve the performance. If the bank is not still satisfied with the performance, bank reserves the right to terminate the contract and invoke the performance bank guarantee given by the bidder FORCE MAJEURE RFP for 2000 Cash Dispensers Page 24 of 76

25 The Vendor or the Bank shall not be liable for default or nonperformance of the obligations under the contract, if such default or non-performance of the obligations under this contract is caused by any reason or circumstances or occurrences beyond the control of the The Vendor or the bank, i.e. Force Majeure. For the purpose of this clause, Force Majeure shall mean an event beyond the control of the parties, due to or as a result of or caused by act of God, wars, insurrections, riots, earth quake and fire, revolutions, floods, epidemics, quarantine restrictions, trade embargos, declared general strikes in relevant industries, satellite failure, act of Govt. of India, events not foreseeable but does not include any fault or negligence or carelessness on the part of the parties, resulting in such a situation. In the event of any such intervening Force Majeure, either party shall notify the other in writing of such circumstances and the cause thereof immediately within five calendar days. Unless otherwise directed by the Bank, the Vendor shall continue to perform/render/discharge other obligations as far as they can reasonably be attended/fulfilled and shall seek all reasonable alternative means for performance affected by the Event of Force Majeure In such a case, the time for performance shall be extended by a period(s) not less than the duration of such delay. If the duration of delay continues beyond a period of 180 days month, the Bank and the Vendor shall hold consultations with each other in an endeavor to find a solution to the problem. Notwithstanding above, the decision of the Bank shall be final and binding on the Vendor Jurisdiction All disputes would be subject to Indian laws and jurisdiction, and settled at courts in Mumbai Audit The bank at its discretion shall audit cash in vault, cash in CDs, the software, services of the Vendor by its internal/external auditors. The Vendor is required to facilitate the same at no additional cost Indemnity The Vendor shall indemnify, protect and save the Bank against all claims, losses, costs, damages, expenses, action suits and other proceedings, resulting from any actions of the employees or subcontractors, agents of the Vendor The Vendor shall indemnify, protect and save the Bank against all claims, losses, costs, damages, expenses, action suits and other proceedings, resulting from infringement of any law pertaining to patent, trademarks, copyrights etc. or such other statutory infringements in respect of all the hardware and software used by them. RFP for 2000 Cash Dispensers Page 25 of 76

26 4.45.3Any loss/damage/costs suffered by the Bank on account of any third party liability attributable directly to the equipments deployed by the Vendor and/or its Services shall be borne/reimbursed by the Vendor. The Bank disclaims any liability or responsibility in this regard. In addition to the above, if any wrong or fraudulent withdrawal is found to be effected, attributable to the software/hardware of the CDs and/or any other equipment of the Vendor, the Vendor shall be liable for the direct consequences thereof Compliance with Statutory and Regulatory Provisions It shall be the sole responsibility of the Vendor to comply with all statutory and regulatory provisions while delivering / undertaking the services mentioned in this RFP Taxes and Duties The Vendor shall be entirely responsible for all applicable taxes, duties, levies, charges, license fees, road permits, etc. in connection with delivery of products at site including incidental services and commissioning Income / Corporate Taxes in India: The Vendor shall be liable to pay all corporate taxes and income tax that shall be levied according to the laws and regulations applicable from time to time in India and the price bid by the Bidder shall include all such taxes in the contract price Tax deduction at Source: Wherever the laws and regulations require deduction of such taxes at the source of payment, the Bank shall effect such deductions from the payment due to the Vendor. The remittance of amounts so deducted and issuance of certificate for such deductions shall be made by the Bank as per the laws and regulations in force. Nothing in the Contract shall relieve the Vendor from his responsibility to pay any tax that may be levied in India on income and profits made by the Vendor in respect of this contract. PART 5 : SCOPE OF WORK FOR SERVICES AND DELIVERABLES 5.1 Cash Dispenser (CD) procurement, installation and maintenance a) Bidder is responsible for procurement, installation and maintenance of CDs as per the Technical Specifications mentioned in PART 6 of this RFP document. b) The CDs are required to be deployed across the length and breadth of the country as per Bank s business requirement. RFP for 2000 Cash Dispensers Page 26 of 76

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