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S.No. RFP Ref
Page no
RFP Clause no Existing clause Details Clarification Sought Reply to clarifications
1 31 8.c.1 The successful bidder should conduct System Requirement Study (SRS)
covering the risk, quality, migration, conversion, cutover, resource, change
and communication management plan after understanding the
requirements from the Bank team for the implementation of the solution
and submit the SRS within 15 days from date of acceptance of the Purchase
Order.
Can NABARD look at extending this deadline? Will there be any
flexibility towards this?
No
2 31 8.c.3 On awarding the contract, the bidder should gain understanding of the
functioning of the existing system from core users of the Bank. He shall
prepare a Business Requirement Document (BRD) based on the gap
analysis and other requirements of the RFP within 45 days from the date of
acceptance of Purchase Order.
Can NABARD look at extending this deadline? Will there be any
flexibility towards this?
No
3 165 4.4 Corporate, Banks, Domestic Sovereigns, Foreign Sovereigns, Public sector
entities, Multilateral development banks, BIS, IMF, Indian Banks, Foreign
Banks, Primary dealers, Corporate, Retail (Regulatory Retail, Home Loans,
Consumer loans), Commercial Real estate, NPA, Venture Capital, Other
assets, Off-balance sheet assets and any other asset classification which
RBI may come up from time to time
The period for which the changes in asset classification can be
provided by the bidder will be limited till the project period. Please
confirm.
This is limited to project period i.e. 6 years.
4 168 3.1 The system should have the ability to capture retail exposures at an
account level, assign each exposure to a particular retail pool based on well-
defined risk drivers such as borrower type, demographics, products,
collateral, delinquencies etc. (not limited to these dimensions) to estimate
Pool PD, LGD and EAD from an IND AS 109 perspective. The system
should form Homogenous pools of retail exposures formed in consultation
with the Bank in compliance with IRB guidelines. The system should have
capability to integrate subsequent changes in Pooling criteria.
The period for which the changes in Pooling criteria can be provided
by the bidder will be limited till the project period. Please confirm.
This is limited to project period i.e. 6 years.
5 191 Annexure 31 - 9 -
Operational Risk
Functional Compliance
Capital Computation - Standardized Approach and AMA AMA is planned to be discontinued and not included in the latest
Basel guidelines. Most of the banks have stopped putting efforts and
investment in AMA approach. Request you to relook at this section.
The current approach mandated by BASEL & RBI replacing AMA will be applicable.
6 174 Annexure 31 - 6 Collateral Management Collateral Management is required as an input for the Credit Risk
module only or for maintaining of transactions etc. as well. Since, the
bank already has a CLMS system which maintains and monitors all
collateral related transactions, we request you to limit the scope.
Collateral Management is required as an input for the Credit Risk.Collateral
management would be required as an input to ECL computation as well
7 196 Annexure 31 - iii) Functional Requirement for Business Continuity Management (BCM) Plan Our understanding is that the scope should limit to business impact
analysis, risk assessments, incident management and associated
reports/MIS. Please clarify.
The software should have the functionality of BCM Module.
8 50 Clause 13 Point 6 The bidder must be in the business of providing/Implementing solutions
for Standardised Approach for Credit Risk, Market Risk, Operational Risk
under BASEL II/III guidelines, Governance, Risk & Compliance (GRC) &
IndAS (Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India for an uninterrupted period of two years as on
31.03.2018. Experience in co‐operative banks (State Co‐operative Banks,
District Central cooperative banks, Urban Co‐operative banks, RRBs etc.)
shall not be considered for evaluation.
Since, the IndAS implementation is at an initial stage in the India
market we request to modify the clause as below." "The bidder must
be in the business of providing/Implementing solutions for
Standardised Approach for Credit Risk, Market Risk, Operational
Risk under BASEL II/III guidelines, Governance, Risk & Compliance
(GRC) for scheduled commercial banks/AIFIs in India and overseas
for an uninterrupted period of two years as on 31.03.2018.
Experience in co‐operative banks (State Co‐operative Banks, District
Central cooperative banks, Urban Co‐operative banks, RRBs etc.)
shall not be considered for evaluation".
It is clarified that the SI should have the capability to implement/being
implementing IndAS (Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India.
Reply on pre-bid queries received in response to Tendor No NB.HO.RMD/01/RMD-55/2018-19 Dated: 23 July 2018
Request for Proposal For
End to End Software Solution for Implementation of Enterprise-wide Integrated Risk ManagementArchitecture in accordance with the International Best Practices and Guidelines of RBI on Basel I, Basel II, Basel III
9 51 Clause 13 Point 7 OEM product (software) should have capability in the required areas
namely Credit Risk, Market Risk, Operational Risk, Governance, Risk &
Compliance (GRC) & IndAS (Expected Credit Loss calculation) and all the
four solutions should have been implemented for scheduled commercial
Bank/AIFI in India for an uninterrupted period of two years as on
31.03.2018. Experience in Co‐operative banks (State Co‐operative Banks,
District Central cooperative banks, Urban Co‐operative banks, RRBs etc.)
shall not be considered for evaluation.
Please clarify if uninterrupted period of two years refers to the
continued implementation in the last two years. IndAS
implementation is at an initial stage in the India market and
therefore we may not qualify to participate in this RFP. Hence,
please consider to revise the clause as below:- OEM product
(software) should have capability in the required areas namely Credit
Risk, Market Risk, Operational Risk, Governance, Risk & Compliance
(GRC) & IndAS (Expected Credit Loss calculation) and all the three
solutions namely Credit Risk, Market Risk, Operational Risk,
Governance, Risk & Compliance (GRC) should have been
implemented for scheduled commercial Bank/AIFI in India and
overseas for an uninterrupted period of two years as on 31.03.2018.
Experience in Co‐operative banks (State Co‐operative Banks, District
Central cooperative banks, Urban Co‐operative banks, RRBs etc.)
shall not be considered for evaluation.
It doesn’t mean last two years as on 31.03.2018. OEM product (software) should
have capability in the required areas namely Credit Risk, Market Risk, Operational
Risk, Governance, Risk & Compliance (GRC) & IndAS (Expected Credit Loss
calculation) and all the first four risk solutions should have been implemented for
scheduled commercial Bank/AIFI in India for an uninterrupted period of two years
as on 31.03.2018. Further, OEM should have the capability to implement/being
implementing IndAS (Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India. Experience in Co‐operative banks (State Co‐operative Banks,
District Central cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not
be considered for evaluation.
10 73 Clause C Point iii The License supplied would be for the enterprise access with no limitation
on number of users, data, asset size, transactions or number of sites across
bank or cores.
As a standard practice for Enterprise Risk Management solution
license, we request bank to provide a number/figure of the banks
asset size based on which we can provide a competitive software
license pricing.
The number of users may be guided by Annexure 30, present datasize given under
Annexure 29 and asset size and number of sites across bank by referring to bank's
website as mentioned in para 7 of the RFP and para 8 (g) (vi)(xix).
The details of financials the Bank is available on the website i.e. www.nabard.org.
11 14 2.3 Bank makes no warranty and shall incur no liability regarding the
accuracy and completeness of this RFP
Boundaries of scope have to be defined properly in order for us to
deliver the services in accordance with the requirement. Any open
scope will necessitate possibility of scope creep and hence additional
efforts which will be an area of concern for both us and the bank
The scope of work is defined in appropriate clauses of the RFP.Bidders are expected
to provided commercial bids for the scope mentined in the RFP.
12 14 2.13 In case, RBI makes changes in existing guidelines or issues fresh
guidelines, the scope of work will automatically cover those matters
and the Bank will not pay any additional costs for such revised
implementation
We expect that any change issued by RBI will be taken up by the
bidder during the implementation and the subsequent AMS period.
So any fresh changes suggested by RBI will be taken up during the
support period unless it invokes change in design, configuration and
hence parameterization completely. Any change post the 5 year
support period will not be considered
This condition is applicable for the project period i.e. 1 year implementation and 5
years support.
13 14 2.14 The Bank expressly stipulates that the selection of bidder under this
RFP is on the understanding that this RFP contains only the principal
provisions for the entire assignment and the services rendered in
accordance with the scope of work defined under this RFP are only a
part of the assignment. Bank will not pay additional costs for the
related services
The bidder will be responsible for design, build, test, deploy and
support of IRMS for the bank. All associated activities in relation to
these objectives will be classified in the form of a RACI matrix with
clear duties designated for bidder and bank. Any duty to be
additionally taken up will be considered out of scope and has to be
then considered additionally at a mutually convenient rate
RACI Matrix under 8(d) and Annexure 17 depicts the roles to be played by the
stakeholders to achieve the objective of the project.
14 48 11.2 No adjustment of the contract price shall be made on account of
variation of costs of labour and materials or any other cost component
affecting the total cost in fulfilling the obligations under the contract.
Escalations are not permitted. Any reduction in prices , duties, taxes, etc.
shall be passed on to the Bank
Please clarify on the escalations piece. For the AMS which is for a
duration of 5 years, can the bank consider variation of cost of labour
accordingly
No
15 55 20.4 Bidder shall, upon termination of this Contract for any reason, or upon
demand by the Bank, whichever is earliest, return any and all
information provided to Bidder by the Bank, including any copies or
reproductions, both hardcopy and electronic
Suggested insertion: Notwithstanding the foregoing, the Bidder may
retain copies of Confidential Information and Materials reasonably
required to be retained in accordance with law, regulation,
professional standards and standard archival processes
Not accepted
16 122 8 Indemnity clause: To indemnify the Bank in case of loss/ compromise
or damage to Bank’s data
We would request the bank to limit the indemnity to a reasonable
value,
preferably to the tune of 1X of the fees at a maximum during the
implementation
phase
Not accepted
17 59 29.2 If there is any delay in the implementation of the project due to bidder
/partner’s fault in complying with time schedule furnished by the bidder
and accepted by the Bank, it will charge 1% on the total project
implementation cost to the bidder for each week of delay as penalty
We would request the bank to completely remove this clause as it is
very difficult to establish the reason for delay in such large projects
Not accepted
18 59 29.2 This penalty will be subject to an upper limit of 10% on the total
project implementation cost. Thereafter the order/contract may be
cancelled and amount paid if any, may be recovered with 1.25%
interest per month
We would request you to remove this clause as payment related to
this project
will be milestone based for bidder and hence any payment will be
done only after proper validation. Any WIP delivery may be scrapped
and unpaid but we would urge the bank to consider removing the
clause for payment reversal for milestones already completed
Not accepted
19 65 36.4 Bank also reserves the right to conduct Reference Site Visits at the bidder’s
client sites
Additionally we would request the bank to conduct the Reference
Site Visits at
the bidder`s client sites at their own expense. Else bidder can
arrange for virtual
site visits especially for overseas references
The expenses for Reference Site Visits at
the bidder`s client sites will be borne by the bank.
20 85 38.c The contract is signed for the entire duration of the project. Successful
bidder shall
indemnify, protect and save the Bank against all claims, losses, costs,
damages, expenses, action, suits and other proceedings, resulting from
infringement of any patent, trademarks, copyrights etc. or such other
statutory infringements under the Copy Rights Act, 1957 or IT Act 2008 or
any Act in force at that time in respect of all the hardware, software and
network equipment or other systems supplied by bidder to the Bank from
whatsoever source
Suggested Clause:
Bidder shall indemnify Bank for all Losses incurred in connection
with Bidder’s breach of third party intellectual property rights in the
Deliverables/ supplies, provided that this indemnity shall not apply
to in the following cases: (a) the modification of Bidder’s
Deliverables/ supplies provided hereunder by any person other than
Bidder or its personnel (b) Bank’s failure to use any modification to
Bidder’s Deliverables/ supplies made available by Bidder where
use of such modification would have avoided the infringement; (c)
information, materials instructions or specifications that are
themselves infringing which are provided by or on behalf of Bank or
which Bank’s
requests or requires Bidder to use; or (d) the use of Bidder’s
Deliverables/ supplies in a manner not agreed to hereunder;
Provided that Bank shall give Bidder written notice of any such
claim and sole control over the defence of any such claim
Not accepted
21 86 38.f The bidder shall not be entitled to make any claim, whatsoever, against
NABARD, under
or by virtue of or arising out of, the Contract/Agreement, nor shall
NABARD entertain or
consider any such claim, if made by the Bidder after he has signed a ‘No
Claim’ Certificate in favour of NABARD in such forms as shall be required
by NABARD after the implementation of risk management software
solution is completed to the satisfaction of the Bank
Suggested Clause: No action, regardless of form, relating to this
Contract or the Services, may be brought by Bidder or the Bank more
than two years after the cause of action has accrued under applicable
law
Not accepted
22 48 12.b Payment Milestones Can NABARD look at changing the payment milestones in relation to
the project
schedule as this involves setting up a team with OEM providing
licenses
The payment terms & milestone are not negotiable. Item 1, 2 & 7 are considered in
the software.
23 50 13.6 The bidder must be in the business of providing/Implementing solutions
for Standardised
Approach for Credit Risk, Market Risk, Operational Risk under BASEL
II/III guidelines,
Governance, Risk & Compliance (GRC) & IndAS (Expected Credit Loss
calculation) for
scheduled commercial banks/AIFIs in India for an uninterrupted period of
two years as on 31.03.2018. Experience in co‐operative banks (State
Co‐operative Banks, District Central cooperative banks, Urban Co‐operative
banks, RRBs etc.) shall not be considered for evaluation.
Requested Suggested Clause: "The bidder must be in the business of
providing/Implementing solutions for Standardised Approach for
Credit Risk, Market Risk, Operational Risk under BASEL II/III
guidelines, Governance, Risk & Compliance (GRC) for scheduled
commercial banks/AIFIs in India and overseas for an uninterrupted
period of two years as on 31.03.2018. Experience in co‐operative
banks (State Co‐operative Banks, District Central cooperative banks,
Urban Co‐operative banks, RRBs etc.) shall not be considered for
evaluation".
SI should have the capability to implement or implementing IndAS (Expected
Credit Loss calculation) for scheduled commercial banks/AIFIs in India.
24 51 13.7 OEM product (software) should have capability in the required areas
namely Credit Risk,
Market Risk, Operational Risk, Governance, Risk & Compliance (GRC) &
IndAS
(Expected Credit Loss calculation) and all the four solutions should have
been
implemented for scheduled commercial Bank/AIFI in India for an
uninterrupted period of two years as on 31.03.2018. Experience in
Co‐operative banks (State Co‐operative Banks, District Central cooperative
banks, Urban Co‐operative banks, RRBs etc.) shall not be considered for
Requested Suggested Clause: OEM product (software) should have
capability in the required areas namely Credit Risk, Market Risk,
Operational Risk, Governance, Risk & Compliance (GRC) & IndAS
(Expected Credit Loss calculation) and all the four solutions should
have been implemented for scheduled commercial Bank/AIFI in
India and overseas for an uninterrupted period of two years as on
31.03.2018. Experience in Co‐operative banks (State Co‐operative
Banks, District Central cooperative banks, Urban Co‐operative banks,
RRBs etc.) shall not be considered for evaluation.
It doesn’t mean last two years as on 31.03.2018. OEM product (software) should
have capability in the required areas namely Credit Risk, Market Risk, Operational
Risk, Governance, Risk & Compliance (GRC) & IndAS (Expected Credit Loss
calculation) and all the first four risk solutions should have been implemented for
scheduled commercial Bank/AIFI in India for an uninterrupted period of two years
as on 31.03.2018. Further, OEM should have the capability to implement/being
implementing IndAS (Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India. Experience in Co‐operative banks (State Co‐operative Banks,
District Central cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not
be considered for evaluation.25 51 13.9 The Bidder should have experience with supply, installation,
customization, integration,
training and maintenance of Integrated Solution in Scheduled Commercial
bank/
financial institution in India.
Requested Suggested Clause: The Bidder should have experience
with supply, installation, customization, integration,
training and maintenance of Integrated Solution in Scheduled
Commercial bank/
financial institution in India and overseas
Not accepted
26 13 2 Pre-bid meeting - 20th August, 2018 Can NABARD look at extending this deadline by at least 1 week ?
Will there be any flexibility towards this?
No.
27 13 3 Last date and time for submission of Bids Can NABARD look at extending this deadline by at least 2 weeks ?
Will there be any flexibility towards this?
No.
28 191 Annexure 31 - 9 -
Operational Risk
Functional Compliance
Capital Computation - Standardized Approach and AMA AMA is planned to be discontinued and not included in the latest
Basel guidelines. Most of the banks have stopped putting efforts and
investment in AMA approach. Request you to relook at this section.
The current approach mandated by BASEL & RBI replacing AMA will be applicable.
29 174 Annexure 31 - 6 Collateral Management Collateral Management is required as an input for the Credit Risk
module only or for maintaining of transactions etc. as well. Since, the
bank already has a CLMS system which maintains and monitors all
collateral related transactions, we request you to limit the scope.
Collateral Management is required as an input for the Credit Risk.Collateral
management would be required as an input to ECL computation as well
30 196 Annexure 31 - iii) Functional Requirement for Business Continuity Management (BCM) Plan Our understanding is that the scope should limit to business impact
analysis, risk assessments, incident management and associated
reports/MIS. Please clarify.
The software should have the functionality of BCM Module.
31 231 Annexure vii) Functional Requirements in Respect IFRS 9 and ECL Calculation Currently, most banks are looking at restricted scope for IFRS9/ECL
calculations to comply with the regulatory guidelines and moreover
all the mentioned requirements in the RFP might not be relevant in
NABARD context. The requirements mentioned in the RFP are
exhaustive and hence requesting to restrict the current scope in the
ECL.
Items No 1.6, 2.9, 2.10, 2.12, 2.13, 2.17, 2.18, 2.19, 2.20, 2.24, 2.27, 2.29, 2.30, 2.32,
2.33, 3 including 3.1, 3.2 & 3.3, 4 including 4.1, 4.2 &4.3 and 5 including 5.1, 5.2 &
5.3 stand deleted.
32 50 Clause 13 Point 6 The bidder must be in the business of providing/Implementing solutions
for Standardised Approach for Credit Risk, Market Risk, Operational Risk
under BASEL II/III guidelines, Governance, Risk & Compliance (GRC) &
IndAS (Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India for an uninterrupted period of two years as on
31.03.2018. Experience in co‐operative banks (State Co‐operative Banks,
District Central cooperative banks, Urban Co‐operative banks, RRBs etc.)
shall not be considered for evaluation.
Since, the IndAS implementation is at an initial stage in the India
market we request to modify the clause as below. "The
bidder must be in the business of providing/Implementing solutions
for Standardised Approach for Credit Risk, Market Risk, Operational
Risk under BASEL II/III guidelines, Governance, Risk & Compliance
(GRC) for scheduled commercial banks/AIFIs in India for an
uninterrupted period of two years as on 31.03.2018. Experience in
co‐operative banks (State Co‐operative Banks, District Central
cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not be
considered for evaluation".
It is clarified that the SI should have the capability to implement/being
implementing IndAS (Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India.
33 51 Clause 13 Point 7 OEM product (software) should have capability in the required areas
namely Credit Risk, Market Risk, Operational Risk, Governance, Risk &
Compliance (GRC) & IndAS (Expected Credit Loss calculation) and all the
four solutions should have been implemented for scheduled commercial
Bank/AIFI in India for an uninterrupted period of two years as on
31.03.2018. Experience in Co‐operative banks (State Co‐operative Banks,
District Central cooperative banks, Urban Co‐operative banks, RRBs etc.)
shall not be considered for evaluation.
Please clarify if uninterrupted period of two years refers to the
continued implementation in the last two years. IndAS
implementation is at an initial stage in the India market and
therefore we may not qualify to participate in this RFP. Hence,
please consider to revise the clause as below:- OEM product
(software) should have capability in the required areas namely Credit
Risk, Market Risk, Operational Risk, Governance, Risk & Compliance
(GRC) & IndAS (Expected Credit Loss calculation) and all the three
solutions namely Credit Risk, Market Risk, Operational Risk,
Governance, Risk & Compliance (GRC) should have been
implemented for scheduled commercial Bank/AIFI in India for an
uninterrupted period of two years as on 31.03.2018. Experience in
Co‐operative banks (State Co‐operative Banks, District Central
cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not be
considered for evaluation.
It doesn’t mean last two years as on 31.03.2018. OEM product (software) should
have capability in the required areas namely Credit Risk, Market Risk, Operational
Risk, Governance, Risk & Compliance (GRC) & IndAS (Expected Credit Loss
calculation) and all the first four risk solutions should have been implemented for
scheduled commercial Bank/AIFI in India for an uninterrupted period of two years
as on 31.03.2018. Further, OEM should have the capability to implement/being
implementing IndAS (Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India. Experience in Co‐operative banks (State Co‐operative Banks,
District Central cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not
be considered for evaluation.
34 73 Clause C Point iii The License supplied would be for the enterprise access with no limitation
on number of users, data, asset size, transactions or number of sites across
bank or cores.
As a standard practice for Enterprise Risk Management solution
license, we request bank to provide a number/figure of the banks
asset size based on which we can provide a competitive software
license pricing.
The number of users may be guided by Annexure 30, present datasize given under
Annexure 29 and asset size and number of sites across bank by referring to bank's
website as mentioned in para 7 of the RFP and para 8 (g) (vi)(xix).
The details of financials the Bank is available on the website i.e. www.nabard.org.
35 80 Hardware utilization Hardware utilization levels should be less than 70% (CPU, Memory, and
Hard Disk).
30% headroom in all HW resources is on little higher side as general
industry standard is 80%. Request to consider 80% to avoid unused
HW resource sitting unused.
This stands deleted
36 80 System Uptime The system should be available to use/ uptime should be 80% with the
expected Service Level
What is time frequency to calculate the 80% uptime for Ex: Weekly,
Monthly etc. Please clarify?
Refer to corrigendum.
37 Dev and Test Environment Request bank to consider to deploy the Dev and test environment
with logical separation on the same set off Servers
Development would be in bidder's environment and only UAT would be in
NABARD environment which would be logically separated from Production
environment38 Dev and Test Environment What percentage of Production Year1 workload needs to consider for
Dev and Test Environment( Generally combine should not exceed
25% of Production Year1). Please clarify
Development would be in bidder's environment. Test Environment would be 50% of
Production Year 1 so as to get near Production feel.
39 45 Sizing The total storage proposed by the bidder shall take into account
incremental growth of the Bank on a minimum, over the next 10 years. The
Bidder may propose an appropriate storage to meet the requirements as
found suitable
How many year of HW estimate required for Production? It is clear in the RFP
40 158 For Helpdesk Sizing, we have to consider the users and concurrent
user details mentioned in Annexure 30 under Credir Risk()users
250, concurrent users-50), Operational and Compliance risk(users
400, concurrent users 80), Market risk(users 25, concurrent users
10)- pls confirm
Yes
41 158 NABARD has present Service Desk for the existing system-pls
confirm
Yes
42 158 Helpdesk requirement in this RFP is only for the L1 Infra
Support(for the Hardware required for this RFP solution) +
Application Support mentioned in this RFP .-pls confirm
Please Refer Annexure 12 Item No. 4. & 5. The Bank requires L1 & L2 onsite and L3
Support remotely. Please refer Section 8.g vii. Point No. 4 for definitions of L1, L2
and L3 Support.
43 47 vii Annual Technical Support (ATS)/Annual Maintenance Contract (AMC)and
Helpdesk
pls confirm Helpdesk is till implementation or till end of 5
years(through out the project)
During the entire project period.
44 47 vii Annual Technical Support (ATS)/Annual Maintenance Contract (AMC)and
Helpdesk
pls confirm the Service Window for HelpDesk Please be guided by the RFP
45 47 vii Annual Technical Support (ATS)/Annual Maintenance Contract (AMC)and
Helpdesk
pls confirm if NABARD is having any present ITSM/ITAM tool Yes
46 47 vii Annual Technical Support (ATS)/Annual Maintenance Contract (AMC)and
Helpdesk
pls confirm how many locations is the spread of potential and
concurrent users(required for factoring of helpdesk)
Please refer Annexure 30 and para 7 of RFP.
47 47 vii Annual Technical Support (ATS)/Annual Maintenance Contract (AMC)and
Helpdesk
pls confirm the requirement is of Centralised/decentralised helpdesk Centralised helpdesk
48 47 vii Annual Technical Support (ATS)/Annual Maintenance Contract (AMC)and
Helpdesk
where will be the location of Helpdesk.pls confirm NABARD requires
onsite/offshore helpdesk facility
It is given in para 8 (g)(vii)
49 page 47 vii Hardware Support pls confirm the complete BOM for which support is required SI is expected to submit as per Annexure 35
50 page 81 # The SI is expected to conduct Hardware sizing based on the information
provided in Annexure-30 for implementing the solution. The hardware has
to be provided by the SI.
pls confirm all Hardware is fresh procurement or apart from this
NABARD is provideing existing hardware sustenance also.pls
confirm on Infra landscape to be supported.
IT landscape is given in Annexure 29 and the hardware will be procured by
NABARD depending on the specifications provided by SI that is required for
supporting the Risk Software
51 page32 DR sustenance is to be done remotely or onsite DR Sustenance to be done by the SI initially for 6 months from onsite and after that
ITSM will take over after proper KT from the SI.
52 page32 pls confirm SLA of Helpdesk It is given in para 8 (g)(vii)
53 page 84 point l The bidder shall provide centralized complaint booking facility to the Bank
and the dash board, if available, shall be provided to the Bank. The method
of booking complaints shall be through E-mail, Toll-free no, on line portal,
web, etc
is NABARD referring to provide them helpdesk tool, if yes then
NABARD requires it as a product /service-pls confirm
No
54 47 Detailed Scope of Work
(Application Support)
NA What are the availability needs of the application support? - 24x7 or
9x6 etc and what would be the support timings of the application
support team?
It is given in para 8 (g)(vii)
55 47 Detailed Scope of Work
(Application Support)
NA Which support model is preferable for application support (Remote,
Onsite, Offshore, Hybrid)?
It is given in para 8 (g)(vii)/Please Refer Annexure 12 Item No. 4. & 5. The Bank
requires L1 & L2 onsite and L3 Support remotely. Please refer Section 8.g vii. Point
No. 4 for definitions of L1, L2 and L3 Support.
56 47 Detailed Scope of Work
(Application Support)
NA What is growth in user volume expected for these applications in
next 5 years and by what percentage?
The number of users may be guided by Annexure 30, present datasize given under
Annexure 29 and asset size and number of sites across bank by referring to bank's
website as mentioned in para 7 of the RFP and para 8 (g) (vi)(xix).
The details of financials the Bank is available on the website i.e. www.nabard.org.
57 47 Detailed Scope of Work
(Application Support)
NA What is the current call logging (ticketing) tool used? Does the call
logging (ticketing) tool have the capability to track SLA and do
alerting?
No ticketing tool.
58 47 Detailed Scope of Work
(Database Support)
NA Kindly share the details of existing databases (version, instances, size
etc.)
Please refer Annexure 29
59 47 Detailed Scope of Work
(Database Support)
NA Are there any investments done on tools for existing Databases and
Infra monitoring?
The required DB licenses and replication tools would have to be brought in by the
bidder. ITSM would monitor the servers and other equipment provided under the
project for maintenance after 6 months and Knowledge Transfer by the SI
60 47 Detailed Scope of Work
(Database Support)
NA a) What are the availability needs of database support? - 24x7 or 9x6
etc and what would be the support timings of the database support
team?
b) What is database support requirement (L1/L2/L3)? Does required
database support also includes support for existing Databases.
It is given in para 8 (g)(vii)
61 47 Detailed Scope of Work
(Database Support)
NA Which support model is preferable for database support (Remote,
Onsite, Offshore, Hybrid)?
It is given in para 8 (g)(vii)/Please Refer Annexure 12 Item No. 4. & 5. The Bank
requires L1 & L2 onsite and L3 Support remotely. Please refer Section 8.g vii. Point
No. 4 for definitions of L1, L2 and L3 Support.
62 47 Detailed Scope of Work
(Database Support)
NA How many database patches gets deployed in production every
week? Is there a standard release deployment mechanism for all
database patches deployed?
Not related to the project
63 47 Detailed Scope of Work
(Database Support)
NA What is the maximum SLA with Database vendors for response &
resolution time for a critical issue?
Refer to corrigendum.
64 47 Detailed Scope of Work
(Database Support)
NA Are there any desupported versions used for OS , DB , MW for any
applications. Are there any plans to upgrade or migrate to a different
version or platform?
Not related to the project
65 47 Detailed Scope of Work
(Database Support)
NA Is the backup policy defined & automated? What are the tools used
for backup activity? Is there any Database security mechanism in
place? Is there a mechanism to captured the DB inventory?
Yes. Backup Policy is defined and automated using the HP Data Protector tool.
There is no separate Database Security Mechanism. Overall protection through
Firewall and WAF / Microsegmentation would be available. There is no separate
mechanism to capture DB inventory except as part of the IT Asset Management
Tool.
66 NA Generic Reporting Is the exiting solution generating the mentioned reports? If yes, do
the new reports needs to be compared with the existing? Kindly
specify.
No
67 NA Generic Data Source System Are all Internal/External Source system for OR/MR/CR identified as
a part of existing system or Gap analysis needs to be done? Pls
specify.
Yes.Please refer to Para 8 g (i)
68 NA Generic Implementation Phase Should both Standardized and Advanced approach implemented in
single phase? Kindly specify.
The implementation is to be done as per RBI's guidelines dated 26 Nov 2016. As
mentioned in RFP, any regualtory changes in the said guidelines are to be
implemented without additional cost. Further, the system should have capability for
implementing Advanced Approaches. However, if any additional guidelines
mandating NABARD to implement Advanced Approaches is given by the Regulator,
the same has to be implemented free of cost as stipulated in the RFP.
69 NA NA Generic The bank needs to provide the logic for RWA and ECL calculation. Yes
70 18 Who can submit the bid?
Point-f
One bidder in the capacity of SI can partner with multiple OEMs (for
separate modules such as credit risk, market risk, operational risk,
compliance risk, IFRS 9 and ECL calculation) to provide EWIRM Solution
through this bid.
Kindly specify the number restriction w.r.t OEMs/Vendors. It is clear in the RFP as per para 4 (f)
71 18 Point-h All the new software release/version / upgrades or otherwise for any reason
should be made available to the Bank and the Bank is not liable to pay /
oblige SI or any OEM any additional charges / fees pertaining to third party
royalty charges etc. And also this should not be the reason to restrict the
Bank from upgrading to the new release / new version of the software. The
same will be provided during the entire duration of the contract.
This needs to be specified per Risk suite. It is clear in the RFP as per para 4 (h)
72 18 Point-k The SI must not change the OEM once the bidding process is completed or
at any stage for the duration of the contract.
Clarification Sought. In case a software doesn't provide the desired
output, the same needs to be discussed with bank and further course
of action to be jointly defined. (Bank and SI needs to take a joint call)
Please refer to para 8 © (25)
73 31
c) Responsibilities of
Bidder
Point-c
c. Supporting all the required statistical, analytical, risk modelling, pricing
and reporting requirements as per Bank’s internal requirements.
The bank is suppose to provide number of Credit Risk, Market Risk
and Operation Risk PD, LGD, EAD models and reports which are
expected to be delivered. The same is required to factor-in time and
efforts in RLS. Any model above and beyond the standard list of
Models / Reports (provided in Annexure # 31) are to be billed
separately.
Also, the bank needs to provide product specific excel based models
as a baseline for deployment.
The funcational requirements are given in Annecure 31 and item 8 (b) of Annexure
12 mentions cost for creation of additional/adhoc reports over and above already
indicated in the RFP for 200 reports.
74 32 Responsibilities of
Bidder
The bidder is required to implement the solution in all Head offices
departments, all Regional offices and Training Establishments of the Bank.
Is it going to be branch level implementation? The Bank does not have Branches. Please refer to our website www.nabard.org for
details of Regional Offices & Training Establishments.
75 32 Responsibilities of
Bidder
Provide a resource for a period of 6 months to input/upload the Bank's
data including the data uploading from the physical records.
Approximately, how many years of data is required to upload? At present, scope of work is for 6 months as per para 8 © 17. All the data available
at the point of time.
76 33 Responsibilities of
Bidder
Point-23
Provide all statutory, regulatory Management Information System (MIS),
adhoc MIS (including development if needed) and Executive Information
System (EIS) reports as required by the Bank in the desired format as per
regulatory and Bank’s requirements.
The bank needs to provide a tentative number of reports/MISes
which are expected to be executed. Any report above and beyond the
standard list (provided in Annexure # 31) are to be billed separately.
The funcational requirements are given in Annecure 31 and item 8 (b) of Annexure
12 mentions cost for creation of additional/adhoc reports over and above already
indicated in the RFP for 200 reports.
77 33 Responsibilities of
Bidder
Point-27
Bidder should install & configure various components of the complete
solution. The bidder shall interface the proposed solution with external
systems in the Bank including Bloomberg, Reuters, FIMMDA, AMFI for
Market Risk, External Rating agencies and RBI Statistics, handbook on
Indian Economy for Credit Risk, IBA for Operational Risk or any other
system prescribed by the Regulator or proposed to be used by the Bank in
future.
How the same would be billed? Is it on the Bank or the SI who needs
to pay the subscription charges?
Bank subscribes to certain services as per its ongoing requirements.
78 35 Responsibilities of
Bidder
Point-39
The source data before being used in the Risk Management System should
undergo review and validation. Bidder should be responsible for migration
audit designing and implementing the data quality checks and validation by
third party. Bidder needs to provide data quality documentation and seek
sign off from the Bank for data quality checks and the results of the
validation.
Will this be 3rd party or OEM needs to provide a sign-off?
In case the 3rd party is other than the OEM, in that case it would be
whose responsibility to identify the 3rd party?
NABARD will identify third party
79 35 Responsibilities of
Bidder
Point-40
The vendor should help bank to get PAD, EAD and LGD for each pool
based on the INDAS 109 validated through independent third parties.
Will this be 3rd party or OEM needs to provide a sign-off?
In case the 3rd party is other than the OEM, in that case it would be
whose responsibility to identify the 3rd party?
Would this check be on sample basis or the 3rd party is expected to
check each of these models and post their confirmation, the same
would eb deployed in system?
NABARD will identify third party
80 36 Broad level overview
Point-6
Building of reports and dashboards to meet internal and regulatory
reporting requirements
The bank's designated SPOC needs to provide guidance and
periodically monitor the proceedings. The bank and SI needs to be
jointly responsible for this activity.
Agreed
81 36 Broad level overview
Point-13
Impart training to designated personnel of NABARD on Risk system
functional area
Joint responsibility of the SI and OEM. SI to provide as a deliverable
82 37 Broad level overview
Point-14
Impart training to designated personnel of NABARD DIT on Risk system
technical area
Joint responsibility of the SI and OEM. SI to provide as a deliverable
83 40 Parameterization,
Configuration and
Customization of
Software
Point-iii
The cost of all customizations is required to be included in the Commercial
Bid and the Bank will not make any additional costs for this throughout the
term of the contract if the same has been specified as a requirement of the
Bank in this RFP. Thus, this is a fixed bid and all necessary customizations
based on the functional requirements specified in the RFP will need to be
conducted by the Bidder.
Clarification needed. This will be as per RFP terms
84 44 Implementation
Point - viii
viii. At present, the Bank has various solutions running on both on
Windows and Linux/AIX/UNIX platforms with ORACLE and MS SQL
Server databases. The solution provided shall be capable to interface with
these databases directly. Ultimately, the EWIRM Risk Solutions shall be
linked to Enterprise Data Warehouse (as and when operational).
Tentative go-live date for EDW. Cannot be informed at this stage.
85 48 11. Pricing NABARD may give orders for additional items/services at the same price
anytime within the contracted period.
This must happen during BRD discussion. Any major changes must
be taken as a Change Request.
As mentioned in item no 8(a) of Annexure 12, customisation cost for 1000 mandays
has to be submitted by the bidders covering the entire project period. Change
request will be charged acordingly.
86 79 m. SLA for Hardware &
Software
Availability of Business Infrastructure (Core Application Servers, Core
Database Servers, Storage, and related components etc.) in DC and DRC
The Core Infra needs to be provided by the Bank. Why this falls
under SLA?
Please ignore SLA for hardware.
87 158 Annexure-30, Point-2 The system should be able to maintain at least 20 models as covered in the
functional requirements for CR in section above (Section 8 of this RFP)
Clarification needed. The bank needs to share portfolio-wise list of
models which are supposed to be delivered.
It will be shared with the successful bidder
88 167 Corporate, Sovereign and
Bank Asset Class Models
(Non-Retail Rating
Models)
The system should be able to capture and receive the required data (Data
entry, File uploads, direct transfers, batch processes, etc.)
Please provide all the data loading processes . It will be shared with the successful bidder
89 167 Corporate, Sovereign and
Bank Asset Class Models
(Non-Retail Rating
Models)
various source systems like Core Banking Solutions, Internal Rating models
in various formats (viz. .txt, .XBRL, .CSV, .XML, excel, PDF etc.)
Please provide all the formats the solution is expected to read data
from?
It will be shared with the successful bidder
90 169 Expected Credit Loss
(ECL) Computation
Expected Credit Loss (ECL) Computation The Bank is expected to provide the logic to classify accounts in Stage-
1/2/3 for ECL calculation and computing Through-the-cycle PD and
Point-in-time PD.
It will be shared with the successful bidder
91 171 4.24 The system should be capable to convert a PIT PD to TTC PD and vice
versa.
Clarification needed. Refer to RFP
92 180 Credit Risk based Pricing The system should be able to compute RAROC and for each facility on an
ex-post basis. The RAROC should also be computed for each user defined
portfolio. (For example, Corporate Portfolio, Rating grade, etc.)
Please specify all the portfolio for RAROC computation. It will be shared with the successful bidder
93 232 1.4 Ability to integrate with existing credit risk models: The solution is able to
incorporate into any development environment, the credit risk models
currently employed by the Bank.
Pls provide the existing list of Credit Risk models. It will be shared with the successful bidder
94 Generic Early Warning Signals EWS can't be clubbed with Credit Risk mgmt and it would be
considered as a stand-alone solution.
The bidder may outline the same as part of the proposal.
95 45 vi. Implementation (xiii) The Bidder has to ensure that vulnerabilities at application level in case of
any breach shall be handled by the offered application software.
Whether client is expecting bidder need to perform Vulnerability
Assessment and Penetration for Infra and Application in scope for
this opportunity.
VAPT will be done by NABARD. Action on findings to be attended by SI.
96 45 vi. Implementation (xiii) The Bidder has to ensure that vulnerabilities at application level in case of
any breach shall be handled by the offered application software.
Please provide the frequency of Scan or is just a one time activity. VAPT will be done by NABARD. Action on findings to be attended by SI.
97 45 vi. Implementation (xiii) However the desired rules of the Firewall and Network Security should be
specified by the bidder.
The bidder will inform bank to configure the required policy/open
the desired ports on Firewall.While the required chnages will be
client responsibility
Agreed
98 45 vi. Implementation (xiii) Web Application Firewall Whether client is expecting bidder to proposed any Web Application
Firewall for securing the proposed public facing servers from
OWASP top 10 attacks.
NABARD would provide the WAF on premise or Cloud service
99 General Please provide the compliances, IT Regulatory Act, polices and
procedures that bidder need to adhere for this project.
It will be shared with the successful bidder
100 General Please let us know what are the additional security measures that
bidder need to provisioned for this project.
It will be shared with the successful bidder
101 48 12 Payment terms are mentioned for Implementation , training and Support Please provide the payment terms for software licences. As per Annexure 12
102 68 6 - Past Exp OEM solution has been Implemented by SI for Advanced approach for
Credit Risk in Scheduled Commercial Banks/AIFI in India
Request to modify - OEM solution has been Implemented or
under implementation by SI / OEM for Advanced approach for
Credit Risk in Scheduled Commercial Banks/AIFI in India
No changes in eligibility criteria is allowed.
103 68 6 - Past Exp OEM solution has been Implemented using IMA for Market Risk in
Scheduled Commercial Banks/AIFI in India
Request to Modify - OEM solution has been Implemented or
under implementation by SI / OEM using IMA for Market Risk
in Scheduled Commercial Banks/AIFI in India
No changes in eligibility criteria is allowed.
104 69 6 - Past Exp OEM solution has been Implemented using Advanced Approach for
Operational Risk and Governance Risk & Compliance System in Scheduled
Commercial Banks/AIFI in India
Request to modify - OEM solution has been Implemented or
under implementation by SI / OEM using Advanced Approach
for Operational Risk and Governance Risk & Compliance System in
Scheduled Commercial Banks/AIFI in India
No changes in eligibility criteria is allowed.
105 70 6 - Past Exp OEM solution is being/ has been Implemented by SI for Advanced
approach for IndAS and Expected Credit Loss calculation in Scheduled
Commercial Banks/AIFI in India
Request to Modify - OEM solution is being / has been Implemented
by SI / OEM for Advanced approach for IndAS and Expected Credit
Loss calculation in Scheduled Commercial Banks/AIFI in India
No changes in eligibility criteria is allowed.
106 50 13 - Eligibility Criteria The Bidder should own the intellectual property rights of the product /
solution or should have rights from the owner for deployment/ resale/
customization of software from OEM or any other third party, whose
software products are offered.
Self-Declaration from the Bidder and an authorization letter from
manufacturer to this effect should be furnished giving mandate to
participate in this RFP. Self-declaration should also specify that the bidder
would be solely responsible for designing, procuring
and delivering the entire solution
Request to Modify - Self-Declaration from the Bidder and an
authorization letter from manufacturer to this effect should be
furnished giving mandate to participate in this RFP. Self-declaration
should also specify that the bidder would be solely responsible for
designing, procuring
and delivering the entire solution except for hardware, network
& security.
No changes in eligibility criteria is allowed.
107 34 Responsibilities of
Bidder
Data migration should be done by the bidder from the existing data
(available in various source systems, physical files, through workaround) to
the new system with consistency.
What are the systems from where data needs to be migrated? Has
data to be digitized also from physical files? Need the volume of data
to be migrated along with the formats of data.
IT landscape and datasize is given in Annexure 29. Yes the data to be digitised from
physical files. Volume & format of data depends on the gap analysis.
108 35 Responsibilities of
Bidder
The source data before being used in the Risk Management System should
undergo review and validation.
What all validations and data qulaity checks needs to eb done on the
source data? Need some information on this
As per the best practices
109 32 Responsibilities of
Bidder
Ensure that software solution being supplied should be capable to get
integrated with a Data Ware housing solution; the Bank may go for in
future. It needs to have standard interfacing capabilities
Our understanding is that there is no DWH currently. The bank may
build DWH in future. Will this be in parallel to this implementation?
It will also eb good to understand the objective of the DWH
At present there is no datawarehouse.
110 45 vi. Implementation The Bidder should specify the hardware requirement taking into
consideration the efficiency level, response time, data processing
requirement, number of users, and all other parameters to ensure that the
efficiency of software system is not affected because of hardware. Bidder
should provide details for DR site such as network and security 46
requirements, switches, routers etc. (Please refer to clause 38 (a) of this
RFP)
Point 24 from page 15 contradict these two points,(NABARD would
provision the required servers in the form of VMs in its hardware
(Hyper Converged Infrastructure- HCI) and make available to the
ERMS Vendor for installation of required software including the OS.
The vendor shall clearly demarcate the environments into
Production, Development and Testing.)
Also there is no mentioned about hardware in clasue 38 (a) of this
RFP. Please clarify
NABARD will procure the hardware as given in point 2 (24) and the SI is expected
to specify the hardware requirements as mentioned in para 8 (vi) (xv) & (xvi)
111 81 # The SI is expected to conduct Hardware sizing based on the information
provided in Annexure-30 for implementing the solution. The hardware has
to be provided by the SI.
Please confirm is the SI is required to supply Hardware. NABARD will procure the hardware as given in point 2 (24) and the SI is expected
to specify the hardware requirements as mentioned in para 8 (vi) (xv) & (xvi)
112 16 25. MS SQL Server and Oracle Database are the preferred database for
NABARD. It is possible that the database license could be based on the
number of cores/ processors in the system. If the license is processer / core
based, NABARD would provision separate hardware (outside the HCI) and
provision the same for installation of database. Therefore, vendor should
indicate the server capacity requirements accordingly and also indicate the
number of licenses required.
This again points that customer will provide the required infra.
Please confirm the same.
NABARD will procure the hardware as given in point 2 (24) and the SI is expected
to specify the hardware requirements as mentioned in para 8 (vi) (xv) & (xvi)
113 45 xv. A complete specifications for the hardware required for the successful
operation of the Solution should also be provided by the Bidder, with full
particulars like make, model, part numbers, proposed configuration,
including all details like memory type proposed with future expandability,
processor type, number of processors, processor speed, bus speed, etc. and
clearly show no single point of failure as per Annexure 35 of this RFP.
(Please refer to clause 38 (a) of this RFP)
Annexure 35 of the RFP only required the bidders to provide detals
like name of the server, number of cores, RAM & storage. Where as
the clause here on page 45 states to provide all details like make
model, part numbers etc.
Please confirm what all information is exactly required by the bank
from bidders with respect to hardware sizing.
All information as mentioned in 8 (vi) (xv) and Annexure 35 is to be furnised.
114 A complete specifications for the hardware required for the successful
operation of the Solution should also be provided by the Bidder, with full
particulars like make, model, part numbers, proposed configuration,
including all details like memory type proposed with future expandability,
processor type, number of processors, processor speed, bus speed, etc. and
clearly show no single point of failure as per Annexure 35 of this RFP.
(Please refer to clause 38 (a) of this RFP)
Bidder will not be responsible if anything goes wrong with the
recomended hardware as it will be banks decisoon to procude and
instal and implement the hardware recommended by the bidder.
Please confirm
NABARD will procure the hardware as given in point 2 (24) and the SI is expected
to specify the hardware requirements as mentioned in para 8 (vi) (xvi) and the
sizing has to be done as per Annexure 35 by SI.
115 15 Note (13) Any change made by RBI/GOI in the existing guidelines or issue of fresh
guidelines on these matters shall automatically enlarge the scope of work
specified under this RFP and the duties of selected bidder shall deemed to
be discharged only when the Bank complies with the revised guidelines
issued on this matter. There will be no cost escalation on account of this
and the bidder shall complete the project as per the revised scope of work
A fixed cost application implementation has defined cycle as per
which requirements known till BRD discussion are developed and
tested. Any change thereafter should be taken up as per defined
change request. As bank is not in a position to define future changes
at this point of time, so is bidder. Meeting a change may also call for
software upgrade which OEM releases as per its own cycle to which
bidder cannot guarantee at this point in time. Bank may take man
day rates from bidders to be used to implement changes.
Alternatively, bank may ask to factor in fixed no. of days for changes
up to which changes will not call for additional cost. This ensures all
bidders bid for requirements known as of now and there is level
playing field for all
As mentioned in item no 8(a) of Annexure 12, customisation cost for 1000 man-
days has to be submitted by the bidders covering the entire project period. Change
request will be charged accordingly.This condition is applicable for the project
period i.e 1 year implementation and 5 years support.
116 15 Note (20) bidder will, by responding to the Bank’s RFP document, be deemed to have
accepted the terms as stated in this RFP document
We request to allow us to submit deviations which can be discussed
and agreed mutually
Deviations may be submitted as per Annexure 24.
117 15 Note (23) NABARD would provide the required hardware in its DC for hosting the
ERMS software
Please clarify if we only need to suggest HW sizing, bank will make
HW available
Yes
118 16 Note (25) MS SQL Server and Oracle Database are the preferred database for
NABARD
Please clarify if bank has any enterprise agreement on these DB
licenses which can be leveraged for new solution
No
119 16 Note (30) All software’s proposed in the solution shall be compatible with the
hardware set up of NABARD
Please provide complete detail of all existing hardware set up which
can be used to assess solution fitment
Existing hardware cannot be leveraged for this hardware.The exisiting IT set up
details are already shared in Annexure 29. The bidder can specifiy the hardware
requirements in its bid. The software provided should be compatible on a 120 50 13 (6) bidder must be in the business of India for an uninterrupted period of two
years as on 31.03.2018providing/Implementing solutions for Standardised
Approach for Credit Risk, Market Risk, Operational Risk under BASEL
II/III guidelines, Governance, Risk & Compliance (GRC) & IndAS
(Expected Credit Loss calculation) for scheduled commercial banks/AIFIs
in India for an uninterrupted period of two years as on 31.03.2018
We request that bidder implementation exp. on risk management in
banks in India in general be accepted. IND AS is a new requirement
on which hardly any bidder would have credentials as of now.
Technical evaluation criteria given on pg 68 too is on OEM solution
implementation to facilitate wider participation of bidders who can
assure to deliver with their own+partner eco system incl. OEMs
It is clarified that the SI should have the capability to implement or implementing
IndAS (Expected Credit Loss calculation) for scheduled commercial banks/AIFIs in
India.
121 51 13 (7) OEM product (software) should have capability in the required areas
namely Credit Risk, Market Risk, Operational Risk, Governance, Risk &
Compliance (GRC) & IndAS (Expected Credit Loss calculation) and all the
four solutions should have been implemented for scheduled commercial
Bank/AIFI in India for an uninterrupted period of two years as on
IndAS being new requirement, perhaps no OEM solution will have 2
year implementation history in India. Please delete IndAS from this
clause
It doesn’t mean last two years as on 31.03.2018. OEM product (software) should
have capability in the required areas namely Credit Risk, Market Risk, Operational
Risk, Governance, Risk & Compliance (GRC) & IndAS (Expected Credit Loss
calculation) and all the first four risk solutions should have been implemented for
scheduled commercial Bank/AIFI in India for an uninterrupted period of two years 122 51 13 (9) Bidder should have experience with supply, installation, customization,
integration, training and maintenance of Integrated Solution in Scheduled
Commercial bank/ financial institution in India
Please clarify if Integrated solution means analytical applications
integrated with core transaction systems and among modules, e.g.
DW
Yes
123 28 7.a Treasury and Asset Liability Management Solution (TALMS) package
implementation is under way
No query/clarification sought.
124 31 8.c.4 Supporting estimation of all risk components and capital calculations
(regulatory & economic) as per the guidelines issued by RBI and Basel
under BASEL I and the Standardized and advanced approaches of Basel II
& III norms
Please clarify if advanced approaches of CR-MR-OR need to be
implemented as part of present scope or only SW solution compliant
to advanced approaches to be provided. As NABARD is presently
mandated to do only Basel 1 capital assessment, is present
implementation to be only on Basel 1 though SW will have capability
to move to advanced approaches when needed by bank as separate
implementation
As of now, NABARD is governed by BASEL I regulatory requirements. However, it
looks forward for meeting BASEL III norms as per RBI communication to AIFI
dated 28 Nov 2016. Accordingly, software solution to be compliant to advanced
approaches.
125 32 8.c.9 bidder is required to Implement the solution in all Head Office
departments, all Regional Offices and Training Establishments of the Bank
CR-MR-OR-Compliance implementation is centralised. Using web
applications, users can access from other locations. Please validate
that only operational risk and compliance solution may have to be
accessed by regional offices etc.
The access for necessary modules under Credit Risk, Operational Risk, Market
Risk, Compliance Risk, BCM Module,may be given to concerned HO Departments,
ROs, TEs as per requirement.
126 32 8.c.15 Ensure that software solution being supplied should be capable to get
integrated with a Data Ware housing solution; the Bank may go for in
future. It needs to have standard interfacing capabilities
Interfaces with DW in future can be developed as per CR. Present
implementation will have integrations with input systems existing in
bank at start of implementation
It will be part of change request and will be paid as per the man-day cost mentioned
in Annexure 12
127 33 8.c.17 Provide a resource for a period of 6 months to input/ upload the Bank’s
data including the data uploading from the physical records
Please clarify that data in digital forms will be made available by
bank in defined templates to be uploaded to ERM database
It is as clarified in para 8 © (17). The Bank's data may be in digital or physical
records. All such data shall be uploaded by the resource in the defined template in
ERM database128 33 8.c.20 Incorporate changes in system arising on impact of amendment to
regulations/ Bank’s policy at no additional cost and well within timelines
stipulated by the regulator
We suggest that requirements given by bank till BRD discussion be
part of present implementation as activities subsequent to BRD have
dependence on requirements clarity. Changes can be taken up as per
agreed CR on cost and timelines. It also ensures comparison of bids
based on scope known in RFP
As mentioned in item no 8(a) of Annexure 12, customisation cost for 1000 man-
days has to be submitted by the bidders covering the entire project period. Change
request will be charged accordingly. This condition is applicable for the project
period i.e. 1 year implementation and 5 years support.
129 38 8.f Installation, customization, configuration and maintenance of the software
required for an Enterprise Wide Integrated Risk Management (EWIRM)
Solution to achieve compliance with Basel-I/Basel- II/Basel- III norms and
IndAS guidelines
Please clarify IndAS scope is only on calculation of ECL and other
IFRS9 guidelines. Balance sheet related scope is outside of this scope
as same is to be met by GL system
Yes
130 38 8.g ATS/AMC/Helpdesk services will be for a period of 5 years after completion
of warranty period
SW does not have warranty and has ATS which starts with
installation of SW. Please clarify if total project period is 5 years from
the date of execution of contract which includes implementation and
post implementation ATS/AMC/support
The term ‘Project period/duration of project/tenure of project’ used in this RFP is of
six years which includes Implementation period of 1 year and AMC/ATS for a
period of five years after GO Live.
131 69 Bidder evaluation
scoring
Site References and Team Strength We request to cap max. score to this parameter as 100 (divided as 50,
50 between site references and team strength). Balance 80 marks
may be assigned to Technical requirements or Presentations
Not accepted
132 53 & 133 Point 3 of Bid Form -
Annexure 19
(3) AND WHEREAS it is one of the condition of the said tender that the
Tenderer shall deposit with the NABARD at the time of submitting the
tender a sum of `.-------- /- (Rupees ------------------------------------------------
--------------only) as and by way of Bid Security (BS), which Bid Security
(BS) shall not bear any interest and which shall be liable for forfeiture in
the event of the Tenderer, after acceptance of his tender by NABARD,
failing to observe any of the terms and conditions of the tender or the
Tenderer not supplying the said software to the satisfaction of NABARD
Bid security can only be forfeited if, Bidder misrepresents/provides
wrong information (or) withdraws its proposal before proposal
validity period. But, not for failure of Bidder to accept any order in
time (or) for not delivering SW in time for which the Bank has got
PBG. Hence, recommend deletion of obligations which are actually of
post bidding in nature.
Agreed. As per para18 of the RFP and also para 5.2 of Annexure 20 (Pre-contract
Integrity Pact),The Earnest Money Deposit of the successful Vendor/Bidder shall be
released on receipt of the Performance Bank Guarantee.
133 134 -135 Point 4 of Bid Form -
Annexure 19
Entire point 4 of Annexure 19 talks about liquidating Bid Security without
confirmation of Bidder and at the sole discretion of NABARD. Bid security
will be valid for 6 months ever after expiry period.
Bidder recommend any forfeiting of Bid Security shall be restricted
for non compliance to RFP T&C's (or) for premature withdrawal of
proposal.
NABARD shall approach Bank with original copy of documents
about Bidder's premature withdrawal of proposal (or) copy of written
refusal of Bidder to execute the contract with modified clauses
suggested by Bidder at the time of tender submission and thereafter
agreed by NABARD.
The suggestion is not acceptable.
134 141 point 8 of Annexure 20:
Pre Contract Integrity
Pact
The BIDDER undertakes that it has not supplied/s not supplying similar
product/systems or sub systems at a price lower than that offered in the
present bid in respect of any other Ministry/Department of the
Government of India or PSU and it is found at any stage that similar
product/systems or sub systems was supplied by the BIDDER to any other
Ministry/Department of the Government of India or a PSU at a lower price,
then that very price, with due allowance for elapsed time, will be applicable
to the present case and the difference in the cost would be refunded by the
BIDDER to the BUYER, if the contract has already been concluded.
This is a kind of condition that compel Bidders to reduce the price in
comparison with the low price that it would quote / would have
quoted to other similarly placed customers. But this cannot be
considered as fair trade practice. Bidder being service provider would
quote different rates for different customers based on that particular
customers requirement which will definitely vary with the
requirements of NABARD. Even, if the scenario is one and the same
still, the price that was quoted for all previous customers would be
less than the quote that we will quote today for NABARD due to
escalation in consumer price index. Hence, we cannot compare
prices that we have quoted to customers in the past with that of the
price that we would quote for NABARD. This is a pure sign of unfair
trade practice and making it part of Integrity pact is not
recommended. Hence, request for deletion of this condition.
The suggestion is not acceptable. The Proforma is prescribed by CVC, GOI.
135 147 Annexure 24 - Terms
and Conditions
Compliance table
The Offer must specify the unconditional willingness to abide by the Terms
and Conditions of the Tender. The Terms and Conditions specified
elsewhere in the Tender should be complied along with the compliance /
conformity / willingness to offer as per the terms of the Tender towards
requirements of the Bank as under:
Is the Bidder only allowed to propose its preferred positions with
regard to the clauses that were referred / listed in the Annexure 24
(or) can it also propose changes to the terms and conditions of the
RFP in the format provided in Annexure 24 ?
No changes are permitted.
136 27 7 (b) Risk Management Set-up in NABARD Please clarify which solutions are in place as of now on credit risk,
market risk, ops risk, compliance risk
The risk management set up is mentioned in para 7 (b). Further, the Bank does not
have any existing software solutions for CR, MR, OR and Complaince.
137 31 8 c Supporting all the required statistical, analytical, risk modelling, pricing
and reporting requirements as per Bank’s internal requirements
Please clarify how many total reports and analytical models would be
developed as scope
As specified in the Functional Requirements i.e. Annexure 31
138 31 8 c Supporting all the required statistical, analytical, risk modelling, pricing
and reporting requirements as per Bank’s internal requirements
Please validate that advanced analytical models design will be given
by bank. Those will be hosted by implementation team in new
solution
Yes
139 35 8 c (39) Bidder should be responsible for migration audit designing and
implementing the data quality checks and validation by third party
We suggest Bank to please engage third part for migration audit
which will also help avoid conflict of interest
NABARD will identify third party
140 35 8 c (40) vendor should help bank to get PAD, EAD and LGD for each pool based on
the INDAS 109 validated through independent third parties
We suggest Bank to please engage third part for validation which will
also help avoid conflict of interest
Validation as required will be carried out. NABARD will identify third party
141 General Please clarify if bank has a preference for any database, ETL,
reporting tool etc. which may be due to existing license etc.
No
142 58 28 contract will be for a period of six years which includes Implementation
period of 1 year and AMC/ATS for a period of five years
Please clarify timeline for completion of implementation. Sec 37 n
mentions max. go live time as 9 months. This scale and complexity
project needs min 15 months to go live in phases. Some solution can
go live in 9 months, others in 12 an final in 15 months. There is also
inter-module dependency for ICAAP, ECL
The Implementation period is 12 months from the date of acceptance of purchase
order.
143 55 22 -
Indemnification(bullet
point 2)
The Bidder shall indemnify, protect and save NABARD and hold NABARD
harmless from and against all claims, losses, costs, damages, expenses,
action suits and other proceedings, (including reasonable attorney fees),
relating to or resulting directly or indirectly from (i) an act or omission of
the Bidder, its employees, its agents, or employees of the partner’s in the
performance of the services provided in pursuance of this RFP (ii) breach of
any of the terms of this RFP or breach of any representation or warranty by
the Bidder, (iii) use of the deliverables and or services provided by the
Bidder, (iv) infringement of any patent, trademarks, copyrights etc. or such
other statutory infringements in respect of all components provided to fulfil
Bidder can only agree for indemnity with regard to third party claims
that too for breach of third party IP rights and any loss to life and
death that would have caused to any third party due negligence acts
of Bidder. Hence, Bidder recommends deletion of indemnity for
breach of contract and for mere acts and omissions. Any inter party
claims can be addressed under limitation of liability clause.
Not accepted
144 56 22 -
Indemnification(bullet
points 3, 4 & 5)
The Bidder shall further indemnify NABARD against any loss or damage to
NABARD’s premises or property, data, loss of life, etc., due to the acts of
the Bidder’s employees or representatives.
The Bidder shall further indemnify NABARD against any loss or damage
arising out of loss of data, claims of infringement of third party copyright,
patents, or other intellectual property, and third-party claims on NABARD
for malfunctioning of the equipment or software or deliverables at all
points of time, provided however, (i) NABARD notifies the bidder in writing
in a reasonable time frame on being aware of such claim, (ii) the Bidder has
sole control of defence and all related settlement negotiations, (iii)
NABARD provides the Bidder with the assistance, information and
authority reasonably necessary to perform the above, and (iv) NABARD
Bidder recommends indemnity obligation only for third party claims
that too for breach of third party IP rights. Remaining claims will get
addressed under liability clause. Especially any party claims will be
addressed under Limitation of liability clause. Hence, request for
deletion of referring indemnity for data loss.
Bidder can provide indemnity for breach of third party IP rights only
when, Bank uses the Services as per the instruction, guidelines and
as per the terms agreed under the agreement. It should not use the
Services in conjunction with any third party product (or) against the
instructions of Bidder where, breach would have been avoided if
Bank uses Services as per the guidelines of Bidder.
Not accepted
145 56 23 (PBG) The successful bidder shall submit a Performance Guarantee issued by a
Scheduled Commercial Bank in favour of NABARD as per the format given
in Annexure-16 for 10 % value of the contract in Indian Rupees along with
the letter of acceptance of the assignment.
The Bidder shall furnish to the Bank, the Performance Guarantee within 30
days from the date of signing of contract. The Performance Guarantee
should be valid for the entire project period. The term ‘Project
period/duration of project/tenure of project’ used in this RFP is of six years
which includes Implementation period of 1 year and AMC/ATS for a period
of five years.
The proceeds of the performance Guarantee shall be payable to the Bank as
compensation for any loss resulting from the Bidder’s failure to complete
its obligations under the Contract. The Performance Guarantee shall be
denominated in Indian Rupees and shall be by way of Bank Guarantee
issued by a Private Sector/ Public Sector Banks in India (other than
Bidder recommends PBG equal to 5% of contract value with a
validity equal to actual contract duration. Bidder to be given cure
period before Bank can actually invoke PBG. Bank to liquidate PBG
only for material breach on the part of Bidder which is not cured
during cure period of 30 days. Any extension of PBG due to
extension of contract term shall be subject to confirmation of Bidder
too.
Not accepted
146 57 24 The material ( software etc.) supplied under the RFP shall be fully insured
by the successful Bidder against loss or damage incidental to manufacture
or acquisition, transportation, storage, delivery and installation. The
insurance shall be obtained by the Bidder naming NABARD as the
beneficiary, for an amount Equal to 100% of the invoiced value of the goods
on “all risks" basis. The period of insurance shall be up to the date the
supplied components are accepted and the all rights of the property are
transferred to the Bank in the Bank’s premises.
Bidder will have enterprise level insurance packages in place, which
will be availed for its business requirements. It cannot name Bank as
a beneficiary but, will ensure to have all the necessary insurances in
place that would require as per laws of the land. Hence, request for
deletion of naming Bank as beneficiary.
Not accepted
147 58 29 The Successful Bidder must strictly adhere to the time schedule, as
specified in the Contract, executed between the Bank and the bidder,
pursuant hereto, for performance of the obligations arising out of the
contract and any delay will enable the Bank to resort to any or all of the
following at sole discretion of the Bank.
(a) Penalty;
(b) Termination of the agreement fully or partly
/partner’s fault in complying with time schedule furnished by the bidder
and accepted by the Bank, it will charge 1% on the total project
implementation cost to the bidder for each week of delay as penalty. Project
Implementation cost in this context refers to total expenditure expected to
be incurred by the bank for procurement, design and implementation of
software solutions required to lay down Enterprise-wide Integrated Risk
Management Architecture in accordance with the International Best
Practices and Guidelines of RBI/BCBS on Basel II, Basel- III. The cost does
not include Cost of Hardware procured for the implementation. This
penalty will be subject to an upper limit of 10% on the total project
implementation cost. Thereafter the order/contract may be cancelled and
amount paid if any, may be recovered with 1.25% interest per month. Any
deviations from the norms would be treated as breach of the contract by the
bidder and will be dealt with accordingly. The delay will be measured with
Bidder recommends Penalty for any delay that can be solely
attributable to Bidder to be calculated @ 0.5% of delayed deliverable
per week (instead of calculating on total implementation cost) up to a
cap of 3% of delayed deliverable that is deliver late. Bidder to be
given cure period of 30 days before Bank can actually start imposing
penalties. Penalties to be restricted for Bidders failure to achieve
critical mile stones.
Not accepted
148 59 30-Confidentialtiy
information between the Bank and Vendor/Bidder. Any such information
shall not be passed on in part or in full to any third party without the
Bank’s prior written approval.
the Contract shall be in writing and shall be hand-delivered with
acknowledgment thereof, or transmitted by prepaid registered post or by
recognized courier, or by facsimile, provided that where such notice is sent
by facsimile, a confirmation copy shall be sent by pre-paid registered post
or by recognized courier within five days of the transmission by facsimile,
to the address of the receiving party by the other in writing, provided any
change of address has been notified at least ten days prior to the date on
which such notice has been given under the terms of the contract.
given on date of delivery if hand-delivered; if sent by registered post or by
recognized courier, then on the expiration of seven days from the date of
posting; and if transmitted by facsimile, then on the next business date
after the date of transmission.
The Successful bidder shall not, without the Bank’s prior written consent,
disclose the Contract, or any provision thereof, or any specification, plan,
drawing, pattern, sample or information furnished by or on behalf of the
Bank in connection therewith, to any person other than a person employed
by the Successful bidder in the performance of the Contract. Disclosure to
any such employed person shall be made in confidence and shall extend
only as far as may be necessary for purposes of such performance.
consent, make use of any document or information pertaining to this
Bidder recommends for mutual confidentiality undertaking so that,
it can protect the confidential information that Bidder would share
while submission its proposal or during delivery of services. Also,
recommends standard exceptions to the obligation to maintain
confidentiality of the shared confidential information apart from a
limit on the obligation to maintain confidentiality of the received
information.
Not accepted
149 61 32(Termination) a) Termination For Default
by written notice of 30 days of default sent to the Successful Bidder, may
terminate this Contract in whole or in part:
a. If the Successful Bidder fails to deliver any or all of the deliverables
within the period(s) specified in the Contract, or within any extension
thereof granted by the Bank; or;
b. If the Successful Bidder fails to perform any other obligation(s) under
the contract.
c. If the Successful Bidder, in the judgment of the Bank has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract. Corrupt practice means the offering, giving, receiving or soliciting
of anything of value or influence the action of a public official in the
procurement process or in contract execution; and “fraudulent practice”
means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the Bank, and
includes collusive practice among Bidders (prior to or after bid submission)
designed to establish bid prices at artificial non-competitive levels and to
deprive the Bank of the benefits of free and open competition.
In the event, the Bank terminates the Contract in whole or in part, the Bank
may procure, upon such terms and in such manner as it deems
appropriate, Goods or Services similar to those undelivered, and the
Successful Bidder shall be liable to the Bank for any excess costs for such
Bidder recommends for mutual termination right only for material
breach on the part of other party. Also, recommends for 30 days cure
period before defaulting party can terminate the contract. Bank to
procure at its cost any undelivered services. Hence, request for
modification of this clause accordingly.
Not accepted
150 62 32 ©-termination for
convenience
The Bank, by written notice of 30 days sent to the Bidder, may terminate
the Contract, in whole or in part, at any time at its convenience. The notice
of termination shall specify that termination is for the Bank’s convenience,
the extent to which performance of work under the Contract is terminated
and the date upon which such termination becomes effective
Termination shall be invoked only for serious and material breaches
and not for minor breaches/delays or for convenience.
Not accepted
151 62 32( e) consequences of
termination
In the event of termination of the Contract due to any cause whatsoever,
[whether consequent to the stipulated term of the Contract or otherwise],
the Bank shall be entitled to impose any such obligations and conditions
and issue any clarifications as may be necessary to ensure an efficient
transition and effective business continuity of the Service(s) which the
Bidder shall be obliged to comply with and take all available steps to
minimize loss resulting from that termination/breach, and further allow
the next successor Bidder to take over the obligations of the erstwhile
Bidder in relation to the execution/continued execution of the scope of the
Contract.
the term of the Contract, a decision not to grant any (further) extension by
the Bank, the Bidder herein shall be obliged to provide all such assistance
to the next successor Bidder or any other person as may be required and as
the Bank may specify including training, where the successor(s) is a
representative/personnel of the Bank to enable the successor to adequately
provide the Service(s) hereunder, even where such assistance is required to
be rendered for a reasonable period that may extend beyond the
term/earlier termination hereof.
Performance Bank Guarantee and other guarantees, securities furnished
Bidder recommends, any transition services either due to
termination or expiry shall be subject to mutually agreeable
transition charges. Also, recommend not to link liquidating PBG to
transition services.
Not accepted
152 53 & 133 Point 3 of Bid Form -
Annexure 19
(3) AND WHEREAS it is one of the condition of the said tender that the
Tenderer shall deposit with the NABARD at the time of submitting the
tender a sum of `.-------- /- (Rupees ------------------------------------------------
--------------only) as and by way of Bid Security (BS), which Bid Security
(BS) shall not bear any interest and which shall be liable for forfeiture in
the event of the Tenderer, after acceptance of his tender by NABARD,
failing to observe any of the terms and conditions of the tender or the
Tenderer not supplying the said software to the satisfaction of NABARD
and / or its Consultants.
Bid security can only be forfeited if, Bidder misrepresents/provides
wrong information (or) withdraws its proposal before proposal
validity period. But, not for failure of Bidder to accept any order in
time (or) for not delivering SW in time for which the Bank has got
PBG. Hence, recommend deletion of obligations which are actually of
post bidding in nature.
“and which shall be liable for forfeiture in the event of the Tenderer, after
acceptance of his tender by NABARD, failing to observe any of the terms and
conditions of the tender or the Tenderer not supplying the said software to the
satisfaction of NABARD and / or its Consultants” stands deleted.
153 134 -135 Point 4 of Bid Form -
Annexure 19
Entire point 4 of Annexure 19 talks about liquidating Bid Security without
confirmation of Bidder and at the sole discretion of NABARD. Bid security
will be valid for 6 months ever after expiry period.
Bidder recommend any forfeiting of Bid Security shall be restricted
for non compliance to RFP T&C's (or) for premature withdrawal of
proposal.
NABARD shall approach Bank with original copy of documents
about Bidder's premature withdrawal of proposal (or) copy of written
refusal of Bidder to execute the contract with modified clauses
suggested by Bidder at the time of tender submission and thereafter
agreed by NABARD.
Not accepted
154 141 point 8 of Annexure 20:
Pre Contract Integrity
Pact
The BIDDER undertakes that it has not supplied/s not supplying similar
product/systems or sub systems at a price lower than that offered in the
present bid in respect of any other Ministry/Department of the
Government of India or PSU and it is found at any stage that similar
product/systems or sub systems was supplied by the BIDDER to any other
Ministry/Department of the Government of India or a PSU at a lower price,
then that very price, with due allowance for elapsed time, will be applicable
to the present case and the difference in the cost would be refunded by the
BIDDER to the BUYER, if the contract has already been concluded.
This is a kind of condition that compel Bidders to reduce the price in
comparison with the low price that it would quote / would have
quoted to other similarly placed customers. But this cannot be
considered as fair trade practice. Bidder being service provider would
quote different rates for different customers based on that particular
customers requirement which will definitely vary with the
requirements of NABARD. Even, if the scenario is one and the same
still, the price that was quoted for all previous customers would be
less than the quote that we will quote today for NABARD due to
escalation in consumer price index. Hence, we cannot compare
prices that we have quoted to customers in the past with that of the
price that we would quote for NABARD. This is a pure sign of unfair
trade practice and making it part of Integrity pact is not
recommended. Hence, request for deletion of this condition.
Not accepted
155 147 Annexure 24 - Terms
and Conditions
Compliance table
The Offer must specify the unconditional willingness to abide by the Terms
and Conditions of the Tender. The Terms and Conditions specified
elsewhere in the Tender should be complied along with the compliance /
conformity / willingness to offer as per the terms of the Tender towards
requirements of the Bank as under:
Is the Bidder only allowed to propose its preferred positions with
regard to the clauses that were referred / listed in the Annexure 24
(or) can it also propose changes to the terms and conditions of the
RFP in the format provided in Annexure 24 ?
Not accepted
156 Bidders liability the shared RFP is silent with regard to Bidders liability. Bidders recommends for express liability clause by limiting aggregate
liability of Bidder to Annual contract value with waiver for indirect
and consequential losses.
Refer to corrigendum.
157 Intellectual Property
Rights
the shared RFP is silent with regard to IP rights of the parties. Bidder recommends that, Back ground IP will be owned by
respective parties. Foreground IP will be owned by Bidder and
Bidder will provide license to Bank. If any Background IP is used in
deliverables then, Bidder will give license to use by Bank during the
existence of contract for its internal business requirements.
Not accepted
158 Pricing and Payments the share RFP is silent with regard to credit period. Bidder recommends for a credit period of 30 days starting from the
date of invoice. Bank to pay delay interest on all invoices that are not
paid within this credit period. In addition, Bidder shall have right to
suspend services if, Bank does not pay within 15 days of notice from
the due date. Bidder shall not be responsible for any loss that may be
caused to Bank due to such suspension.
Not accepted
159 48 11 NABARD may give orders for additional items/services at the same price
anytime within the contracted period
NABARD may give orders for additional 5% items/services at the
same price anytime within the contracted period. Beyond 5% price
needs to be mutually agreed upon between both the parties.
Not accepted
160 48
58
11
26
The prices once offered must remain firm and must not be subject to
escalation for any reason within the period of validity. The entire
benefits/advantages, arising out of fall in prices, taxes, duties or any other
reason must be passed on to NABARD
Any reduction in prices due to the vendor reducing the prices, reduction in
duties, taxes etc., by the Government, shall be passed on to the Bank during
the validity period.
No Price Variations
The price shall be quoted by the Bidder in the specified Price-bid format
given in Annexure-12 only. The price as finally agreed between the Vendor
and NABARD shall be final and it shall not be subject to escalation for any
reason whatsoever. In other words the commercial offer shall be on a fixed
price basis. No upward revision in the prices would be considered on
account of subsequent increases in government taxes, duties, levies, etc.
However, if there is any reduction on account of government taxes, duties,
local levies, etc. during the offer validity period, the same shall be passed on
to NABARD.
If, after the submission of Financial Bid, there is any change of rate
of tax/levy under the existing applicable Laws of India with respect
to taxes and duties, which are directly payable by the bidder for
providing the services which increase or decreases the cost incurred
by the bidder in performing the Services, then the amount otherwise
payable to the bidder under this Agreement shall be increased or
decreased accordingly by correspondence between the Parties hereto.
In case of any new or fresh tax or levy imposed after submission of
the Proposal the bidder shall be entitled to reimbursement on
submission of proof of payment of such Tax or Levy.
Not accepted
161 48 & 49 12 Payment: Software Payment for Software shall be made 100% on delivery.
162 48 & 49 12 Payment: Implementation
Successful completion of current state assessment, gap identification and
resolution, and systems requirement specifications (SRS) sign off, BRD
acceptance, Successful completion of parameterization, configuration and
customization of software. Application Programming Interface (API)
development, Data Migration and Report
Generation 20.00%
Final UAT sign off and ’GO LIVE ’ 30.00%
Implementation
Successful completion of current state assessment, gap identification
and resolution, and systems requirement specifications (SRS) sign
off, BRD acceptance - 20.00%
Successful completion of parameterization, configuration and
customization of software. Application Programming Interface (API)
development, Data Migration and Report
Generation - 20.00%
163 48 & 49 12 Payment: AMC / ATS/ Helpdesk support shall be paid quarterly in
arrears. However it can be paid at the start of each year after furnishing
Performance Bank guarantee by the vendor of equivalent amount valid for
one year. This PBG will be separate from Purchase order PBG.
AMC / ATS shall be paid yearly in advance for the subsequent years.
Onsite Application Support / Remote Application Support /
Helpdesk support shall be paid monthly in arrears.
164 48 & 49 12 Payment Payment shall be made within 30 days from the date of Invoice.
Bidder seeks right to terminate the contract in the event of delay in
payment of undisputed invoice.
Late payment will bear an interest of 2% per month.
165 56 23 Security deposit by way of Performance Bank Guarantee
The successful bidder shall submit a Performance Guarantee issued by a
Scheduled Commercial Bank in favour of NABARD as per the format given
in Annexure-16 for 10 % value of the contract in Indian Rupees along with
the letter of acceptance of the assignment.
The proceeds of the performance Guarantee shall be payable to the Bank as
compensation for any loss resulting from the Bidder’s failure to complete
its obligations under the Contract. The Performance Guarantee shall be
denominated in Indian Rupees and shall be by way of Bank Guarantee
1. Performance guarantee (PBG) to be provided at 5% of annual
contract value and shall be renewed yearly at 5% of relevant
subsequent year’s contract value.
2. Customer shall invoke the PBG only on occurrence of material
breach and after providing 30 days cure period to the bidder to
rectify the material breach for which the PBG is sought to be
invoked.
Not acceptable
Refer to corrigendum.
166 58 29 Delay in adhering to the project timelines/Liquidated damages
The Successful Bidder must strictly adhere to the time schedule, as
specified in the Contract, executed between the Bank and the bidder,
pursuant hereto, for performance of the obligations arising out of the
contract and any delay will enable the Bank to resort to any or all of the
following at sole discretion of the Bank.
(a) Penalty;
(b) Termination of the agreement fully or partly
If there is any delay in the implementation of the project due to bidder
Liquidated damages should be applicable only in the event of delay
in delivery is solely attributable to the Bidder and should be
computed at the rate of 0.5% of the value of the affected service or
product per week subject to the maximum of 5% of the value of
affected service or product.
Agreement can be terminated in case of material breach only after
giving 30 days cure period.
Not accepted
167 61, 62 & 63 32 a) Termination for default
d) Termination – Key Terms & Conditions
f) Exit Option
This contract may be terminated only on the ground of bidder being
in material breach of its obligations under the Agreement after
bidder has been notified in writing of the nature of the material
breach and been provided with a 30 days period to cure such
material breach.
Bank shall make all the payments for products / services delivered by
the Bidder and any liability towards the third party vendors till the
date of termination. Bank shall also be liable to pay stranded cost to
the bidder in case of termination.
Not accepted
168 62 32 c) Termination for convenience Termination shall be invoked only for serious and material breaches
and not for minor breaches/delays or for convenience. The clause
may be deleted
Not accepted
169 79 & 80 37 (m) SLA for Hardware & Software Maximum SLA Penalties should be capped at 5% of the applicable
service fees for that month.
Refer to corrigendum.
170 Page
Number 15
Clause No. 2 "Tender
Notice", Point Number
23
NABARD would provide the required hardware in its DC for hosting the
ERMS software. The details of the Hardware required for the ERMS
solution may be indicated in the format given in Annexure 35.
We would request you to please share the BoM & Technical
Specifications of the Hardware to be provided by NABARD for
hosting the ERMS software.
Details and specification of hardware isexpected to be worked out by the bidder and
provide it as per Annexure 35
171 Page
Number 16
Clause No. 2 "Tender
Notice", Point Number
32
All software’s proposed in the solution shall be compatible with the
hardware set up of NABARD.
We would request you to please share the BoM & Technical
Specifications of the Hardware to be provided by NABARD for
hosting the ERMS software.
Details and specification of hardware isexpected to be worked out by the bidder and
provide it as per Annexure 35
172 Page
Number 18
Clause No. 4 "Who can
submit the bid?", Point
Number f
One bidder in the capacity of SI can partner with multiple OEMs (for
separate modules such as credit risk, market risk, operational risk,
compliance risk, IFRS 9 and ECL calculation) to provide EWIRM Solution
through this bid.
We would request you to please change the clause as:
One bidder in the capacity of SI can partner with multiple OEMs /
Authorized Partner (for separate modules such as credit risk,
market risk, operational risk, compliance risk, IFRS 9 and ECL
calculation) to provide EWIRM Solution through this bid.
Not accepted
173 Throughout
RFP
N.A. N.A. The RFP allows the SI to partner with OEM to bid for this RFP. We
would request you to please allow the SI to bid either with the OEM /
Authorized Partner.
Not accepted
174 38 8. Scope of Work - f)
Broad Scope of Work
To achieve compliance with Basel-I/Basel- II/Basel- III norms and IndAS
guidelines.
Please provide reference to IndAS guidelines for Basel III
implementation
As per RFP
175 50 13. Eligibility Criteria -
Minimum Eligibility
Criteria (6)
Experience in co‐operative banks (State Co‐operative Banks, District
Central cooperative banks, Urban Co‐operative banks, RRBs etc.) shall not
be considered for evaluation.
Will NABARD accept implementation experience/ reference in
African countries (GT Bank, Nigeria)
Will NABARD accept implementation experience/ reference in
microfinance banks in India (Equitas, Chennai)
Will NABARD accept experience /reference of projects under
progress in Indian nationalized bank which are being implemented
with partner (OCB)
Not accepted
176 196 and 199 Annexure 31 –
Functional
Requirements iii.
Functional Requirement
for Business Continuity
Management (BCM)
Plan
and
Annexure 31 - iv.
Functional
Requirements for
Compliance Risk:
BCM and Compliance risk has been mentioned as part of annexure and not
the main document
Does the scope include implementation of solutions for –
1. Business Continuity Management (BCM)
2. Compliance Risk
3. IFRS 9
In addition to -
• Implementation of Basel I/II/III, Expected Credit loss as per RBI
and IndAS guidelines
Yes, the scope of the work includes 1. Business Continuity Management
(BCM)
2. Compliance Risk
3. IFRS 9
4. Implementation of Basel I/II/III, Expected Credit loss as per RBI and IndAS
guidelines
177 48 & 49 12. Payment (a) No Advance Payment shall be made
(b) Payment milestones
Please confirm if the payment terms and milestones are negotiable.
We would like to request for an 100% advance payment for license
and 1st year AMC based on the JMR obligations with OEM and at
least 40% advance payment for implementation. JMR standard
payment term for License and 1st year AMC is 100% upfront on
contract signing.
Refer to corrigendum.
178 51 13.Eligibility Criteria (2) The Bidder should have average revenues in excess of 250 Cr. for the
past 3 financial years
i.e.2015-16, 2016-17 & 2017-18
The bidder should not have accumulated losses as on 31.03.2018
Request to modify this criteria and consider the revenue in excess of
30 Cr. for the past i.e.2015-16, 2016-17 & 2017-18
Not accepted
179 93 Annexure-3 Non-Disclosure Agreement Form Whether we need to submit this annexure along with RFP
response?Please clarify
Yes
180 119 Annexure-15 Specimen contract form Whether we need to submit this annexure along with RFP
response?Please clarify
No
181 132 Annexure-18 The RBI guidelines are attached separately. Whether we need to submit this annexure along with RFP
response?Please clarify
No
182 136 Annexure-20 Pre Contract Integrity Pact Whether we need to submit this annexure along with RFP
response?Please clarify
Yes
183 General General Hardware and Technology Software Whether we need to proposal Hardware and Technology Software
also? Please clarify
The details are mentioned in the price bid (Annexure 12) and sizing of hardware as
per Annexure 35
184 General General Extension Considering the RFP and in order to provide quality response, we
request for 3 weeks of extension on current submission due date
Not accepted
185 13.
Eligibility
Criteria
2. The Bidder should have average revenues in excess of Rs. 250 Cr. for the
past 3 financial years i.e.2015-16, 2016-17 & 2017-18 The bidder should not
have accumulated losses as on 31.03.2018
Copies of Annual Reports in case of listed companies and copies of Audited
balance sheets and P&L statements in case of others
Request to please accept Provisional balance sheet for the year 2017-
18.
Please consider.
Accepted. In this circumstances the bidder is expected to submit the 2014-15
audited balance sheet and also sumbit the audited B/S of 2017-18 if selected .
186 13.
Eligibility
Criteria
6. The bidder must be in the business of providing/Implementing solutions
for Standardised Approach for Credit Risk, Market Risk, Operational Risk
under BASEL II/III guidelines, Governance, Risk & Compliance (GRC) &
IndAS (Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India for an uninterrupted period of two years as on
31.03.2018. Experience in co‐operative banks (State Co‐operative Banks,
District Central cooperative banks, Urban Co‐operative banks, RRBs etc.)
shall not be considered for evaluation.
The clause may be modified as under:
The bidder / OEM must be in the business of
providing/Implementing solutions for Standardised Approach for
Credit Risk, Market Risk, Operational Risk under BASEL II/III
guidelines, Governance, Risk & Compliance (GRC) & IndAS
(Expected Credit Loss calculation) for scheduled commercial
banks/AIFIs in India for an uninterrupted period of two years as on
31.03.2018. Experience in co‐operative banks (State Co‐operative
Banks, District Central cooperative banks, Urban Co‐operative banks,
RRBs etc.) shall not be considered for evaluation.
Not accepted. Both bidder and the OEM should have the experience required
187 13.
Eligibility
Criteria
9. The Bidder should have experience with supply, installation,
customization, integration, training and maintenance of Integrated
Solution in Scheduled Commercial bank/ financial institution in India.
Request to please modify the clause as under:
The Bidder should have experience with supply, installation,
customization, integration, training and maintenance of Integrated
Solution in Scheduled Commercial bank/ financial institution /
Government sectors, in India.
Not accepted
188 Successful completion of current state assessment, gap identification and
resolution, and systems requirement specifications (SRS) sign off, BRD
acceptance, Successful completion of parameterization, configuration and
customization of software. Application Programming Interface (API)
development, Data Migration and Report Generation - 20%
Successful completion of current state assessment, gap identification
and resolution, and systems requirement specifications (SRS) sign
off, BRD acceptance, Successful completion of parameterization,
configuration and customization of software. Application
Programming Interface (API) development, Data Migration and
Report Generation - 40%
189 Final UAT sign off and ’GO LIVE ’ - 30% Final UAT sign off and ’GO LIVE ’ - 30%
190 Training to all users (end users and core users) & Complete Documentation
(including user manuals), Documentation of functional capabilities of the
software and training reference materials. - 10%
Training to all users (end users and core users) & Complete
Documentation (including user manuals), Documentation of
functional capabilities of the software and training reference
materials. - 10%
191 On completion of 1 year of live implementation of the corresponding
module under EWIRM solution - 20%
On completion of 1 year of live implementation of the corresponding
module under EWIRM solution - 10%
192 On completion of 2 years of live implementation of the corresponding
module under EWIRM solution - 20%
On completion of 2 years of live implementation of the
corresponding module under EWIRM solution - 10%
193 33 Provide a resource for a
period of 6 months to
input/ upload the Bank’s
data including the data
uploading from the
physical records.
c) Responsibilities of Bidder Point Number 17. Data/resource of what kind. It is as clarified in para 8 © (17). The Bank's data may be in digital or physical
records. All such data shall be uploaded by the resource in the defined template in
ERM database
194 33 23. Provide all statutory,
regulatory Management
Information System
(MIS), adhoc MIS
(including development
if needed) and Executive
Information System
(EIS) reports as required
by the Bank in the
desired format as per
regulatory and Bank’s
requirements.
c) Responsibilities of Bidder Point Number 23. What is list of reports which needs to be reported by the
Bank.Which areas of reporting will be considered for KPI
List of reports furnised under Functional Requirements under each category.
195 31 4. The bidder shall
Implement an EWIRM
solution which is capable
of:
c) Responsibilities of Bidder Point Number 4. How is the current CBS set up, what details are being captured?
Please provide a list
Required details are furnised in Annexure 29.
196 31 4. The bidder shall
Implement an EWIRM
solution which is capable
of:
c) Responsibilities of Bidder Point Number 4. Is the bank following any regulatory compliance as of today Basel I/
II/ III
The bidder may refer to para 8 (b) under scope of work.
197 31 c) Responsibilities of Bidder Point Number 4. Except what is explicitly stated in the RFP, what are the Bank’s other
internal requirements (Pg. 31). Please list the above requirements to
assist us in scoping
Any item of work required for /related to successful implemnetaion of EWIRMS
12.
Payment
As per corrigendum
198 33 27. Bidder should install
& configure various
components of the
complete solution. The
bidder shall interface the
proposed solution with
external systems in the
Bank including
Bloomberg, Reuters,
FIMMDA, AMFI for
Market Risk, External
Rating agencies and RBI
Statistics, handbook on
Indian Economy for
Credit Risk, IBA for
Operational Risk or any
other system prescribed
by the Regulator or
c) Responsibilities of Bidder Point Number 27. Does the bank has subscription based services to any of the rating
agencies, macroeconomic indicators. Or only publicly information
needs to be used.
Bank subscribes to certain services as per its ongoing requirements.
199 38 6. The solution/s offered
should be web based,
open platform and
support data transfer
and consolidation from
the networked systems
either online or dial up.
f) Broad Scope of Work In many cases solution may not be available on a web-based
platform.
Small work arounds may be acceptable at Banks discretion
200 58 The contract will be for a
period of six years which
includes Implementation
period of 1 year and
AMC/ATS for a period of
five years. It is further
stipulated that the
contract period shall not
end before the
implementation of
CRMS, ICAAP, ECL
calculation, ORMS and
GRC & MRMS system to
the satisfaction of Bank.
28. Time period for completion of assignment Is there be any matrix for evaluation of work done or completion
status.
A suitable matrix for evaluation of done work/to track completion status shall be
devised.
201 158 1.1 The system should be
able to house at least 120
indicators dependent on
data from the source
system
Requirement for Credit Risk A) What is the level of current information being captured in CBS or
any other data sources at NABARD?
B) Do the head office/regional office have access to same data
sources as the head office?
C) are there any current scorecards/rating process in place at the
bank?
A. The information given in Annexure 29. B. Yes
C. Yes
202 160 2.1 System must be able
to house at least 100
KRIs across the Bank.
2. Key Risk Indicator (KRI) a) What is the level of current KRIs at the bank? The bank is in the process of setting up KRI framework.
203 162 Compliance Risk Index
Dashboard: Report must
display the Compliance
Risk Indices across
various Business Units
and at Bank level basis
Bank’s methodology
6.Compliance Is there any reporting/compliance reports being published at the
bank?
Yes
204 162 1.1 System should
support batch run
execution for all the
processes including
valuation, VaR, limit
reports, regulatory/non-
regulatory reports
generation
Requirement for Market Risk Are the current market risk models excel based or any software
based.
Most of the market risk models are excel based.
205 167 The system should be
capable of computing PD
for each borrower rating
grade, LGD for each
facility rating grade and
EAD for each facility in
case of corporate based
on the IND AS 109
B. Internal Rating System (applicable to all types of credit and investment
exposures)
Depending on the portfolio, varied approaches are undertaken to
calculate losses at portfolio level. It may not be possible to compute
PD,LGD separately at all times.
The system should be able to compute PD, LGD and EAD based on an appropriate
methodology adopted by the Bank for each portfolio/rating grade level
206 169 The system should be
capable of performing
pooling based on
statistical analysis,
scores and expert
judgment. At a minimum
the system should
support clustering
techniques such as
CART, CHAID and
regression trees etc. The
logic of pooling should
be configurable in the
system. The pooling
logic is subject to
change on at least at a
yearly basis. Hence the
definition of pooling
logic should be through a
graphical user interface
and should not require
4. Expected Credit Loss (ECL) Computation What level of changes are expected in the pooling logic on an
ongoing basis.
The pooling logic would be modified based on the validation results, the changes
may be in the form of but not limited pooling criteria, number of pools, etc.
207 184 The system should have
the capability to map the
existing Organization
Structure to the relevant
Business Lines as per
Basel-II/III and
Regulatory guidelines.
Sl No: Operational Risk Functional Requirements What are the current levels of existing Organization Structure and
mapping to current business lines.
The mapping process in under progress
208 193 9.17 The system should
generate VAR for each
scenario as well as
aggregated VAR at
Business line level and
Bank wide level. Vendor
should independently
develop and validate the
VAR measures using
statistical tools.
8 Capital Computation – Basic Indicator Approach How is the current VaR Reporting done at the bank. What software
are used in computation of VaR models.
VAR is only used for Market Risk at present.
209 199 Compliance Risk
Functional Requirement
iv. Functional Requirements for Compliance Risk: “Will functional requirements under Compliance Risk work stream
include the role of NABARA in conducting supervisory audits /
ensuring implementation of guidelines issued RRBs (Regional Rural
Banks) as well or will it be limited to regulations issued by RBI &
GOI for NARABD?“
It is limited to the compliance guidelines issued by regulator/GOI for NABARD.
210 165 The new system should
be both FIRB and AIRB
compliant and should
also compute the
standardized approach
capital in the parallel
run. Once the new
system stabilizes, all the
calculations
(standardized approach,
FIRB and AIRB) will
happen on the new
system only.
B. Internal Rating System (applicable to all types of credit and investment
exposures)
At what stage is the Bank in respect to advanced approaches of
different risks i.e. Credit risk, Market risk and operational risk?
The bidder may refer to para 8 (b) under scope of work
211 36 9. Design, size, procure
and implement UAT/test
infrastructure
d) Broad level overview What are the banks expectations in reference to “Assistance in
performing UAT”. Whether the consultant’s scope will be limited to
developing test cases or does the bank expect the consultant to
validate the same and provide sign offs
The consultants are expected to prepare the test cases and assit the
department/project management consultants in sign offs.
212 169 4.10 The solution should
support development of
multiple PD, LGD &
EAD models and should
enable for validation (as
per the requirements of
working paper 14 of
Basel Committee on
Banking Supervision or
any modification
thereof).
4. Expected Credit Loss (ECL) Computation How many validated Credit Risk rating or scoring models are in
place for Corporate/wholesale/FI/NBFC/RRB/SCB etc. portfolios?
Please provide a list of the above.
Currently the Bank has 16 Borrower Rating Models and 4 Facility Rating Models.
List of the rating models would be shared with the selected bidder.
213 158 The system should be
able to house at least 120
indicators dependent on
data from the source
system
1. Early Warning Signals Early warning model/parameters are in place for the Bank or are
needed to be developed?
The bank is in the process of developing EWS framework.
214 169 4.1 The system should
separately compute ECL
under IND AS 109
guidelines. The solution
should support Multiple
Approaches
simultaneously, if
required.
4. Expected Credit Loss (ECL) Computation Kindly provide the expectations on advance approaches. Does the
Bank have approved methodologies (including all its components)
for FIRB/AIRB, IMA and AMA?
The Bank currently does not have approved methodology in place, however it is in
the process of developing the same
215 170 The solution should be
able to capture all the
Bank Customer Types
and Bank Product Types
and should be able to
reclassify/categorize
them as Basel asset class
wise. The solution should
support categorization of
asset classes and sub
classes as defined as per
IRB approaches as given
the Basel II/III Accord /
RBI guidelines
(Corporate, Sovereign,
Bank, SME, SL classes,
Retail, QRRE, equity,
purchased receivables,
securitized etc.). The
system should be capable
of compute bank-wide
and asset class wise
(including sub-categories
like product-wise,
specialized lending,
SME, vertical wise etc.)
RWA, EL, UL and
4. Expected Credit Loss (ECL) Computation Please provide the expectations on the following whether the Bank
already possesses the approved methodology and will be directly
provided for configuration on or the consultant is expected to
develop the same;
• Probability of Default for different credit models including term
structures of PD
• Loss given default models for different portfolios
• Credit conversion factors for different models
• Value at Risk models for different portfolios including Variance
Covariance approach, Monte Carlo simulation and historical
methods
• Completed Risk Control Matrices for the entire Bank
• Defined Key Risk indicators across the group and their thresholds
• Loss database including loss amounts and near miss events
• Business line mapping definition
• Frequency and severity models and their interdependence
• Defined Scenarios for operational risk quantification
• Economic capital models
• RAROC models
The Bank currently does not have approved methodology in place, however it is in
the process of developing the same
216 171 4.33 System should
enable validation of any
parameters (PD, LGD,
EAD, Maturity, CCF,
collaterals etc.) used in
the system to ensure that
the inputs to the
regulatory capital charge
are reliable e.g..
Capability to allow the
user to run sensitivity
analysis and analyze the
impact on capital
4. Expected Credit Loss (ECL) Computation Is performing validation a part of the scope or only validation
procedures to be configured in the model?
Yes, validation is part of scope of work
217 206 The system should be
able to define an
unlimited number of
term structures for a
satisfactory coverage of
the various markets
within a specific
currency (LIBOR, bond,
swap, etc.)
3.5 Generation of Term Structures For Term structure of interest rates, has the Bank developed and
tested the curves and associated instruments (Base curves and par
rates to be used for each currency, Finalization Tenor spreads and
cross spreads)? Or there is an expectation that the consultant will
develop the different term structures for rates
SI will develop the different term structures for rates
218 206 The system should be
able to define an
unlimited number of
term structures for a
satisfactory coverage of
the various markets
within a specific
currency (LIBOR, bond,
swap, etc.)
3.5 Generation of Term Structures 1. For valuation of financial instruments, has the Bank developed
and tested the methodologies? Or there is an expectation that the
consultant will develop the different term structures
Consultant (successful bidder) shall implement FIMMDA / RBI prescribed
methodologies for valuation of financial instruments
219 230 5.1 The system should
have a Pillar-II module
which supports ICAAP
analysis of all material
Pillar-II risks of the Bank
and do capital
computation, for risks
like concentration risk
(RO wise, state wise,
industry/ sector wise,
product wise, vertical
wise rating-grade wise,
interest rate-wise, group-
wise, borrower-wise
etc.), reputation risk,
strategic risk, compliance
risk, underestimation of
risk under standardized
approach, model risk,
liquidity risk, interest
rate risk, forex risk etc.,
as per relevant RBI/
Basel guidelines on Pillar-
II.
5. ICAAP and Pillar 2 Requirements Are the quantification of Pillar2 risk under ICAAP available with the
Bank? Is the expectation to develop the same or qualitative criterion
to be used?
The Bank is in the process of developing approaches for quantification of Pillar 2
risks under ICAAP.
220 17 4. Who can submit the
bid?
3. Instructions for Bidders Can the Bank relax points a and l from section who can submit the
Bid on page 17 ?
No
221 155 Annexure-29 Present Setup of IT Systems of the Bank what is the IT solution for Treasury and Asset Liability Management
Solution (TALMS) package
As given in Annexure 29. The package is fully implemented
222 155 Annexure-29 Present Setup of IT Systems of the Bank What is final implementation date for TALMS package As given in Annexure 29. The package is fully implemented
223 155 Annexure-29 Present Setup of IT Systems of the Bank Whether an interface to be built to TALMS package or TALM data
would be available in Data warehouse, if any
No datawarehouse at present.
224 155 Annexure-29 Present Setup of IT Systems of the Bank What is final implementation date for Centralized Loan Management
and Accounting System (CLMAS)
Fully Implemented
225 155 Annexure-29 Present Setup of IT Systems of the Bank Whether an interface to be built to CLMAS package or CLMAS data
would be available in Data warehouse, if any
No datawarehouse at present.
226 155 Annexure-29 Present Setup of IT Systems of the Bank Can we assume study and gap analysis related to CLMAS and
TALMS is outside the scope of this RFP
It is in scope of work
227 155 Annexure-31, B, 3 Present Setup of IT Systems of the Bank Any data gap in CLMAS and TALMS is outside the scope of this RFP
and to be fixed by the concerned vendors of CLMAS and TALMS
Data gaps, if any is to be inputed through a work around by the SI and is in the
scope of work
228 168 Annexure-30 Internal rating models Whether bank is already having such models and expect the vendor
to configure them, besides pre-packaged models available in the
software. Same question apply to other models under Market risk,
Operational risk, ICCAP etc.
NABARD is in the process of finalising the Inernal rating models and expect the SI
to configure them.
229 187 Annexure-31, Functional
Requirements for
Operational Risk, 2.19
The external loss data points in the external loss database should have the
following data points,
Whether bank is already having access to the external data or has
subscribed to a vendor for the same and SI is supposed to built an
interface for the same.
Bank subscribes to certain services as per its ongoing requirements.
230 196 Annexure 29 - 14.1 Independent Modelling Platform Please clarify more on the requirements on "Independent Modelling
Platform"
Independent means the calculation / modelling engine is sepaerate from the other
modules and is dependant on those modules only for data. The statistical modeule /
platform can independently perform statstical / data analysis
231 196 Annexure 29 - 14.1 Independent Modelling Platform:
The solution should offer an independent modelling and data analytics
platform with data slicing, dicing and statistical capabilities where the Bank
can undertake data transformation, do regression analysis of loss data with
eg. KRI/RCSA scores, find out trends in the data and fit different
distributions. The tool should be easy to menu driven. The vendor should
provide complete training to the Bank for usage of the modelling platform.
Are you looking for Predictive analytics capability to be built or
scalable solution in the future?
If yes please provide repots/use cases details etc.
As per Rfp
232 44 Ultimately, the EWIRM Risk Solutions shall be linked to Enterprise Data
Warehouse (as and when operational). The solution should be able to
seamlessly interface with upcoming Enterprise Data Warehouse and shall
function as a Data Mart to the EDW.
1. Do you have project running in parallel to build data warehouse or
is it in the scope of this engagement? Please confirm
2. If yes then please clarify on the source system details like number
of source systems,
3. Please provide data entity in source systems
At present, NABARD has no project running in parallel to build data warehouse
233 44 Ultimately, the EWIRM Risk Solutions shall be linked to Enterprise Data
Warehouse (as and when operational). The solution should be able to
seamlessly interface with upcoming Enterprise Data Warehouse and shall
function as a Data Mart to the EDW.
Please provide the reports to be developed. i.e. count of reports,
complexity etc.
As specified in the Functional Requirements i.e Annexure 31
234 192 9.13 The system should have advanced analytics functions such as: system
capability to extrapolate from the distribution of observed total loss points
curve to determine the likely amount of total losses, etc. Vendor should be
able to carry out Advanced analytics function.
Please provide more information. Please clarify if you want us to
build any use advanced analytical systems/environment. If Yes
please provide the use cases for this.
As per Rfp
235 Generic What is the integration/ETL time window we have for loading data? One year is the implementation period.
236 Generic Timeframe for near real time window like secs, mins..etc. It is as per the RTO and RPO given in the bank's IS Policy
237 Generic We assume that semi structure and unstructured data integration
not in scope? Please confirm
It is in scope of work.
238 Generic what is the volume of the data to be migrated? It depends on the gaps analysis done by SI and data size is given in Annexure 29
239 Generic In what format the history data exists which need to be migrated to
new system?
Manual & Digital
240 34 8. Scope of Work
c) Responsibilities of
Bidder
30. Data migration should be done by the bidder from the existing data
(available in various source systems, physical files, through workaround) to
the new system with consistency. After going LIVE the incremental data
shall be moved onto the Risk Management solutions as per the current
RTO and RPO specified in the BCM policy of the bank, bidder to provide
necessary interface or tools for the same.
a) Could you please specify different types of sources in scope for
migration?
b) would it also include unstructured data?
c) Are there any LOB (large objects) in the database in scope of
migration? Please detail.
d) Do we need to migrate any images as well?
e) Are all these systems available in the same DC or spread
geographically? If spread, please detail the location and connectivity
between the DC and its usage.?
f) What is the current IT application scenario or landscape?
a. Data could be in manual form, word document, Excel sheet or digital form. B.
May be c and d. Unlikely
e. Systems avare available in the same DC f.
Given In Annexure 29
241 35 8. Scope of Work
c) Responsibilities of
Bidder
39. The source data before being used in the Risk Management System
should undergo review and validation. Bidder should be responsible for
migration audit designing and implementing the data quality checks and
validation by third party. Bidder needs to provide data quality
documentation and seek sign off from the Bank for data quality checks and
the results of the validation.
a) source data cleansing is not in scope. Please confirm.
b) the cleansing of data would be limited to the acceptability in the
target application. Please confirm our understanding is correct?
c) Is there any integration for online validation of data (like
PINCODES, Social Security Number etc.)?
d) Has there been any issues faced due to poor data quality eg.,
missing or incorrect data? Please detail?
e) Was there any action taken on the same and what was the result of
the action? Please detail?
a&b) Source data cleansing is in scope and would be limited to the acceptability in
the target application.
c) No online validation of data like pincodes or SSN is in place.
d&e) No issues faced due to poor data quality. Assessment of data quality and
additional inputting of data required is in the scope of work of the present bid.
242 39 8. Scope of Work
g) Detailed Scope of
Work
vi. Facilitate data migration from the existing data of the bank to the new
system with consistency. All the details from the migration date till the date
of LIVE should also be migrated from the existing data to the proposed
Risk Management solutions.
a) How many source systems are there as part of the Data migration
scope?
b) how may entities are in scope for DM?
c) how many tables are in scope for DM?
d) what is the total volume of transactions in scope for DM?
e) what is the total size of data in GB to be migrated in scope?
f) Is there any master data involved? How and where is the master
data held?
All source systems and data base size is also given in Annexure 29.
243 44 8. Scope of Work
g) Detailed Scope of
Work
vi. Implementation
viii. At present, the Bank has various solutions running on both on
Windows and Linux/AIX/UNIX platforms with ORACLE and MS SQL
Server databases. The solution provided shall be capable to interface with
these databases directly. Ultimately, the EWIRM Risk Solutions shall be
linked to Enterprise Data Warehouse (as and when operational). The
solution should be able to seamlessly interface with upcoming Enterprise
Data Warehouse and shall function as a Data Mart to the EDW. The
proposed solution should be compatible to interface with the following
platforms i.e. Windows, Unix and Linux with Intel and/or RISC systems.
a) Does NABARD have Oracle Enterprise version license?
b) Would the bidder be allowed to use these licenses to install their
application / framework?
Though NABARD has Oracle Enterprise License, the bidder has to bring the
required licenses for the database for the EWIRMS solution
244 46 8. Scope of Work
g) Detailed Scope of
Work
vi. Implementation
xxi. As part of implementation all data migration (as and when required)
from the existing systems to the system proposed will be done by the
Bidder. The Bidder shall demonstrate to the satisfaction of the Bank
regarding accuracy and comprehensiveness of the data migrated to the
proposed system.
a) Data migration would be one time activity. Please confirm that the
understanding is correct?
Migration of old data would be a one time activity. However, required interfaces
has to be built by the bidder for regular updation of the database to provide the
required results from the EWIRMS solution
245 55 22. Indemnification The Bidder shall indemnify, protect and save NABARD and hold NABARD
harmless from and against all claims, losses, costs, damages, expenses,
action suits and other proceedings, (including reasonable attorney fees),
relating to or resulting directly or indirectly from (i) an act or omission of
the Bidder, its employees, its agents, or employees of the partner’s in the
performance of the services provided in pursuance of this RFP (ii) breach of
any of the terms of this RFP or breach of any representation or warranty by
the Bidder, (iii) use of the deliverables and or services provided by the
Bidder, (iv) infringement of any patent, trademarks, copyrights etc. or such
other statutory infringements in respect of all components provided to fulfil
the scope of this project.
The successful bidder shall furnish Letter of Indemnity and Undertaking in
this regard as indicated in Annexure-28.
Propose deletion. This is a broadly worded indemnity and the
customer is already seeking a number of indemnities under the
clause.
Propose deletion , we are providing indemnities under the agreement
, a separate indemnity undertaking is not required.
Not accepted
246 56 23. Security deposit by
way of Performance
Bank Guarantee
The proceeds of the performance Guarantee shall be payable to the Bank as
compensation for any loss resulting from the Bidder’s failure to complete
its obligations under the Contract.
Propose to replace by " the proceeds of the performance guarantee
shall be payable to the Bank in case of persistent material breach by
Bidder."
Not accepted
247 29 Penalty If there is any delay in the implementation of the project due to bidder
/partner’s fault in complying with time schedule furnished by the bidder
and accepted by the
59
Bank, it will charge 1% on the total project implementation cost to the
bidder for each week of delay as penalty. Project Implementation cost in
this context refers to total expenditure expected to be incurred by the bank
for procurement, design and implementation of software solutions required
to lay down Enterprise-wide Integrated Risk Management Architecture in
accordance with the International Best Practices and Guidelines of
RBI/BCBS on Basel II, Basel- III. The cost does not include Cost of
Hardware procured for the implementation. This penalty will be subject to
an upper limit of 10% on the total project implementation cost. Thereafter
the order/contract may be cancelled and amount paid if any, may be
recovered with 1.25% interest per month. Any deviations from the norms
would be treated as breach of the contract by the bidder and will be dealt
with accordingly. The delay will be measured with reference to time
schedule to be specified in the contract to be entered with the successful
bidder.
Propose to replace by " Liquidates damages to be applicable at the
rate 0.5% on the value of affected services or deliverables capped at
10% of the value of affected services or deliverables."
Not accepted
248 32 Termination 32.1 Either party may terminate this Agreement forthwith on giving
notice in writing to the other party if that other party:
32.1.1 commits any material breach of any term of this Agreement
and, in the case of a breach capable of being remedied, shall have
failed within 30 calendar days after the receipt of a request in writing
from the first party to do so, to remedy the breach,
32.1.2 shall convene any meeting of creditors or pass a resolution for
winding up or suffer a petition for winding up; or
32.1.3 shall have an administrative receiver or receiver appointed
over the whole or part of its assets or suffer the appointment of an
administrator; or
32.2 On termination of this Agreement any sums owed by the
defaulting party to the other party shall be paid forthwith to that
other party and if requested by the other party shall return within
seven (7) working days of the date of termination, all property
belonging to that other party. The defaulting party shall certify in
writing within thirty (30) calendar days of termination to the other
party through a director or other officer of the company that the
obligations imposed by this Section have been complied with.
32.3 Termination of this Agreement howsoever caused shall not
affect the rights of either party under this Agreement which may
have accrued up to the date of termination.
Not accepted
249 38. No Claim Certificate The bidder shall not be entitled to make any claim, whatsoever, against
NABARD, under or by virtue of or arising out of, the Contract/Agreement,
nor shall NABARD entertain or consider any such claim, if made by the
Bidder after he has signed a ‘No Claim’ Certificate in favor of NABARD in
such forms as shall be required by NABARD after the implementation of
risk management software solution is completed to the satisfaction of the
Bank.
Propose deletion. If there is any claim against the customer the
Bidder should be entitled to the same.
Not accepted
250 31. Settlement of
disputes by Arbitration
In case Vendor/Bidder raises a dispute and the same is referred to
arbitration, the Bank shall send to Vendor/Bidder a list of three names of
persons who shall be presently unconnected with the Bank or
Vendor/Bidder. Vendor/Bidder shall on receipt of the names as aforesaid,
select any one person so named to be appointed as sole arbitrator and
communicate his name to the Bank within 30 days of receipt of the names.
Vendor/Bidder shall thereupon without delay appoint the said person as
the sole arbitrator. If Vendor/Bidder fails to select the person as sole
arbitrator within 30 days of receipt of the panel, the Bank shall be entitled
to appoint one of the persons from the panel as sole arbitrator and
communicate his name to Vendor/Bidder. If the person so appointed is
unable or unwilling to act or refuses his appointment or vacates his office
due to any reason whatsoever, another person shall be appointed by the
Bank from the above list of persons.
In case the Bank raises a dispute and the same is referred to arbitration,
Vendor/Bidder shall send to the Bank a list of three names of persons who
shall be presently unconnected with Vendor/Bidder or the Bank. The Bank
shall on receipt of the names as aforesaid, select any one person out of the
panel of three so named to be appointed as sole arbitrator and
communicate his name to Vendor/Bidder within 30 days of receipt of the
names. Vendor/Bidder shall thereupon without delay appoint the said
person as the sole arbitrator. If the Bank fails to select the person as sole
arbitrator within 30 days of receipt of the panel, Vendor/Bidder shall be
entitled to appoint one of the persons from the panel as sole arbitrator and
Propose to replace by " Any dispute shall be referred to the sole
arbitrator appointed by mutual consent between the Parties."
As per RFP
251 Propose additional
clause : Limitation of
Liability
In no event, each party's aggregate liability for damages (including
any liability, damage, loss or claim arising from tort, contract,
representation or warranty, indemnity, negligence or otherwise)
under or in connection with this Agreement or based on any claim
for indemnity or contribution shall exceed the total Fees (excluding
any third party bought-outs, taxes and reimbursements) received by
TechM from Customer under the relevant Statement of Work six
months preceding the date of such claim.
As per corrigendum
252 Propose additional
clause : Dependencies
Customer acknowledges that Services shall be subject to the agreed
Dependencies to be provided by Customer in a timely and agreed
manner. Customer shall keep TechM and its personnel indemnified
against any third party claims resulting out of or in relation to such
Dependencies
Not accepted
253 Propose additional
additional : Non
solicitation clause
During the term of this Agreement and for a period of one (1) year
following the termination of this Agreement, Customer shall not
directly or indirectly solicit, hire or entice away the Personnel of
TechM, involved in the performance of Services under this
Agreement, without the prior written consent of TechM.
Not accepted
254 61 32. Termination
a) Termination For
Default
In the event, the Bank terminates the Contract in whole or in part, the Bank
may procure, upon such terms and in such manner as it deems
appropriate, Goods or Services similar to those undelivered, and the
Successful Bidder shall be liable to the Bank for any excess costs for such
similar Goods or Services. However, the Successful Bidder shall continue
performance of the Contract to the extent not terminated.
The excess cost payable by successful bidder shall be capped at 110%
of the cost of the undelivered goods or services.
Not accepted
255 61 b) Termination for
Insolvency
If the contract is terminated by the Bank in terms of this Clause,
termination will be without compensation to the Bidder, provided that such
termination will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to the Bank. In case, the termination
occurs before implementation in all the locations in terms of this clause,
the Bank is entitled to make its claim to the extent of the amount already
paid by the Bank to the Bidder.
Irrespective of reason of termination NABARD shall be liable to pay
all incurred non cancellable costs to the Bidder.
Also, shall pay all due payment as per payment schedule for the
deliveries made till the date of termination.
Not accepted
256 62 d) Termination – Key
Terms & Conditions
The Bidder shall have right to terminate only in the event of winding up of
the Bank.
Further, propose to add : Bidder to have a right to terminate the
Agreement in case of material breach committed by NABARD.
Not accepted
257 81 n) Time Schedule Please note that maximum expected time frame of the project to GO LIVE
is 9 months from the date of issuing Purchase Order*. Accordingly vendors
have to deploy the resources. Post-implementation on-site support should
be provided for 6 months from Go Live date.
Please clarify total project duration will be 9 months
implementation + 1 year warranty + 5 years AMC/ATS.
It is assumed that post-implementation on-site support for 6 months
from Go Live date is part of 1 year warranty.
The project period is of 6 years including Implementation period of 12 months from
the date of acceptance of purchase order and 5 years of ATS/AMC.
258 82 q) Warranty & Annual
Maintenance
i. The warranty period for Software shall be for 1 (one) year from the GO
LIVE date of the Enterprise Wide Integrated Risk Management system.
The AMC/ ATS period shall start after Go Live for a period of 5 years.
Please clarify AMC/ATS should start after Go Live or Warranty
should start after Go Live.
As per corrigendum
259 82 q) Warranty & Annual
Maintenance
iv. During the period of AMC/ ATS, if the service provided by the Bidder is
not satisfactory, the Bank reserves the right to terminate the AMC/ ATS
contract and appoint any other agency at the risk and cost of the Bidder.
1. In such case of termination, Services delivered should be payable
until the date of termination.
2. Propose deletion of statement "and appoint any other agency at
the risk and cost of the Bidder."
Not accepted
260 58 29. Delay in adhering to
the project
timelines/Liquidated
damages
If there is any delay in the implementation of the project due to bidder
/partner’s fault in complying with time schedule furnished by the bidder
and accepted by the Bank, it will charge 1% on the total project
implementation cost to the bidder for each week of delay as penalty. Project
Implementation cost in this context refers to total expenditure expected to
be incurred by the bank for procurement, design and implementation of
software solutions required to lay down Enterprise-wide Integrated Risk
Management Architecture in accordance with the International Best
Practices and Guidelines of RBI/BCBS on Basel II, Basel- III. The cost does
not include Cost of Hardware procured for the implementation. This
penalty will be subject to an upper limit of 10% on the total project
implementation cost. Thereafter the order/contract may be cancelled and
amount paid if any, may be recovered with 1.25% interest per month.
1. Propose application of penalty should be sole remedy of NABARD.
2. Propose removal of cancellation of contract and recovery of
amount paid with interest 1.25% per month.
As per RFP
261 1. Availability of Business
Infrastructure in DC and DRC : Max 10 % of Value of the said Business
infrastructure for DC or DRC, as the case may be.
262 2. Availability of all other infrastructure, all other software components and
Test and Development infrastructure : max 10% Value of the relevant
Infrastructure
263 3. System Response Time : Max 10% value of the business infrastructure at
DC or DRC, as the case may be.
79 m) SLA for Hardware &
Software
For all these SLAs propose
1. On failure of 1% below required SLA, penalty to be charged @
0.5% of value of the said Business infrastructure for DC or DRC, as
the case may be.
2. All SLA penalties together capped to max 10% Value of the said
Business infrastructure for DC or DRC, as the case may be.
As per corrigendum
264 4. Disaster Recovery Site Availability : Max 10% value of the business
infrastructure at DC or DRC, as the case may be.
265 5. Data Point Availability : Max 10 % value of the business infrastructure at
DC or
DRC, as the case may be.
266 6. System Uptime : Rs. 10,000 Per hour
267 7. Hardware Utilization: Max 10% on the final contract price
268 64 35. Force Majeure Decision of the Bank in this regard shall be final and shall not be
questioned in arbitration or other legal proceedings.
Propose if Force Majeure continues more than 30 days, Both parties
should discuss to find out mutually agreeable solution to the
problem.
Not accepted
269 48 12. Payment b) The payment shall be released in accordance with table given RFP based
on Project Milestones
Milestone 1 : Successful completion of current state assessment, gap
identification and resolution, and systems requirement specifications (SRS)
sign off, BRD acceptance, Successful completion of parameterization,
configuration and customization of software. Application Programming
Interface (API) development, Data Migration and Report Generation :
20%
Milestone 2: Final UAT sign off and ’GO LIVE ’ : 30%
Milestone 3: Training to all users (end users and core users) & Complete
Documentation (including user manuals), Documentation of functional
capabilities of the software and training reference materials. : 10%
Milestone 4:On completion of 1 year of live implementation of the
corresponding module under EWIRM solution : 20%
Milestone 5: On completion of 2 years of live implementation of the
corresponding module under EWIRM solution : 20%
Propose Payment terms should be
1. Cost Of ERMS Software : 100% on Delivery
2. Cost of System Software : 100% on Delivery
3. Training Cost : 100% on Conducting Training
4. Implementation cost
a. Milestone 1: Completion of SRS, BRD : 20%
b. Milestone 2: Completion of customization of software, API
development : 20%
c. Milestone 3: Data migration and report generation : 20%
d. Milestone 4: Final UAT signoff : 20%
e. Milestone 5: On Go Live : 10%
f. Milestone 6 : One month after Go Live : 10%
5. Cost of creation of additional/adhoc Reports over and above
standard reports already indicated in the RFP for 200 reports : 25%
on completion of 50 reports each.
6. AMC/ATS / Helpdesk support cost : 100% yearly advance
without PBG.
As per corrigendum
270 15 2. Tender Notice , Note
Section, 13.
13. The scope of the services specified under this RFP is governed by the
guidelines issued by RBI on implementation of Basel I/II/III, IndAS
Guidelines and guidelines on Expected Credit loss and RBI communication
to AIFIs regarding Review of Regulatory Framework for the AIFIs dated
November 28, 2016, subject to regulatory modification if any (as enclosed
as Annexure-18). Any change made by RBI/GOI in the existing
guidelines or issue of fresh guidelines on these matters shall
automatically enlarge the scope of work specified under this RFP
and the duties of selected bidder shall deemed to be discharged
only when the Bank complies with the revised guidelines issued
on this matter. There will be no cost escalation on account of this
and the bidder shall complete the project as per the revised scope
of work.
IF RBI Guidelines gets changed and impacts the Scope of Work, The
Changes should limited to some "X" no. of days. The X number
should be explicitly defined in the Response.
As mentioned in item no 8(a) of Annexure 12, customisation cost for 1000 mandays
has to be submitted by the bidders covering the entire project period. Change
request will be charged acordingly.
271 18 4. Who can submit the
bid?, Section h:
All the new software release/version / upgrades or otherwise for any reason
should be made available to the Bank and the Bank is not liable to pay /
oblige SI or any OEM any additional charges / fees pertaining to third party
royalty charges etc. And also this should not be the reason to restrict the
Bank from upgrading to the new release / new version of the software. The
same will be provided during the entire duration of the contract.
Upgrade to new Release / new version may have commercial impact
and hence provision of such cost should be made in contract.
As per RFP
272 32 8. Scope of Work, C.
Responsibility of Bidder,
11. Security Audit,
Security audit of the application will be carried out by the Banks internal &
External auditors and the observations/recommendations made by
the auditors need to be complied within the time limit as advised
by the Bank, without any additional cost to the Bank.
The Audit Recommended changes should be limited to X PD's (e.g.
10 PDs') any efforts over and above X PD's will be taken as CR and
will be charged as per commercials agreed.
As per RFP
273 33 8. Scope of Work, C.
Responsibility of Bidder,
17.
Provide a resource for a period of 6 months to input/ upload the Bank’s
data including the data uploading from the physical records.
Efforts over and above 6 months should be chargeable. As per RFP
79 m) SLA for Hardware &
Software
For all these SLAs propose
1. On failure of 1% below required SLA, penalty to be charged @
0.5% of value of the said Business infrastructure for DC or DRC, as
the case may be.
2. All SLA penalties together capped to max 10% Value of the said
Business infrastructure for DC or DRC, as the case may be.
As per corrigendum
274 33 8. Scope of Work, C.
Responsibility of Bidder,
20.
Incorporate changes in system arising on impact of amendment to
regulations/ Bank’s policy at no additional cost and well within timelines
stipulated by the regulator.
Amendment to regulations/ Bank’s policy changes should be limited
to X PD's (e.g. 10 PDs') any efforts over and above X PD's will be
taken as CR and will be charged as per commercials agreed.
As mentioned in item no 8(a) of Annexure 12, customisation cost for 1000 mandays
has to be submitted by the bidders covering the entire project period. Change
request will be charged acordingly.
275 38 f. Broad Scope of work Installation, customization, configuration and maintenance of the software
required for an Enterprise Wide Integrated Risk Management (EWIRM)
Solution to achieve compliance with Basel-I/Basel- II/Basel- III norms and
IndAS guidelines. Any other hardware/software which is essential
to run application and not quoted will be supplied and installed
at free of cost.
Any other hardware/software which is essential to run application
and not quoted within this RFP will be supplied and installed as per
CR process.
Any new hardware requirement would be provided by NABARD, provided the
sizing and provisioning is indicated at the time of the bid. As regards any new
software essential to run the application would be at the cost of the bidder so as to
meet the fixed SLAs.
276 44 VI. Implementation The proposed solution should cover all the departments/ Regional Offices/
Training Establishments as decided by the Bank and have the capability to
scale up for meeting future requirements. The solution should be
scalable and capable to handle increased volumes. In the event
the Bank adds/changes/updates source/core banking systems in
the future the solution should be flexible to handle such new
source systems.
Future requirements should not warrant to change the complete
solution implemented. In such case the changes should be taken as
per change management process agreed between the parties.
Agreed
277 46 xx The bidder has to give an undertaking to implement the solution at any
location both at HO and ROs.
This clause may have commercial impact hence appropriate cost
should be included in the commercial proposal.
NABARD applications are centralised applications
278 48 11.Pricing The prices once offered must remain firm and must not be subject to
escalation for any reason within the period of validity. The entire
benefits/advantages, arising out of fall in prices, taxes, duties or any other
reason must be passed on to NABARD.
Any reduction in prices due to the vendor reducing the prices, reduction in
duties, taxes etc., by the Government, shall be passed on to the Bank during
the validity period.
The entire benefits/advantages, arising out of fall in prices, taxes,
duties or any other reason must be passed on to NABARD & TechM
50-50.
Not accepted
279 58 Time Period for
completion of
assignment
The contract will be for a period of six years which includes
Implementation period of 1 year and AMC/ATS for a period of five years. It
is further stipulated that the contract period shall not end before the
implementation of CRMS, ICAAP, ECL calculation, ORMS and GRC &
MRMS system to the satisfaction of Bank.
"Deliver System to Satisfaction of Bank" would mean here is to stick
to the BRD documents created and signed by customer during the
requirement phase and would not mean anything otherwise.
Yes
280 59 29. Delay in adhering to
the project
timelines/Liquidated
damages
The Bank also reserves its right to claim damages for improper or
incomplete execution of the assignment.
This clause should be removed as necessary penalty clauses covers
the damages on the project.
Not accepted
281 62 c) Termination for
convenience
The Bank, by written notice of 30 days sent to the Bidder, may terminate
the Contract, in whole or in part, at any time at its convenience. The notice
of termination shall specify that termination is for the Bank’s convenience,
the extent to which performance of work under the Contract is terminated
and the date upon which such termination becomes effective
Bank shall provide written notice for termination to Bidder, however
Bank should clear all the payments due until that period upon which
such termination becomes effective.
As per RFP
282 62/63 e) Consequences of
Termination
In the event that the termination of the Contract is due to the expiry of the
term of the Contract, a decision not to grant any (further) extension by the
Bank, the Bidder herein shall be obliged to provide all such assistance to
the next successor Bidder or any other person as may be required and as
the Bank may specify including training, where the successor(s) is a
representative/personnel of the Bank to enable the successor to adequately
provide the Service(s) hereunder, even where such assistance is required to
be rendered for a reasonable period that may extend beyond the
term/earlier termination hereof.
The Bidder herein shall be obliged to provide all such assistance to
the next successor Bidder or any other person as may be required
and as the Bank may specify until the Contract last date. Any efforts
beyond the contract period shall be chargeable on per day basis until
the completion of handover to successor. Per day rate will be applied.
As per RFP
283 63 f) Exit Option Reverse Transition mechanism would typically include service and tasks
that are required to be performed / rendered by the Bidder to the Bank or
its designee to ensure smooth handover, transitioning of application
knowledge, Bank’s deliverables, and maintenance and facility management.
The efforts involved in transitioning the responsibility by bidder will
be paid by bank as per commercials agreed.
As per RFP
284 72 37. Additional
Instructions for Bidders,
b) Source Code
Bidder has to keep source code of proposed solution with
approved / recognized escrow agency under escrow
arrangements mutually acceptable to the Bank and Bidder but at
Bidder’s cost. In case of Escrow arrangement, complete details and the
location and the terms and conditions applicable for escrow must be
specified.
ii. The Escrow arrangement suggested by the vendor shall not be binding
on the Bank.
iii. The Bank and the vendor shall enter into a tripartite escrow agreement
with the designated escrow agent, which will set out, inter alia, the events
of the release of the source code and the obligations of the escrow agent.
Costs for the Escrow will be borne by the Bidder.
1. Project delivery is scheduled in Phased Manner and at the end of
each phase, CD containing all the source code related to that phase
will be delivered to the Bank.
2. If Bank wants the source code to be kept with escrow agency, it
would be at their sole discretion and bidder will not borne any cost
(direct / indirect) related to this arrangement.
Agreed. However, the bidder would ensure to demonstrate compiling of the source
code in a similar environment created for the purpose and run the software to the
satisfaction of the bank.
285 79 m) SLA for Hardware &
Software
Availability of Business Infrastructure (Core Application
Servers, Core Database Servers, Storage, and related components etc.) in
DC and DRC ,
System Response Time,
System Uptime
Hardware Utilization
SLA should be measured on Monthly basis and should be explicitly
mentioned.
Agreed. SLA on Monthly Basis
286 79 m) SLA for Hardware &
Software
Availability of all other infrastructure, all other software components and
Test and Development infrastructure
Non-Prod devices (Dev, Test) Environment should not have Penalty
clause and should be removed.
No penalty clause for Dev and Test other than the time lines indicated for
deployment of the EWIRMS
287 80 m) SLA for Hardware &
Software,
System Response
Time
End to End response time
within the DC Time or
DR (from the CRMS, MRMS, ORMS and GRC, & IRMS Application to the
Database and back) should be
< 0.5 milliseconds
1. Response Time should be measured for Production Environment
applications in DC. DR site will be in offline mode and there will be
no live transactions, hence the clause for DR site should be removed.
2. Also End to End response time should be < 10 Sec.
Agreed
288 82 q) Warranty & Annual
Maintenance
The maximum response time for a maintenance complaint from the site of
installation (i.e. time required for Bidder’s maintenance engineers to report
to the installations after a request call / fax /email is made or letter is
written) shall not exceed One hour.
Response to the request made will be within 1hrs over email / Phone,
however onsite reporting will be dependent on external conditions
and should be dealt accordingly.
Response time will be 1 hour. Resolution time for critical issues would be 4 hours
and other issues would be maximum 1 day
289 83 r) Terms and Conditions
during Warranty and
AMC/ ATS Period, C.
Any corruption in the Software or media shall be rectified during the full
period of the contract including Warranty and AMC, at no extra cost to the
Bank.
Any corruption in the Software or media excluding external factors
(Fire, Power fluctuation, Flood, natural calamities etc.) beyond
control of bidder shall be rectified during the full period of the
contract including Warranty and AMC, at no extra cost to the Bank.
Agreed
290 21 6.1.4 ENVELOPE – 1:
Technical Bid
The contents of this envelope shall assist the Bank in evaluation of
technical and
functional requirements of the software solution. This envelope shall
contain seven
inner envelopes, each for:
Request Bank to accept a single Solution document with Individual
sections of the seven requirements.
Agreed
291 28 i. Credit Risk Default forecasting system and rating modules are used in the Business
Departments.
Are these modules home grown ? Pl share the details The same shall be shared with the selected bidder.
292 32 c) Responsibilities of
Bidder : Point 8
The bidder is required to integrate the proposed solution with the Bank’s
Core
Banking System and other systems for all the existing activities.
What is the Core Banking system running in the Bank ? Given in Annexure 29
293 32 c) Responsibilities of
Bidder : Point 15
Ensure that software solution being supplied should be capable to get
integrated
with a Data Ware housing solution; the Bank may go for in future. It needs
to
have standard interfacing capabilities.
PL share details on the current EDW solution . No EDW soluation at present
294 34 c) Responsibilities of
Bidder : Point 30
Data migration should be done by the bidder from the existing data
(available in various source systems, physical files, through workaround) to
the new system with consistency. After going LIVE the incremental data
shall be moved onto the Risk Management solutions as per the current
RTO and RPO specified in the BCM policy of the bank, bidder to provide
necessary interface or tools for the same.
Pl share all the relevant volumetric information's for estimating the
efforts for migrations.
It depends on the gaps analysis done by SI and data size is given in Annexure 29
295 38
f) Broad Scope of Work
The Project would be implemented at the Head office of the Bank, located
at
Mumbai, Maharashtra for Credit, Market, Operational and Compliance
Risk
Management, IFRS9 and ECL Calculation and other relevant guidelines
under
BASEL I, II & III. Requisite modules would need to be rolled out to all
Head Office
Departments, Regional Offices and Training Establishments of the Bank.
Can roll out be carried from Bank's central location to the other
offices ?
Yes
296 45 Implementation : Point :
xiv.
The total storage proposed by the bidder shall take into account
incremental growth of the Bank on a minimum, over the next 10 years.
The Bidder may propose an appropriate storage to meet the requirements
as found suitable
Pl share all the relevant volumetric information's and the expected
growth for arriving at the sizing
Given in annexure 29
297 46 Implementation : Point :
xx
The bidder has to give an undertaking to implement the solution at
any location both at HO and ROs.
Pl share the locations for all Ros where implementation is required ? Pl see NABARD website i.e. www:nabard.org
298 48 12.Payment Terms As per the tabular Column The [payment terms are very stringent & will not allow a bidder to
recognize revenue & will result in negative cash flow. Request the the
same to be changed as follows Milestone 1 - 30%,UAT & Go Live -
50%,Completion of Training - 10%,After 1 Yr. of implementation
or against BG of equivalent amount - 10%
As per corrigendum
299 55 21. Integrity Pact The Prospective vendors have to submit the same duly signed on a non-
judicial stamp paper of Rs.100/- at the time of submission of the RFP
document.
Most of the PSU Banks accept integrity Pact on a normal paper.
Request the bank to relax the same here instead of a stamp paper.
AS per proforma of CVC, GOI
300 58 28. Time period for
completion of
assignment
It is further stipulated that the contract period shall not end before the
implementation of CRMS, ICAAP, ECL calculation, ORMS and GRC &
MRMS system to
the satisfaction of Bank.
This clause is highly subjective without a definitive timeline. Request
the bank to remove the same.
As per RFP
301 59 29. Delay in adhering to
the project
timelines/Liquidated
damages
Bank, it will charge 1% on the total project implementation cost to the
bidder for
each week of delay as penalty. Project Implementation cost in this context
refers to total expenditure expected to be incurred by the bank for
procurement, design and implementation of software solutions required to
lay down Enterprise-wide Integrated Risk Management Architecture in
accordance with the International Best Practices and Guidelines of
RBI/BCBS on Basel II, Basel- III. The cost does not include Cost of
Hardware procured for the implementation.
Request only services components cost to be considered as a base for
calculation of the penalty.NO other cost component either
software/hardware/licenses will form the base.
As per RFP
302 59 29. Delay in adhering to
the project
timelines/Liquidated
damages
Thereafter the order/contract may be cancelled and amount paid if any,
may be
recovered with 1.25% interest per month.
Amount once paid cannot be recovered under any circumstances
This clause is very stringent & request the bank to remove the same.
As per RFP
303 61 a) Termination For
Default
The Bank, without prejudice to any other remedy for breach of contract, by
written notice of 30 days of default sent to the Successful Bidder, may
terminate
this Contract in whole or in part:
Termination window is very stringent & request the same to be
extended to 90 days post mutual agreement.
As per RFP
304 72 b) Source Code Bidder has to keep source code of proposed solution with approved /
recognized escrow agency under escrow arrangements mutually acceptable
to
the Bank and Bidder but at Bidder’s cost. In case of Escrow arrangement,
complete details and the location and the terms and conditions applicable
for
escrow must be specified.
OEMs don't share the source codes with the Vendor. In any case
Escrow arrangement will always be between the Bank & the OEM
which allows greater transparency & flexibility. Hence Bidder's play
in this area has to be removed.
At 65 above, the bidder agrees to deposit the software with source code with
NABARD
305 77 k) Performance
Guidelines
Bidder should clearly specify the detailed configuration and specifications
of the
applications and corresponding hardware required at various levels of
performance and supply a detailed Bill of Materials (BoM) with the part
numbers for the hardware based on the technical requirements.
Request the Bank to take only detailed specifications as bidder is not
supplying hardware as a part of this order. Also this will allow
normalization among the bids.
Agreed
306 78 k) Performance
Guidelines - vi
The bidder has to furnish the details of the configuration of the servers, OS
and
databases used in such benchmarking exercise for TPC etc. and relate the
same
to the server configurations proposed for Bank’s requirement.
Since a bidder is not supplying hardware as a part of this deal
request exemption from Hardware installation & support. For best
result the same shall be some by the supplier of those equipment's.
The bidder can provide details of the hardware it is proposing
307 79 m) SLA for Hardware &
Software
Entire Table Multiple penalties are there & only upper cap is mentioned for each
item. Need penalty as per incident & request the overall penalty
under various heads to be capped to 10% of the Total project cost.
As per corrigendum
308 81 clause marked with # The SI is expected to conduct Hardware sizing based on the information
provided in
Annexure-30 for implementing the solution. The hardware has to be
provided by the
SI.
This is contradictory with the clause in Pg : 32 which says " Set up,
installation and testing of the required software in the hardware
provided by the Bank including its data centers at BKC, Mumbai and
Disaster Recovery Site at Faridabad." . Pl clarify
The SI is expected to conduct Hardware sizing based on the information provided
in Annexure-30 for implementing the solution. The detais of hardware
requirements shall be furnished by SI and the same shall be made available by the
Bank. Hardware would be supplied by NABARD
309 158 Annexure 30 Requirement for Sizing Kindly provide the following information for sizing:
> Total number of assets (loans, advances etc.)
> Total number of liabilities
> Total number of customers
> annual growth rate
Financial details are available in our website. The database size is given in annexure
29. The growth details are given in para 8 (vi) (xix).
310 228 Annexure 31, Section vi,
3. Capital planning and
5.3
System should enable capture of requisite data and for user defined periods
for development of the capital plan at the bank and at sub portfolio levels
such as but not limited to:
• Balance sheet and PL estimates
• Anticipated growth in top line/revenue year on year, profitability margins,
costs
• Increase in risk weighted assets
• Capital types, amounts, maturity (for non-equity), capital cost.
• Risk Adjusted performance measures across various business lines and
products
3.2
The system should have capital planning and budgeting modules for
estimating bank-wide capital for future, stress testing by changing
assumptions/ macroeconomic scenarios, all allocation across business
units, geographies, products etc., if needed.
Does the bank require SI to propose a separate planning solution? The Bank is in the process of putting in place a capital planning framework. The
technology solution should have the functionalities outlined.
311 230 Annexure 31, Section vi,
5. ICAAP and Pillar 2
requirements
ICAAP and Pillar 2 Requirements Will the bank provides inputs for other risk categories such as
liquidity risk, interest rate risk etc. for consolidated reporting?
Yes, the Bank would be providing the methodology
312 241 Annexure 31, Section viii,
point # 8.6, 8.7, 8.8, 8.9
he tool should have the ability to use In-Memory Analytics to enable users
to conduct fast, thorough exploration and analysis on all data across
different data sources
IFRS 9 / INDAS 109 is financial reporting and disclosures. Same
applies to risk reporting requirements. In-memory is typically not
required for such use cases. Kindly clarify and confirm
We confirm the requirement.
313 241 Annexure 31, Section viii,
point # 8.14
The tool should have the ability to be used on database appliances such as
EMC Greenplum and Teradata - Is the bank proposing Sis to propose tools certified on specific
technologies/vendors? Kindly clarify what this requirement means.
This requirement stand deleted.
314 172 Annexure 31, Section 5,
Reporting
Reporting & Others Does the Bank want Standard Out of the Box Dashboards for all the
requirements? Or, is the Bank asking if these reports can be made
available? Many of the Reports are available as direct OOTB while for
the others they can be easily configured using the Oracle Reporting
capabilities.
The Bank is asking for the reports to be made available and configured at the time
of implementation
315 67 i. Scoring Methodology
for Functional
Requirements (FR)
Answers to the RFP are binary: either "S" or "C"? Yes
316 241 Annexure 31, Section viii,
8.7 - 8. 73
The tool should be able to analyze big data and generate visualizations on
the fly, without any performance degradation
Considering the bank's volume of data and complexity of operations,
are technologies like in memory and big data required? Please
confirm
Not Required
317 9 Contract: The work order issued by NABARD, Head Office, Mumbai and
acceptance of the same by the bidder of services, including all attachments
and appendices thereto and all documents incorporated by reference
therein
Contract: The work order issued by NABARD, Head Office, Mumbai
and acceptance of the same by the bidder of services, including all
attachments and appendices thereto and all documents incorporated
by reference therein, subject to the deviations proposed by the bidder
Not accepted
318 14 13 The scope of the services specified under this RFP is governed by the
guidelines issued by RBI on implementation of Basel I/II/III, IndAS
Guidelines and guidelines on Expected Credit loss and RBI communication
to AIFIs regarding Review of Regulatory Framework for the AIFIs dated
November 28, 2016, subject to regulatory modification if any (as enclosed
as Annexure-18). Any change made by RBI/GOI in the existing guidelines
or issue of fresh guidelines on these matters shall automatically enlarge the
scope of work specified under this RFP and the duties of selected bidder
shall deemed to be discharged only when the Bank complies with the
revised guidelines issued on this matter. There will be no cost escalation on
account of this and the bidder shall complete the project as per the revised
scope of work.
The scope of the services specified under this RFP is governed by the
guidelines issued by RBI on implementation of Basel I/II/III, IndAS
Guidelines and guidelines on Expected Credit loss and RBI
communication to AIFIs regarding Review of Regulatory Framework
for the AIFIs dated November 28, 2016, subject to regulatory
modification if any (as enclosed as Annexure-18). Any change made
by RBI/GOI in the existing guidelines or issue of fresh guidelines on
these matters shall automatically enlarge the scope of work specified
under this RFP and the duties of selected bidder shall deemed to be
discharged only when the Bank complies with the revised guidelines
issued on this matter, provided that any change to the scope due to a
statutory or regulatory requirement shall be through a Change
Request process at additional cost to NABARD. There will be no cost
escalation on account of this and the bidder shall complete the
project as per the revised scope of work.
Not accepted
319 14 The Bank expressly stipulates that the selection of bidder under this RFP is
on the understanding that this RFP contains only the principal provisions
for the entire assignment and the services rendered in accordance with the
scope of work defined under this RFP are only a part of the assignment.
The bidder shall perform all such tasks, render requisite services as may be
required for successful completion of the project to the satisfaction of the
Bank at no additional cost to the Bank, to attain the underlying objectives
for which this RFP is floated.
The Bank expressly stipulates that the selection of bidder under this
RFP is on the understanding that this RFP contains only the
principal provisions for the entire assignment and the services
rendered in accordance with the scope of work agreed by the Parties
defined under this RFP are the complete only a part of the
assignment. The bidder shall perform all such tasks, render requisite
services as may be required for successful completion of the project
to the satisfaction of the Bank at no additional cost to the Bank, to
attain the underlying objectives for which this RFP is floated.
Not accepted
320 19 No binding legal relationship will exist between any of the bidder and the
Bank until execution of a contractual agreement to the full satisfaction of
the Bank
No binding legal relationship will exist between any of the bidder and
the Bank until execution of a contractual agreement to the full
satisfaction of the Bank
Not accepted
321 20 The bidder will, by responding to the Bank’s RFP document, be deemed to
have accepted the terms as stated in this RFP document.
Request deletion as the bidder has proposed deviations to the RFP Not accepted
322 21 Finally selected bidder based on terms and conditions this RFP should
supply, install and commission a comprehensive software solution in our
Bank for implementing an Enterprise-wide Integrated Risk Management
Architecture in accordance with the International Best Practices and
guidelines of RBI on Basel I, Basel II & Basel III.
Finally selected bidder based on terms and conditions this RFP,
subject to deviations proposed, should supply, install and
commission a comprehensive software solution in our Bank for
implementing an Enterprise-wide Integrated Risk Management
Architecture in accordance with the International Best Practices and
guidelines of RBI on Basel I, Basel II & Basel III.
Not accepted
323 Bids shall remain valid for 180 days from the last date specified for
submission of bids in this RFP. The Bank holds the rights to reject a bid
valid for a period shorter than 180 days. In exceptional circumstances, the
Bank may solicit the Bidder’s consent to an extension of the validity period.
The request and the response thereto shall be made in writing. Extension of
validity period by the Bidder should be unconditional and irrevocable
Bids shall remain valid for 30 180 days from the last date specified
for submission of bids in this RFP. The Bank holds the rights to reject
a bid valid for a period shorter than 180 days. In exceptional
circumstances, the Bank may solicit the Bidder’s consent to an
extension of the validity period. The request and the response
thereto shall be made in writing. Extension of validity period by the
Bidder should be unconditional and irrevocable
Not accepted
324 The bidder is responsible to carry out the entire end to end implementation
of the software solution as per the scope of work specified in this RFP.
The bidder is responsible to carry out the entire end to end
implementation of the software solution as per the scope of work
specified in this RFP, subject to deviations proposed by the bidder.
Not accepted
325 All the new software release/version / upgrades or otherwise for any reason
should be made available to the Bank and the Bank is not liable to pay /
oblige SI or any OEM any additional charges / fees pertaining to third party
royalty charges etc. And also this should not be the reason to restrict the
Bank from upgrading to the new release / new version of the software. The
same will be provided during the entire duration of the contract. i. The
OEM should endorse the hardware & related software sizing, stating that
technically their software can be deployed on the proposed sizing. This can
be through declaration or sharing authentic / official benchmark reports
All the new software release/version / upgrades or otherwise for any
reason should be made available to the Bank and the Bank is not
liable to pay / oblige SI or any OEM any at additional charges / fees
pertaining to third party royalty charges etc. And also this should not
be the reason to restrict the Bank from upgrading to the new release
/ new version of the software. The same will be provided during the
entire duration of the contract. i. The OEM should endorse the
hardware & related software sizing, stating that technically their
software can be deployed on the proposed sizing. This can be
through declaration or sharing authentic / official benchmark
reports
Not accepted
326 The SI must not change the OEM once the bidding process is completed or
at any stage for the duration of the contract. The SI cannot partner with
any third party other than the OEM for the purposes of this project.
The SI must not change the OEM once the bidding process is
completed or at any stage for the duration of the contract, unless
otherwise agreed by the Parties in writing. The SI cannot partner
with any third party other than the OEM for the purposes of this
project, unless otherwise agreed by the Parties in writing.
Not accepted
327 5 Disclaimer The term ‘Project period/duration of project/tenure of project’ used in this
RFP is of six years which includes Implementation period of 1 year and
AMC/ATS for a period of five years after GO Live.
The term ‘GO LIVE date’ used in this RFP refers the point of time of 3
weeks post UAT sign off and movement of system to production.
The Bank’s own data is defined as the financial/non-financial information
of the National Bank for Agriculture & Rural Development which is
generally used for computation of CRAR under Basel I/Basel- II/Basel-III
norms. Further it is envisaged that as on GO-LIVE date the information
residing /information required for BASEL required approaches in CLMAS,
TALMS, ENSURE etc. and any other source system should flow seamlessly
into the IRMS to generate CRAR and meet other functional requirements
specified in this RFP
The term ‘Project period/duration of project/tenure of project’ used
in this RFP is of six years which includes Implementation period of 1
year and AMC/ATS for a period of five years after GO Live.
The term ‘GO LIVE date’ used in this RFP refers the point of time of
3 weeks post UAT sign off and movement of system to production.
The Bank’s own data is defined as the financial/non-financial
information of the National Bank for Agriculture & Rural
Development which is generally used for computation of CRAR
under Basel I/Basel- II/Basel-III norms. Further it is envisaged that
as on GO-LIVE date the information residing /information required
for BASEL required approaches in CLMAS, TALMS, ENSURE etc.
and any other source system should flow seamlessly into the IRMS to
generate CRAR and meet other functional requirements specified in
this RFP, subject to deviations proposed
Not accepted
328 6.1.6 The software vendor should, therefore, provision for such “Additional
Customization” by estimating a certain number of man-days, say 1000 man-
days, over a period of 5 years, in the commercial bid and also indicate the
per man day cost to arrive at the “Additional Customization Cost” in the
Commercial Bid
over and above man month estimation incurred during the contract
period should be additional chargeable to bank through either CR
or additional PO
The cost of additional customization is already being considered in the Commercial
bid.
329 A signed copy of the RFP must be submitted along with the bid before the
aforementioned closing date and time as mentioned in Tender Notice
section
Request deletion as the bidder has proposed deviations to the RFP Not accepted
330 All submissions, including any accompanying documents, will become the
property of the Bank. Bidders shall be deemed to license, and grant all
rights to the Bank to reproduce the whole or any portion of their
submission for the purpose of evaluation, to disclose the contents of the
submission to other bidders and to disclose and/or use the contents of the
submission as the basis for processing of RFP, notwithstanding any
copyright or other intellectual property right that may subsist in the
submission or accompanying documents
All submissions, including any accompanying documents, will
become the property of the Bank, subject to any pre-existing IPR of
the bidder and the Bank shall keep the submissions confidential.
Bidders shall be deemed to license, and grant all rights to the Bank to
reproduce the whole or any portion of their submission for the
purpose of evaluation, to disclose the contents of the submission to
other bidders and to disclose and/or use the contents of the
submission as the basis for processing of RFP, notwithstanding any
copyright or other intellectual property right that may subsist in the
submission or accompanying documents
Not accepted
331 Amendment will be notified through NABARD’s website to all prospective
Bidders and will be binding on them.
Amendment will be notified through NABARD’s website to all
prospective Bidders and will be binding on them, subject to
deviations proposed.
Not accepted
332 The proposal must remain valid and open for evaluation for a period of at
least 180 days from the last date of submission (or extended last date of
submission) of RFP.
The proposal must remain valid and open for evaluation for a period
of at least 180 days 30 days from the last date of submission (or
extended last date of submission) of RFP.
Not accepted
333 The ‘Integrated Risk Management Solution’ (IRMS) should be a single
integrated business solution, covering all the mentioned functionality
(detailed in the RfP) and flexibility required to carry out the enterprise-
wide risk management activities in the current and foreseeable future. It
should support multiple organizational entities, locations as well as
multiple regulatory jurisdictions
The ‘Integrated Risk Management Solution’ (IRMS) should be a
single integrated business solution, covering all the mentioned
functionality (detailed in the RfP, subject to deviations proposed)
and flexibility required to carry out the enterprise-wide risk
management activities as per the mutually agreed scope in the
current and foreseeable future. It should support multiple
organizational entities, locations as well as multiple regulatory
jurisdictions
Not accepted
334 The EWIRM shall exhaustively accomplish the scope of work detailed in
this RFP.
The EWIRM shall exhaustively accomplish the scope of work
detailed in this RFP, subject to deviations proposed.
Not accepted
335 submit the SRS within 15 days from date of acceptance of the Purchase
Order. Once the SRS is signed off from the Bank side, the bidder has to
submit a detailed project plan for migration, customization, testing and
implementation of the software. Plan should include the full scope of the
project as defined in the scope of the work. This process should be
completed within 15 days from the date of sign off of SRS
submit the SRS within 15 days from date of execution of the mutually
agreed contract acceptance of the Purchase Order. Once the SRS is
signed off from the Bank side, the bidder has to submit a detailed
project plan for migration, customization, testing and
implementation of the software. Plan should include the full scope of
the project as defined in the scope of the work. This process should
be completed within 15 days from the date of sign off of SRS
Not accepted
336 Provide a resource for a period of 6 months to input/ upload the Bank’s
data including the data uploading from the physical records
Require clarification on Time period of resource requirement from
when till when.
At present scope of work includes for six months
337 The bidder shall Implement an EWIRM solution which is capable of: Any
other task as per the scope of work mentioned in the RFP
The bidder shall Implement an EWIRM solution which is capable of:
Any other task as per the scope of work mentioned in the RFP,
subject to deviations proposed.
Not accepted
338 Security audit of the application will be carried out by the Banks internal &
External auditors and the observations/recommendations made by the
auditors need to be complied within the time limit as advised by the Bank,
without any additional cost to the Bank
External auditor appointed shall not be the competitor of the bidder. Not accepted
339 Ensure that the system is in compliance with RBI requirements for Basel I
and all approaches under Basel II and Basel III and other relevant
regulatory guidelines. Any instances of noncompliance observed will need
to be rectified at no additional cost and well within timelines stipulated by
the regulator/bank
Ensure that the system is in compliance with RBI requirements for
Basel I and all approaches under Basel II and Basel III and other
relevant regulatory guidelines. Any instances of noncompliance
observed will need to be rectified at no additional cost and well
within mutually agreed timelines stipulated by the regulator/bank
Not accepted
340 Incorporate changes in system arising on impact of amendment to
regulations/ Bank’s policy at no additional cost and well within timelines
stipulated by the regulator.
Incorporate changes in system arising on impact of amendment to
regulations/ Bank’s policy at no additional cost and well within
mutually agreed timelines stipulated by the regulator.
Not accepted
341 Ensure that the system meets all functional and technical requirements
specified in this RFP.
Ensure that the system meets all functional and technical
requirements specified in this RFP, subject to deviations proposed.
Not accepted
342 In case the product/ solution/ vendor/ OEM/SI are amalgamated/
dissolved the impact of such an event should not have any adverse
implication on the service level/ time line/cost that is proposed for
implementation of the solution. Such event would not dilute the
responsibility of the successful bidder in completing the implementation
within mutually agreed time lines. Cost escalation, if any, has to be borne
by the bidder only.
In case the product/ solution/ vendor/ OEM/SI are amalgamated/
dissolved the impact of such an event should not have any adverse
implication on the service level/ time line/cost that is proposed for
implementation of the solution. Such event would not dilute the
responsibility of the successful bidder in completing the
implementation within mutually agreed time lines. Cost escalation, if
any, has to be borne by NABARD the bidder only.
Not accepted
343 The bidder shall be also responsible for the following: The bidder will
prepare acceptance test plan in consultation with the Bank, for which
bidder will station its officers in the Bank at no additional cost.
Customize software.
The bidder shall be also responsible for the following: The bidder will
prepare acceptance test plan in consultation with the Bank, for which
bidder will station its officers in the Bank at no additional cost.
Customize software.
Not accepted
344 A non-disclosure agreement should be signed between Bank and bidder.
The format of non-disclosure agreement form is given in Annexure-3.
A non-disclosure agreement should be signed between Bank and
bidder. The format of non-disclosure agreement form is given in
Annexure-3, subject to deviations proposed.
Not accepted
345 38 Any other hardware/software which is essential to run application and not
quoted will be supplied and installed at free of cost.
Any other hardware/software which is essential to run application
and not quoted will be supplied and installed at free of cost.
Not accepted
346 39 Provide various tools /utilities to bridge the gaps identified during Gap
analysis phase without any extra cost. Bidder will be responsible for the
procurement of any tool required to develop the interface. Bidder will
document the entire interface logic and process with change management
procedures in compliance with Bank’s policies and best international
practices.
Provide various tools /utilities to bridge the gaps identified during
Gap analysis phase without any extra cost. Bidder will be responsible
for the procurement of any tool required to develop the interface at
NABARD's cost. Bidder will document the entire interface logic and
process with change management procedures in compliance with
Bank’s policies and industry standard best international practices.
Not accepted
347 40 To assist in bridging the identified data gaps for compliance with Bank’s
own policies, RBI guidelines, international best practices and other relevant
guidelines on integrated risk management framework.
The Bidder shall be responsible for accuracy of the parameters set in the
system according to business needs of the Bank.
To assist in bridging the identified data gaps for compliance with
Bank’s own policies, RBI guidelines, industry standard international
best practices and other relevant guidelines on integrated risk
management framework.
The Bidder shall be responsible for accuracy of the parameters set in
the system according to the mutually agreed scope business needs of
the Bank.
Not accepted
348 The cost of all customizations is required to be included in the Commercial
Bid and the Bank will not make any additional costs for this throughout the
term of the contract if the same has been specified as a requirement of the
Bank in this RFP. Thus, this is a fixed bid and all necessary customizations
based on the functional requirements specified in the RFP will need to be
conducted by the Bidder. All customization has to be completed within the
project timelines.
The cost of all customizations is required to be included in the
Commercial Bid and the Bank will not make any additional costs for
this throughout the term of the contract if the same has been
specified as a requirement of the Bank in this RFP. Thus, this is a
fixed bid and all necessary customizations based on the functional
requirements specified in the RFP will need to be conducted by the
Bidder. All customization has to be completed within the project
timelines.
Not accepted
349 Enhancements provided by the Bidder would include changes in the
software due to statutory and Regulatory changes and those required due
to changes in industry practices in India, international best practices or any
other requirements of the Bank related to the above, which will need to be
provided at no extra cost to the Bank for the entire period of the contract. It
will include, but not limited to, all the functionalities mentioned in the
Functional Requirements and at no additional costs.
Enhancements provided by the Bidder would include changes in the
software due to statutory and Regulatory changes and those required
due to changes in industry practices in India, international best
practices or any other requirements of the Bank related to the above,
which will need to be provided at no extra cost to the Bank for the
entire period of the contract. It will include, but not limited to, all the
functionalities mentioned in the Functional Requirements and at no
additional costs.
Not accepted
350 Before completing this phase, the bidder shall ensure that EWIRM
solution/ architecture proposed to be implemented/laid down is capable of
meeting all functional and technical requirements specified in this RFP
Before completing this phase, the bidder shall ensure that EWIRM
solution/ architecture proposed to be implemented/laid down is
capable of meeting all functional and technical requirements
specified in this RFP, subject to deviations proposed
Not accepted
351 40 The Bank will conduct a “User Acceptance Test” (“UAT”) under guidance,
review and Supervision of the bidder to ensure that all the functionality
required by the Bank as mentioned in this RFP is available and is
functioning accurately as per the expectations of the Bank. Consequent to
UAT, if some of the functionalities, specified in this RFP are not present in
tune with the Bank’s expectations, the bidder shall make appropriate
changes.
The Bank will conduct a “User Acceptance Test” (“UAT”) under
guidance, review and Supervision of the bidder to ensure that all the
functionality required by the Bank as mentioned in this RFP, subject
to deviations proposed, is available and is functioning accurately as
per the mutually agreed scope expectations of the Bank. Consequent
to UAT, if some of the functionalities, specified in this RFP are not
present in tune with the mutually agreed scope Bank’s expectations,
the bidder shall make appropriate changes.
Not accepted
352 The bidder will ensure that test environment’s configuration and
parameterization for conducting the UAT is in line with bank's risk
management framework and this RFP’s requirements.
The bidder will ensure that test environment’s configuration and
parameterization for conducting the UAT is in line with bank's risk
management framework and this RFP’s requirements, subject to
deviations proposed.
Not accepted
353 All errors, bugs enhancements/ modifications required during and after
testing will be resolved within the overall timelines for implementation.
The Bidder will be responsible for using appropriate tools for logging,
managing, resolving and tracking issues and its progress, arising out of
testing and ensuring that all issues are addressed in a timely manner to the
satisfaction of the Bank and as per requirements mentioned in this RFP.
All errors, bugs enhancements/ modifications required during and
after testing will be resolved within the overall timelines for
implementation. The Bidder will be responsible for using appropriate
tools for logging, managing, resolving and tracking issues and its
progress, arising out of testing and ensuring that all issues are
addressed in a timely manner to the satisfaction of the Bank and as
per requirements mentioned in this RFP, subject to deviations
proposed.
Not accepted
354 46 7.
g) vii.
The ATS/AMC/Helpdesk services will be for a period of 5 years after
completion of warranty period.
The ATS/AMC/Helpdesk services will be for a period of 5 years after
completion of warranty period implementation of required software
as per the mutually agreed signed contract.
Refer to corrigendum.
355 The bidder has to give an undertaking to implement the solution at any
location both at HO and Ros. The Bidder shall demonstrate to the
satisfaction of the Bank regarding accuracy and comprehensiveness of the
data migrated to the proposed system
The bidder has to give an undertaking to implement the solution at
any location both at HO and Ros. The Bidder shall demonstrate to
the satisfaction of the Bank regarding accuracy and
comprehensiveness of the data migrated to the proposed system
Not accepted
356 48 11 No adjustment of the contract price shall be made on account of variation
of costs of labour and materials or any other cost component affecting the
total cost in fulfilling the obligations under the contract
No adjustment of the contract price shall be made on account of
variation of costs of labour and materials or any other cost
component affecting the total cost in fulfilling the obligations under
the contract except for foreign exchange rates. Prices will undergo
change for any changes in rates of foreign exchange by +/-5% of the
agreed price.
Not accepted
357 48 11 NABARD may give orders for additional items/services at the same price
anytime within the contracted period.
NABARD may give orders for additional items/services at the same
mutually agreed price anytime within the contracted period.
Not accepted
358 48 11 The price would be inclusive of all applicable taxes except GST under the
Indian law. The payment towards GST would be made at actuals (necessary
documentary proof to be enclosed).
The price would be inclusive of all applicable taxes except GST under
the Indian law. The payment towards GST would be made at actuals
(necessary documentary proof to be enclosed). Any change i.e.
upward or downward revision of tax, any new levy of tax will be
effected in pricing.
It is implied
359 48 11 The prices once offered must remain firm and must not be subject to
escalation for any reason within the period of validity. The entire
benefits/advantages, arising out of fall in prices, taxes, duties or any other
reason must be passed on to NABARD
The prices once offered must remain firm and must not be subject to
escalation for any reason within the period of validity. The entire
benefits/advantages, arising out of fall in prices, taxes, duties or any
other reason must be passed on to NABARD
Not accepted
360 48 11 Any reduction in prices due to the vendor reducing the prices, reduction in
duties, taxes etc., by the Government, shall be passed on to the Bank during
the validity period.
Any reduction in prices due to the vendor reducing the prices,
reduction in duties, taxes etc., by the Government, shall be passed on
to the Bank during the validity period.
Not accepted
361 48 12
a)
No advance payment shall be made against purchase order. No advance payment shall be made against purchase order. Not accepted
362 48-49 12
b)
As per RFP Successful completion of current state assessment, gap identification
and resolution, and systems requirement specifications (SRS) sign
off, BRD acceptance - 30%
Successful completion of parameterization, configuration and
customization of software. Application Programming Interface (API)
development, Data Migration and Report Generation - 30%
Final UAT sign off and ’GO LIVE ’ - 20%
Training to all users (end users and core users) & Complete
Documentation (including user manuals), Documentation of
functional capabilities of the software and training reference
materials. - 20%
Refer to corrigendum.
363 15 All bidders who have procured this RFP document from the Bank shall be
notified of the amendment in writing by e-mail or fax or post, and all such
amendment(s) shall be binding on them
All bidders who have procured this RFP document from the Bank
shall be notified of the amendment in writing by e-mail or fax or
post, and all such amendment(s) shall be binding on them, subject to
deviations proposed
Not accepted
364 53 18 The Bank Guarantee in lieu of EMD should be given as per the format
Annexure -19. The EMD of unsuccessful Vendors/Bidders shall be returned
within reasonable, only after the successful completion of the bid process.
No interest is payable on such amount. The EMD shall be forfeited if: Non
Non-acceptance of the orders when placed or Non-confirmation of
acceptance orders within the stipulated time after placement of orders. In
case the successful bidder fails to duly acknowledge the acceptance of work
order within stipulated time of 30 days from the date of issuance work
order, the EMD of successful bidder may be forfeited without any further
communication to the successful bidder.
The Bank Guarantee in lieu of EMD should be given as per the
format Annexure -19, subject to deviations proposed. The attached
format will be subject to review by the bidder and any changes
required in the format shall be mutually agreed upon. The EMD of
unsuccessful Vendors/Bidders shall be returned within reasonable 15
days only after the successful completion of the bid process. The
EMD shall be forfeited if: Non-acceptance of the orders on mutually
agreed terms and conditions when placed or Non-confirmation of
acceptance orders on mutually agreed terms and conditions within
the stipulated time after placement of orders. In case the successful
bidder fails to duly acknowledge the acceptance of work order within
stipulated time of 30 days from the date of issuance work order, the
EMD of successful bidder may be forfeited without any further
communication to the successful bidder, unless such failure is due to
inability of the parties to amicably conclude on the terms of the
engagement.
Not accepted
365 55 22 The Bidder shall indemnify, protect and save NABARD and hold NABARD
harmless from and against all claims, losses, costs, damages, expenses,
action suits and other proceedings, (including reasonable attorney fees),
relating to or resulting directly or indirectly from (i) an act or omission of
the Bidder, its employees, its agents, or employees of the partner’s in the
performance of the services provided in pursuance of this RFP (ii) breach of
any of the terms of this RFP or breach of any representation or warranty by
the Bidder, (iii) use of the deliverables and or services provided by the
Bidder, (iv) infringement of any patent, trademarks, copyrights etc. or such
other statutory infringements in respect of all components provided to fulfil
the scope of this project
The Bidder shall indemnify, protect and save NABARD and hold
NABARD harmless from and against all claims, losses, costs,
damages, expenses, action suits and other proceedings, (including
reasonable attorney fees), relating to or resulting directly or
indirectly from a third party claim for (i) an grossly negligent act or
wilful omission of the Bidder, its employees, its agents, or employees
of the partner’s in the performance of the services provided in
pursuance of this RFP (ii) breach of any of the terms of this RFP or
breach of any representation or warranty by the Bidder, (iii) use of
the deliverables and or services provided by the Bidder, (iv)
infringement of any patent, trademarks, copyrights etc. or such other
statutory infringements in respect of all components provided to
fulfil the scope of this project
Not accepted
366 The Bidder shall further indemnify NABARD against any loss or damage to
NABARD’s premises or property, data, loss of life, etc., due to the acts of
the Bidder’s employees or representatives
The Bidder shall further indemnify NABARD against third party
claims for any loss or damage to NABARD’s premises or property,
data, loss of life, etc., due to the grossly negligent acts of the Bidder’s
employees or representatives
Not accepted
367 The Bidder shall further indemnify NABARD against any loss or damage
arising out of loss of data, claims of infringement of third party copyright,
patents, or other intellectual property, and third-party claims on NABARD
for malfunctioning of the equipment or software or deliverables at all
points of time
The Bidder shall further indemnify NABARD against third party
claims for any loss or damage arising out of loss of data, claims of
infringement of third party copyright, patents, or other intellectual
property, and third-party claims on NABARD for malfunctioning of
the equipment or software or deliverables at all points of time.
Bidder shall not have any liability to Bank under this Section to the
extent that any infringement or claim thereof is attributable to: (1)
the combination, operation or use of a Deliverable with equipment or
software supplied by Bank where the Deliverable would not itself be
infringing; (2) compliance with designs, specifications or instructions
provided by Bank (3) use of a Deliverable in an application or
environment for which it was not designed or contemplated under
this Agreement; or (4) modifications of a Deliverable by anyone other
than Bidder where the unmodified version of the Deliverable would
not have been infringing.
Bidder will completely satisfy its obligations hereunder if, after
receiving notice of a claim, Bidder obtains for Bank the right to
continue using such Deliverables as provided without infringement,
or replace or modify such Deliverables so that they become non-
infringing.
Not accepted
368 56 Further, since NABARD’s data could be integrated/used under Bidder
provided software and since the Bidder would be managing the services,
the Bidder should be responsible for any loss/compromise or damage to
Bank’s data. The successful bidder shall furnish Letter of Indemnity and
Undertaking in this regard as indicated in Annexure-28
Further, since NABARD’s data could be integrated/used under
Bidder provided software and since the Bidder would be managing
the services, the Bidder should be responsible for any direct
loss/compromise or damage to Bank’s data arising out of bidder's
grossly negligent acts. The successful bidder shall furnish Letter of
Indemnity and Undertaking in this regard as indicated in Annexure-
28
Not accepted
369 Any indemnity shall be limited to the extent of 100% of average
annual project cost. Selected bidder shall not be liable for any
indirect and consequential damages with relation to the liability
arising out of this clause.
Not accepted
370 56 23 The successful bidder shall submit a Performance Guarantee issued by a
Scheduled Commercial Bank in favour of NABARD as per the format given
in Annexure-16 for 10 % value of the contract in Indian Rupees along with
the letter of acceptance of the assignment
The successful bidder shall submit a Performance Guarantee issued
by a Scheduled Commercial Bank in favour of NABARD as per
format given in Annexure-16, subject to deviations proposed for 10 %
value of the contract in Indian Rupees along with the letter of
acceptance of the assignment
Not accepted
371 56 23 In the event of any contract amendment, the Bidder shall, within 15 days
after receipt of such amendment, furnish the amendment to the
performance guarantee, rendering the same valid for the duration of the
contract as amended.
In the event of any contract amendment, the Bidder shall, within 15
days 30 days after receipt of such amendment, furnish the
amendment to the performance guarantee, rendering the same valid
for the duration of the contract as amended.
Not accepted
372 From the date of placing order till delivery of material under the RFP, if any
changes are brought in tax structure by the Govt resulting in reduction of
cost of the equipment, benefits arising out of such reduction shall be passed
on to NABARD.
From the date of placing order till delivery of material under the
RFP, if any changes are brought in tax structure by the Govt
resulting in reduction of cost of the equipment, benefits arising out
of such reduction shall be passed on to NABARD.
Not accepted
373 The price shall be quoted by the Bidder in specified Price-bid format given
in Annexure-12 only. The price as finally agreed between the Vendor and
NABARD shall final and it shall not subject to escalation for any reason
whatsoever. In other the commercial offer shall be on a fixed price basis.
No upward revision in the price would be considered on account of
subsequent increases in government taxes, duties, levies, etc. However if
there is any reduction on account of government taxes, duties, local levies,
etc. during the offer validity period, the same shall be passed on to the
NABARD.
The price shall be quoted by the Bidder in specified Price-bid format
given in Annexure-12 only. The price as finally agreed between the
Vendor and NABARD shall final and it shall not subject to escalation
for any reason whatsoever. In other the commercial offer shall be on
a fixed price basis. No upward revision in the price would be
considered on account of subsequent increases in government taxes,
duties, levies, etc. However if there is any reduction on account of
government taxes, duties, local levies, etc. during the offer validity
period, the same shall be passed on to the NABARD.
The existing price is subject to changes i.e. upward or downward
revision of applicable taxes, rates or any new levy of taxes. Also
prices will undergo changes for any change in rates of foreign
exchange by +/-5% of the agreed rate.
Not accepted
374 58 As per RFP Request deletion as the clause is inapplicable It is clear in the RFP
375 28 It is further stipulated that the contract period shall not end before the
implementation of CRMS, ICAAP, ECL calculation, ORMS and GRC &
MRMS system to the satisfaction of Bank.
It is further stipulated that the contract period shall not end before
the implementation of CRMS, ICAAP, ECL calculation, ORMS and
GRC & MRMS system to the satisfaction of Bank.
Not accepted
376 The Bank, at its option may extend the timeframe, depending on its
requirements. Any new guidelines given by RBI and Basel with regard to
advanced approaches will automatically form part of the contract
The Parties Bank, at its option may extend the timeframe, depending
on its requirements. Any new guidelines given by RBI and Basel with
regard to advanced approaches will automatically form part of the
contract at an additional cost to the Bank
Not accepted
377 58 29 If there is any delay in the implementation of the project due to bidder
/partner’s fault in complying with time schedule furnished by the bidder
and accepted by the Bank, it will charge 1% on the total project
implementation cost to the bidder for each week of delay as penalty. Project
Implementation cost in this context refers to total expenditure expected to
be incurred by the bank for procurement, design and implementation of
software solutions required to lay down Enterprise-wide Integrated Risk
Management Architecture in accordance with the International Best
Practices and Guidelines of RBI/BCBS on Basel II, Basel- III. The cost does
not include Cost of Hardware procured for the implementation. This
penalty will be subject to an upper limit of 10% on the total project
implementation cost. Thereafter the order/contract may be cancelled and
amount paid if any, may be recovered with 1.25% interest per month. Any
deviations from the norms would be treated as breach of the contract by the
bidder and will be dealt with accordingly. The delay will be measured with
reference to time schedule to be specified in the contract to be entered with
the successful bidder.
If there is any delay in the implementation of the project due to
bidder /partner’s fault in complying with time schedule furnished by
the bidder and accepted by the Bank, it will charge 1% on the total
project implementation cost on the cost of undelivered portion to the
bidder for each week of delay as penalty. Project Implementation
cost in this context refers to total expenditure expected to be
incurred by the bank for procurement, design and implementation of
software solutions required to lay down Enterprise-wide Integrated
Risk Management Architecture in accordance with the International
Best Practices and Guidelines of RBI/BCBS on Basel II, Basel- III.
The cost does not include Cost of Hardware procured for the
implementation. This penalty will be subject to an upper limit of 10%
3% on the total project implementation cost. Thereafter the
order/contract may be cancelled and amount paid if any, may be
recovered with 1.25% interest per month. Any deviations from the
norms would be treated as breach of the contract by the bidder and
will be dealt with accordingly. The delay will be measured with
reference to time schedule to be specified in the contract to be
entered with the successful bidder.
Not accepted
378 59 30 Bidder is required to give undertaking in the format given Bidder is required to give undertaking in the format given, subject to
deviations proposed
Not accepted
379 59 30 As per RFP Request addition :
Confidential Information for the purpose of this clause shall not
include information that:
(a) was part of the public domain at the time of disclosure or
properly became part of the public domain, by publication or
otherwise;
(b) was rightfully acquired by the Selected Bidder prior to disclosure
by the Bank;
(c) was independently developed by Selected Bidder or its
representatives without reference to the Information; or
(d) is required to be disclosed by a government agency or by a proper
court of competent jurisdiction
Confidentiality obligation applicable to Bidder shall apply mutatis
mutandis on NABARD for any confidential information shared by
Bidder in relation to this RFP"
Not accepted
380 61 32.
a
The Bank, without prejudice to any other remedy for breach of contract, by
written notice of 30 days of default sent to the Successful Bidder, may
terminate this Contract in whole or in part:
a. If the Successful Bidder fails to deliver any or all of the deliverables
within the period(s) specified in the Contract, or within any extension
thereof granted by the Bank; or;
b. If the Successful Bidder fails to perform any other obligation(s) under
the contract.
c. If the Successful Bidder, in the judgment of the Bank has engaged in
corrupt or fraudulent practices in competing for or in executing the
Contract. Corrupt practice means the offering, giving, receiving or soliciting
of anything of value or influence the action of a public official in the
procurement process or in contract execution; and “fraudulent practice”
means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the Bank, and
includes collusive practice among Bidders (prior to or after bid submission)
designed to establish bid prices at artificial non-competitive levels and to
deprive the Bank of the benefits of free and open competition.
The Bank Either party, without prejudice to any other remedy for
breach of contract, by written notice of 30 days of default sent to the
Successful Bidder other party, may terminate this Contract in whole
or in part in the event that other party commits a material breach of
the contract. The bank may by written notice to the successful
bidder, may terminate this contract in whole or in part:
a. If the Successful Bidder fails to deliver any or all of the
deliverables within the period(s) specified in the Contract, or within
any extension thereof granted by the Bank; or;
b. If the Successful Bidder fails to perform any other obligation(s)
under the contract.
c. If the Successful Bidder, in the judgment of the Bank, after giving
an opportunity of being heard, has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract. Corrupt
practice means the offering, giving, receiving or soliciting of anything
of value or influence the action of a public official in the procurement
process or in contract execution; and “fraudulent practice” means a
misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of the Bank,
and includes collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-
competitive levels and to deprive the Bank of the benefits of free and
open competition.
In case of termination of contract, the bidder shall be paid for goods
delivered and/or services provided.
Not accepted
381 61 32 In the event, the Bank terminates the Contract in whole or in part, the Bank
may procure, upon such terms and in such manner as it deems
appropriate, Goods or Services similar to those undelivered, and the
Successful Bidder shall be liable to the Bank for any excess costs for such
similar Goods or Services. However, the Successful Bidder shall continue
performance of the Contract to the extent not terminated
In the event, the Bank terminates the Contract in whole or in part,
the Bank may procure, upon such terms and in such manner as it
deems appropriate, Goods or Services similar to those undelivered,
and the Successful Bidder shall be liable to the Bank for any excess
costs for such similar Goods or Services, provided that the bidder's
incremental liability will not exceed 3% of the fees paid/payable to
the bidder for the undelivered goods/services. However, the
Successful Bidder shall continue performance of the Contract to the
extent not terminated
Not accepted
382 61 32.
b)
If the Bidder becomes Bankrupt or insolvent, has a receiving order issued
against it, compounds with its creditors, or, if the Bidder is a corporation, a
resolution is passed or order is made for its winding up (other than a
voluntary liquidation for the purposes of amalgamation or reconstruction),
a receiver is appointed over any part of its undertaking or assets, or if the
Bidder takes or suffers any other analogous action in consequence of debt;
then the Bank may, at any time, terminate the contract by giving written
notice of 30 days to the Bidder. If the contract is terminated by the Bank in
terms of this Clause, termination will be without compensation to the
Bidder, provided that such termination will not prejudice or affect any right
of action or remedy which has accrued or will accrue thereafter to the Bank.
In case, the termination occurs before implementation in all the locations
in terms of this clause, the Bank is entitled to make its claim to the extent
of the amount already paid by the Bank to the Bidder.
If the Bidder becomes Bankrupt or insolvent, has a receiving order
issued against it, compounds with its creditors, or, if the Bidder is a
corporation, a resolution is passed or order is made for its winding
up (other than a voluntary liquidation for the purposes of
amalgamation or reconstruction), a receiver is appointed over any
part of its undertaking or assets, or if the Bidder takes or suffers any
other analogous action in consequence of debt; then the Bank may,
at any time, terminate the contract by giving written notice of 30
days 90 days to the Bidder. If the contract is terminated by the Bank
in terms of this Clause, termination will be without compensation to
the Bidder, provided that such termination will not prejudice or
affect any right of action or remedy which has accrued or will accrue
thereafter to the Bank. In case, the termination occurs before
implementation in all the locations in terms of this clause, the Bank
is entitled to make its claim to the extent of the amount already paid
in advance by the Bank to the Bidder to the extent of undelivered
work. In case of termination for insolvency, the bidder shall be paid
for:
a) Goods delivered;
b) Services rendered;
c) Work in progress;
d) Third party orders in pipeline which cannot be cancelled despite
contractor's best efforts
e) Unrecovered investments shall be paid by customer as per
termination schedule till the date of termination.
Not accepted
383 The Bank, by written notice of 30 days sent to the Bidder, may terminate
the Contract, in whole or in part, at any time at its convenience. The notice
of termination shall specify that termination is for the Bank’s convenience,
the extent to which performance of work under the Contract is terminated
and the date upon which such termination becomes effective.
Either Party The Bank, by written notice of 90 30 days sent to the
other Party Bidder, may terminate the Contract, in whole or in part,
at any time at its convenience. The notice of termination shall specify
that termination is for the Bank’s convenience, the extent to which
performance of work under the Contract is terminated and the date
upon which such termination becomes effective. The bidder shall be
paid for all goods/services rendered until the effective date of
termination.
Not accepted
384 The Bank shall be entitled to terminate the agreement with the Bidder at
any time by giving thirty (30) days prior written notice to the Bidder. The
Bidder shall have right to terminate only in the event of winding up of the
Bank
Either Party The Bank shall be entitled to terminate the agreement
with the Bidder at any time by giving thirty (30) days prior written
notice to the other Party Bidder. The Bidder shall have right to
terminate only in the event of winding up of the Bank
Not accepted
385 In the event of termination of the Contract due to any cause whatsoever,
[whether consequent to the stipulated term of the Contract or otherwise],
the Bank shall be entitled to impose any such obligations and conditions
and issue any clarifications as may be necessary to ensure an efficient
transition and effective business continuity of the Service(s) which the
Bidder shall be obliged to comply with and take all available steps to
minimize loss resulting from that termination/breach, and further allow
the next successor Bidder to take over the obligations of the erstwhile
Bidder in relation to the execution/continued execution of the scope of the
Contract.
Request deletion and to replaced with: The parties will mutually
agree upon the terms of the reverse transition, which shall not
exceed 6 months.
Not accepted
386 In the event that the termination of the Contract is due to the expiry of the
term of the Contract, a decision not to grant any (further) extension by the
Bank, the Bidder herein shall be obliged to provide all such assistance to
the next successor Bidder or any other person as may be required and as
the Bank may specify including training, where the successor(s) is a
representative/personnel of the Bank to enable the successor to adequately
provide the Service(s) hereunder, even where such assistance is required to
be rendered for a reasonable period that may extend beyond the
term/earlier termination hereof
Request deletion and to replaced with: The parties will mutually
agree upon the terms of the reverse transition, which shall not
exceed 6 months.
Not accepted
387 32.
e)
Nothing herein shall restrict the right of the Bank to invoke the
Performance Bank Guarantee and other guarantees, securities furnished
and pursue such other rights and/or remedies that may be available to the
Bank under law or otherwise.
Nothing herein shall restrict the right of the Bank to invoke the
Performance Bank Guarantee and other guarantees, securities
furnished and pursue such other rights and/or remedies that may be
available to the Bank under law or otherwise.
Not accepted
388 63 The Bank reserves the right to cancel the contract in the event of happening
one or more of the following Conditions:
i. Failure of the bidder to agree on the terms of the contract within 30 days
from the date of communication of award by the Bank and sharing of terms
of contract by the Bank. If the bidder does not meet these criteria, then the
Bank may at its discretion declare the next best bidder as the successful
bidder.
ii. Failure of the successful Bidder to furnish the Performance Guarantee
within 30 days from the date of signing of the Contract by the Bank and the
Bidder.
iii. Delay in completing installation / implementation and acceptance tests/
checks beyond the specified periods;
iv. Serious discrepancy in functionality to be provided or the performance
levels agreed upon, which have an impact on the functioning of the Bank
The Bank reserves the right to cancel the contract in the event of
happening one or more of the following Conditions and subject to a
30 days' cure period:
i. Failure of the bidder to agree on the terms of the contract within
30 days from the date of communication of award by the Bank and
sharing of terms of contract by the Bank, unless such failure is due to
Bank not considering the terms proposed by the bidder. If the bidder
does not meet these criteria, then the Bank may at its discretion
declare the next best bidder as the successful bidder.
ii. Failure of the successful Bidder to furnish the Performance
Guarantee within 30 days from the date of signing of the Contract by
the Bank and the Bidder.
iii. Delay in completing installation / implementation and acceptance
tests/ checks beyond the specified periods;
iv. Serious discrepancy in functionality to be provided or the
performance levels agreed upon, which have an impact on the
functioning of the Bank
Not accepted
389 However, the Bank shall have the sole discretion to ascertain whether such
Plan has been complied with.
of arbitration Proceedings, the Bidder will be expected to continue the
facilities management services. The Bank shall have the sole and absolute
discretion to decide whether proper reverse transition mechanism over a
period of 6 to 12 months, has been complied with. Reverse Transition
mechanism would typically include service and tasks that are required to be
performed / rendered by the Bidder to the Bank or its designee to ensure
smooth handover, transitioning of application knowledge, Bank’s
deliverables, and maintenance and facility management
However, the Bank shall have the sole discretion to ascertain
whether such Plan has been complied with.
commencement of arbitration Proceedings, the Bidder will be
expected to continue the facilities management services. The Bank
shall have the sole and absolute discretion to decide whether proper
reverse transition mechanism over a period of 6 to 12 months, has
been complied with. Reverse Transition mechanism would be
mutually agreed upon by the Parties in writing would typically
include service and tasks that are required to be performed /
rendered by the Bidder to the Bank or its designee to ensure smooth
handover, transitioning of application knowledge, Bank’s
deliverables, and maintenance and facility management
Not accepted
390 In addition to the cancellation of contract, Bank reserves the right to
appropriate the damages through encashment of Performance Guarantee
given by the Bidder.
In addition to the cancellation of contract, Bank reserves the right to
appropriate the damages through encashment of Performance
Guarantee given by the Bidder.
Not accepted
391 33 If conditions are stipulated, at the time of submission 'Quotations', they will
be liable to summarily rejected.
Request deletion as the bidder has proposed deviations to the RFP Not accepted
392 34 The Bank reserves the right to alter quantities and/or components of
EWIRMS solution to be purchased on the same terms and conditions under
CVC guidelines
The Bank reserves the right to alter quantities and/or components of
EWIRMS solution to be purchased on mutually agreed the same
terms and conditions under CVC guidelines
Not accepted
393 35 Decision of the Bank in this regard will be final and shall not be questioned
in arbitration or other legal proceedings
Request deletion as the decision if questioned, shall be settled by the
arbitrator/court
Not accepted
394 The Bidder shall be entrusted with end to end responsibility for the
execution of the project under the scope of this RFP
The Bidder shall be entrusted with end to end responsibility for the
execution of the project under the scope of this RFP, subject to
deviations proposed
Not accepted
395 As per RFP The Escrow arrangement suggested by the vendor shall not be
binding on the Bank.
Not accepted
396 73 As per RFP Post the initial contract term, the Bank may wish to continue using
the software with/ without paying the required AMC/ ATS Fee on
mutually agreed terms. The offered solutions must provide all the
functionalities mentioned as per Annexure 31, subject to deviations
proposed
Not accepted
397 74 The installation of the base product will be considered complete only after
demonstration of functional features of the software as given in RFP and as
per documented procedure and as acceptable to the Bank. The solution
must comply with all applicable requirements defined by any regulatory,
statutory or legal body which shall include but not be limited to RBI or
other Regulatory Authority, judicial courts in India and as of the date of
execution of Agreement.
The installation of the base product will be considered complete only
after demonstration of functional features of the software as given in
the Contract RFP and as per documented procedure and as
acceptable to the Bank. The solution must comply with all applicable
requirements defined by any regulatory, statutory or legal body
which shall include but not be limited to RBI or other Regulatory
Authority, judicial courts in India and as of the date of execution of
Agreement.
Not accepted
398 All information processed, stored, or transmitted by successful Bidder’s
software belongs to the Bank. Any information considered sensitive by the
Bank must be protected by the successful Bidder from unauthorized
disclosure, modification or access. The Bank’s decision will be final
All information processed, stored, or transmitted by successful
Bidder’s software belongs to the Bank, subject to the Bidder's IPR or
a third party's IPR. Any information marked considered sensitive by
the Bank must be protected by the successful Bidder from
unauthorized disclosure, modification or access. The Bank’s decision
will be final No intellectual property rights of any nature shall be
transferred from one party to the other in the course of performing
any obligations or otherwise under this agreement unless agreed by
the parties. For the avoidance of doubt, Bidder may use certain tools,
processes or methodologies of its own in performing the Services.
Ownership of all intellectual property rights and any other rights in
these shall vest with Bidder, and no rights shall be deemed to have
accrued to the Customer.
Not accepted
399 The bidder should adhere to laws of land and rules, regulations and
guidelines prescribed by various regulatory, statutory and Government
authorities in India. The Bank reserves the right to conduct an
audit/ongoing audit of the services provided by the bidder. The Bank
reserves the right to ascertain information from the Banks and other
institutions to which the bidders have rendered their services for execution
of similar projects
The bidder should adhere to applicable laws of land and rules,
regulations and guidelines prescribed by various regulatory,
statutory and Government authorities in India. The Bank reserves
the right to conduct an audit/ongoing audit of the services provided
by the bidder. The Bank reserves the right to ascertain information
from the Banks and other institutions to which the bidders have
rendered their services for execution of similar projects at its cost
and expense
Not accepted
400 Bidder shall afford the Bank’s representatives access to the Bidder’s
facilities, installations, technical resources, operations, documentation,
records, databases and personnel. The Bidder must provide the Bank
access to various monitoring and performance measurement systems (both
manual and automated). The Bank has the right to get the monitoring and
performance Measurement systems (both manual and automated) audited
without prior approval / notice to the Bidder
Bidder shall afford the Bank’s representatives access to the Bidder’s
facilities, installations, technical resources, operations,
documentation, records, databases and personnel, limited to the
scope of the engagement. The Bidder must provide the Bank access
to various monitoring and performance measurement systems (both
manual and automated). The Bank has the right to get the
monitoring and performance Measurement systems (both manual
and automated) audited without prior approval / notice to the
Bidder
Not accepted
401 Audits will normally be done on monthly/quarterly basis or as required by
Bank and will be performed by Bank or Bank appointed third party
agencies.
Audits will normally be done on monthly/quarterly basis or as
required by Bank and will be performed by Bank or Bank appointed
third party agencies. The third party agencies appointed by bank
should not be the competitor of the bidder.
Not accepted
402 32 As per RFP Request to be added: Notwithstanding anything to the contrary
contained anywhere in the RFP, the maximum aggregate penalties
and liquidated damages that can be imposed on the bidder during
the term of the contract shall not exceed 3% of the total
implementation cost.
Not accepted
403 As per RFP
*Appropriate decision of extending the implementation period will be taken
by bank, if required.
*Appropriate decision of extending the implementation period will
be taken by bank, if required.
*If required by bank, that the implementation period should be
extended the same may be extended after discussion with the bidder.
The pricing and other terms and conditions will be taken care
accordingly at the time of extension.
Not accepted
404 During the period of AMC/ ATS, if the service provided by the Bidder is not
satisfactory, the Bank reserves the right to terminate the AMC/ ATS
contract and appoint any other agency at the risk and cost of the Bidder
During the period of AMC/ ATS, if the service provided by the Bidder
is not as per agreed specifications satisfactory, the Bank reserves the
right to terminate the AMC/ ATS contract and appoint any other
agency at the risk and cost of the Bidder, provided that the bidder's
incremental liability in such a case shall not exceed 3% of the fees
paid/payable to bidder for the defaulting work.
Not accepted
405 In the event of failure of maintaining the uptime SLA liquidated damages
of 10,000/- per hour with a grace period of 120 minutes. The liquidated
damages mentioned under this clause shall be independent of liquidated
damages/penalty mentioned in clause 29 of this RFP
In the event of failure of maintaining the uptime SLA liquidated
damages of INR 2000 10,000/- per hour with a grace period of 120
minutes, subject to a maximum of 3% of the value of the defaulting
services. The liquidated damages mentioned under this clause shall
be independent of liquidated damages/penalty mentioned in clause
29 of this RFP
Not accepted
406 37 Any software support like update/enhancement/software upgrade etc.
released till the completion of warranty and during annual maintenance
shall be supplied, installed and commissioned free of cost by the bidder.
Any software support like update/enhancement/software upgrade
etc. released till the completion of warranty and during annual
maintenance shall be supplied, installed and commissioned free of
cost at cost to the bank by the bidder.
Not accepted
407 84 The bidder shall acknowledge in writing receipt of the notification of
selection and has to convey his absolute, unconditional and unqualified
acceptance and thereafter enter into agreement / Contract within 30 days
from the date on which selection is notified to bidder
The bidder shall acknowledge in writing receipt of the notification of
selection and has to convey his absolute, unconditional and
unqualified acceptance, subject to deviations proposed and
thereafter enter into agreement / Contract with mutually agreed
terms within 30 days from the date on which selection is notified to
bidder unless the parties are not able to conclude on the terms of the
contract.
Not accepted
408 The selected bidder cannot change the Project Manager or any other
members of the team/s during the entire period of execution of the
implementation project unless consented in writing by the Bank
The selected bidder cannot change the Project Manager or any other
members of the team/s during the entire period of execution of the
implementation project unless consented in writing by the Bank or
unless such change is due to reasons beyond the bidder's control.
Not accepted
409 The Bidders should sign the Contract Form. A specimen of contract
proposed to be executed with the successful bidder is given in Annexure-15.
Besides, the successful bidder should also sign a non-disclosure agreement
in the format specified in Annexure-3. The signing of contract shall be
completed within 30 days of receipt of notification of the acceptance of bid
The Bidders should sign the Contract Form. A specimen of contract
proposed to be executed with the successful bidder is given in
Annexure-15, subject to deviations proposed. Besides, the successful
bidder should also sign a non-disclosure agreement in the format
specified in Annexure-3, subject to deviations proposed. The signing
of contract shall be completed within 30 days of receipt of
notification of the acceptance of bid unless the parties are not able to
conclude on the terms of the contract.
Not accepted
410 Successful bidder shall indemnify, protect and save the Bank against all
claims, losses, costs, damages, expenses, action, suits and other
proceedings, resulting from infringement of any patent, trademarks,
copyrights etc. or such other statutory infringements under the Copy Rights
Act, 1957 or IT Act 2008 or any Act in force at that time in respect of all the
hardware, software and network equipment or other systems supplied by
bidder to the Bank from whatsoever source
Successful bidder shall indemnify, protect and save the Bank against
all third party claims, losses, costs, damages, expenses, action, suits
and other proceedings, resulting from infringement of any patent,
trademarks, copyrights etc. or such other statutory infringements
under the Copy Rights Act, 1957 or IT Act 2008 or any Act in force at
that time in respect of all the hardware, software and network
equipment or other systems supplied by bidder to the Bank from
whatsoever source
Not accepted
411 Furnishing of such other documents as NABARD may specify Furnishing of such other documents as Parties may agree NABARD
may specify
Not accepted
412 The bidder shall not be entitled to make any claim, whatsoever, against
NABARD, under or by virtue of or arising out of, the Contract/Agreement,
nor shall NABARD entertain or consider any such claim, if made by the
Bidder after he has signed a ‘No Claim’ Certificate in favour of NABARD in
such forms as shall be required by NABARD after the implementation of
risk management software solution is completed to the satisfaction of the
Bank.
The Bidder Parties shall not be entitled to make any claim,
whatsoever against other party NABARD, under or by virtue of or
arising out of, the contract/Agreement, nor shall NABARD entertain
or consider any such claim, if made by the party Bidder after he has
signed a “No claim” certificate in favour of NABARD in such form as
shall be required by NABARD after the implementation of risk
management software solution is completed to the satisfaction of the
bank.
Not accepted
413 The bidder shall share its technology strategies and research &
development efforts, conducted in the course of this assignment with
NABARD.
The bidder shall use commercially reasonable efforts to share its
technology strategies and research & development efforts, conducted
in the course of this assignment with NABARD.
Not accepted
414 If it comes to the notice of the Bank that the bidder has suppressed any
information either intentionally or otherwise, or furnished misleading or
inaccurate information, the Bank reserves the right to disqualify the bidder.
If such information comes to the knowledge of the Bank after the award of
work, NABARD reserves the right to terminate the Contract unilaterally at
the total cost and risk of the bidder. The Bank also reserves the right to
recover any dues payable
by the selected bidder from any amount outstanding to his credit, including
the pending bills etc., if any. The Bank will also reserve the right to recover
any Advance paid
If it comes to the notice of the Bank that the bidder has suppressed
any information either intentionally or otherwise, or furnished
misleading or inaccurate information wilfully , the Bank reserves the
right to disqualify the bidder. If such information comes to the
knowledge of the Bank after the award of work, NABARD reserves
the right to terminate the Contract after giving an opportunity to be
heard unilaterally at the total cost and risk of the bidder. The Bank
also reserves the right to recover any dues payable by the selected
bidder from any amount outstanding to his credit, including the
pending bills etc., if any. The Bank will also reserve the right to
recover any Advance paid for any undelivered work
Not accepted
415 90 Annexure 2 We also confirm having read and understood the terms of RFP as well
scope work & having read and understood the terms of RFP as well as the
scope work & requirements.
We also confirm having read and understood the terms of RFP as
well scope work & having read and understood the terms of RFP as
well as the scope work & requirements. We have proposed deviations
to the RFP which forms a part of our proposal
Not accepted
416 92 Annexure 3 Information such as (i) intellectual property information; (ii) technical or
business information or material not covered in (i); (iii) proprietary or
internal information relating to the current, future and proposed products
or services of NABARD including, financial information, process/flow
charts, business models, designs, drawings, data information related to
products and services, procurement requirements, purchasing, customers,
investors, employees, business and contractual relationships, business
forecasts, business plans and strategies, information the Parties provide
regarding third parties
Information such as (i) intellectual property information; (ii)
technical or business information or material not covered in (i); (iii)
proprietary or internal information relating to the current, future
and proposed products or services of NABARD including, financial
information, process/flow charts, business models, designs,
drawings, data information related to products and services,
procurement requirements, purchasing, customers (excluding
personal data), investors, employees, business and contractual
relationships, business forecasts, business plans and strategies,
information the Parties provide regarding third parties
Not accepted
417 The obligations of this clause shall survive the expiration, cancellation or
termination of this Agreement
Notwithstanding anything to the contrary contained herein, the
Agreement shall be valid for a period of two years and The
obligations of this clause shall survive the expiration, cancellation or
termination of this Agreement for a period of two years. To the
extent that the bidder shares its confidential or proprietary
information with the Bank for effective performance of the services,
the provisions of this Agreement shall apply mutatis mutandis on the
bank.
Not accepted
418 Notwithstanding the marking and identification requirements above, the
following categories of information shall be treated as Confidential
Information under this Agreement irrespective of whether it is marked or
identified as confidential: a) Information regarding ‘NABARD’ and any of
its Affiliates, customers and their accounts (“Customer Information”).
Personnel information; or
Notwithstanding the marking and identification requirements above,
the following categories of information shall be treated as
Confidential Information under this Agreement irrespective of
whether it is marked or identified as confidential: a) Information
regarding ‘NABARD’ and any of its Affiliates, customers and their
accounts (“Customer Information”). Personnel information; or
Not accepted
419 96 Obligation of confidentiality contemplated under this Agreement shall
continue to be binding and applicable without limit in point in time. The
Implementation partner agrees and undertake to treat Confidential
Information as confidential for a period of [five (5)] years from the date of
receipt and in the event of earlier termination of the Contract/Agreement,
the Parties hereby agree to maintain the confidentiality of the Confidential
Information for a further period of [two (2)] years from the date of such
early termination.
Obligation of confidentiality contemplated under this Agreement
shall continue to be binding and applicable for a period of two years
from expiry without limit in point in time. The Implementation
partner agrees and undertake to treat Confidential Information as
confidential for a period of two [five (5)] years from the expiry date of
receipt and in the event of earlier termination of the
Contract/Agreement the Parties hereby agree to maintain the
confidentiality of the Confidential Information for a further period of
five [two (2)] years from the date of such early termination.
Not accepted
420 Any claim for relief to NABARD shall include NABARD’s costs and
expenses of enforcement (including the attorney's fees).
Any claim for relief to NABARD shall include NABARD’s costs and
expenses of enforcement (including the attorney's fees) and shall be
awarded by a court of competent jurisdiction.
Not accepted
421 103 State pending or past litigation if any within the last 3 years with details
and explain reasons. Please also mention any claims/complaints received in
the last three years
These details cannot be provided as they are confidential. There are
no material litigation that will adversely affect bidder's performance
under the contract
Not accepted
422 111 Basel II and Basel III, inconformity with the said Bidding documents for
the sum of ...................………….. (Total amount in words and figures) or
such other sums as may be ascertained in accordance with the commercial
bid for hardware and software and total cost of ownership (termed as
Annexure-12 in your RFP) attached herewith and made part of this
Proposal. We undertake, if our Proposal is accepted, to deliver, install and
commission the system, in accordance with Requirements specified within
the RFP for Solution to Implement Enterprise wide Integrated Risk
Management Architecture in accordance with the International Best
Practices and Guidelines of RBIon Basel I, Basel II and Basel- III We agree
to abide by the Proposal and the rates quoted therein for the orders
awarded by the Bank. Until a formal contract is prepared and executed, this
bid, together with your written acceptance thereof and your notification of
award shall constitute a binding Contract between us
Basel II and Basel III, inconformity with the said Bidding documents
for the sum of ...................………….. (Total amount in words and
figures) or such other sums as may be ascertained in accordance with
the commercial bid for hardware and software and total cost of
ownership (termed as Annexure-12 in your RFP) attached herewith
and made part of this Proposal, subject to deviations proposed. We
undertake, if our Proposal is accepted, to deliver, install and
commission the system, in accordance with Requirements specified
within the RFP for Solution to Implement Enterprise wide Integrated
Risk Management Architecture in accordance with the International
Best Practices and Guidelines of RBIon Basel I, Basel II and Basel-
III, subject to deviations proposed. We agree to abide by the
Proposal and the rates quoted therein for the orders awarded by the
Bank. Until a formal contract is prepared and executed, this bid,
deviations proposed, together with your written acceptance thereof
and your notification of award shall constitute a binding Contract
between us
Not accepted
423 As per RFP No query/clarification sought
424 116 We, the undersigned bidder, having read and examined the aforesaid RFP
document in detail, do hereby propose to extend the services as specified in
the Tender document number ................. dated ................ and submit the
following as per requirement. Technical bid and commercial bid inside
separate envelopes in prescribed formats. We also undertake to have read,
understood and accepted the terms and conditions specially those related
to evaluation and selection processes mentioned in the RFP. Having
submitted our response to the aforesaid RFP, we also understand not to
have any option to raise any objection against any of the said processes
defined in the RFP in any future date.
We, the undersigned bidder, having read and examined the aforesaid
RFP document in detail, do hereby propose to extend the services as
specified in the Tender document number ................. dated ................
and submit the following as per requirement, subject to deviations
proposed. Technical bid and commercial bid inside separate
envelopes in prescribed formats. We also undertake to have read,
understood and accepted the terms and conditions specially those
related to evaluation and selection processes mentioned in the RFP.
Having submitted our response to the aforesaid RFP, we also
understand not to have any option to raise any objection against any
of the said processes defined in the RFP in any future date, subject to
deviations proposed .
Not accepted
425 118 We hereby convey our absolute, unconditional and unqualified acceptance
for the work and activities as per the Scope of Work mentioned in the
subject RFP
We hereby convey our absolute, unconditional and unqualified
acceptance for the work and activities as per the Scope of Work
mentioned in the subject RFP, subject to deviations proposed
Not accepted
426 119 the Implementation partner hereby agrees with the Purchaser to provide or
render the Services, to furnish necessary undertakings, etc. as mentioned in
the RFP documents, this Agreement (hereinafter collectively referred to as
“the said documents”) strictly in conformity in all respects with the
provisions of the said documents
the Implementation partner hereby agrees with the Purchaser to
provide or render the Services, to furnish necessary undertakings,
etc. as mentioned in the RFP documents, this Agreement
(hereinafter collectively referred to as “the said documents”) strictly
in conformity in all respects with the provisions of the said
documents, subject to deviations proposed
Not accepted
427 In this Agreement words and expressions shall have the same meanings as
are respectively assigned to them in the terms and conditions of RFP /
Contract / Agreement referred to.
(2) The RFP Document titled_________________________ shall be
deemed to form and be read and construed as part of this Agreement,
which, inter alia, includes
a. Scope of Work
b. Objective of RFP document
c. Eligibility Criteria
d. Functional and Technical requirements
e. Payment terms
f. Submission of bids
Request deletion as the Contract to be signed between the parties
will be the final, binding document
Not accepted
428 The Purchaser hereby agrees and covenants to pay the Implementation
partner in consideration of the rendering of the Services and the remedying
of defects, if any therein, etc., the Contract price as may become payable
under the provisions of the said documents at the times and in the manner
prescribed by the said documents. The Implementation partner shall
provide the services and documents and records as per the scope of the
service / work as contained in the said documents
The Purchaser hereby agrees and covenants to pay the
Implementation partner in consideration of the rendering of the
Services and the remedying of defects, if any therein, etc., the
Contract price as may become payable under the provisions of the
said documents at the times and in the manner prescribed by the
said documents, subject to deviations proposed. The Implementation
partner shall provide the services and documents and records as per
the scope of the service / work as contained in the said documents,
subject to deviations proposed
Not accepted
429 That the Implementation partner is not involved in any litigation, potential,
threatened and existing, that may have an impact of affecting or
compromising the performance of Service under the Contract/Agreement.
No inquiries or investigations have been threatened, commenced or
pending against the Implementation partner or its team members by any
statutory or regulatory or investigative agencies
That, as of the date of the bid submission, the Implementation
partner is not involved in any material litigation, potential,
threatened and existing, that may have an adverse impact of
affecting or compromising the performance of Service under the
Contract/Agreement. No inquiries or investigations have been
threatened, commenced or pending against the Implementation
partner or its team members by any statutory or regulatory or
investigative agencies as of the date of submission of the bid that
would materially affect the ability to render services to the Bank
under this Agreement
Not accepted
430 unless NABARD specifies to the contrary, the Implementation partner shall
be bound by all the terms of the bid. That all conditions precedent under
the Contract/Agreement / bid document have been complied.
unless NABARD specifies to the contrary, the Implementation
partner shall be bound by all the terms of the bid. That all conditions
precedent under the Contract/Agreement / bid document have been
complied.
Not accepted
431 122 That the Implementation Partner confirms that there has not and shall not
occur any execution, amendment or modification of any
agreement/contract without the prior written consent
of NABARD , which may directly or indirectly have a bearing on the
Contract/Agreement
That the Implementation Partner confirms that there has not and
shall not occur any execution, amendment or modification of this
Contract with the Bank without prior written consent any
agreement/contract without the prior written consent
of NABARD , which may directly or indirectly have a bearing on the
Contract/Agreement
Not accepted
432 Implementation partner shall indemnify and keep NABARD harmless and
indemnified from and against all claims, liabilities, losses and incurred
costs, fines, penalties, expenses, taxes, assessment, punitive damages, fees
(including advocate’s/ attorney’s fee), liabilities, judgments, awards,
assessments, obligations, damages, etc., which NABARD may suffer or
incur arising out of, or in connection with:
a) any act, neglect, default or omission on the part of the Implementation
partner, its subsidiaries or any person associated with the Implementation
partner, including but not limited to liabilities arising from non compliance
of Standards and Regulations prescribed by regulator, from time to time,
unauthorized use or disclosure of Confidential Information and failure to
comply with data protection as prescribed from time to time;
b) any breach by the Implementation partner of the terms and conditions
of its engagement or its obligations under the said documents;
Implementation partner shall indemnify and keep NABARD
harmless and indemnified from and against all third party claims,
liabilities, losses and incurred costs, fines, penalties, expenses, taxes,
assessment, punitive damages, fees (including advocate’s/ attorney’s
fee), liabilities, judgments, awards, assessments, obligations,
damages, etc., which NABARD may suffer or incur arising out of, or
in connection with:
a) any grossly negligent act, wilful neglect, wilful default or
intentional omission on the part of the Implementation partner, its
subsidiaries or any person associated with the Implementation
partner, including but not limited to liabilities arising from non
compliance of Standards and Regulations prescribed by regulator,
from time to time, unauthorized use or disclosure of Confidential
Information (excluding personal data) and failure to comply with
data protection as prescribed from time to time;
b) any breach by the Implementation partner of the terms and
conditions of its engagement or its obligations under the said
documents;
Not accepted
433 NABARD may terminate this Agreement/Contract for any breach of the
terms and conditions of this Agreement/Contract / bid by giving 15 days
notice to the Implementation partner requiring it to make good the
default(s) within notice period
Either Party NABARD may terminate this Agreement/Contract for
any breach of the terms and conditions of this Agreement/Contract /
bid by giving 30 15 days notice to the other Party Implementation
partner requiring it to make good the default(s) within notice period
Not accepted
434 Without prejudice to the right to effect the penalty conditions mentioned
within Service Level Agreement mentioned within the said documents,
NABARD may impose penalty, if there is any delay in the implementation
of the project due to implementation partner’s fault in complying with time
schedule specified in this contract. The penalty shall be levied at 1% on the
total project implementation cost to the bidder for each week of delay. This
penalty will be subject to an upper limit of 10% on the total project
implementation cost. Thereafter the order/contract may be cancelled and
amount paid if any, may be recovered with 1.25% interest per month. If the
delay exceeds six weeks, NABARD reserves the right to terminate the
services Agreement unconditionally.
Without prejudice to the right to effect the penalty conditions
mentioned within Service Level Agreement mentioned within the
said documents, NABARD may impose penalty, if there is any delay
in the implementation of the project due to implementation partner’s
fault in complying with time schedule specified in this contract. The
penalty shall be levied at 1% on the total project implementation cost
to the bidder for each week of delay. This penalty will be subject to
an upper limit of 3% 10% on the total project implementation cost.
Thereafter the order/contract may be cancelled and amount paid if
any, may be recovered with 1.25% interest per month. If the delay
exceeds six weeks, NABARD reserves the right to terminate the
services Agreement unconditionally.
Not accepted
435 The Implementation partner shall individually obtain the necessary
regulatory approvals from the RBI or other regulatory bodies, if any
required, for the Contract .
The Implementation partner shall individually obtain the necessary
regulatory approvals from the RBI or other regulatory bodies, if any
required to perform its services, for the Contract
Not accepted
436 One of the conditions of the said tender is that the Contractor shall furnish
to NABARD a Performance Bank Guarantee (PGB) for an amount of 10% of
the total value order of works i.e._________________________
(Rupees only) in favour of NABARD for the due and faithful performance
of the contract in all respects as per the conditions as set forth in the
Tender by the Contractor.
One of the conditions of the said tender is that the Contractor shall
furnish to NABARD a Performance Bank Guarantee (PGB) for an
amount of 10% of the total value order of works
i.e._________________________ (Rupees only) in favour of
NABARD for the due and faithful performance of the contract in all
respects as per the conditions as set forth in the Tender by the
Contractor, subject to deviations proposed.
Not accepted
437 133 Bid Security (BS) shall not bear any interest and which shall be liable for
forfeiture in the event of the Tenderer, after acceptance of his tender by
NABARD, failing to observe any of the terms and conditions of the tender
or the Tenderer not supplying the said software to the satisfaction of
NABARD and / or its Consultants.
Request deletion as these are not grounds to forfeit EMD Agreed. As per para18 of the RFP and also para 5.2 of Annexure 20 (Pre-contract
Integrity Pact),The Earnest Money Deposit of the successful Vendor/Bidder shall be
released on receipt of the Performance Bank Guarantee.
438 Tenderer will execute the Agreement soon upon acceptance of the tender
by NABARD and will diligently, efficiently and satisfactorily perform all
their obligations under the various terms and conditions of the said tender
and supply the said software in the satisfaction of the NABARD / its
Consultants within the time stipulated therein, failing which WE
the__________________________Bank shall, on demand and
without demur, pay unto the NABARD the sum of `. --------------/- (Rupees-
--------------------------------------------------- only) at its office at Mumbai.
Tenderer will execute the mutually agreed Agreement soon upon
acceptance of the tender by NABARD and will diligently, efficiently
and satisfactorily perform all their obligations under the various
terms and conditions of the said tender, subject to deviations
proposed and supply the said software in the satisfaction of the
NABARD / its Consultants within the time stipulated therein, failing
which WE the__________________________Bank shall, on
demand and without demur, pay unto the NABARD the sum of `. -----
---------/- (Rupees---------------------------------------------------- only)
at its office at Mumbai.
Not accepted
439 that the decision of NABARD on the breach of any of the terms and
conditions of the said contract / tender by the Tenderers or their failure to
perform their obligations or discharge their duties under the said tender /
contract shall be final and binding on us and shall not be disputed by us
inside or outside the court, tribunal, arbitration or other authority;
that the decision of NABARD on the breach of any of the terms and
conditions of the said contract / tender by the Tenderers or their
failure to perform their obligations or discharge their duties under
the said tender / contract shall be final and binding on us and shall
not be disputed by us inside or outside the court, tribunal,
arbitration or other authority;
Not accepted
440 we hereby agree to renew this guarantee for such further period or periods
at the request of NABARD in the event of the works specified in the Tender
are finally awarded to the Tenderers and / or the works awarded are not
completed within the stipulated period and such renewal shall be entirely
at the cost and expense of the Tenderer.
we hereby agree to renew this guarantee for such further period or
periods at the request of NABARD in the event of the works specified
in the Tender are finally awarded to the Tenderers and / or the works
awarded are not completed within the stipulated period and such
renewal shall be entirely at the cost and expense of the Tenderer.
Notwithstanding the above, the amount shall be returned to the
bidder within 15 days of award of the contract
Not accepted
441 136 If the Bidder or any employee of the Bidder or any person acting on behalf
of the Bidder either directly or indirectly is a relative of any of the officers of
the BUYER, or alternatively if any relative of an officer of the BUYER has
financial interest/stake in the Bidder's firm, the same shall be disclosed by
the Bidder at the time of filling of tender
If the Bidder or any employee of the Bidder or any person acting on
behalf of the Bidder who is actively involved in this deal either
directly or indirectly is a relative of any of the officers of the BUYER,
or alternatively if any relative of an officer of the BUYER has
significant financial interest/stake (over 2% shareholding) in the
Bidder's firm, the same shall be disclosed by the Bidder at the time of
filling of tender
Not accepted
442 To recover all sums already paid by the BUYER, and in case of an Indian
BIDDER with interest thereon at 2% higher than the prevailing Prime
Lending Rate of State Bank of India, while in case of a BIDDER from a
country other than India with interest thereon at 2%, higher than the
LIBOR. If any outstanding payment is due to the BIDDER from the BUYER
in connection with another contract for any other stores, such outstanding
payment could also be utilized to recover the aforesaid sum and interest.
v. To encash the advance bank guarantee and performance bond/warranty
bond, if furnished by the BIDDER, in order to recover the payments,
already made by the BUYER, along with interest.
To recover all sums already paid by the BUYER, and in case of an
Indian BIDDER with interest thereon at 2% higher than the
prevailing Prime Lending Rate of State Bank of India, while in case
of a BIDDER from a country other than India with interest thereon
at 2%, higher than the LIBOR. If any outstanding payment is due to
the BIDDER from the BUYER in connection with another contract
for any other stores, such outstanding payment could also be utilized
to recover the aforesaid sum and interest.
v. To encash the advance bank guarantee and performance
bond/warranty bond, if furnished by the BIDDER, in order to
recover the payments, already made by the BUYER, along with
interest.
Not accepted
443 Fall Clause Request deletion Not accepted
444 143 This Undertaking shall continue perpetually unless and to the extent that
you may release it in writing and we shall be liable for any breach of the
terms and conditions contained herein.
This Undertaking shall continue for a period of five years from the
date of release of RFP perpetually unless and to the extent that you
may release it in writing and we shall be liable for any breach of the
terms and conditions contained herein.
Not accepted
445 145 We shall submit the RFP document as per your prescribed specifications
for Technical & Commercial Bid. I /We shall submit a signed copy of the
RFP, as token acceptance all terms.
We shall submit the RFP document as per your prescribed
specifications for Technical & Commercial Bid, subject to deviations
proposed. I /We shall submit a signed copy of the RFP, as token
acceptance all terms.
Not accepted
446 We hereby declare that we have not been placed on any black list declared
by any Bank , Financial Institution Govt's Vendor Black List except as
indicated below
We hereby declare that as of the date of the bid submission, we have
not been placed on any black list declared by any Bank , Financial
Institution Govt's Vendor Black List
Not accepted
447 147 The Offer must specify the unconditional willingness to abide by the Terms
and Conditions of the Tender
Request deletion as the bidder has proposed deviations to the RFP Not accepted
448 151 We declare that we have not been blacklisted/ debarred by any regulatory/
statutory authority/ PSU/ Government Client/ Bank/ FI.
We declare that, as on date, no legal action has been initiated against us for
any cause in any legal jurisdiction/ That, as on date legal action has been
initiated against us in respect of …………….(as per details enclosed),
however, the same does not affect our ability to deliver the RfP
requirements.
We declare that, as of the date of submission of the bid, we have not
been blacklisted/ debarred by any regulatory/ statutory authority/
PSU/ Government Client/ Bank/ FI. We declare that, as on date, no
legal action has been initiated against us for any cause in any legal
jurisdiction that / That, as on date legal action has been initiated
against us in respect of …………….(as per details enclosed), however,
the same does not materially affect our ability to deliver the RfP
requirements.
Not accepted
449 152 As per RFP Request deletion as we have already agreed to certain indemnity
provisions which will form a part of the MSA. We cannot agree to an
indemnity letter
Not accepted
450 248 Bidder to provide all system related updates/modifications on account of
regulatory requirements affecting domestic or international operations in
respect of the Operational Risk Management System, including Advanced
Approaches under Basel II without any additional licensing costs during
the implementation and AMC period
Bidder to provide all system related updates/modifications on
account of regulatory requirements affecting domestic or
international operations in respect of the Operational Risk
Management System, including Advanced Approaches under Basel II
without any additional licensing costs during the implementation
and AMC period
Not accepted
451 255 I/we, the undersigned offer to provide the desired solution and services for
captioned project in conformity with the terms desired solution and
services for captioned project in conformity with the terms and conditions
of the said RFP and in accordance with our proposal and the schedule of
prices indicated in the Price Bid and made part of this bid.
I/we, the undersigned offer to provide the desired solution and
services for captioned project in conformity with the terms desired
solution and services for captioned project in conformity with the
terms and conditions of the said RFP and in accordance with our
proposal and the schedule of prices indicated in the Price Bid and
made part of this bid, subject to deviations proposed by the bidder.
Not accepted
452 If our bid is accepted:
I/We undertake to complete the project within scheduled time lines. This
Bid, together with your written acceptance thereof and notification of
award, shall constitute a binding Contract between us. I/We have not been
barred/blacklisted by any regulatory / statutory authority in India. I/We
undertake to provide the services in accordance with the implementation
schedule specified. I/We undertake that no legal action is being taken
against us or OEM for any cause in any legal jurisdiction. If the bid is
accepted, we will obtain guarantee of a Bank in a sum equivalent to 10% of
Contract Price for due performance of the Contract, in the form prescribed
by NABARD. In case we offer system and/or other software manufactured
by another company, such software operates effectively on the system
offered by us and we are willing to accept responsibility for its successful
operations.
If our bid is accepted:
I/We undertake to complete the project within mutually agreed
scheduled time lines. This Bid, together with your written acceptance
thereof and notification of award, shall constitute a binding Contract
between us, subject to deviations proposed by the bidder. I/We are
not currently have not been barred/blacklisted by any regulatory /
statutory authority in India. I/We undertake to provide the services
in accordance with the implementation schedule mutually agreed
specified. I/We undertake that no legal action is being taken against
us or OEM for any cause in any legal jurisdiction that will adversely
affect our ability to render services under this agreement. If the bid is
accepted, we will obtain guarantee of a Bank in a sum equivalent to
10% of Contract Price for due performance of the Contract, in the
form prescribed by NABARD, subject to deviations proposed. In case
we offer system and/or other software manufactured by another
company, such software operates effectively on the system offered by
us and we are willing to accept responsibility for its successful
operations.
Not accepted
453 New Clause Added Bidder’s failure to perform its contractual responsibilities, to perform
the services, or to meet agreed service levels shall be excused if and
to the extent Bidder's performance is effected , delayed or causes non-
performance due to Customer's omissions or actions whatsoever.
Not accepted
454 New Clause Added Services and/or deliverables shall be deemed to be fully and finally
accepted by Customer in the event when Customer has not
submitted its acceptance or rejection response in writing to Bidder
within 15 days from the date of installation/commissioning or when
Customer uses the Deliverable in its business, whichever occurs
earlier. Parties agree that Bidder shall have 15 days time to correct in
case of any rejection by Client.
Not accepted
455 New Clause Added Bidder assumes that the title of ownership and risk of the goods
supplied under this Contract is passed onto Customer on delivery of
the material at the Customer location.
Not accepted
456 New Clause Added Notwithstanding anything to the contrary elsewhere contained in
this or any other contract between the parties, neither party shall, in
any event, be liable for (1) any indirect, special, punitive, exemplary,
speculative or consequential damages, including, but not limited to,
any loss of use, loss of data, business interruption, and loss of income
or profits, irrespective of whether it had an advance notice of the
possibility of any such damages; or (2) damages relating to any claim
that arose more than one year before institution of adversarial
proceedings thereon.
Subject to the above and notwithstanding anything to the contrary
elsewhere contained herein, the maximum aggregate liability of
Bidder under this Agreement, shall not exceed the fees received by
Bidder under this Agreement during the three months preceding the
date of such claim.
Not accepted
457 New Clause Added Since Bidder is acting as a reseller of third products, Bidder shall
“pass-through” any and all warranties and indemnities received from
the manufacturer or licensor of the products and, to the extent,
granted by such manufacturer or licensor, the Customer shall be the
beneficiary of such manufacturer’s or licensor’s warranties and
indemnities. Further, it is clarified that Bidder shall not provide any
additional warranties and indemnities with respect such products.
Selected Bidder provides for only those warranty and representations
which are expressly mentioned in this Contract and the same are in
lieu of all other warranties, express or implied.
Not accepted
458 New Clause Added During the term of this Agreement and for a period of one year
thereafter Customer shall not, directly or indirectly, hire or solicit for
hire, any of the personnel engaged by Bidder, without the prior
written consent thereof from Bidder. Thus, the Customer agrees to
the entry of an injunction against it in the event of actual or
threatened breach of its obligations hereunder, and acknowledges
such relief shall be in addition to such other and further relief as may
be available to Bidder at law or in equity
Not accepted
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