idbi bank limited bank's response to the pre bid queries ...considered for finacle cbs...

IDBI Bank Limited

S.No Page no RFP Clause no Existing clause Details Clarification Sought Bank Response

1 6 Document Control Sheet Last Date and Time for Receipt/ Submission of Bids We request Bank to provide atleast 4 week

time post pre bid response to submitt the

quality bid

No change in this RFP Clause

2 10 Section 1 Introduction

3. Eligibility Criteria / Preliminary

Examination

3.10

The bidder can make consortium but cannot sub-

contract the job to any other company or firm and the

implementation for the Bank must be done by the

employees of the consortium members only. Consortium

agreement to be shared with the Bank clearly specifying

the roles and responsibilities and services rendered.

Prime bidder will be sole responsible for the entire

project

we request deletion of this clause Please refer Corrigendum.

3 17 Section 3: Instruction to Bidders

(ITB)

5. Bid Security (EMD)

5.6.3

The Bid Security shall be forfeited:

5.6.3 If the successful Bidder fails to sign the contract or

furnish performance security and other guarantee(s) /

security in the form and manner to the satisfaction of

the Bank, as mentioned in the Bid Documents; or

We submit that the Bid Security should be

forfeited only if the successful Bidder fails to

sign a mutually agreed contract. Hence, we

submit that the reference of "contract" or

"document" required to be signed by the

successful Bidder should be changed to

mutually agreed contract or document.



(ITB)


5.6.4


5.6.4 In the event of any evasion, avoidance, refusal or

delay on the part of the Bidder to sign and execute any

document, as may be required by the Bank.










(ITB)


5.6.5


5.6.5 Any decision in this regard by the Bank shall be

final, conclusive and binding on the Bidder.









RFP for Core Banking System Upgrade / Migration (Migration to Finacle 10.x)

Ref No: IDBI/PCell/RFP/2015-16/026 Dated: 25-January-2016

Bank's response to the Pre bid queries

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(ITB)

19. Evaluation and comparison of

Bids

19.1.6

The Bank may, in its absolute discretion, apply whatever

criteria it deems appropriate in the selection of vendor,

not limited to those selection criteria set out in this RFP

document.

Request IDBI to freeze the selection criteria.

Ambiguity in selection raises undue concerns.



(ITB)

19.2 Bid evaluation methodology

that the Bank would adopt is as

given below:

4. Phase 4 - Weighted Evaluation

The evaluation of the response to this RFP will be

calculated on a 70-30 Techno-Commercial evaluation

method

We request Bank to change the evaluation as

per L1 bid method.



(ITB)

22 Notifcation of Acceptance of

Bid

a

Notification of acceptance of Bid

a) Notification to Bidder Before the expiry of the period

of validity of the proposal, The Bank shall notify the

successful Bidder (TC1) in writing by registered letter or

by fax or by hand-delivery, that its Bid has been

accepted. The Bidder shall acknowledge in writing

receipt of the notification of acceptance and has to

convey his absolute, unconditional and unqualified

acceptance and thereafter enter into Agreement /

Contract within seven (7) days from the date of

acceptance.

we submit that there are certain terms and

conditions which would need discussion

between Bank and the Vendor prior to

entering into the contract. We submit that the

contract should be signed on the basis of

mutual discussion and agreement between the

parties.



(ITB)


Bid

b

Notification of acceptance of Bid

b) Signing of the Contract shall follow the notification of

the acceptance. However, the Bank may negotiate

certain terms with successful Bidder before signing of

the Contract. The Bidder should sign the Contract Form,

Refer Annexure-1 (Form-8) the signing of Contract will

amount to award of contract and Bidder will initiate the

execution of the work as specified in the Contract. The

signing of contract shall be completed within 7 days of

receipt of notification of the acceptance of bid.

we submit that there are certain terms and

conditions which would need discussion

between Bank and the Vendor prior to

entering into the contract. We submit that the

contract should be signed on the basis of

mutual discussion and agreement between the

parties.


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(ITB)


Bid

d

Performance Security Bidder requests for inclusion of a provision in

the referenced clause to state that

Performance Bank Guarantee (PBG) will be

invoked only for material breach after Bidder

being given 30 days cure period.



(ITB)


Bid

d (i)

Within 15 days of signing the contract by the Bank, the

successful Bidder shall furnish the Performance Bank

Guarantee as per the format provided in Annexure-1

(Form-7). The Performance Bank Guarantee furnished by

the Bidder shall be unconditional and irrevocable.

Bidder proposes that the PBG will be

submitted within 15 days from the date of

signing the contract as the process of PBG is

initiated only after contract conclusion and

signing.



(ITB)


Bid

d (v)

The Performance Bank Guarantee should be valid till 3

years from the project commencement, with 90 (ninety)

days claim period from the date of the expiry of the

validity period

We also submit that the PBG should be valid

only for the term of this contract.

The total Project Period will be 3

years which includes 18 months

of migration, 3 months warranty,

12 months of AMS and 3 months

of cooling period.


(ITB)


Bid

f

Failure to abide by the Agreement / Contract The

conditions stipulated in the Agreement / Contract shall

be strictly adhered to and any Breach / violation thereof

will entail termination of the Contract without prejudice

to the other rights of the Bank including recovery of

penalties as specified in this RFP or Agreement /

Contract.

We request that any termination of the

Agreement/Contract should be as per the

provisions on termination agreed between the

parties, after expiry of a reasonable cure

period of not less than 30 days.


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14 29 SECTION 4: TERMS AND

CONDITIONS OF THE RFP /

CONTRACT

4. Standard of Performance and

Service Level Definition and

Measurement

a) Timeline and Penalty for delay

in project implementation

Penalty will be applicable for late delivery of the

customized software where 0.5% of ‘cost of the

deliverable ’ will be deducted as penalty per week or

part thereof for failure as indicated in the RFP with the

maximum penalty of10% of ‘cost of the contract’.

However, Bank reserve the right to terminate the

contract at any time, if the project is not delivered as per

scheduled timelines and Bank will claim entire amount

paid to the vendor with simple interest @18% p.a. along

with additional 10%of ‘cost of the contract’, as

compensation.

Request penalty for delay in project

implementation to be capped at 5% of the

value of affected deliverable.

We also propose that this para stipulating for

termination and right of Bank to claim the

entire amount paid, should be deleted. It is

submitted that any termination of the contract

should be as per the provisions on termination

agreed between the parties, after expiry of a

reasonable cure period of not less than 30

days.




CONTRACT



Measurement

b) Penalty for downtime for Post

implementation:

The uptime will be calculated based on 24/7 excluding

the planned downtime on monthly basis and penalty will

be charged

The down time can be due to network or

hardware, OS related issues, which cant be

considered for Finacle CBS downtime. More

clarity is required. Penalty clauses will require

waiver

The uptime will be calucated on

24/7 for Finacle appliction and

it's related application

components.



CONTRACT



Measurement


implementation:

The uptime will be calculated based on 24/7 excluding

the planned downtime on monthly basis and penalty will

be charged

Pentaly charges is stated as a percentage of

Cost of Contract, however no period is

mentioned. Our assumption is that the penlaty

percentage will be applied on the Cost of

Contract for the month in which the SLA is

missed. Please do advise if this is the correct

understanding

As per RFP terms, uptime will be

calculated on monthly basis. And

penalty will be calculated on the

contract value of AMS and

charged /

deducted during the subsequent

payment as per RFP payment

terms

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CONTRACT



Measurement


implementation:

Below 95.00% -10% of Cost of contract Request penalty for downtime for post

implementation to be capped at 5% of the

value of affected deliverable.




CONTRACT



Measurement


implementation:

The uptime will be calculated on monthly basis and

penalty will be charged

Please advise, whether the penalties

mentioned in the table will be calculated on

the monthly amount payable to vendor and

deducted on the monthly payable amount of

AMS and not entire contract value.

As per RFP terms, uptime will be

calculated on monthly basis. And

penalty will be calculated on the

contract value of AMS and

charged /

deducted during the subsequent

payment as per RFP payment

terms



CONTRACT



Measurement


implementation:

The Finacle CBS system has to be up for at least 99.50%.

The Finacle CBS is deemed to be up if the users are able

to log into the system

Please advise, uptime will be calculated based

on working hours of the CBS and advise the

relevant working business hours.

Uptime will be calculated based

on 24/7

excluding the planned down

time.



CONTRACT



Measurement


implementation:

General We request to have 1 month of penalty

moratorium period after go-live of CBS.


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CONTRACT



Measurement


implementation:

The Finacle CBS system has to be up for at least 99.50%.

The Finacle CBS is deemed to be up if the users are able

to log into the system.

We presue that CBS system uptime is only the

application avaialbility excluding the

hardware/OS/DB as bank team manages it and

SI is not repsonsible for it. Please confirm.

Bidder is expected to provide the

99.5% Availablity of CBS

Application.



CONTRACT



Measurement

c) SLA for Software Support

Any software bug identified by Bank / vendor’s service

engineer would have to be fixed within the stipulated

time depending upon the criticality of the issue. Refer to

Annexure-3 (Service Level Requirements)

We are not agreeable for the SLA clauses and

penalty clauses as mentioned in RFP. We will

go with our Finacle standard SLA clauses

limited to Finacle application as mentioned in

SOW (SLA Section) Other OS, H/W, 3rd party

related aspects will be out of our scope.




CONTRACT

8.Delay in the Vendor’s / Bidder’s

Performance

a

a) Performance of the Contract shall be made by the

Vendor / Bidder in accordance with the time schedule

specified by the Bank.

We submit that since there is provision for

liquidated damages for delay, the provisions

pertaining to forfeiture of performance

guarantee and/or termination of contract

should be invoked only if the amount of

liquidated damages reaches its maximum

extent.




CONTRACT

8.Delay in the Vendor’s / Bidder’s

Performance

b

b) Any delay by the Vendor / Bidder in the performance

of its Contractual obligations, which the Bank shall in its

sole discretion may adjudge, shall render the Vendor /

Bidder liable to any or all the following sanctions:

i.Forfeiture of its performance guarantee

ii.Imposition of liquidated damages, and / or

iii.Termination of the Contract for default

Bidder requests for deletion of Cl 8 (b) (ii) & 8

(b) (iii) as the PBG can be invoked only for

material breach remaining uncured even after

30 days cure period. Similarly, the termination

of the contract shall be only for material

breach after providing 30 days cure period.




CONTRACT

9.Payment Terms

Payment Terms Our undertanding is that payment will be

made immediately upon achivement and

acceptance of the relevant milestones subject

to Vendor providing a valid invoice


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CONTRACT

9.Payment Terms

We propose payment terms as below:

For Item code A1 to A5, B1 to B3 and B11- 20%

Advance at the time of the project ; 20%

against completion Training, DRG, BPD, 20%

against installation of s/w, 30% completion of

UAT and 10% against GO Live.

For Item code B5 CBT- 50% against PO and

50% against Installation.

For Item code B4: Advance at the start of the

L2 services paid quarterly in advance.

For Item code B6: Against completition of

training against each batch.

For Item code B9 & B10, Archival and APM

tool: 100% against Licenses; 50% advance for

services implementation, 50% against UAT.

Please refer Corrigendum.



CONTRACT

9.Payment Terms

A Payment Schedule (A1 to A5 and

B1,B2,B3& B11)

Software, Installation, Configuration, Customization,

Implementation and Migration:

i. 10% on completion of installation of new version and

CSS

ii. 20% on completion of DRG

iii. 20% on completion of UAT-1 (Migration)

iv. 20% on complete UAT-2

v. 20% on Post ‘Go Live’

vi. 10 % on completion of Warranty

Bidder Request payment terms to be changed

to:

1). 15% on project initiation, detailed project

plan submission and sign off

2). 15% on completion of installation of new

version and CSS

3). 20% on completion of DRG

4). 20% on completion of UAT-1 (Migration)

5). 20% on complete UAT-2

6). 10% on Post ‘Go Live’.


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CONTRACT

9.Payment Terms

B Payment Schedule (B5,B9 and

B10) :

Computer based training Module / Tool, Data Archival

and purging solution and Application Performance

Monitoring Tool

i. 30% on delivery

ii. 20% on completion of UAT

iii. 40 % on complete Go live

iv. 10 % on completion of Warranty

Bidder Request payment terms to be changed

to:

1). 20% on project initiation, detailed project

plan submission and sign off

2). 30% on delivery

3). 20% on completion of UAT

4). 20% on completion of UAT-1 (Migration)

5). 10 % on complete rollout

We also submit that Bank shall make payment

within 30 days from the date of invoice.




CONTRACT

10. Liquidated Damages

Liquidated damages We submit that this provision is a repitition.

We understand that this clause is same as

Section 4.a i.e Penalty for delay in Project

Implementation. Please clarify.

Penalty and liquidity damages

are two different clauses

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CONTRACT

10 Liquidated damages

If the Vendor fails to deliver any or all of the Service(s) /

Systems or perform the Services within the time

period(s) specified in the Contract / Agreement / fails to

meet the Service Level Requirements, IDBI / Purchaser

shall, without prejudice to its other rights and remedies

under and in accordance with the Contract / Agreement,

deduct from the Contract price, as liquidated damages, a

sum equivalent to 0.50% per week or part thereof of

cost of the contract subject to maximum deduction of

10% of ‘cost of the contract’ of the delayed Service(s) or

unperformed Service(s). However, Bank reserve the right

to terminate the contract at any time, if the project is

not delivered as per scheduled timelines and Bank will

claim entire amount paid to the vendor with simple

interest @18% p.a. along with additional 10% of ‘cost of

the contract’, as compensation.

We seek to deviate on amount and terms of

liquidated damages to be levied


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CONTRACT


(a)

If the Vendor fails to deliver any or all of the Service(s) /

Systems or perform the Services within the time

period(s) specified in the Contract / Agreement / fails to

meet the Service Level Requirements, IDBI / Purchaser

shall, without prejudice to its other rights and remedies

under and in accordance with the Contract / Agreement,

deduct from the Contract price, as liquidated damages, a

sum equivalent to 0.50% per week or part thereof of

cost of the contract subject to maximum deduction of

10% of ‘cost of the contract’ of the delayed Service(s) or

unperformed Service(s). However, Bank reserve the right

to terminate the contract at any time, if the project is

not delivered as per scheduled timelines and Bank will

claim entire amount paid to the vendor with simple

interest @18% p.a. along with additional 10% of ‘cost of

the contract’, as compensation.

If there is a delay in performance then the

Vendor should be allowed to cure the

breach/delay. IDBI should be allowed to

terminate only if the delay/breach has not

been cured/ addressed. Cure period should be

thirty days from the date when the breach was

notified to the Vendor/Bidder.




CONTRACT


(d)

IDBI / the Purchaser may without prejudice to its right to

effect recovery by any other method, deduct the amount

of liquidated damages from any money belonging to the

Vendor in its hands (which includes IDBI's/ the

Purchaser’s right to claim such amount against Vendor's

Bank Guarantee) or which may become due to the

Vendor. Any such recovery or liquidated damages shall

not in any way relieve the Vendor from any of its

obligations to complete the works / service(s) or from

any other obligations and liabilities under the Contract /

Agreement.

LD should be imposed separately and not by

withholding payments.


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CONTRACT

12. ‘NO CLAIM’ Certificate

No Claim' Certificate: Vendor is not entitled to make any

claim against IDBI by virtue of this Agreement.

Vendor shall not be entitled to make any claim,

whatsoever, against IDBI, under or by virtue of or arising

out of, the Contract / Agreement, nor shall IDBI entertain

or consider any such claim, if made by the Vendor after

he has signed a ‘No Claim’ Certificate in favour of IDBI in

such forms as shall be required by IDBI after the works /

Service(s) are finally accepted.

Vendor reserves its rights to make claims

against IDBI for non-payment of fees, material

breach of the terms of contract and to this

extent shall not be able to sign the 'No claim'

certificate.




CONTRACT

13. Survival

Survival The survival of the indemnity provisions will be

limited to only third party IPR infringement,

specifically patent, trademark and industrial

designs, claims.




CONTRACT

15 No Set-off, counter-claim and

cross claims

No Set-off, counter-claim and cross claims:

In case the Vendor / Bidder has any other business

relationship with IDBI / the Purchaser, no right of set-off,

counter-claim and cross-claim and or otherwise will be

available under this Contract / Agreement to the Vendor

/ Bidder for any payments receivable under and in

accordance with that business.

We submit that this provision should be made

mutual and applicable to both the parties.




CONTRACT

18 Statutory Requirements

Statutory Requirements

During the tenure of the Contract / Agreement nothing

shall be done by the Vendor / Bidder in contravention of

any law, act and / or rules / regulations, there under or

any amendment thereof governing inter-alia customs,

foreign exchange, etc., and shall keep IDBI / the

Purchaser, its directors, officers, employees,

representatives, agents and consultants indemnified in

this regard.

We submit that we will comply with the laws

applicable to us as service provider and will

defend any claims by regulatory authorities in

relation thereto. However, the indemnity

requirement mentioned herein should be

deleted.


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CONTRACT

19 IDBI Bank's / Purchaser’s Right

of Inspection and Periodic Audit

(a)

IDBI / the Purchaser reserve the right to inspect and

monitor / assess the progress of the Services at any time

during the course of the Contract / Agreement. The

Purchaser may demand and upon such demand being

made, IDBI / the Purchaser shall be provided with any

document, data, material or any other information,

which it may require, to enable it to assess the progress

of the Service(s).

There is no prior notification process in order

to invoke audit rights. IDBI should ideally

provide Vendor prior notice of its audit. IDBI

to clarify if prior notice will be provided and

the time frame as well. Such audit shall be

conducted in a manner that causes minimum

business interupptions.




CONTRACT

20 Insurance to be taken out by

the bidder

Insurance coverage to be maintained by the Vendor Bidder proposes that it shall take all such

necessary insurances as required under

applicable laws. No project specific insurances

can be taken. However, the transit insurance

shall cover only till the delivery of products to

the customer’s premises.




CONTRACT

21 Contract Prices

c)

The prices stated, shall remain valid for the contract

period. Bank may give orders for additions at the same

price. Any reduction in prices due to the principal

reducing the prices, reduction in duties, taxes etc., by

the Government, shall be passed on to the Bank during

the validity period.

With specifc reference to reduction in duties,

taxes, etc. by the Government. In the event

there is an increase in duties, taxes by the

Government and it leads to increase in input

cost to vendor will the same be paid for by the

Bank as an addition to the total cost of

contract. In such a case will Clause 21 d)


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CONTRACT

21 Contract Prices

a)The quoted prices shall be all exclusive of all applicable

taxes, duties. There will be no price escalation during the

contract period and any extension thereof.

b) Prices should be furnished item-wise with break-up of

unit costs as per Commercial bid. The bidder will pass on

to the Bank, the benefit of discounts if any announced

during the period of rate contract in respect of the cost

of the items for which orders have been placed during

the period of contract.

c) The prices stated, shall remain valid for the contract

period. Bank may give orders for additions at the same

price. Any reduction in prices due to the principal

reducing the prices, reduction in duties, taxes etc., by

the Government, shall be passed on to the Bank during

the validity period

We agree that the since this would be a fixed

priced contract, the agreed prices will remain

applicable during the tenure of the contract.

However, we submit that prices for any

extension period should be mutually agreed

between the parties at the time of such

extension. Hence, we propose deletion of "and

any extension thereof".


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CONTRACT

25. Representations and

Warranties

xvi)

xvi. That the Vendor / Bidder owns, has license to use or

otherwise has the right to use, free of any pending or

threatened liens or other security or other interests all

Intellectual Property Rights, which are required or

desirable for the Service(s) and the Vendor / Bidder does

not, in carrying on its business and operations, infringe

any Intellectual Property Rights of any person. None of

the Intellectual Property or Intellectual Property Rights

owned or enjoyed by the Vendor / Bidder or which the

Vendor / Bidder is licensed to use, which are material in

the context of the Vendor's / Bidder’s business and

operations are being infringed nor, is there any

infringement or threatened infringement of those

Intellectual Property or Intellectual Property Rights

licensed or provided to the Vendor / Bidder by any

person. All Intellectual Property Rights (owned by the

Vendor / Bidder or which the Bidder is licensed to use)

are valid and subsisting. All actions (including

registration, payment of all registration and renewal

fees) required to maintain the same in full force and

effect have been taken thereon and shall keep IDBI/the

Purchaser, its directors, officers, employees, agents,

representatives and consultants indemnified in relation

We submit that since the finacle licenses will

be in the name of the Bank and Bank will enter

into license agreement directly with the

Licensor, these provisions are not relevant,

and should be removed.

It is hereby clarified that the

indemnties/recourses provided by the Licensor

will be applicable to the Bank.

Finacle licenses will be in the

name of the bank and the bidder

is epxected to comply with this

clause in terms of all other

aspects.

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CONTRACT

27. Termination

c)Termination for Default

IDBI / the Purchaser, without prejudice to any other

right or remedy for breach of Contract, by a written

notice of default sent to the Vendor / Bidder, may

terminate the Contract / Agreement in whole or in part.

We submit that termination for default should

be invoked for serious and material breaches

and not for minor breaches/delays. We also

submit that reasonable cure period should be

provided prior to invocation of termination for

default and this clause should be made

mutual. Hence we propose replacement of this

clause with the following:

“Either party may terminate the contract if the

other party commits a material breach of the

contract (including non-payment of fees) and

fails to cure the same within 45 days of receipt

of a written notice for cure.”




CONTRACT

28 Termination

Consequenses of Termination In the event of a Termination there is no clear

provision for payments to be made by Bank to

Vendor for Services performed till the date of

Terminaiton in the event of Termiantion under

Section 27(a), 27(b ) and 27(d)and for Serivce

performed and accepted in the event of

Termiantion under Section 27(c). Request the

same be clarified in the Terms and Conditions




CONTRACT

27. Termination

d)Termination for other than

Default:

IDBI Bank / the Purchaser, without prejudice to any

other right or remedy and without assigning any reason,

may at its sole discretion, serve upon the Vendor /

Bidder a written notice of 30 (thirty) days, indicating its

intention to terminate the Contract / Agreement and

may terminate the Contract / Agreement in whole or in

part

Bidder requests to delete the clause as this is

termination for convenience


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CONTRACT

28 Consequences of Termination

(c )

Where the termination of the Contract / Agreement is

prior to its stipulated term on account of a default on the

part of the Vendor / Bidder or due to the fact that the

survival of the Vendor / Bidder as an independent

corporate entity is threatened/has ceased, IDBI/ the

Purchaser shall pay the Vendor / Bidder for that part of

the Service(s) which have been authorized by IDBI/ the

Purchaser and satisfactorily performed by the Vendor /

Bidder up to the date of termination, without prejudice

to any other rights, IDBI / the Purchaser may retain such

amounts from the payment due and payable by IDBI /

the Purchaser to the Vendor / Bidder as may be required

to offset any losses caused to IDBI / the Purchaser as a

result of any act / omissions of the Vendor / Bidder. In

case of any loss or damage due to default on the part of

the Vendor / Bidder in performing any of its obligations

with regard to executing the Service(s) under the

Contract / Agreement [as laid down in the Service Level

Requirements Annexure-3,] the Vendor / Bidder shall

compensate IDBI /the Purchaser for any such loss,

damages or other costs, incurred by IDBI / the Purchaser.

Additionally, the sub Vendor / Bidder / other members

of its team shall continue to perform all its obligations

and responsibilities under the Contract / Agreement in

Biddder requests to amend this clause to state

that Bidder will be paid based on acceptance

of services/deliverables per the acceptance

criteria. Also, please delete set off and

withholding requirements.




CONTRACT


(d)

Nothing herein shall restrict the right of IDBI / the

Purchaser to invoke the Performance Bank Guarantee

and other guarantees, securities furnished, enforce the

Deed of Indemnity and pursue such other rights and / or

remedies that may be available to IDBI / the Purchaser

under law or otherwise

Please delete this clause to reflect that IDBI

should as a first option invoke the 30 days cure

period. Invoking all the guarantees puts the

Vendor in an inherently disadvantageous

position since the actual loss may not be

commensurate with the total value of all the

guarantees and infact the actual loss may be

lesser than the total value of all the

guarantees.


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CONTRACT


(f)

In the event of termination, IDBI has the right to

publicise such termination to caution customers from

transacting with the Vendor/Bidder

Section 28 (f) - Bidder requests for deletion of

this clause.




CONTRACT

35.Time limit for commencement

of work

Time limit for commencement of work shall be one (1)

week from the date of issuance of purchase order.

Bidder requests to modify the clause to state

that the commencement of work will be post

contract signing as agreed in the SoW by the

parties.




CONTRACT

34.Suspension of Payment to the

Vendor / Bidder

Suspension of Payment to the Vendor / Bidder Bidder request deletion of this clause No change in this RFP Clause

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CONTRACT

38. Intellectual Property Rights

and Patent Rights

c

The Bidder shall ensure that while it uses any software,

hardware, processes or material in the course of

performing the Service(s), it does not infringe the

Intellectual Property Rights of any person and the Bidder

/ Vendor shall keep the Purchase / IDBI, its directors,

employees, agents and representatives indemnified

against all costs, charges, expenses, liabilities, claims,

damages, litigations, suits, judgments and / or otherwise

howsoever, arising out of any illegal or unauthorized use

(piracy) or in connection with any claim or proceedings

relating to any breach or violation of any

permission/license terms or infringement of any

Intellectual Property Rights by the Bidder/Vendor or any

sub-Bidder during the course of performance of the

Service(s).The liability of the bidder in such scenario shall

be unlimited.

We submit that the following exclusions

should be included in the contract:

“Exclusions: Vendor has no obligation for any

claim of infringement to the extent arising

from: (i) any third party materials; (ii) Vendor’s

compliance with or use of Bank’s information,

technology, designs, specifications or

instructions, including those incorporated into

any Statement of Work or deliverable; (iii)

modification of the deliverables by Bank or a

third party; (iv) use of the deliverables in a way

not indicated in the Statement of Work or in

any specifications or documentation provided

with such deliverable; or (v) use of the

deliverables with products not supplied by

Vendor.

Remedies: In the event that an infringement

claim regarding any deliverables appears likely,

Vendor may at its sole discretion, and as

Bank’s sole and exclusive remedy, either:

1. obtain for Bank the right to use the

infringing deliverables; or

2. modify the infringing deliverables so that it

is no longer infringing; or

3. obtain and substitute a functionally similar

deliverables that are not infringing.


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CONTRACT

38.Intellectual Property Rights and

Patent Rights

a)

(Purchaser / IDBI shall own and have a right in perpetuity

to use all Intellectual Property Rights which have arisen

out of or in connection with the implementation of the

Contract, including all processes and products which

have been developed by the Bidder/Vendor during the

performance of Service(s) and for the purposes of inter-

alia, use or sub-license of Service(s) under the Contract.

The Bidder undertakes to disclose all Intellectual

Property Rights arising out of or in connection with the

performance of the Service(s) to the Purchaser / IDBI and

execute all such agreements / documents and file all

relevant applications, effect transfers and obtain all

permits, approvals, consents and no objections that may

be necessary in this regard to effectively transfer and

conserve the Intellectual Property Rights of the

Purchaser / IDBI.)

We hereby clairfy that IPR and patent rights of

each party shall continue to vest with the

respective party. SInce, 3rd party software will

be provided / implemented, the provisions

stiuplating Bank's ownership of IPR is not

relevant and should be removed.

We submit for inclusion of the following

provisions in this clause:

“Notwithstanding anything to the contrary

contained elsewhere:

• Each party shall retain ownership of its pre-

existing Intellectual Property Rights (“Pre-

existing IPR”) and any improvements, up-

gradations, enhancements, modifications and

enhancements to and derivative works

thereto;

• Bidder shall retain ownership of all IPR in the

deliverables, materials and reports developed

by the Bidder during the course of the

Agreement and remain therefore able to re-

use any copyrightable or patentable elements

of the deliverables, materials and reports in

any of its future engagements.

• IPR ownership in any third party products

provided by Bidder, and all improvements, up-




CONTRACT

40 User Acceptance Test and

Quality Check

The UAT to be completed to the satisfaction of IDBI and

as per the time frame prescribed by the Bank.

There is no acceptance criteria defined in the

clause and the Business/Operations is

requested to define parametres of acceptance.

The time frame for completion of acceptance

testing is not specified.

Details of acceptance criteria and

the time frame will be mutually

agreed with the successful

bidder.

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IDBI Bank Limited







CONTRACT

39 Warranty

(b)

Bidder / Vendor should provide software patches /

upgrades towards complying with all the statutory and

any other requirements from the Bank as specified from

time to time during the Contract period, free of cost

Any software patches/upgrades will be at

additional cost to Bank.




CONTRACT

39 Warranty

(f)

The Bank shall notify the Vendor of any claims arising

under this warranty. If the Vendor / Bidder, having been

notified, fails to remedy the defect(s) within a timeframe

specified in the Service Level Requirements in Annexure-

3, the Bank shall proceed to take such remedial action as

may be necessary, at the Vendor’s / Bidder's risk and

expense and without prejudice to any other rights which

the Bank may have against the Vendor under the

Contract or applicable laws or in equity.

Bidder requests that the risk purchase right

under this clause will be invoked only after

providing 30 days cure period to Bidder and

will be capped at 10% of the affected

deliverable.


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CONTRACT

45 Limitation of Liability

The Parties acknowledge that circumstances may arise

where on account of a breach by Bidder of the terms of

this RFP and subsequent Agreement, or other

contractual or tortuous claim, the Bank may be entitled

to damages from Bidder.

a) Bidder’s aggregate liability shall be subject to an

overall limit of 100% of the Total Project Cost for the

Contract period.

b) The limits specified in Sub-Clause (a) above shall not

apply to:

i. claims made by the Bank for claims relating to the loss

of or damage to real property and tangible personal

property and for bodily injury or death which is caused

by sole gross negligence or sole willful misconduct of the

Bidder or its employees;

ii. claims against the Bank resulting from misconduct or

gross negligence of the Bidder, its employees and

subcontractors or from infringement of patents,

trademarks, copyrights or such other Intellectual

Property Rights or breach of confidentiality obligations;.

c) The Bank shall not be held liable for and is absolved of

We submit that the aggregate cummulative

liability of the Bidder should be limited to

100% of the total contract value payable by

Bank to the Bidder.

We can agree for liability exclusions

mentioned in sub-point i., however, we submit

that sub-point ii. of sub-clause b) should be

modified as follows:

"ii. claims against the Bank resulting from sole

Gross Negligence or sole Willful Misconduct or

from infringement of patents, trademarks,

copyrights or such other Intellectual Property

Rights ;

We submit that the terms "Gross Negligence"

and "Willful Misconduct" should be defined as

follows

."Willful Misconduct” means any act or

omission of a party which is willfully intended

to harm the interests of the other party,

provided however, that Willful Misconduct

does not include ordinary negligence, an error

of judgment or mistake of a person."

“Gross Negligence” means an indifference to,

and a blatant violation of a legal duty with

respect to the rights of others, being a

conscious and voluntary disregard of the need

to use reasonable care, which is likely to cause




CONTRACT

41 Migration

Time is the essence of this Contract / Agreement and

entire project should be completed within 18 months

from the date of issuance of Contract. A tentative

schedule for project implementation has been provided

under Section 5, Clause 9: Schedule, which can be used

as reference / guidelines

Any delay might constitute material breach

and may result in termination of the contract.

Further, there are remedies which are already

mentioned in the agreement for any delay.

Hence it is proposed that this clause be struck

out/deleted.


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57 48 Section 5: Scope of Work

b) Scope of the

Service(s), X

Bank will carry out Load/Performance/Stress testing of

the upgraded/migrated version of Finacle /add-on

applications to test the scalability of the applications as

per the projected volumes. Bidder has to provide all

required end to end support (including Application, OS,

Database, middleware, etc.) to carry out the successful

testing with the vendor identified by the Bank.

Bank to share the projected volumes and

period of projections for all the three

instances.

Required details will be shared to

the successful bidder


1. Broad Scope

b) Scope of the Service(s) X

Performance testing Database for Load/Performance testing is to

be made ready by the Bidder. We believe that

all Hardware and DB/OS/Storage related

services will be provided by bank. Please

confirm.

Refer Section 5, 1 b x. For

Hardware the bidder is expected

to provide only the

recommendation.

59 48 Section 5: Scope of Work 2. Scope

– Details:

Scope We believe that all the licenses for Finacle

upgrade from 7 to 10.x will be procured by

Bank for all the modules that are provided by

Infosys for the three instances in scope.

Necessary license will be

procured by the bank and bidder

will be responsible for

implementation.


– Details:

Scope We believe that Hardware and all platform

related softwares (Operating system, RDBMS,

Real application cluster, Middleware (WAS,

Weblogic etc)) are being procured by Bank

directly and vendor need not factor for it in

their solution.

The successful Bidder is expected

to provide necessary

recommendation only


– Details:2.1. Finacle Version

upgrade (Migration to new version

10.x) and data migration.

CBS (India and Dubai) and CBS (Corporate Finance) is

running on AIX with Oracle

RFP mentions use of existing infrastructure

...Request to please confirm the inventory of

the current hardware detailing hardware and

DB configuration. This will help us to

appropriately size the solution

The Details will be provided to

the Successful

bidder.


– Details:2.1. Finacle Version

upgrade (Migration to new version

10.x) and data migration.

DC is located at Belapur Navi Mumbai Request to please clarify where the DR site is

located and if there is any current redunduncy

setup

DR is at chennai and NDR at

mumbai

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IDBI Bank Limited






2. Scope – Details:

2.1. Finacle Version upgrade

(Migration to

new version 10.x) and data

migration.

2.1.5. Functional and Technical

Training

Training Training given in Table 2.1.5 and the

subsections in 2.1.5, are these repetitive

trainings or additional trainings? EAP does not

appear in subsections, but pre-DRG training is

mentioned. Trainings in Table to be provided

by OEM, is training in subsection also to be

provided by OEM?

Explanation is provided in the

sub sections for the table given

in 2.1.5



2.1.6 DR site and NDR setup

support

a) Bidder / Vendor should carry out the deployment of

the application / DB in DR and NDR as applicable.

Please provide the location details of DR &

NDR

DR - Chennai;NDR - Mumbai




support



What is the RPO/RTO expected? Existing RPO/ RTO are to be

Maintained, The

details will be shared with the

successful Bidder




support



NDR is required to have only the storage

replication and No CBS solution (CBS servers)

required from NDR. Please confirm

NDR - Mumbai will have only the

Storage Replication.




support



DR solution can be standalone and NO High

Avaialbility (HA) required. Please confirm

Oracle RAC needs to be

implemented in Both DC and DR.



2.2. Customization Retrofits and

Interface Porting.

2.2.4. Existing Interfaces of Finacle

Core (India / Dubai /IBU

Operations / CFS)

Interfaces Please confirm that Bank will take ownership

for all Interfacing systems (other than CBS) and

interface changes required at their end,

including testing and porting to Production on

other system's end.

Bidder is expected to take care of

interfacing /integrating the

Interfaces at CBS side . Bank will

provide necessary liasoining with

the third party vendor , if any

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IDBI Bank Limited






2. Scope – Details

2.3.Installation, Integration and

Implementation of new modules /

Add-on Applications

2.3.2.1

Single Sign On a. We presume that Bank already have Single

Sign On solution and bidder expected to only

integrate it with application. Please confirm

b. Please provide the details of Bank's existing

Single Sign On solution

Finacle SSO is to be implemented

by the bidderas per RFP section

5, sub section 2.3



2.5.Application Maintenance,

Support Services (AMS)

2.5.7

The support coverage would be limited to the Finacle

10.x suite of products (Finacle Core, CRM, SSO, SVS etc)

including the interfaces and new licensed modules that

would be implemented as part of the proposed Finacle

10.x migration / version upgrade and the customizations

that have been done as part of this project

Is Bidder expected to provide the

Infrastructure support for the propsoed HW,

OS, DB. Middleware Or Bank will take care of

the same? Or Only AMS is in scope .Please

confirm

Bidder is expected to provide

only for AMS



2.5.Application Maintenance,

Support Services (AMS)

2.5.8

Upon intimation of the issue from the IDBI help Desk

Team, the AMS / L2 Support Team would analyze the

issue.

We presume that Helpdesk services (Call

logging/First call resolution) is out of scope for

bidder and bank will take care of the same.

Please confirm

services for Finacle 10.x suit of

products as well



2.6.Computer Based Training (CBT)

CBT should have interactive video solution with human

voice.

Is the bank expecting the voice of one

standard person through out? This will have

cost implications and other implications as

below

The human recorded voice, will have

dependency on the talent that recorded this

voice. If any changes are required in future and

if that particular talent is not available, the

whole course will have to be rerecorded and

integrate it all over again.

Human recorded audio from

professional talents is expected

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IDBI Bank Limited







2.8.Go Live Support to the

Branches

Go Live Support to the Branches Where are these 60 regional centers located?

Please share the list of centers which will help

us to plan the Support with 180 people. This is

an logistical challenge. The bank need to have

a finacle champion who is trained on this

version who will handle the issue at his

repective branch.

The Details will be provided to

the Successful

bidder.



2.8.Go Live Support to the

Branches

Go Live Support to the Branches Such type of Branch Handholding Support

across India Operations is managed by Infosys

along with its business partners to be more

cost effective. Hope IDBI is ok with this sort of

engagement



– Details: 2.10. Application

Performance Monitoring Tool

Bidder is required to identify and deploy an automated

application monitoring tool for CBS Application. In

future, if the Bank desires to extend this facility to other

application, then tool should be compatible to extend for

other applications available in the banks environment.

Bank will procure the additional licenses for

the future application monitoring requirments

Please confirm

as new licensed modules as per

the RFP terms



2.10. Application Performance

Monitoring Tool






Please provide the details of bank's existing

helpdesk & server, DB monitoring tools which

bidder can leverage or bidder expected to

provide the same? Please confirm

Necessary details will be shared

to the successful bidder




Monitoring Tool






Is bidder expected to manage the application

monitoring tool as part of AMS or Bank

existing bank team will take care of the same?

Bidder is expected to handle the

monitoring during the contract

period till the end of AMS period.

Post AMS period , bidder will

handover the same to Bank's

team

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IDBI Bank Limited








Monitoring Tool

1. Should APM have out-of-box capabilities to

monitor Finacle services monitoring at various

levels, such as Finacle Application server (C++

Services), Uniser, CDCI, etc..?


APM solution to monitor the

performance of the end to end

transactions, which includes all

under lined components like

Application ,servers, Os , DB etc




Monitoring Tool

2. Should APM trigger forensic actions based

on alert generated?

Functionality is not required




Monitoring Tool

3. Should APM trigger remedial actions based

on alert generated?

Functionality is not required


3. System &Security Audit

System security Please confirm that all the security

equipments, their configuration and changes

are out of scope of this RFP, whether they are

for Internet or Intranet. Only CBS application

level security and database inherent security is

in scope.

Bidder is expected to comply

with the security /Audit

requirements for CBS Application

and it ismigration process as per

the RFP terms.

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IDBI Bank Limited





82 56 Section 5: Scope of

Work


2.10. Application

Performance

Monitoring Tool:






Tool should have the facility to configure various

parameters and set their threshold limit with tolerance

Tool should generate pro-active alerts whenever the

performance of the application is lower / higher than the

defined levels, peak load conditions.

Dash board for monitoring various performance

parameters

Does Infosys (OEM) have to certify proposed

APM solution?


APM solution

certified by OEM vendor of CBS


Work


2.10. Application

Performance

Monitoring Tool:












parameters

How many minimum installations should

proposed APM solution have for Finacle 10

environment?

It should be implemented in DC

and DR

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IDBI Bank Limited






Work


2.10. Application

Performance

Monitoring Tool:












parameters

How many numbers of branches APM should

support?

The APM solution should not

depend upon number of

branches as monitoring is

needed at centralized location at

DC/DR


Work


2.10. Application

Performance

Monitoring Tool:












parameters

Should APM solution be able to monitor

Finacle CBS transaction/menu SLA’s which

include their response times in application

environments within the data center & at

branch level?






Application ,servers, Os , DB etc.,

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IDBI Bank Limited






Work


2.10. Application

Performance

Monitoring Tool:












parameters

Should APM solution be able to track Finacle

transaction/menu with user ID?








Work


2.10. Application

Performance

Monitoring Tool:












parameters

Should APM have out-of-box capabilities to

monitor Finacle services monitoring at various

levels, such as Finacle Application server (C++

Services), Uniser, CDCI, etc..?







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IDBI Bank Limited






Work


2.10. Application

Performance

Monitoring Tool:












parameters

Should APM have support to monitor Finacle

services performance or only availability is

needed?

Monitoring of Finacle services

includes

performance as well as

availability


5. Other important points to be

noted by the bidder:

Successful bidder will be solely responsible for any delay

in integration with Bank's business applications.

Since integration with Bank's business

applications also involve other vendors, a

delay in providing the required data, etc. by

these vendors can delay the integration. Thus

the bidder should not be held solely

responsible for other vendors delay. Kindly

confirm.

Bidder is responsible for the

delay in their part of work


5. Other important points to be

noted by the bidder:

The Bidder has to provide all customization source codes

and Documentation to the bank. The relevant IPR related

to customization will be with Bank.

This requirement needs the concurrence of

OEM. Hence request the bank to directly get

the confirmation of OEM (Infosys) instead of

the bidder for the same.

This RPF is for customization and

Migration to Finacle 10.x. The SI

is responsible for the Handover

of the IPR related to bank

specific customization


6. Deliverables:

a) Finacle 10.x Upgrade /

Migration

Should take care of providing the training to the Core

Team as per the scope.

Kindly clarify who should take care of training

to the Core Team. Is the Bidder supposed to

give the training or the OEM.

Refer to RFP

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IDBI Bank Limited






6. Deliverables:


Migration

1.Server and Database Capacity

Planning

Bank will arrange for the hardware / software / network

based upon Infosys Server and Database capacity

planning recommendations. All the necessary hardware,

Software and network installations and Maintenance

Bank will procure the required proposed HW

and AMC/ATS is out of scope for bidder. Please

confirm


only the sizing.


6. Deliverables:


Migration


Planning





Bank will provide all required Network &

security devices like switch, router, firewall,

IPS, Antivirus, VA/PT for the propsoed

environement and management of the same is

out of scope for bidder.Please confirm.

Bank will provide as well as

manage all required Network &

security devices


6. Deliverables:


Migration


Planning





DC/NDR and DR LAN cabling is out of scope for

bidder and Bank will take care of the same .

Please confirm

DC,DR and NDR are in place with

LAN cabling.


6. Deliverables:


Migration


Planning





Netowrk (WAN & Link) management is out of

scope for bidder. Please confirm.

Network (WAN & Link)

management is in place and will

continue.


5.Other important points to be

noted by the bidder

5.12.9.

periodic run like regular EOD / BOD , month end ,

quarter end , half year end

More clarity is required on expectation, as

EOD/BOD operations are normally run by bank

personnel.

Executing the regular Finacle

related activiies like EOD, BOD

Month end etc .. in UAT during

all the migration iterations are to

be done by the bidder.


6. Deliverables:


Migration

3.Training

User Manuals including the customizations specifically

done for IDBI Bank Ltd.

Is it ok to create Job Aids which will serve as a

ready reckoner for users for their specific

processes. This will also have screenshots of

the actual system.

Base product manuals can be provided

seperately

Bidder is expected to deliver

base product user manuals along

with documents on

customization.

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IDBI Bank Limited






6. Deliverables:


Migration

3. Training

Training scope Please confirm that training infrastructure for

onsite trainings will be provided by Bank.

Refer Page 49 section 5 , 2.1.5.

(iii) and (iv).


6. Deliverables:


Migration

2.Set up and Maintenance of

various Environments

Production, Daily MIS, Monthly MIS and DR, Test server

(End User familiarity), Environments will be maintained

by Bank Team.

Is Infrastructure setup of different

environments (T&D, UAT, Prod etc..) and

maintenance out of scope for bidder & only

Application setup & maintenance is in scope

for bidder? Please confirm


Application setup,maintenance

and support of listed servers

/environments as per the RFP


6. Deliverables:

b) Customization Retro Fitting /

Porting and Interface porting

i. The Vendor / Bidder shall provide the technical design

document including

Deliverables shall comprise:

Design Specification document.

System Requirement specification document

Release Notes

Source Codes

User Manuals

Release notes will be provided for logical set of

customisations along with source codes. User

manuals and job cards need to be prepared by

bank.

UET manuals will be provided for base product

funactionalities and not for customisations.



10.Responsibilities of OEM Vendor

(Infosys)

The OEM’s involvement in the project should be at least

20% of the efforts as specified in Annexure-2 (Table – A:

Cost of Migration / Up gradation) and detailed

accountability of OEM as specified in Section – 5, Clause

– 6: Deliverables during various stages of migration

As OEM/Its sister concern may compete with

other Bidders. Hence bidder requests either

OEM should not compete or Bank should take

separate quote common to all bidders for fixed

mandays from the OEM, which may not be the

part of the TCO


102 68 Section 6: Functionality and

Architectural Details

2. Hardware Recommendations

Hardware We are assuming that all Hardware, including

DAR, APM etc will be procured by Bank.

Please confirm



recommendation only

103 68 Section 6:

Functionality and


2. Hardware

Recommendations

Hardware Sizing Please share the business volumes,users,

customers, transactions, no. of policies etc and

the projected growth over a period of next 5

years?


the successful bidder

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IDBI Bank Limited





104 68 Section 6:Functionality and



e

e. The proposed system should be able to communicate

with the fallback / backup / disaster systems in case the

main central server fails.

Since the current setup is on AIX, could the

bank please clarify if there a current cluster

setup in place (PowerHA)? Whether its an

Active-Active or Active-Passive setup

Cluster set up is in place (Power

HA) with Active-Passive setup.




f

f .The Vendor should advise details of the minimum

configuration of various Hardware components like

Servers, Storage, Scanners, etc and any other Software

like Databases, Application servers and third party

software required to make the FINACLE 10.x application

functional and operational for the above specified

volumes. The bidders should also specify the backup

mechanisms supported by the solution along with the

hardware and software required for the same

Request to please clarify if any backup

infrastrucutre exists and can be utilized or a

new solution is to be proposed

Backup infrastructure is already

there and the same can be used

for New solutions




f

f. The bidders should also specify the backup

mechanisms supported by the solution along with the

hardware and software required for the same.

a. Bidder is expected to propose only the

additional tape libraries and Bank will provide

the required backup software and agents for

the propsoed servers. Please confirm

b. Please provide the current backup software

details.

Backup infrastructure is already

there and the same can be used

for New solutions.. Successful

bidder will be provided with the

necessary details




g

g) If the Application is portable on multiple platforms like

AIX / HP-UX / Sun Solaris Based servers then specify the

minimum configuration for each of the platform.

is bidder also allowed to propose the X86

platform along with RISC/EPIC platforms

mentioned?

This will be discussed with the

successful bidder during the

sizing recommendation

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IDBI Bank Limited





108 70 Section 7: Technical Details

Required From Bidder

The bidder is required to provide

the following information in the

Technical Bid

1

Vendor / Bidder should provide extensive

documentation related to the CBS Application’s new

version Finacle 10.x (along with the new modules which

will get implemented ) such as

User Manuals

System Reference Manuals

Error Messages and their Meanings

Training Manuals

Additions / changes to the database / application after

migration / upgrades

Operations Manuals

Data Dictionary

Many of these items (under section 7) can be

provided only after the contract is signed

and/or along with the defined milestones

related to the project like UET, Migration etc.

These cannot be provided upfront.

Bidder is expected to submit an

undertaking letter for providing

the referred documents as per

this clause while submitting the

bid. Successful bidder has to

deliver the referred documents

during project initiation.

109 84 Form-1('c)Fulfillment of Eligibility

Criteria

10

The bidder can make consortium but cannot sub-

contract the job to any other company or firm and the

implementation for the Bank must be done by the

employees of the consortium members only. Consortium

agreement to be shared with the Bank clearly specifying

the roles and responsibilities and services rendered.

Prime bidder will be sole responsible for the entire

project.

This clause needs to be removed. The

ownership for the project is with Finacle and

any sub contracting or outsourcing will be

done in the interest of the project. Fiancle is

committed and take full ownership of the

project. It is diffucult to anticipate the

requriements at this stage and request bank to

reconsider the removal of the consortium

clauses.


110 100 Form-9

Technical Bid Evaluation Criteria

Should have successfully implemented or under process

of new implementation Finacle CBS within last 10 years

for Banks in India having at least 500 branches Proof of

such work should be submitted along with the response

As IDBI Bank is a PSU Bank and has more than

1500 branches. We request Bank to amend

this evalution cluase as "Should have

successfully implemented or under process of

new implementation Finacle CBS within last 10

years for PSU Banks in India having at least

1500 branches Proof of such work should be

submitted along with the response"


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IDBI Bank Limited





111 100 Form-9


Should have done upgrade /migrate of Finacle CBS from

version 6.x to 7.x within last 10 years for banks in India

having at least 500 branches. Proof of such work should

be submitted along with the response.

We request to delete this point as no Major

Bank compare to type and size of IDBI Bank

has gone for 6.x to 7.x upgrade in last 10 years.

In our view having this experience will not add

any value to a big PSU Bank.


112 100 Form-9


Should have done upgrade /migrate or under process of

migration of Finacle CBS from version 7.x to 10.x within

last 10 years for banks in India having at least 500

branches. Proof of such work should be submitted along

with the response

As IDBI Bank is a PSU Bank and has more than

1500 branches. We request Bank to amend

this evalution cluase as "Should have done

upgrade /migrate or under process of

migration of Finacle CBS from version 7.x to

10.x within last 10 years for PSU banks in India

having at least 1500 branches. Proof of such

work should be submitted along with the

response"


113 112 Annexure - 2:

Commercial bid- Contents and

Formats

Cost of Additional Customization efforts for30 days (as

per Man-days applicable post implementation - for

arriving at Rate Contract)

1 month is rquivalent to 22 person days.

Please rectify.


114 112 Annexure - 2:

Commercial bid- Contents and

Formats

Cost of Additional Customization efforts for30 days (as

per Man-days applicable post implementation - for

arriving at Rate Contract)

There are multiple people involved in any

project and hence the T&M rate will vary for

SSE, TL/TA, PM, Trainer. Further onsite rates

will have perdiem and travel airfare costs.

Airfare will be billed as actuals.


115 112 Annexure - 2: Commercial bid-

Contents and Formats

Cost of customization and porting / development/

debugging/ implementation / minor enhancements and

interface integration for Finacle (IBU Operations) as of

DRG commencement date. (Approx. 40 Menu Options

including Core Menu Customizations, which consists of

around 100 (SCR/MRT/COM/MRI/SQL)).

Since IBU is not implemented, please explain

the logic behind 40 menu options.

The requirement is on the similar

lines of Finacle Core (Dubai

Operations)

116 116 Annexure 3

Service Level Expectations

SLA Matrix Request to please specify the uptime

requirements of the systems

Refer Page No 29 - Section 4

clause 4

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IDBI Bank Limited





117 116 Annexure 3

Service Level Expectations

Showstopper- Response-Immediate; Resolution-

Immediate

Please eloborate Immediate resolution ?

Request bank to change the response as 15

mins and resolution as 2 hours as it depends

on root cause analysis and resolution


118 117 Annexure - 4:

Unconditional

Acceptances of the

Terms & Conditions

We need to have deviations and assumptions

which will be part of SOW and proposal


119 120 Annexure 6

Application Maintenance Support

services - Resource Requirement

9. One Senior Technical Expert for Infrastructure (OS/DB configuration, all Finacle services set-up / administration, WAS setup / administration etc.) Understand that the RFP states requirement

for one Senior Technical Expert for

OS/DB/Finacle Services/WAS

setup/configuration? We would like to

highlight that it will not be possible for one

resource to handle both Infrastructure and

Application/WAS related configuration.

The numbers given in the RFP, is

the minimum expectation and

the bidder is required to provide

optimum team over and above

the minimum level specified.

120 122 Annexure - 4:

Unconditional

Acceptances of the

Terms & Conditions of

the RFP

Unconditional Acceptance of T&Cs of the RFP: Requires

Bidder to unconditionally accept the terms and

conditions of the RFP.

We request to modify this clause to include

that the deviations proposed by the Bidder

shall form integral part of Bidder's proposal.

We also understand that upon downselection

the terms and conditions of the governing

contract will be mutually discussed and agreed

between the parties.


121 999 EMD & DD EMD & DD We have submitted the bid the bid earlier

along woth DD and BG towards the RFP. Trust

bank will consider the earlier issued DD and BG

for this RFP as well as infosys will not be

issuing fresh DD and BG.

Bidders who have submitted the

DD earlier need not submit

again. For BG , the validity

period should be exteneded as

per the present RFP terms.

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IDBI Bank Limited





122 999 General Monitoring Please confirm if we need to propose

infrastructure monitoring tools? Are there

already monitoring tools available with the

bank on the existing infrastructure that can be

leveraged






Application ,servers, Os , DB etc.

123 999 General Network While we can give recommendation on

bandwidth required, bank will procure and

provide the bandwidth for replication and

connectivity of their branches?



recommendation only.

124 999 General Network Please confirm if we need to propose the

networking equipments like

Firewall,Router,Ethernet Switches as part of

the solution?



recommendation only.

125 999 General Incident logs and SR log Bank to please share list of incidents and

service requests for last one year for all the

three instances.


the successful bidder.

126 999 General Customization and reports Bank to please share list of customizations,

reports and interfaces that are done on Finacle

v7.

Approx no of customization are

given in

Annexure -2 , B1 and B2. Further

details will be shared to the

successful bidder.High level

classification are given under

section 1, point 2

127 999 General Travel we are assuming that entire project will be

carried out from Mumbai and no travel to

Dubai or elsewhere will be required. The

project team from Bidder and Bank, both will

be workint out of Mumbai office.

The bidder is expected to carry

out the entire migration project

from DC at Navi Mumbai except

the 'Core Team Training ' (partly),

'Enduser training' and 'Go Live

Support to Branches' as per RFP

terms

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IDBI Bank Limited





128 999 General (Approx. 1700 Menu Options including Core Menu

Customizations, which consists of around 10,000

(scripts/mrt/com/mri/sql)).

Can we assume this as the total customisation

efforts for India operations? Can the Bank

share the man-months customisation efforts

done on the existing version.

It has been built gradually over

the period of 15 years the over

all customisation is provided for

reference.

129 999 General (Approx. 40 Menu Options including Core Menu

Customizations, which consists of around 300

(scripts/mrt/com/mri/sql)).

Can we assume this as the total customisation

efforts for Dubai operations? Can the Bank

share the man-months customisation efforts

done on the existing version.

It has been built gradually over

the period of 5 years the over all

customisation is provided for

reference.

130 999 General Acceptance We submit that the following provision on

accptance should be included in the contract:

"All products (hardware and software) will be

accepted on delivery. Bidder will provide

notice to Customer when the Deliverables are

ready for acceptance. Acceptance of

Deliverables will occur upon the date Bidder

demonstrates to Customer, by the successful

completion of acceptance tests that the

Deliverables substantially conform to the

acceptance criteria as agreed between

Customer and Bidder and mentioned in the

SOWs attached. Acceptance will not be

delayed for any reason (s) other than non-

conformance with the requirements specified

in the terms of Contract and SOW. The

acceptance test results will be declared by

Bank within a maximum of 7 (seven) days from

the completion of acceptance tests. In case the

7 (seven) days period after completion of

acceptance tests has elapsed without the

acceptance test results being declared, then

the system or the portion thereof, subject to

acceptance testing would be deemed

accepted. If Bank fails to give Bidder written

notice of non-conformance within the 7

(seven) day period or, prior to expiry of the 7

(seven) day period, uses the system or any


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IDBI Bank Limited





131 999 General Product Separation The acceptance criteria or procedures for

Deliverables set forth in this Agreement and as

particularly described in any SOW will only

apply to the services provided herein. It will

not apply to any product the Bidder may

supply or has supplied to customer, regardless

of whether such products can be used in

connection with the services or Deliverables.

Any refund/return or penalty rights as set

forth hereon apply only to the services

provided.


132 999 General Onsite support Please specify the scope of activities for the

onsite support team for Infrastructure?

Details will be shared to the

successful bidder

133 115,

16,35

Note, 3.8, 21(a) The price quoted must be exclusive of all taxes. The

service tax, if applicable, will be paid on actual. Other

applicable tax would be deducted at source, if any, as

per prevailing rates.

The quoted prices shall be all exclusive of all applicable

taxes, duties

Bidder requests the Bank to make the tax

clauses consistent as per pricing template note

with GST note i.e. The Total Cost quoted will

be exclusive of applicable taxes viz. sales tax,

VAT, Service tax, Octroi / Entry Tax / Local

Body Tax (LBT) and change changes thereof,

will be payable at actuals. All other taxes &

levies have to be included total cost as

mentioned above. Please note receipt can be

provided for Octroi and not for service tax,

VAT etc. in the name of 'IDBI Limited' as those

are paid against specific name.


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IDBI Bank Limited







CONTRACT

6. Indemnity

Indemnity

The Bidder / Vendor shall execute and furnish to the

Purchaser / the Bank, a deed of indemnity in favour of

the Purchaser / the Bank in a form and manner, as given

in Annexure 1 (Form -5) and shall indemnify the Bank

against all third party claims of infringement of patent,

trademark or industrial design rights arising from use of

the Goods, or any part thereof in India. The Bidder /

Vendor shall, at their own expense, defend and

indemnify the Bank against all third party claims or

infringement including that on account of intellectual

Property Right, including Patent, trademark, copyright,

trade secret or industrial design rights arising from use

of the products or any part thereof in India or abroad.

We will defend or settle any third party claims

alleging that the HPE branded

products/services being provided by us

infringe any third party IPR.

The standard IPR infringement indemnity that

is offered by third party branded OEM

manufacturers and licensors will be directly

available to the Customer.


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IDBI Bank Limited





135 30, 34,

38

88 - 90

a Indemnity: The indemnity terms address all third party

claims and all third party IPR claims including

infringement on account of infringement including that

on account of intellectual Property Right, including

Patent, trademark, copyright, trade secret or industrial

design rights arising from use of the products or any part

thereof in India or abroad.

Annexure 1 (Form 5) - Deed of indemnity

There are several indemnity clauses in the RFP that creates

inconsistency, therefore Bidder requests to modify the existing

clauses to reflect the below:

"The Indemnifying Party ("Bidder") shall defend (settle and/or

pay damages awarded by the court) the Indemnified Party

("Bank") against any third party claims arising from the

following:

a. Claims for loss or damage to third party tangible property;

b. claim by any person in respect of bodily injury or death;

c. claims by any third party in respect of any IP infringement;

brought against or recovered from Indemnified Party by reasons

of any act or omission of the Indemnifying Party , his agents or

employees in the performance of the contractual obligation.

The indemnification by Indemnifying Party shall be subject to

Indemnified Party i) notifying the Indemnifying Party promptly

in writing of the claim in respect of which the indemnity applies

in order to allow the Indemnifying Party the opportunity to

investigate and defend the matter; ii) agrees to cooperate in

good faith with the Indemnifying Party at the request and

expense of the Indemnifying Party; and iii) giving the

Indemnifying Party the right to defend and settle the claim,

including any agreement relating to settlement; provided that

settlement of claim shall not imposes any financial obligation on

the Indemnified Party. iv) Duty to mitigate the loss

In case of any Indemnity claim by third party related to bodily

injury, death, tangible property, IPR Infringement the

Indemnifying Party shall pay defense cost, settlement amount or

court awarded damage. Both Indemnifying Party and

Indemnified Party specifically agree that Indemnifying Party is

not liable to the Indemnified Party for indemnification

obligations under the agreements to the extent that the act or

omission of the Indemnified Party or any of its agent or

employee or subcontractor contributed to that breach which

gave rise to a claim for indemnity. Indemnified Party also

undertakes to take reasonable effort to mitigate the loss to

Indemnifying Party as any reasonable person would do in similar

circumstances.


Place : Mumbai

Date : 11 February 2016

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