request for proposal (rfp) for selection of technical
TRANSCRIPT
REQUEST FOR PROPOSAL (RFP)
for
Selection of TECHNICAL SERVICE PROVIDER for
India Post Payments Bank Limited
Date: 27th September 2021
India Post Payments Bank
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Invitation for Request for Proposal (RFP)
India Post Payments Bank Limited invites proposals from eligible technical service providers in accordance with
the scope set out in this RFP document. This RFP may be downloaded by the bidders free of cost from the e-
procurement website (www.eprocure.gov.in). All the documents and process related information also be
published on the IPPB Website (www.ippbonline.com)
RFP Summary Sheet
Name of the company India Post Payments Bank Limited Procurement Reference Number CEO-CSMO/2021-22/ Cost of RFP/ Bid Processing Fee Payable (non-refundable)
Bidders shall submit non-refundable, Bid Processing Fee of INR. 5,000 (Five Thousand only) in the form of NEFT from a scheduled bank to the credit of India Post Payments Bank Limited to the following account- A/c No.: 36071473569 IFSC: SBIN0000691 Bank: State Bank of India, Parliament Street,
New Delhi Note: Bid documents once purchased cannot be transferred to another party
Cost of the earnest money deposit (refundable)
Rs. 4,30,000 (Four Lakh Thirty Thousand Only) in the form of NEFT/ Bank guarantee from a scheduled bank to the credit of India Post Payments Bank Limited to the following account- A/c No.: 36071473569 IFSC: SBIN0000691 Bank: State Bank of India, Parliament Street, New Delhi
Date of issue of the RFP Date: 27.09.2021 Time:18:00 Last date to seek clarification Date: 06.10.2021 Time:14:00 Pre-bid Meeting (Will be through VC/Physical Meet)
Date: 06.10.2021 Time:14:00
Date and Time for RFP submission / upload of bids
Date: 20.10.2021 Time:15:00
Date and time for Opening Technical Bids Date:21.10.2021 Time:15:00 Date and time for Opening Commercial Bids Date and Time : To be Communicated Primary point of contact for technical queries Name: Kadambari Sharma
Designation: Manager Email: [email protected] Contact Number: 9587703884 Name: Ankur Bhatt Designation: Chief Manager Email: [email protected] Contact Number: 9816049475 Name: Pankaj Manohar Ingle Designation: Assistant General Manager Email: [email protected] Contact Number: 9870012935
Place of Opening of Bids India Post Payments Bank, Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001
Address for Communication India Post Payments Bank, Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001
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The Bank reserves the right to change the schedule mentioned above or elsewhere mentioned in the document,
which will be communicated by placing the same as corrigendum under the RFP section from
www.eprocure.gov.in. All the documents and process related information will also be published on the IPPB
Website (www.ippbonline.com)The Bank reserves the right to reject any or all offers without assigning any
reason. Bid processing fee and Earnest Money Deposit must accompany all RFP offers as specified in this RFP
document and it should be handed over to the bank in a separate cover.
RFP offers will be opened in the presence of the bidder’s representatives who choose to attend the opening of
the RFP on the above-specified date, time, and place.
Eligibility criteria, Terms and Conditions and various formats and pro forma for submitting the RFP offer are
described in the RFP document.
Common terms of reference/ definition
Across the document the term
1) “Bank”, “IPPB” refers to India Post Payments Bank
2) “Bidder” refers to the applicants applying for this RFP and are interested in providing the sales
automation solutions services to the Bank
3) “Document” refers to this RFP document
4) “contract”, “agreement” refers to the master services agreement (including service agreements, terms,
and conditions etc.) to be signed between IPPB and the selected bidder
5) “Proposal”, “Bid”, “Application”, “Tender” & “Offer” refer to the bid submitted by the bidder in response
to the RFP herein.
6) “Users” refer to the Bank employees and other identified personnel
7) Technical Service Provider/service provider: A ‘service provider’ is a firm/company which has
‘Application service provider (ASP)’ certification from NPCI and providing AMS services along with
financial and non-financial transactions to banks for BCs under ASP model.
8) Services’ shall mean and include the Services offered by Service Provider more particularly described
in Clause 2 of this Agreement. ‘Services’ shall also include the implementation services, training
services and maintenance Services and other obligation of the Service Provider to be provided under
this document.
9) “Intellectual Property Rights” shall mean, on a worldwide basis, any and all: (a) rights associated with
works of authorship, including copyrights &moral rights; (b) Trade Marks; (c) trade secret rights; (d)
patents, designs, algorithms and other industrial property rights; (e) other intellectual and industrial
property rights of every kind and nature, however designated, whether arising by operation of law,
contract, license or otherwise; and (f) registrations, initial applications, renewals, extensions,
continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the
foregoing)
10) “Project Cost” means the price payable to the Service Provider under the Agreement for the full and proper performance of its contractual obligations.
11) Interpretations:
Reference to a person includes any individual, firm, body corporate, association (whether incorporated or not) and authority or agency (whether government, semi government or local).
The singular includes the plural and vice versa.
Reference to any gender includes each other gender.
The provisions of the contents table, headings, clause numbers, italics, bold print and underlining is for ease of reference only and shall not affect the interpretation of this Agreement.
The Schedules, Annexures and Appendices to this Agreement shall form part of this Agreement.
A reference to any documents or agreements (and, where applicable, any of their respective provisions) means those documents or agreements as amended, supplemented or replaced from time to time provided they are amended, supplemented or replaced in the manner envisaged in the relevant documents or agreements.
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A reference to any statute, regulation, rule or other legislative provision includes any amendment to the statutory modification or re-enactment or, legislative provisions substituted for, and any statutory instrument issued under that statute, regulation, rule or other legislative provision.
Any agreement, notice, consent, approval, disclosure or communication under or pursuant to this Agreement is to be in writing.
The terms not defined in this agreement shall be given the same meaning as given to them in the RFP. If no such meaning is given technical words shall be understood in technical sense in accordance with the industrial practices.
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Contents
1. Introduction ................................................................................................................................. 7
2. Scope of work ............................................................................................................................. 7
Scope of work for TSP for individual BCs on boarding under ASP Model:Error! Bookmark not
defined.
Support from vendor: ............................................................Error! Bookmark not defined.
Communication with IPPB ....................................................Error! Bookmark not defined.
3. Bidder Eligibility Criteria ............................................................................................................ 11
4. Bid Submission Process ........................................................................................................... 11
Steps to submit the bid ..................................................................................................... 11
Signature .......................................................................................................................... 12
Bid Submission ................................................................................................................. 12
4.3.1 Eligibility Bid ................................................................................................................................. 13
4.3.2 Commercial Bid ............................................................................................................................ 14
4.3.3 Earnest Money Deposit ......................................................................................................... 14
4.3.4 Bid processing Fee .................................................................................................................. 14
5. Bid Evaluation ........................................................................................................................... 15
Opening of RFP ................................................................................................................ 15
Shortlisting of Bidders ....................................................................................................... 15
Bid Evaluation .................................................................................................................. 15
Technical Bid Evaluation:.................................................................................................. 15
5.3.1. Commercial Bid Evaluation ............................................................................................... 16
6. Terms and Conditions ............................................................................................................... 17
Payment Terms ................................................................................................................ 17
Contract execution: ........................................................................................................... 17
Contract validity period ..................................................................................................... 18
Earnest Money Deposit .................................................................................................... 18
Period of validity of bids .................................................................................................... 18
Modifications and withdrawal of bids ................................................................................. 18
Clarification of bids ........................................................................................................... 18
Erasures or alterations ...................................................................................................... 18
Revised commercial bid .................................................................................................... 19
Cost and Currency ............................................................................................................ 19
Intellectual Property Rights ............................................................................................... 19
Indemnity ......................................................................................................................... 20
Non-transferable offer ....................................................................................................... 20
6.14. Representation and Warranties ........................................................................................... 20
Non-Disclosure Agreement ............................................................................................... 21
Confidentiality ................................................................................................................... 21
Compliance to Terms and Conditions ............................................................................... 23
Force Majeure .................................................................................................................. 23
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Blacklisting ....................................................................................................................... 23
Project timelines and maintenance:................................................................................... 24
Penalties: ......................................................................................................................... 25
Termination ...................................................................................................................... 26
Resolution of disputes and arbitration ............................................................................... 27
Applicable law and jurisdiction of court .............................................................................. 27
Performance Bank Guarantee .......................................................................................... 27
LIABILITIES/OBLIGATION ............................................................................................... 28
Contingency Plan ............................................................................................................. 28
Transition requirement: ..................................................................................................... 29
Liquidated damages: ........................................................................................................ 29
Sub-Contracting: .............................................................................................................. 29
Inspection and Audit ......................................................................................................... 29
7. Annexure .................................................................................................................................. 31
Annexure – I - Conformity Letter ....................................................................................... 31
Annexure II – Eligibility Criteria Compliance ...................................................................... 32
Annexure III – Letter of Indemnity ..................................................................................... 33
Annexure IV – Bidder Details ............................................................................................ 35
Annexure V – Bidder Response Cover Letter .................................................................... 36
Annexure VI – Comments on Terms and Conditions, Services and Facilities..................... 37
Annexure VII – Pre Bid Query Format ............................................................................... 38
Annexure VIII – Self-Declaration ....................................................................................... 39
Annexure IX – Power of Attorney for signing of application ................................................ 40
Annexure X – Commercial Bid Format .............................................................................. 42
Annexure XI – Earnest Money Deposit Form .................................................................... 43
7.12 Annexure XII – Performance Bank Guarantee Format .................................................. 44
7.13 Annexure XIII - Integrity Agreement ...................................................................................... 46
7.14 Annexure XIV – Checklist for Bid Submission ........................................................................ 53
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1. Introduction
India Post Payments Bank Ltd., a company, incorporated under the Companies Act, 2013 and a Banking
Company within the meaning of the Banking Regulation Act, 1949 and having its Registered Office and
Corporate Office at Speed Post Centre, Bhai Veer Singh Marg, New Delhi – 110 001. IPPB is engaged in
conducting banking and payments/remittance business providing services to retail and corporate customers
through 1.55 lakh access points.
The bank proposes to avail the services of reputed and experienced Technical Service Provider for AMS
(Agent Management System) for BC on boarding under ASP model. It will provide cutting edge technology
for improving organization’s effectiveness & productivity. It will also provide entire life cycle management
with analytics for BC network to reflect and take corrective measures for enhancing overall productivity.
The bank is looking to select one (1) eligible vendor for a duration of 3 Years. The Bank reserves the right to extend the term of the contract for a period of 2 years, in steps of 1-year extensions with a maximum of 2 such extensions on same or mutually agreed terms and conditions with the service provider. The renewal will be at the same rates / lower rates or mutually decided rate.
2. Scope of work
3. Scope of work
The scope of work / services expected from the selected vendor is to provide the following:
Scope of work for TSP for individual BCs on boarding under ASP Model: Scope of Work for TSP for Individual BCs onboarding under ASP model
# Module/
Parameter Functionalities
Severity level
1 Agent
Management System
Agent module for Web console and Mobile app for Handheld /Android based device.
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Hosted Agent Management System, Remote Device Management system, Flexibility to Host application optionally either at ASP premises or Bank premises or on cloud.
4
Coordinator (Distributor) module (Web & App). 4
On boarding of BCs in AMS in digital mode. BC KYC document management facility for regulatory purpose as a repository of Agents.
4
In addition to vendor’s BC network, IPPB can on board individual and corporate BCs via vendor platform.
4
Create hierarchies such as BC, Branch, Circle, Corporate office etc. and any other hierarchy levels required by bank. Tagging of BCs with hierarchy levels. Inter tagging of each hierarchy, such as BC>Branch>Circle Office>Corporate Office.
4
Setting variable functionalities (Cash limit, Transaction limit etc.) to different BCs & Hierarchies on various variable like Location, type etc.
3
Role based access/functionality to hierarchies for controls, activation, deactivation, Agent approvals etc.
4
Records keeping of all activities of BCs and all AMS hierarchies. 4
Vendor must have ASP Certification with NPCI for IMPS, UPI, AEPS, BBPS, Micro ATM.
4
2 ASP services/ Transactions
Transactions will be routed through NPCI independently without integrating with IPPB system. IPPB will participate as acquirer bank.
4
Domestic money remittance- Cash to Account transactions 4
All types of AePS services 4
BBPS services- Both Biller BBPOU and Customer BBPOU of IPPB & non-IPPB if required
4
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Card based cash withdrawal services- MATM 4
Going forward Bank can push IPPB’s Micro-ATM app on onboarded BC devices for availability of IPPB offered Product & services at BC points. Vendor need to ensure the enablement of same on devices.
4
IPPB can add other products and services as decided by bank time on time without giving any charges for setup/ built/implementation to vendor. Revenue sharing will be done same as already introduced services or less.
3
Automated incentive calculation basis set configurations. Transaction based instant commission processing and reflecting in Dashboards, reports etc.
4
3 Value added
services
Ticket Booking for bus, flight, rail etc. 3
EMI Cash Collection, 3
Other services as decided by IPPB on time to time. 3
4 Communication
Agent engagement with “in App Banner” & Notification modules 4
Push Notifications, Media, text, and links etc. to BC apps 4
BC should have ability to raise Queries, Requests, Complaints, feedbacks etc. in app as well as on a toll free number/email/ customer care etc. on behalf of customer or him/herself.
4
Multiple language interface (13 languages) 4
5 Training & Support
On-ground/remote or both training and assessment of BCs within 7 days of on boarding or intimation from IPPB on new products and services.
4
Service Provider shall train designated Bank officials on the configuration, operation/ functionalities, maintenance, support & administration for ASP tool & AMS, application architecture and components, installation, troubleshooting processes of the proposed Services.
4
Online training platform for pushing all training content including videos and IBA BC certification.
4
Operations management support for all types of activities and transactions.
4
6 Target & Goal
settings
Real time Individual mobile dashboard for BCs for reflecting the achievement Vs Target across the parameters shared by IPPB. BCs should be able to see their performance dashboard for herself/himself.
4
Dashboard analytics to display the count and value of activities achieved vs the target FTD, MTD, YTD.
4
Visual analytics dashboard for BC performance on visits and activities defined should be available on EOD, MTD, YTD and, WTD
4
Corporate and circle level dashboards for all hierarchies such as BCs, Branch, Circle, Corporate office to be made available
4
The data should be refreshed on real-time basis or as decided by bank 4
Integration should be available if required by bank so that the data can flow directly from IPPB systems to the TSP tool and vice versa and can be refreshed on real time basis.
4
Role based access to IPPB for the performance reports of all hierarchies with target vs achievement clearly indicated.
4
7 MIS
Vendor must provide an MIS web module to bank for generating all the required MIS reports
4
MIS reports on every aspect and parameter on BCs, and IPPB Hierarchies
4
Design and deliver MIS reports pertaining to various departments of bank like, Operation, Risk, compliance, HR, Finance, regulatory reporting, operation support, customer/agent grievance handling, reconciliation etc. on monthly, quarterly, and yearly basis. Also, as per the department’s time to time requirements.
4
MIS reports as per formats decided by IPPB as on requirement basis including reconciliation reports as per required frequency.
3
Integration with IPPB system for flow of data on various parameters. 4
MIS will be provided on hourly, daily, weekly, monthly, yearly basis or whenever required by bank.
3
MIS system to download the reports with role-based access according to Hierarchy levels.
4
9
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Cash management,
reconciliation & refund
settlement
Cash Management, reconciliation and refund management will be done by vendor.
4
Any discrepancy in cash management/ reconciliation/ settlement will be handled and resolved by vendor within defined TAT.
4
Any cost incurred on the resolution/settlement will be borne by vendor. 4
Vendor need to maintain a security deposit or settlement bank guarantee or both in favour of IPPB. Amount of security deposit/ settlement bank guarantee will be decided by IPPB and may be increased based on increase in business volume.
4
9 Agent Ledger Management
Mirror account in AMS to reflect every corresponding transaction by agent so that each & every txn done by the agent is recorded and notified to bank
Agent ledger balance which must reflect every corresponding transaction.
Agent shall be provided option to load/ withdraw money in pre-paid account from IPPB/other accounts.
ASP BC to be able to monitor the balance usage should be able to add balance to increase the limit of transactions. BC can utilize up to 80% of prepaid account balance for transactions.
4
10
Customer Service and Grievances
Management System
A comprehensive customer service and grievance management system to be provided by TSP. The system to have following functionalities:
1. Capturing Service Requests/ Complaints: The system to be capable of capturing customer grievances from various channels such as Walk-in to BC Location through BC hand held device (HDD), IPPB contact Center, IPPB branches etc.
2. Case assignment: Service Request/complaint needs to be assigned to the concerned branch of the BC point/CPC. The Branch/CPC will be the fulfilment unit in case of these complaints. However, the system should be capable enough to re-route any category of complaint across different fulfilment units. (Assignment/reassignment logic)
3. TAT and case Monitoring & Case engagement: The system provided must have the capability to: Define and update the TAT for various categories of service
requests/complaints offered to the customer. However, the TATs
for various services offered must align with any regulatory guidelines imposed as and when by the regulators.
4. Backend Support: TSP to provide backend unit for coordination with bank’s CPC and other units for customer grievance resolution. In order to resolve customer queries within defined TAT.
5. Regulatory Reporting: Service management Reports for Regulatory purpose (e; g Service request / complaint creation date, Assignment date, TAT Management, closure Date, amount, etc.).
4
11 Devices
Mobile based integrated devices. 4
Devices will be provided directly to BCs by TSP on CAPEX or OPEX/Rental model as mutually agreed by IPPB and Vendor.
4
All the devices and software must be as per standards published by NPCI, UIDAI or any other related authorities.
4
Device management will be done by vendor 4
Device specifications- 1. Biometric enabled 2. Card + Pin enabled 3. Mobile apps compatibility
4
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4. NFC enabled
In addition to requirements as stated in table above, IPPB time to time runs various projects across various variables like
New Product launch
Primary research on data points
Behavioral dynamics of internal and external customers
Projects and studies with partner entities
Disbursements of various Government DBT scheme
Various Social welfare initiatives etc.
For all these activities we need to collect data from fields so system should have capability to accommodate any new requirement.
Further, any new functionalities, software developments, system upgrades done for the organization or any
vendor by the service provider or any such functionality developed by competition for any vendor shall be
communicated to bank and shall also be made available to bank if required by IPPB.
Support from vendor: Online as well as Back-end training support to BCs and approx. 2000 bank employees on regular
basis. The vendor should conduct an initial training through videos, classroom trainings (theory and hands-on) to train employees on usage and features of the TSP tool for both mobile and desktop users. Refresher trainings to be provided at regular intervals to address attrition and any new updates in the system.
Easy to understand multilingual videos shall be provided by the vendor covering the detailed explanation of the features and functionalities of the TSP tool.
Online learning modules shall be provided by the vendor which can be hosted by the bank in their learning module portal.
A dedicated team from the vendor shall be stationed at the IPPB Corporate office for operational support, QA, for resolving the on-field queries of the employees and to ensure the smooth functioning of the TSP tool.
Escalation matrix shall be shared by the vendor for the resolution of queries within the mentioned TAT.
Contact centre and/or Chatbot facility shall be provided by the vendor for grievance resolution.
The BC/agents on boarded by service provider must be certified / trained with necessary IIBF BC certifications. Only after completion of mentioned certifications these BC/agents will be eligible for performing banking transactions on Bank’s behalf.
Communication with IPPB Selected vendor must provide contact centre facility at least from 9 a.m. to 9 p.m. (12 hrs) to
facilitate co-ordination and assistance via contact centre when needed.
For the first 6 months a dedicated team to implement and stabilize the system and to resolve any issues should be stationed at IPPB Corporate office.
Periodic MIS, business reports, analytics, regular system uptime and downtime updates should be shared by the vendor. Timeline to update uptime and downtime should be fixed.
All new system updates should be clearly communicated to IPPB on time.
Clearly defined Grievance handling mechanism with detailed SOP should be shared with IPPB. All the complaints/grievances should be resolved within the defined TAT (Turnaround time) decided by IPPB.
All additional features/updates in the TSP tool should be provided to IPPB at no additional cost.
Details of the new features/capabilities built into the system should be shared with IPPB regularly and no changes to be done in the system without explicit written consent of IPPB.
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4. Bidder Eligibility Criteria
To be considered for selection by the Bank, the bidders should meet the following criteria:
Sn. Criteria Documents to be submitted
1.
The Bidder should be a Government Approved Agency/ Company established in India and should have been in existence for the at least the last 3 financial years as on 31.03.2021.
Copy of i) Certified copy of MOA/AOA of the
company. ii) Extract of the Board Resolution authorising
the company to participate in the said tender process &
iii) Duly authenticated Last 3 years Audited Balance sheet.
2. The Bidder shall be currently serving at least three reputed public sectors /private sectors banking companies.
Letters of Engagement issued by the companies/ organization/ Banks
3. Annual revenue worth Rs. 50 cr or above in each of the last two financial years as on 31.03.2021
Copy of the Audited Financial Statements /CA certified Certificate evidencing turnover.
4. Bidder should have positive Net worth in each of the last two financial years as on 31.03.2021
Copy of the Audited Financial Statements /CA certified Certificate evidencing Net worth.
5. Bidder should be a profit making entity in each of the last two financial years as on 31.03.2021
Copy of the Audited Financial Statements /CA certified Certificate evidencing positive net profit.
6. Bidder should submit ITR document in each of the last two financial years as on 31.03.2021
Copy of self-attested ITR document
7.
The bidder should not have been blacklisted / barred / disqualified by any regulator / statutory body / Government organisation, or any other Public Sector company in the past 3 financial years. Bidder should not be under liquidation/ bankruptcy or any similar proceedings.
Self-Declaration (in Annexure VIII – Self-Declaration)
8. The bidder should have GST registration in mentioned activity.
Duly authenticated Copy of GSTN Registration Certificate bearing GST No.
9. The bidder should be NPCI certified application service provider (ASP)
Duly authenticated Copy of Certificate issued by NPCI
10. The bidder or the OEM of the offered products must have ISO 900, CMMI, IEC 20000 certifications.
Duly authenticated Copy of ISO 9001 Certificate
11. PAN India presence Self-Declaration
5. Bid Submission Process
Steps to submit the bid
a. The Bid prepared by the Bidder, as well as all correspondence and documents relating to the Bid
exchanged by the Bidder and Bank shall be written in English language.
b. Bidder shall download the proposal & intimate the Bank with Contact person name and contact email
ID, hereafter called registered bidder.
c. Bidder may attend Pre-bid meeting and send queries (if any) on the RFP as per the format mentioned
in Annexure: Pre-bid Query Format.
d. Answers to queries, clarifications and changes in the RFP document (if any), shall be communicated
through CPP Portal.
e. Bidder shall upload/submit Bids completed in all respects by the due date.
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f. Bank will make all the earnest efforts to adhere to the timelines. The dates mentioned are tentative and
may be altered in response to circumstances beyond control.
Signature
The covering letter must be signed with the Bidder’s name and by an Authorized Signatory of the Bidder, who is authorized to commit the Bidder to contractual obligations. All obligations committed by such signatories are liable to be fulfilled by the Bidders who would be selected to carry out the project as per the terms of this RFP.
All the commitments, obligations, and responses (all the pages) against this RFP must be signed by the signatory of the Bidder and are enforceable through contracts which may be signed at the end of the bidding process.
KYC documents of the directors and authorized signatory of the bidder firm should be submitted which includes DIN, PAN and Identity documents etc.
Board resolution confirming the authorized signatories for the firm need to be submitted by bidder.
Bid Submission
a. Bank will not accept delivery of Bid in any manner other than that specified in this document. Bid
delivered in any other manner shall be treated as defective, invalid and rejected.
b. An authorized signatory of the Bidder shall sign all the pages of the original Bid. The authorization shall
be in the form of a written Power of Attorney (refer Annexure IX – Power of Attorney for signing of
application) accompanying the Bid or through Board resolution or in any other form demonstrating that
the signatory has been dully authorized to sign.
c. The Bidders are required to submit soft copies of their Bids electronically on the CPP Portal using valid
Digital Signature Certificates. More information useful for submitting online Bids on the CPP Portal may
be obtained at https://eprocure.gov.in/eprocure/app
d. Bidders are required to enroll on the e-procurement module of the CPP Portal (URL:
https://eprocure.gov.in/eprocure/app) by clicking on the link “Online Bidder Enrolment”. Enrolment on
the CPP Portal is free of charge.
e. As part of the enrolment process, the Bidders will be required to choose a unique username and assign
a password for their accounts.
f. Bidders are advised to register their valid email address and mobile numbers as part of the registration
process. These would be used for any communication from the CPP Portal.
g. Upon enrolment, the Bidders will be required to register their valid Digital Signature Certificate (DSC)
(Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized
by CCA India, with their profile. Only one valid DSC should be registered by a Bidder. Please note that
the Bidders are responsible to ensure that they do not lend their DSCs to others which may lead to
misuse.
h. Bidder will then log in to the site through the secured log-in by entering their user ID/password and the
password of the DSC/e-Token
i. The Bidders should upload the scanned copies of all relevant certificates, documents etc. on
www.eprocure.gov.in in support of the RFP. The Bidder should sign on all statements, documents etc.
uploaded by them owning responsibility for their authenticity. Bids must be submitted online by the last
date and time indicated in the “Invitation to Bid”.
j. Bidders are required to submit bids as per the format specified in this document. Submission of the Bids
in wrong format will result in the Bid being deemed non-responsive.
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k. Along with the submission of the bid on the CPP portal, the bidders are required to submit the bid
processing fee of INR 4,30,000 and Earnest Money Deposit of INR 4,30,000 through NEFT/Bank
Guarantee, and the receipt of the NEFT transfer also needs to be submitted as part of the online
submission through CPP portal.
The following officials shall be available for any assistance.
1) Rishikesh Sharma (For CPP Portal related queries) 2) Kadambari Sharma 3) Ankur Bhatt 4) Pankaj Manohar Ingle
l. The proposal should be prepared in English in PDF format.
m. Interested and eligible bidders may submit their proposal in the prescribed format (enclosed here) with
complete information. The proposal duly filled in, along with all supporting document(s)/information
should be submitted to the bank through the CPP Portal.
n. The bids shall be submitted in four parts enclosed in four separate documents:
Eligibility Bid
Commercial Bid
Earnest Money Deposit
Bid Processing fee
o. The documents are to be submitted in the following naming standard:
Eligibility/Commercial Bid:
“<Bidder Name>’s Eligibility/Commercial bid in response to Selection of ‘Technical Service
Provider’ for India Post Payments Bank Limited”
EMD submission: NEFT acknowledgment receipt for INR 4,30,000 must be submitted separately
on the CPP portal using the following name convention:
“<Bidder Name>’s EMD deposit in response to Selection of Technical Service Provider for India
Post Payments Bank Limited”
Bid processing fee: NEFT acknowledgment receipt for INR 4,30,000 must be submitted separately
on the CPP portal using the following name convention:
“<Bidder Name>’s Bid Processing fee in response to Selection of Technical Service Provider for
India Post Payments Bank Limited”
4.3.1 Eligibility Bid
The bidders are required to submit the bid eligibility documents which should contain all the documents
mentioned below and supporting documents as mentioned in the respective documents/annexures:
a) Duly filled Annexure – I - Conformity Letter
b) Duly filled Annexure II – Eligibility Criteria Compliance along with supporting documents
c) Duly filled Annexure III – Letter of Indemnity
d) Duly filled Annexure IV – Bidder Details
e) Duly filled covering letter per Annexure V – Bidder Response Cover Letter
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f) Comments on T&C if any from the bidder per Annexure VI – Comments on Terms and
Conditions, Services and Facilities
g) Queries if any from the bidder per Annexure VII – Pre Bid Query Format
h) Duly Filled self-declaration as per Annexure VIII – Self-Declaration
i) Duly filled Annexure IX – Power of Attorney for signing of application
j) Duly filled and executed Annexure XIII – Integrity Pact
Supporting documents shall be attached with each duly filled Annexure.
4.3.2 Commercial Bid
The bidder shall submit the commercial bid as per the format given in Annexure X – Commercial Bid
Format only.
The Commercial Offer should give all relevant price information as per Annexure X – Commercial Bid
Format and should not contradict the Eligibility document in any manner.
4.3.3 Earnest Money Deposit
The list of the documents required to be enclosed with the earnest money deposit is mentioned below:
1) Duly filled Annexure XI – Earnest Money Deposit Form
2) The earnest money deposit of INR 4,30,000 only shall be denominated in Indian Rupees only and
shall be in the form of NEFT from a scheduled bank to the credit of India Post Payments Bank Limited
to the following account-
A/c No.: 36071473569 IFSC: SBIN0000691 Bank: State Bank of India, Parliament Street, New Delhi.
After the selection of the bidder, the EMD will be returned within 30 days of declaration of the selected bidder.
4.3.4 Bid processing Fee
The following document should be enclosed with the bid processing fee:
1) NEFT acknowledgment receipt for the bid processing fee of INR. 5,000 only.
2) The fee shall be denominated in Indian Rupees only and shall be in the form of NEFT from a scheduled
bank to the credit of India Post Payments Bank Limited to the following account-
A/c No.: 36071473569 IFSC: SBIN0000691 Bank: State Bank of India, Parliament Street, New Delhi
Submission will be valid only if copies of the response documents are submitted as per defined clauses in
the document and before the mentioned submission closing date and time. Only one Submission of
response by each bidder will be permitted.
All responses would be deemed to be irrevocable offers / proposals from the bidders and may, if accepted
by the Bank, form part of the final contract between the Bank and the selected bidder.
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6. Bid Evaluation
Opening of RFP
For responses received within the prescribed closing date and time, the Bank will scrutinize the offers
received to determine whether they are complete and as per the requirements, and also whether all the
required documents, as asked for and required to evaluate the responses have been submitted, whether
the documents have been properly signed, etc.
The Bank may, at its discretion, waive any minor non-conformities or any minor irregularity in the proposal.
This shall be binding on all bidders and the Bank reserves the right for such waivers.
Shortlisting of Bidders
Upon receipt of applications the same shall be scrutinized and evaluated by the Bank based on bidder
eligibility criteria mentioned in RFP and the Bank will shortlist/select bidders and the same shall be
communicated to the bidders. The Bank also reserves the right to accept or reject any or all applications
without assigning any reason whatsoever.
During pre-qualification and evaluation of the proposals, Bank may, at its discretion, ask bidders for
clarifications on their proposal. The bidders are required to respond within the time frame prescribed by
IPPB.
Bidders are not permitted to modify, substitute or withdraw proposals after its submission.
Bid Evaluation
The evaluation will be done on the basis of the two broad categories i.e Technical and Commercial
evaluation as elaborated below. Each category has parameters defined with weightage allocated against it.
The vendor has to score the highest marks to win the bid.
Technical Bid Evaluation:
Technical evaluation will be carried out before commercial bid evaluation. Applicants who qualify in the
technical evaluation will be assessed for commercial bid evaluation Bank’s appointed panel will evaluate
and score the bidders on technical expertise.
Technical Expertise Evaluation Criteria (Demonstration & Assessment based on scope of work) Max Marks: 45%
Each parameter/category is allocated weights as mentioned below:
S. No. Category Score Max. Score
1. Technical expertise with live demonstration of both mobile and web user functionalities during the assessment organized by IPPB. Technical expertise will be assessed on the basis of scope of work mentioned in the RFP Minimum Qualifying Score - 32%
A1 40%
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2. Experience with at least 3 organization # 3 organization = 3% marks # 4 to 6 organization = 4% marks # More than 6 organization = 5% marks
A2 5%
Table:1
The blended quote is calculated using the formula mentioned below:
Blended Quote (A)= A1 + A2
5.3.1. Commercial Bid Evaluation
The commercials quote shall be transaction based with no pre conditions in terms of value or volume,
preferably no additional integration or certification cost.
Commercial bid Evaluation Criteria Max Marks: 55%
Each parameter/category is allocated weights as mentioned below:
Illustration: For example, bidder ‘X’ has quoted INR 0.05 and bidder ‘Y’ has quoted INR 0.70 as cost per
transaction. Score will be calculated for both as mentioned below:
Bank is expecting per cost transaction in range of INR 0.00 to 1.00. Lower the cost per transaction will fetch
higher points against the weightage.
(B1 will be taken from Annexure X – Commercial Bid Format)
Total Score: Blended Quote (A) + Blended Quote (B)
Based on the blended quote arrived at, the bidder with the Highest Score would be “L1”, the bidder having
the next lower score would be “L2” and so on. L1 shall be awarded the contract.
In case of a tie between the blended quote evaluated for the bidders, the bidder offering the (In order of
importance, Highest to lowest): --
Higher scorer in Commercial Bid (Score B) will be considered.
Higher scorer in A1 will be considered.
Higher scorer in A2 will be considered.
Category Score Score slab INR)
Per transaction cost (M)
Score B = (1-M) * highest weightage for the corresponding score slab
0.01 to 0.299 - 55% 0.3 to 0.499 - 45% 0.5 to 0.749 - 25% 0.75 to 1- 15%
Bidder Price quote (INR) Score B
X 0.05 (1-0.05)*55% = 52.25%
Y 0.70 (1-0.70)*25% = 7.50%
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The bank also reserves the right to carry out further negotiations with the L1 on the commercial proposal after the conclusion of the tendering process. When deemed necessary, the bank may seek clarifications on relevant aspects from the bidder. However,
that would not entitle the bidder to change or cause any change in the substance of the Bid submitted.
It may be noted that the ratio mentioned for the computation of the blended quote is only for computation of
the blended quote, and the actual business volume/mix can vary depending on business requirements.
Illustrations of Bid Evaluation:
Illustrations
Parameter Bidder XY Bidder YZ Bidder ZA Bidder AB
Weightage Data Points Score Data Points Score Data Points Score Data Points Score
Technical Evaluation (A)
Live Demonstration of Capabilities (A1)
40% 32 32 35 35 31 31 37 37
Experience (A2) 5% 3 3% 3 5 4% 4 7 5% 5 9 5% 5
Total 35 39 36 42
Commercial Evaluation (B)
Rates Quoted (0.05 INR to 1 INR (B)
55% 0.7 7.50% 7.50 0.5 12.50 12.50 0.4 27% 27 0.1 49.50% 49.50
Grand Total (A + B) 42.50 51.50 63 91.5
In the above illustration, Bidder AB has the highest overall score and hence is the L1 bidder.
7. Terms and Conditions
Payment Terms
Payment will be made monthly only after submission of valid invoices within reasonable period of time (not exceeding 7 days) clearly marking out invoice amount, number of licenses etc.
All the payments to the service provider shall be subject to the performance / delivery of the services to the satisfaction of the bank for this purpose.
All payments shall be made in Indian Rupees.
The Bank may withhold payment of any charges that it disputes in good faith, and may set-off penalty amount and any other amount which Service provider owes the Bank against charges payable to Service provider
Penalties / Liquidated damages, if any, shall be deducted from the invoice value.
Penalties attributable to the fault of the service provider will not be payable by the bank.
There will be no advance payment made by the Bank to the bidder for any part of the services within the scope of work.
The rates quoted by the bidder shall be firm throughout the period of the contract for the work assigned and discharge of all obligations under the present proposal/arrangement.
Service Provider shall be paid fees and charges in the manner detailed in hereunder, the same shall be subject to deduction of income tax thereon wherever required under the provisions of the Income Tax Act by the Bank.
All duties and taxes, if any, which may be levied, shall be borne by the Service Provider and Bank shall not be liable for the same. All expenses, stamp duty and other charges/ expenses in connection with execution of the Agreement shall be borne by Service Provider.
Service Provider shall provide a clear description quantifying the service element and goods element in the invoices generated by them.
Contract execution:
The successful bidder shall execute a Contract and Service Level Agreement (SLA) within 30 days of the bidder declared successful in this bidding process. All the terms and conditions under SLA will be legally abide by vendor.
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Contract validity period
The project will be for a duration of 3 Years. The Bank reserves the right to extend the term of the contract for a period of 2 years, in steps of 1 year extensions with a maximum of 2 such extensions on same or mutually agreed terms and conditions with the service provider.
Earnest Money Deposit
The bidder shall furnish, as part of its Eligibility Bid, earnest money deposit of INR 4,30,000 as mentioned in the ‘Invitation to Bid’. The earnest money deposit shall be denominated in Indian Rupees only and shall be in the form of NEFT from a scheduled bank to the credit of India Post Payments Bank Limited. Any bid not secured in accordance with the above will be rejected by the Bank as non-responsive. The EMD may be forfeited:
1) If the bidder withdraws its bid during the period of bid validity specified by the bidder
OR 2) In case of the successful bidder, if the bidder fails:
a. To sign the contract b. To furnish performance bank guarantee
Earnest Money Deposit of all bidders, except successful bidders, shall be refunded on declaration of successful bidders by obtaining claim letter from the bidders. In case of successful bidders, the same shall be refunded upon furnishing of the performance bank guarantee.
Period of validity of bids
The process of bid evaluation, approval and subsequent activities may be assumed to take a reasonable amount of time. Therefore, the bids shall remain valid for 6 months after the date of opening of bid as prescribed by the Bank. A bid valid for a shorter period shall be rejected by the Bank as non-responsive.
Modifications and withdrawal of bids
No bid can be modified/ withdrew by the bidder, after the closing date and time for submission of bids.
Clarification of bids
A bidder requiring any clarification on this document may notify the bank in writing by e-mail at the email address provided in the “RFP Summary Sheet”. Bidders shall send the queries only in the prescribed format specified in Annexure VII – Pre Bid Query Format mentioned in the document. No requests for clarification will be accepted by telephone. Bank shall respond over email or in writing and post online any request for clarification of the RFP document that it receives until the date mentioned in RFP Summary Sheet. Any questions submitted post the clarification submission date shall not be considered by the bank. In no event the bank will be responsible for ensuring that bidder’s inquiries have been received by bank.
Erasures or alterations
The proposal/documents submitted by the bidder on the CPP portal would be considered as the official/final submission by the bidder.
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The offers containing erasures or alterations will not be considered. There should be no hand-written material, corrections or alterations in the offer. All the details must be completely filled. Correct information of the product being offered must be filled in. Filling the information using terms such as “OK”, “accepted”, “noted” may not be acceptable. The bank may treat offers not adhering to these guidelines as unacceptable.
Revised commercial bid
If necessary, the bank reserves the right to call for revised eligibility and commercial bid from all the interested bidders for the selection of the Technical Service Provider.
Cost and Currency
The offer must be made in Indian Rupees only. The price quoted should be inclusive of applicable duties, levies and charges, GST etc. All costs should be given in Figures and Words. No cost variation will be permitted other than statutory dues (Upward revision of service taxes will be borne by the Bank and benefit of downward revision of taxes shall be passed by the bidder to the Bank). The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Bank or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and the Bank shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding Process.
Intellectual Property Rights
The name, logo, design, and other proprietary rights of IPPB is solely the property of the IPPB only and
in no case the bidder shall use the same.
For any technology / Software / solution developed/used/supplied by Service provider for performing
Services or licensing and implementing software and solution for the Bank, Service Provider shall have
right to use as well right to license for the outsourced services or third party product. Any license or
IPR violation on the part of Service provider shall not put the Bank at risk.
Without the Bank’s prior written approval, Service provider will not, in performing the Services, use or
incorporate, link to or call or depend in any way upon, any software or other intellectual property that is
subject to an Open Source or Copyleft license or any other agreement that may give rise to any third-
party claims or to limit the Bank’s rights under this document.
Service Provider shall, at its own expenses without any limitation, indemnify and keep fully and
effectively indemnified the Bank against all cost, claims, damages, demands, expenses and liabilities
whatsoever nature arising out of or in connection with all claims of infringement of Intellectual Property
Right, including patent, trademark, copyright, trade secret or industrial design rights of any third party
arising from use of the technology / Software / products or any part thereof in India or abroad, for
Software licensed/developed as part of this engagement. In case of violation/ infringement of patent/
trademark/ copyright/ trade secret or industrial design or any other Intellectual Property Right of third
party, Service Provider shall, after due inspection and testing, get the solution redesigned for the Bank
at no extra cost.
Service Provider shall expeditiously have extinguished any such claim and shall have full right to defend
it there from. The Bank will give (a) notice to Service provider of any such claim without delay/provide
reasonable assistance to Service provider in disposing of the claim; and; (b) will at no time admit to any
liability for or express any intent to settle the claim.
Software licensed/developed as part of this project can be put to use in all offices of the Bank.
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Indemnity
The bidder shall indemnify, protect and save the Bank and hold the Bank 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
1) An act or omission of the bidder, its employees, its agents in the performance of the services provided by the bidder,
2) Breach of any of the terms of this RFP or breach of any representation or warranty by the bidder, 3) Use of the deliverables and/or services provided by the bidder, 4) Infringement of any patent, trademarks, copyrights etc. or such other statutory infringements in
respect of all components provided to fulfil the scope of the work herein. Bidder shall further indemnify the Bank against any loss or damage to the Bank’s premises or property, Bank’s data, loss of life, etc. due to the acts of the bidder’s employees or representatives.
The bidder shall further indemnify the Bank 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 the Bank for malfunctioning of the equipment or software or deliverables at all points of time,
provided however,
1) The Bank notifies the bidder in writing immediately on aware of such claim, 2) The bidder has sole control of defence and all related settlement negotiations, 3) The Bank provides the bidder with the assistance, information and authority reasonably necessary
to perform the above, and 4) The bidder shall in no event enter into a settlement, compromise or make any statement (including
failure to take appropriate steps) that may be detrimental to the Bank’s (and/or its customers’ and bidders’) rights, interest and reputation.
Bidder shall be responsible for any loss of data, loss of life etc. due to acts of bidder’s representatives,
and not just arising out of gross negligence or misconduct etc. as such liabilities pose significant risk.
Bidder should take full responsibility for its and its employee’s actions.
The bidder should indemnify the Bank (including its employees, directors or representatives) from and
against claims, losses, and liabilities arising from:
1) Non-compliance of the bidder with Laws / Governmental Requirements 2) IP infringement 3) Negligence and misconduct of the bidder, its employee, and agents 4) Breach of any terms of RFP, representation or warranty 5) Act or omission in permission of service 6) Loss of data 7) The Bidder shall keep the bank informed of all development regarding such actions, claims, costs,
damages, demands, expenses, losses and liabilities and shall not dispute, compromise or otherwise deal with the same.
However, indemnity would cover damages, loss or liabilities suffered by the bank arising out of claims made
by its customers and/or regulatory authorities.
Non-transferable offer
This tender document is not transferable. Only the party to whom it is issued is entitled to submit the offer
to the bank.
The bidder shall not assign the contract or any part thereof to any other agency / party without the prior
written consent / approval of the bank OR sub-contracting of the work to any other party is not allowed.
6.14. Representation and Warranties
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Successful Bidder represents and warrants to the IPPB as follows:
i. It has been duly incorporated in India and is valid as per the existing laws of India. ii. It shall not violate any proprietary and/ or intellectual property rights of any third party, including
without limitation, confidential relationships, patents, trade secrets, copyright and/or any other proprietary rights.
iii. The Employees of the successful Bidder shall continue to be its Employees and work under its discretion and shall not claim any employment from IPPB by the virtue of providing the services, irrespective of the location of their work. The payment of salary, benefits and all related taxes for the employees of the respective party will be the sole responsibility of that party only.
iv. Will not contravene any provision of any law, statute, rule or regulation or any order, writ, injunction or decree of any court, governmental instrumentality or Governmental Authority to which it is subject.
v. The signatory to all the documents related to this project has due authority and power in its favour to execute all the agreements related to project and bind and such authority and power is still valid and subsisting.
vi. The Agreement to be executed under the project constitutes legal, valid and binding obligations of such Party enforceable in accordance with its terms; and
vii. The execution and delivery of, and the performance of obligations under and in compliance with the provisions of this project will not result in: (i) a violation of any terms and conditions of Articles of Association, Memorandum of Association or any other relevant charter documents of respective party whereby the respective Parties are constituted; or (ii) a breach of, or constitute a default under, any instructions to which it is a party or by which it is bound; or (iii) a violation of any law or regulation in any jurisdiction having the force of law or of any order, judgment or decree of any court or governmental agency or agreement to which it is a party or by which it is bound.
viii. That the successful Bidder is not misleading IPPB in any way; ix. No litigation, arbitration or administrative proceeding is presently taking place, pending or to the
knowledge of the successful Bidder threatened against or otherwise involving the successful Bidder which could have an adverse effect on its business, assets or financial condition or upon IPPB's reputation;
x. That the successful Bidder will immediately notify IPPB of the occurrence of any event, fact or circumstance which may cause a material adverse effect on the successful Bidder business, assets or financial condition, or IPPB's reputation or render the successful Bidder unable to perform its obligations under the agreement, if any or have a material adverse effect on the evaluation of the responses by Bank; and
xi. the successful Bidder has not and will not seek to influence any decisions of IPPB during the evaluation process or engage in any uncompetitive behaviour or other practice which may deny legitimate business opportunities to other successful Bidders
Non-Disclosure Agreement
As the successful bidder will have access to the data of the Bank, the Bank may require the successful bidder to sign a Non-Disclosure agreement undertaking indemnity for not disclosing or part with any information relating to the Bank and its data to any person or persons or authorities, without written consent of the Bank. Breach of the same will result in cancellation of the agreement apart from other remedies which shall be available to the Bank against the bidder. If the Bank decides, Bidder shall sign non-disclosure agreement within one month of the bidder being declared successful, failing which Bank will cancel the order and may take appropriate action against the bidder.
Confidentiality
“Confidential Information” mean all information which is material to the business operations of either
party or its affiliated companies, designated as being confidential or which, under the circumstances
surrounding disclosure out to be treated as confidential, in any form including, but not limited to,
proprietary information and trade secrets, whether or not protected under any patent, copy right or
other intellectual property laws, in any oral, photographic or electronic form, whether contained on
computer hard disks or floppy diskettes or otherwise without any limitation whatsoever. Without
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prejudice to the generality of the foregoing, the Confidential Information shall include all information
about the party and its customers, costing and technical data, studies, consultants reports, financial
information, computer models and programs, software Code, contracts, drawings, blue prints,
specifications, operating techniques, processes, models, diagrams, data sheets, reports and other
information with respect to any of the foregoing matters. All and every information received by the
parties and marked confidential hereto shall be assumed to be confidential information unless
otherwise proved. It is further agreed that the information relating to the Bank and its customers is
deemed confidential whether marked confidential or not.
All information relating to the accounts of the Bank’s customers shall be confidential information,
whether labelled as such or otherwise.
All information relating to the infrastructure and Applications (including designs and processes) shall
be deemed to be Confidential Information whether labelled as such or not. Service provider
personnel/resources responsible for the project are expected to take care that their representatives,
where necessary, have executed a Non-Disclosure Agreement to comply with the confidential
obligations under this Project.
Each party agrees that it will not disclose any Confidential Information received from the other to any
third parties under any circumstances without the prior written consent of the other party unless such
disclosure of Confidential Information is required by law, legal process or any order of any government
authority. Service provider, in this connection, agrees to abide by the laws especially applicable to
confidentiality of information relating to customers of Banks and the banks per-se, even when the
disclosure is required under the law. In such event, the Party must notify the other Party that such
disclosure has been made in accordance with law; legal process or order of a government authority.
Each party, including its personnel, shall use the Confidential Information only for the purposes of
achieving objectives set out in project Agreement. Use of the Confidential Information for any other
purpose shall constitute breach of trust of the same.
Each party may disclose the Confidential Information to its personnel solely for the purpose of
undertaking work directly related to the project. The extent of Confidential Information disclosed shall
be strictly limited to what is necessary for those particular personnel to perform his/her duties in
connection with the project. Further each Party shall ensure that each personnel representing the
respective party agree to be bound by obligations of confidentiality.
The non-disclosure obligations herein contained shall not be applicable only under the following
circumstances:
(i) Where Confidential Information comes into the public domain during or after the date of project
otherwise than by disclosure by receiving party in breach of the terms hereof.
(ii) Where any Confidential Information was disclosed after receiving the written consent of disclosing
party.
(iii) Where if receiving party is requested or required by law or by any Court or governmental agency
or authority to disclose any of the Confidential Information, then receiving party will provide the
other Party with prompt notice of such request or requirement prior to such disclosure.
(iv) Where any Confidential Information was received by the receiving party from a third party which
does not have any obligations of confidentiality to the other Party.
(v) Where Confidential Information is independently developed by receiving party without any
reference to or use of disclosing party’s Confidential Information.
Receiving party undertakes to promptly notify disclosing party in writing any breach of obligation of the
Agreement by its employees or representatives including confidentiality obligations. Receiving party
acknowledges that monetary damages may not be the only and / or a sufficient remedy for
unauthorized disclosure of Confidential Information and that disclosing party shall be entitled, without
waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a
Court of competent jurisdiction.
Service provider shall abide with the Bank’s IT and IS policy in key concern areas relevant to the
project. Specific requirements will be shared as and when required.
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Service provider shall ensure to filter all phishing / spamming / overflow attacks in order to ensure
availability and integrity on continuous basis. Service Provider shall also implement any enhanced
solutions mandated by security requirements for any / all types of Software/ support.
The security aspect of the solution/Software will be comprehensively reviewed periodically by the
Bank, and Service Providers hall carryout modifications / updates based on the security review
recommendations on case to case basis.
The Service Provider shall not, without the Bank’s prior written consent, make use of any document
or information received from the Bank except for purposes of performing the services and obligations
under this document.
Any document received from the Bank shall remain the property of the Bank and shall be returned (in
all copies) to the Bank on completion of the Service Provider’s performance under Project.
Upon expiration or termination of the Project, all the Bank’s proprietary documents, customized
programs partially or wholly completed and associated documentation, or the Bank’s materials which
are directly related to any project under the project shall be delivered to the Bank or at the Bank’s
written instruction destroyed, and no copies shall be retained Service provider without the Bank’s
written consent.
The information given in this document is confidential and is for use by the bidder to whom it has been
issued. Each party, i.e. the Bank and the bidder, shall treat the other party’s information as confidential
and will take necessary steps to prevent the disclosure of the other’s confidential information to third
parties. Both the parties will keep the contents of order/ Agreement confidential, including the price
information.
Compliance to Terms and Conditions
It is essential that all the bidders should agree to all the above-mentioned terms and conditions and they
should submit one statement to that effect on the letterhead of the bidder along with the eligibility bid;
otherwise the offer shall be rejected.
Force Majeure
Neither party shall bear responsibility for the complete or partial non-performance of any of its
obligations if the non-performance results from such Force Majeure.
For the purposes of this clause, 'Force Majeure' means and includes wars, insurrections, revolution,
civil disturbance, riots, terrorist acts, public strikes, hartal, bundh, fires, floods, epidemic, quarantine
restrictions, freight embargoes, declared general strikes in relevant industries, Vis Major Act of
Government, impeding reasonable performance of the Service Provider and / or sub-contractor but
does not include any foreseeable events, commercial considerations or those involving fault or
negligence on the part of the party claiming Force Majeure.
In such circumstances the time stipulated for the performance of an obligation under the present
contract is extended correspondingly for the period of time of action of these circumstances and their
consequences.
The party for which it becomes impossible to meet obligations under this contract due to Force
Majeure conditions, is to notify in written form the other party of the beginning and cessation of the
above circumstances immediately, but in any case not later than 10 (Ten) days from the moment of
their beginning.
If the Force Majeure situation continues beyond 30 (thirty) days, either Party shall have the right to
terminate the Project Agreement by giving a notice to the other Party. Neither Party shall have any
penal liability to the other in respect of the termination of the Agreement as a result of an event of
Force Majeure. However, Service Provider shall be entitled to receive payments for all services
actually rendered up to the date of the termination of the Agreement.
Blacklisting
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IPPB reserves the right to Blacklist the Bidder/ Successful Bidder for a period of 5 years in addition to
cancellation of the bidding process/RFP in the following events:
1) If the bidder fails to undertake/ provide services deliverables as per this RFP/ Bid submitted by the Bidder.
2) If the Bidder fails to execute agreement with IPPB in respect to this RFP within stipulated time period. 3) If the bidder withdraws his Bid. 4) Any other act of the Bidder due to which any direct, indirect or incidental loss occurs/cause to be
occurred to IPPB. 5) In addition, the copy of the letter stating Blacklisting of the Bidder may also be sent to IBA, Government
Departments, Other Banks/PSU’s and other organizations / company/ entity as deemed fit by IPPB.
Project timelines and maintenance:
All the set-up, integration, built, configuration, UAT etc. required for going live should be completed
within 1 month of start of the project and the service should go live within 1 month from the start of the
project.
Service Provider shall maintain and upgrade the Software/application/system during the project period
so that the system shall, at all times during the project period, meet or exceed the specifications in the
document and the performance requirements. Service provider shall, at no cost to the Bank, promptly
correct any and all errors, Deficiencies and defects in the Software/application/system.
Service Provider undertakes and warrants to provide support services including problem identification,
escalation procedures and goals for resolution for supported versions.
Service provider shall intimate the bank regarding uptime/downtime at least 1 day before the incident.
All the uptime/downtime related to maintenance of the software/application should be scheduled
preferably on Sunday or bank holidays.
For technical support for 24 hours per day, 7 days per week for Bank and its customers. Bank and
service provider shall mutually determine the severity level for the Defect or deviation from scope of
work by using the following guidelines:
Severity Description Resolution time
Critical/
Level 4
If a Defect
is causing serious degradation of service to the Bank or a significant number of Bank’s customers, or
is causing a system failure, or is causing a significant impact on Bank’s ability to conduct
business, and no work-around is available.
30 minutes
High/
Level 3
If a Defect
is causing some degradation of service to the Bank or a
significant number of Bank’s customer, or
is causing an intermittent system failure, and there is a significant risk of reoccurrence, or
is causing impact on Bank’s ability to conduct business if the Defect is not addressed, and no work around is available.
45 minutes
Medium/
Level 2
If a defect would not be categorized as critical or High, and it (a) is affecting selected processing but has minimal impact
on Bank's business operations
has a Work-around available to allow continued processing
does not result in the loss of major functionality
is a cosmetic problem that hampers usability
is a general system or operational question
1 hour
Low/
Level 1
If a Defect is not causing any degradation of service to Bank or its Banks
is not affecting usability;
2 hours
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but should be corrected.
BC on-boarding, training or any other compliance should be completed within 7 days of hiring of BC
by bank/service provider
Business continuity plan:
Vendor must have a detailed and fully tested business continuity plan.
In case of any disruptive incident vendor will switch its operations to BCP within 1 hour to ensure
IPPB operations on BC app.
Vendor will ensure BCP mock drill on quarterly basis.
Penalties:
If the Service Provider fails to deliver product and/or perform any or all the Services within the
stipulated time, schedule as specified contract, the Bank may, without prejudice to its other remedies
under the SLA, and unless otherwise extension of time is agreed upon without the application of
liquidated damages, deduct from the Project Cost. Once the liquidated damages sum equal to or
above 10% of the project cost, the Bank may consider termination of the project Agreement.
Penalties / Liquidated damages, if any, shall be deducted from the invoice value.
Penalties attributable to the fault of the service provider will not be payable by the bank.
The Service Provider shall be liable to pay penalty at the rate mentioned in below in respect of any
delay beyond the permitted period in providing the Services:
Sn Service level
category Parameters Penalty
1 Delivery Schedule
(Live in production)
Within 1 month from start of
project.
0.75% of project cost per week or part of week
thereof
2 BCP
In case of any disruptive incident
vendor will switch its operations to
BCP within 1 hour to ensure non
continues IPPB operations on BC
app.
Within 1 hour- No penalty
Within 1-2 hours 1% of quarterly invoice
Within 2 – 3 hours – 2% of subsequent quarterly invoice
Within 3-4 hours - 3% of subsequent quarterly invoice
Within 4-5 hours – 4% of subsequent quarterly invoice
Beyond 5 hours – no release of subsequent quarterly invoice
3 System Uptime Above 99.9%
Any further decrease will attract penalty-
1% of subsequent quarterly invoice on per 0.1%
decrease.
4 Regulatory and audit
compliance
Any penalty for any non-
adherence on regulatory
guidelines due to negligence/non-
compliance from service provider
On actual basis
5 MIS and Reports As per TAT decided by vendor and Bank mutually (as mentioned in SLA)
0.05% of subsequent quarterly invoice per day delay.
6 Regulatory compliance
Within guidelines and TAT as mentioned in SLA and/or as per government/regulatory authorities guidelines on that time
On actual basis. Whatever loss/cost incurred to bank and penalty imposed by regulatory authority, will be paid by vendor.
7 Security threat Within 7 days On actual basis. Whatever loss/cost incurred to bank and penalty imposed by regulatory authority, will be paid by vendor.
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8 Resolution of customer complaints
Within 7 days
On actual basis. Whatever loss/cost incurred to
bank and penalty imposed by regulatory
authority, will be paid by vendor.
9
Any other incident related to scope of work (on the basis of severity level)
As per agreed response time in
clause ‘ performance and
maintenance’
Basis on severity level
Critical- 1% of subsequent quarterly invoice on per one-hour delay in resolution.
High- 0.70% of subsequent quarterly invoice on per one-hour delay in resolution.
Medium- 0.50% of subsequent quarterly invoice on per one-hour delay in resolution.
Low- 0.40% of subsequent quarterly invoice on per one-hour delay in resolution.
Termination
The Bank, without prejudice to any other remedy for breach of project Agreement, shall have the right
to terminate the Agreement in whole or part, at any time, by giving a written notice of at least 30 days
to Service Provider, if Service Provider fails to deliver any or all of the deliverables within the period(s)
specified, or within any extension thereof granted by the Bank.
The Bank, by written notice of not less than 90 (ninety) days sent to the Service Provider, may
terminate the project Agreement, in whole or in part, at any time for its convenience. The notice of
termination shall specify that termination is for the Bank’s convenience, the extent to which
performance of the Service Provider under the Agreement is terminated, and the date upon which
such termination becomes effective.
In the event the bank terminates the project Agreement in whole or in part for the breaches attributable
to the Service Provider, the Bank may procure, upon such terms and in such manner, as it deems
appropriate, software or services similar to those undelivered and Service Provider shall be liable to
the Bank for any excess costs for such similar software or services. However, Service provider, in
case of part termination, shall continue the performance of the Agreement to the extent not terminated.
In the event of termination of the project Agreement, Service Provider shall be entitled to receive
payment for the Services rendered (delivered) up to the effective date of termination.
The Bank shall have a right to terminate the project Agreement immediately by giving a notice in writing
to Service Provider in the following eventualities:
o If any Receiver/Liquidator is appointed in connection with the business of the Service Provider or Service Provider transfers substantial assets in favour of its creditors or any orders / directions are issued by any Authority / Regulator which has the effect of suspension of the business of Service Provider.
o If Service Provider applies to the Court or passes a resolution for voluntary winding up of or any other creditor / person files a petition for winding up or dissolution of Service Provider.
o If any acts of commission or omission on the part of Service Provider or its agents, employees, sub-contractors or representatives, in the reasonable opinion of the Bank tantamount to fraud or prejudicial to the interest of the Bank or its employees.
In the event of the termination of Service Provider shall be liable and responsible to return to the Bank
all records, documents, data and information including Confidential Information pertains to or relating
to the Bank in its possession.
In the event of termination of the project for material breach by Service Provider, Bank shall have the
right to give suitable publicity to the same including advising the Indian Bank’s Association.
Upon termination or expiration of the project, all rights and obligations of the Parties hereunder shall
cease, except such rights and obligations as may have accrued on the date of termination or
expiration; the obligation of indemnity; obligation of payment; confidentiality obligation; Governing Law
clause; Dispute resolution clause; and any right which a Party may have under the Applicable Law.
Termination of project by service provider shall not be allowed without giving prior notice to the Bank
(preferably 3 months’ notice).
27
Resolution of disputes and arbitration
1) All disputes or differences arising out of or in connection with the present contract including the one connected with the validity of the present contract or any part thereof, should be settled by bilateral discussions.
2) Any dispute/disagreement/question arising out of or relating to the contract or performance (except as to any matter the decision or determination whereof is provided for by these conditions), which cannot be settled amicably within sixty (60) days or such longer period as may be mutually agreed upon, from the date on which either party informs the other in writing by a notice that such dispute/ disagreement/ question exists, will be referred to a sole arbitrator as acceptable to both the parties concerned.
3) Within sixty (60) days of the receipt of the said notice, an arbitrator shall be nominated in writing by the authority agreed upon by the parties.
4) The sole arbitrator shall have its seat in New Delhi or such other place in India as may be mutually agreed to between the parties.
5) The arbitration proceedings shall be conducted in English Language and as per the Indian Arbitration and Conciliation Act, 1996 and the award of such Arbitration Tribunal shall be enforceable in Indian Courts only.
6) Each party shall bear its own cost of preparing and presenting its case. The cost of arbitration including the fees and expenses shall be shared equally by the parties, unless otherwise awarded by the sole arbitrator.
7) The parties shall continue to perform their respective obligations under this contract during the pendency of the arbitration proceedings except in so far as such obligations are the subject matter of the said arbitration proceedings.
(Note - In the event of the parties deciding to refer the dispute/s for adjudication to an Arbitral Tribunal then one arbitrator each will be appointed by each party and the case will be referred to the Indian Council of Arbitration (ICADR) for nomination of the third arbitrator. The fees of the arbitrator appointed by the parties shall be borne by each party and the fees of the third arbitrator, if appointed, shall be equally shared by the buyer and seller).
Applicable law and jurisdiction of court
The agreement with the selected bidders shall be governed in accordance with the Laws of India for the
time being in force and will be subject to the exclusive jurisdiction of Courts at Delhi (with the exclusion of
all other Courts).
Performance Bank Guarantee
The successful bidder will furnish an unconditional and irrevocable Performance Bank Guarantee of 10% (Ten percent) of the contract price as specified in the bid document for the duration of the contract plus 60 days, within 21 days of the receipt of the notification of award from the Bank.
The format for the PBG is stated in Annexure XII
The terms and conditions for the Performance Bank Guarantee are as follows: 1) The PBG shall be issued by a Scheduled Commercial Bank in India. 2) The PBG shall be denominated in Indian Rupees. All charges whatsoever such as premium;
commission etc. with respect to the PBG shall be borne by the successful bidder. 3) The PBG so applicable must be duly accompanied by a forwarding letter issued by the issuing bank
on the printed letterhead of the issuing bank. Such forwarding letter shall state that the PBG has been signed by the lawfully constituted authority legally competent to sign and execute such legal instruments. The executor (BG issuing Bank Authorities) is required to mention the Power of Attorney number and date of execution in his / her favour with authorization to sign the documents.
4) Each page of the PBG must bear the signature and seal of the BG issuing Bank and PBG number. 5) In the event of the successful bidder being unable to service the contract or causing delay in
providing the requisite service for whatever reason, the Bank reserves the right to invoke the PBG at its sole discretion.
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6) Notwithstanding and without prejudice to any rights whatsoever of the Bank under the contract in the matter, the proceeds of the PBG shall be payable to Bank as compensation by the successful bidder for its failure to complete its obligations under the contract. Bank shall notify the successful bidder in writing of the exercise of its right to receive such compensation within 14 days, indicating the contractual obligation(s) for which the successful bidder is in default.
7) The Bank shall also be entitled to make recoveries from the successful bidder's bills, Performance Bank Guarantee, or any other amount due to him, the equivalent value of any payment made to him due to inadvertence, error, collusion, misconstruction or misstatement.
8) The PBG must be valid for a period of contract duration of the contract plus sixty (60) days. 9) The performance guarantee is required to protect the interest of the Bank against delay in
supply/installation and or the risk of unsuccessful implementation of the project, or performance of
the material or services sold, which may warrant invoking of performance guarantee. In case any
act of the Service Provider results in imposition of liquidated damages then also the Bank reserves
the right to invoke the performance guarantee.
10) If at any time during performance of the Contract, the Service Provider shall encounter unexpected
conditions impeding timely completion of the Services under the contract and performance of the
services, the Service Provider shall promptly notify the Bank in writing of the fact of the delay, it’s
likely duration and its cause(s). As soon as practicable, after receipt of the Service Provider’s notice,
the Bank shall evaluate the situation and may at its discretion extend the Service Provider’s time
for performance, in which case the extension shall be ratified by the Parties by amendment of the
contract/agreement.
11) The PBG may be discharged / returned by Bank upon being satisfied that there has been due performance of the obligations of the successful bidder under the contract. However, no interest shall be payable on the PBG.
LIABILITIES/OBLIGATION
The Bank’s Duties /Responsibility (if any)
(i) Processing and Authorising invoices
Service Provider Duties
(i) Service Delivery responsibilities
(a) To adhere to the service levels mentioned in this document.
(b) Service provider, if permitted to sub-contract, shall ensure that Service provider personnel
and its subcontractors will abide by all reasonable directives issued by the Bank, including
those set forth in the Bank’s then current standards, policies and procedures (to the extent
applicable), all on-site rules of behaviour, work schedules, security procedures and other
standards, policies and procedures as established by the Bank from time to time.
(c) Service Provider agrees and declares that it shall be the sole responsibility of Service Provider
to comply with the provisions of all the applicable laws, concerning or in relation to rendering
of Services by Service Provider as envisaged under this Agreement.
(ii) Security Responsibility
(a) To maintain the confidentiality of the Bank's resources and other intellectual property rights.
Contingency Plan
The Service provider shall arrange and ensure proper data recovery mechanism, attrition plan and other
contingency plans to meet any unexpected obstruction to the Service Provider or any employees or sub-
29
contractors of the service provider in rendering the Services or any part of the same under project
Agreement to the Bank. The Service Provider at Banks discretion shall co-operate with the bank in case
on any contingency.
Transition requirement:
In the event of failure of the Service Provider to render the Services or in the event of termination of
agreement or expiry of term or otherwise, without prejudice to any other right, the Bank at its sole discretion
may make alternate arrangement for getting the Services contracted with another vendor. In such case,
the Bank shall give prior notice to the existing Service Provider. The existing Service Provider shall
continue to provide services as per the terms of contract until a ‘New Service Provider’ completely takes
over the work. During the transition phase, the existing Service Provider shall render all reasonable
assistance to the new Service Provider within such period prescribed by the Bank, at no extra cost to the
Bank, for ensuring smooth switch over and continuity of services. If existing vendor is breach of this
obligation, they shall be liable for paying a penalty of 10% of the Contract Value on demand to the Bank,
which may be settled from the payment of invoices or performance guarantee for the contracted period
Liquidated damages:
If the Service Provider fails to deliver product and/or perform any or all the Services within the stipulated
time, schedule as specified contract, the Bank may, without prejudice to its other remedies under the
Agreement, and unless otherwise extension of time is agreed upon without the application of liquidated
damages, deduct from the Project Cost, as liquidated damages a sum equivalent to 10% of total Project
cost, the Bank may consider termination of the Agreement.
Sub-Contracting:
Service provider has to obtain written permission from the Bank before contracting any work to
subcontractors. Bank at its own discretion may permit or deny the same.
In case of subcontracting permitted, Service Provider is responsible for all the services provided to the
Bank regardless of which entity is conducting the operations. Service Provider is also responsible for
ensuring that the sub-contractor comply with all security/confidentiality requirements and other terms
and conditions as applicable to Service provider mentioned in project Agreement. Bank reserves the
right to conduct independent audit in this regard.
Before engaging Sub-Contractor, the Service Provider shall carry out due diligence process on sub-
contracting/ sub-contractor to the satisfaction of the Bank and Bank shall have access to such records.
In the event of sub-contracting the Service Provider shall ensure that suitable documents including
confidentiality agreement are obtained from the subcontractor and the Service Provider shall ensure that
the secrecy and faith of Bank’s data / processes is maintained.
Service Provider shall provide subcontracting details to the Bank and if required, Bank may evaluate the
same. Notwithstanding approval of the Bank for sub-contracting, the Service Provider shall remain liable
to the Bank for all acts/omissions of sub-contractors.
The Bank reserves the right to ask Service Provider and Service provider shall change/ amend the
clause(s) entered between Service Provider and Subcontractor for Bank’s suitability.
Inspection and Audit
It is agreed by and between the parties that the Service Provider shall get itself annually audited by
internal/external empanelled Auditors appointed by the Bank/ inspecting official from the Bank or the
Reserve Bank of India or any regulatory authority, covering the risk parameters finalized by the Bank/
such auditors in the areas of products (IT hardware/ software) and services etc. provided to the Bank
and the vendor shall submit such certification by such Auditors to the Bank. The vendor and or his / their
30
outsourced agents /sub – contractors (if allowed by the Bank) shall facilitate the same. The Bank can
make its expert assessment on the efficiency and effectiveness of the security, control, risk
management, governance system and process created by the Service Provider. The Service Provider
shall, whenever required by such Auditors, furnish all relevant information, records/data to them. All
costs for such audit shall be borne by the service provider.
Where any deficiency has been observed during audit of the Service Provider on the risk parameters
finalized by the Bank or in the certification submitted by the Auditors, it is agreed upon by the Service
Provider that it shall correct/ resolve the same at the earliest and shall provide all necessary documents
related to resolution thereof and the auditor shall further certify in respect of resolution of the deficiencies.
It is also agreed that the Service Provider shall provide certification of the auditor to the Bank regarding
compliance of the observations made by the auditors covering the respective risk parameters against
which such deficiencies observed.
Service Provider further agrees that whenever required by the Bank, it will furnish all relevant
information, records/data to such auditors and/or inspecting officials of the Bank/ Reserve Bank of India
and or any regulatory authority required for conducting the audit. The Bank reserves the right to call
and/or retain for any relevant material information/ reports including audit or review reports undertaken
by the Service Provider (e.g., financial, internal control and security reviews) and findings made on the
Service Provider in conjunction with the services provided to the Bank.
31
8. Annexure
Annexure – I - Conformity Letter
(To be submitted on company letterhead)
Assistant General Manager, India Post Payments Bank, Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001
Sir,
Sub: - Response to the India Post Payments Bank for selection of technical service provider for India
Post Payments Bank Limited.
Further to our proposal dated……………………………….., in response to the RFP document
(hereafter referred to as “RFP DOCUMENT”) issued by India Post Payments Bank (“Bank”) we
hereby warrant and confirm that:
We hereby agree to comply with all the terms and conditions / stipulations as contained in the RFP
document and the related addenda and other documents including the changes made to the original
documents issued by the bank, provided however that only the list of deviations furnished by us in
Annexure VI – Comments on Terms and Conditions, Services and Facilities of the main RFP
document which are expressly accepted by the bank and communicated to us in writing, shall form a
valid and binding part of the aforesaid RFP document.
The bank is not bound by any other extraneous matters or deviations, even if mentioned by us
elsewhere either in our proposal or any subsequent deviations sought by us, whether orally or in
writing, and the bank’s decision not to accept any such extraneous conditions and deviations will be
final and binding on us.
Yours faithfully
Authorized signatory and bidder’s stamp
Designation
Bidder’s corporate name
Seal
32
Annexure II – Eligibility Criteria Compliance
S. No. Criteria Documents to be submitted
1.
The Bidder should be a Government Approved Agency/ Company established in India and should have been in existence for the at least the last 3 financial years as on 31.03.2020.
Copy of iv) Certified copy of MOA/AOA of
the company. v) Extract of the Board
Resolution authorising the company to participate in the said tender process &
vi) Duly authenticated Last 3 years Audited Balance sheet.
2. The Bidder shall be currently serving at least three reputed public sectors /private sectors banking companies.
Letters of Engagement issued by the companies/ organization/Banks
3. Annual revenue worth Rs. 50 cr or above in each of the last two financial years as on 31.03.2021
Copy of the Audited Financial Statements /CA certified Certificate evidencing turnover.
4. Bidder should have Net worth in each of the last two financial years as on 31.03.2021
Copy of the Audited Financial Statements /CA certified Certificate evidencing Net worth.
5. Bidder should be a profit making entity in each of the last two financial years as on 31.03.2021
Copy of the Audited Financial Statements /CA certified Certificate evidencing positive net profit.
6. Bidder should submit ITR document in each of the last two financial years as on 31.03.2021
Copy of self-attested ITR document
7.
The bidder should not have been blacklisted / barred / disqualified by any regulator / statutory body / Government organisation, or any other Public Sector company in the past 3 financial years. Bidder should not be under liquidation/ bankruptcy or any similar proceedings.
Self-Declaration (in Annexure VIII – Self-Declaration)
8. The bidder should have GST registration in mentioned activity.
Duly authenticated Copy of GSTN Registration Certificate bearing GST No.
9. The bidder should be NPCI certified application service provider (ASP)
Duly authenticated Copy of Certificate issued by NPCI
10. The bidder or the OEM of the offered products must have ISO 9001 certification.
Duly authenticated Copy of ISO 9001 Certificate
11. PAN India presence Self-Declaration
Authorized signatory and bidder’s stamp
33
Annexure III – Letter of Indemnity
Assistant General Manager, India Post Payments Bank, Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001
Sir,
Sub: - Response to the India Post Payments Bank for selection of technical service provider for India
Post Payments Bank Limited.
We refer to our bid for your RFP document dated ………………………….. for Selection of technical
service provider for India Post Payments Bank Limited.
We, _______________________ (Bidder) hereby undertake to indemnify India Post Payments Bank
and agree to protect and hold the bank harmless against all claims, losses, costs, damages,
expenses, action suits and other proceedings resulting from infringement of any patent, trademark,
copyrights etc.
The bank undertakes to:
(i) give prompt notice to the bidder concerning the existence of the indemnifiable event.
(ii) grant authority to the bidder, if so, decided by the Bank to defend or settle any related action
or claim; and,
(iii) Provide, at the bidder’s expense, such information, cooperation, and assistance to the bidder
as may be reasonably necessary for the bidder to defend or settle the claim or action. Bank’s
failure to give notice shall not constitute a waiver of the bank’s right to indemnification and
shall affect the bidder’s indemnification obligations only to the extent that the bidder’s rights
are materially prejudiced by such failure or delay.
Notwithstanding anything to the contrary set forth herein,
(i) the bank may participate, at its own expense, in any defence and settlement directly or
through counsel of its choice, and
(ii) The bidder shall not enter into any settlement agreement on terms that would diminish the
rights provided to the bank or increase the obligations assumed by the bank under this project
Agreement, without the prior written consent of the bank. If the bidder elects not to defend any
claim, the bank shall have the right to defend or settle the claim as it may deem appropriate,
at the cost and expense of the bidder, and shall be entitled to deduct from payments to the
bidder such costs and expenses as may be incurred by the bank provided however should
the amount payable to the bidder be insufficient to recover the expenses incurred by the
bank, the bidder shall promptly reimburse the bank for all costs, expenses, settlement
amounts and other damages.
In the event of any loss or damage on account of error in reconciliation, the bidder shall be liable to
the bank for each such event and in respect of each occasion at which such event occurs. If the bank
is in a position to recover a part of or the entire amount of loss suffered by the bank from its insurance
claims and provided that the bidder has reimbursed the bank for the entire loss, the amount recovered
by the bank from the insurer shall be refunded to the bidder.
The bidder is also liable to bear any losses for failure on part of the bidder that bank or customer
suffers owing to lapses in reconciliation or due to occurrence of any fraudulent transactions going
unnoticed on account of reconciliation failure, security procedures or standards. The bidder shall
adequately compensate the bank for any loss occurred to the bank due to any system / procedure /
service lacuna of the outsourced agency.
34
Yours faithfully
(Authorized signatory and bidder’s stamp)
Full name and Designation of authorized signatory
35
Annexure IV – Bidder Details
(To be submitted in this format only)
To
Assistant General Manager, India Post Payments Bank, Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001
Declaration:
I hereby declare that I have verified the details indicated above and also confirm that all the
Information submitted is true to the best of my knowledge. Authorised Signatory Designation Bidder’s name with seal
S. No. Required Details Response
General Details
1. Name of Company
2. Postal Address
3. Telephone, Fax Number, Email Address
4. Nature of activity
5. Details of ownership
6. Holding company or parent company
7. Website address (if applicable)
8. GST Registration Number
9. MSME registration (if available)
10. Start-up India registration number (if available)
11. Income Tax PAN
12. Number of Branch Offices
Financial Information
1. Annual Turnover (2018-19)
2. Annual Turnover (2019-20)
3. Annual Turnover (2020-21)
4. Net worth (2018-19)
5. Net worth (2019-20)
6. Net worth (2020-21)
7. Annual Net Profit (2018-19)
8. Annual Net Profit (2019-20)
4 Annual Net Profit (2020-21)
Bank Details
1. Bank Name
2. Branch Address
3. Account Number
4. IFS Code
Bid processing fee details
1 NEFT transaction details of the bid processing fee submitted
Others
1. Whether you are handling business of any other public sector banks/ public sector companies? If yes specify the name of the banks / companies
36
Annexure V – Bidder Response Cover Letter
(To be submitted on company letterhead)
Date:
Assistant General Manager, India Post Payments Bank, Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001 Dear Sir,
1. Having examined the Scope Documents including all Annexures, the receipt of which is hereby
duly acknowledged, we, the undersigned offer to provide our services for all the activities and
items mentioned in the ‘Request for Proposal’ and the other schedules of requirements and
services for your bank in conformity with the said Scope Documents.
2. If our Bid is accepted, we undertake to abide by all terms and conditions of this Scope document.
3. We agree to abide by this Scope Offer for 180 days from date of Scope opening and our Offer
shall remain binding on us and may be accepted by the bank any time before expiry of the offer.
4. We agree to abide that we will not be charging any extra build cost for providing additional
features and updates during the contract period
5. This Bid, together with your written acceptance thereof, shall constitute a binding Contract
between us.
6. We undertake that in competing for and if the work is allocated to us, in executing the subject
Contract, we will strictly observe the laws against fraud and corruption in force in India namely
‘Prevention of Corruption Act, 1988’, and other relevant statutes in this regard.
7. We certify that we have provided all the information requested by the bank in the format
requested for. We also understand that the bank has the exclusive right to reject this bid in case
the bank is of the opinion that the required information is not provided or is provided in a different
format.
Date:
Authorized signatory and bidder’s stamp
(Name: Contact Person, Phone No., Fax, E-mail)
37
Annexure VI – Comments on Terms and Conditions, Services and Facilities
Comments on the Terms & Conditions, Services and Facilities provided:
Date:
Authorised Signatory & Stamp
(Name: Contact Person, Phone No., Fax, E-mail)
Sr.
No.
Page #
Point / Section #
Clarification point as stated in the tender document
Comment/ Suggestion/ Deviation
1
2
3
4
5
6
7
8
9
38
Annexure VII – Pre Bid Query Format
Sr. No.
Page #
Point / Section #
Query Banks Response
(bidder Should not fill in this column)
1
2
3
4
5
6
7
8
9
Date:
Authorised Signatory & Stamp
(Name: Contact Person, Phone No., Fax, E-mail)
39
Annexure VIII – Self-Declaration
(To be submitted on Bidder’s letterhead)
Date:
Assistant General Manager, India Post Payments Bank, Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001 Dear Sir,
I on behalf of _______________________ (bidder’s name) declare the following:
1) There is no case with the Police / Court / Regulatory authorities against the proprietor / firm /
partner/company/Directors /employee.
2) We have not been suspended / delisted / blacklisted by any other Govt. Ministry / Department
/ Public Sector Undertaking / Autonomous Body / Court etc. during the past 3 years.
3) We are not under bankruptcy/ liquidation or any other similar proceedings.
4) We certify that neither our firm nor any of the partners is involved in any scam or disciplinary
proceedings settled or pending adjudication.
5) We hereby undertake and confirm that we have understood the scope of work properly and
shall comply with the terms of engagement.
Date:
Authorized signatory and bidder’s stamp
(Name: Contact Person, Phone No., Fax, E-mail)
40
Annexure IX – Power of Attorney for signing of application
(To be submitted on a INR 100 Stamp Paper only)
Know all men by these presents, we…………………………………………….. (name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr/
Ms (name), …………………… son/daughter/wife of ……………………………… and presently
residing at …………………., who is presently employed with us (the “Bidder”) and holding the position
of ……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”)
to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our application for pre-qualification and submission of
our bid for the ***** Project proposed or being developed by the ***** (the “Authority”) including but
not limited to signing and submission of all applications, bids and other documents and writings,
participate in pre-applications and other conferences and providing information/ responses to the
Authority, representing us in all matters before the Authority, signing and execution of all contracts
and undertakings consequent to acceptance of our bid, and generally dealing with the Authority in all
matters in connection with or relating to or arising out of our bid for the said engagement and/ or
upon award thereof to us and/or till the entering into of the agreement with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in
exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, …………………………., THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For
Authorized
Signature:
Authorized
Signatory Name:
Title of Signatory:
Address:
Witnesses:
1.
2.
Accepted
Attorney’s Signature:
Attorney’s Name:
41
Attorney’s Title:
Address:
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executant(s) and when it is so
required, the same should be under common seal affixed in accordance with the required procedure
Wherever required, the Applicant should submit for verification the extract of the charter documents
and documents such as a board or shareholders’ resolution/ power of attorney in favour of the person
executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant
For a Power of Attorney executed and issued overseas, the document will also have to be legalized by
the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued.
However, the Power of Attorney provided by Applicants from countries that have signed the Hague
Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it carries a
conforming Apostille certificate
42
Annexure X – Commercial Bid Format
(To be submitted in this format only)
The bidder must take care in filling price information in the commercial version, to ensure that there are no typographical or arithmetic errors. All fields must be filled correctly.
Each parameter/category is allocated weights as mentioned below:
Bank is expecting per cost transaction in range of INR 0.01 to 1.00. Lower cost per transaction will fetch higher points against the weightage.
Note: 1. The bidder shall not add more rows in the Category column. 2. The bidder shall compute the blended quote as per the formula. 3. For evaluation, the quoted cost shall include all taxes and duties and any other reimbursable
expenses.
We declare that all the terms and conditions as per the RFP are agreeable to us. (Signature) Name of the signatory Designation Date & Place Company Seal
Category Quote per transaction (INR)
Per transaction cost
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Annexure XI – Earnest Money Deposit Form
Assistant General Manager, India Post Payments Bank, Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001
Dated:
1. EARNEST MONEY DEPOSIT FORM
2. WHEREAS, (hereinafter called the bidder) has submitted the bid dated…………………………for Selection of Technical Service Provider for India Post Payments Bank Limited more fully described in the tender documents (hereinafter called Bid) to India Post Payments Bank Limited.
3. KNOW ALL MEN by these presents that we …………………………………… ……… …. having our
registered office at ………………………………………. (hereinafter called the 'BIDDER') are offering
security deposit of Rs. _____________ (Rupees_____________ __________________) by way of
NEFT bearing number _______ dated _________ drawn on _________________________ favouring
India Post Payments Bank,
4. Corporate Office, 2nd Floor, Speed Post Centre Building, Bhai Veer Singh Marg, Gole Market, New Delhi - 110001, for the acceptance and carrying out the activities mentioned in the scope of work well and truly to be made to India Post Payments Bank, the bidder binds itself, its successors and assigns by these presents.
5. The bidder agrees that no interest being payable by IPPB for the sum deposited as EMD, the bidder undertakes that it will not take a duplicate instrument or cancel the demand draft referred above till the bidder gets back the demand draft from the India Post Payments Bank in the course of execution of the agreement.
Dated this.................day of............
Place: __________________________
Date: Seal and signature of the bidder
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7.12 Annexure XII – Performance Bank Guarantee Format
PERFORMANCE BANK GUARANTEE
(To be stamped in accordance with Stamp Act)
The non-judicial stamp paper should be in the name of issuing Bank
Ref……………….. Bank Guarantee No…………………......
Date………………………………………...
To
India Post Payments Bank
Post Office
Speed Post Centre Building
Market Road
New Delhi – 110001
India
Dear Sirs,
1. In consideration of the India Post Payments Bank, a scheduled bank registered under Reserve Bank of India
(hereinafter referred to as the ‘Bank’ or ‘Purchaser’ which expression shall unless repugnant to the context or
meaning thereof include its successors, administrators and assigns) having awarded to
M/s…………………………………….. with its Registered/Head office at
……………………………………………………………………….
……………………… (hereinafter referred to as the “Contractor” or “Vendor” or “Service Provider” which
expression shall unless repugnant to the context or meaning thereof, include its successors, administrators,
executors and assigns), a Contract by issue of Letter of Intent or Purchase Order No…………….. dated ………..
and the same having been acknowledged by the Contractor / Vendor / Service Provider, resulting in a Contract,
bearing No………….. dated…………valued at………for………… (scope of Contract) and the Contractor /
Vendor / Service Provider having agreed to provide a Contract Performance Guarantee for the faithful
performance of the entire Contract not exceeding Rs.
……………….. (in words & figures).
2. We…………………………………………………………………………………………………(Name & Address
of Bank Branch) having its Head office at ………………………………………………. (hereinafter referred to
as the ‘ Issuing Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the amounts
due and payable under this guarantee without any demur, reservation, context, recourse or protest and/or
without any reference to the Contractor merely on a demand from the Owner stating that the amount claimed is
due by way of loss or damage caused to or would be caused to or suffered by the Owner by reason of breach
by the said Contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the
Contractor(s)’ failure to perform the said Agreement. Any such demand made on the Issuing Bank shall be
conclusive and binding not withstanding any difference between the Owner and the Contractor / Vendor /
Service Provider or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree
that the guarantee herein contained shall be irrevocable and shall continue to be enforceable till the Owner
discharges this guarantee.
3. The Bank / Purchaser shall have the fullest liberty without affecting in any way the liability of the Bank /
Purchaser under this guarantee, from time to time to extent the time for performance of the Contract by the
Contractor. The Bank / Purchaser shall have the fullest liberty, without affecting this guarantee, to postpone
from time to time the exercise of any powers vested in them or of any right which they might have against the
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Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce
any covenants, contained or implied, in the Contract between the Bank / Purchaser and the Contractor or any
other course or remedy or security available to the Bank / Purchaser. The Issuing Bank shall not be released
of its obligations under these presents by any exercise by the Bank / Purchaser of its liberty with reference to
the matters aforesaid or any of them or by reason of any other act of omission or commission on the part of
the Bank / Purchaser or any other indulgences shown by the Owner or by any other matter or thing
whatsoever which under law would, but for this provision have the effect of relieving the Issuing Bank.
4. The Issuing Bank also agrees that the Bank / Purchaser at its option shall be entitled to enforce this
Guarantee against the Issuing Bank as a principal debtor, in the first instance without proceeding against the
Contractor / Vendor / Service Provider and notwithstanding any security or other guarantee the Bank /
Purchaser may have in relation to the Contractor’s liabilities.
5. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)/Service Provider(s).
6. Notwithstanding anything contained hereinabove:
(1) Our liability under this guarantee is limited to Rs. ……………. (in words & figures). (2) This Bank
Guarantee will be valid upto ………………….; and
(3) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only upon
service of a written claim or demand by you on or before …………..
In witness whereof the Issuing Bank, through its authorised officer, has set its hand and stamp on
this…………….day of…………..20……….at…………
WITNESS
………………….………. ………………..………………….………
(Signature) (Signature)
………………………….. ………………....……………………….. (Name)
(Name)
………………………….. ……………….………………………….. (Official Address)
(Designation with Bank Stamp)
Attorney as per
Power of Attorney No……………. Dated………………………………
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7.13 Annexure XIII - Integrity Agreement
This Agreement (hereinafter called the Integrity Agreement) is made on _____ day of the month of _____
20___, between,
On one hand, India Post Payments Bank Limited (CIN U74999DL2016GOI304561), having its Registered
Office at Post Office, Speed Post Centre Building, Market Road, New Delhi – 110001, (hereinafter referred to
as the “Principal/Owner”, “ IPPB” or ”Buyer”, as the case may be, which expression shall unless repugnant to
the context thereof, include its successors, assigns), acting through _____________________, ,party of the
FIRST PART,
And
M/s________________________ represented by_________________________________, Authorized
Signatory (hereinafter called the “Vendor” or “Service Provider”, as the case may be, which expression shall
mean and include, unless the context otherwise requires, his successors and permitted assigns) party of the
Second Part.
WHEREAS the Principal/ Owner has floated the NIT/IPPB/XX/XXXXX/XX/2021 (hereinafter referred to as
“Tender/Bid”) and intends to award, under laid down organizational procedure, contract as technical service
provider for IPPB, 2nd Floor, Speed Post Center, Bhai Veer Singh Marg, Market Road, New Delhi – 110001
Hereinafter referred to as the “Contract”. and the VENDOR is willing to offer/has offered the services
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness/transparency in its relation with its Vendor(s)
and Contractor(s).
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into
with a view to: -
Enabling the Principal/Owner to obtain the desired services at a competitive price in conformity with the
defined specification by avoiding the high cost and the distortionary impact of corruption on public
procurement, and
Enabling VENDORs to abstain from bribing or indulging in any corrupt practice in order to secure the contract
by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices
and the Principal/Owner will commit to prevent corruption, in any form, by its officials by following transparent
procedures.
3.1. Article 1: Commitment of the Principal/Owner
1. The Principal/Owner commits itself to take all measures necessary to prevent corruption and to observe
the following principles:
a. No employee of the Principal/Owner, personally or through any of his/her family members, will in
connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or
third person, any material or immaterial benefit which the person is not legally entitled to.
b. The Principal/Owner will, during the Tender process, treat all Vendor(s) with equity and reason. The
Principal/Owner will, in particular, before and during the Tender process, provide to all Vendor(s) the same
information and will not provide to any Vendor(s) confidential / additional information through which the
Vendor(s) could obtain an advantage in relation to the Tender process or the Contract execution.
c. The Principal/Owner shall endeavour to exclude from the Tender process any person, whose conduct in
the past has been of biased nature.
d. All the officials of the BUYER will report to the appropriate Government office any attempted or completed
breaches of the above commitments as well as any substantial suspicion of such a breach.
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In case any such preceding misconduct on the part of such official(s) is reported by the VENDOR to the
BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary
disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by
the Principal/Owner and such a person shall be debarred from further dealings related to the contract process.
In such a case while an enquiry is being conducted by the Principal/Owner the proceedings under the contract
would not be stalled.
If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal offence
under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the
principles herein mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will
inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid
down policies and procedures.
3 Article 2: Commitment of the Vendor(s)/Vendor(s)
1. It is required that each Vendor/Vendor (including their respective officers, employees and agents) adhere
to the highest ethical standards, and report to the India Post Payments Bank all suspected acts of fraud or
corruption or Coercion or Collusion of which it has knowledge or becomes aware, during the tendering
process and throughout the negotiation or award of a contract.
2. The VENDOR commits itself to take all the measures necessary to prevent corrupt practices, unfair means
and illegal activities during any stage of its bid/tender process or during any pre-contract or post-contract
stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the
following: -
a. The Vendor(s)/Vendor(s) will not, directly or through any other person or firm, offer, promise or give
to any of the Principal/Owner’s employees involved in the Tender process or execution of the
Contract or to any third person any material or other benefit which he/she is not legally entitled to, in
order to obtain in exchange any advantage of any kind whatsoever during the Tender process or
during the execution of the Contract.
b. The VENDOR will not offer, directly or through intermediaries, any bribe, gift, consideration, reward,
favour or any material or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any official of the India Post Payments Bank, connected directly or indirectly with the
bidding process, or to any person, organization or third party related to the contract in exchange for
any advantage in the bidding, evaluation, contracting and implementation of the contract.
c. The VENDOR further undertakes that it has not given, offered or promised to give, directly or
indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the India Post Payments
Bank or otherwise in procuring the Contract or forbearing to do or having done any act in relation to
the obtaining or execution of the contract or any other contract with the Government for showing or
forbearing to show favour or disfavour to any person in relation to the contract or any other contract
with the Government.
d. VENDOR shall disclose the payments to be made by them to agents/brokers or any other
intermediary, in connection with this bid/contract.
e. The VENDOR further confirms and declares to the India Post Payments Bank that the VENDOR has
not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in
any way to recommend to the BUYER or any of its functionaries, whether officially or unofficially to
the award of the contract to the VENDOR, nor has any amount been paid, promised or intended to
be paid to any such individual, firm or company in respect of any such intercession, facilitation or
recommendation.
f. The VENDOR, either while presenting the bid or during pre-contract negotiations or before signing
the contract, shall disclose any payments he has made, is committed to or intends to make to
officials of the India Post Payments Bank or their family members, agents, brokers or any other
intermediaries in connection with the contract and the details of services agreed upon for such
payments.
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g. The VENDOR will not collude with other parties interested in the contract to impair the transparency,
fairness and progress of the bidding process, bid evaluation, contracting and implementation of the
contract.
h. The VENDOR will not accept any advantage in exchange for any corrupt practice, unfair means and
illegal activities.
i. The VENDOR shall not use improperly, for purposes of competition or personal gain, or pass on to
others, any information provided by the India Post Payments Bank as part of the business
relationship, regarding plans, technical proposals and business details, including information
contained in any electronic data carrier or information contained or transmitted electronically. The
VENDOR also undertakes to exercise due and adequate care lest any such information is divulged.
j. The VENDOR commits to refrain from giving any complaint directly or through any other manner
without supporting it with full and verifiable facts.
k. The VENDOR shall not instigate or cause to instigate any third person to commit any of the actions
mentioned above.
l. If any employee of the VENDOR or any person acting on behalf of the VENDOR who is directly or
indirectly involved in the bidding process of this RFP, is a relative of any of the officers of the India
Post Payments Bank who is directly or indirectly involved in the bidding process, bid evaluation for
this RFP, the same shall be disclosed by the VENDOR at the time of filing of tender. The term
relative for this purpose would be as defined in Sub-Section (77) of Section 2 of the Companies Act
of 2013.
The VENDOR shall not lend to or borrow any money from or enter into any monetary dealings or transactions,
directly or indirectly, with any employee of the India Post Payments Bank.
The Vendor(s) will not enter with other Vendor(s) into any undisclosed agreement or understanding, whether
formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts,
submission or non- submission of bids or any other actions to restrict competitive or to cartelize in the
bidding process.
c. The Vendor(s) will not commit any offence under the relevant IPC/PC Act.
The Vendor(s)/ of foreign origin shall disclose the names and addresses of agents/representatives in India,
if any. Similarly, Vendor(s) of Indian Nationality shall disclose names and addresses of foreign
agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign principal
directly could bid in a tender but not both. Further, in cases where an agent participates in a tender on behalf
of one manufacturer, he shall not be allowed to quote on behalf of another manufacturer along with the first
manufacturer in a subsequent/parallel tender for the same item.
The Vendor(s) will not instigate third persons to commit offences outlined above or be an accessory to such
offences.
The Vendor(s) will not, directly or through any other person or firm indulge in fraudulent practice means a
wilful misrepresentation or omission of facts or submission of fake/forged documents in order to induce
public official to act in reliance thereof, with the purpose of obtaining unjust advantage by or causing damage
to justified interest of others and/or to influence the procurement process to the detriment of the India Post
Payments Bank interests.
The Vendor(s) will not, directly or through any other person or firm use Coercive Practices (means the act of
obtaining something, compelling an action or influencing a decision through intimidation, threat or the use of
force directly or indirectly, where potential or actual injury may befall upon a person, his/ her reputation or
property to influence their participation in the tendering process)
3.3. Article 3: Consequences of Breach
Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its
established policies and laid down procedures, the Principal/Owner shall have the following rights in case of
breach of this Integrity Pact by the Vendor(s)/ and the Vendor accepts and undertakes to respect and uphold
the Principal/Owner’s absolute right:
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1. If the Vendor(s)/, either before award or during execution of Contract has committed a transgression
through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in
question, the Principal/Owner after giving 14 days’ notice to the Vendor shall have powers to disqualify
the Vendor(s)/ from the Tender process or terminate/determine the Contract, if already executed or
exclude the Vendor from future contract award processes. The imposition and duration of the exclusion
will be determined by the severity of transgression and determined by the Principal/Owner. Such
exclusion may be forever or for a limited period as decided by the Principal/Owner.
2. To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the VENDOR. However, the proceedings with the other VENDOR(s) would continue.
I. The Earnest Money Deposit (in pre-contract stage) and/or Performance Security (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be requiring to assign any reason therefore.
II. To immediately cancel the contract, if already signed, without giving any compensation to the VENDOR.
III. To recover all sums already paid by the BUYER, and in case of an Indian VENDOR with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a VENDOR from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the VENDOR from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest.
IV. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the VENDOR, in order to recover the payments, already made by the BUYER, along with interest.
V. To cancel all or any other Contracts with the VENDOR. The VENDOR shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation / rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the VENDOR.
VI. To debar the VENDOR from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the BUYER.
VII. To recover all sums paid in violation of this Pact by VENDOR(s) to any middleman or agent or broker with a view to securing the contract.
VIII. In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the BUYER with the VENDOR, the same shall not be opened.
IX. Forfeiture of Performance Bond/Performance Bank Guarantee in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
4.2 The BUYER will be entitled to take all or any of the actions mentioned at para 4.1 (i) to (x) of this Pact also
on the Commission by the VENDOR or any one employed by it or acting on its behalf (whether with or without
the knowledge of the VENDOR), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or
Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.
4.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact has been committed
by the VENDOR shall be final and conclusive on the VENDOR. However, the VENDOR can approach the
Independent Monitor(s) appointed for the purposes of this Pact.
Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Vendor or Vendor, or of an
employee or a representative or an associate of a Vendor or Vendor which constitutes corruption within the
meaning of IPC Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/Owner will
inform the same to law enforcing agencies for further investigation.
5.4. Article 4: Previous Transgression
1. The Vendor declares that no previous transgressions occurred in the last 5 years with any other Company
in any country confirming to the anticorruption approach or with IPPB or any other Central/State Public Sector
Enterprises in India that could justify his exclusion from the Tender process.
1. The VENDOR agrees that if it makes incorrect statement on this subject, VENDOR can be disqualified
from the tender process or the contract, if already awarded, can be terminated for such reason.
Article 5: Equal Treatment of all Vendors/Vendors/Sub Vendors
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a. The Vendor(s)/Vendor(s) undertake(s) to demand from all sub-Vendors a commitment in conformity with
this Integrity Pact. The Vendor/Vendor shall be responsible for any violation(s) of the principles laid down in
this agreement/Pact by any of its Sub Vendors/sub-vendors.
b. The Principal/Owner will enter into Pacts on identical terms as this one with all Vendors and Vendors.
c. The Principal/Owner will disqualify Vendors, who do not submit, the duly Signed Pact between the
Principal/Owner and the Vendor, along with the Tender or violate its provisions at any stage of the Tender
process, from the Tender process.
5.6. Article 6- Duration of the Pact
This Pact begins when both the parties have legally signed it. It expires for the Vendor/Vendor 12 months
after the completion of work under the contract or till the continuation of defect liability period, whichever is
more and for all other Vendors, till the Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite the
lapse of this Pacts as specified above, unless it is discharged/determined by the Competent Authority, INDIA
POST PAYMENTS BANK.
3.7. Article 7- Other Provisions
1. This Pact is subject to Indian Law, place of performance and Jurisdiction is the Headquarters of the
Division of the Principal/Owner, who has floated the Tender.
2. Changes and supplements need to be made in writing. Side agreements have not been made.
3. If the Vendor is a partnership or a consortium, this Pact must be signed by all the partners or by one
or more partner holding power of attorney signed by all partners and consortium members. In case of a
Company, the Pact must be signed by a representative duly authorized by board resolution.
4. It is agreed term and condition that any dispute or difference arising between the parties with regard
to the terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal in accordance with this
Integrity Agreement/ Pact or interpretation thereof shall not be subject to arbitration.
1. Independent Monitors
5.1 _____________________________has been appointed as Independent External Monitor (hereinafter referred to as Monitor) for overseeing and implementation of the Pre-Contract Integrity Pact for procurement of services for the BUYER.
5.2 His contact details are as under: _______________________
5.3 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact.
5.4 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.
5.5 Both the parties accept that the Monitors have the right to access all the documents relating to the project/procurement, including minutes of meetings.
5.6 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.
5.7 The VENDOR(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the BUYER including that provided by the VENDOR. The VENDOR will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the VENDOR/Sub-contractor(s) with confidentiality.
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5.8 The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.
5.9 The Monitor will submit a written report to the designated Authority of BUYER/Secretary in the Department/ within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/VENDOR and, should the occasion arise, submit proposals for correcting problematic situations.
2. Facilitation of investigation In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or
its agencies shall be entitled to examine all the documents including the Books of Accounts of the VENDOR
and the VENDOR shall provide necessary information and documents in English and shall extend all possible
help for the purpose of such examination.
3. Law and Place of Jurisdiction This Pact is subject to Indian Law. The place of performance and jurisdiction is New Delhi.
4. Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in
accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
5. Validity
5.1 The validity of this Integrity Pact shall be from date of its signing and extend up to a period of contract and any extended period notified by BUYER.
5.2 The complete execution of the contract to the satisfaction of both the BUYER and the VENDOR/Seller, including warranty period, whichever is later, in case VENDOR is unsuccessful, this integrity Pact shall expire after six months from the date of the signing of the contract.
5.3 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
3.8. Article 8- Legal and prior rights
All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies
belonging to such parties under the Contract and/or law and the same shall be deemed to be cumulative and
not alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agree that
this Integrity Pact will have precedence over the Tender/Contact documents with regard any of the provisions
covered under this Integrity Pact.
IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place and date first
above mentioned in the presence of following witnesses:
For and on behalf of Principal/Owner For and on behalf of Vendor
INDIA POST PAYMENTS BANK, M/s Vendor Name,
2nd floor, Speed Post Centre,
Bhai Veer Singh Marg, Market Road
New Delhi- 110001
WITNESSES:
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1.
(Signature, name and address)
2.
(Signature, name and address)
Place:
Dated:
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7.14 Annexure XIV – Checklist for Bid Submission
S No. Heading Performa Given / documents to be submitted
Eligibility Bid Index
1.
Conformity Letter Annexure I
2.
Bidder Eligibility Criteria (with supporting documents) Duly filled Annexure II
3.
Letter of Indemnity Duly filled in Annexure III
4.
Bidder Details Duly filled in Annexure IV
5.
Bidder’s Response Cover Letter Annexure V
6.
Comments on Terms and Conditions Annexure VI
7.
Pre – Bid Query Format Annexure VII
8.
Self-Declaration Annexure VIII with supporting documents if any
9. Power of Attorney for signing of application Annexure IX
10.
Commercial Bid format Annexure X
11. Bank Guarantee Format for EMD submission Annexure XI
12 Performance Bank Guarantee Annexure XII
13. Integrity Pact is to be submitted along with Tender documents like EMD documents
Annexure XIII
14. Checklist for Bid submission Annexure XIV
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7.15 Annexure XV- Pre Bid Meeting Authorization letter
(To be submitted on company letterhead via email)
To,
Manager (Operations),
India Post Payments Bank
Corporate Office, 2nd Floor,
Speed Post Centre Building,
Bhai Veer Singh Marg, Gole Market, New Delhi – 110 001.
Sir,
Sub: - Authorization Letter - Pre Bid Meeting – RFP for Selection of TECHNICAL SERVICE PROVIDER
for India Post Payments Bank Limited
We, ___________________________________________ (name of the company) hereby authorise
the following executive from our company to attend the pre bid meeting of the subject RFP.
The details of the authorised personnel are as under:
Sr Name Designation Mobile No Email ID for VC invite
Kindly send the VC link for pre bid meeting on the above mentioned email id of the authorized
personnel.
Yours faithfully,
Authorized Signatory
(Stamp & Sign)
Designation
(Bidder’s corporate name)