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RFP for procurement of SDN Ready Data Centre Fabric Page 1 of 114 UNION BANK OF INDIA REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF SDN READY DATA CENTRE FABRIC Union Bank of India Technology Centre, Adi Shankaracharya Marg (JVLR), Opp. Powai Lake, Powai, Andheri (East), Mumbai 400 072

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RFP for procurement of SDN Ready Data Centre Fabric

Page 1 of 114

UNION BANK OF INDIA

REQUEST FOR PROPOSAL (RFP)

FOR

PROCUREMENT OF SDN READY DATA CENTRE FABRIC

Union Bank of India

Technology Centre, Adi Shankaracharya Marg (JVLR),

Opp. Powai Lake, Powai, Andheri (East),

Mumbai – 400 072

RFP for procurement of SDN Ready Data Centre Fabric

Page 2 of 114

DISCLAIMER The information contained in this Request for Proposal (RFP) is provided to the Bidder(s) on the terms and conditions set out in this RFP document. The RFP document contains statements derived from information that is believed to be true and reliable at the date obtained but does not purport to provide all of the information that may be necessary or desirable to enable an intending contracting party to determine whether or not to enter into a contract or arrangement with Bank in relation to the provision of services. The RFP document is not a recommendation, offer or invitation to enter into a contract, agreement or any other arrangement, in respect of the services. The provision of the services is subject to observance of selection process and appropriate documentation being agreed between the Bank and any successful Bidder as identified by the Bank, after completion of the selection process as detailed in this document. No contractual obligation whatsoever shall arise from the RFP process unless and until a formal contract is signed and executed by duly authorized officers of Union Bank of India with the Bidder. The purpose of this RFP is to provide the Bidder(s) with information to assist the formulation of their proposals. This RFP does not claim to contain all the information each Bidder may require. Each Bidder should conduct their own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP and where necessary obtain independent advice. Union Bank of India makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFP. Union Bank of India may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP.

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GENERAL INSTRUCTIONS TO BIDDERS

All bidders must note that this being E-tender, bids received only through online on E-tendering portal https://ubi.abcprocure.comshall be considered as an offer. Any bid submitted in physical form will not be received or opened and shall be summarily rejected.

Procedure for submission of E-tender by bidder:

Interested bidders who wish to participate should visit website https://ubi.abcprocure.com which is the ONLY website for bidding their offer. Further, the procedure is as follows:

1. Register your company in website https://ubi.abcprocure.com for obtaining a Login ID and Password.

2. Using the login ID, password and digital signature, login in to the tender portal to download the tender document. It is mandatory for the Bidders to have a valid Digital Signature Certificate – Signing and Encryption (Class – II or Class – III) issued by any of the valid Certifying Authority approved by Govt. of India as per IT Act, 2000. DSC on Organization name is required, if bidder want to participate on behalf of his/her Company.

3. Pay Earnest Money Deposit (i.e. EMD) through Demand Draft (i.e. DD)/Bank Guarantee (i.e. BG) and upload the scan copy in website.

4. Upload supporting documents by clicking “Mapped Documents”. Then submit the tender. Take a print screen of “Bid successfully submitted” message for reference.

5. Contact details of e-Tender service provider:

i. Mr. YashrajsinhRathod Phone: +91-79-68136815 Email: [email protected]

ii. Mr. Shivam Shewaramani Direct : +91-79-68136824 Email: [email protected]

6. System requirement for online bid submission:

a. Computer / Laptop (Notebook) with internet connection of minimum 256 kbps speed.

b. Operating system - Windows XP Service pack -3 / VISTA/ Windows 7 or above.

Bidder must submit the offer before online closing date & time. The website will

automatically stop accepting the offer after online closing date and time.

e-tendering Helpline no: 079-61200566/567/579/580/569/566/591

Email ID: [email protected]

NOTE: Submission of any bid document through offline mode will not be accepted except Bid Security (EMD) and Pre-Contract Integrity Pact (on plain paper) signed by authorized signatory and should be submitted on or before

last date & time of bid submission.

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Schedule of Events & Bid Details Ref. No. UBI/DIT/2018-19/Data Centre Fabric

Date & Time of issue of RFP 29.10.2018 at 11:00 Hours

Pre Bid meeting 05.11.2018 at 11.00 Hours

(Venue: as mentioned in “Place of opening of Bids”) Last date and time for submission of Query

06.11.2018 by 17:00 Hours

Last date and time for downloading of RFP

22.11.2018 by 15:00 Hours

Last date and time for submission Of Bidding

Document 22.11.2018 by 16:00 Hours

Date and Time of Technical Bid Opening

22.11.2018 at 16:15 Hours

Place of opening of Bids

Union Bank of India, Department of Information Technology, Technology Centre, (2nd Floor), 1/1A-Adi Shankaracharya Marg, Opp. Powai Lake, Powai, Mumbai-400072.

Address for communication As above

Tel:(022) 2571 0244 / 0236 /0507

EMD

Rs.15,00,000.00/-(Rupees Fifteen Lac Only) in the form of Demand Draft in favor of Union Bank of India, payable at Mumbai. EMD can also be paid in the form of Bank Guarantee (BG) of any scheduled commercial Bank other than Union Bank of India valid for Six months from the date of submission of RFP with claim period of minimum 60 days. EMD should be enclosed in Technical Bid.

Performance Bank Guarantee Performance Bank Guarantee equivalent to 10% of the project cost valid for the contract period with claim period of minimum 60 days.

Contact details

Interested Bidders are requested to send the email to: [email protected] [email protected] [email protected] [email protected] Containing following information, so that in case of any clarification same may be issued to them: Name of company, contact person, Mailing address with Pin Code, Telephone No., Fax No., email address, Mobile No. etc.

Note: Any bid received after target date and time of the receipt of bids prescribed

as mentioned above, will not be accepted by the Bank. Bids once submitted will be

treated as final and no further correspondence will be entertained on this. No bid

will be modified after submission of bids. No bidder shall be allowed to withdraw

the bid.

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Contents

1 Introduction ................................................................................................................. 8

2 Integrity Pact (IP) ........................................................................................................ 8

3 Objectives of the RFP ................................................................................................. 9

4 Invitation of Tender Bids ........................................................................................... 9

5 Broad Scope of Work ................................................................................................ 10

6 Eligibility Criteria ...................................................................................................... 13

7 Service Level Agreement and Non-Disclosure Agreement ................................. 15

8 No Erasures or Alterations ....................................................................................... 15

9 Two Part Tender........................................................................................................ 15

10 Overview of Evaluation Process .............................................................................. 19

11 Modification and/or Withdrawal of Bid ................................................................. 21

12 Bid Validity ................................................................................................................. 21

13 Amendment of BID / RFP Document ...................................................................... 21

14 Pre-bid Meeting ......................................................................................................... 22

15 No Commitment to Accept Lowest or Any Tender .............................................. 22

16 RFP Document ............................................................................................................ 22

17 Bid Earnest Money Deposit (EMD) ........................................................................... 23

18 Submission of Bids ..................................................................................................... 24

19 Rejection of Bid ......................................................................................................... 24

20 RFP Response ............................................................................................................. 25

21 Price composition & TCO ......................................................................................... 25

22 No Price Variation ..................................................................................................... 26

23 Opening of Offers ...................................................................................................... 26

24 Right to Alter Quantities & repeat orders ............................................................ 26

25 Designing and implementation Plan ...................................................................... 26

26 Award of Contract ..................................................................................................... 26

27 Warranty, Annual Maintenance Contract (AMC) and Support ........................... 27

28 Insurance .................................................................................................................... 27

29 Service Level Agreement (SLA) ............................................................................... 28

30 Terms of execution of work .................................................................................... 28

31 Delay in Bidder‟s performance in successful implementation of the project 28

32 Order Termination .................................................................................................... 29

33 Liquidated Damages ................................................................................................. 30

34 Network audit ............................................................................................................ 31

35 Quality Requirement for equipment...................................................................... 31

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36 Proposal Process Management ................................................................................ 31

37 Vendor Indication of Authorization to Bid ............................................................ 32

38 Proposal Ownership .................................................................................................. 32

39 Responsibility for Completeness ............................................................................ 32

40 Intellectual Property Rights .................................................................................... 33

41 Non-Transferable Offer ............................................................................................ 33

42 Payment Terms .......................................................................................................... 33

43 Taxes & Duties ........................................................................................................... 33

44 Acceptance ................................................................................................................. 34

45 Exit Option ................................................................................................................. 35

46 Rules for Re-Auction ................................................................................................. 35

47 Guarantee ................................................................................................................... 36

48 Governing language .................................................................................................. 36

49 Governing Law and Disputes ................................................................................... 36

50 Minimum Wages ......................................................................................................... 36

51 Force Majeure ............................................................................................................ 36

52 Limitation on promotion .......................................................................................... 37

53 Indemnity .................................................................................................................... 37

54 Limitation of Liability ............................................................................................... 40

55 Patents Rights ............................................................................................................ 40

56 Confidentiality ........................................................................................................... 40

57 Resolution of Disputes .............................................................................................. 41

58 Other terms and conditions ..................................................................................... 41

59 Performance Bank Guarantee ................................................................................. 41

60 Contact Person .......................................................................................................... 42

61 Annexure A - Technical Offer ................................................................................. 43

61.1 Annexure A1 - (Letter to the bank on the vendor‟s letterhead) ...................... 43

61.2 Annexure A2 – Undertaking ..................................................................................... 44

61.3 Annexure A3 – Compliance to Eligibility Criteria ................................................ 45

61.4 Annexure A4 - Undertaking by Bidder ................................................................... 47

61.5 Annexure A5 - Manufacturer Authorisation Format ............................................ 48

61.6 Annexure A6 - Compliance to RFP terms & conditions ...................................... 49

61.7 Annexure A7 - Vendor profile & other information ............................................ 51

61.8 Annexure A8 – Bid Form ........................................................................................... 53

62 Annexure B - Technical specification of the switches ....................................... 54

62.1 Annexure B1 – Spine Switch Specification ............................................................ 54

62.2 Annexure B2 – Leaf switch (Copper) Specification ............................................. 59

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62.3 Annexure B3 – Leaf Fibre Switches ........................................................................ 66

63 Annexure C – Configuration details of switches .................................................. 73

64 Annexure D - Un-priced Commercial Offer .......................................................... 74

64.1 Annexure D1 – Un-priced Commercial offer of hardware .................................. 74

64.2 Annexure D2 – Un-priced Commercial offer for Services ................................... 75

64.3 Annexure D3 - Summary of Un-priced Commercial Prices ................................. 76

65 Annexure E – Indicative Commercial Offer ........................................................... 78

65.1 Annexure E1 - Indicative commercial offer of hardware ................................... 78

65.2 Annexure E2 - Indicative commercial offer for services .................................... 79

65.3 Annexure E3 - Summary of Indicative Prices ....................................................... 80

66 Annexure F - Reverse Auction Process .................................................................. 82

67 Annexure F1 - Compliance Statement ................................................................... 89

68 Annexure F2 - Letter of Authority for participation in Reverse Auction ........ 90

69 Annexure F3 - Undertaking of Process Compliance Statement for Reverse Auction ................................................................................................................................ 91

70 Annexure G - Format of Bank Guarantee (EMD) .................................................. 92

71 Annexure H - Confidentiality / Non Discloser Agreement ................................. 93

72 Annexure I - Format for Contract (Stamp paper) ................................................ 98

73 Annexure J - Format for Performance Bank Guarantee ................................... 101

74 Annexure K - Pre-Contract Integrity Pact (On Plain Paper) ............................ 103

75 Annexure L - Know Your Employee (KYE) Clause .............................................. 109

76 Annexure M - Format for Clarification/Queries ................................................. 110

77 Annexure N - Undertaking of Information Security........................................... 111

78 Annexure O - Reference Site Details ................................................................... 112

79 Annexure P - Letter for Refund of EMD ............................................................... 113

80 Annexure Q - Undertaking of Authenticity for Network Equipments ............ 114

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UNION BANK OF INDIA 1 Introduction

Union Bank of India (hereinafter called as “Bank” or “the Bank”) is having its Central Office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai, Pin – 400 021. Union Bank of India is one of the largest commercial bank in India. The Bank has more than 4300+ branches/offices and 7000+ ATMs across the country.

2 Integrity Pact (IP)

Venders/bidders/sellers, only those who commit themselves to Integrity Pact

(IP) with the Bank, would be considered competent to participate in the

bidding process. In other words, entering into this pact would be the

preliminary qualification. In case of bids for value of Rs.1.50 Crore not

accompanied with signed IP by the bidders along with the technical bid, the

offers shall be summarily rejected.

IP shall cover all phases of contract i.e. from the stage of Notice Inviting

Tenders (NIT)/Request for Proposals (RFP) till the conclusion of the contract

i.e. final payment or the duration of warrantee/guarantee. Format of IP is

attached in Annexure K for strict compliance.

The following Independent External Monitors (IEMs) have been appointed by the

Bank, who will review independently and objectively, whether and to what

extent parties have complied with their obligation under the pact.

a. Mr.Ashwani Kumar,

E-mail: [email protected]

b. Mr.B. Ravichandran, IRS (C&CE) (Retired),

E-mail: [email protected]

Integrity Pact (IP) should be deposited with Mr. Vikram Gaikwad (022-25710507) or Mr. Sanjiiev Kumar (022 – 25710528) of Procurement Department, DIT at the address mentioned in place of opening of bids.

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3 Objectives of the RFP 3.1 Union Bank of India has its existing Data Center (DC) at3rd floor of Department of

Information Technology office, Powai, Mumbai and is planning to shift it to the new Green Data center built at 6thfloor of the same office. Bank intends to upgrade the network architecture with Software Defined Networking (SDN) ready Data centre fabric (Spine-Leaf model) while shifting to new 6th floor Data Centre.

3.2 Union Bank of India intends to issue this bid document, hereinafter called RFP, to eligible Bidders in India, hereafter called as “Bidders or Vendors”, to participate in the competitive bidding for procurement and implementation of SDN ready Data Centre Fabric (Spine-Leaf model). The Bank, for this purpose, invites proposal from Bidders. The „Request for Proposal‟ (RFP) document is now being issued to enable vendors to submit their responses to the Bank. For commercial evaluation, the Bank will adopt „Reverse auction‟ process to finalize the vendor for the project. The procedure for the „Reverse auction‟ is furnished in Annexure F.

3.3 Bidder who is interested in participating in this RFP must fulfill the eligibility criteria mentioned in the document and also in a position to comply the technical specification.

3.4 Apart from the above the bidder must also agree to all our terms & conditions

mentioned under this RFP. 3.5 Bank may not accept any deviations from the terms and conditions specified in the

tender. Deviations could result in disqualification of the offer made by the vendor at the discretion of the Bank.

4 Invitation of Tender Bids

This RFP is an invitation for bidder responses. No contractual obligation on behalf

of the Bank whatsoever shall arise from the RFP process unless and until a formal

contract is signed & executed by duly authorized officers of the Bank and the

successful bidder. However, until a formal contract is prepared and executed, this

offer together with Bank‟s written acceptance & notification of award shall

constitute a binding contract with the successful bidder.

Bidders are expected to examine all instructions, forms, terms, specifications, and

other information in the RFP document. Failure to furnish any information required

by the RFP document or to submit a bid not substantially responsive to the RFP

document in every respect will be at the Bidder‟s risk and may result in the

rejection of its bid. The procedure and terms & conditions for submission of bid are

enumerated in this RFP.

All offers of the bidders shall be unconditional and once accepted whether with or

without modifications by the Bank shall be binding between the Bank and such

Bidder.

The RFP document can be downloaded from Bank‟s Website www.unionbankofindia.co.in or govt. tender portal www.eprocure.gov.inor

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e-Procurement Portal https://ubi.abcprocure.com. The response should be uploaded online at the e-procurement Portal https://ubi.abcprocure.com

5 Broad Scope of Work

The scope of work includes 5.1 Supply, installation, configuration & maintenance of the Data centre fabric (SDN

ready from day one) along with the software, hardware in Spine-Leaf architecture and seamless migration and integration with existing Network Architecture of Bank. The existing network architecture will be shared to the successful bidder.

5.2 All the network equipment should be covered under the contract period of 5 years including 3 years warranty and 2 years comprehensive AMC post warranty period of 3 years. Bank may extend the comprehensive AMC for further 2 more years after 5 years contract at same cost & terms and conditions based on the requirement.

5.3 The successful bidder should submit the architecture design, detailed project plan, configuration, implementation, User Acceptance Testing (UAT)and rollback plan along with the documentation.

5.4 The successful bidder should arrange the proposed OEM‟s visit to Bank‟s DC for

planning & designing the DC Fabric solution during pre-implementation phase of the project and for validation & verification of solution during implementation / post-implementation phase. Bidder should submit deployed solution verification certificate from proposed OEM to the Bank.

5.5 The successful bidder has to deploy OEM certified engineers having expertise in DC fabric at Bank‟s Data Center during the implementation process and ensure that the activity is to be carried out strictly in accordance with the OEM‟s design and the Industry‟s best practices & guidelines.

5.6 The migration & integration activity should be carried out in coordination with Bank‟s Network System Integrator(NSI), Firewall administrators, Application owners, CISO office etc. and with no / minimal possible downtime during holidays / night hours provided by the Bank according to the requirement.

5.7 The spine network switches in the proposed data centre fabric should be interoperable with the Bank‟s existing 12 nos. of Cisco Nexus (9K) switches as fully functional leaf switches.

5.8 Interconnection between spine and leaf switches through Direct Attach Cables (DAC) provided by OEM or through fiber cables is the scope of the bidder without any additional cost to the bank.

5.9 Bidder should deploy an OEM certified resident engineer having at least five years of experience and expertise in the DC fabric during business hours on all working days which may be extended in case of exigency. In case of absence of engineer an alternate should be provided in the same capacity and expertise. Bidder should deploy additional engineer(s) at the RFP discovered cost, as per the requirement of the Bank.

5.10 The resident engineer have to perform the following duties (but not limited to)

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a) Coordination with NSI to resolve network issues in day-to-day operations b) Preparation and processing of Change requests as per the requirement of

the Bank. c) Periodic review of logs and take the necessary action to mitigate risks, if

any. d) Supporting IS audit, VA & PT and closure of identified vulnerabilities. e) Assisting DR drills conducted by the Bank. f) Configuration, Backup, Patch, Upgrade, Report & Inventory maintenance.

5.11 The complete Data Centre Fabric including but not limited to Spine & Leaf

switches, SFP/QSFP, Data Center Network Management Software, other components / software etc. should be from same OEM and should have comprehensive onsite support for a period of 5 years from the date of sign-off by the Bank on completion of this project.

5.12 The software & hardware quoted by bidder should not be declared as End of Sale (EOS) by the OEM for two years from the date of installation. In the event of the supplied equipment being declared EOS within the mentioned period, the bidder has to replace the equipment with equipment having equivalent or higher configurations without any additional cost to the Bank.

5.13 The successful bidder should ensure that the equipment proposed in this RFP, should not be declared as End of Life (EOL) or End of Support (EOS) by the OEM within the 5 years contract period. In the event of the supplied equipment being declared End of support/End of Life during the contract period of 5 years, the bidder has to replace the equipment with equipment having equivalent or higher configurations without any additional cost to the Bank.

5.14 The bidder should provide adequate training on the proposed DC fabric setup to Bank officials preferably at Mumbai.

5.15 Proactive replacement of device should be arranged in case of any suspected hardware issues with the supplied equipment.

5.16 The successful bidder should provide support for all the supplied devices on 24 X 7 X 365 basis and should replace the equipment within 4 hours of time, in case of any failure. (SLA penalty applicable in case of default).

5.17 The successful bidder should complete the entire project (delivery, configuration, migration of proposed DC fabric and integration with existing network architecture) within 6 weeks from the issuance of Purchase order. ( damages applicable in case of default).

5.18 If Bank decides to shift the data center location, in case of any exigencies, the bidder should shift the equipments without any additional cost to the Bank. However, Bank will bear the transportation cost, if any.

5.19 Suitable software / firmware / operating system should be installed for all the devices supplied by the bidder and upgrade to the recommended / latest version, as per the requirement without any additional cost to the bank.

5.20 The requirement of Spine & Leaf switches in brief is as under:

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Spine Switch

5.20.1 Two switches each with minimum 48 nos. Ethernet (Base T / RJ45)/Fibre ports of 40G/100G ports where copper and fibre ports can be used interchangeably with SFP/QSFPs, as per requirement. Switches should work in High Availability (HA) Active-Active mode.

5.20.2 Switch should be capable of segregate zones using virtual control plane on the

hardware. Each zone created should be logically assigned with its control plane and data plane on single hardware so that there should not be any interference of traffic of one zone into others.

5.20.3 Sufficient resources should be provided to each zone for proper flow and control on the traffic flowing through that zone.

5.20.4 Switch should be capable of creating minimum 16 virtual zones.

5.20.5 Switch should have 2 supervisor engines per switch to have redundancy at supervisor layer of switch.

5.20.6 Switch should support non-disruptive firmware/IOS upgradation like ISSU (in service software upgrade).

5.20.7 Switch should be rack mountable with rack mounting kit.

5.20.8 Power cords of Indian standard should be provided.

Leaf switch (Copper) 5.20.9 Switch each with minimum 48 nos. Ethernet (Base T/ RJ45) of

100M/1000M/10000M ports. Switch should work in High Availability (HA) Active-Active mode.

5.20.10 Switch should have minimum 2 fibre uplinks of 40G/100G ports.

5.20.11 Switch should support non-disruptive IOS upgradation like ISSU (in service software upgrade).

5.20.12 Switch should be rack mountable with rack mounting kit.

5.20.13 Power cords of Indian standard should be provided.

Leaf Switch (Fibre) 5.20.14 Switch each with minimum 48 nos. Slot based switches along with fibre

SFPs. Fibre ports should support 100M/1000M/10000M port capacity. Same slots of switches should also be compatible for copper based SFPs which should support 10M/100M/1000M port capacity. Switch should work in High Availability (HA) Active-Active mode.

5.20.15 Switch should have minimum 2 fibre uplinks of 40G/100G ports.

5.20.16 Switch should support non-disruptive IOS upgradation like ISSU (in service software upgrade).

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5.20.17 Switch should be rack mountable with rack mounting kit.

5.20.18 Power cords of Indian standard should be provided.

5.21 The cost of SFP/QSP modules (in adequate number), Data Center Network

Management Software and other components / software, if any, should be included/absorbed in the hardware & AMC cost of spine and leaf switches.

5.22 OEM onsite support should be provided during the process of network devices Installation and Configuration of DC fabric and for resolution of complaints related to core components during the contract period.

5.23 Bank has deployed Cisco router and switches at its locations and data centre and the proposed DC Fabric should be Interoperable with these equipment.

5.24 Bidder can provide Spine switch either Chassis based or fixed switch meeting the port requirement mentioned above with redundancy/high availability for control and data plane in each zone. Chassis based switch should be maximum of 10 rack units RU.The detail technical specification of the switches is as per Annexure B.

5.25 Spine and Leaf switches should support Software Defined Networking from day one. If Bank decides to implement SDN, all the supplied switches and components should support and fully functional with SDN solution.

5.26 Bidder must ensure smooth migration of current LAN infrastructure to proposed

LAN infrastructure i.e. spine leaf model. There should not be isolation of even single server after migration of LAN infrastructure. All servers and machines in network before migration should be in network and accessible as it would have been pre-migration.

5.27 DC Fabric should support both IPv4 and IPv6 from day one. At present, IPv6 is not

implemented in Bank‟s Network. Bidder need to implement IPv6 without any additional cost whenever Bank decides to implement.

6 Eligibility Criteria

Only those Bidders who fulfill the following criteria are eligible to respond to the RFP. Documents in support of all eligibility criteria are required to be submitted along with the Technical Bid. Offers received from the bidders who do not fulfill any of the following eligibility criteria are liable to be rejected.

6.1 The bidder has to submit Integrity Pact (IP) signed by authorized signatory as

prescribed format mentioned in Annexure K on plain paper in advance(not prior to issuance of RFP) or at the time of bid submission. Bidder shall be liable for rejection in case of non-submission of the same.

6.2 The bidder should be a registered/incorporated company in India as per Companies Act 1956/2013 and must have been in existence for the last 5 years. Relevant Documents of registration is to be submitted.

6.3 The bidder must have minimum annual turnover of Rs.15 Crore each in last three financial years (i.e. 2015-16, 2016-17 & 2017-18) from Indian operations. Audited

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financial statements for FY2015-16, FY2016-17 & FY2017-18 years are to be submitted. If Balance Sheet and Profit & Loss statements for FY2017-18 are not audited, CA certificate should be submitted. This must be the individual company turnover and not that of any group of companies.

6.4 The bidder should have positive operating profit (as EBITDA i.e. Earnings Before

Interest, Tax, Depreciation & Amortization) in each of last three Financial Years (i.e. 2015-16, 2016-17 & 2017-18). Copies of the audited balance sheet and Profit & Loss Statement of the company for FY2015-16, FY2016-17 & FY2017-18 years are to be submitted. If Balance Sheet and Profit & Loss statements for FY2017-18 are not audited, CA certificate should be submitted.

6.5 The Bidder must be in Core Business of IT Network services & solution for

minimum 5 years and should have expertise in Design, Supply, Implementation and Configuration of Data Center Network Fabric Infrastructure. The Bidder must also have experience across diverse networking technologies i.e. Switching, Routing, Security Solutions and Network management services. Relevant documents should be submitted as evidence.

6.6 The Bidder should be an authorized partner with the highest level of partnership

with proposed OEM at least for the last 3 years. The bidder should submit Manufacturer Authorization Form as per format given in Annexure A5.The proposed OEM should have warehouse on its own/through partner in Mumbai/Thane/Navi Mumbai.

6.7 The bidder must have supplied, implemented and maintaining/maintained proposed OEM‟s SDN / SDN ready DC Fabric of minimum 2 Spine switches & 10 Leaf switches (same firmware/family) in minimum 2 PSBs / PSUs / BSE / NPCI / RBI/ Central Government organizations in India. In case of PSB, Banks having business mix of Rs.2.00 lacs Crore or above in last five years will be considered.(Bidder needs to submit certificate from client organization or copy of purchase orders).

6.8 Bidder should have registered office in Mumbai for support. Bidder need to submit

the complete address with contact details.

6.9 The bidder should have not been blacklisted at any time by the Central / State

Governments/ PSUs/PSBs/IBA/RBI/ Any other regulatory authority. In case, in the past, the name of their Company was blacklisted by any of the Govt. Authority

or PSUs/PSBs IBA/RBI/Any other regulatory authority, the name of the company or organization must have been removed from the said list as on date of submission of the RFP, otherwise the bid will not be considered. Self-Declaration on Company‟s letter Head signed by authorized signatory of the bidder as per the Annexure A4 is required to be submitted.

6.10 The bidder should not have defaulted in delivery and installation against previous

Purchase Orders issued by Union Bank of India to that Bidder. Undertaking in this regard on bidder‟s letterhead to be submitted.

The participating bidders are required to submit valid unambiguous documentary evidences, in support of their meeting the above eligibility criteria. The Bidder must comply with all above mentioned criteria. Non-compliance of any of the criteria will entail rejection of the Bid summarily.

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Bank reserves the right to verify/evaluate the claims made by the Bidder independently. Any decision of the Bank in this regard shall be final, conclusive and binding up on the bidder. The Bank may accept or reject an offer without assigning any reason whatsoever.

All documentary evidence/certificates confirming compliance to eligibility criteria should

be part of technical bid.

7 Service Level Agreement and Non-Disclosure Agreement

7.1 The successful bidder should execute a) Service Level Agreement (SLA), which

must include all the services and terms and conditions of the services to be extended as detailed herein, and as may be prescribed or recommended by the Bank as per Annexure I and b) Non-Disclosure Agreement (NDA) as per Annexure H. The service provider shall execute the SLA & NDA within one month from the date of issuance of purchase order. Payment will not be released in absence of above signed agreement.

8 No Erasures or Alterations

8.1 There should be no significant hand-written material, corrections or alterations in the offer. Technical details must be completely filled up. Correct technical information of the product being offered must be filled in. Filling up of the forms using terms such as “OK”, “accepted”, “noted”, “as given in brochure/manual” are not acceptable to the Bank. The Bank may treat offers not adhering to these guidelines as unacceptable.

8.2 The offer should specify a single solution for the entire project. Each tender should be complete and self-contained in all respects and avoid cross-referencing other offers from the same vendor.

9 Two Part Tender

9.1 The advertisement is included as an integral part of this Document. Bank will carry out the technical evaluation based on the technical bids submitted.

9.2 The Bid should be submitted online at the e-Procurement site

https://ubi.abcprocure.com by the Bidder. It should comprise the following components:

9.2.1 Technical bid – Part I: “TECHNICAL BID for “RFP for Procurement of SDN Ready Data Centre Fabric”.

9.2.2 Indicative Commercial bid – Part II: “INDICATIVE COMMERCIAL BID for “RFP for Procurement of SDN Ready Data Centre Fabric”.

9.2.3 Any bid document not conforming to any one of the above terms will be

rejected.

Bidders, who have not submitted Security Deposit (EMD amount) and Integrity Pact signed

by authorized signatory, will not be permitted to participate in the bid.

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In the first stage, Integrity Pact (IP) signed by authorized signatory submitted by bidder

will be reviewed and if it is as per prescribed format then only TECHNICAL BID will be

opened and evaluated. Bidders satisfying the technical requirements as determined by

the Bank and accepting the terms and conditions of this document shall be short-listed

for commercial evaluation. Under the second stage, the INDICATIVE COMMERCIAL BID of

only those bidders, whose technical bids are qualified, will be opened.

As a part of technical evaluation, the bidders may be required to give complete

presentation of their offer solution. The presentation may also include details of

customization required if any and the time period for its complete implementation.

The Technical offer (T.O.) should be complete in all respects and contain all information

asked for in this document. The Technical Offer should also contain the un-priced

commercial bid i.e., Annexure D comprising of Annexure D1 to D3 without any price

information. The Technical Offer is in Annexure A comprising of Annexure A1 to Annexure

A8 and Indicative commercial price Bid is in Annexure E comprising of Annexure E1 to E3.

The relevant price information should be given only in Indian Rupees. The Commercial

Offer (C.O.) should not contradict the T.O. in any manner whatsoever. The T.O. should

be sufficient to verify that all requirements asked for are quoted in the Indicative

commercial Offer.

9.3 Opening of the Indicative commercial price bids will be subject to the bidder

getting short-listed on the basis of technical evaluation. The offers should be valid for six months from the last date of submission of tender.

9.4 For finalization of most competitive offer, the Bank will conduct „Reverse auction‟.

The detailed procedure for Reverse auction is given as per Annexure F. The technically qualified vendors will participate in the Reverse auction process. The vendors should furnish indicative prices for the project in their Indicative Commercial Offer (C.O) to facilitate „Reverse auction‟ under E-Procurement process. The lowest Indicative Commercial offer (total cost) may be considered for starting bid of the reverse auction. Vendors should note that the indicative commercial offer is only for discover the starting bid for „Reverse auction‟ process. The L-1 vendor will be decided only on finalization of prices through Reverse auction process.

Format for Technical Offer

9.5 It is mandatory to submit the Technical Offer as per the format suggested herein

below duly filled in, along with the other documents. The Bank, at its discretion, may not evaluate a Technical Offer in case of non-submission or partial submission of technical & other details. The Bank will not normally allow/permit changes in the technical specifications at a later date. The relevant product information proposed to be deployed along with technical specifications should be submitted with the Technical Offer. Failure to submit this information along with the offer could result in disqualification.

9.6 The Technical Offer should be complete in all respects and contain all information asked for in this document. It should not contain any price information.

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9.7 The Technical Bid - Part I must be submitted online.

9.8 The Bank may, at its discretion, extend this deadline for submission of bids by amending the Bid Documents.

9.9 The following two original documents are to be submitted to the bank physically as well as in online mode on or before last date & time of bid submission:

9.9.1 Bid security of Rs.15,00,000/-(Rupees Fifteen Lac Only) in the form of a demand draft/pay order issued by a scheduled commercial bank favoring Union Bank of India, payable at Mumbai or Bank Guarantee from scheduled commercial Bank other than Union Bank of India.

9.9.2 In case of bidders who have been registered with NSIC, are eligible for waiver of EMD, they need to submit valid NSIC Certificate clearly mentioning that they are registered with NSIC under single point registration scheme.

9.9.3 Integrity Pact (IP) as provided in Annexure K is to be submitted physically. It

should be on plain paper duly signed by authorized signatories.

Non submission of above two documents i.e. Bid security and Integrity Pact as per Annexure K at the time of bid submission will be liable for rejection of bid. Bidders are expected to examine all terms and instructions included in the documents. Failure to provide all requested information will be at bidder‟s own risk and may result in the rejection of the proposal.

9.10 The following documents are to be submitted online at the e-procurement site https://ubi.abcprocure.com:

9.10.1 Covering letter (as per Annexure A1 and A2). The covering letter should

confirm that the vendor is willing to undertake the job of supply, install, Management& Maintenance etc. of the switches, as specified in the scope of work by the Bank under outsourced model. Vendor should also confirm that all relevant information is included in the offers as the case may be.

9.10.2 Compliance to eligibility criteria as per Annexure A3. 9.10.3 Undertaking by Bidder as per Annexure A4. 9.10.4 Manufacturer Authorization Format (MAF) as per Annexure A5.

9.10.5 Compliance to all the terms & conditions of the RFP as per Annexure A6.

9.10.6 Details of the vendor company, as per the format given in Annexure A7. 9.10.7 Bid Form as per Annexure A8.

9.10.8 Compliance to technical specification of the switches as per Annexure B

comprising Annexure B1 to B3.

9.10.9 Make & model of equipments as per Annexure C based on the technical specifications given by the Bank as per Annexure B comprising Annexure B1 to B3.

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9.10.10 Un-priced Indicative commercial offer as per Annexure D comprising Annexure D1 to D3

9.10.11 Reverse Auction Annexure F, Annexure F1,Annexure F2 and Annexure F3.

9.10.12 Demand draft / Bank Guarantee as per Annexure G (valid for six months) for Rs.15 lacs as Bid security.

9.10.13 Confidentiality / Non Discloser Agreement as per Annexure H. 9.10.14 Pre-Contract Integrity Pact (On Plain Paper) as per Annexure K.

9.10.15 Know Your Employee (KYE) Clause as per Annexure L. 9.10.16 Undertaking of Information Security Undertaking of Information Security

as per Annexure N.

9.10.17 Reference Site Details as per Annexure O. 9.10.18 Undertaking of Authenticity for Network Equipments as per Annexure Q.

9.10.19 Technical Documentation (Product Brochures, leaflets, manuals etc.).

Vendors are required to provide printed technical documentation for the equipments proposed by them. It may please be noted that availability of technical documentation is essential for evaluation of the offer.

9.10.20 The vendor should submit Unpriced Indicative Commercial offer without any price quotes as per the format given as Unpriced Commercial offer as per Annexure D1 to D3.

9.10.21 Sealed and signed copy of complete RFP and Corrigendum if any.

Photocopies of relevant documents / certificates as proof in support of various information submitted online in aforesaid annexure and other claims made by the bidder to be submitted. All the annexure should be submitted in letter head of bidder duly signed with seal of the company. (All these documents are to be filed in one file) Photocopies of relevant documents / certificates as proof in support of various information submitted online in aforesaid annexure and other claims made by the vendor (to be filed separately). The bidder should ensure that all the annexure should be submitted as prescribed by the Bank. In case it is not in the prescribed format, it is liable to be rejected.

9.11 The Bank reserves the right to disqualify the bidder/(s) if bidder/(s) have not completed any project successfully in the past in Union Bank of India in stipulated time i.e. supply Installation, Implementation etc.

9.12 The Bank reserves the right to resort to re-tendering without providing any reason whatsoever. The Bank shall not incur any liability on account of such rejection.

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9.13 The Bank further reserves the right to reject any or all offers based on its own evaluation of the offers received, or on the basis of stability, capabilities, track records, reputation among users and other similar features of a bidder.

9.14 The Bank reserves the right to modify any terms, conditions or specifications of RFP before date of submission of bids. Bidder has to submit bid documents as per the changes/modifications while submitting the bid. Notification of amendments/corrigendum will be made available on the Bank‟s website www.unionbankofindia.co.in, govt. tender portal www.eprocure.gov.in and e-Procurement Portal https://ubi.abcprocure.com and will be binding on all bidders and no separate communication will be issued. In order to allow prospective bidders reasonable time to take the amendment into account in preparing their bids, the Bank, at its discretion, may extend the deadline for a reasonable period as decided by the Bank for the submission of Bids. No post bid clarification of the bidder shall be entertained.

Format for Indicative commercial offer

9.15 The Indicative commercial offer must not contradict the Technical offer in any way and should include the indicative cost of all the items offered. The suggested format for submission of Commercial offer is as follows:

9.15.1 Indicative Commercial Offer as per Annexure E1 to E3. This must

contain all price information.

9.15.2 The Indicative Commercial Offer should be submitted online at the e-Procurement site https://ubi.abcprocure.com as Annexure E1 to E3by way of entering the values at the site. This must contain all prices.

9.15.3 The vendors should not offer any options or any conditional offers to the Bank while giving the price information. The offer should strictly be in conformity with the items as specified by the Bank. No additions or deletions to the Annexure are allowed. Any deviations may lead to disqualification of the bid.

10 Overview of Evaluation Process

10.1 Technical evaluation process:

10.1.1 The bids received will be scrutinized to determine the fulfillment of Eligibility criteria as stipulated by the Bank.

10.1.2 The technical evaluation of those bidder who are meeting all the eligibility

criteria will be carried out including the following:

10.1.2.1 Meeting the technical specifications, their capability for carrying out implementation of switches, migration of switches in the large DC, projects implemented, support strength etc.

10.1.2.2 Agreement to the scope of work, meeting SLAs and Terms and Conditions

10.1.2.3 Participation in Reverse Auction.

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10.1.2.4 Feedback from reference sites on services offered by vendor. Bank may carry out the reference site check for satisfactory services during evaluation process.

10.1.2.5 Compliance to the un-priced Indicative commercial offer.

10.1.2.6 During the period of evaluation, bidders may be asked to provide more details and explanations about information provided in the proposals. Bidders should respond to such requests within the time frame indicated in the letter/e-mail seeking explanation.

10.1.2.7 Setting of evaluation criteria for selection purposes shall be entirely at

the discretion of the Bank. The decision of the bank in this regard shall be final and no correspondence shall be entertained in this regard.

The Bank may, at its discretion, waive any minor informality, nonconformity, or irregularity in a bid which does not constitute a material deviation and financial impact, provided such waiver does not prejudice or affect the relative ranking of any bidder. Wherever necessary, observations on such „minor‟ issues (as mentioned above) may be conveyed to the bidder, asking them to respond by a specified date also mentioning therein that, if the bidder does not respond by the specified date, their bid will be liable to be rejected. On the basis of technical evaluation, the Bank shall take a decision for short listing of the bidders for Commercial Evaluation. If the technical evaluation is not found to be satisfactory, further evaluation will not be done. No separate information will be sent to the disqualified bidders. Any decision of the BANK in this regard shall be final, conclusive and binding on the bidder.

10.2 Commercial Evaluation Process

10.2.1 The Indicative commercial proposals of only those Bidders who are qualified in

the technical evaluation would be opened and the lowest indicative prices may be taken as the starting bid for conducting Reverse auction under E-procurement process. The detail of Reverse auction under E-procurement process is given as per Annexure F. The L-1 vendor emerging from Reverse auction process will submit a detailed breakup of total cost as per Annexure E (as per the Annexure E1 to E3)

10.2.2 Bank reserves the right to eliminate H1 (Highest indicative commercial) bid during indicative price bid evaluation, if more than three techno-commercially shortlisted bids are available. If two or more bidders have quoted same H1 cost, the bidder(s) who submitted the bid later, shall be rejected and will not be allowed to participate in reverse auction provided more than three bidders are available after elimination for competition in reverse auction.

10.2.3 For finalization of the most competitive offer, the Bank will conduct “Reverse auction‟. The detailed procedure and Business rules for the Reverse auction is given as per Annexure F and are also available on Bank‟s web site.

10.2.4 The technically qualified bidders will participate in the Reverse auction

process that will be conducted by an Auction company authorized by the Bank. Specific rules for this particular event viz. date and time, start price, bid decrement value, duration of event etc. shall be informed by the Auction Company to the participating bidders before the event. Bidders should furnish

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indicative prices for the project in their Indicative Commercial Bid to facilitate finalizing the start bid for Reverse auction under E-Procurement process.

10.2.5 The L-1 bidder emerging at the end of the Reverse Auction process shall be

required to submit the break-up of his Final price (last bid price) again as per Annexure E(as per the Annexure E1 to E3). Failure or refusal to offer the services/goods at the price committed through Reverse Auction shall result in forfeit of the EMD to Bank, which please be noted.

10.2.6 The final decision on bidder will be taken by Union Bank of India. Union Bank

reserves the right to reject any or all proposals. Similarly, it reserves the right not to include any bidder in the final short-list without assigning any reason whatsoever.

10.2.7 The Bank shall follow all the guidelines/notifications for public procurement.

11 Modification and/or Withdrawal of Bid

11.1 The bidder may modify or withdraw its bid‟s submission, provided that written notice of the modification or withdrawal is received by the Bank prior to the deadline prescribed for submission of bids.

11.2 The Bidders‟ modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance to the provision of Para “Submission of Bids”, with the envelope additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate. The withdrawal notice should be submitted to the Bank not later than the deadline for submission of bids.

11.3 No bid will be allowed to be modified after the deadline for submission of bids.

11.4 No bid shall be withdrawn in the intervening period between deadline for submission of bids and expiration of period of bid validity specified by the bidder in the submitted bid.

11.5 No bidder shall be allowed to withdraw the bid, if bidder happens to be successful bidder.

12 Bid Validity

12.1 The bidder shall keep the bid valid for 180 days from the last date of submission of bids. A bid valid for shorter period is liable to be rejected. Bidder may require giving consent for the extension of the period of validity of the bid beyond initial 180 days, if so desired by the Bank in writing or by fax. Refusal to grant such consent would result in rejection of bid without forfeiture of the EMD. However, any extension of validity of bids will not entitle bidder to revise/modify the bid document.

13 Amendment of BID / RFP Document

13.1 Union Bank reserves the sole right for carrying out amendments / modifications / changes in the bidding process including any addendum to this entire bid. The bidders shall not claim as a right, requiring Union Bank to do the aforesaid.

13.2 At any time before the deadline for submission of bids / offers, Union Bank may, for any reason, whether at its own initiative or in response to a clarification

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requested by prospective bidders, modify this RFP / Bid Document and all such modifications shall be binding on the bidders.

13.3 All prospective bidders to this RFP are required to check for addendums /

amendments / notices to this RFP on the website till the last date of availability, prior to submission of bids and all such addendums / amendments / notices shall be binding on them.

13.4 If required, Union Bank at its sole discretion may extend the deadline for

submission of bids in order to allow prospective bidders reasonable time in which they need to take the amendment into account in preparing their bids. Union Bank reserves the rights to extend the deadline for the submission of bids. However, no request from the bidder, shall be binding on Union Bank for the same. Union Bank‟s decision in this regard shall be final, conclusive and binding on all the Bidders.

14 Pre-bid Meeting

14.1 For the purpose of clarifications of doubts of bidders on issues related to the RFP, Bank intends to hold a pre bid meeting on the date & time as indicated in the RFP. It may be noted that no query of any bidder shall be entertained / received after the mentioned date. Queries raised by the prospective bidders and the Bank‟s response will be available at Bank‟s web site. Only authorized representative of bidder (maximum two) will be allowed to attend the Pre-bid meeting. An authorization letter signed by authorized signatory on letter head of company should be submitted to Bank.

14.2 Non-attendance at the Pre-bid Meeting will not be a cause for disqualification of

a bidder.

14.3 Any modification of the RFP, which may become necessary as a result of the Pre- bid Meeting, shall be made by the Bank exclusively through the issue of an Addendum/Corrigendum on Bank‟s website www.unionbankofindia.co.in, at government tender portal www.tenders.gov.in and e-Procurement site https://ubi.abcprocure.com

15 No Commitment to Accept Lowest or Any Tender

15.1 The Bank shall be under no obligation to accept the lowest or any other offer received in response to this tender notice.

15.2 The Bank further reserves the right to reject any or all offers based on its own

evaluation of the offers received, or on the basis of stability, capabilities, track records, reputation among users and other similar credentials of a vendor. When the Bank makes any such rejection, the Bank will not be bound to give any reason and/or justification in this regard to the vendor.

16 RFP Document

16.1 The RFP document can be downloaded from the Bank's website

www.unionbankofindia.co.in or from govt. tender portal www.eprocure.gov.in.

16.2 All costs and expenses (whether in terms of time or material or money) incurred by the Recipient/ Bidder in any way associated with the development,

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preparation and submission of responses, including but not limited to attendance at meetings, discussions, demonstrations, etc. and providing any additional information required by the Bank, will be borne entirely and exclusively by bidder.

16.3 Queries/clarifications will not be entertained over the phone. All queries and

clarifications must be sought in writing or sent to

[email protected],[email protected]

[email protected] subject “RFP for Procurement of SDN ready Data Centre Fabric Solution.” as per the date given in the schedule of events of this RFP document.

16.4 The Bidder is requested to collate and submit queries together to seek

clarifications / responses from Bank. The Bidder should ensure that all the queries and clarifications are communicated in writing on or before the date given in the schedule of events of this RFP document. Bidders are requested to visit our Banks website/e-Procurement site for clarifications and other communications.

17 Bid Earnest Money Deposit (EMD)

17.1 The Vendor shall furnish, as a part of the Tender Document, a bid security for an amount of Rs.15 lacs (Rupees Fifteen lacs only) in the form of a demand draft / Pay order or Bank Guarantee (valid for Six months) with claim period of minimum 60 days obtained from a scheduled commercial bank other than Union Bank of India drawn in favor of Union Bank of India payable at Mumbai.

17.2 EMD should be deposited with Mr. Vikram Gaikwad (022-25710507) or Mr. Sanjiiev Kumar (022 – 25710528) of Procurement Department, DIT at the address mentioned in place of opening of bids.

17.3 The bid security should form part of the Tender Documents (Technical Offer)

submitted by the Vendor. Failure to comply with this condition viz., Bid Security of Rs.15 lacs shall result in summary rejection of the tender offer and no Vendor shall be exempted from the requirement of the bid security. SUBMISSION OF THE bid security IN THE Indicative Commercial offer SHALL RENDER THE BID BEING REJECTED ON THE GROUNDS OF NON-SUBMISSION OF THE BID SECURITY.

17.4 Bank will follow the guidelines issued by Govt. of India for MSME units registered

with NSIC under single point registration scheme. In case of bidders registered with The National Small Industries Corporation Limited (NSIC), they are eligible for waiver of EMD cost. However, bidder has to submit the copy of valid NSIC Certificate clearly mentioning that they are registered with NSIC under single point registration scheme.

17.5 The bid security of unsuccessful Vendors shall be returned without any interest,

only after the successful completion of the tender process.

17.6 The bid security of successful Bidder will be refunded after submission of performance bank guarantee (PBG) equivalent amount to 10% of TCO for contract period of 5 years within 30 days post issuance date of purchase order.

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17.7 The bid security shall be forfeited:

17.7.1 If a Vendor withdraws his offer during the period of validity of bid. 17.7.2 If the successful Vendor fails to execute the Project within the stipulated

time schedule or if the order is cancelled in terms of Order cancellation clauses as mentioned elsewhere in this document.

17.7.3 If a Bidder makes any statement or encloses any form which turns out to be

false / incorrect at any time prior to signing of Contract.

17.7.4 In case of any technical issues during reverse auction, if Bank decides to re-conduct reverse auction and any of the shortlisted bidder does not participate in the re-reverse auction at least by way of log in.

17.7.5 No interest will be paid on the bid security amount.

17.7.6 In case of a successful Bidder, if the bidder fails: a. To execute Contract within the stipulated time: or b. To furnish Performance Bank Guarantee as mentioned in Performance Bank Guarantee herein as per Annexure J

17.8 The Bank‟s decision in all the above cases will be final.

The successful bidders Bid security will be discharged upon the bidder signing the Contract and furnishing the performance bank guarantee as per the format mentioned in Annexure J, Performance Bank Guarantee.

18 Submission of Bids

18.1 The bidders have to submit bid through online submission along with scanned

copy of Integrity Pact & Bid security. All documents as per requirement of RFP must be uploaded on the site https://ubi.abcprocure.com. Original integrity pact (IP) and DD/BG for EMD to be submitted physically also in sealed cover at the following address on or before scheduled date and time.

To The General Manager, Union Bank of India, Department of Information Technology, Technology Centre, Adi Shankaracharya Marg, Opposite Powai Lake, Powai, Mumbai – 400072.

18.2 Bank may, at its discretion, extend this deadline for submission of bids by releasing corrigendum to this tender document.

19 Rejection of Bid

The Bid is liable to be rejected if:

19.1 The document does not bear signature of authorized person in each page and it is

not duly stamped.

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19.2 It is received through any other mode except online submission.

19.3 It is received after expiry of the due date and time stipulated for Bid submission. 19.4 Incomplete Bids, including non-submission or non-furnishing of requisite

documents / Conditional Bids / Bids not conforming to the terms and conditions stipulated in this Request for proposal (RFP) are liable for rejection by the Bank.

19.5 It is evasive or contains incorrect information.

19.6 Any form of canvassing / lobbying /influence/ query regarding short listing, status

etc. will be a disqualification.

19.7 Bidder should comply with all the points mentioned in the scope of work. Noncompliance of any point will lead to rejection of the bid.

19.8 Non submission of bid security/EMD.

19.9 Non Submission of Integrity Pact as per Annexure K signed by authorized signatory.

20 RFP Response

20.1 All submissions will become the property of Bank. Recipients shall be deemed to

license, and grant all rights to, Bank to reproduce the whole or any portion of their submission for the purpose of evaluation, to disclose the contents of the submission to other Recipients who have registered a submission and to disclose and/or use the contents of the submission as the basis for any resulting RFP process, notwithstanding any copyright or other intellectual property right that may subsist in the submission or Banking documents.

20.2 Bid properly documented should be submitted by uploading at https://ubi.abcprocure.com on or before stipulated date & time mentioned in the RFP.

21 Price composition & TCO

The price quoted should be in Indian Rupees on a fixed price basis and should include the following.

21.1 The charge to be quoted should be inclusive of duties and levies. The charge

should also include location network setup, which includes all the cost of hardware, software, installation, maintenance, transportation, forwarding,

insurance, road permit, AMC charges etc. No additional cost will be paid to bidder except applicable taxes which will be paid at actual.

21.2 The prices should be exclusive of GST (SGST/CGST/IGST) which will be payable at actual applicable at the time of invoicing.

21.3 Bidder has to show GST (SGST/CGST/IGST), if applicable separately in the

invoice.

21.4 The prices quoted should include charges towards freight, forwarding, delivery, and installation, insurance charges, configuration/reconfiguration, shifting/relocation and commissioning of equipment.

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21.5 Unit prices should be given for every item offered. The start bid for reverse auction will represent the Total Cost of Ownership for all the items as mentioned in Annexure E (Annexure E1to E3).

21.6 The bidder should clearly furnish the estimated cost matrix strictly as per structure provided in the Annexure E only. Any deviation will lead to bid rejection. Also no options should be quoted other than as per the Bill of material. Wherever options are given, the bid may be rejected.

21.7 The cost of AMC for 2 years post warranty period of 3 years and on-site support including placement of support personnel as defined in the RFP for 5 years.

22 No Price Variation

22.1 The commercial offer shall be on a fixed price basis for 5 years. No price variation should be asked for relating to increases/decrease in foreign currency price variation etc. during contract period.

22.2 During contract period, the increase or decrease in GST and any new tax levied by Government for the services subscribed by the Bank under this tender will be to the Bank‟s account.

23 Opening of Offers

23.1 Technical Offers will be opened on the scheduled date and time.

24 Right to Alter Quantities & repeat orders

24.1 The Bank reserves the right to alter quantities as also to delete/add some items specified in this offer. The Bank may, at its discretion, place repeat orders based on the requirement of the Bank within 12 months from the date of Purchase Order to an extent of 25% of the order value. All such repeat orders will be based on the prices and terms & conditions as agreed upon for the main contract.

24.2 In case of any downward revision of prices, taxes, levies etc., the vendor should

pass on such benefit to the Bank.

25 Designing and implementation Plan

25.1 Bank expects bidder to submit a detailed plan for implementation of the project

which should include the full scope of the project as mentioned above. On acceptance of such plan by the Bank, bidder is required to carry out the implementation of the project.

26 Award of Contract

26.1 On completion of evaluation of commercial bids through reverse auction as per

Annexure E, Bank will determine the L1 bidder and contract will be awarded to lowest bidder.

26.2 The selected Bidder should sign the Contract/Agreement with the Bank within one month from the issuance of purchase order and payment will be released only after submission of PBG and signing of contract/agreement.

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27 Warranty, Annual Maintenance Contract (AMC) and Support

27.1 All the switches should be supplied with 3 years warranty and 2 Years AMC post completion of 3 years warranty.

27.2 Bidder shall provide AMC for all the hardware equipment's supplied for at least 2 years after the expiry of warranty period of 3 years. The AMC amount in Bill of material (BOM) has been taken for two years on all hardware items to arrive at TCO. The AMC charges for one year should be between 8% and 12% of the cost of hardware equipments. Bidder has to maintain equipments at the same AMC cost during the AMC period of two years post warranty period of three years. Bank may extend the comprehensive AMC for further 2 more years after 5 years contract at same cost & terms and conditions based on the requirement.

27.3 Bidder need to enter back-to-back support with OEM for providing the hardware and software support under both warranty and AMC period. Bidder will upgrade the software during the contract term without any additional cost to Bank. In case the successful bidder is not ready to provide support during the warranty/AMC period, support will be provided by OEM directly or through their authorized partners for the remaining period of warranty/AMC without any additional cost to the Bank.

27.4 Bidder should replace failed hardware within 4 hours from reporting. However,

Bank will impose penalty as per SLA/terms of RFP.

27.5 Bidder shall provide the manufacturer‟s warranty in respect of proper design, quality and workmanship of all equipment, accessories etc. covered by the offer. Bidder must warrant all equipment, accessories, spare parts etc., against any manufacturing defects during the warranty period. During the warranty period bidder shall maintain the equipment and repair/replace all the defective components at the installed site, at no additional charge to the Bank.

27.6 Also, the warranty of the new hardware items procured should not become void

if the Bank further buys any other supplemental hardware from a third party and installs it with these hardware items in the presence of the representative of bidder. However, the warranty will not apply to such third-party hardware items got installed by the Bank.

27.7 On-site support from bidder for day to day operational/technical issues as and

when arises.

28 Insurance

28.1 The insurance to be taken by Bidder shall be for an amount equal to 110% of the

CIF value of the goods delivered at the site covering all risks (including terrorist attack, fire, burglary, strike, riot and civil commotion, natural calamities such as earth quake, flood etc.) till the completion of installation of equipment and copy of insurance policy should be submitted at the time of delivery of equipments.

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29 Service Level Agreement (SLA)

29.1 The switches should run on 24 X 7 X 365 basis. Bidder should maintain the 100%

uptime of the DC fabric with 99.9% uptime of the individual switches on yearly basis. In case of default, the penalty will be as mentioned in the table below:

S No.

Service Description

Measurement Parameter

Target uptime

(%)

Penalty Charges

1 Data center fabric uptime (Calculated for each quarter)

DC fabric uptime = {1-[(DC downtime in mins. in a quarter) / (Total time in mins in a quarter)]}*100

100% Nil

<=99.999% For every 0.001% degradation in uptime there will be a penalty of 2% of the agreed quarterly payment

2 Uptime calculated for each Spine & Leaf Switch(Calculated for each quarter)

Uptime of each Switch = {1-[(Switch downtime in mins. in a quarter) / (Total time in mins in a quarter)]}*100

>=99.9%

<99.9% For every 0.1% degradation in uptime there will be a penalty of 2% of the agreed quarterly payment

29.2 The quarterly payment charges include the AMC & FM services cost. SLA penalty for the 3 years warranty period will also be charged based on AMC & FM services cost.

29.3 In case of absence of the FM/alternate engineer, there will be an additional penalty of Rs.5,000/- per day besides deducting prorate charges from agreed FM changes.

29.4 Bank can impose SLA penalty maximum up to 10% of the contract value.

30 Terms of execution of work

30.1 Bidder should deliver, install and commission all the equipment and operationalize the solutions within 6 weeks from the date of issuance of Purchase Order.

30.2 As bank operation is fully depending on the DC Fabric, bidder should complete the migration and integration with no or minimum down time.

31 Delay in Bidder’s performance in successful implementation of the project

31.1 Delivery of the solution and performance of the services should be made by bidder in accordance with the time schedule, technical specification, scope of the project and other terms & conditions as specified in the RFP/SLA/Contract. Any delay in performing the obligation /defect in performance by bidder may result in imposition of liquidated damages, invocation of Performance Bank Guarantee and/or termination of contract.

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32 Order Termination

Union Bank may, without prejudice to any other remedy for breach of contract, by written notice of default sent to bidder, terminate the contract in whole or part: if bidder fails to deliver any or all of the systems within the period(s) specified in the Contract, or within any extension thereof granted by the Bank pursuant to conditions of contract or if bidder fails to perform any other obligation(s) under the Contract. In the event Bank terminates the Contract in whole or in part, Bank may procure, upon such terms and in such manner, as it deems appropriate, systems or services similar to those undelivered and bidder shall be liable to Bank for any excess costs for such similar systems or services. However, bidder shouldcontinue the performance of the contract to the extent not terminated.

32.1 The Bank reserves its right to cancel the order in the event of one or more of the

following conditions:

32.1.1 The Purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Supplier, may terminate this Contract in whole or in part.

32.1.2 If the bidder fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the bank.

32.1.3 The Bank reserves its right to cancel the order in the event of delay in

delivery, installation and implementation of switches or within any extension thereof granted by the bank.

32.1.4 If the bidder fails to perform any other obligation(s) under the Contract.

32.1.5 In the event the Purchaser terminates the Contract in whole or in part, the

Purchaser may procure, upon such terms and in such manner, as it deems appropriate, Goods or Services similar to those undelivered and the Supplier shall be liable to the Purchaser for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

32.1.6 In the event of termination, Bank may pay the Service Provider (Bidder) for all

services rendered and deliverables supplied till the effective date of termination subject to liquidated damages, penalties and excess cost etc.

32.1.7 The performance of bidder will be continuously reviewed by the Bank to

maintain the terms & conditions as specified in this document. Based on the review, if the selected bidder fails to satisfy / maintain their commitment with respect to services viz. Uptime, Performance, Timely implementation of the project, SLA etc. the bank will give a cure period of 3 months to bidder to improve their services. If bidder fails to improve their services after the escalations and cure period then contract may be terminated by giving 3 months‟ notice period. Bank‟s decision in this regard will be final.

32.1.8 In case of termination of this contract, the Bank shall have the right to avail

services of any other bidder/ agency to continue the project without any let or hindrance from bidder and bidder has to provide necessary help for smooth switch over.

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32.1.9 In addition to the cancellation of purchase order/contract, Bank reserves the right to appropriate the bid security/performance Bank guarantee given by bidder.

32.1.10 The selected bidder commits a breach of any of the terms and conditions of

the bid. 32.1.11 The Successful bidder goes into liquidation voluntarily or otherwise.

32.1.12 An attachment is levied or continues to be levied for a period of 7 days

upon effects of the Agreement.

32.1.13 The progress regarding the execution of the order accepted by the selected bidder is found to be unsatisfactory or delay in execution of the contract, the Bank reserves the right to get the balance contract executed by the another party of its choice by giving one month‟s notice for the same . In this event, the selected bidder is bound to make good the additional expenditure, which Bank may have to incur in executing the balance contract. This clause is applicable, if for any reason, the contract is cancelled.

32.1.14 If deductions on account of liquidated damages exceeds more than 10%.

32.1.15 Non-satisfactory performance of the selected bidder during implementation

and operation.

32.1.16 An act of omission by bidder, its employees, its agents, or employees of the consortium in the performance of the services provided by this contract.

32.1.17 Failure to integrate/implement the Project as per the requirements of the

Bank as stated in this RFP.

32.1.18 Material discrepancies in the Deliverables and Services noted in the implementation of the Project. Bank reserves the right to procure the same or similar product from the alternate sources at the risk, cost and responsibility of the selected bidder.

32.1.19 The average uptime of the DC Fabric solution in 6 (Six) consecutive months

falls less than 99.99%.

32.1.20 Selected bidder is found to be indulging in frauds.

32.1.21 The Bank suffers a reputation loss on account of any activity of Successful bidder.

32.1.22 In the event of sub contract, if any or assignment contrary to the terms of

agreement.

33 Liquidated Damages

33.1 In the event of failure of the vendor to provide the deliverables as per the

agreed terms of the contract, the Bank shall have the right to levy liquidated damages on the vendor as under:

33.1.1 For any delay beyond 6 weeks from the date of issuance of purchase order in installation and completion of DC fabric, Bank will charge penalty at 0.5% of

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the order value per week or part thereof, subject to a maximum of 10% of contract value. Such liquidated damages by way of price reduction shall be recoverable by the Bank by reducing the amount payable to the vendor. The Bank may at its discretion also waive or reduce the LD if the reasons for delay are considered to be genuine. Once the maximum is reached, Bank may consider termination of Contract pursuant to the conditions of contract.

33.1.2 Part of week will be considered as full week.

33.1.3 The liquidated damages are exclusive of other penalty clauses and without prejudice to other remedies available to the bank in terms of the Contract.

33.1.4 Bank will deduct the amount of liquidated damages from the payment due of

the same project from the Successful bidder. Bank may also withhold the amount to be recovered from the payment due from other projects held by the same bidder.

33.1.5 Any such recovery or liquidated damages shall not in any way relieve the

Successful bidder from any of its obligations to complete the works / service(s) or from any other obligations and liabilities under the Contract/Agreement/Purchase Order.

33.1.6 If the site is not ready for installation of equipments due to reasons not

attributed to bidder, no penalty will be levied by the Bank.

34 Network audit 34.1 The bidder will be responsible for configuration of the network devices as per

the Bank‟s IT security policy. Bank can conduct the audit of the network as per RBI guidelines, if any or as per Bank‟s requirement through a third party or by Bank‟s Internal audit team/RBI. Vendor will be responsible for complying with all the audit observations.

35 Quality Requirement for equipment

35.1 All products proposed to be supplied should be associated with specific model numbers and names and with printed literature describing configuration and functionality. The equipment proposed will have to be supplied with all the required software, if any. The vendor should review the performance of the products deployed from time to time and make necessary upgradation, as and when required without any cost to the Bank.

35.2 All the equipments supplied under this contract should be brand new including all components.

36 Proposal Process Management

36.1 Union Bank reserves the right to accept or reject any or all proposals, to cancel

the process in part or whole. All claims for functional/technical delivery made by the bidders in their responses to the RFP shall be assumed as deliverable within the quoted financials.

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36.2 Bidders shall be entirely responsible for their own costs and expenses that are incurred while participating in the RFP and contract negotiation processes.

37 Vendor Indication of Authorization to Bid

37.1 Responses submitted by vendors to this RFP represent a firm offer to contract on

the terms and conditions described in the vendor‟s response. Each page of the proposal must be duly signed by an official authorized to bid to the terms and conditions of the proposal.

37.2 Vendors must clearly identify the full title and authorization of the designated official and provide a statement of bid commitment with the accompanying signature of the official and stamp of the company.

38 Proposal Ownership

38.1 The proposal and all supporting documentation submitted by the vendors shall

become the property of Union Bank unless the bank agrees to the vendor‟s specific requests, in writing, that the proposal and documentation be returned or destroyed.

38.2 Bank will sign the POD of delivered material without any observations. Bidder has to get the assets verified and check if anything is damaged in transit. Thereafter it will be responsibility of Bank to keep it in safe custody/store room. Same to handover to engineer while carrying for installation & commissioning. In case if the hardware gets damaged in transit, bidder has to replace the same without any cost to the Bank.

38.3 The Bank shall deduct applicable taxes under the provisions of the Income Tax

Act, 1961 (“the Act”) in respect of the payments due to Bidder and remit such Taxes Deducted at Source (“TDS”) to the credit of the Government Account, file quarterly TDS returns under the provisions of the Act or such other law in force, furnish TDS certificates and comply with any other requirement connected thereto as required under the provisions of the Act. Further, the Bank shall ensure that the Permanent Account Number (“PAN”) of Bidder is quoted rightly in such quarterly TDS returns or any other document where the PAN of bidder is required to be mentioned.

38.4 Bidder need to provide the information like GST

(SGST/CGST/IGST)/PAN/TAN/bank details/etc. required for releasing payment on their letter head along with invoices. In case bidder provides incorrect information, bank will not be responsible.

39 Responsibility for Completeness

Any supplies and services, which might not have been specifically mentioned in this tender but, are necessary for the installation, Configuration, testing, commissioning, performance or completeness of the order, shall be provided / made available as per the time schedule for smooth and efficient operation and maintenance of the system under Indian conditions. The bidder shall be responsible for any discrepancies, errors and omissions in the technical details submitted by him/them, irrespective of whether these have been approved , reviewed or otherwise , accepted by the Bank or not. The Bidder shall take

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all corrective measures arising out of discrepancies, errors and omissions in drawing and other information as mentioned above within the time schedule and without extra cost to the Bank.

40 Intellectual Property Rights

40.1 The Bidder claims and represents that it has obtained appropriate rights to

provide the Deliverables and Services upon the terms and conditions contained in this RFP.

40.2 The Bidder shall be responsible at its own cost for obtaining all necessary

authorizations and consents from third party licensors of Software used by Bidder in performing its obligations under this Project.

40.3 If a third party's claim endangers or disrupts the Bank‟s use of the Deliverables, the Bidder shall at no further expense, charge, fee or cost to the Bank, (i) obtain a license so that the Bank may continue use of the Deliverables in accordance with the terms of this RFP.

40.4 Bidder shall indemnify and keep fully and effectively indemnified the Bank from all legal actions, claims, or damages from third parties arising out of use of software, designs or processes used by Bidder or in respect of any other services rendered under this RFP.

41 Non-Transferable Offer

This Request for Proposal (RFP) is not transferable. Only the bidder who has submitted the bid will be eligible for participation in the evaluation process.

42 Payment Terms

42.1 Bank will make the payment subject to signing of the contract and NDA as follows:

Sr. No. Phase Percentage (%) of Payment Released

1 Delivery of Network Equipments 50% 2 Installation and commissioning of equipments 35% 3 Final project acceptance & submission of

performance bank guarantee, 15%

42.2 Payment will be paid after delivery of equipment ordered for a site, on per site

basis. The payment will be made only against invoices and proof of delivery challans duly acknowledged by bank officials.

42.3 The payments for facility management will be released quarterly in arrears. Payments for FM services will start after successful implementation of project and acceptance of the Bank.

42.4 The AMC charges shall be paid by the Bank, after completion of 3 years warranty period. The payment will be released quarterly in arrears.

43 Taxes & Duties

43.1 Bidder will be entirely responsible for all applicable taxes, duties, levies,

charges, license fees, road permits etc., in connection with delivery of Hardware and Software at site including incidental services, transportation,

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installation and commissioning. Payment of GST and other applicable taxes if any, will be made at actual, on production of suitable evidence of payment by bidder.

43.2 Bidder shall be liable to pay all applicable corporate taxes and income tax that shall be levied according to the laws and regulations applicable from time to time in India.

43.3 Wherever the laws and regulations require deduction of such taxes at the source of payment, Purchaser shall effect such deductions from the payment due to bidder. The remittance of amounts so deducted and issuance of certificate for such deductions shall be made by Purchaser as per the laws and regulations in force. Nothing in the Contract shall relieve bidder from his responsibility to pay any tax that may be levied in India on income and profits made by bidder in respect of this Contract.

43.4 Bidder‟s staff, personnel and labor will be liable to pay personal income taxes in

India in respect of such of their salaries and wages as are chargeable under the laws and regulations for the time being in force, and bidder shall perform such duties in regard to such deductions thereof as may be imposed on him by such laws and regulations.

44 Acceptance

44.1 The acceptance / performance test will be performed after completion of

installation of all the equipments at the respective locations. Complete hardware and Software as specified in the tender must have been supplied, installed and integrated with the existing systems of the Bank properly by the Bidder prior to acceptance of the same. The acceptance test will be conducted by the Bank, their NSI or other such person nominated by the Bank at its option. The Bidder will be responsible for setting up and running the acceptance test without any extra cost to the Bank.

44.2 In the event of hardware and software failing to pass the acceptance test, a period not exceeding two weeks will be given to rectify the defects and clear the acceptance test, failing which the Bank reserves the right to get the corresponding component replaced by the Bidder at no extra cost to the Bank or to cancel the order and recall all the payments made by the bank to the bidder.

44.3 Successful conduct and conclusion of the acceptance tests for the installed components shall also be the sole responsibility and at the cost of the Bidder. During acceptance testing the bidder has to demonstrate all the features of the respective hardware items.

44.4 The Bank ‟s right to inspect, test and, where necessary, reject the Goods after

the Goods‟ arrival at destination shall in no way be limited or waived by reason of the Goods having previously been inspected, tested and passed by the Bank or its representative prior to the shipment of the goods.

44.5 Acceptance test criteria for all the Network Switches submitted as part of this

tender are given below:

S.N Nature of activity Remarks

1 Physical Delivery of the hardware items as per the

The bidder has to deliver all the items mentioned in the PO at respective Banks

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PO. locations along with all the accessories, CDs/DVDs, manuals etc.

2 Installation and Configuration

The bidder shall rack mount, install and configure the switches as per scope of work and integrate the same with existing LAN/WAN.

3 Installation Certificate. As a confirmation to the above activities mentioned at Sr. 1 & 2, bidder shall obtain Installation certificate duly signed by Bank officials of respective locations after 1 week of successful operation of the equipment, and submit the same at the time of claiming 35% payment

44.6 Acceptance Date

44.6.1 Bidder shall submit all the duly signed Installation certificates of all locations

to Bank‟s Mumbai office. Post which, Bank shall arrive at a common acceptance date(s) for the entire lot of equipment. Accordingly, the warranty period of 3 years starting from the date of acceptance, shall be determined and conveyed to the vendor in writing.

45 Exit Option

The Bank reserves the right to cancel the contract in the event of happening one or more of the following Conditions:

45.1 Failure of the successful bidder to accept the contract and furnish the Performance Guarantee within 30 days of receipt of purchase order;

45.2 Delay in delivery beyond the specified period.

45.3 Delay in completing implementation/customization and acceptance tests/ checks beyond the specified periods;

45.4 Serious discrepancy in functionality of any facility to be provided or the

performance levels, which have an impact on the functioning of the solution.

In addition to the cancellation of purchase contract, Bank reserves the right to appropriate the damages through invoking Performance Guarantee given by bidder. Bank reserves right to exit at any time after giving notice period of one month during the contract period. Any type of formation of consortium, sub-contracting and joint assignments will not be allowed/considered. Such proposals will be disqualified.

46 Rules for Re-Auction

Bank may consider the option of a Re-Auction in following circumstances:

46.1 During the process of reverse auctions, if there is either no bids from logged in vendors or only one vendor puts up bid/s, Bank may decide a re-auction by taking

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fresh Indicative prices from all qualified vendors in sealed cover only, to amend the start price for Re-auction.

46.2 In case the start price for the Reverse Auction event is decided by Bank and there are no bids or only one bid/s by a single vendor in the Reverse Auction, Bank may decide Re-Auction while further amending the start price.

46.3 Reverse auction will be valid only if two or more bidders are participating in the

reverse auction event.

46.4 In all the above circumstances, the functional head of the department may take a decision on re-reverse auction.

47 Guarantee

47.1 Bidder should guarantee that all the hardware and software supplied under this

contract to the Bank is licensed and legally obtained. The hardware and other equipments so supplied should be original, brand new and must be supplied with original and complete documentation, printed in English language only.

48 Governing language

48.1 The contract and all correspondence/ communications and other documents pertaining to the Contract, shall be written in English.

49 Governing Law and Disputes 49.1 The Bid and the subsequent Contract with the selected Bidder shall be governed in

accordance with the Laws of India and will be subject to the exclusive jurisdiction of Courts in Mumbai.

50 Minimum Wages

The bidder hereby agrees and undertakes that during the subsistence of this agreement it will not employ any personnel/individual below the Minimum Wages fixed by appropriate Government on this behalf from time to time, as per the provisions of Minimum Wages Act 1948. The deputed personnel will be employed by the selected bidder on their payrolls/contracts without having any employment right with the Bank. Moreover deployed personnel will not have any right whatsoever to lodge claim of any nature directly or indirectly with the Bank and it would be responsibility of selected bidder to address such issues without involving the Bank.

51 Force Majeure

51.1 Notwithstanding the provisions of the RFP, the successful Bidder or Bank shall not be liable for penalty or termination for default if and to the extent that it‟s delay in performance or other failure to perform its obligations under the contract is the result of as event of Force Majeure. For purposes of this clause, “Force Majeure” means an event beyond the control of the Bidder and not involving Bank or Bidder‟s fault or negligence and not foreseeable. Such events may include, but not restricted to wars, revolutions, epidemics, natural disasters etc.

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51.2 If force majeure situation arises, the Bidder shall promptly notify Bank in writing of such condition and cause thereof. Unless otherwise directed by Bank in writing, the Bidder shall continue to perform its obligations under contract as far as possible.

52 Limitation on promotion

52.1 The vendor shall agree to make no reference to the Bank for the procurement of

products and services hereunder or the agreement in any literature, promotional material, brochures, sales presentation or the like without prior written consent of the Bank.

53 Indemnity

Bidder on submission of proposal indemnifies to 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, or employees of

the consortium in the performance of the services provided by this contract,

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 fulfill the

scope of this project. Bidder shall further indemnify the Bank against any

loss or damage to the Bank's premises or property, Bank's data, direct

financial loss, 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,

The Bank notifies the bidder in writing in a reasonable time frame on being

aware of such claim,

The Bidder has sole control of defense and all related settlement

negotiations,

The Bank provides the Bidder with the assistance, information and authority

as it deems fit to perform the above.

It is clarified that the bidder shall in no event enter into a settlement, compromise or makes any statement (including failure to take appropriate steps) that may be detrimental to the Bank's (and/or its customers, users and service providers) 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.

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Bidder should take full responsibility for its and its employee's actions. Further, since the Bank's data could be integrated / used under Bidder provided software, the Bidder should be responsible for loss/compromise or damage to Bank's data and for causing reputation risk to bank.

The bidders should indemnify the Bank (including its employees, directors or representatives) from and against claims, losses, liabilities, penalties, fines and suits arising from:

Non-compliance of the bidder with Laws/Governmental/regulatory

Requirements

IP infringement under any laws including Copyrights Act 1957 & IT Act

2000 and such other statutory acts and amendments thereto.

Negligence and misconduct of the Bidder, its employees, and agents.

Breach of any terms of RFP, Representation or Warranty.

Act or omission in performance of service.

Loss of data due to any of the reasons mentioned above.

Non-compliance of any statutory regulations in respect of the services.

In the event that the Bank is called as a defendant for IPR infringement of patent, trademark or industrial design rights arising from use of any of the components of the supplied solution, the Bidder on its own expense will undertake to defend the Bank. It will be the Bidder's responsibility to rapidly do away with such third-party claims. The Bidder will also pay any compensation arising from the infringement claims and the Bank will in no manner be responsible for such payments. In addition, the Bidder will bear all the related expenses and legal fees.

On its part, the Bank will immediately relay to the Bidder any such claims and offer assistance within reasonable limits to rid the claim. The Bidder must undertake to indemnify that all the components delivered are free of defects, are brand new and original. If at some stage it is discovered that the components do not meet these criteria, the Bank has the right to cancel the order and the Bidder will have to refund the total amount received from the Bank along with the interest and separate penalties. Similar conditions apply to software; as well the system software must be licensed and original.

53.1 The Bidder shall, at its own expense, defend and indemnify the Bank against all third party claims for infringement of patent, trademark, design or copyright arising from use of proposed product/products or any part thereof.

53.2 Bidder will provide infringement remedies and indemnities for third party Products, on a pass through basis. If the Bank is required to pay compensation to a third party resulting from such infringement, the bidder shall be fully responsible to pay such compensation along with all costs, damages and attorney's fees and other expenses that a court may finally award, in the event of the matter being adjudicated by a court or that be included in a bidder approved settlement. The Bank will issue notice to the bidder of any such claim without delay and provide reasonable assistance to the bidder in disposal of such claim, and shall at no time admit to any liability for, or express any intent,

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to settle the claim. The bidder shall also reimburse all incidental costs, which the Bank may incur in this regard.

53.3 If such a claim is made or appears likely to be made, the Bank agrees to permit bidder to enable the Bank to continue to use the Product, or to modify it, provided no order otherwise has been passed by a court or replace it with one that is at least functionally equivalent. If bidder determines that none of these alternatives is reasonably available, the Bank agrees to return the Product to bidder on its written request, upon which the bidder will then give the Bank a credit equal to:

53.4 For equipment, its invoice value as paid by the Bank to the bidder;

53.5 For Materials, the amount the Bank paid bidder for the creation of the Materials.

53.6 This Section stipulates Bidder‟s entire obligation to the Bank regarding any claim

of infringement. Bidder has no obligation regarding any such claim based on:

53.6.1 Anything the Bank provides which is incorporated into a Product or bidder‟s compliance with any designs, specifications, or instructions provided by the Bank or by a third party on the Bank‟s behalf;

53.6.2 Bank‟s modification of a Product‟s use in other than its Specified Operating Environment;

53.6.3 The combination, operation, or use of a Product with other products not provided by Bidder as a system, or the combination, operation or use of a Product with any product, data, apparatus, or business method that Bidder did not provide, or the distribution, operation or use of a Product for the benefit of a third party outside the Bank;

53.7 The Bidder shall also indemnify the Bank against all losses, damages, claims,

counter claims, suits, penalties and costs which the Bank may face on account of –

53.7.1 bodily injury (including death) and damage to real property and tangible personal property caused by bidder‟s negligence on the part of the bidder‟s employees, agents or representatives.

53.7.2 any claim or proceeding brought by a third party against the Bank as a consequence of the above.

53.7.3 any claim made upon and any action taken against the Bank by any statutory

authority or Court on account of the Bidder‟s failure to comply with any laws, orders and regulations applicable to the performance by Bidder of its obligations under this Agreement.

53.8 In the event of the Bidder not fulfilling its obligations under this Section within

the period specified in the notice issued by the Bank, Bank has the right to recover the amounts due to it under this provision from any amount payable to the Bidder under this Agreement for AMC/Facility Management/ Support Services etc.

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53.9 Bidder shall be liable for any breach or any non-performance by the Bidder of any of its undertakings, warranties, covenants, representations or obligations under this Agreement, subject to the provisions of Limitation of Liability.

54 Limitation of Liability 54.1 Vendor's aggregate liability under the contract shall be limited to a maximum of

the Contract value. This limit shall not apply to third party claims for 1) IP infringement indemnity; 2) bodily injury (including death) and damage to real property and tangible personal property caused by vendor's gross negligence. Vendor shall not in any event be liable for any indirect, consequential damage, or loss of profit, business, revenue, goodwill, anticipated saving or data, or third party claim except with respect to bodily injury (including death) and damage to real and tangible personal property for which vendor is legally liable. For the purpose of this section, Contract value at any given point of time, means the aggregate value of the purchase orders placed by Bank on the vendor that gave rise to claim, under this tender.

55 Patents Rights 55.1 The supplier shall, at their own expense, defend and indemnify the Bank against

all third party claims or infringement of intellectual Property Right, including Patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India or abroad.

55.2 The supplier shall expeditiously extinguish any such claims and shall have full rights to defend it there from. If the Bank is required to pay compensation to a third party resulting from such infringement, the supplier shall be fully responsible for, including all expenses and court and legal fees.

55.3 The Bank will give notice to the Supplier of any such claim without delay, provide

reasonable assistance to the Supplier in disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim.

55.4 The Supplier shall grant to the bank a fully paid-up, irrevocable, non-exclusive

license throughout the territory of India or abroad to access, replicate and use software (and other software items) provided by the supplier, including-all inventions, designs and marks embodied therein in perpetuity.

56 Confidentiality 56.1 This document contains information confidential and proprietary to the Bank.

Additionally, the vendors will be exposed by virtue of the contracted activities to the internal business information of the Bank. Disclosures of receipt of this RFP or any part of the aforementioned information to parties not directly involved in providing the services requested could result in the disqualification of the vendors, premature termination of the contract, and / or legal action against the vendors for breach of trust.

56.2 Selected vendor will have to sign a legal non-disclosure agreement with the Bank before starting the project.

56.3 The vendor (and his employees) shall not, unless the Bank gives permission in

writing, disclose any part or whole of this RFP document, of the proposal and/or

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contract, or any specification, plan, drawing, pattern, sample or information furnished by the Bank (including the users), in connection therewith to any person other than a person employed by the bidder in the performance of the proposal and/or contract. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. The employees or the third party engaged by the bidder will maintain strict confidentiality.

56.4 The vendor, his employees and agents shall not, without prior written consent

from the Bank, make any use of any document or information given by the Bank or its Authorized personnel, except for purposes of performing the contract award.

56.5 In case of breach the Bank shall take such legal action as it may be advised."

57 Resolution of Disputes

57.1 All disputes and differences of any kind, whatsoever, between the Supplier and

the Bank, arising out of or in relation to the construction, meaning, operation or effect of the Contract, shall be settled amicably by both Bank and the vendor. If after thirty days from the commencement of such informal negotiations, Bank and the vendor are unable to resolve amicably a contract dispute; either party may require that the dispute be referred for resolution by formal arbitration.

57.2 All questions, disputes or differences arising under and out of, or in connection with the RFP, shall be referred to a panel of three Arbitrators: one Arbitrator to be nominated by the Bank and the other to be nominated by the vendor. Two Arbitrators so appointed shall appoint the third Arbitrator. The award of the Arbitrator shall be final and binding on the parties. The arbitration and conciliation act 1996 or any statutory modification or re-enactment thereof for the time being enforced, shall apply to the arbitration proceedings and the venue and jurisdiction for arbitration shall be at Mumbai, India. In case the vendor would like to exit the project, the same shall be taken up by the Arbitration process.

58 Other terms and conditions

58.1 In case any information furnished during the bidding process is found to be

incorrect, Bank will not only be summarily rejecting the current bid but the company itself may be blacklisted from any future bidding with the Bank. The Bank may share such information with Indian Bankers‟ Association (IBA), which is the voluntary representative body of all banking institutions in the country, who, in turn, may share the information among its member institutions.

58.2 Please note that any other terms and conditions whether implicitly or explicitly stated in any of your responses will be ignored.

59 Performance Bank Guarantee

59.1 The Bank wish to award this project to the selected bidder for a period of 5 years. During the contract period, as the Bank would be running its business critical applications on the network provided by the bidder, to ensure strict compliance to the terms and conditions of this tender, it is desired that the selected bidder should provide a Performance Bank Guarantee for value of 10% of the TCO value (payable to the vendor by the Bank).The bidder should submit

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the BG valid for entire contract period with claim period of 60 days within one month from the issuance of purchase order.

60 Contact Person 60.1 In case of any query related to the RFP, please contact our official. Details are given

below:

Mr. Vivek Kumar Yadav ( Manager) Mr. R Madhan (Chief Manager)

Telephone No: 91-22-25710244 Telephone No: 91-22-25710236 Mail id: [email protected]

Mail id: [email protected]

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61 Annexure A - Technical Offer

Note: Annexure A consists of Annexure A1 to A8. All these Parts are to be duly filled up and submitted as part of - Technical Offer.

61.1 Annexure A1 - (Letter to the bank on the vendor’s letterhead)

To, The General Manager Union Bank of India, Technology Centre, Adi Shankaracharya Marg, Jogeswari Vikhroli Link Road, Mumbai – 400 072, INDIA Telephone No: 91-22-25710501 Dear Sir,

Sub: RFP for procurement of SDN Ready Data Centre Fabric With reference to the above RFP, having examined and understood the instructions, terms and conditions forming part of the RFP, we hereby enclose our offer for supply of network equipment at Bank DC/NDR/DR sites as detailed in your above referred RFP. We further confirm that the offer is in conformity with the terms and conditions as mentioned in the RFP. We also confirm that the offer shall remain valid for 6 months from the date of the offer. We hereby undertake that the hardware and software to be deployed at the Bank‟s

locations will be licensed and legally obtained and will be brand new including all components. We hereby confirm that we are agreeable to manage and maintain the equipment supplied by us for a period of 5 years (3 years warranty and 2 years AMC post warranty period). We also confirm that we will take the back-to-back support from OEM for entire contract period and bank may verify the same. We hereby agree to participate and abide by all terms and conditions of Reverse Auction. All the Annexure with other Technical documents duly filled in and signed are enclosed. We understand that the Bank is not bound to accept the offer either in part or in full and that the Bank has right to reject the offer in full or in part without assigning any reasons whatsoever. Yours faithfully, Authorized Signatories (Name & Designation, seal of the firm) Date:

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61.2 Annexure A2 – Undertaking

Letter of Undertaking on Company Letter head

To The General Manager Union Bank of India, Department of Information Technology, Adi Shankaracharya Marg, Opp. Powai Lake, Powai, Mumbai – 400072. Sir, Reg.: RFP for procurement of SDN Ready Data Centre Fabric

We herewith submit our Bid Document. We understand that

You are not bound to accept the lowest or any bid received by you, and you may reject all or any bid.

If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by the Bank to do so, a contract in the prescribed form. Unless and until a formal contract is prepared and executed, this bid together with your written acceptance thereof shall constitute as a binding contract between us.

If our bid is accepted, we are to be jointly and severally responsible for the due performance of the contract.

You may accept or entrust the entire work to one bidder or divide the work to more than one bidder without assigning any reason or giving any explanation whatsoever.

Successful bidder means the bidder who is decided and declared so after examination of commercial bids through the process of Reverse Auction.

We enclose Demand Draft/Bank Guarantee for Rs.15,00,000/- (Rupees Fifteen lac Only) favoring Union Bank of India and payable at Mumbai, towards bid security, details of the same is as under:

No. : Date : Name of Issuing Bank : Dated at ________this _______________day of _______________2018

We hereby declare that all the information & Statements made in this RFP are true and accept that any misinterpretation contained in it may lead to our disqualification. We agree to all terms & conditions of the RFP.

Dated at ____________this _______________day of _______________2018

Yours faithfully,

For: ___________________________ Signature: ___________________________ Name: ___________________________

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61.3 Annexure A3 – Compliance to Eligibility Criteria

S. No. Eligibility Criteria for Bidder Supporting Required

Complied (Yes/No)

1 The bidder has to submit Integrity Pact (IP) signed by authorized signatory as prescribed format mentioned in Annexure K on plain paper in advance(not prior to issuance of RFP) or at the time of bid submission. Bidder shall be liable for rejection in case of non-submission of the same.

Annexure K (on plain paper signed and by authorized signatory and stamped)is to be submitted.

2 The bidder should be a registered/incorporated company in India as per Companies Act 1956/2013 and must have in existence for the last 5 years.

Relevant Documents of registration is to be submitted.

3 The bidder must have minimum annual turnover of Rs.15 Crore each in last three financial years (i.e. 2015-16, 2016-17 & 2017-18) from Indian operations. This must be the individual company turnover and not that of any group of companies.

Audited financial statements for FY2015-16, FY2016-17 & FY2017-18 years are to be submitted. If Balance Sheet and Profit & Loss statements for FY2017-18 are not audited, CA certificate should be submitted.

4 The bidder should have positive operating profit (as EBITDA i.e. Earnings Before Interest, Tax, Depreciation & Amortization) in each of last three Financial Years (i.e. 2015-16, 2016-17 & 2017-18).

Copies of the audited balance sheet and Profit & Loss Statement of the company for FY2015-16, FY2016-17 & FY2017-18 years are to be submitted. If Balance Sheet and Profit & Loss statements for FY2017-18 are not audited, CA certificate should be submitted.

5 The Bidder must be in Core Business of IT Network services & solution for minimum 5 years and should have expertise in Design, Supply, Implementation and Configuration of Data Center Network Fabric Infrastructure. The Bidder must also have experience across diverse networking technologies i.e. Switching, Routing, Security Solutions and Network management services.

Relevant documents should be submitted as evidence.

6 The Bidder should be an authorized partner with the highest level of

The bidder should submit Manufacturer

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partnership with proposed OEM at least for the last 3 years. The proposed OEM should have warehouse on its own/through partner in Mumbai/Thane/Navi Mumbai.

Authorization Form as per format given in Annexure A5. Relevant Documents of proof is to be submitted.

7 The bidder must have supplied, implemented and maintaining/maintained proposed OEM‟s SDN / SDN ready DC Fabric of minimum 2 Spine switches& 10 Leaf switches (same firmware/family) in minimum 2 PSBs / PSUs / BSE / NPCI / RBI/ Central Government organizations. In case of PSB, Banks having business mix of Rs.2.00 lacs Crore or above in last five years will be considered.

Bidder needs to submit certificate from client organization or copy of purchase orders.

8 Bidder should have registered office in Mumbai for support.

Bidder need to submit the complete address with contact details.

9 The bidder should have not been blacklisted at any time by the Central / State Governments/ PSUs/PSBs/IBA/RBI/ Any other regulatory authority. In case, in the past, the name of their Company was blacklisted by any of the Govt. Authority or PSUs/PSBs IBA/RBI/Any other regulatory authority, the name of the company or organization must have been removed from the said list as on date of submission of the RFP, otherwise the bid will not be considered.

Self-Declaration on Company‟s letter Head signed by authorized signatory of the bidder as per the Annexure A4 is required to be submitted.

10 The bidder should not have defaulted in delivery and installation against previous Purchase Orders issued by Union Bank of India to that Bidder.

Undertaking in this regard on bidder‟s letterhead to be submitted.

Authorized Signatory Name: Designation: Vendor‟s Corporate Name Address Email and Phone #

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61.4 Annexure A4 - Undertaking by Bidder

Place: Date:

To: The General Manager Union Bank of India Department of Information Technology, Technology Center, Adi Shankaracharya Marg, (JVLR), Opp. Powai Lake, Andheri – East, Mumbai- 400072

Undertaking (To be submitted by all Bidders’ on their letter head) We ________________________(bidder name), hereby undertake that-

As on date of submission of tender, we are not blacklisted by the Central Government / any of the State Governments in India or any Financial Institution in India.

We also undertake that, we are not involved in any legal case that may affect the solvency / existence of our firm or in any other way that may affect capability to provide / continue the services to bank.

Yours faithfully, Authorized Signatories (Name, Designation and Seal of the Company) Date:

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61.5 Annexure A5 - Manufacturer Authorisation Format

Place: Date: To The General Manager Union Bank of India Department of Information Technology, Technology Center, Adi Shankaracharya Marg, (JVLR), Opp. Powai Lake, Andheri – East, Mumbai- 400072

Dear Sir,

We <OEM Name> having our registered office at <OEM Address> are an established and

reputed manufacturer of <hardware details> do hereby authorize M/s._________________

(Name and address of the Partner) to offer their quotation, negotiate and conclude the

contract with you against the above invitation for tender offer.

We hereby confirm that M/s._________________ is having highest level of partnership with

us since last 3 years.

We hereby extend our full guarantee and warranty as per terms and conditions of the

tender and the contract for the solution, products/equipment and services offered against

this invitation for tender offer by the above firm and will extend hardware, software

support and updates for our products for a period of 5 years from the date of issuance or

Purchase Order.

We also confirm that we will ensure all product upgrades (including software upgrades and

new product feature releases ) are provided by

M/s …………………………………………………………………...for all the products quoted for and

supplied to the bank during the three years warranty period, two years AMC period and

two years extended AMC, if contracted.

We also undertake that in case of default in execution of this RFP by the <Bidder Name>,

the <OEM Name> will take all necessary steps for successful execution of this project as

per RFP requirements.

<OEM Name> <Authorized Signatory> Name: Designation: Note:

This letter of authority should be on the letterhead of the OEM and should be signed by a person competent and having the power of attorney to bind the manufacturer. It should be included by the bidder in its bid.

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61.6 Annexure A6 - Compliance to RFP terms & conditions

Sr. No.

Clause details Vendor's Compliance

(Yes/No)

1 Integrity Pact (IP)

2 Objectives of the RFP

3 Invitation of Tender Bids

4 Broad Scope of Work

5 Eligibility Criteria

6 Service Level Agreement and Non-Disclosure Agreement

7 No Erasures or Alterations

8 Two Part Tender

9 Overview of Evaluation Process

10 Modification and/or Withdrawal of Bid

11 Bid Validity

12 Amendment of BID / RFP Document

13 Pre-bid Meeting

14 No Commitment to Accept Lowest or Any Tender

15 RFP Document

16 Bid Earnest Money Deposit (EMD)

17 Submission of Bids

18 Rejection of Bid

19 RFP Response

20 Price Composition & TCO

21 No Price Variation

22 Opening of Offers

23 Right to Alter Quantities & repeat orders

24 Designing and Implementation Plan

25 Award of Contract

26 Warranty, Annual Maintenance Contract (AMC) and Support

27 Insurance

28 Service Level Agreement (SLA)

29 Terms of execution of work

30 Delay in Bidder‟s performance in successful implementation of the project

31 Order Termination

32 Liquidated Damages

33 Network audit

34 Quality Requirement for equipment

35 Proposal Process Management

36 Vendor Indication of Authorization to Bid

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37 Proposal Ownership

38 Responsibility for Completeness

39 Intellectual Property Rights

40 Non-Transferable Offer

41 Payment Terms

42 Taxes & Duties

43 Acceptance

44 Exit Option

45 Rules for Re-Auction

46 Guarantee

47 Governing Law and Disputes

48 Force Majeure

49 Limitation on promotion

50 Indemnity

51 Limitation of Liability

52 Patents Rights

53 Confidentiality

54 Resolution of Disputes

55 Other terms and conditions

56 Performance Bank Guarantee

Authorized Signatories (Name, Designation and Seal of the Company) Date:

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61.7 Annexure A7 - Vendor profile & other information

Details filled in this form must be accompanied by sufficient documentary evidence, in order to verify the correctness of the information.

Vendor Profile

S. No.

Parameters Response Details of proof submitted

1. Name of the firm/Company

2. Year of establishment

3. Names of the Partners/Directors

Addresses

a) Head Office

b) Local Office in Mumbai with contact number

Local Office in Bengaluru with contact number

4. Contact person at Mumbai

a) Name

b) Telephone number

c) e-mail ID.

5. Financial parameters of vendor

Business Results Turn over Operating Profit

2015-2016

2016-2017

2017-2018

(Only company figures need to be mentioned. Not to include group figures)

(Mention the above amount in INR only

6. Details of Project(Implementation of Data Centre Network) implemented and managed by the vendor

Name of the organization Short Description

Project1

Project 2

Project 3

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Details filled in this form must be accompanied by sufficient documentary evidence, in order to verify the correctness of the information.

Vendor Profile

S. No.

Parameters Response Details of proof submitted

Details of network engineers employed

a) No. of Network Expert

(CCIE or equivalent certification)

b) No. of Network Professionals (CCNP or equivalent certification)

c) No. of Network Engineer (CCNA or equivalent certification)

d) Other network engineers with qualification details

Total no. of engineers

Authorized Signatories (Name, Designation and Seal of the Company) Date:

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61.8 Annexure A8 – Bid Form

Ref No………………… Place: Date: To, The General Manager Union Bank of India, Technology Center, Department of Information Technology, Adi Shankaracharya Marg, Powai, Andheri(East), Mumbai – 400072 Dear Sir, Having examined the Request for Proposal (RFP) Ref No. _________________________________________ the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply, deliver, implement, customize and commission the various requirements in conformity with the said RFP for the sum mentioned in the Price Bid or such other sums as may be ascertained in accordance with the Schedule of Prices attached and made part of this Bid. We undertake, if our Bid is accepted, to deliver the goods/ provide the services in accordance with the Delivery Schedule / implementation schedule specified. We agree to abide by this bid for a period of 180 days from the last date of submission of Bid and shall remain binding upon us and may be accepted at any time before the expiration of that period. We further confirm that, in case we offer system and/or other software manufactured by another company, such software operates effectively on the system offered by us and we are willing to accept responsibility for its successful operations. Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your Notification of Award, shall constitute a binding Contract between us. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”. Commissions or gratuities, if any paid or to be paid by us to agents relating to this Bid, and to contract execution if we are awarded the contract, are listed below:

Name & address of agent Amount & currency Purpose of commission or gratuity *(If none, state none)

We understand that you are not bound to accept the lowest or any bid you may receive. Dated this........ Day of ............... 2018 (Signature) (In the capacity of) Duly authorized to sign bid with seal for & on behalf of (Name & Address of bidder)

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62 Annexure B - Technical specification of the switches

62.1 Annexure B1 – Spine Switch Specification

S. No. Feature Description Compliance

(Y/N)

SPINE SWITCHES SPECIFICATION

1 Architecture

1.1

The Solution should support logical device separation for each individual server farm infrastructure at zone level (No Virtualization / No Virtual Chassis /Stacking), Zone details as per current setup (3 zones - Non-prod servers, Tandem and CBS). It should support minimum 16 zones.

1.2 The proposed switching system/solution should be of modular chassis or of multiple Fixed switches with redundancy / high availability for control and Data plane in each zone.

1.3 Interoperable with Cisco Nexus (9K) switches as fully functional leaf switches

2 Performance

2.1 Should be capable of supporting oversubscription ratio of 1:3 between Leaf and Spine switches.

2.2 Should support minimum 6.4 Tbps switching capacity/throughput or more.

2.3 Switch must support at least 32 or more wire-speed 40/100 GBE ports.

2.4 Switch must at least 2 BPPS or more wire-speed L2 & L3

2.5 Switch must support Non-blocking architecture

2.6 Switch must support QSFP of 40/100 GBE capacity

2.7 Should support 40/100 GBE long range and short range QSFPs.

2.8 Switch must support for different logical interface types like loopback, VLAN, SVI/RBI, Port Channel/LAG, multi chassis port channel etc.

2.9 Switch must support VLAN tagging (IEEE 802.1q)

2.10 Switch should support IEEE Link Aggregation or Ethernet Bonding

2.11 The switch should support hardware based load-balancing at wire speed using LACP and multi chassis ether-channel/LAG

2.12 Switch should have wire rate switching capacity including the services:

2.13.1 Switching

2.13.2 IP Routing (Static/Dynamic)

2.13.3 IP Forwarding

2.13.4 Policy Based Routing

2.13.5 QoS

2.13.6 ACL and Global Control Plane Policing

2.13.7 IP V6 host and IP V6 routing

2.14 Should support minimum of 64 VRFs or more

3 Port Requirements with redundancy

3.1 32 no. of 40G/100G QSFP based Fiber ports per switch

3.2 Should support at least 32 or more wire-speed 40/100 GBE ports.

4 Switch Hardware features and High availability

4.1 Switch should be rack mountable and support side rails, if required

4.2 Switch should have redundant power supply and fans for High availability.

4.3 Should support both front to back and back to front reversible air flow

4.4 Switch should support in-line hot insertion and removal of different parts like modules/ power supplies/ fan tray etc. and should not

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require switch reboot & should not disrupt the functionality of the system

4.5 Switch should support for BFD For Fast Failure Detection as per RFC (5880)

4.6 Switch should support Graceful Restart for OSPF, BGP etc.

4.7 The proposed switch should not be more than 11 Rack Units in size

4.8 The proposed switch must have Redundant Power Supply Units (PSUs), Hot-swappable, field-replaceable power supplies.

4.9 Switch should have redundant fan modules with hot swappable support.

4.10 The proposed switch must have Line-rate traffic throughput on all ports at Layer 2 with non-blocking architecture.

4.11 The proposed switch must have Line-rate traffic throughput on all ports at Layer 3 with non-blocking architecture

4.12 The Proposed switch should support FCOE(Desirable) and DCB center bridging feature.

5 Scalability

5.1 The proposed switch should support minimum 90K MAC address table entries.

5.2 The proposed switch must allow to build very large L2 domain using logical chassis or virtual logical chassis to support Multi-Path Ethernet technologies across multiple switches.

5.3 The proposed switch must support port channeling across multiple switches

6 Resilient Control Plane

6.1 Minimum Quad Core x86 CPU

6.2 Minimum 8 GB DRAM

6.3 Minimum 8GB Flash

6.4 Minimum System buffer of 32 MB

7 Operating System

7.1 Should support modern modular operating system designed for data center scalability and reliability

7.2 Should support auto process recovery from failures

7.3 Should support Health monitoring and self-healing

7.4 Should support Single Operating System binary image for all switch models

7.5 Should support Industry standard CLI

8 Layer 2 Switch features

8.1 Must support IEEE 802.1d - Spanning-Tree Protocol, IEEE 802.1w - Rapid Spanning Tree, IEEE 802.1s - Multiple Spanning Tree Protocol and IEEE 802.1q - VLAN encapsulation with 4096 VLANs

8.2 Should support up to 32 ports per Link Aggregation Group (LAG)

8.3 Should support 64 Link Aggregation Groups (LAG)

8.4 Should support Port Mirroring

8.5 Should support Jumbo Frames 9216 Bytes

8.6 Should support 64 ports active/active layer2/Layer3 multi-path redundancy

8.7 Should support active/active layer-2 topology without STP where host are dual homed to switch

8.8

The proposed switch should support VXLAN (Bridging and Routing) and NVGRE overlay encapsulation protocol (desirable) in hardware to support multiple hypervisor deployment in the Data Center. Minimum 4096 VXLAN should be supported.

8.9 The proposed switch should support GRE (Generic routing encapsulation) Tunnel (desirable)

8.10 The proposed switch should support BFD (Bidirectional Forwarding detection)

8.11 Must support IEEE 802.3ad - Link Aggregation Control Protocol

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(LACP) with up to 16 port channel, IEEE 802.1ab - Link Layer Discovery Protocol (LLDP) and IEEE 802.3x Flow Control

9 Layer 3 Switch features

9.1 The proposed switch must support Static IP routing, OSPF (RFC2328), IS-IS, BGPv4 (RFC 1771) and Policy Base Routing.

9.2

The proposed switch must support Protocol Independent Multicast Version 2 (PIMv2) sparse mode, Source Specific Multicast (SSM), Multicast Source Discovery Protocol (MSDP), and Internet Group Management Protocol Versions 2, and 3 (IGMP v2, and v3)

9.3 The proposed switch must support Interior Gateway Management Protocol (IGMP) v2/v3 snooping groups

9.4 The proposed switch should support Virtual Route Forwarding (VRF) functionality with minimum 64 VRF support

9.5 The proposed switch Must support minimum 128k IPV4 routes and 100k IPV6 routes

9.6 Switch should support First Hop Routing protocols like VRRP or equivalent

9.7 The proposed switch must have minimum 100 Ether Channel support

9.8 Switch must be able to load balance across a logical bundle using the following algorithms:

9.9.1 Source IP

9.9.2 Destination IP

9.9.3 Source and Destination IP

9.9.4 Source MAC

9.9.5 Destination MAC

9.9.6 Source and Destination MAC

9.9.7 TCP Port (destination and/or source)

9.9.8 UDP Port (destination and/or source)

9.10 Must support 128K IPv4 Unicast entries

9.11 Must support 100K or more IPv6 Unicast entries

9.12 Must support 10K IPv4 Multicast entries

9.13 Must support minimum 8K ACL

9.14 Must support 64-way ECMP routing for load balancing and redundancy

9.15 Must support OSPF v2 with MD5 auth, BGP v4 with MD5 auth, ISIS using MD5 Authentication and MP BGP

9.16 Must support PIM-SM, PIM-SSM and Multicast Source Discovery Protocol (MSDP) multicast routing, IGMP V.1, V.2 and V.3

9.17 Must support Route Maps

9.18 Must support Anycast RP

10 Security features

10.1 Switch must support Remote Authentication Dial-In User Service (RADIUS), Privilege Identity Management(PIM) and Terminal Access Controller Access Control System Plus (TACACS+)

10.2 Must support ACLs (Standard & Extended) on Ethernet and virtual Ethernet ports using Layer 2, Layer 3 and Layer 4 fields.

10.3 Must support Standard and extended Layer 2 ACLs: MAC addresses, protocol type, etc.

10.4 Must support Standard and extended Layer 3 to 4 ACLs: IPv4 and v6, Internet Control Message Protocol (ICMP), TCP, User Datagram Protocol (UDP), etc.

10.5 Must support VLAN based ACLs (VACLs) and Port-Based ACLs (PACLs)

10.6 Should Support MAC Security

11 QoS features

11.1 Switch must have Egress strict-priority queuing

11.2 Up to 8 queues per port

11.3 802.1p based classification

11.4 Switch must have ACL-based QoS classification (Layers 2, 3, and 4)

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11.5 DSCP based qualification and remarking

11.6 Rate limiting

11.7 Switch must support for different type of QoS features for ream time traffic differential treatment using

11.7.1 a. Weighted Random Early Detection

11.7.2 b. Strict Priority Queuing

11.8 The proposed switch must support minimum 32 MB packet buffer to avoid packet drops due to buffer queue entries are exhausted which results in poor and unpredictable performance

11.9 Switch should support to trust the QoS marking/priority settings of the end points as per the defined policy

12 Data Centre Advanced Feature and Network Virtualization

12.1 Should support VRF,VxLAN, routing and bridging from day 1.

12.2 Switch should support Network Virtualization using Virtual Over Lay Network using VXLAN

12.3 Switch should support VXLAN and EVPN or equivalent for supporting Spine - Leaf architecture to optimize the east - west traffic flow inside the data center

12.4 Switch should support Data Center Bridging

12.5 Switch must have support multi OEM hypervisor environment and should be able to sense movement of VM and configure network automatically, using orchestration layer from Day 1

13 Virtualization and Next Gen DC features

13.1 Virtualization switch should communicate with vSphere 4.0 and above, and vCenter to support adaptive network virtualization

13.2 VLAN auto provision - Auto create/configure VM VLAN when new VM is created in vCenter

13.3

VM Auto Discovery – Find exactly which ESX Hosts and VMs are on a given port in the network. Displays the full Physical Port to Virtual Switch to VM Binding.VM Auto Discovery – Find exactly which ESX Hosts and VMs are on a given port in the network. Displays the full Physical Port to Virtual Switch to VM Binding on the supplied management software GUI.

13.4 Should Dynamically create VLAN policy based on VM movement.

13.5 Should be able to extract vNIC information from the VM Host and must be able to display the VM to vNIC to Switch mapping in the proposed management software GUI.

14 Management features

14.1 Switch must provide management using 10/100/1000-Mbps management or console ports

14.2 Switch must have In-band switch management as well

14.3 Switch must Support RS-232 serial console port

14.4 Switch must Support USB port

14.5 Switch must support Management over IPv4, IPv6

14.6 Switch must have Configuration rollback feature

14.7 Switch must support DHCP Snooping

14.8 Switch must support Secure Shell Version 2 (SSHv2), Telnet & SNMPv1, v2, and v3

14.9 Switch should support Open Stack to support orchestration in future

14.10 Switch must support DHCP Syslog

14.11 Switch must support AAA

14.12

Switch must support sFlow / NetFlow - industry standard technology for monitoring high speed switched networks. It gives complete visibility into the use of networks enabling performance optimization, accounting/billing for usage, and defense against security threats

14.13 Switch should support for management and monitoring status using different type of Industry standard NMS using:

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14.13.1 a. SNMP V1 and V.2

14.13.2 b. SNMP V3 with encryption

14.13.3 c. Filtration of SNMP using Access list

15 Troubleshooting capabilities

15.1 Switch must support for basic administrative like Ping and Traceroute

15.2 Switch must support built in TCP Dump or Wireshark trouble shooting tool or equivalent

15.3 Switch should be integrated with Security Information and Event Management (SIEM)server. Also should support multiple centralized syslog server, for monitoring and audit trail.

15.4 Switch should support central time server synchronization using Network Time Protocol NTP V.4

15.5 Switch must have Switched Port Analyzer (SPAN) with minimum 4 active session and ERSPAN on physical, Port channel, VLAN interfaces

15.6 Switch should provide different privilege for login in to the system for monitoring and management

15.7 Protection from unnecessary or DoS traffic by using storm control functions for unicast/multicast/broadcast.

15.8 Switch should support spanning tree root guard

15.9 The Switch Should support monitor events and take corrective action like a script when the monitored events occurs.

16 Standards Compliance

16.1 Must Support IEEE 802.1D Bridging and Spanning Tree

16.2 Must Support IEEE 802.1p QOS/COS

16.3 Must Support IEEE 802.1Q VLAN Tagging

16.4 Must Support IEEE 802.1w Rapid Spanning Tree

16.5 Must Support IEEE 802.1s Multiple Spanning Tree Protocol

16.6 Must Support IEEE 802.1AB Link Layer Discovery Protocol

16.7 Must Support IEEE 802.3ad Link Aggregation with LACP

16.8 Must Support IEEE 802.3x Flow Control

16.9 Must Support IEEE 802.3ba 40/100Gigabit Ethernet

17 Monitoring and Provisioning

17.1 Must support Advance Event Management or equivalent for pro-active network monitoring

17.2 Must support Restoration of Operating System & Configuration from USB

17.3 Must support CLI scheduler, Shell script, for timed automation, and event manager for triggered automation

17.4 Must support sFlow or Netflow or equivalent

17.5 Must support centralized script/system to configure a switch without user intervention

18 Miscellaneous

18.1 Switch should support the complete STACK of IP V4 and IP V6 services

18.2 The Switch and different modules used should function in line rate and should not have any port with oversubscription ratio applied.

18.3 Switch should support Configuration roll-back and check point

18.4 Switch should support for BFD For Fast Failure Detection as per RFC (5880)

18.5 The transceivers should be from same OEM of the proposed switch

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62.2 Annexure B2 – Leaf switch (Copper) Specification

S. No. Specification Compliance (Yes/No)

1 Architecture

1.1 The Solution should support in co-ordination with spine switch. Zones and segments should be decided by spine switch and same should be reflected on Leaf switches.

1.2 1RU fixed form factor

2 Performance

2.1 Switch should support Min 1.6 Tbps switching capacity/throughput or more

2.2 Switch should support at least 1.22 Billion packets per second

2.3 Should support Non-blocking architecture and wire-speed Layer-2 and Layer-3 forwarding

2.4 Should support fixed 1/10G copper ports

2.5 The switch should support 200,000 IPv4 and IPv6 routes entries in the routing table including multicast routes

2.6 Minimum Multicast Routing table - 10000

2.7 Switch should have management interface for Out of Band Management

2.8 Switch should have hardware health monitoring capabilities and should provide different parameters through SNMP

2.9 Switch should support IEEE Link Aggregation or Ethernet Bonding functionality to group multiple ports for redundancy

2.10 Switch should support Configuration roll-back and check point

2.11 Switch should support for different logical interface types like loopback, VLAN, SVI/RBI, Port Channel/LAG, multi chassis port channel etc.

2.12 Line-rate traffic throughput (both Layer 2 and 3) on all ports

3 Port Requirements with redundancy

3.1 Switch should have 48 ports or more, capable of 1/10 Gbps ports

3.2 Must support at least 48 or more wire-speed 10G ports.

3.3 Must have 4 or more no. of 40G/100G QSFP based Fibre ports per switch for uplinks.

4 Switch Hardware features and High availability

4.1 Switch should be rack mountable and support side rails, if required

4.2 The proposed switch must have Redundant Power Supply Units (PSUs), Hot-swappable, field-replaceable power supplies.

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4.3 Switch should have adequate power supply for the complete system usage with all slots populated and used and provide N+1 redundant

4.4 Should support both front to back and back to front reversible air flow

4.5 Switch should support in-line hot insertion and removal of different parts like modules/ power supplies/ fan tray etc. and should not require switch reboot & should not disrupt the functionality of the system

4.6 Switch should support for BFD For Fast Failure Detection as per RFC (5880)

4.7 Switch should support Graceful Restart for OSPF, BGP etc.

4.8 The proposed switch should be of 1 Rack Units in size

4.9 The proposed switch should support FCOE (Fiber channel over Ethernet) and DCB (Data Center bridging) features (Desirable)

4.10 The proposed switch must have Line-rate traffic throughput on all ports at Layer 2 with non-blocking architecture.

4.11 The proposed switch must have Line-rate traffic throughput on all ports at Layer 3 with non-blocking architecture

5 Scalability

5.1 The proposed switch should support minimum 90K MAC address table entries.

5.2 The proposed switch must allow to build very large L2 domain using logical chassis or virtual logical chassis to support Multi-Path Ethernet technologies across multiple switches.

5.3 The proposed switch must support port channelling across multiple switches

6 Control Plane

6.1 Minimum Dual Core x86 CPU

6.2 Minimum 8GB DRAM

6.3 Minimum 4GB Flash

6.4 Minimum System buffer 16 MB

7 Operating System

7.1 Must support modern modular operating system designed for data center scalability and reliability.

7.2 Must support auto process recovery from failures.

7.3 Must support Health monitoring and self-healing.

7.4 Must support Live patching or hitless upgrade without disruption of other processes/system modules while upgrading operating system.

7.5 Must support Industry standard CLI.

8 Layer 2 Switch features

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8.1 Minimum Number of MAC addresses entries 90K

8.2 Spanning Tree Protocol (IEEE 802.1.D, 802.1W, 802.1S)

8.3 must support IEEE 802.1Q VLAN encapsulation

8.4 Must support minimum 4096 VLAN

8.5 Internet Group Management Protocol (IGMP) Versions1, 2 and 3

8.6 Should support Rapid Per VLAN Spanning Tree (RPVST+)

8.7 Must support Link aggregation LACP: IEEE 802.3ad with up to 16 ports/channels

8.8 Must support up to 32 ports per Link Aggregation Group (LAG)

8.9 Must support 100 Link Aggregation Groups (LAG)

8.10 Must support 64 ports active/active layer2/Layer3 multi-pathing redundancy

8.11 Must support 64 ports active/active layer2/Layer3 multi-pathing redundancy

8.12 Must support 802.1AB Link Layer Discovery Protocol (LLDP)

8.13 Must support Port Mirroring

8.14 Must support 802.3x Flow Control

8.15 Configurable maximum transmission units (MTUs) of up to 9216 bytes (jumbo frames)

8.16 Must support active/active layer-2 topology without STP where host are dual homed to switch using vPC or MLAG

8.17 Minimum Number of EtherChannels should be 64

8.18 Advanced Ether Channel hashing based on Layer 2, 3, and 4 information

9 Layer 3 Switch features

9.1 Must support minimum 128K IPv4 Unicast entries

9.2 Must support minimum 64K or more IPv6 Unicast entries

9.3 Must support minimum 8K IPv4 Multicast entries

9.4 Must support minimum 8K ACL

9.5 Must support basic layer-3 routing – static routes, BGP, OSPF, ISIS

9.6 VRF: VRF-lite (IP VPN), VRF-aware unicast (BGP, OSPF, and RIP), and VRF-aware multicast

9.7 Must support VRRP or equivalent

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9.8 Must support 64-way ECMP routing for load balancing and redundancy

9.9 Must support Route Maps

9.10 Must support Anycast RP

10 Multi-Cast

10.1 Multicast: PIM-SMv2, and PIM-SSM

10.2 Bootstrap router (BSR) and Static RP

10.3 Multicast Source Discovery Protocol (MSDP) and Anycast RP

11 Security features

11.1 Must Support ACLs using Layer 2, Layer 3, Layer 4 fields

11.2 Must Support MAC Security

11.3 Should Support Privilege Identity Management(PIM), TACACS+&RADIUS

11.4 Should Support SNMP v2, v3 with encryption

11.5 Switch should support DHCP Snooping (Desirable)

11.6 Must Support SIEM and Syslog

11.7 Must Support AAA

11.8 Must Support Port Mirroring

11.9

Must Support sFlow / netFlow industry standard technology for monitoring high speed switched networks. It gives complete visibility into the use of networks enabling performance optimization, accounting/billing for usage, and defense against security threats

11.10 Switch should support for sending logs to multiple centralised syslog server for monitoring and audit trail

11.12 Switch should support for providing granular MIB support for different statistics of the physical and logical interfaces

11.13 Storm control (unicast, multicast, and broadcast)

11.14 CoPP (Control plane protection)

11.15 Switch should provide different privilege for login in to the system for monitoring and management

12 QoS features

12.1 Switch must have Egress strict-priority queuing

12.2 8 hardware queues per port and should support per port QOS Configuration

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12.3 802.1p based classification (COS)

12.4 Switch must have ACL-based QoS classification (Layers 2, 3, and 4)

12.5 DSCP based qualification and remarking

12.6 Rate limiting

12.7 Switch must support for different type of QoS features for real time traffic differential treatment using

12.8 a. Weighted Random Early Detection

12.9 b. Strict Priority Queuing

12.10 The proposed switch must support minimum 16 MB packet buffer to avoid packet drops due to buffer queue entries are exhausted which results in poor and unpredictable performance

12.11 Switch should support to trust the QoS marking/priority settings of the end points as per the defined policy

13 Data Centre Advanced Feature and Network Virtualization

13.1 Should support 4096 VxLAN. Should support both VRF and VxLAN, bridging and routing from day 1,

13.2 Switch should support Network Virtualization using Virtual Over Lay Network using VXLAN

13.3 Switch should support VXLAN and EVPN or equivalent for supporting Spine - Leaf architecture to optimize the east - west traffic flow inside the data center

13.4 Switch should support Data Center Bridging

13.5 Switch should support multi OEM hypervisor environment and should be able to sense movement of VM and configure network automatically, may orchestation layer from day 1

14 Virtualization features

14.1 Virtualization switch should communicate with vSphere 4.0 and above, and vCenter to support adaptive network virtualization

14.2 VLAN auto provision - Auto create/configure VM VLAN when new VM is created in vCenter

14.3 VM Auto Discovery – Find exactly which ESX Hosts and VMs are on a given port in the network. Displays the full Physical Port to Virtual Switch to VM Binding on the supplied management software GUI.

14.4 Should Dynamically create VLAN policy based on VM movement.

14.5 Should be able to extract vNIC information from the VM Host and must be able to display the VM to vNIC.

14.6 VmWare Multi-Tenancy – Connecting up to 4 separate vCenter administrative domain.

15 Management features

15.1 Zero Touch provisioning of firmware and configuration of the switch to reduce provisioning time.

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15.2 Switch should have console port

15.3 Must have 100/1000 management port

15.4 Must Support USB port

15.5 Must Support Management over IPv4, IPv6

15.5 Switch should provide remote login for administration using:

15.6.1 a.Telnet

15.6.2 b.SSHV2

15.7 Switch should support for management and monitoring status using different type of Industry standard NMS using:

15.7.1 a.SNMP V1 and V.2

15.7.2 b.SNMP V.3 with encryption

15.7.3 c.Filtration of SNMP using Access list

15.8 Switch should support for basic administrative tools like:

15.8.1 a.Ping

15.8.2 b.Traceroute

15.9 Should support built in TCP Dump or Wireshark trouble shooting tool or equivalent

15.10 Switch should support for embedded RMON/RMON-II for central NMS management and monitoring

15.11 Switch should support central time server synchronization using Network Time Protocol NTP

16 Troubleshooting capabilities

16.1 Switch must support for basic administrative like Ping and Traceroute

16.2 Switch must support built in TCP Dump or Wireshark trouble shooting tool or equivalent

16.3 Switch must support for sending logs to multiple centralised syslog server for monitoring and audit trail

16.4 Switch should support central time server synchronization using Network Time Protocol NTP V.4

16.5 Switch must have Switched Port Analyzer (SPAN) with minimum 4 active session and ERSPAN on physical, Port channel, VLAN interfaces

16.6 Switch should provide different privilege for login in to the system for monitoring and management

16.7 Protection from unnecessary or DoS traffic by using storm control functions for unicast/multicast/broadcast.

16.8 Switch should support spanning tree root guard

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16.9 The Switch Should support monitor events and take corrective action like a script when the monitored events occurs.

16.10 The Switch Should support monitor events and take corrective action like a script when the monitored events occurs.

16.11 Configuration rollback and NTP Support

16.12 Must have XML Support

17 Standards Compliance

17.1 Should Support IEEE 802.1D Bridging and Spanning Tree

17.2 Should Support IEEE 802.1p QOS/COS

17.3 Should Support IEEE 802.1Q VLAN Tagging

17.4 Should Support IEEE 802.1w Rapid Spanning Tree

17.5 Should Support IEEE 802.1s Multiple Spanning Tree Protocol

17.6 Should Support IEEE 802.1AB Link Layer Discovery Protocol

17.7 Should Support IEEE 802.3ad Link Aggregation with LACP

17.8 Should Support IEEE 802.3x Flow Control

17.9 Should Support IEEE 802.3ab 1000BASE-T

17.10 Should Support IEEE 802.3z Gigabit Ethernet

17.11 Should Support IEEE 802.3ae 10 Gigabit Ethernet

17.12 Should Support IEEE 802.3by 25 Gigabit Ethernet (desirable)

18 Monitoring and Provisioning

18.1 Should support Advance Event Management for pro-active network monitoring or equivalent

18.2 Should support Restoration of Operating System & Configuration from USB

18.3

The platform should the capability to collect telemetry information at line rate across all the ports without adding any latency to the packets or negatively affecting switch performance. This information must consists Flow information and Interpacket variations.

18.4 Should support sFlow or Netflow or equivalent

18.5 Should support centralized script/system to configure a switch without user intervention

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62.3 Annexure B3 – Leaf Fibre Switches

S. No. Specification Compliance (Yes/No)

1 Architecture

1.1 The Solution should support in co-ordination with spine switch. Zones and segments should be decided by spine switch and same should be reflected on Leaf switches.

1.2 1RU fixed form factor

2 Performance

2.1 Switch should support Min 1.6 Tbps switching capacity/throughput or more

2.2 Switch should support at least 1.22 Billion packets per second

2.3 Should support Non-blocking architecture and wire-speed Layer-2 and Layer-3 forwarding

2.4 Should support 1/10 GbE SFP/SFP+ based ports

2.5 The switch should support 200,000 IPv4 and IPv6 routes entries in the routing table including multicast routes

2.6 Minimum Multicast Routing table - 10000

2.7 Switch should have management interface for Out of Band Management

2.8 Switch should have hardware health monitoring capabilities and should provide different parameters through SNMP

2.9 Switch should support IEEE Link Aggregation or Ethernet Bonding functionality to group multiple ports for redundancy

2.10 Switch should support Configuration roll-back and check point

2.11 Switch should support for different logical interface types like loopback, VLAN, SVI/RBI, Port Channel/LAG, multi chassis port channel etc.

2.12 Line-rate traffic throughput (both Layer 2 and 3) on all ports

3 Port Requirements with redundancy

3.1 Switch should have 48 ports or more, capable of 1/10 Gbps ports

3.2 Must support at least 48 or more wire-speed 10G ports.

3.3 Must have 4 or more no. of 40G/100G QSFP based Fiber ports per switch for uplinks.

4 Switch Hardware features and High availability

4.1 Switch should be rack mountable and support side rails, if required

4.2 The proposed switch must have Redundant Power Supply Units (PSUs), Hot-swappable, field-replaceable power supplies.

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4.3 Switch should have adequate power supply for the complete system usage with all slots populated and used and provide N+1 redundant

4.4 Should support both front to back and back to front reversible air flow

4.5 Switch should support in-line hot insertion and removal of different parts like modules/ power supplies/ fan tray etc. and should not require switch reboot & should not disrupt the functionality of the system

4.6 Switch should support for BFD For Fast Failure Detection as per RFC (5880)

4.7 Switch should support Graceful Restart for OSPF, BGP etc.

4.8 The proposed switch should be of 1 Rack Units in size

4.9 The proposed switch should support FCOE (Fiber channel over Ethernet) and DCB (Data Center bridging) features (Desirable)

4.10 The proposed switch must have Line-rate traffic throughput on all ports at Layer 2 with non-blocking architecture.

4.11 The proposed switch must have Line-rate traffic throughput on all ports at Layer 3 with non-blocking architecture

5 Scalability

5.1 The proposed switch should support minimum 90K MAC address table entries.

5.2 The proposed switch must allow to build very large L2 domain using logical chassis or virtual logical chassis to support Multi-Path Ethernet technologies across multiple switches.

5.3 The proposed switch must support port channelling across multiple switches

6 Control Plane

6.1 Minimum Dual Core x86 CPU

6.2 Minimum 8GB DRAM

6.3 Minimum 4GB Flash

6.4 Minimum System buffer 16 MB

7 Operating System

7.1 Must support modern modular operating system designed for data center scalability and reliability.

7.2 Must support auto process recovery from failures.

7.3 Must support Health monitoring and self-healing.

7.4 Must support Live patching or hitless upgrade without disruption of other processes/system modules while upgrading operating system.

7.5 Must support Industry standard CLI.

8 Layer 2 Switch features

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8.1 Minimum Number of MAC addresses entries 90K

8.2 Spanning Tree Protocol (IEEE 802.1.D, 802.1W, 802.1S)

8.3 must support IEEE 802.1Q VLAN encapsulation

8.4 Must support minimum 4096 VLAN

8.5 Internet Group Management Protocol (IGMP) Versions1, 2 and 3

8.6 Should support Rapid Per VLAN Spanning Tree (RPVST+)

8.7 Must support Link aggregation LACP: IEEE 802.3ad with up to 16 ports/channels

8.8 Must support up to 32 ports per Link Aggregation Group (LAG)

8.9 Must support 100 Link Aggregation Groups (LAG)

8.10 Must support 64 ports active/active layer2/Layer3 multi-pathing redundancy

8.11 Must support 64 ports active/active layer2/Layer3 multi-pathing redundancy

8.12 Must support 802.1AB Link Layer Discovery Protocol (LLDP)

8.13 Must support Port Mirroring

8.14 Must support 802.3x Flow Control

8.15 Configurable maximum transmission units (MTUs) of up to 9216 bytes (jumbo frames)

8.16 Must support active/active layer-2 topology without STP where host are dual homed to switch using vPC or MLAG

8.17 Minimum Number of EtherChannels should be 64

8.18 Advanced Ether Channel hashing based on Layer 2, 3, and 4 information

9 Layer 3 Switch features

9.1 Must support minimum 128K IPv4 Unicast entries

9.2 Must support minimum 64K or more IPv6 Unicast entries

9.3 Must support minimum 8K IPv4 Multicast entries

9.4 Must support minimum 8K ACL

9.5 Must support basic layer-3 routing – static routes, BGP, OSPF, ISIS

9.6 VRF: VRF-lite (IP VPN), VRF-aware unicast (BGP, OSPF, and RIP), and VRF-aware multicast

9.7 Must support VRRP or equivalent

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9.8 Must support 64-way ECMP routing for load balancing and redundancy

9.9 Must support Route Maps

9.10 Must support Anycast RP

10 Multi-Cast

10.1 Multicast: PIM-SMv2, and PIM-SSM

10.2 Bootstrap router (BSR) and Static RP

10.3 Multicast Source Discovery Protocol (MSDP) and Anycast RP

11 Security features

11.1 Must Support ACLs using Layer 2, Layer 3, Layer 4 fields

11.2 Must Support MAC Security

11.3 Should Support Privilege Identity Management(PIM), TACACS+ & RADIUS

11.4 Should Support SNMP v2, v3 with encryption

11.5 Switch should support DHCP Snooping (Desirable)

11.6 Must Support SIEM and Syslog

11.7 Must Support AAA

11.8 Must Support Port Mirroring

11.9

Must Support sFlow / netFlow industry standard technology for monitoring high speed switched networks. It gives complete visibility into the use of networks enabling performance optimization, accounting/billing for usage, and defense against security threats

11.10 Switch should support for sending logs to multiple centralised syslog server for monitoring and audit trail

11.12 Switch should support for providing granular MIB support for different statistics of the physical and logical interfaces

11.13 Storm control (unicast, multicast, and broadcast)

11.14 CoPP (Control plane protection)

11.15 Switch should provide different privilege for login in to the system for monitoring and management

12 QoS features

12.1 Switch must have Egress strict-priority queuing

12.2 8 hardware queues per port and should support per port QOS Configuration

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12.3 802.1p based classification (COS)

12.4 Switch must have ACL-based QoS classification (Layers 2, 3, and 4)

12.5 DSCP based qualification and remarking

12.6 Rate limiting

12.7 Switch must support for different type of QoS features for real time traffic differential treatment using

12.8 a. Weighted Random Early Detection

12.9 b. Strict Priority Queuing

12.10 The proposed switch must support minimum 16 MB packet buffer to avoid packet drops due to buffer queue entries are exhausted which results in poor and unpredictable performance

12.11 Switch should support to trust the QoS marking/priority settings of the end points as per the defined policy

13 Data Centre Advanced Feature and Network Virtualization

13.1 Should support 4096 VxLAN. Should support both VRF and VxLAN, bridging and routing from day 1,

13.2 Switch should support Network Virtualization using Virtual Over Lay Network using VXLAN

13.3 Switch should support VXLAN and EVPN or equivalent for supporting Spine - Leaf architecture to optimize the east - west traffic flow inside the data center

13.4 Switch should support Data Center Bridging

13.5 Switch should support multi OEM hypervisor environment and should be able to sense movement of VM and configure network automatically, may orchestration layer from day 1

14 Virtualization features

14.1 Virtualization switch should communicate with vSphere 4.0 and above, and vCenter to support adaptive network virtualization

14.2 VLAN auto provision - Auto create/configure VM VLAN when new VM is created in vCenter

14.3 VM Auto Discovery – Find exactly which ESX Hosts and VMs are on a given port in the network. Displays the full Physical Port to Virtual Switch to VM Binding on the supplied management software GUI.

14.4 Should Dynamically create VLAN policy based on VM movement.

14.5 Should be able to extract vNIC information from the VM Host and must be able to display the VM to vNIC.

14.6 VmWare Multi-Tenancy – Connecting up to 4 separate vCenter administrative domain.

15 Management features

15.1 Zero Touch provisioning of firmware and configuration of the switch to reduce provisioning time.

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15.2 Switch should have console port

15.3 Must have 100/1000 management port

15.4 Must Support USB port

15.5 Must Support Management over IPv4, IPv6

15.5 Switch should provide remote login for administration using:

15.6.1 a.Telnet

15.6.2 b.SSHV2

15.7 Switch should support for management and monitoring status using different type of Industry standard NMS using:

15.7.1 a.SNMP V1 and V.2

15.7.2 b.SNMP V.3 with encryption

15.7.3 c.Filtration of SNMP using Access list

15.8 Switch should support for basic administrative tools like:

15.8.1 a.Ping

15.8.2 b.Traceroute

15.9 Should support built in TCP Dump or Wireshark trouble shooting tool or equivalent

15.10 Switch should support for embedded RMON/RMON-II for central NMS management and monitoring

15.11 Switch should support central time server synchronization using Network Time Protocol NTP

16 Troubleshooting capabilities

16.1 Switch must support for basic administrative like Ping and Traceroute

16.2 Switch must support built in TCP Dump or Wireshark trouble shooting tool or equivalent

16.3 Switch must support for sending logs to multiple centralised syslog server for monitoring and audit trail

16.4 Switch should support central time server synchronization using Network Time Protocol NTP V.4

16.5 Switch must have Switched Port Analyzer (SPAN) with minimum 4 active session and ERSPAN on physical, Port channel, VLAN interfaces

16.6 Switch should provide different privilege for login in to the system for monitoring and management

16.7 Protection from unnecessary or DoS traffic by using storm control functions for unicast/multicast/broadcast.

16.8 Switch should support spanning tree root guard

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16.9 The Switch Should support monitor events and take corrective action like a script when the monitored events occurs.

16.10 The Switch Should support monitor events and take corrective action like a script when the monitored events occurs.

16.11 Configuration rollback and NTP Support

16.12 Must have XML Support

17 Standards Compliance

17.1 Should Support IEEE 802.1D Bridging and Spanning Tree

17.2 Should Support IEEE 802.1p QOS/COS

17.3 Should Support IEEE 802.1Q VLAN Tagging

17.4 Should Support IEEE 802.1w Rapid Spanning Tree

17.5 Should Support IEEE 802.1s Multiple Spanning Tree Protocol

17.6 Should Support IEEE 802.1AB Link Layer Discovery Protocol

17.7 Should Support IEEE 802.3ad Link Aggregation with LACP

17.8 Should Support IEEE 802.3x Flow Control

17.9 Should Support IEEE 802.3ab 1000BASE-T

17.10 Should Support IEEE 802.3z Gigabit Ethernet

17.11 Should Support IEEE 802.3ae 10 Gigabit Ethernet

17.12 Should Support IEEE 802.3by 25 Gigabit Ethernet (desirable)

18 Monitoring and Provisioning

18.1 Should support Advance Event Management for pro-active network monitoring or equivalent

18.2 Should support Restoration of Operating System & Configuration from USB

18.3

The platform should the capability to collect telemetry information at line rate across all the ports without adding any latency to the packets or negatively affecting switch performance. This information must consists Flow information and Interpacket variations.

18.4 Should support sFlow or Netflow or equivalent

18.5 Should support centralized script/system to configure a switch without user intervention

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63 Annexure C – Configuration details of switches

Sr. No.

Equipment Make and Model Detail Hardware Configuration

1 Spine Switches at Data Centre, Powai

2 Leaf Switches (Copper) at Data Centre

3 Leaf Switches (Fiber) at Data Centre

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64 Annexure D - Un-priced Commercial Offer

(To be submitted with Technical Offer)

Note: Annexure D Un-priced Commercial offer consisting of D1 to D3. All these Parts are to be duly filled up and submitted as part of Technical Offer.

64.1 Annexure D1 – Un-priced Commercial offer of hardware

All the above hardware should be with three year warranty.

Above cost is exclusive of taxes. Authorized Signatories (Name & Designation, seal of the company) Date:

Note: The above mentioned quantity is purely indicative to derive Total Cost of Ownership and the actual quantity may vary. Bidder should provide product and services at the discovered unit costs as per the requirement of the Bank during the entire contract period.

S. No

Description Make and model

Unit cost

Quantity

Total Cost (Rs.)

Submitted [Yes/No]

1 Spine Switches xx xx 2 xx

2 Leaf Switches (Copper) xx xx 12 xx

3 Leaf Switches (Fiber) xx xx 2 xx

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64.2 Annexure D2 – Un-priced Commercial offer for Services

S. No. Description Unit

cost Quantity No. of

years Total Cost

(Rs.)

Submitted [Yes/No]

(a) (b) (c) (d=a*b*c)

AMC charges

1 Spine Switches xx 2 2 xx

2 Leaf Switches (Copper)

xx 12

2 xx

3 Leaf Switches (Fiber) xx 2 2 xx

FACILITY MANAGEMENT SERVICES

4

Onsite Annual FM Charges applicable both during warranty and post warranty period.

xx 1 5 xx

Above cost is exclusive of taxes.

Note: The above mentioned quantity is purely indicative to derive Total Cost of Ownership and the actual quantity may vary. Bidder should provide product and services as per the discovered unit costs as per the requirement of the Bank during the entire contract period. Authorized Signatories (Name & Designation, seal of the company) Date:

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64.3 Annexure D3 - Summary of Un-priced Commercial Prices

Sr. No.

Annexure Total (Rs.) Submitted [Yes/No]

1 Annexure D1 (Un-priced Commercial offer for hardware)

xx

2 Annexure D2 (Un-priced Commercial offer for services)

xx

TOTAL TCO xx

Above cost is exclusive of taxes.

Total Cost of Ownership (TCO) (in Figures Rs……………………….. (in Words ) = Rupees………………………………………………………

Note: 1. Unit price of all items, including optional items as well as TCO must be quoted in WORDS AND FIGURES. 2. In case of any discrepancy, unit price quoted in words will be considered for computation of TCO. 3. Cost comparison will be on the basis of total cost of ownership calculated as explained above.

4. The above mentioned quantity is purely indicative to derive Total Cost of Ownership and the actual quantity may vary. Bidder should provide product and services as per the discovered unit costs as per the requirement of the Bank during the entire contract period. 5. The contract is for five years from the date of implementation of Data Centre Fabric including 3 years warranty and Annual Maintenance Charges (AMC) for 2 years post warranty period of 3 years. The rate of AMC should be in the range of 8 % to 12 % of the cost of the equipment. 6. The indicative commercial offer shall be on a fixed price basis. The price should be inclusive of all other charges but exclusive of Goods & Service Tax (GST) shall be payable by the Bank at actual on date of invoicing.

7. The Total cost ownership (after reverse auction) should be inclusive of all other charges but exclusive of Goods & Service Tax (GST) shall be payable by the Bank at actual on date of invoicing.

8. Bank will not pay any Labor charges for transportation, Road Permit, installation of hardware, items separately. All such costs, if any, should be absorbed in the above TCO. 9. The Total cost is exclusive of all taxes i.e. GST (CGST/SGST/IGST), which will be payable at actual.

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10. Bidder has to show the bifurcation/details of applicable GST (CGST/SGST/IGST) in every invoice. Any upward /downward revision in GST will be borne by Bank. 11. The break up price of individual line item after reverse auction must be in the same proportion as given in the indicative price bid. 12. The rate should be valid for 5 years from the date of issuance of purchase order. 13. The price quoted should be inclusive of Cost of delivery of equipments/Hardware, implementation/commissioning, Maintenance of Data Centre Fabric Equipments. 14. Bank will not pay any labor charges for transportation, Road Permit, installation of hardware, items separately. All such costs, if any, should be absorbed in the TCO.

Authorized Signatories (Name & Designation, seal of the company) Date:

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65 Annexure E – Indicative Commercial Offer Note: Annexure E includes indicative Commercial Offer consisting of E1 to E3.

65.1 Annexure E1 - Indicative commercial offer of hardware

All the above hardware should be with three year warranty.

Above cost is exclusive of taxes. Authorized Signatories (Name & Designation, seal of the company) Date:

Note: The above mentioned quantity is purely indicative to derive Total Cost of Ownership and the actual quantity may vary. Bidder should provide product and services at the discovered unit costs as per the requirement of the Bank during the entire contract period.

S. No

Description Make and model

Unit cost

Quantity

Total Cost (Rs.)

1 Spine Switches

2

2 Leaf Switches (Copper)

12

3 Leaf Switches (Fiber)

2

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65.2 Annexure E2 - Indicative commercial offer for services

S. No. Description Unit cost

Quantity No. of years

Total

Cost (Rs.)

(a) (b) (c) (d=a*b*c)

AMC charges

1 Spine Switches 2 2

2 Leaf Switches (Copper)

12

2

3 Leaf Switches (Fiber)

2

2

FACILITY MANAGEMENT SERVICES

4

Onsite Annual FM Charges applicable both during warranty and post warranty period.

1 5

Above cost is exclusive of taxes.

Note: The above mentioned quantity is purely indicative to derive Total Cost of Ownership and the actual quantity may vary. Bidder should provide product and services as per the discovered unit costs as per the requirement of the Bank during the entire contract period. Authorized Signatories (Name & Designation, seal of the company) Date:

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65.3 Annexure E3 - Summary of Indicative Prices

Sr. No.

Annexure Total (Rs.)

1 Annexure E1 (Indicative commercial offer for hardware)

2 Annexure E2 (Indicative commercial offer for services)

TOTAL TCO

Total Cost of Ownership (TCO) (in Figures Rs……………………….. (in Words ) = Rupees………………………………………………………

Note: 1. Unit price of all items, including optional items as well as TCO must be quoted in WORDS AND FIGURES. 2. In case of any discrepancy, unit price quoted in words will be considered for computation of TCO. 3. Cost comparison will be on the basis of total cost of ownership calculated as explained above.

4. The above mentioned quantity is purely indicative to derive Total Cost of

Ownership and the actual quantity may vary. Bidder should provide product and services as per the discovered unit costs as per the requirement of the Bank during the entire contract period.

5. The contract is for five years from the date of implementation of Data Centre Fabric including 3 years warranty and Annual Maintenance Charges (AMC) for 2 years post warranty period of 3 years. The rate of AMC should be in the range of 8 % to 12 % of the cost of the equipment. 6. The indicative commercial offer shall be on a fixed price basis. The price should be inclusive of all other charges but exclusive of Goods & Service Tax (GST) shall be payable by the Bank at actual on date of invoicing. 7. The Total cost ownership (after reverse auction) should be inclusive of all other charges but exclusive of Goods & Service Tax (GST) shall be payable by the Bank at actual on date of invoicing. 8. Bank will not pay any Labor charges for transportation, Road Permit, installation of hardware, items separately. All such costs, if any, should be absorbed in the above TCO. 9. The Total cost is exclusive of all taxes i.e. GST (CGST/SGST/IGST), which will be payable at actual.

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10. Bidder has to show the bifurcation/details of applicable GST (CGST/SGST/IGST) in every invoice. Any upward /downward revision in GST will be borne by Bank. 11. The break up price of individual line item after reverse auction must be in the same proportion as given in the indicative price bid. 12. The rate should be valid for 5 years from the date of issuance of purchase order. 13. The price quoted should be inclusive of Cost of delivery of equipments/Hardware, implementation/commissioning, Maintenance of Data Centre Fabric Equipments. 14. Bank will not pay any labor charges for transportation, Road Permit, installation of hardware, items separately. All such costs, if any, should be absorbed in the TCO.

Authorized Signatories (Name & Designation, seal of the company) Date:

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66 Annexure F - Reverse Auction Process

RFP for procurement of SDN ready Data Centre Fabric Reverse Auction through E-Procurement The detailed procedure for Reverse Auction to be followed in the RFP for procurement of SDN ready Data Centre Fabric. The response to the present tender will be submitted by way of submitting the Technical offer & Indicative Commercial offers in separate in sealed covers. The technical details with the relevant information/documents/acceptance of all terms and conditions strictly as described in this tender document will have to be submitted by the Vendors. The Indicative commercial bids submitted by the vendors who are short listed in the technical bid evaluation process will be opened and those vendors will be invited to participate in the online Reverse Auction to be conducted by the company selected by the Bank. Vendors who are short listed from Technical evaluation will be trained by the Reverse Auction Company for this purpose, and they will have to abide by the E-business rules framed by the Bank in consultation with Reverse Auction Service provider. The e-business rules are furnished hereunder in this document.

Further, please note that the vendor(s) who do not qualify in the technical bid processes will not be considered for participation in Reverse Auction. BUSINESS RULES FOR REVERSE AUCTION

APPLICABILITY:

Reverse Auctions are carried out under the framework of rules that are called Business Rules. All vendors participating in Reverse Auction shall understand/accept and give an undertaking for compliance with the same to the Bank in the prescribed format Annexure F1. Any vendor not willing to submit such an undertaking shall be disqualified for further participation respecting the procurement in question.

ELIGIBILITY: Only vendors who are technically qualified and who submit the prescribed undertaking to the Bank alone can participate in Reverse Auction relevant to the procurement for which RFP is floated. COMPLIANCE/CONFIRMATION FROM VENDORS: The vendors participating in Reverse Auction shall submit the following duly signed by the same Competent Authority who signs the offer documents in response to the RFP:

Acceptance of Business Rules for Reverse Auction and undertaking as per format in Annexure F1.

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Agreement between service provider and vendor. (This format will be given by the service provider prior to announcement of Reverse Auction.)

Letter of authority authorizing the name/s of official/s to take part in Reverse Auction as per format in Annexure F2.

Undertaking of Process Compliance Statement for RA as per format in Annexure F3.

TRAINING:

The Bank will facilitate training for participation in Reverse Auction either on its own or through the service provider for the Reverse Auction.

Where necessary, the Bank/service provider may also conduct a „mock reverse auction‟ to familiarize the vendors with Reverse Auction process.

Any vendor/bidder not participating in training and/or „mock reverse auction‟ shall do so at his own risk and it shall not be open for him to make any complaint/grievance later.

TOTAL COST OF OWNERSHIP (TCO): TCO refers to the aggregate amounts payable by the Bank for transfer of ownership. TCO shall encompass but not be limited to the following:

Cost of the equipment/product or services.

License fee (Corporate or user specific as defined in RFP) including OS/Data Base/Application licenses).

All existing taxes (including sales tax/VAT, service tax etc.), duties and levies.

Installation and commissioning charges, if any.

The prices should include the comprehensive onsite warranty maintenance of the equipments covering all components, services, and visits to the concerned offices as specified in the RFP.

Annual Maintenance Charges for the period as specified in the RFP.

Transportation and Forwarding charges to respective sites.

Training costs for the product/service/equipment if and as defined in RFP.

Service Level Agreement (SLA) costs as defined in RFP for applicable period.

Facility Management/infrastructure support costs as defined in RFP.

Insurance to cover the equipment for and from transit period till installation.

The TCO shall be arrived at after deducting „buy back‟ costs involved and if/as defined in the RFP.

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TCO, however, shall not include variables of octroi and entry tax. These shall be paid as per actual and on production of receipts. However, no penalties respecting octroi or entry tax shall be paid by the Bank and the vendor shall bear such expenses.

DATE/TIME FOR TRAINING:

The Venue, Date, Time etc. for training in Reverse Auction shall be advised at the appropriate time.

The Bank shall Endeavour to fix such Date/Time at mutual convenience to the vendor/s, service provider and the Bank.

No request for postponement/fixing of Training Date/Time shall be entertained which in the sole view and discretion of the Bank might result in any avoidable delay to either the Reverse Auction or the whole process of selection of vendor.

DATE/TIME OF REVERSE AUCTION: The Date and Time of commencement of Reverse Auction as also Duration of „Reverse Auction Time‟ shall be communicated at least 7 working Days prior to such auction Date. Any force majeure or other condition leading to postponement of auction shall entitle the Bank to postponement of auction even after communication, but, the Bank shall be obliged to communicate to all participating vendors the „postponement‟ prior to commencement of such „Reverse Auction‟. CONDUCT OF REVERSE AUCTION:

The Reverse Auction shall be conducted on a specific web portal meant for this purpose. The Reverse Auction may be conducted by the Bank itself or through a service provider specifically identified/appointed/empanelled by the Bank.

SERVICE PROVIDER’S ROLE & RESPONSIBILITIES:

In all Reverse Auctions conducted by the Bank through a Service Provider, the Bank shall enter into a separate agreement clearly detailing the role and responsibilities of the service provider hosting the web portal for the Reverse Auction. For creating necessary obligations and rights, the service provider will also enter into an agreement with each vendor as per a format designed by him for this purpose. The Bank shall resolve any points/issues concerning such agreement of vendor and service provider. While a Service Level Agreement (SLA) by the bank with the service provider is an arrangement for smooth and fair conduct of the Reverse Auction, the Bank shall be directly responsible to vendors for fair and transparent conduct of Reverse Auction. The service provider at the end of each Reverse Auction shall provide the bank with all details of the bids and reports of reverse auction. The service provider shall also archive the data pertaining to the Reverse Auction for a minimum period of 3 years.

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TRAINING AND AUCTION:

Service provider / auctioneer is responsible for conduct of adequate training to all technically qualified bidders representing the reverse auction and bidding process.

Each vendor / bidder shall participate in the training at his / their own cost.

Wherever it is considered necessary and asked by the bidders or as decided by the auctioneer or by Bank a mock auction may also be conducted for the benefit of all concerned.

Authorized representatives of the bidders named in the authorization letter given by the vendor shall be given unique user name, password by the service provider / auctioneer.

Each bidder shall change the password and edit the information in the registration page after receipt of initial password.

All the bids made from the log-in ID given to bidder shall ipso-facto be considered bid made by the vendor / bidder to whom log-in ID and password were assigned by the service provider / auctioneer.

Any bid once made through registered log-in ID / password by the vendor / bidder cannot be cancelled. The bidder, in other words, is bound to sell the “Offering” as per the RFP at the bid price of TCO.

Every successive bid by the bidder / vendor being detrimental bidding shall replace the earlier bid automatically and the final bid as per the time and log-in ID shall prevail over the earlier bids.

The Bank shall conduct the reverse auction as per the Standard English reverse auction, that is, no two bids can have identical price from two different vendors. In other words, there shall never be a “Tie” in bids.

PROXY BID:

A proxy bid is one where vendor can submit the lowest bid amount by him in strict confidence to the system directly. This obviates the need for him participating in the bidding process until the proxy bid amount is decrementally reached by other bidders.

When proxy bid amount is reached, the vendor has an option to revise the proxy bid amount or he can prefer to start participating in bidding process.

Since it is an English auction with no ties, two vendors submitting identical proxy bid amount and succeeding in auction simultaneously does not arise.

During training, the issue of proxy bidding will be clarified in detail by the service provider.

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TRANSPARENCY IN BIDS: All bidders will be able to view during the auction time the current lowest price in portal. Bidder shall be able to view not only the lowest bid but also the last bid made by him at any point of time during the auction time. MASKING OF NAMES: Names of bidders/ vendors shall be anonymously masked in the Reverse Auction process and vendors will be given suitable dummy names. After completion of Reverse Auction, the service provider / auctioneer shall submit a report to the Bank with all details of bid and the original names of the bidders as also the L1 bidder with his / their original names. START PRICE: Bank shall determine the start price either on its own or through asking for information of price band on TCO from each vendor at appropriate time during or at the conclusion of technical evaluation. Based on the price band so informed by vendors, Bank would determine the start price for reverse auction. DECREMENTAL BID VALUE The vendors shall be able to bid only at a specified decrement value and not at any other fractions. The Bid decrement value shall be Rs.7500/- or 0.25% of the Start price of the Reverse Auction, whichever is higher. The bid decrement value shall be rounded off to the nearest thousands of rupees. For the sake of convenience of vendors, the web portal shall display the next possible decremented value of bid. It is not, however, obligatory on the part of vendors to bid at the next immediate lower level only. (That is, bids can be even at 2 or 3 lower levels than the immediate lower level.) COPY OF BUSINESS RULES The Bank shall supply copy of the Business rules to any vendors / bidders, wishing to participate in the reverse auction. Such request shall be made in writing to the Bank by an authorized representative of the vendor.

The Bank shall also handover a copy of the Business Rules with a covering letter duly signed by an authorized signatory of the Bank.

For any dispute concerning the Business Rules, the hard copy of Business Rules supplied by the Bank for the reference of reverse auction process will alone be considered final and binding.

SPLITTING OF ORDERS:

If any RFP specifically authorizes splitting of orders for the sake of reducing dependency on single source of supply or provision of service, Bank is entitled to split the order in the order and as provided in RFP.

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While splitting the order, Bank shall specify the maximum quantum for L1, L2 etc. in RFP. In case L2 vendor is not willing to supply at L1 price, Bank shall call L3, L4 etc. in order to arrive at the split quantum to be awarded. The Bank shall also be entitled to award the contract to L2, L3 or L4 etc. bidders in the event of L1 bidder backing out to honor the commitment, or for that matter not in a position to supply the offering as per RFP.

REVERSE AUCTION PROCESS:

In order to reduce the time involved in the procurement process, Bank shall be entitled to complete the entire procurement process through a single Reverse Auction. For this purpose, Bank shall do all it can to award the contract to L1 bidder.

The Bank shall however, be entitled to cancel the procurement of Reverse Auction process, if in its view procurement or reverse auction process cannot be conducted in a fair manner and / or in the interest of the Bank.

The successful vendor shall be obliged to provide a Bill of Material at the last bid price at the close of auction. EXPENDITURE ON REVERSE AUCTION:

All expenses of reverse auction shall be borne by the Bank. Vendors, however, shall attend the training or mock auction at their own cost.

CHANGES IN BUSINESS RULES: Any change in Business Rules as may become emergent and based on the experience gained shall be made only by a Committee of senior / top executives of the Bank.

Any / all changes made in Business Rules shall be uploaded in the Website immediately.

If any reverse auction process has commenced and a change is made in Business Rules, it shall be informed immediately to each vendor/ bidder and his concurrence to / acceptance of the change shall be obtained in writing by the Bank.

DON’TS APPLICABLE TO THE BIDDER/VENDOR:

No vendor shall involve himself / itself or any of his / its representatives in any price manipulation directly or indirectly with other bidders. If any such practice comes to the notice, Bank shall disqualify the vendor / bidders concerned from the reverse auction process.

Bidder shall not disclose details of his bids or any other details concerning Reverse Auction process of the Bank to any other third party without specific permission in writing from the Bank.

Neither Bank nor service provider / auctioneer can be held responsible for consequential damages such as no power supply, system problem, inability to use

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the system, loss of electronic information, power interruptions, UPS failure, etc. (Bank shall, however, entertain any such issues of interruptions, problems with open mind and fair degree of transparency in the process before deciding to stop or extend the auction.)

GRIEVANCES REDRESSAL:

Any aggrieved vendor / bidder through Reverse Auction process can make complaint in writing within 48 hours of the Reverse Auction to the Chief Compliance Officer of the Bank.

The Chief Compliance Officer along with the Chief Law Officer of the bank and Chief of Audit Dept. shall give personal hearing to the aggrieved bidder / vendor and decide upon the complaint / grievance.

Decision of the Grievance Redressed Committee shall be binding on the Bank as well as on all vendors participating in the Reverse Auction.

ERRORS AND OMISSIONS: On any issue or area of material concern respecting Reverse Auction not specifically dealt with in these Business Rules, the decision of the bank shall be final and binding on all concerned.

*******************************

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67 Annexure F1 - Compliance Statement Exhibit A

(To be submitted by all the vendors participating in Reverse Auction) To, Union Bank of India Technology Centre, Adi Shankaracharya Marg, Jogeswari Vikhroli Link Road, Powai, Mumbai – 400 072

DECLARATION

We ______________________(name of the company) hereby confirm having submitted our bid for participating in Bank‟s RFP dated _________ for procurement of ____________.

We also confirm having read the terms of RFP as well as the Business Rules relating to the Reverse Auction for this RFP process.

We hereby undertake and agree to abide by all the terms and conditions stipulated by Union Bank of India in the RFP document including all annexures and the Business Rules for Reverse Auction.

We shall participate in the on-line auction conducted by _______________ Ltd. (Auction Company) and submit our commercial bid. We shall also abide by the procedures prescribed for online auction by the auction company.

We, hereby confirm that we will honor the Bids placed by us during the auction process, failing which we shall forfeit the EMD. We also understand that the bank may debar us from participating in future tenders.

We confirm having nominated Mr. ________________, designated as ______________ of our company to participate in the Reverse Auction on behalf of the company. We undertake that the company shall be bound by the bids made by him in Reverse Auction.

We undertake to submit the confirmation of last bid price by us to the auction company/Bank within 48 working hours of the completion of event. We also undertake to submit the Bill of Materials for the TCO (Total Cost of Ownership) in terms of RFP.

Signature with company seal

Name – Company / Organization – Designation within Company / Organization – Address of Company / Organization – Date: Name of Authorized Representative: _______________________ Signature of Authorized Representative: ____________________ Verified above signature Competent Authority Signature: ___________________________ Date: _________________

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68 Annexure F2 - Letter of Authority for participation in Reverse Auction Exhibit B To,

Union Bank of India Technology Centre, Adi Shankaracharya Marg, Jogeswari Vikhroli Link Road, Powai, Mumbai – 400 072.

We ______________________(name of the company) have submitted our bid for participating in Bank‟s RFP dated _________ for procurement of ____________.

We also confirm having read and understood the terms of RFP as well as the Business Rules relating to the Reverse Auction for this RFP process.

As per the terms of RFP and Business rules, we nominate Mr. ______________, designated as ______________ of our company to participate in the Reverse Auction.

We accordingly authorize Bank and / or the Auction Company to issue user ID and password to the above named official of the company.

Both Bank and the auction company shall contact the above named official for any and all matters relating to the Reverse Auction.

We, hereby confirm that we will honor the Bids placed by Mr. ______________________on behalf of the company in the auction process, failing which we will forfeit the EMD. We agree and understand that the bank may debar us from participating in future tenders for any such failure on our part.

Signature with company seal

Name –

Company / Organization – Designation within Company / Organization – Address of Company / Organization –

Date : Name of Authorized Representative: ______________________ Designation of Authorized Representative: _________________ Signature of Authorized Representative: ___________________ Verified by : _________________________________________ Signature of Verifying Authority: _______________________ Date: ________________

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69 Annexure F3 - Undertaking of Process Compliance Statement for Reverse Auction Exhibit1 C

Place: Date: To, The General Manager, Union Bank of India, Technology Centre, 1/1A, Adi Shankaracharya Marg, Opp. Powai Lake, Powai, Andheri (East), Mumbai‐400072.

Sir,

Subject: Our bid for RFP for Procurement of SDN Ready Data Centre Fabric

This letter is to confirm that:

1. The undersigned is authorized representative of the company.

2. We have studied the Commercial Terms and the Business Rules governing

the Reverse Auction as mentioned in the RFP and confirm our agreement to

them.

3. We confirm that Union Bank of India and Auction Service Provider shall not

be liable & responsible in any manner whatsoever for my/our failure to

access & bid on the e-auction platform due to loss of internet connectivity,

electricity failure, virus attack, problems with the PC, any other unforeseen

circumstances etc. before or during the auction event.

4. We also confirm that we have a valid digital signature certificate issued by a

valid Certifying Authority.

5. We also confirm that we will mail the price confirmation & break up of our

quoted price as per Annexure E (Annexure E1 to E3) within 48 hour of the

completion of the reverse auction.

6. We, hereby confirm that we will honour the bids placed by us during the

auction process.

Signature with company seal Name – Company/ Organisation Designation within Company / Organisation Address of Company / Organisation Date: Name of Authorized Representative: _______________________ Signature of Authorized Representative: ___________________ Verified above signature Signature of Competent Authority: ______________ Date: _________________

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70 Annexure G - Format of Bank Guarantee (EMD)

(To be valid for a period of 6 months from last day of RFP submission) To,

Union Bank of India Technology Centre, Adi Shankaracharya Marg, Jogeswari Vikhroli Link Road, Powai, Mumbai – 400 072

Dear Sirs, In response to your invitation to respond to your RFP for ------------------------------------------------------------------------------------- M/s __________________ having their registered office at _____________ (hereinafter called the „Vendor‟) wish to respond to the said Request for Proposal (RFP) for self and other associated vendors and submit the proposal for the procurement of SDN ready Data Centre Fabric as detailed in the RFP document. Whereas the „Vendor‟ has submitted the proposal in response to RFP, we, the ____________ Bank having our head office ________________ hereby irrevocably guarantee an amount of Rs.15 Lacs (Rupees Fifteen lacs only) as bid security as required to be submitted by the „Vendor‟ as a condition for participation in the said process of RFP. The Bid security for which this guarantee is given is liable to be enforced/ invoked: If the Vendor withdraws his proposal during the period of the proposal validity; or If the Vendor, having been notified of the acceptance of its proposal by the Bank during the period of the validity of the proposal fails or refuses to enter into the contract in accordance with the Terms and Conditions of the RFP or the terms and conditions mutually agreed subsequently; If the Bidder, if selected for awarding the Contract, fails to renew this Bank Guarantee as decided by Union Bank of India. We undertake to pay immediately on demand to Union Bank of India the said amount of Rupees Fifteen lacs without any reservation, protest, demur, or recourse. The said guarantee is liable to be invoked/ enforced on the happening of the contingencies as mentioned above and also in the RFP document and we shall pay the amount on any Demand made by Union Bank of India which shall be conclusive and binding on us irrespective of any dispute or difference raised by the vendor.

Notwithstanding anything contained herein:

Our liability under this Bank guarantee shall not exceed Rs.15 Lacs (Rupees Fifteen lacs only).

This Bank guarantee will be valid up to __________________with a claim period of 60 days; and

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 Bank, through the authorized officer has sets its hand and stamp on this _______________ day of __________________ at _________________.

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71 Annexure H - Confidentiality / Non Discloser Agreement

CONFIDENTIALITY / NON DISCLOSURE AGREEMENT

This CONFIDENTIALITY AGREEMENT (the “Agreement”) entered into on this _ day of 2018, and shall be deemed to have become in full force and effect from (the “Effective Date”). BY and between M/s.__________________ a company incorporated under the provisions of the Companies Act, _________ in force in India, having its registered office at ______________________________________________ (hereinafter referred to as “--------” or „Vendor” which expression shall, unless it be repugnant or contrary to the context or meaning thereof, mean and include its, successors and permitted assigns) of the ONE PART AND Union Bank of India, a corresponding new bank constituted under section 3 of Banking Companies (Acquisition & Transfer of Undertakings) Act 1970 having its Head office at Union Bank Bhavan, VidhanBhavan Marg, Nariman Point, Mumbai – 400026 (hereinafter referred to as “Union Bank” or “Bank” which expression shall, unless it be repugnant to the context or meaning thereof, mean and include its successors and permitted assigns), of the OTHER PART:

---------- and the Bank shall hereinafter jointly be referred to as “Parties” and individually as a “Party”. In this Agreement, “Affiliate” means any entity which from time to time Controls, is Controlled by or is under common Control with the relevant party or entity, where “Control” means having the ability (including, without limitation, by means of a majority of voting rights or the right to appoint or remove a majority of the board of directors) to control the management and policies of an entity. W H E R E A S:-

A. Vendor inter-alia is engaged in the business of providing IT related solutions & services to various business entities in India & abroad.

. B. Union Bank has agreed to disclose, transmit, receive, and/or exchange certain

“confidential information” to cover the business transaction between parties for the provision of services related to ” (“the Purpose”) as more particularly described in Purchase Order no , issued by Union Bank in favor of M/s. -----------------------.

NOW THIS AGREEMENT WITNESSETH: 1. Interpretation: In this Agreement “Confidential Information” means all information belonging to a Party that is or has been disclosed to one Party (the “Receiving Party”) by the other Party (the “Disclosing Party”) in connection with the business transacted/ to be transacted between the Parties. Confidential information shall also include any copy, abstract, extract, sample, note or module thereof. The Receiving Party may use the Confidential Information

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solely for and in connection with the business transacted/ to be transacted between the Parties. .

Notwithstanding the foregoing, “Confidential Information” shall not include any

information which the Receiving Party can show: (a) is now or subsequently becomes

or is in possession of the Receiving Party, legally and publicly available without breach

of this Agreement by the Receiving Party, (b) was rightfully in the possession of the

Receiving Party without any obligation of confidentiality prior to receiving it from the

Disclosing Party, (c) was rightfully obtained by the Receiving Party from a source other

than the Disclosing Party without any obligation of confidentiality, (d) was developed

by or for the Receiving Party independently and without reference to any Confidential

Information and such independent development can be shown by documentary

evidence, or (e) is disclosed pursuant to an order of a court or governmental agency as

so required by such order, provided that the Receiving Party shall, unless prohibited by

law or regulation, promptly notify the Disclosing Party of such order and afford the

Disclosing Party the opportunity to seek appropriate protective order relating to such

disclosure.

2. Confidentiality: 2.01 Except to the extent as agreed herein, the Receiving Party agrees to regard, preserve and keep as secret and confidential all Confidential Information of the Disclosing Party or its clients or any member of their group disclosed under this Agreement. In maintaining confidentiality hereunder the Receiving Party agrees and accepts that it shall not, either on its own account or jointly with or for any other person, firm, company or any other entity, without obtaining the written consent of the disclosing party; i) disclose, transmit, reproduce or make available any such Confidential Information to

any person firm, company or any other entity other than its directors, partners, advisers, agents or employees, who need to know the same for the purpose of evaluating, preparing, considering, negotiating, advising in relation to or in furtherance of the purpose aforesaid; or

ii) use the Confidential Information for any purpose other than evaluating, preparing, considering, negotiating, advising in relation to or in furtherance of the purpose for which it is disclosed; or

iii) disclose, announce or otherwise publicize the existence of its association with the Disclosing Party or the existence of the project with the Disclosing Party or any other arrangement (existing or possible) between the disclosing party, its clients or itself in connection with any project/assignment; or

iv) use any such Confidential Information for its own benefit or the benefit of others or do anything prejudicial to the interests of the Disclosing Party or its clients or any member of their group or their projects.

2.02 The Receiving Party also agrees and accepts that it may endeavor: i) use at least the same degree of care in safeguarding such Confidential Information as it

uses for its own Confidential information of like importance and such degree of care shall be at least that which is reasonably calculated to prevent such inadvertent disclosure;

ii) keep the Confidential Information and any copies thereof secure and in such a way so as to prevent unauthorized access by any third party;

iii) limit access to such Confidential Information to those of its (including its Affiliates‟) directors, partners, advisers, agents or employees who are directly involved in the

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consideration/evaluation of the Confidential Information and bind each of its directors, partners, advisers, agents or employees so involved to protect the Confidential Information in the manner prescribed in this Agreement; and

iv) upon discovery of any disclosure or suspected disclosure of Confidential Information, to take reasonable effort to as per the circumstances, to inform the Disclosing Party of such disclosure in writing and immediately return to the Disclosing Party all such Information, in whatsoever form, including any and all copies thereof.

3. Return or destruction: The Receiving Party may, upon completion of the purpose mentioned aforesaid or at any time on receipt of a written demand from the disclosing party: i) immediately return all written Confidential Information and all copies thereof provided

to, or produced by, it or its advisers, as the case may be, which is in such party‟s possession or under its custody and control;

ii) to the extent practicable, but without prejudice to the obligations of confidentiality herein, immediately destroy all analyses, compilations, notes, studies, memoranda or other documents prepared by it or its advisers to the extent that the same contain, reflect or derive from Confidential Information relating to the other party;

iii) so far as it is practicable to do so (but, in any event, without prejudice to the obligations of confidentiality contained in this Agreement), immediately expunge any Confidential Information relating to the Disclosing Party or its clients or any member of their group or their projects from any computer, word processor or other device in its possession or under its custody and control.

Permitted disclosure: The provisions of paragraph 2 shall not restrict any disclosure required by law or by any court of competent jurisdiction, the rules and regulations of any recognized stock exchange or any enquiry or investigation by any governmental, official or regulatory body which is lawfully entitled to require any such disclosure provided that, so far as it is lawful and practical to do so prior to such disclosure, the Receiving Party shall promptly notify the other party of such requirement with a view to providing the opportunity for the Provider to contest such disclosure or otherwise to agree the timing and content of such disclosure. 4. Ownership of Information: Except to the extent as agreed herein, the Confidential Information and copies thereof, in whatsoever form shall at all times remain the property of the Disclosing Party or its clients and its disclosure shall not confer on the Receiving Party any rights (including any intellectual property rights) over the Confidential Information whatsoever beyond those contained in this Agreement. 5. No Representation: Neither the disclosure, transmission receipt or exchange of Confidential Information nor anything else in this Agreement will constitute an offer by or on behalf of the Disclosing Party or be construed as soliciting any business or organization changes or any assurance of any business commitment or an inducement to incur / undertake any obligations not specified herein and neither party will be under any obligation to accept any offer or proposal which may be made by the other or on behalf of such other party.

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6. Remedies and Relief: The parties hereto acknowledge that remedies at law may be inadequate to protect the Disclosing Party or its clients against any actual breach of this Agreement by the Receiving Party, and, without prejudice to any other right and remedies otherwise available to the Disclosing Party or its clients, the Receiving Party agrees that Disclosing Party has a right to seek injunctive relief in its favor upon proof of actual damage and upon establishment of the fact that such actual damage has taken place due to reasons directly attributable upon the Receiving Party. Such injunctive relief shall be in addition to any other remedies available hereunder, whether at law or equity. Disclosing Party shall be entitled to recover its cost and fees, including Advocate‟s fees, incurred in obtaining any such relief. Further, in the event of litigation relating to this Agreement, the prevailing party shall be entitled to recover its cost and expenses including Advocate‟s fees. 7. No Assignment: This Agreement shall not be assigned by either party, by operation of law or otherwise, without the prior written consent of the other party. This Agreement shall inure to the benefit of and will be binding upon the parties‟ respective successors and permitted assigns. 8. Severability: In the event that any of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect by a Court of competent jurisdiction, the validity, legality, or enforceability of the remaining provisions contained in this agreement will not be in any way affected or impaired by such a finding. 9. Delay or Waiver: No delay or failure of either Party in exercising any right hereunder and no partial or single exercise thereof shall be deemed of itself to constitute a waiver or an expectation of non-enforcement of such right or any other rights hereunder. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced. A waiver or consent given by either party on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion. 10. Notices: Notices as required by this Agreement shall be sent to the Parties at the addresses mentioned first herein above or such other addresses as the Parties may designate from time to time, and shall be sent by certified or registered mail with acknowledgement due on receipt. 11. Term

This Agreement shall commence from the Effective Date of this Agreement and shall be valid for a period of ---------------- years there from. Confidentiality obligations under this Agreement shall continue to be binding and applicable without limit in point in time except and until such information enters the public domain, without breach of the agreement. Either Party may terminate this Agreement for breach, if the defaulting Party fails to rectify the breach within the one month notice period issued by the non-defaulting Party. Upon expiration or termination as contemplated herein the Receiving Party shall

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immediately cease any and all disclosures or uses of Confidential Information; and at the request of Disclosing Party, the Receiving Party shall promptly return or destroy all written, graphic or other tangible forms of the Confidential Information and all copies, abstracts, extracts, samples, notes or modules thereof. 12. Governing Law:

The provisions of this Agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Mumbai.

13. Indemnity:

The Receiving Party agree to indemnify and hold harmless the Disclosures against all costs, liability, losses and claims incurred by the Disclosing Party as a result of a breach of this Agreement. 14. Modification:

Modification to any of the provisions of this Agreement shall be void unless it is writing and duly executed by Parties. 15. Headings: The headings given herein above are for ease of reference only and shall not attach or have any effect/ meaning whatsoever contrary to what is stated in the agreement. 16. Counterparts: This Agreement has been signed in duplicate, each of which shall be deemed to be an original. The exchange of a fully executed Agreement (in counterparts or otherwise) by fax shall be sufficient to bind the parties to the terms and conditions of this Agreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE EXECUTED BY THEIR AUTHORIZED REPRESENTATIVES ON THIS ______ DAY OF ____ _____ 2018 Signed and delivered by Signed and delivered by M/s ________________________ Union Bank of India Signed by: Signed by: Name ……………….……….………. Name …………….……….…………… Title ……………………….………. Title ……………………….…………. in the presence of in the presence of ………………….…………………..…. ………………….……………..………...

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72 Annexure I - Format for Contract (Stamp paper)

SERVICES AGREEMENT This Services Agreement (the “Agreement”) is made on this ____th day of <Month>, <Year>; BY AND BETWEEN M/s UNION BANK OF INDIA, a Banking Company constituted under Banking Companies (Acquisition & Transfer of undertakings) Act, 1970 having its Registered Office at Technology Centre,1/1A-Adi Shankaracharya Marg, Opp. Powai Lake, Powai, Mumbai – 400072 (hereinafter referred to as “Union Bank”, which expression shall, unless repugnant to the context, include its successors and permitted assigns) of the One part; AND …………..<Vendor’s Name>………… , a company incorporated under the Indian Companies Act, 1956, having its Registered Office at ………………<address> (hereinafter referred to as ………“<Alternate name of vendor>”……., which expression shall, unless repugnant to the context, include its successors and permitted assigns of the Other Part; Union Bank and …….<Vendor>……. shall hereinafter be collectively referred to as “Parties” and each individually as “Party”.

WHEREAS:

A. A request for proposal dated ……….<Dated>……was floated by UNION BANK for appointing a …….<Service or Facility Name>………….(“RFP”).

B. Subsequent to the RFP, a bid was submitted by ……….<Vendor Name>……….. containing the proposal to …………..<Services>……… to Union Bank through its abovementioned RFP.

C. Union Bank after due verification of the bids including the documents and averments submitted to this effect by various bidders, has accepted the proposal submitted by the……<Vendor>……… for the delivery of the aforesaid goods and services and has been pleased to issue a purchase order no……….<PO NO. and Date>………. For…………..<Service description>……….. at a total annual recurring cost for the sum of Rs….. <amount>…… only ………<(Amount in words)>………..

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Agreement referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement:

(“Annexure IV”), Purchase Order on ……<Vendor>……. for …………..<Service description>……….. : ……….<PO NO. and Date>………. (“Annexure I”) and this Services Agreement and as amended time to time and further POs provided by Bank shall form part of this agreement.

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3. ………<Vendor >………covenants and undertakes to do the following-

3.1.1. During the Term of this Agreement, it shall provide the services as provided in

the Annexure I at Union Bank premises as per the documents mentioned in

clause 2 above (hereinafter referred to as “Services”).

3.1.2. It shall appoint special point of contact or SPOC to co-ordinate based on the

time to time requirements of Union Bank with regards to provision of

Services.

3.2. ……………..<Vendor>…. shall raise the invoice as per milestones mentioned in the

PO, as per SLA achieved, and Union Bank agrees to make the payment against submission of acceptance/ receipt sign off.

4. Union Bank hereby covenants and undertakes to do the following –

4.1. To pay the charges to ……<Vendor>……. in consideration of the goods and

services related to the PO and/ or RFP issued to M/s. ---------------- as per SLA achieved.

4.2. The Contract Price or such other sum as shall become payable under the provisions of the Agreement at the times and in the manner prescribed in the PO and or RFP.

4.3. ……<Vendor>……. shall have, free of charge, unimpeded access to all work places/ sites in respect of which access is required for the performance of the Services.

4.4. Share with ……<Vendor>……., details related to the policies, infrastructure architecture, and integration details etc. of its existing/ present system/network as and when so required by ……<Vendor>……..

4.5. Coordinate and ensure co-operation from any existing third party service provider and if necessary, modifications in the existing network/ system of Union Bank, to the satisfaction of technical committee consists of Union Bank and ……<Vendor>……. members, in terms of hardware, software and services.

4.6. In the event of scope of work being enlarged by the Bank after commencement of Agreement, the Bank shall pay for such enlarged scope of work, and for such extra item/s , at rates which would be discussed &mutually agreed upon between ……<Vendor>……. and Bank.

4.7. It shall provide the contact details of its SPOC as well as of the responsible

officials at each Site, to enable ……<Vendor>……. co-ordinate based on the time to time requirements of ……<Vendor>……. with regards to provision of Services.

5. This Agreement shall be deemed to have come into full force from ........<Starting Date>........ (“the Effective Date”) and shall remain in full force and effect till ........<End Date>......... _______________( effective date and end date inclusive), unless terminated earlier by Parties on mutual consent basis.

6. Each such counterpart shall constitute an original of this Agreement but the

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counterparts shall together constitute one and the same instrument.

7. The persons signing this Agreement on behalf of the respective Parties represent and covenant that they have the authority to sign and execute this document on behalf of the Parties for whom they are signing.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written. Signed, Sealed and Delivered on behalf of UNION BANK OF INDIA (Union Bank) Name: Designation: In the presence of _________________ Signed, Sealed and Delivered on behalf of……<Vendor>……. Name: Designation: Authorized Signatory In the presence of ___________________. Enclosed: A. Annexure I: Purchase Order on <bidder name>for ; B. Annexure II: Request For Proposal Dated <RFP submission date> was floated by

Union Bank for supply, installation, management and maintenance of Network switches at Data Centre at Powai and Facility management services for 5 years.

C. Annexure III: Pre-Bid Response Corrigendum or any from Union Bank; D. Annexure IV: The original true copy/ scan copy of the Bid Proposal submitted by

M/s.--------------------<bidder name> containing (i) the covering letter, (ii) the technical bid schedule , (iii) the commercial bid containing Price Schedule and (iv) all other miscellaneous supporting documents including the true copy/ scan copy of the EMD and the Performance Bank Guarantee submitted by <M/s. Bidder name> as part of its Bid.

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73 Annexure J - Format for Performance Bank Guarantee To, Union Bank of India Technology Centre, Opp. Powai Lake, Powai (Andheri East), Mumbai 400072 Dear Sir, In response to your invitation for the bids for engagement of vendor for ………………<Services>………, ……………………<Vendor>…………………………………. (hereafter called as Vendor) having their registered office at ……………..<address>…………………………………..has been selected vendor for the purpose and accordingly you have issued a purchase order no. ………<PO No and date>…………….. for ……………<Service>…………. We have accepted the purchase order and agreed to provide the services and also, to provide an unconditional and irrevocable performance guarantee, in favour of your Bank, from a bank acceptable to your Bank for securing the faithful observance and performance of the terms ,conditions, stipulations, provisions of the purchase order No……….<PO No. and date>………….. Whereas at the request of the vendor, we, ………………………………….. having our head office at …………………………………………………………………………………………………………………….. hereby irrevocably guarantee an amount of Rs.……….<amount>…………….. as performance security as required to be submitted by the „Vendor‟ as a condition stipulated in the purchase Order, towards faithful observance and performance by the vendor of the terms and conditions of the said purchase order. The security for which this performance guarantee is given is liable to be enforced/ invoked:

1. If the Vendors, defaults in the faithful observance and performance of the terms, conditions, covenants, stipulations, provisions of the said Purchase order.

2. If the Vendors refuses to enter into the written contract within the stipulated time in accordance with the Terms and Conditions of the purchase order, or on the terms and conditions as may mutually agreed between your Bank and the Vendor subsequently.

We undertake to pay immediately on demand to Union Bank of India, the said amount of Rs.………….<amount>………. only without any reservation, protest, demur, or recourse. The said guarantee is liable to be invoked/ enforced on the happening of the contingencies as mentioned above and we shall pay the amount on any Demand made by Union Bank of India which shall be conclusive and binding on us irrespective of any dispute or difference raised by the bidder. Notwithstanding anything contained herein:

1) Our liability under this Bank guarantee shall not exceed Rs.……….<amount>….

2) This Bank guarantee will be valid up to ………………<Expiry Date>……….. with a claim period of 60 days

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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 ………….<Expiry date>……….

In witness whereof the Bank, through the authorized officer has sets its hand and stamp on this _______________ day of __________________ at _________________ Signature: Seal of company

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74 Annexure K - Pre-Contract Integrity Pact (On Plain Paper)

Tender Ref. No: UBI/DIT/2018-19/Data Centre Fabric

INTEGRITY PACT

Whereas Union Bank of India having its registered office at Union Bank Bhavan, 239,

Vidhan Bhavan Marg, Nariman Point, Mumbai, India -400 021 acting through its Information

Technology Department, represented by General Manager / Dy. General Manager

hereinafter referred to as the Buyer and the first party, proposes to procure (Name or

category of the Equipment, services, etc.) hereinafter referred to as Stores and / or

Services.

And

M/s ________________________________represented

by________________________________, (which term, unless expressly indicated by the

contract, shall be deemed to include its successors and its assignee), hereinafter referred

to as the bidder/seller and the second party, is willing to offer/has offered the Stores and

/ or Services.

2. Whereas the Bidder/Seller is a private company/public company/

/partnership/registered export agency, constituted in accordance with the relevant law in

the matter and the BUYER is a Public Sector Undertaking and registered under Companies

Act 1956. Buyer and Bidder/Seller shall hereinafter be individually referred to as “Party”

or collectively as the “parties”, as the context may require.

3. Preamble

Buyer has called for tenders under laid down organizational procedures intending to enter

into contract /s for supply / purchase / etc of

___________________________________________________ and the Bidder /Seller is one

amongst several bidders /Proprietary Bidder /Customer Nominated Source/Licensor who

has indicated a desire to bid/supply in such tendering process. The Buyer values and takes

primary responsibility for values full compliance with all relevant laws of the land, rules,

regulations, economic use of resources and of fairness / transparency in its relations with

its Bidder (s) and / or Seller(s).

In order to achieve these goals, the Buyer will appoint Independent External Monitor(s)

(IEM) in consultation with Central Vigilance Commission, who will monitor the tender

process and the execution of the contract for compliance with the principles mentioned

above.

4. Commitments of the Buyer

4. 1 The Buyer commits itself to take all measures necessary to prevent corruption and

fraudulent practices and to observe the following principles:-

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(i) No employee of the Buyer, personally or through family members, will in

connection with the tender, or the execution of a 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.

(ii) The Buyer will during the tender process treat all Bidder(s) /Seller(s) with

equity and reason. The Buyer will in particular, before and during the

tender process, provide to all Bidder (s) /Seller(s) the same information and

will not provide to any Bidders(s) /Seller(s) confidential /additional

information through which the Bidder(s) / Seller(s) could obtain an

advantage in relation to the process or the contract execution.

(iii) The Buyer will exclude from the process all known prejudiced persons.

4.2 If the Buyer obtains information on the conduct of any of its employees which is a

criminal offence under the Indian Legislation Prevention of Corruption Act 1988 as

amended from time to time or if there be a substantive suspicion in this regard, the Buyer

will inform to its Chief Vigilance Officer and in addition can initiate disciplinary action.

5 Commitments of the Bidder(s) /Seller(s):

5.1 The Bidder(s)/ Seller(s) commit itself to take necessary measures to prevent

corruption. He commits himself to observe the following principles during his participation

in the tender process and during the contract execution.

(i) The Bidder(s) /Seller(s) will not directly or through any other persons or

firm, offer promise or give to any of the Buyer‟s employees involved in the

tender process or the 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 during the tendering or qualification

process or during the execution of the contract.

(ii) The Bidder(s) /Seller(s) will not enter with other Bidders / Sellers 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 competitiveness or to introduce cartelization in the bidding process.

(iii) The bidder(s) /Seller(s) will not commit any offence under the Indian

legislation, Prevention of Corruption Act, 1988 as amended from time to

time. Further, the Bidder(s) /Seller(s) will not use improperly, for

purposes of competition or personal gain, or pass on to others, any

information or document provided by the Buyer as part of the business

relationship, regarding plans, technical proposals and business details,

including information constrained or transmitted electronically.

(iv) The Bidder(s) /Seller(s) shall ensure compliance of the provisions of this

Integrity Pact by its sub-supplier(s) / sub-contractor(s), if any, Further, the

Bidder /Seller shall be held responsible for any violation/breach of the

provisions by its sub-supplier(s) /Sub-contractor(s).

5.2 The Bidder(s) /Seller(s) shall ensure compliance of the provisions of this Integrity Pact

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by its sub-supplier(s) / sub-contractor(s), if any, Further, the Bidder /Seller shall be held

responsible for any violation /breach of the provisions by its sub-supplier(s) /sub-

contractor(s).

5.3 The Bidder(s) /Seller(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

5.4 Agents / Agency Commission

The Bidder /Seller confirms and declares to the Buyer that the bidder/Seller is the original

manufacturer/authorized distributor / stockiest of original manufacturer or Govt.

Sponsored /Designated Export Agencies (applicable in case of countries where domestic

laws do not permit direct export by OEMS of the stores and /or Services referred to in this

tender / Offer / contract / Purchase Order and has not engaged any individual or firm,

whether Indian or Foreign whatsoever, to intercede, facilitate or in any way to

recommend to Buyer or any of its functionaries, whether officially or unofficially, to the

award of the tender / contract / Purchase order to the Seller/Bidder; nor has any amount

been paid, promised or intended to be paid to any such individual or firm in respect of any

such intercession, facilitation or recommendation. The Seller / Bidder agrees that if it is

established at any time to the satisfaction of the Buyer that the present declaration is in

anyway incorrect or if at a later stage it is discovered by the Buyer that the Seller

incorrect or if at a later stage it is discovered by the Buyer that the Seller/Bidder has

engaged any such individual /firm, and paid or intended to pay any amount, gift, reward,

fees, commission or consideration to such person, party, firm or institution, whether

before or after the signing of this contract /Purchase order, the Seller /Bidder will be

liable to refund that amount to the Buyer. The Seller will also be debarred from

participating in any RFP / Tender for new projects / program with Buyer for a minimum

period of five years. The Buyer will also have a right to consider cancellation of the

Contract / Purchase order either wholly or in part, without any entitlement of

compensation to the Seller /Bidder who shall in such event be liable to refund agents /

agency commission payments to the buyer made by the Seller /Bidder along with interest

at the rate of 2% per annum above LIBOR (London Inter Bank Offer Rate) (for foreign

bidders) and Base Rate of SBI (State Bank of India) plus 2% (for Indian bidders). The Buyer

will also have the right to recover any such amount from any contracts / Purchase order

concluded earlier or later with Buyer.

6. Previous Transgression

6.1 The Bidder /Seller declares that no previous transgressions have occurred in the

last three years from the date of signing of this Integrity Pact with any other company in

any country conforming to the anti corruption approach or with any other Public Sector

Enterprise in India that could justify Bidder‟s /Seller‟s exclusion from the tender process.

6.2 If the Bidder /Seller makes incorrect statement on this subject, Bidder /Seller can

be disqualified from the tender process or the contract, if already awarded, can be

terminated for such reason without any liability whatsoever on the Buyer.

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7. Company Code of Conduct

Bidders /Sellers are also advised to have a company code of conduct (clearly rejecting the

use of bribes and other unethical behavior) and a compliance program for the

implementation of the code of conduct throughout the company.

8. Sanctions for Violation

8.1 If the Bidder(s) /Seller(s), before award or during execution has committed a

transgression through a violation of Clause 5, above or in any other form such as to put his

reliability or credibility in question, the Buyer is entitled to disqualify the Bidder(s) /Seller

(s) from the tender process or take action as per the procedure mentioned herein below:

(i) To disqualify the Bidder /Seller with the tender process and exclusion from

future contracts.

(ii) To debar the Bidder /Seller from entering into any bid from Buyer for a

period of two years.

(iii) To immediately cancel the contract, if already signed /awarded without

any liability on the Buyer to compensate the Bidder /Seller for damages, if

any. Subject to Clause 5, any lawful payment due to the Bidder/Seller for

supplies effected till date of termination would be made in normal course.

(iv) To encash EMD /Advance Bank Guarantees / Performance Bonds /

Warranty Bonds, etc. which may have been furnished by the Bidder /Seller

to the extent of the undelivered Stores and / or Services.

8.2 If the Buyer obtains Knowledge of conduct of Bidder /Seller or of an employee or

representative or an associate of Bidder /Seller which constitutes corruption, or if the

Buyer has substantive suspicion in this regard, the Buyer will inform to its Chief Vigilance

Officer.

9. Compensation for Damages

9.1 If the Buyer has disqualified the Bidder(s) /Seller(s) from the tender process prior

to the award according to Clause 8, the Buyer is entitled to demand and recover the

damages equivalent to Earnest Money Deposit in case of open tendering.

9.2 If the Buyer has terminated the contract according to Clause 8, or if the Buyer is

entitled to terminate the contract according to Clause 8, the Buyer shall be entitled to

encash the advance bank guarantee and performance bond / warranty bond, if furnished

by the Bidder / Seller, in order to recover the payments, already made by the Buyer for

undelivered Stores and / or Services.

10. Price Fall Clause

The Bidder undertakes that it has not supplied /is not supplying same or similar

product/systems or subsystems at a price lower than that offered in the present Bid in

respect of any other Ministry /Department of the Government of India or PSU or Coal India

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Ltd and its subsidiaries during the currency of the contract and if it is found at any stage

that same or similar product /Systems or Subsystems was supplied by the Bidder to any

other Ministry /Department of the Government of India or a PSU or any Public Sector Bank

at a lower price during the currency of the contract, then that very price will be

applicable to the present case and the difference in the cost would be refunded by the

Bidder to the Buyer, if the contract has already been concluded”.

11. Independent External Monitor(s)

11.1 The Buyer has appointed independent External Monitors for this Integrity Pact in

consultation with the Central Vigilance Commission (Names and Addresses of the Monitors

to be given in RFP).

11.2 As soon as the integrity Pact is signed, the Buyer shall provide a copy thereof,

along with a brief background of the case to the independent External Monitors.

11.3 The Bidder(s) / Seller(s) if they deem it necessary, May furnish any information as

relevant to their bid to the Independent External Monitors.

11.4 If any complaint with regard to violation of the IP is received by the buyer in a

procurement case, the buyer shall refer the complaint to the Independent External

Monitors for their comments / enquiry.

11.5 If the Independent External Monitors need to peruse the records of the buyer in

connection with the complaint sent to them by the buyer, the buyer shall make

arrangement for such perusal of records by the independent External Monitors.

11.6 The report of enquiry, if any, made by the Independent External Monitors shall be

submitted to MD & CEO, Union Bank Of India, Union Bank Bhavan, Vidhan Bhavan Marg,

Nariman Point, Mumbai -21 within 2 weeks, for a final and appropriate decision in the

matter keeping in view the provision of this Integrity Pact.

12. Law and Place of Jurisdiction

This Integrity Pact is subject to Indian Laws, and exclusive Jurisdiction of Courts at

Mumbai, India.

13. 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 provision of the extant law in force relating to any

civil or criminal proceedings.

14. Integrity Pact Duration.

14.1 This Integrity Pact begins when both parties have legally signed it. It expires for the successful Bidder / Seller 10 months after the last payment under the

contract, and for all other Bidders / Sellers within 6 months form date of placement of order / finalization of contract.

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14.2 If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this Integrity Pact as specified above, unless it is discharged / determined by MD & CEO, Union Bank of India. 14.3 Should one or several provisions of this Integrity Pact turn out to be invalid, the reminder of this Integrity Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions. 15 Other Provisions 15.1 Changes and supplements need to be made in writing. Side agreements have not been made. 15.2 The Bidders (s)/ Sellers (s) signing this IP shall not initiate any Legal action or approach any court of law during the examination of any allegations/complaint by IEM and until the IEM delivers its report. 15.3 In view of nature of this Integrity Pact, this Integrity Pact shall not be terminated by any party and will subsist throughout its stated period. 15.4 Nothing contained in this Integrity Pact shall be deemed to assure the bidder / Seller of any success or otherwise in the tendering process. 16. This Integrity Pact is signed with Union Bank of India exclusively and hence shall not be treated as precedence for signing of IP with MoD or any other Organization. 17. The Parties here by sign this Integrity Pact at________________on ________________ (Seller/Bidder) and ___________on __________ (Buyer) BUYER BIDDER * /SELLER* Signature: Signature: General Manager/Dy G M, Authorized Signatory (*) Union Bank of India, ___________________ …………………………..Division Date: Date: Stamp: Stamp: Witness Witness 1. ______________________ 1. ______________________

______________________ ______________________ 2.______________________ 2. ______________________ ______________________ ______________________ (*) – Authorized signatory of the company who has also signed and submitted The main bid

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75 Annexure L - Know Your Employee (KYE) Clause

(Bidder has to submit Undertaking on company letter head as per format given below).

1. We ______________________ (name of the company) hereby confirm that all the Resource (both on-site and off-site) deployed/to be deployed on Bank‟s project for ________________ (Name of the RFP) have undergone KYE (Know Your Employee) process and requisite checks have been performed prior to employment of said employees as per our policy. 2. We undertake and agree to save defend and keep harmless and indemnified the Bank against all loss, cost, damages , claim penalties expenses, legal liability because of non compliance of KYE and of misconduct of the employee deployed by us to the Bank. 3. We further agree to submit the required supporting documents (Process of screening, Background verification report, police verification report, character certificate, ID card copy, Educational document, etc) to Bank before deploying officials in Bank premises for ________________ (Name of the RFP).”

Signature of Competent Authority with company seal ________________________________ Name of Competent Authority __________________________________ Company / Organization __________________________________ Designation within Company / Organization______________________________ Date ________________ Name of Authorized Representative __________________________________ Designation of Authorized Representative________________________________ Signature of Authorized Representative __________________________________ Verified above signature Signature of Competent Authority__________________________________ Date ________________

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76 Annexure M - Format for Clarification/Queries

Bidders have to provide their queries on eligibility criteria, scope of work, terms & conditions etc. in excel format as mentioned below. Bidders are requested to categorize their queries under appropriate headings. Bidders are requested to provide a reference of the page number, state the clarification point and the queries/suggestion/deviation that they propose as shown below (all the pre bid queries will be entertained in this Microsoft Excel format by e-mail):

Sr. no.

RFP clause

no.

Sub-clause

no.

Page no.

Clause as per RFP document

Query

1

2

3

4

5

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77 Annexure N - Undertaking of Information Security

(This letter should be on the letterhead of the bidder as well as the OEM/

Manufacturer duly signed by an authorized signatory on Information security as per regulatory requirement)

Place: Date: To: The General Manager, Union Bank of India, 5th floor, Technology Centre, 1/1A, Adi Shankaracharya Marg, Opp. Powai Lake, Powai, Andheri (East), Mumbai‐400072. Sir,

Subject: Request for RFP for procurement of SDN Ready Data Centre Fabric

We hereby undertake that the proposed solution / software / hardware to be supplied will be free of malware, free of any obvious bugs and free of any covert channels in the code (of the version of the application being delivered as well as any subsequent versions/modifications done) Yours faithfully, Authorized Signatory Name: Designation: Bidder‟s Corporate Name Address Email and Phone #

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78 Annexure O - Reference Site Details

The reference sites submitted must be necessarily of those Banks/Companies where the bidder has been awarded the contract prior to date of issuance of RFP. For those references where the offered solution is accepted but implementation is not started, the acceptance should be valid as on the last date for submission of bids at Union Bank of India. Please provide reference details in the format defined below:

Particulars Response

Name of the Bank/ Financial Institution

Country of Operation

Address of the Organization

Date of Commencement of Project

Date of Completion of Project (if completed)

Status (Completed/ in progress) Scope of Work for Solution

Name of the contact person for reference

Contact details of contact person

Project Details

(Enclose necessary documentary proof) Place: Date: Signature: Name & Designation: Business Address:

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79 Annexure P - Letter for Refund of EMD

LETTER FOR REFUND OF EMD (To be submitted by the unsuccessful bidders)

Date: To, The General Manager, Union Bank of India, Technology Centre, 1/1A, Adi Shankaracharya Marg, Opp. Powai Lake, Powai, Andheri (East), Mumbai‐400072. We ______________________________________________(Company Name) had participated in the RFP for procurement of SDN Ready Data Centre Fabric and we are an unsuccessful bidder. Kindly refund the EMD submitted for participation. Details of EMD submitted are as follows

Sr. No Bidder Name Cheque / DD Number

Drawn on (Bank Name

Amount(Rs.)

Bank details to which the money needs to be credited via NEFT are as follows 1. Name of the Bank with Branch 2. Account Type 3. Account Title 4. Account Number 5. IFSC Code Sign Name of the signatory Designation Company Seal

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80 Annexure Q - Undertaking of Authenticity for Network Equipments

Date:

Place:

To General Manager, Union Bank of India,

Department of Information Technology, 1/1A, Adi Shankaracharya Marg, JVLR, Opp. Powai Lake (Andheri East), Powai (Andheri East), Mumbai 400072.

Sub: Supply of SDN Ready Data Centre Fabric

Dear Sir,

With reference to the subject matter, we hereby undertake that all the components/parts/assembly/software used in the SDN ready Data Centre Fabric Equipments shall be original and new components / products only, from respective OEMs of the products and that no refurbished / duplicate / second hand components / Parts / Assembly / Software are being used or shall be used.

We also undertake that in respect of licensed operating system/other required software, if any, the same shall be supplied along with the authorized license certificate (e.g. Product Keys, if any on Certification of Authenticity) and also that it shall be sourced from the authorized source (e.g. Authorized Microsoft Channel in case of Microsoft Operating System).

Should you require, we hereby undertake to produce the certificate from our OEM supplier in support of above undertaking at the time of delivery / installation. It will be our responsibility to produce such letters from our OEM Supplier‟s at the time of delivery or within a reasonable time.

In case of default and we are unable to comply with above at the time of delivery or during installation, we agree to take back the Data Centre Fabric equipment without demur, if already supplied and return the money if any paid to us by you in this regard.

We (system OEM name) also take full responsibility of both Parts & Service SLA as per the content even if there is any defect by our authorized Service Centre / Reseller / SI etc.

Authorized Signatory Name: Designation: Place: Date: