RBI RFP For Automation System Development
RBI RFP For Automation System Development
Sealed tenders are invited for the above mentioned project in Mumbai for
Automation of Major Activities & Development of an Integrated Database
Management System in the Balance of Payments Statistics Division (BPSD) in
the Department of Statistical Analysis and Computer Services (DESACS) of the
Reserve Bank of India (RBI). Details about the project are given below. Only
eligible vendors as per the guidelines mentioned therein need to apply. 'Format of
Response' and the 'Format for the Compliance Statement to be submitted along
with the tender' are also presented in the RFP document of the project
mentioned.
Eligible and interested vendors seeking clarification may attend a pre-bid meeting
with RBI officials to be held on July 11, 2005 at 3-00 PM in the Conference Room
(C8, 4-th floor), Department of Statistical Analysis and Computer Services,
Reserve Bank of India, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051.
(Tel: 022-2657 2513, 022-2657 1265; Fax: 022-26570848, Email:
[email protected], [email protected]; Contact person: Dr. A.K. Srimany,
Director or Dr. P. Bhuyan, Assistant Adviser).
I. Introduction
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4 NRD-CSR Maintenance of Non-resident Deposit received
through a comprehensive single return
Functional area wise objectives under the project are stated in detail in Section-II.
The broad objectives of the project as mentioned there in are summarized below:
(v) Automatic flash for defaulters for non-submission of data. The same is
to be reported to FED automatically on regular interval and also to
respective bank head offices and other concerned agencies.
(vi) Compilation of Balance of Payment (BoP) and International Investment
Position (InIP) and other statistics/ standard reports;
(vii) Generation of ad hoc, and exception reports
(viii) Easy querying
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(c) systems in the FED [Foreign Investment Division (FED), Overseas
Investment division (OID)];
(d) systems in the DEAP (Exchange rate and short term credit);
Phase-1 of the project has been completed and the work of System
Development, based on the SRS report and System Design Document (SDD)
submitted by the consultant appointed for this, is now proposed to be taken up.
Therefore, RBI now intends to select a suitable agency for the role of “Systems
Developer” who would carry out the work of Phase-2.
This Request for Proposal (RFP) is to select a company for the role of “System
Developer”. The vendors are requested to give technical and commercial
proposals for the role of System Developer to carry out the activities detailed in
this document. A pre-bid meeting of eligible and interested vendors seeking
clarification will be held with RBI officials on July 11, 2005 at 3-00 PM in the
Conference Room (C8, 4-th floor), Department of Statistical Analysis and
Computer Services, Reserve Bank of India, Bandra Kurla Complex, Bandra (E),
Mumbai - 400 051. (Tel: 022-2657 2513, 022-2657 1265; Fax: 022-26570848;
(Tel: 022-2657 2513, 022-2657 1265; Fax: 022-26570848, Email:
[email protected], [email protected]; Contact person: Dr. A.K. Srimany,
Director or Dr. P. Bhuyan, Assistant Adviser). Copies of SRS report and System
Design Document (SDD) prepared in the Phase-1 as mentioned above, will be
given to eligible and interested vendors free of cost.
(i) The work of phase (2) has to be completed based on the SRS & SDD
prepared in Phase-I within six months from the date of signing the
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contract; during this stage, any modification in the system design
based on recent development, if required, may also have to be carried
out.
(ii) The software should be such that it meets all the objectives mentioned
in Section II and all tasks are done with minimal manual intervention;
(iii) ORACLE10g is likely to be the platform where master data files will be
maintained finally;
(iv) The system has to be developed using J2EE technology (Windows
environment) as mentioned in the SRS and SDD prepared in the
Phase-I and implemented in the existing Hardware in the BPSD
(existing Hardware Specification: Pentium based machine; Windows
platform);
(v) All data entry screens are to be developed in bilingual form in English
as well as in Hindi;
(vi) SAS/SPSS, etc., will be used for analysis of the data;
(vii) The entire work on the System development (excluding testing and
implementation) has to be carried out offsite i.e. RBI premises will not
be available for developing the system;
(viii) However, the Vendor should ensure availability of technical supporting
team in Mumbai as and when required during the contract period.
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II: Functional area wise objectives
1.1 Exports
This sub-section deals with the following data (received either fortnightly or
monthly):
(i) exports original (GR/PP/DTR/Shutout/Short-Shipment) received from
Customs;
(ii) ENC data (exports data received from ADs);
(iii) monthly average exchange rate data.
(D) Maintenance of complete master data files for the above data
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(ii) Automation for handling Frequently Asked Queries (FAQs) from FED, CBI,
Enforcement Directorate (ED), etc.
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1.2. FET-ERS, BAL & NRG
This sub-section deals with the following data (received either fortnightly or
monthly):
(i) Data received from the ADs through the Foreign Exchange
Transaction- Electronic Reporting System (FET-ERS);
(ii) Data on Banks' assets and liabilities (BAL);
(iii) Data on Non-resident Governments (NRG) Accounts.
(A) FET-ERS
(i) Automation of receipt of FET-ERS data from ADs directly;
(v) Automatic flash for defaulting banks and branches for non-submission
of data. The same is to be reported to FED ROs automatically on
regular interval and also to respective bank head offices.
(vi) Generation of Statistics/Reports.
(iii) Preparing final estimate within seven and half months (7.5 months) time
gap considering data reported later and corrected records either from
this database or from CDBMS;
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2. Software Exports and Foreign Investment Survey (FIS) Section
Maintenance of data received through the Softex forms either directly from FED
offices or from the three ROs of the DESACS. Present maintenance system of
the data are similar in nature to the exports data mentioned in the Exports
Section.
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3. External Commercial Borrowing (ECB) Section
This section maintains external debt data received through the form-83 and
ECB2 returns.
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4. Non Resident Deposit-Comprehensive Single Return (NRD-CSR)
This sub-section deals with the data (received monthly) from the ADs through the
Non Resident Deposit-Comprehensive Single Return (NRD-CSR) system.
(iv) Automatic flash for defaulting banks for non-submission of data. The
same is to be reported to FED automatically on regular interval.
(ii) Facility to prepare quick estimates within one and half months (1.5
months) time gap as per desired method;
(iii) Reformatting NRD-CSR data in ASCII file for loading into the CS-DRMS;
(iv) Preparing final estimate within seven and half months (7.5 months) time
gap considering data reported later and corrected records either from
this database or from CDBMS;
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III. Responsibilities and Deliverables of “System
Developer”
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5. User Application Development: Developing end user applications,
navigation, development of reports, user interface for ad-hoc queries, facilities
to export /import data to/from other popular productivity tools such as word
processors, spreadsheets etc. The user should only see the portions of
IDBMS, which he is authorized to view and access based on the login names.
6. User Accounts and Access Controls: Creation of user accounts and
mapping access privileges to user accounts, Ensuring security maintenance
procedures are in place (e.g., force changes in passwords with specified
frequency). [User accounts will have to be created for all the tasks. The login
procedures for each tasks will have to be coordinated such that user will not
be required to authenticate for each tasks / application. A single logon should
be sufficient authentication for all the applications and services of IDBMS.]
7. Documentation: The System Developer will prepare system document.
Operations manual for the management of IDBMS will have to be prepared.
User manual for different level of user also will have to be prepared.
8. Training: Training programmes should be provided to various user groups,
such as system administrators, data entry operators, clerks and officers. The
training for the system administrators should be sufficiently detailed so as to
enable them to undertake maintenance work internally. Training on SQL for 3
to 4 days should also be given.
9. Backup and Maintenance: The backup and maintenance plan has to be
prepared along with the necessary programs.
10. Acceptance of System: Acceptance of the software will be based on the
recommendation of the committee formed by the Department for this
purpose.
11. Warranty: The System Developer shall give warranty for a period of one year
commencing from the date of the issue of acceptance certificate. Parallel run
of the new system and old system will also be done during this period. During
this period the warranty will be unconditional and any correction and/or
replacements required to be made to the system regardless of the cost or
resources required, will be made by the System Developer at his own cost
and at no charge to the RBI.
12. Annual Maintenance Charges: The Comprehensive Annual Maintenance
Contract (AMC) shall be for the period of seven years, on expiry of the
warranty period. The rate for providing Comprehensive Annual Maintenance
Service after the expiry of the one year warranty period should be quoted in
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the Commercial Bid. This rate shall remain firm and valid for a period of
seven years from the date of expiry of the warranty period. Annual Service
Contract amount shall be paid on half yearly basis on rendering satisfactory
services. The service contract shall be renewed annually excluding one year
warranty period.
13. Performance Bank Guarantee during AMC period for the system
developed: As security for due fulfillment of the terms and the obligation of
the service contract for of seven years, the vendor shall furnish a Bank
Guarantee, in the form of Performance Guarantee for AMC. The amount of
the performance bank guarantee will be seven times the amount of one year
comprehensive AMC quoted by the bidder and will be reduced by 1/5th of the
initial guarantee amount, year after year at the time of renewal of the AMC
contract. The format will be same as Performance Bank Guarantee furnished
in Appendix -2.
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IV. Vendor's Eligibility
Only such of those bidders who qualify the following criteria are eligible to
participate in this tender.
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V. Instructions to Vendors
All tenders shall be prepared and submitted by typing or printing with indelible
black ink on white paper in consecutively numbered pages and be in solid binding
and each page signed. The number of copies of each bid to be submitted is
stipulated below.
1. Responding procedure
(i) Vendors are requested to provide their response as per the requirements
stipulated in the present RFP. The specifications and commercial conditions
contained in this RFP define the basic requirement with regard to this RFP prior
to award of the Contract. RBI reserves the right to amend these specifications
and commercial conditions in order to correct errors, rectify omissions or
discrepancies. Any amendment in the specifications and commercial conditions
shall be effected by issue of addendum. Addenda to the RFP documents may be
issued by RBI until eight days before the RFP Closing Date in order to notify
clarifications and/or modifications. Each addendum to be issued will be
numbered sequentially to all those who have been issued with the RFP
documents who shall acknowledge receipt of each addendum by signing and
returning the appropriate appendices. All addenda issued will become part of the
RFP documents.
(ii) No verbal communication with any officer, agent, or employee of RBI shall be
deemed to affect or modify any of the terms or obligations of the RFP documents.
(iii) Vendors are under an obligation to seek clarification of all matters, which may
affect the prices, and sums quoted by it for the works, which the Vendor
considers, are unclear or, if in its opinion, there are discrepancies or omissions in
the RFP documents. Any clarification required by the Vendor is to be submitted
in writing to RBI not later than fourteen days before the RFP Closing Date. RBI
will not entertain any subsequent claim for additional sums in circumstances,
which should have been clarified under this section before submission of the
RFP.
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(iv) RBI reserves its right to issue any clarification or modification to the RFP
Document in such manner as it considers necessary. Any such clarification or
modification to the RFP Document in will be placed in the website of the Bank,
namely, http://www.rbi.org.in
(v) RBI reserves the right to withdraw the RFP at any time, before the signing of a
definitive Contract, for any reason and shall not be held liable in any respect for
any losses or damages caused by such withdrawal.
(vi) Vendor should submit sealed tender with description of the work, Tender
Number and last date of receipt of tender superscribed thereon. The full name,
postal address, telegraphic address and telex/ telephone / fax number / e-mail
address of the Vendor shall be written on the bottom left corner of the sealed
envelopes.
(viii) The tender shall be prepared and submitted in 2 (two) parts, in two separate
sealed envelopes, as follows:
PART – I: TECHNICAL
Detailed basis for calculation of the total price must be given. The Vendor
shall quote a firm price and no escalation of any form shall be admissible.
(ix) Insertion, postscript, addition and alteration shall not be recognized unless
confirmed by the Vendor’s signature.
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(x) All the copies of tenders shall be complete in all respects with all their
attachments/enclosures.
(xi) Delivery Method: Tenders must be delivered by hand or sent through post
or courier service as a postal article. Oral tenders and tenders submitted by
telegram, telex, facsimile, email etc. will not be admitted.
2. Submission of Proposals
(i) Vendor, in submitting their Proposal, must ensure that the Vendor’s
official organization stamp and authorised signature or initials appear
on all pages of the original set of documents.
(ii) Proposals must be signed with the registered name of the corporation,
by the President, Secretary, or other authorised person, followed by the
name and designation of the person signing, including a certified
document giving proof of authority to sign the Proposal.
(iii) Proposals by a group of two or more companies forming a joint venture
or consortium must be signed by each company and satisfactory proof
furnished with the Proposal that one person is authorised to act for all.
All of the members of a joint venture or consortium shall be jointly and
severally responsible for all the obligations of the Proposal and any
Contract entered into. In such an event, the memorandum of
understanding signed between the companies must also be enclosed.
If the Vendor proposes to associate with affiliated or non-affiliated
companies for the purpose of executing the Works, the status and
responsibilities of the other companies shall be stated clearly.
(iv) The Vendor shall satisfy the RBI that he possesses the necessary
experience and that he has at his disposal suitable modern facilities
and specialized employees to ensure that his work is of best quality
and workmanship according to the latest proven technology and
engineering practices. The Vendor shall satisfy the RBI that he is
financially in a position to fulfill contractual obligations offered to be
undertaken by him.
(v) The Vendor shall also satisfy the RBI that he is competent and legally
authorized to submit the tender and/or enter into a legally binding
Contract with the RBI.
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VI. Key Commercial Terms & Conditions
1. General
Once the designated vendor(s) is selected, RBI and such vendor shall sign a
contract, which shall contain the conditions and specifications set out in this RFP,
the Key Commercial Terms and Conditions as set out in this section and such
other terms and conditions as RBI may deem appropriate in the circumstances.
The designated vendor(s) shall also be requested to produce the Bank Guaranty
for Performance at the time of signing of the contract and the Bank Guarantee for
Advance Payment at the time of receiving the advance payment in the prescribed
formats as given in Appendix - 2 and Appendix - 3, respectively.
The tender should be for the complete scope of work and services. However, in
case of any exclusion, the Vendor should clearly and separately state the item(s)
not included in his tender along with any deviations to technical terms and
conditions. The RBI shall not consider any deviation/exclusion mentioned
elsewhere in the tender but not clearly stated under this section. The Vendor
shall also clearly indicate the services to be provided by the RBI, including RBI’s
obligations, if any.
3. Conduct of work
(i) The work shall be carried out by the Vendor under his overall
supervision and direction. The RBI shall have the right to inspect and
supervise the work at any time, which shall not, however, absolve in any
way the Vendor of his contractual obligations.
(ii) The entire work on the System development (excluding testing and
implementation) has to be carried out offsite i.e. RBI premises will not be
available for developing the system;
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(iii) However, the Vendor should ensure availability of technical supporting
team in Mumbai as and when required during the contract period.
(i) RBI requires the Vendor to specify details of the project leader
assigned for the contract with the name of individuals, position
description, and skill levels. The Vendor will have the right to replace a
specified person but RBI will have the right to set conditions as it may
consider necessary on its acceptance of such a replacement. The
Vendor will fully acquaint the project leader to fulfill its obligations
under the Contract. If a named individual is unavailable at any time,
the Vendor will promptly advise RBI and propose a substitute. RBI may
not unreasonably withhold its approval of a substitute but it may give
its approval subject to conditions;
(ii) The Vendor will provide suitable replacement personnel should RBI, on
reasonable grounds, deny access to anyone or request removal of a
person permitted access;
(iii) The Vendor will ensure that its personnel when on RBI’s premises or
when accessing RBI's facilities and information, comply, as necessary,
with the reasonable requirements and directions of RBI with regard to
conduct, behaviour, safety and security (including submitting to
security checks as required);
(iv) RBI shall have the right to interview all the vendor-assigned employees
before inducting them in the project.
(i) Each party acknowledges that all material and information, which has
or will come into the possession or knowledge of each in connection
with this contract or the performance hereof, consist of confidential and
proprietary data, whose disclosure to or use by third parties will be
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damaging. Both parties, therefore, agree to hold such material and
information in strictest confidence, not to make use thereof other than
as required for operation and maintenance. Each party agrees not to
release such information or material to any employee who has not
signed a written agreement expressly binding him not to use or
disclose it.
(ii) No party shall publish any press release or otherwise publicly disclose
the existence of this contract or any of its Terms and Conditions,
without the express prior written consent of the other Party, following
advance review by consenting Party of the text of the press release or
other public disclosure.
(iii) The relationship between the Vendor and RBI during the term hereof
shall be solely that of vendor and client; RBI, its agents, employees,
representatives or Affiliates shall under no circumstances be deemed
agents or representatives of the Vendor or its Affiliates.
(iv) Each party will take all reasonable steps to ensure its employees,
agents or subcontractors engaged to perform work under this
agreement do not disclose confidential information of the other party,
obtained during the course of performing such work.
The Intellectual Property Rights (IPR), ownership of the source code (including of
test and design phase) of the 'Automation & IDBMS' project will remain with RBI.
7. Indemnification
(i) The Vendor shall, at its own cost and expenses, defend and indemnify
the RBI against all third-party claims including those of the infringement
of Intellectual Property Rights, including patent, trademark, copyright,
trade secret or industrial design rights, arising from use of the Products
or any part thereof in India.
(ii) The Vendor shall expeditiously meet any such claims and shall have
full rights to defend itself therefrom. If the RBI is required to pay
compensation to a third party resulting from such infringement, the
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Vendor shall be fully responsible therefore, including all expenses and
court and legal fees.
(iii) The Vendor shall also be liable to indemnify the RBI, at its own cost
and expenses, against all losses/damages, which the RBI may suffer
on account of violation by the Vendor of any or all national/international
trade laws, norms, standards, procedures etc.
8. Documentation
The Vendor will supply all documentation, publications and aids to the RBI
without additional charge for the Service and/or Products involved in the project.
The Vendor will supply documentation, which is:
The RBI may reproduce all documentations and materials printed or otherwise
produced by the Vendor in relation to the project.
9. Training Support
For a period of 12 months after acceptance of the project by the RBI, the Vendor
will make available suitable training courses for the RBI’s personnel to attend, at
any time or from time to time as requisitioned by the RBI at a cost to be mutually
agreed upon between the Vendor and the RBI. This will be apart from the users’
training that may be provided by the selected Vendor under the contracted
amount for undertaking the project.
10. Price
The Vendor shall give detailed basis for calculation of the total price. For all the
purposes relating to the 'Automation & IDBMS' project, prices will be quoted in
Indian Rupees.
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11. Taxes and Duties
The total quoted price shall also include all taxes and duties in respect of all
supplies. Any increase/decrease in the rates of existing taxes and/or imposition of
new/withdrawal of existing taxes and duties shall be to the account of the RBI,
calculated with reference to the price tendered and against documentary proof of
such variation.
(i) General
All payments shall be released directly by the RBI to the Vendor except as
otherwise provided in the tender. All payments by the RBI will be effected in
Indian Rupees. Subject to any deductions from the Contract price as per
Contract, the Vendor shall be entitled to receive the Contract Price in the
following manner:
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the format in appendix-3) for the amounts to be paid. However
interest will be charged on the vendor for the amount of advance paid
at the rate of 'Bank rate on the date of contract + 2%' from the date of
payment till the end of the acceptance of the project by the RBI;
c) All the payments mentioned above shall be made by the RBI based on the
certification of completion by the RBI.
d) All Bank Guarantees shall be by scheduled commercial bank in India and
shall be irrevocable and enforceable in India.
e) The RBI will have the absolute right to encash Bank Guarantees if
sufficiently convinced of negligence and lack of dedication to work on the
part of the Vendor.
(iii) Import License
In the case of any imported components, the Vendor shall arrange necessary
import license and all other clearances.
The Vendor will have to make his own arrangements for the travel and residential
accommodation for his employees/consultants.
The time of completion shall be vital to the Contract. The successful Vendor shall
complete the whole of the works including successful commissioning within Six
months from the date of signing the contract. The warranty period will be one
year from the date of acceptance of the project by the RBI followed by seven
years annual maintenance contract as detailed below:
Construction and Implementation Six months from the date of signing the
of the 'Automation & IDBMS' contract
Post implementation support warranty for a period of one year
commencing from the date of the issue of
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acceptance certificate followed by seven
years annual maintenance on expiry of
the warranty period
The Vendor shall indicate the duration of all the activities in the form of a Gantt
chart in conformity with stipulated time of completion of work. This Chart shall be
discussed and finalized and shall form an integral part of the Contract.
All tenders shall be prepared as per the conditions stipulated in this RFP and
submitted at the latest by 14:00 Hrs on July 25, 2005 at the following address:
The Director,
Balance of Payments Statistics Division
Department of Statistical Analysis and Computer services,
Reserve Bank Of India, C-9, Eighth Floor,
Bandra Kurla Complex, Bandra (East)
Mumbai - 400 051.
If July 25, 2005 happens to be a holiday, then the RFP should be submitted by
14:00 Hrs on the next immediate working day.
Any tenders received after the due date and time will not be accepted in any
circumstance. Tender must be delivered by hand or sent through post or
courier service as a postal article. Oral tenders and tenders submitted by
TELEX / TELEGRAM / FAX/ E-mail etc. shall not be accepted. The RBI will
not be responsible for delay in receipt of tender on any account.
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Some important points that may be considered for inclusion in the final evaluation
criteria are listed as follows.
The above-mentioned list is only an indicative one. RBI at its discretion may
make deletions in / additions to this list. The RBI may not disclose the final list
and the weightage pattern of various items in the list.
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The place and date for opening of commercial bids will be informed to Vendors
who qualify on the basis of evaluation of technical bid. The commercial bids will
be opened in the presence of such Vendors who may be present at the appointed
time and place.
The tender and the prices quoted shall remain valid for six months (180 days)
initially from the last date for the receipt of tender.
19. Language
RBI reserves the right to reject any Proposal without assigning any reason at its
sole discretion whatsoever. RBI is not bound to accept the lowest Proposal. RBI
will not accept any claim regarding either the procedure or the results of the RFP.
RBI may request in writing additional detailed technical, commercial and/or
financial specifications during the selection process period. Such requests must
be answered in writing and within the terms stated in the request. The Terms
and Conditions of such request and the Terms and Conditions included in the
corresponding answer, will be part of the binding commitment of the Vendor, and
will be included in the Agreement(s) to be executed thereafter. RBI shall not be
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responsible for any costs or expenses incurred by the Vendor in the preparation
of their offer. Furthermore, after the selection of a Vendor, RBI shall have the
right to enter or not to enter into an agreement. In such case, the Designated
Vendor shall not have any right to claim any damages and RBI shall not be held
liable in any respect for any losses or damages.
The Vendor shall furnish the current Income Tax Clearance certificate issued by
the concerned Income Tax Authority with the tender. The copies of Central Sales
Tax (CST) registration with Government Authorities and other relevant tax
registration shall also be furnished with the tender.
The successful Vendor will be asked to sign a contract with the RBI and this
contract will be as per the prescribed terms of the RBI.
On the tender being accepted by the RBI, all the Contract(s) will be signed and
executed by and between the RBI and the successful Vendor, at the earliest but
not later than thirty days from the RBI’s Letter of Intent/Letter of Award.
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(i) The Vendor is required to carefully examine the Technical Specifications,
Terms & Conditions, diagrams and other details relating to work given in the
tender document and fully acquaint himself as to all conditions and matters,
which may in any way affect the work or the cost thereof. The tenderer shall
be deemed to have on his own and independently obtained all necessary
information for the purpose of preparing the tender and his tender as
accepted shall be deemed to have taken into account all contingencies as
may arise due to such information or lack of the same.
(ii) The Vendor shall be deemed to have exhaustively examined the tender
documents, to have obtained all information and clarifications on all matters
whatsoever that might affect the carrying out of the work and to have
satisfied himself as to the adequacy of his tender. He is deemed to have
known the scope, nature and magnitude of the work and the requirements
of resources involved etc. and as to all work he has to complete in
accordance with the Contracts whatever be the defects, omissions or errors
that may be found in the tender documents.
(iv) Any neglect or omission or failure on the part of the Vendor in obtaining
necessary and reliable information as stated above or on any other matter
affecting the Vendor shall not relieve him of any risks or liabilities or the
entire responsibility for completion of the work in accordance with the tender
documents.
(i) Time and date stipulated in the contract (to be signed) for completion of
the work shall be deemed to be the essence of the project. If the
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Vendor fails in the due performance of the project to deliver any part of
the software or complete the work within the time fixed by the RFP or
any extension thereof and/or to fulfill his obligations in time under the
tender, he shall be liable to pay to the RBI, as agreed, liquidated
damages, and not by way of penalty, a sum of 1% (one per cent) of the
Contract value for each completed week of the delivery and/or
completion of work which has been in consequence delayed. The
Vendor’s liability for the delay in delivery shall not in any case exceed
5% (five percent) of the Contract value.
(iv) The Bank Guarantee submitted towards Earnest Money for a response
to RFP shall be forfeited and encashed by RBI in case the Vendor
does not abide by its bid for the response to RFP. No relaxation of any
kind on Bank Guarantee towards Earnest Money will be given to any
Vendor. Bank Guarantee so deposited will be returned and released to
Vendor whose bids stand rejected. After signature of contract, the
bank guarantee for the earnest money will be returned to the selected
bidder.
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(v) The RBI shall recover the liquidated damages payable by the Vendor
from the amount due to the Vendor.
(vi) The RBI reserves the right to terminate the contract in case of the
selected consultant not complying with terms and conditions of the
contract, after giving a prior notice of one month. This shall be without
any prejudice to the claims of RBI in such circumstances that may be
stipulated elsewhere in the contract.
The Vendor shall guarantee the workmanship and satisfactory operation of all
items of the project in accordance with the performance requirement indicated in
the tender documents. If during any phase of the project it is found that
information collected during the previous phase is insufficient or the design is
defective, the Vendor shall undertake the remedial steps to collect the information
or to redesign the defective portion at Vendor’s cost. Instructions by RBI to the
Vendor to correct faulty work shall not constitute a variation with entitlement to
extra-payment.
Vendor should enclose full technical details of the offer along with the technical
and commercial bid. They should also enclose all relevant printed technical
brochure/ catalogues to corroborate the specifications of the products offered.
The “Vendor” as used under documents shall mean the one who has signed the
Form of Tender.
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29. Incidental Services
30. Arbitration
Work under the Contract shall be continued by the Vendor during the arbitration
proceedings unless otherwise directed in writing by the RBI or unless the matter
is such that the works cannot possibly be continued until the decision of the
arbitrator or of the umpire, as the case may be, is obtained and save as those
which are otherwise expressly provided in the Contract, no payment due or
payable by the RBI shall be withheld on arbitration proceedings unless it is the
subject matter or one of the subject matters thereof. The venue of the arbitration
shall be in Mumbai.
An 'Internal Project Management Team' (IPMT) will be set up with the concerned
officer in charge of various sections in the division (BPSD). For carrying out the
various activities of the project on 'Automation & IDBMS', the IPMT will be
consulted by the vendor and their suggestions will be taken into account.
However, the Vendor would be responsible for overall success of the
project.
34
VII. Various phases in the process of bidding are as follows.
• Issue of RFP
• Perusal of documents, seeking clarification and Meeting of vendors with
RBI officials (if required)
• Submission of proposal and closing date
• Opening of Technical quotations
• Opening of Commercial quotations (only of those tenderers, who qualify in
technical evaluation)
• Selection of System Developer and issuing a letter of intent
• Signing of the contract
35
VIII. Format of Response
Company Details
Particulars Response
1. The registered name of the company
5. Telephone
6. Fax number
7. E-mail address
Total
36
Part-II Commercial Quotation
Activity* No. of Type of No. of Effort Rates per Quotatio
Resources Resource Days (person person n value
days) days
a b c d b*d
Total
37
APPENDIX –1
KNOW ALL MEN by these presents that we, ____________[insert name and
address of bank] are bound unto the authority in the sum of Rs 2,00,000 (Rupees
two lakh) only for which payment will and truly be made to RBI.
1. If the Vendor withdraws its bid during the period of bid validity specified by
RBI
2. If the Vendor having been notified of the acceptance of its bid by RBI
during the period of bid validity fails or refuses to execute the contract form if
required; fails or refuses to furnish the Performance Bank Guarantee in
accordance with the instructions to bidders;
4. The Bank binds itself, its successors and assigns by these persons.
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5. Notwithstanding anything herein above contained, our liability under this
guarantee is restricted to the sum of Rs. 2,00,000 (Rupees two lakh) only and the
guarantee shall remain in force up to and including 180 days from the RFP
Closing Date and shall be extended further for a period off 180 days upon receipt
of a request from RBI and unless a demand is made on us in writing on or before
such expiry date, all rights of RBI under this guarantee shall be forfeited and we
shall be relieved of and discharged from all liabilities hereunder.
39
APPENDIX – 2
Please refer to Clause <Relevant Clause and Schedule of the Contract> to the
Contract.
40
(1) We <Bank’s Name> undertake to indemnify you and keep you indemnified
from time to time to the extent of Rs. ----- (Rupees -----) being an amount
equivalent to 10% of the Contract price against all losses or damages caused to
or suffered by you on account of any breach or breaches on the part of the
CONTRACTOR of any of the terms and conditions contained in the CONTRACT
and in the event the CONTRACTOR defaults in carrying out any of the work or
discharging any obligations in relation thereto under the CONTRACT or
otherwise in the observance and performance of any of the terms and conditions
relating thereto in accordance with the true intent and meaning thereof, we shall
forthwith on demand pay to you such sum or sums not exceeding the sum of Rs.
(Rupees) as may be claimed by you on account of breach on the part of the
CONTRACTOR of their obligations in terms of the CONTRACT.
(3) This Performance Guarantee shall continue and hold good until it is released
by you on the application by the CONTRACTOR after expiry of the relative
guarantee period of the Contract and after the CONTRACTOR had discharged all
his obligations under the Contract and produce a certificate of due completion of
the work under the Contract and submitted a “No Demand Certificate” provided
always that the guarantee shall in no event remain in force after the day of -----
without prejudice to your claim or claims arisen and demanded from or otherwise
notified to us in writing before the expiry of three months from the said date which
will be enforceable against us notwithstanding that the same is or are enforced
after the said date.
41
(5) You will have the fullest liberty without affecting the Performance Guarantee
from time to time to vary any of the terms and conditions of the contract or extend
the time of performance of the Contract or to postpone any time or from time to
time any of your rights or powers against the CONTRACTOR and either to
enforce or forbear to enforce any of the terms and conditions of the said Contract
and we shall not be released from our liability under the Performance Guarantee
by the exercise of your liberty with reference to matters aforesaid or by reason of
any time being given to the CONTRACTOR or any other forbearance act, or
omission on your part of or any indulgence by you to the CONTRACTOR or by
any variations or modification of the contract or any other act, matter or things
whatsoever which under law relating to sureties, would but for the provisions
hereof have the effect of so releasing us from our liability hereunder provided
always that nothing herein contained will enlarge our liability hereunder beyond
the limit of Rs.------ (Rupees -----) as aforesaid or extend the period of the
guarantee beyond the said day of ------ unless expressly agreed to by us in
writing.
(6) The Performance Guarantee shall not in any way be affected by your taking
or giving us any securities from the CONTRACTOR or any other person, firm or
company on its behalf or by the winding up, dissolution, insolvency or death as
the case may be of the CONTRACTOR.
(7) In order to give full effect to the guarantee herein contained, you shall be
entitled to act as if we were your principal debtors in respect of all your claims
against the CONTRACTOR hereby guaranteed by us as aforesaid and we
hereby expressly waive all our rights of surety ship and other rights, if any which
are in any way inconsistent with any of the provisions of the Performance
Guarantee.
(8) Subject to the maximum limit of our liability as aforesaid, the Performance
Guarantee will cover all your claim or claims against the CONTRACTOR from
time to time arising out of or in relation to the Contract and in respect of which
your claim in writing is lodged on us before expiry of thee months from the date of
expiry of the Performance Guarantee.
42
(9) Any notice by way of demand or otherwise hereunder may be sent by special
courier, telex, fax or registered post to our local address as aforesaid and if sent
by post it shall be deemed to have been given when the same has been posted.
(10) The Performance Guarantee and the powers and provisions herein
contained are in addition to and not by way of limitation of or substitution for any
other guarantee or guarantees heretofore given to you by us (whether jointly with
others or alone) and now existing un-cancelled and that then Performance
Guarantee is not intended to and shall not revoke or limit such guarantee or
guarantees.
(11) The Performance Guarantee shall not be affected by any change in the
constitution of the CONTRACTOR or us nor shall it be affected by any change in
your constitution or by any amalgamation or absorption thereof or therewith but
will ensure to the benefit of and be available to and be enforceable by the
absorbing or amalgamated company or concern.
(12) The Performance Guarantee shall come into force simultaneously with your
making the said advance payment to the CONTRACTOR and shall not be
revoked by us any time during its currency without your previous consent in
writing.
(13) We further agree and undertake to pay you the amount demanded by you in
writing irrespective of any dispute or controversy between you and the
CONTRACTOR.
43
(15) We have the power to issue the Performance Guarantee in your favour
under the Memorandum and Articles of Association of our Bank and the
undersigned has full power to execute the Performance Guarantee under the
Power of Attorney to him by the Bank.
--------------------------
BRANCH MANAGER
SEAL
ADDRESS
44
APPENDIX - 3
Please refer to Clause <Relevant Clause and Schedule of the Contract> to the
Contract.
45
in accordance with the true intent and meaning thereof and in the event of any
default or defaults on the part of the CONTRACTOR as aforesaid we shall
forthwith on demand and without demur pay to you any sum or sums not
exceeding the sum of Rs. ---- (Rupees ---) as may be claimed by you to be
due from the CONTRACTOR by way of refund of such advance payment or any
portion or otherwise as your losses and /or damages, costs, charges or expenses
by reason of such default or defaults on the part of the CONTRACTOR aforesaid.
(3) This guarantee shall continue and hold good until it is released by you on the
application by the CONTRACTOR after expiry of the relative guarantee period of
the said Contract and after the CONTRACTOR had discharged all his obligations
under the said Contract and produce a certificate of due completion of the work
under the said Contract and submitted a “No Demand Certificate” provided
always that the guarantee shall in no event remain in force after the day of -----
without prejudice to your claim or claims arisen and demanded from or otherwise
notified to us in writing before the expiry of three months from the said date which
will be enforceable against us notwithstanding that the same is or are enforced
after the said date.
(5) You will have the fullest liberty without affecting this guarantee from time to
time to vary any of the terms and conditions of the said contract or extend the
time of performance of the Contract or to postpone any time or from time to time
any of your rights or powers against the CONTRACTOR and either to enforce or
forbear to enforce any of the terms and conditions of the said Contract and we
46
shall not be released from our liability under this guarantee by the exercise of
your liberty with reference to matters aforesaid or by reason of any time being
given to the CONTRACTOR or any other forbearance act, or omission on your
part of or any indulgence by you to the CONTRACTOR or by any variations or
modification of the said contract or any other act, matter or things whatsoever
which under law relating to sureties, would but for the provisions hereof have the
effect of so releasing us from our liability hereunder provided always that nothing
herein contained will enlarge our liability hereunder beyond the limit of Rs.------
(Rupees -----) as aforesaid or extend the period of the guarantee beyond the
said day of ------ unless expressly agreed to by us in writing.
(6) This guarantee shall not in any way be affected by your taking or giving us
any securities from the CONTRACTOR or any other person, firm or company on
its behalf or by the winding up, dissolution, insolvency or death as the case may
be of the CONTRACTOR.
(7) In order to give full effect to the guarantee herein contained, you shall be
entitled to act as if we were your principal debtors in respect of all your claims
against the CONTRACTOR hereby guaranteed by us as aforesaid and we
hereby expressly waive all our rights of suretyship and other rights, if any which
are in any way inconsistent with any of the provisions of this guarantee.
(8) Subject to the maximum limit of our liability as aforesaid, this guarantee will
cover all your claim or claims against the CONTRACTOR from time to time
arising out of or in relation to the said Contract and in respect of which your claim
in writing is lodged on us before expiry of thee months from the date of expiry of
this contract.
(9) Any notice by way of demand or otherwise hereunder may be sent by special
courier, telex, fax or registered post to our local address as aforesaid and if sent
by post it shall be deemed to have been given when the same has been posted.
(10) This guarantee and the powers and provisions herein contained are in
addition to and not by way of limitation of or substitution for any other guarantee
or guarantees heretofore given to you by us (whether jointly with others or alone)
47
and now existing uncancelled and that this guarantee is not intended to and shall
not revoke or limit such guarantee or guarantees.
(11) This guarantee shall not be affected by any change in the constitution of the
CONTRACTOR or us nor shall it be affected by any change in your constitution
or by any amalgamation or absorption thereof or therewith but will ensure to the
benefit of and be available to and be enforceable by the absorbing or
amalgamated company or concern.
(12) This guarantee shall come into force simultaneously with your making the
said advance payment to the CONTRACTOR and shall not be revoked by us any
time during its currency without your previous consent in writing.
(13) We further agree and undertake to pay you the amount demanded by you in
writing irrespective of any dispute or controversy between you and the
CONTRACTOR.
(15) We have the power to issue this guarantee in your favour under the
Memorandum and Articles of Association of our Bank and the undersigned has
full power to execute this guarantee under the Power of Attorney to him by the
Bank.
--------------
48
BRANCH MANAGER
SEAL
ADDRESS
49
APPENDIX –4
The format for the Compliance Statement to be submitted along with the
tender
Format of Tender
***
50