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RBI RFP For Automation System Development

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0% found this document useful (0 votes)
61 views50 pages

RBI RFP For Automation System Development

RFP sample very useful

Uploaded by

ishanreadon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Request for Proposal

Selection of System Developer for Automation of Major Activities &


Development of an Integrated Database Management System in Balance of
Payments Statistics Division in the Department of Statistical Analysis and
Computer Services (DESACS) of the Reserve Bank of India (RBI)

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

The Department of Statistical Analysis and Computer Services (DESACS) of the


Reserve Bank of India (RBI) has decided to automate the major activities of the
Balance of Payments Statistics Division (BPSD), and to develop an integrated
data base management system for the division ('Automation & IDBMS' project).
At present major activities of the division are performed under four sections as
mentioned below:

Table 1: Sections & Activities in the BPSD

S.No. Section Activities


1 Exports/ Imports/ (i) Maintenance of exports data received from the
Non-exports/ Non-Imports Customs [Exports Original Data (containing
GR/PP/DTR/Shutout/Short Shipment)];
(ii) Maintenance of exchange rate master
(iii) Maintenance of FET-ERS data
(iv) Maintenance of BAL/NRG data
2 Software & IT Exports and (i) Survey on Software and IT Services Exports
Foreign Investment from India;
(ii) Survey on Foreign Liabilities and Assets (FLA)
of India;
(iii) Maintenance of Foreign Investment data
[received through monthly statements from
Foreign Exchange Department (FED)];
(iv) Maintenance of Software exports data
received through Softex forms.
3 External Commercial Maintenance of ECB Data
Borrowing (ECB) (i) allotment of registration number to ECB
loans;
(ii) maintenance of ECB loans etc. in the
Commonwealth Secretariat Debt Recording &
Management System (CSDRMS) under the
activities of ECB section

2
4 NRD-CSR Maintenance of Non-resident Deposit received
through a comprehensive single return

2. Objectives of the project:

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:

(i) Integration and maintenance of data received by the division in a


uniform platform;

(ii) Automation of receipt of data from Authorised Dealers (ADs)/


corporates (in case of survey, etc.)/Regional Offices (ROs) of
DESACS/Foreign Exchange Department (FED), etc.

(iii) Automatic validation of data while receipt and automatic generation of


mail referring (a) acknowledgement and (b) error records, if any, by
mail / letter by fax for necessary action; facility to accept corrected data
suitably to take care of error records.

(iv) Maintenance of receipt position of data submission and related retrieval


facility.

(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

(ix) Built in reasonable security

(x) Automatic back up of the data files;

(xi) Interface with the following systems:

(a) 'Centralised Data Base Management System (CDBMS) in the


DESACS;

(b) Web base submission of Returns in DESACS;

3
(c) systems in the FED [Foreign Investment Division (FED), Overseas
Investment division (OID)];

(d) systems in the DEAP (Exchange rate and short term credit);

3. Plan of the Project

This project is being undertaken in two phases –


(1) Systems Requirement Study & Systems Design, and
(2) System Development

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.

4. Context of the Request for Proposal (RFP)

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.

5. The following important points are to be noted while developing the


system:

(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

4
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.

5
II: Functional area wise objectives

1. Exports/ Imports/ Non-exports/ Non-Imports Section

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.

Major Objectives under the project

(A) File Handling of GR/PP/DTR/Shutout/Short-Shipment data


(i) Automation of receipt of data files from customs.
(ii) Automation of processing of files involving consistency checks, validations, file
conversion into required format etc.
(iii) Monitoring the receipt of data files from various ports - automation thereof.

(B) File Handling of ENC/Schedule-4 data


(i) Automation of receipt of ENC/Schedule-4 data from ADs and Regional Offices
(ROs) of DESACS.
(ii) Automation of processing of data involving validation, edit checks, etc.
(iii) Automation of Monitoring the receipt.
(iv) Automation of preparation of Flash/Final Estimate for Export statistics based
on ENC

(C) Maintenance of Exchange rate data


(i) Automation of receipt of Exchange Rate data.
(ii) Automation of processing of data involving validation, edit check etc.
(iii) Automation of Monitoring the receipt.

(D) Maintenance of complete master data files for the above data

(E) Matching Exercise


(i) Automation of the process of matching exercise, forwarding the unmatched
data to the respective ROs of FED vide E-Mail.

6
(ii) Automation for handling Frequently Asked Queries (FAQs) from FED, CBI,
Enforcement Directorate (ED), etc.

(F) Data Transfer to the CDBMS

7
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.

Major Objectives under the project

(A) FET-ERS
(i) Automation of receipt of FET-ERS data from ADs directly;

(ii) Automation of receipt of FET-ERS data from three Regional Offices


(ROs) of DESACS [Chennai, Delhi and Kolkata] received by them from
ADs.

(iii) Automatic validation of data while receipt and automatic generation of


mail referring (a) acknowledgement and (b) error records, if any, by
mail / letter by fax for necessary action. Facility to accept corrected
data suitably to take care of error records at step (b) above.

(iv) Maintaining AD-wise receipt position of FET-ERS data submission and


related retrieval facility.

(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.

(B) Maintenance of BAL/NRG data


(i) Automation of receipt, monitoring and processing of data;
(ii) Validation of data while receipt and automatic generation of mail
referring (a) acknowledgement and (b) error records, if any, by mail /
letter by fax for necessary action;
(iii) Report generation.

(D) Data Management for above data sources


(i) Maintenance of complete master data files for FET-ERS, BAL & NRG
accurately;
8
(ii) Facility to prepare quick estimates within one and half months (1.5
months) time gap as per desired method;

(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;

(iv) Providing suitable facility for replying ad-hoc queries.

(E) Data Transfer to CDBMS

9
2. Software Exports and Foreign Investment Survey (FIS) Section

Major activities of the section are:


(i) Survey on Software and IT Services Exports from India;
(ii) Survey on Foreign Liabilities and Assets (FLA) of India;
(iii) Maintenance of Foreign Investment data (received through various
statements form FED ROs);
(iv) Maintenance of software exports data received through softex form;

Major Objectives under the project

(A) For the Surveys

i) launching of the survey electronically by dispatching the schedules


containing the questionnaire via email;
ii) preparation of the questionnaire as soft copy so as to enable the
respondent to fill in and return the form via email without tampering the
format of the questionnaire;
iii) besides electronic despatch, the software should also facilitate
respondents to print the schedules/questionnaire by downloading the
same;
iv) automatic receipt/acknowledgement/storage of the returns in BPSD;
v) data entry modules (for data received in hard copy) with all validation
checks;
vi) automated procedure for monitoring non-receipt, follow-up and also
wrong reporting;
vii) automatic preparation of receipt position by date, by number of
companies, etc.;
viii) generating standard, ad hoc, and exception reports
ix) easy querying
x) built in reasonable security
xi) automatic validation/update of the data file to be maintained based on
the return from the exporters;
xii) automatic back up of the data files;
xiii) preparation of Report (compilation of statistics etc) by transferring the
data files to other platform e.g. SAS etc.
xiv) Maintenance of complete master data files
(B) For the Maintenance of Foreign Investment data (received through various
statements);
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(i) Receipt and processing of data received through several forms
from FED ROs;
(ii) Data entry forms to be created by the vendor should have in
built validation checks and acknowledgement as well as error
report generated, if any, shall be automatically transmitted to the
respondents via email.
(iii) Report generation.
(iv) Maintenance of complete master data files.

(C) For the Maintenance of Softex Data

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.

(D) Compilation of International Investment Position (InIP) data;

(E) Data Transfer to CDBMS

11
3. External Commercial Borrowing (ECB) Section

This section maintains external debt data received through the form-83 and
ECB2 returns.

Major Objectives under the project

(i) Allotment of loan registration number on submission of form-83;

(ii) On line validation of data during data entry and automatic


generation of mail dispatching (i) loan registration number to the
applicant and (ii) error records, if any, by mail / letter by fax for
necessary action;

(iii) receipt position of form 83 and ECB2;

(iv) Integration of Commonwealth Secretariat Debt Recording &


Management System (CSDRMS) with the proposed system (at
present external debt data are maintained in the CSDRMS);

(v) Data Transfer to CDBMS.

12
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.

Major Objectives under the project

(A) Receipt of NRD-CSR data from banks

(i) Automation of receipt of NRD-CSR Data from bank branches on


monthly basis through floppy/ mail at Central Office, Mumbai;

(ii) Validation of data while receipt and automatic generation of mail


referring (a) acknowledgement and (b) error records, if any for
necessary action;

(iii) Maintaining bank-wise receipt position of NRD-CSR data submission


and related retrieval facility;

(iv) Automatic flash for defaulting banks for non-submission of data. The
same is to be reported to FED automatically on regular interval.

(B) Data Management for above data sources


(i) Maintenance of complete master data files for NRD-CSR;

(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;

(v) Providing suitable facility for replying ad-hoc queries.

(C) Data Transfer to CDBMS

13
III. Responsibilities and Deliverables of “System
Developer”

The System Developer will be responsible for development, implementation and


final delivery of the project as per the SRS and SDD prepared in the Phase-I as
mentioned above. In broad terms, the responsibilities of System Developer would
be

(i) to automate the activities of the sections mentioned in Table-1 in


Section-I (details are stated in the Section-II above);
(ii) To develop IDBMS as per the SRS and SDD prepared by a consultant
in Phase-I already mentioned earlier, preparation of databases,
program, forms, reports etc;
(iii) Populating the IDBMS with historical and current data;
(iv) training the users at several levels (Data entry operators, clerks,
supervisor, database administrator and system administrator);
(v) Maintenance & Parallel test

Detailed list of deliverables for the System Developer is provided below.

1. System Development: System should be developed based on low level


system design. During this stage, any modification in the system design
based on recent development, if required, may also have to be carried out.
2. Physical Database Implementation: Database implementation involves
creation of central repository, creating physical storage structure, creation of
tables and indexes, setting up access controls and security procedures,
database optimization, performance tuning, etc. Database implementation will
also involve creation of user accounts for the databases.
3. Populating the Database: Loading of initial test data, data quality assurance
testing, loading of historical data will have to be carried out. It is expected that
20 years of historical data will have to be loaded from backups. The formats of
historical data may be different from the current data formats in some cases.
Additional one-time transformations may also be necessary in the case of
historical data due to changes in coding systems or other system changes.
4. Data Transformation and Quality Checking: Data validation / quality
assurance should be carried out based on the business logic documented in
the design document. Inconsistencies in historical data are to be identified,
resolved and documented during the process of populating the database with
historical data.

14
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

15
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.

16
IV. Vendor's Eligibility

Only such of those bidders who qualify the following criteria are eligible to
participate in this tender.

i) Vendor must be a company incorporated in India under the Companies Act,


1956.
ii) Vendor should have been making profit during the last three accounting years.
Audited Balance Sheet and Profit and Loss account (amount in Rupees) for
last three years should be submitted.
iii) Vendor must warrant that it is financially solvent, i.e., it is able to meet all its
debts as and when they fall due.
iv) Vendor must have the capability to ramp up the team size (resources) at any
time during the Project life Cycle to meet the project objectives in a timely
fashion. Vendor company should have an application development team of at-
least 100 employees.
v) Vendor’s Application Software development processes must be certified at
least SEI-CMM Level 5. The certification should be currently valid;
(vi) The Vendor should be able to ensure availability of technical supporting
team in Mumbai as and when required during the contract period;

17
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.

18
(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.

(vii) Tender must be submitted in 4 copies (marked 1 to 4). It shall be submitted


under a covering letter indicating clearly the summary of tender chapters with
annexures/schedules of the complete tender.

(viii) The tender shall be prepared and submitted in 2 (two) parts, in two separate
sealed envelopes, as follows:

PART – I: TECHNICAL

It should contain unpriced tender consisting of response in the format


provided in Section VIII.

PART – II: COMMERCIAL

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.

19
(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.

20
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.

2. Exclusion, deviations and RBI's obligations

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;

21
(iii) However, the Vendor should ensure availability of technical supporting
team in Mumbai as and when required during the contract period.

4. Technical staff experience

(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.

5. Confidentiality and disclosure of information

(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

22
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.

6. Patent & Copyright

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
23
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:

(i) of a reasonable standard in terms of presentation, accuracy and scope;


(ii) the most current and up to date version available; and
(iii) in English with all key terms, words and symbols adequately defined or
explained.

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.

24
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.

12. Terms of Payment

(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:

a) Stage-I: 20 % of the contract value to be paid as advance if


requested subject to submission of bank guarantee;
b) Stage -II: 70% of the contract value on acceptance of the project by
the RBI;
c) Stage III- 10% of the contract value at the end of warranty period of
one year. However, the same can also be paid in Stage-II (on
acceptance of the project by the RBI) itself against the submission
of a Bank guarantee;

(ii) Terms and Conditions

a) All payments shall be released only after successful and satisfactory


compliance of the quantum and type of work, specified for respective
stages.
b) Advance amounting to 20% of the contract value will be paid if
requested by the vendor, on submission of a bank guarantee (as per

25
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.

(iv) Travel and Accommodation

The Vendor will have to make his own arrangements for the travel and residential
accommodation for his employees/consultants.

13. Time of Completion

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

26
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.

14. Submission of Tender

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.

15. Tender Evaluation

27
Some important points that may be considered for inclusion in the final evaluation
criteria are listed as follows.

(a) Company profile


Financial Standing
Quality Certification
(b) Experience (as demonstrated by previous project experience)
Project highlights
Stages where company was involved
Software and hardware exposure and experience
Platform (hardware / software) independence
Large database projects
(c) Domain Knowledge
Knowledge of financial sector / markets
Banking knowledge
Central banking knowledge

(d) Project proposal


Scope Conceptualization
Gross architecture
Information Architecture
Technical Architecture
Operational Architecture / Support Architecture
Implementation plan
Project team profile
Effort estimation

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.

16. Tender Opening

28
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.

17. Transfer of Tender Documents/Tenders

Transfer of any documents issued to one Vendor, to another, is not permissible.


Similarly, transfer of tenders submitted by one Vendor, to another party is not
permissible. The alteration of tender once submitted is not permitted without the
RBI’s approval in writing.

18. Validity of Tender

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

The tender shall be submitted in English language only.

20. No claim for compensation for submission of Tender

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

29
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.

21. Income Tax Clearance Certificate/CST Registration

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.

22. Signing of Contracts

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.

23. Notice on behalf of the RBI

All notices of technical/commercial nature shall be issued by the Principal


Adviser, Department of Statistical Analysis and Computer Services, Reserve
Bank of India, Mumbai or by his authorized representative. Any modification to
the above, if necessary, will be intimated to the Vendor in due course.

24. Errors and omissions

30
(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.

(iii) The Vendor shall be deemed to have acquainted himself of Government


taxes & duties, laws, statutes, regulations, levies and other charges relating
to his work at site.

(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.

(v) Where there is a discrepancy between the amounts in figures and in


words, the amount in words shall govern.

25. Liquidated Damages

(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

31
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.

(ii) The liquidated damages for non-fulfillment of performance guarantee


values shall be separately payable by the Vendor over and above the
liquidated damages for non-fulfillment of time schedule. Due to non-
fulfillment of performance guarantee values, the Vendor shall be liable
to pay damages up to a maximum of 10% (ten percent) of the total
Contract price. The performance guarantee shall be in the format
prescribed in Appendix -2 and issued by a scheduled commercial Bank
in India acceptable to RBI for an amount equal to 10 % (10 percent) of
the total contract price and such performance bank guarantee
submitted by the Vendor shall be in force till the completion of warranty
period.
(iii) The Vendor shall enclose along with the tender an Earnest Money
Bank Guarantee valid for six months (180 days) from the RFP closing
Date. The Earnest Money Bank Guarantee shall be in the format
prescribed in Appendix -1 and issued by a scheduled commercial
Bank in India acceptable to RBI for an amount equal to Rupees two
lakh.

(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.

32
(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.

26. Guarantee and performances

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.

27. Clarification on Tender Document

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.

28. Bidder Qualification

The “Vendor” as used under documents shall mean the one who has signed the
Form of Tender.

33
29. Incidental Services

The Vendor is required to provide software upgradation from time to time at


mutually agreed terms. During warranty, all Software upgradation shall be
provided free of cost to RBI.

30. Arbitration

All disputes or differences whatsoever arising between the parties out of or in


relation to the construction, meaning and operation or effect of this RFP or
breach thereof shall be settled amicably. If, however, the parties are not able to
resolve them amicably, the same shall be settled by arbitration in accordance
with the Arbitration and Conciliation Act, 1996 and the award made in pursuance
thereof shall be binding on the parties. The Arbitrator/Arbitrators shall give a
reasoned award. Any appeal will be subject to the exclusive jurisdiction of courts
at Mumbai.

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.

31. Consultation with the 'Internal Project Management Team'

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

In order to facilitate evaluation and comparison of responses, vendor shall submit


their response in following format. Failure to do so may result in the quotation
being eliminated at the examination stage as unresponsive. Additional
information can be added at the end of the format if required.

1. Part-I Technical Information

Company Details

Particulars Response
1. The registered name of the company

2. Name of the individual responding to this


request

3. Designation of the individual responding


to this request

4. Contact postal address

5. Telephone

6. Fax number

7. E-mail address

8. Resume of the proposed project leader Please attach on separate sheets


(not more than two A4 size pages)
9. Expertise / experience in finance, Please attach on separate sheets
banking, with specific experience on RBI (not more than two A4 size pages)

10. Assistance expected from the RBI (to


be specified).

11.Financial Results For last three years

1.2 Effort Estimation

Activity No. of Resources Type of Resource No. of Days Effort


(person
days)
a b c d b*d

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

* It is necessary to mention clearly the rate for providing Comprehensive Annual


Maintenance Service for seven years after the expiry of the one year warranty
period (charges for every year should be given).

37
APPENDIX –1

PROFORMA OF EARNEST MONEY BANK GUARANTEE

To RESERVE BANK OF INDIA

Earnest Money Bank Guarantee no. ___

Whereas _______________ [insert name of Vendor] (hereinafter called the


“Vendor”) has submitted its bid dated ___________[insert date] in response to
the Request for Proposal issued by RESERVE BANK OF INDIA. (hereinafter
called “RBI”) for the project on 'Automation & IDBMS'.

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.

THE CONDITTIONS OF THIS OBLIGATION ARE –

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;

3. We undertake to pay up to RBI, an amount not exceeding Rs. 2,00,000


(Rupees two lakh) only upon receipt of its first written demand, without any demur
upon simple written notice from RBI that the amount claimed by it is due or owing
to the occurrence of one or both of the two conditions, specifying the occurred
condition or conditions.

4. The Bank binds itself, its successors and assigns by these persons.

38
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.

Place: [insert place]


Date: [insert date]
Signature of the Bank

39
APPENDIX – 2

PROFORMA OF BANK GUARANTY FOR PERFORMANCE

(To be submitted on Non-Judicial Stamp Paper of the appropriate value to be


purchased in name of the issuing bank)

Please refer to Clause <Relevant Clause and Schedule of the Contract> to the
Contract.

To: The Principal Adviser

WHEREAS <Company Name> a Company registered under the Indian


Companies Act, 1956 and having its Registered Office at <Address of Registered
Office> (hereinafter referred to as “the CONTRACTOR”) has undertaken to Set
up the 'Automation & IDBMS' in the Balance of Payments Statistics Division
(BPSD) in the Department of Statistical Analysis & Computer Services (DESACS)
of the Reserve Bank of India (RBI) in respect of < Project Name> as per their
Contract date -----------with you (hereinafter referred to as the ‘CONTRACT’)
AND WHEREAS in terms of the Conditions as stipulated in the said Contract, the
CONTRACTOR is required to furnish, a Bank Guarantee by way of the
Performance Guarantee, issued by a Scheduled Commercial Bank in India, in
your favour as per Clause < relevant Clause> of the CONTRACT to secure due
and satisfactory compliance of the obligations by the CONTRACTOR on their
part, in accordance with the CONTRACT, which guarantee is hereinafter called
as “the PERFORMANCE GUARANTEE)”
AND WHEREAS the CONTRACTOR has approached us, <Bank’s Name> for
providing the PERFORMANCE GUARANTEE.
AND WHEREAS in consideration of the fact that the CONTRACTOR is our
valued constituent and the fact that he has entered into the CONTRACT with you,
WE <Bank’s Name> having our Registered Officer at <Registered Office
Address>have agreed to issue the PERFORMANCE GUARANTEE.
THEREFORE WE <Bank’s Name> through our local office at <Place>, in India
furnish you the PERFORMANCE GUARANTEE in manner hereinafter contained
and agree with you as follows:

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.

(2) Notwithstanding anything to the contrary we agree that your decision as to


whether the CONTRACTOR has made any such default or defaults and the
amount or amounts to which you are entitled by reasons thereof will be binding
on us and we shall not be entitled to ask you to establish your claim or claims
under the Performance Guarantee but will pay the same forthwith on your
demand without any protest or demur.

(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.

(4) Should it be necessary to extend the Performance Guarantee on account of


any reason whatsoever, we undertake to extend the period of the Performance
Guarantee on your request under intimation to the Contractor till such time as
may be required by you. Your decision in this respect shall be final and binding
on us.

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.

(14) Notwithstanding anything contained hereinabove our liability under the


Performance Guarantee is restricted to Rs. ----- (Rupees _____) unless a written
claim is lodged on us within three months from the date of expiry of the
Performance Guarantee i.e. on or before ----- for payment under the Performance
Guarantee within three months, all your rights under the Performance Guarantee
shall be forfeited and we shall be deemed to have been released and discharged
from all liabilities there under, irrespective of whether or not the Performance
Guarantee is returned to us.

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.

For and on behalf of

--------------------------
BRANCH MANAGER
SEAL
ADDRESS

44
APPENDIX - 3

PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT

(To be submitted on Non-judicial stamp paper of appropriate value to be


purchased in the name of the issuing Blank)

Please refer to Clause <Relevant Clause and Schedule of the Contract> to the
Contract.

To: The Principal Adviser

In consideration of you agreeing to pay to <Company Name> registered under


the Indian Companies Act 1956 and having its Registered office at <Address of
Registered Office> (hereinafter referred to as “the CONTRACTOR’) a sum of Rs.-
---- being the amount equivalent to 10% of the Contract Price as and by way of
advance payment in terms of Clause <Relevant Clause and Schedule of the
Contract> to their Contract dated ------- with you (hereinafter referred to as ‘the
CONTRACT’) for <Setting up of the 'Automation & IDBMS' in the Balance of
Payments Statistics Division (BPSD) in the Department of Statistical Analysis &
Computer Services (DESACS) of the Reserve Bank of India (RBI) > in respect of
<Project Name> on our agreeing to furnish you with our irrevocable guarantee in
manner hereinafter contained and agree with you as follows.

(1) We <Name of the Bank> having our Registered officer at <Address of


Registered Office> and local office at <Address of local Office> undertake to
indemnify you and keep you indemnified to the extent and against all losses and
damages that may be caused to or suffered by you in relation to the advance
payment to be made by you to CONTRACTOR as aforesaid by reason of any
default or defaults on the part of the CONTRACTOR in the due <completion of
the 'Automation & IDBMS' in the Balance of Payments Statistics Division (BPSD)
in the Department of Statistical Analysis & Computer Services (DESACS) of the
RBI thereof in relation to aforesaid <Project Name> or carrying out any works or
discharging any obligation under the said CONTRACT or otherwise in the
observance and performance of any of the terms and conditions relating thereto

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.

(2) Notwithstanding anything to the contrary we agree that your decision as to


whether the CONTRACTOR has made any such default or defaults and the
amount or amounts to which you are entitled by reasons thereof will be binding
on us and we shall not be entitled to ask you to establish you claim or claims
under this guarantee but will pay the same forthwith on your demand without any
protest or demur.

(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.

(4) Should it be necessary to extend this guarantee on account of any reason


whatsoever, we undertake to extend the period of this Guarantee on your request
under intimation to the Contractor till such time as may be required by you. Your
decision in this respect shall be final and binding on us.

(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.

(14) Notwithstanding anything contained hereinabove our liability under this


guarantee is restricted to Rs. ----- (Rupees _____) unless a written claim is
lodged on us within three months from the date of expiry of the Guarantee i.e. on
or before ----- for payment under this guarantee within three months, all your
rights under this guarantee shall be forfeited and we shall be deemed to have
been released and discharged from all liabilities thereunder, irrespective of
whether or not the original guarantee is returned to us.

(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.

For and on behalf of

--------------

48
BRANCH MANAGER
SEAL
ADDRESS

49
APPENDIX –4

The format for the Compliance Statement to be submitted along with the
tender

Title Category Action taken


1. Project Specification Noted Yes / No

Format of Tender

2. Covering Letter Submitted Yes / No

3. Company Profile Submitted Yes / No / Partial

4. Balance Sheets and P/L A/c for Submitted Yes / No / Partial


three years
5. Experience in 'Automation & Submitted Yes / No
IDBMS' Projects
7. Understanding of RBI requirement Submitted Yes / No

8. Proposed Methodology Submitted Yes / No

9. Proposed Architecture Submitted Yes / No

10. Project Implementation Plan Submitted Yes / No

11. Training proposal Submitted Yes / No

12. Resume of the proposed project Submitted Yes / No


leader
13. Effort Estimation Submitted Yes / No

14. Assistance expected from RBI Submitted Yes / No

15. Earnest Money Bank Guaranty Submitted Yes / No

16. Vendor's eligibility Noted Yes / No

16. Instructions to Vendors Noted Yes / No

17. Key Commercial Terms and Noted Yes / No


Conditions

***

50

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