REPLY TO PRE-BID QUERIES RFP Ref: BOI:HO:IT:RFP:CBS:SI ...

Serial No RFP Page

No

RFP Clause

No

RFP Clause Clarification BOI COMMENTS

1 16 3.2 Bank intends to select a System Integrator for Management, Monitoring and

Maintenance of Universal Banking Solution (Finacle Core, CRM, SVS, SSO, Config

Editor and Finacle Integrator etc.), Fircosoft, Allied Applications, Delivery Channels, FMS

and other Services at Central Locations, Branches/Subsidiaries and Offices for Bank’s

Overseas Setup at DC and NR located in Mumbai and DR located in Bangalure along

with local DC-DR setup in some overseas centres, based on the Bank's requirement as

stated in the RFP.

Please share what is expected from the bidder

for Local DC-DR setup overseas centres. Our

understanding is that any support that will be

required if any will be done form central site at

Mumbai

Yes . The Local DC and DR should

be in sync with production and any

support which is required to be

extended from central site ,

Mumbai.

2 18 3.2 ii. Finacle e-Banking Application- The bidder shall provide and install all kind of

patches, upgrades, and hotfixes on proactive basis as soon it released by OEM of

Solutions.

Our understanding is Any upgrade of

applications that requires OEM involvement or

requires architectural/technology changes will be

done on a change request/project basis. Please

confirm

As per RFP

3 17 3.2 i. Finacle Universal Banking Solution – The bidder shall provide and install all kind of

patches, upgrades, and hotfixes on proactive basis as soon it released by OEM of

Solutions.

Our understanding is Any upgrade of

applications that involves OEM involvement,

additional costs from OEM or change in

architecture will be done on a change request

basis. Please confirm

As per RFP

4 18 3.2 ii. Finacle e-Banking Application- The bidder shall proactively inform the projections to

Bank regarding upgradation requirement of Hardware with sizing plan and

reasonableness and monitor the same for the entire period of contract.

The sizing for e-Banking is only provided by

Edgeverve and No SI/bidder currently has

capability to do the same. The bidder can

coordinate with Bank's OEM for the same.

As per RFP

5 21 3.2 iv. Universal Banking Solution(UBS), FEBA , Fircosoft , Mobile Banking Hardware –

Bidder has to fulfil the necessary requirement for running all solution / entire setup along

with Hardware.

The necessary Hardware along with AMC is being procured separately and handed over

to CBS SI for further migration, support and management.

Our understanding is that The Hardware will be

procured, Installed, configured and will then be

handed over to the bidder. The bidder's scope

will be restricted to ongoing management of the

system. Please confirm

As per RFP

6 21 3.2 The Bidder shall be responsible for end to end migration of UBS, FEBA, Fircosoft and

allied applications from existing hardware to new hardware setup.

Bidder responsibiliy will be coordinating,

providing inputs to the hardware OEM and

escalting to Bank for any issues. Please confirm

As per RFP

7 21 3.2 Bank may opt for version migration of Finacle to the next higher version (Latest version

to be released by M/s Infosys) . Bidder shall provide the necessary solution design of the

latest version and perform the version migration Bidder shall quote the price in the

relevant section of the price schedule (6.3 part 1 3). The version migration would be done

as per discretion of Bank.

Any version migration of Finacle to newer

version has to be planned and provided in

consultation with OEM only . All solution

design/architecture/new technology decisions of

new versions will be sole discretion of the OEM.

We cannot ascertain this price at the moment as

OEM cannot provide the same. Request you to

remove this clause

As per RFP

8 22 3.2 v. UAT Setup for Universal banking, e-banking, Fircosoft and other allied applications-

The bidder shall implement the new UAT setup of all Universal Banking, e-banking,

Fircosoft and other applications as mentioned above. UAT Servers shall be segregated

and should be in different Network VLAN Segment. Post implementation, bidder shall

manage and maintain the same for entire period of contract.

Our understanding is that The Hardware will be

procured, Installed, configured and will then be

handed over to the bidder. The bidder's scope

will be restricted to ongoing management of the

system. Please confirm

As per RFP

REPLY TO PRE-BID QUERIES

RFP Ref: BOI:HO:IT:RFP:CBS:SI:1684 dated 07/05/2021

9 General 3.2 Implementation of Hardware The hardware deployment requires involvement

of OEM and cannot be done by the bidder alone.

The bidder can assist to share the information

required basis inputs from application OEM. The

technology/solution that bank is going to procure

is also unknown at this time. Request Bank to

remove the installation scope of hardware from

bidder's scope

As per RFP

10 General 3.2 vi. Sizing/ Growth Projections of Universal Banking Solution, FEBA, Fircosoft and other

allied Solutions -

The bidder shall submit projections on sizing (and Growth in terms of organic, inorganic

and number of transactions as per defined frequency (quarterly and yearly) over the

period of 7 years for the bank.

The sizing for Universal Banking, FEBA,

Fircosoft can be provided by OEM only basis the

growth projection of Bank. Bidder can coordinate

with OEM to get the sizing basis the ATS

agreement between Bank and OEM. Please

confirm if the bank is okay with the approach

As per RFP

11 23 3.2 The bidder should also provide alert/update immediately on requirement in advance

apart from defined frequency in case there is a spur in the transactions volume, i.e.

increase in transaction growth, over and above the projections. The bidder shall do

proactive monitoring and responsible for any outage in applications due to high surge

and for such non-informing to Bank well in time.

Our understanding is that all the Applications are

being monitored in Bank's ITSM tool. Bidder will

be using the tool to monitor and report any

exception. Please confirm

As per RFP. Understanding is

correct. Bidder has to use the tools

provided by the Bank to monitor

and provide the projections.

12 26 3.2 xvi. The bidder shall supply, install, configure, re-configure, manage and support a

solution, along with integration with existing applications (CBS, Fircosoft, FEBA and

Allied Applications) /setup and new applications/setup having following functionalities -

a. End-to-End encryption at application level and for data at rest, data-in-transit from one

application to another application i.e. from Finacle setup to any other application should

be implemented.

b. The bidder should provide necessary encryption and decryption utility/licenses

(perpetual) for the same which should support latest encryption algorithms.

Our understanding is that Bank has all the

licesnes for encryption/decryption of database

and bidder needs to implement the same.

Please confirm

Understanding is correct

13 28 3.2 D. The bidder shall be responsible for resolutions/closing of incidents/service calls

/tickets/alerts reported in various medium/tools. Implementation of Oracle Advance

Security and Active Data Guard Services-

The bidder shall implement the Oracle Advance Security i.e. Oracle Transparent Data

Encryption(TDE), Oracle Data redaction & Oracle Data Masking and Active Data Guard

in Universal Banking Solution, FEBA, Fircosoft and Allied Applications by deputing the

subject matter expert and professionals of modules with robust planning and zero

downtime as per intimation and concurrence from the Bank. The bidder shall ensure no

impact on services during and post implementation of the modules.

The implementation of Oracle Advance Security

i.e. Oracle Transparent Data Encryption(TDE),

Oracle Data redaction & Oracle Data Masking

and Active Data Guard will be subjected to

supportability from the Application OEM.

As per RFP

14 28 3.2 E. Application Services, Support, Administration and Management ii. The

bidder shall install and provide to the Bank all new applications, databases, operating

systems and other software versions, updates and patches as released by the OEM or

its licensors under whatever terminology so long as it relates to the Deliverables and

Services at no additional cost to the Bank. The bidder has to provide all the changes /

modifications / update/enhancement and customizations to the Deliverables required to

comply with any statutory/business/ regulatory requirement or any industry-wide changes

at no additional cost to the Bank.

We will provide all OS only for the new

applications that bidder has to deploy as part of

this RFP. The OS, DB of existing applications is

already available with the Bank and bidder need

not provide the same. Please confirm

As per RFP

15 32 3.2 The Bidder should extend assistance in testing process as and when required by the

Bank. Other types of testing like Integration (System), Unit (program), interface with other

systems, stress, security testing etc. shall be carried out by Bidder. Any necessary

hardware, software, configuration or any other item required to conduct/perform these

testing will be provided by the bidder without any additional cost to bank Bidder shall

implement required quality control measures to ensure that the code is error free before

the programs are moved into production environment. The programs / application should

be optimized for the performance metrics and availability metrics pertaining to various

Applications as stipulated in SLA clause.

Our understanding is that this will be restricted

to customisations that will be done during the

contract. Please confirm

As per RFP

16 36 3.2 The helpdesk should have capacity to handle average 200 (average) tickets logged per

day in Service Manager which may change due to modification as per UBS Support

requirement for end users. The link and router related calls pertaining to the branches

need to be addressed by the help desk in coordination with the Banks’s 3rd party service

providers as Bidder is responsible for monitoring and providing facilities management

services for the same.

Our understanding is that if any

links/routers/other TP related calls land in

helpdesk , then the helpdesk has to route the

calls to the Bank SPOC. Please confirm

As per RFP

17 43 3.3 Bidder shall co-ordinate and schedule all CBS and allied applications maintenance

activities at DC, DRC , Near DR, Local DC DR ( any location outside India)..

Our understanding is that the bidder will provide

support from Central location at Mumbai. Please

confirm

As per RFP

18 43 3.3 Bidder shall ensure permanent removal of any data in any faulty storage media, during

movement outside DC/DR/NR, through techniques like degaussing or any other method

as per Bank’s policy.

Our understanding is that bidder will handover

the media to Bank SPOC for degaussing.

Please confirm

As per RFP

19 43 3.3 The Bidder should ensure that any future upgrades, modifications or enhancements shall

not affect the current working of the licensed software and all current functionality shall

be migrated to the new / enhanced version.

The Applications are already deployed in the

Bank and bidder is not supplying these core

accplications. This cannot be ascertained by

bidder for the existing applications and subject

to OEM policy & approach

As per RFP

20 45 3.3 The Bank will provide the logistic of seating place, IT Service Management Solution, Call

Manager Solution, emails and PSTN landlines.

Our understanding is that Bank will provide the

necessary desktop and headphones for the

helpdesk. Please confirm

As per RFP

21 58 3.3 Media management including, but not limited to, tagging, cross-referencing, storing (both

on-site and off-site), logging, testing, and vaulting in fire proof cabinets.

Maintaining inventory of offsite tapes (at Bengaluru and Mumbai), on requirement.

q. Tape/ LTO library management loading and unloading tapes, etc. as per the scope.

This requires dedicated Backup team at both DC

& DR. Request you to modify the resource

requirement table

As per RFP

22 60 3.3 The service covers all the applications that run on Banks’ servers at DC, DRC and NDR,

Local DC/DR facilities designated by the Bank

Does bank has a NDR setup for the existing

applications. Please confirm

Currently No NDR setup is

available. But, In future Bank may

consider the same.

23 67 3.3 Indicative Structure of Governance Set-up

The bidder shall deploy Incident/Change/ BCP Manager for managing the incidents and

managing the changes as per laid down process.

Incident/Change/BCP manager are separate

skillsets and cannot be clubbed. Request Bank

to ask for a separate resources for this

requirement

As per RFP

24 81 3.3 L1 Helpdesk - 8 FTE The Bank is asking for round the clock helpdesk

and 8 FTE will be less. Request bank to relook

at the resource count

As per RFP

25 82 3.3 Database L1 - 4 The Bank is asking for round the clock Database

L1 and we will need 5 FTE for coverage.

Request bank to relook at the resource count

As per RFP

26 82 3.3 Database L3/Oracle ACS -1 There will be a requirement of Oracle L3

resource from bidder. If the Bank wants a Oracle

ACS resource from OEM request to include the

same additionally

Please Refer Corrigendum-1

27 107 3.3 Operating System Management Team , L1 -3, L2 -1 There are multiple OS that bidder has to support

Windows/UNIX and requires separate skillset.

Request Bank to mention additional resources

for both technologies. T


28 107 3.3 Operating System Management Team , L1 -3, L2 -1 Bank is not asked for any L3 resources and will

be required to support other than L2 . Request

you to please add the same


29 107 3.3 Middleware Support The Bank is not asked for any Midleware

Support resources if this has to be supported.

Request you to please add the same if support

is required


30 146 4.10.8 The maximum response time for a maintenance complaint from the site of installation

(i.e. time required for Supplier’s maintenance engineers to report to the installations after

a request call / fax /e-mail is made or letter is written) shall not exceed 2 (two) hours.

Request this to be changed to 8 hours. This is

the best that is available from any hardware

OEM

As per RFP

31 147 4.11.2 The above technical training has to be conducted within 3 months of signoff and is

exclusive of OEM training that is to be provided every year to the Bank team.

Can you please elaborate the requirement and

signoff of what component.

As per RFP

32 147 4.11.2 The above technical training has to be conducted within 3 months of signoff and is

exclusive of OEM training that is to be provided every year to the Bank team.

Our understanding is that OEM training required

by Bank is for Finacle only. Please confirm

As per RFP

33 151 4.18 Post warranty period, the penalty will be deducted in quarterly FMS/AMC/ATS payment.

In case, the Bank is unable to adjust penalty in FMS/AMC/ATS payment, the Bank at its

discretion may invoke the Performance Bank Guarantee (PBG) to deduct the penalty

amount.

Request you to modify the clause as " Post

warranty period, the penalty will be deducted in

quarterly FMS/AMC/ATS payment. In case, the

Bank is unable to adjust penalty in

FMS/AMC/ATS payment, the Bank at its

discretion may invoke the Performance Bank

Guarantee (PBG) to deduct the penalty amount."

As per RFP

34 152 4.18 xiv. If any critical component of the entire configuration setup is out of service , then the

Bidder & OEM shall either immediately replace the defective unit (with new one) or

replace it at its own cost or provide a standby , on immediate basis, not more than 2

hours , the Bidder should maintain proper inventory of standby components for early

resolution of issues.

Request this to be changed to 8 hours. This is

the best that is available from any hardware

OEM. THe hardware that bidder will supply as

part of this RFP is for non-critical solutions so

this will not impact the overall business

As per RFP

35 154 4.18.2.1 Availability Management of Solutions /Appliance/Products

1 % deduction of monthly contract value for the respective solution/ appliance/ software

for every reduction in uptime by 0.01 % in monthly uptime. Uptime shall be calculated

monthly

Request the penalty to be changed as "1 0.1

% deduction of monthly contract value for the

respective solution/ appliance/ software for

every reduction in uptime by 0.01 % in monthly

uptime. Uptime shall be calculated monthly

As per RFP

36 155 4.18.2.1 Manpower Management

Penalty of Rs. 300 per day & Rs 400 for absence per day for each L1 and L2 resources

respectively in addition to deduction of relevant day’s unit cost of the resource.

● Penalty of Rs. 500 per day for absence per day for L3. resource in addition to

deduction of relevant day’s unit cost of the resource.

Request you to allow 12 days casual leave & 12

days of sick leave in a year for all L1, L2 & L3

resource and no money be detectd in this

scenario

As per RFP

37 156 4.18.2.1 Patching / Security Vulnerability Compliance Management

Penalty of Rs.500 per day for delay in version upgrade of (OS, Server, Solution, protocol

etc.) per day.

Request the penalty to be changed to from per

day to per week for all the SLA under this

heading

As per RFP

38 158 4.18.2.1 Knowledge Management

OEM Health Check

Our understanding is that OEM healt check is

required for data base only. Please confirm

Your understanding is correct

39 162 4.18.2.1 4.18.3.1 Level Classification ; Critical Response and Resolution

(a) Within 10 Minutes in case wherein UBS/CBS/any business applications Database and

services restart is required &

(b) Within 15 minutes for all other cases

The stringent resolution ask is possible only for

database that is in Active- Active RAC cluster.

Request you to confirm whether RAC is

implemented , else request you to change this to

45 minutes as per the Industry standard

As per RFP

40 162 4.18.2.1 Critical - Fircosoft Request you to put this under Key As per RFP

41 162 4.18.2.1 Response time should be 5 Minutes during business and non-business hours

o Within 20 minutes

This is very strigent and request you to relax the

response and resolution timelines

As per RFP

42 170 4.18.3.3

Service Levels

For every deduction of 0.01 % in monthly SLA/ uptime as prescribed below , 1 % of

monthly charges of applicable heads will be deducted for the respective

application/solution/product as mentioned below-

This is very strigent, request you to relax the

same" For every deduction of 0.01 % in monthly

SLA/ uptime as prescribed below , 0.1 % of

monthly charges of applicable heads will be

deducted for the respective

application/solution/product

As per RFP

43 171, 174 4.18.3.3 Critical , Key

Business /Core Banking Application & Systems / Allied Services and Hence the cost of

the Quarter for the below heads divided by 3.

Affected application specific cost heads:

This is a duplication as this is covered in Section

4.18.3 for Allied applications that bidder has to

supply as part of this RFP. Request you to

remove the same

Please Refer corrigendum-1

44 172 4.18.3.3 AVAILABILITY MEASUREMENT TABLE

Following cost heads to be considered:

Our understanding is that in cost reference by "

Application" Bank means "Affected Application

FMS" reference will be taken only. Please

confirm




Request you to remove PMO Costs from the

cost reference and it be restricted to "

Respective Application + Database + Helpdesk"

only for Finacle




Request you to remove PMO Costs from the

cost reference and it be restricted to "

Respective Application + Database + Helpdesk"

only for UBS/CBS Components


47 172 4.18.3.3 Finacle e-Banking Solution (FEBA)

Monthly FMS Charges for Database, Application, FEBA, PMO and Helpdesk

Request you to change this to " Monthly FMS

Charges for Database, Application, FEBA

Support , PMO and Helpdesk


48 172 4.18.3.3 Online Interface


and Application and PMO

Request you to change this to "Monthly FMS

Charges for Customization/ development team,

Delivery Chanel Team and Application and PMO


49 173 4.18.3.3 Menus (System / Customized), Reports (System / Customized), Batch Jobs,

Customizations functioning at DC,DR and local DC/DR


Monthly FMS Charges for Database Team, Application Team ,

Customization/Development Team and PMO shall be considered for deduction

Request you to modify the clause as "Following

cost heads to be considered:

Monthly FMS Charges for Database Team,

Application Team , Customization/Development

Team and PMO shall be considered for

deduction"


50 174 4.18.3.3 Business System & Solutions/Services

All Key Solutions, Setup, Applications as mentioned above

Following cost heads of the specific application to be considered:

o Monthly Cost of Application, Database, PMO and Customisation Team

Request you to remove this as all Availability is

covered in the above section

As per RFP

51 175 4.18.3.4 Performance Measurement - Day - end, month – end, year – end

For default of every 15 minutes i.e. exceeding the defined time window will attract penalty

of:

INR 20,000 for EOD

INR 50,000 for EOM

INR of 10,00,000 for EOQ/EOY.

The penalty is very strigent and request you to

relax the same

As per RFP

52 176 4.18.3.4 System Response Time - End to End response time within the DC (from the Core

Banking Application Servers to the Database Servers and back) should be < 10 ms (milli

seconds) during business hours for OLTP transactions.

Bidder is not sized and supplying the

hardware/Storage/Network, the same is being

procured directly by Bank and request you to

remove this clause

As per RFP

53 176 4.18.3.4 System Utilization – Peak Business Window & System Utilization – Non Peak Business

Window

Bidder is not sized and supplying the

hardware/Storage/Network, the same is being

procured directly by Bank and request you to

remove this clause

As per RFP

54 176 4.18.3.4 Down time for servicing of applications

Following cost heads of the specific application to be considered:

o Monthly Cost of Application, Database and Customisation/ Development Team

Request to change this to " Following cost heads

of the specific application to be considered:

o Monthly Cost of Impacted Application,

Database and Customisation/ Development

Team

As per RFP

55 194 4.18.5 4.18.5 Resource Replacement

If the SI has to replace the resource working on the Bank of India project for any reason,

the SI should make necessary provision to provide the new resource of equivalent or

higher skillset.

If SI fails to make provision or replace, the service credit would be computed at the rate

of 0.5% of the total monthly cost for all the resources of that support category to which

that resource belongs to L1, L2, L3, and Management, for every day of delay/absence.

Total penalty imposed by the Bank under this contract shall not exceed 10% of the order

value (TCO), upon which Bank reserves the right to terminate the Contract within 90 days

from notice to the Vendor.

Request the clause be removed as the Bank will

impose penalty for Absentiesm mentioned in

Section 4.18.2.1 Manpower Management

As per RFP

56 195 4.18.7 4.18.7 On delay in Deployment of FMS

The Bidder shall deploy the required resources as per scope under FMS at Bank

centralized locations within 6 weeks from the date of Purchase order. If the Supplier fails

to deploy the resources within the time period specified in the Contract, the Bank shall,

without prejudice to its other remedies under the Contract, deduct a sum equivalent to

0.5% per week of the total FMS cost for each week or part thereof of delay, until actual

delivery subject to maximum deduction of 10% of the total price of the Facility

Management Support.

Request the clause to be changed to " 4.18.7

On delay in Deployment of FMS

The Bidder shall deploy the required resources

as per scope under FMS at Bank centralized

locations within 6 12 weeks from the date of

Purchase order contract. If the Supplier fails to

deploy the resources within the time period

specified in the Contract, the Bank shall, without

prejudice to its other remedies under the

Contract, deduct a sum equivalent to 0.5% per

week of the total FMS cost for each week or part

thereof of delay, until actual delivery subject to

maximum deduction of 10% of the total price of

the Facility Management Support.

As per RFP

57 232 FORMAT 6.3:

PRICE

SCHEDULE

DRM Solution Please share the Applications for which DRM

solution has to be proposed. Also share

Application wise ( WEB/App/DB/Middleware)

instance details

A per RFP

58 240 FORMAT 6.3:

PRICE

SCHEDULE

Part III

No mention of Middleware Resources in Commercial Format Request you to add the requirement Please Refer Corrigendum-1

59 240 FORMAT 6.3:

PRICE

SCHEDULE

Part III

Finacle OEM Training for Bank users -10 Request you to add the requirement in

Commercial template

As per RFP

60 16 63 172 4.18.3.3

61 18 ii. Finacle e-

Banking

Application-

The bank is also having StarToken NG Solution/Product for domestic and International

Internet Banking Users. The bidder shall do integration of Star Token NG with FEBA and

Universal Banking Solution along with all required interfacing and maintain and monitor

the same time to time so that Internet Banking and other functionalities/modules should

be seamlessly available via StarToken NG Solution.

Please confirm that maintenance and monitoring

of Star Toek NG solution will be limited to

integration from UBS,FEBA only.

Bidder need not provide ATS, L1,L2 support for

Star Token is outside the scope of SI.

Bidders responsibility is restricted

upto integration part only for

startoken solution.

62 20 viii. Fircosoft

Applications :

The Bidder has to develop interfaces (in co-ordination with OEM Support) to integrate

with other Applications. The Bidder shall also require to maintain, support and customize

applications, interfaces as per the bank’s requirement over the period of the contract

Please confirm the SI scope for Fircosoft

applications is limited to L1,L2 support

For L3 and customisation related requirement

the Bidder will coordinate with the OEM , the

same will be part of ATS agreement between

BAnk and OEM. Please confirm if our

understanding is correct

As per RFP. Bidder has to develop

interface for fircosoft solution also.

63 20 viii. Fircosoft

Applications :

The bidder shall address all kind of vulnerabilities as pointed out by the Info Security Cell/

RBI/CERT-In/ statuary/regulatory authorities time to time.

Bidder will resolve the issues that is possible .

However, any OEM related issues will be routed

to them and addressed as part of ATS

arrangment between Bank and OEM.Bidders

role will be coordination and track with the OEM

for resolution. Please confirm

As per RFP

64 22 iv Universal

Banking

Solution(UBS),

FEBA ,

Fircosoft ,

Mobile

Banking

Hardware –

Bank may opt for version migration of Finacle to the next higher version (Latest version

to be released by M/s Infosys) . Bidder shall provide the necessary solution design of the

latest version and perform the version migration Bidder shall quote the price in the

relevant section of the price schedule (6.3 part 1 3). The version migration would be done

as per discretion of Bank.

For major upgrades OEM involvement is

required. It will be difficult to provide any cost for

such migration/upgrade without target version

details.

As per RFP

65 23-26 vii. Interfacing,

Integration and

Support of

Delivery

Channels (

Mobile

Banking, ATM,

Kiosk, Cards,

e-galleries etc

and other

Digital Banking

Channels) -

Overseas centres may introduce above mentioned facilities in Foreign/Overseas centres

In such case SI should be able in installation, integration, monitoring and maintenance

without any extra cost to the Bank.

ur understanding is that SI scope is limited to

any interfaces from UBS,FEBA applications from

DC in India. Any interaction with Local agencies

onsite other than Mumbai will be taken care by

Bank.

As per RFP

66 40 N. ESCROW

Agreement/Arr

angement

The source code will be base source code, customizations and any other enhancements

in the UBS, FEBA and allied applications.

The Escrow agreement will be done once and

source code deposit once during the contract

period as per the standard practice

As per RFP

67 41 3.3 Detailed

Scope of

Facility

Management

Services

Facility Management for all purposes means all Annual Maintenance Contract (AMC),

warranties, ATS (Annual Technical Support) for all applications - UBS, FEBA, Fircosoft

and its allied solutions.

Please confirm, ATS for all applicaions including

UBS,FEBA,Fircosoft and allied application is

directly with bank. Hence not in scope of the

bidder.

ATS of Finacle,FEBA and fircosoft

is direcly with Bank

68 General GBM application name is coming in header of RFP the same need to be corrected to

match to RFP

Our understanding is that GBM scope is not part

of this bid. Please confirm


69 25 xiv The Bidder shall provide support to maintain the applications, implementation of new

versions of application/databases and its optimization, customization of new functionality

/ interfaces, implementation of new modules, performance tuning of applications during

the term of the contract without extra cost to bank.

SI scope is maintenance of solution

implemented at Bank and also ATS is with bank

directly by OEM. Request bank to keep

Implementation of new modules and new

version out of scope of this bid as the details are

not available and the effort for the same cannot

be estimated . This will also have OEM

dependency

As per RFP

70 29 E.Application

Services,

Support,

Administration

and

Management

x.The bidder shall use an orchestration tool for starting/stopping and managing the

services/ applications.

Our understanding is that Bank has ITSM tools

that has this functionaility available. Bidder

needs to leverage the same tools only. Please

confirm whether our understanding is correct.

As per RFP

71 3.2 Scope of

Work, Point

A (iv)

21 Bidder has to fulfil the necessary requirement for running all solution / entire setup along

with Hardware. The necessary Hardware along with AMC is being procured separately

and handed over to CBS SI for further migration, support and management.

All the hardware procured by bidder will be

handed over to bank. In this case all the security

components including antivirus/antimalware,

policy compliance, vulnerability scanning etc.,

will be supplied and supported by bank. Please

clarify

As per RFP

72 3.2 Scope of

Work, Point

D

28 The bidder shall be responsible for resolutions/closing of incidents/service calls

/tickets/alerts reported in various medium/tools. Implementation of Oracle Advance

Security and Active Data Guard Services-

Implementation of Oracle TDE requires a key

management solution in place to store the

cryptographic keys. Should bidder propose this

solution or can use the existing key

management solution with the bank? Please

confirm

As per RFP

73 3.2 Scope of

Work, Point

E (xvi)

31 The bidder shall also perform the Integrated Application Security Testing (IAST),

DAST/SAST and Source Code Audit (SCA) of new modules/interfaces/changes/scripting

or change in existing modules as made by the onsite customization/development team.

The bidder should record and submit the necessary reports/ documentation supporting

IAST and SCA for new modules/ customizations/ interfaces/ changes/ scripting or change

in existing modules. These reports should be furnished before auditors at the time of

Audit /IT Thematic examination as per regulatory guidelines.

Bidder understands that bank has a vulnerability

management solution, currently in place. Can

this be leveraged to perform IAST, DAST and

SAST scans by the bidder?

As per RFP

74 4.39

Confidentialit

y, Point 9

208 The Bidder shall provide certificate/assurance from application providers/OEMs that the

application is free from embedded malicious / fraudulent code.

With respect to this point bidder assumes that

submitting Format 6.17 on Page 277 will fulfill

this criteria, no other certificate/assurance is

needed in this case. Please confirm

As per RFP

75 139 4.4.Performan

ce Security /

Performance

Bank

Guarantee

4.4.1.The Selected Bidder shall furnish an unconditional and irrevocable Bank Guarantee

of 3% of the total value of contract, in favor of the Bank, from a scheduled Commercial

Bank / Nationalized bank of India, other than Bank of India, towards performance of the

contract in accordance with the specification and conditions of the bid document and

agreed upon on final bid evaluation.

We request PBG to be submitted for 3% of the

Annual contract value to be renewed annually

for the subsequesnt year value.

As per RFP

76 139 4.4.

Performance

Security /

Performance

Bank

Guarantee

4.7.5 If, any components and/or software fails to pass the acceptance test, the Bidder

shall be given maximum 30 days to rectify the defects and pass the acceptance test;

failing which Bank reserves the right to get the respective component

(Hardware/Software) replaced (replacement to be completed within max 21 days) by the

Bidder at no additional cost to Bank. If replacement is not done by the Bidder, Bank

reserves the right to cancel the order and recall all the payments made by Bank or

invoke performance bank guarantee. No request for extension of period for rectification

of defects will be considered from the SIs. Bank reserves rights in this matter.

Request to change as below

If, any components and/or software fails to pass

the acceptance test, the Bidder shall be given

maximum 30 days to rectify the defects and

pass the acceptance test; failing which Bank

reserves the right to get the respective

component (Hardware/Software) replaced

(replacement to be completed within max 21

days) by the Bidder at no additional cost to

Bank. If replacement is not done by the Bidder,

Bank reserves the right to cancel the order and

recall all the payments made by Bank or invoke

performance bank guarantee. No request for

extension of period for rectification of defects will

be considered from the SIs. Bank reserves

rights in this matter.

As per RFP

77 147 4.13 Prices 4.13.2 The Bidder will pass on to the Bank the benefit of discounts, if any, announced in

respect of the cost of the items for which orders have been placed during the time of

contract period.

Request deletion of this clause As per RFP

78 194 4.18.6

Liquidation

Damages/

Penalty for

delay

If the Supplier fails to deliver any or all of the products and/or systems and/or services

solutions within the time period(s) specified in the Delivery Schedule i.e. within 8 weeks

from the date of Purchase Order or installation within 12 weeks from the date of

Purchase Order, the Bank shall, without prejudice to its other remedies under the

Contract, deduct from the Contract Price, as liquidateddamages, a sum equivalent to 0.5

percent per week or part thereof of Contract Price subject to maximum deduction of 10%

of the total contract value of undelivered services / solution for each week or part thereof

of delay, until actual delivery, installation or performance as per related clauses

mentioned in RFP. Once the maximum deduction is reached, the Bank may consider

termination of the Contract at its discretion.

If the Supplier fails to deliver any or all of the

products and/or systems and/or services

solutions within the time period(s) specified in

the Delivery Schedule i.e. within 8 weeks from

the date of Purchase Order or installation within

12 weeks from the date of Purchase Order, the

Bank shall, without prejudice to its other

remedies under the Contract, deduct from the

Contract Price, as liquidateddamages, a sum

equivalent to 0.5 percent per week or part

thereof of Contract Price the total contract value

of undelivered services / solution subject to

maximum deduction of 10% of the total contract

value of undelivered services / solution for each

week or part thereof of delay, until actual

delivery, installation or performance as per

related clauses mentioned in RFP. Once the

maximum deduction is reached, the Bank may

consider termination of the Contract at its

discretion.

As per RFP

79 4.20

Termination for

Default

4.20.2 In the event the Bank terminates the Contract in whole or in part, it may procure,

up on such terms and in such manner as it deems appropriate, Products and Services

similar to those undelivered, and the Supplier shall be liable to the Bank for any excess

costs for such similar Products or Services. However, the Supplier shall continue

performance of the Contract to the extent not terminated.

We request to modify that Bank shall procure

the services following a similar process for

bidder selection for current scope. Further the

maximum liability of bidder towards the

incremental cost will be 5% of the undelivered

cost.

As per RFP

80 82 4.20

Termination for

Default

Request to include bidder to have right to

terminate/suspension of services in case of non-

payment of bidders invoice upon due date.

As per RFP

81 197 4.23

Termination for

Convenience

The Bank, by written notice sent to the Supplier, may terminate the Contract, in whole or

in part, at any time for its convenience by giving 90 days’ notice. The notice of

termination shall specify that termination is for the Bank’s convenience, the extent to

which performance of the Supplier under the Contract is terminated, and the date upon

which such termination becomes effective.

We request to included Upon termination Bank

will pay the demobilisation charges & termination

charges equivalent to 10% of annual contract

value

As per RFP

82 201 4.28 Taxes

and Duties

4.28.1 The Supplier will be entirely responsible for all applicable taxes, duties, levies,

charges, license fees, road permits, etc. in connection with delivery of products at site

including incidental services and commissioning.

Prices should be excluding GST and will be

invoiced at actual rate applicable on the date of

invoicing.

As per RFP

83 125 4.18.5

Resource

Replacement


of 0.5% of the total monthly cost for all the resources of that support category to which

that resource belongs to L1, L2, L3, and Management, for every day of delay/absence.

We request delat penalty of 0.5% per week

should be only on cost of resources not

deployed and to be capped at 10% of total price

of such un deployed resources.

As per RFP

84 126 4.18 SLA,

Uptime &

Liquidation

Damages

Total penalty imposed by the Bank under this contract shall not exceed 10% of the order

value (TCO), upon which Bank reserves the right to terminate the Contract within 90 days

from notice to the Vendor..

We request Total penalty Imposed by under this

contract for any quarter shall not exceed 10% of

the quaterly implied invoice value (AMC + ATS +

FMS) , Bank will reserve the right to terminate

the contract incase the penalty cap is breach for

3 consecutive quarter.

As per RFP

85 126 4.18.7 On

delay in

Deployment of

FMS

The Bidder shall deploy the required resources as per scope under FMS at Bank

centralized locations within 6 weeks from the date of Purchase order. If the Supplier fails

to deploy the resources within the time period specified in the Contract, the Bank shall,

without prejudice to its other remedies under the Contract, deduct a sum equivalent to

0.5% per week of the total FMS cost for each week or part thereof of delay, until actual


Management Support.

We request delay penalty of 0.5% per week

should be only on cost of resources not

deployed and to be capped at 10% of total price

of such un deployed resources.

As per RFP

86 199 4.18.8 On

Delay in

completion of

Transition

within 3

months

If the transition is not completed within 3 months, attributed to new System Integrator as

per bank’s understanding, Liquidated Damages will be applicable , a sum equivalent to

0.5% of the total transition cost for each week or part thereof of delay, until actual


Management Support.

we request to change as below

If the transition is not completed within 3

months, attributed to new System Integrator as

per bank’s understanding, Liquidated Damages

will be applicable , a sum equivalent to 0.5% of

the total transition cost for each week or part

thereof of delay, until actual delivery subject to

maximum deduction of 10% of the total price of

the Facility Management Support Transiton.

As per RFP

87 196 4.19 Payment

Schedule

i. Payment of

Solution/Applia

nce Cost-

a. On delivery- 40% payment of solution/ Appliance cost upon complete delivery of

appliance at BOI DC ,DR and Local DC-DR Site (for licenses, software, application,

allocation of licenses in the name of Bank) as per Bill of Materials. The payment for

partial delivery shall not be made.

b. On commissioning / Implementation/ Integration of the solution/Appliance - 50% of

Solution/ Appliance Cost/ Implementation Cost on successful commissioning of the

solution at BOI DC,BOI DR and Local DC-DR site and integration with all UBS, FEBA,

Fircosoft and allied applications with full high availability and redundancy at both the sites

and its acceptance from Bank team.

c. On sign off- 10% after successful deployment of the solution /Appliance along with all

licenses in Production and its acceptance & signoff from the Bank.

We request ammend as follow:

a. On delivery- 50% payment of solution/

Appliance cost upon complete delivery of

appliance at BOI DC ,DR and Local DC-DR Site

(for licenses, software, application, allocation of

licenses in the name of Bank) as per Bill of

Materials. The payment for partial delivery shall

not be made.

b. On commissioning / Implementation/

Integration of the solution/Appliance - 50% of

Solution/ Appliance Cost/ Implementation Cost

on successful commissioning of the solution at

BOI DC,BOI DR and Local DC-DR site and

integration with all UBS, FEBA, Fircosoft and

allied applications with full high availability and

redundancy at both the sites and its acceptance

from Bank team.

As per RFP

88 196 4.19 Payment

Schedule

i. Payment of

Solution/Applia

nce Cost-

a. On delivery- 40% payment of solution/ Appliance cost upon complete delivery of

appliance at BOI DC ,DR and Local DC-DR Site (for licenses, software, application,

allocation of licenses in the name of Bank) as per Bill of Materials. The payment for

partial delivery shall not be made.

b. On commissioning / Implementation/ Integration of the solution/Appliance - 50% of

Solution/ Appliance Cost/ Implementation Cost on successful commissioning of the

solution at BOI DC,BOI DR and Local DC-DR site and integration with all UBS, FEBA,

Fircosoft and allied applications with full high availability and redundancy at both the sites

and its acceptance from Bank team.

c. On sign off- 10% after successful deployment of the solution /Appliance along with all

licenses in Production and its acceptance & signoff from the Bank.

Please clarify that this will also include payment

of the implementation of these solutions.

As per RFP

89 196 C. Payment of

FMS

i. The Facility Management charges shall be paid by the bank in equal quarterly

instalments in arrears within thirty (30) days from the date submission of invoice after

completion of respective quarterly period after deducting the applicable pro-rata amount

of absent / deficit resources. The payment will be subjected to satisfactory services

rendered from the date of commencement of services and acceptance of the support

system at the rates quoted in the price schedule.

We request as below

i. The Facility Management charges shall be

paid by the bank in equal quarterly Monthly

instalments in arrears within thirty (30) days from

the date submission of invoice after completion

of respective quarterly Monthly period after

deducting the applicable pro-rata amount of

absent / deficit resources. The payment will be

subjected to satisfactory services rendered from

the date of commencement of services and

acceptance of the support system at the rates

quoted in the price schedule.

As per RFP

90 214 C. Payment of

AMC/ATS

i. The AMC/ATS charges shall be paid by the bank quarterly in arrears within thirty (30)

days from the date submission of invoice with adequate and correct / undisputed

supporting documents and after deducting the applicable penalty.

We request changes as below:

i. The AMC/ATS charges shall be paid by the

bank quarterly in arrears annually in advajce

within thirty (30) days from the date submission

of invoice with adequate and correct /

undisputed supporting documents and after

deducting the applicable penalty.

As per RFP

91 196 4.19 Payment

Schedule

request to include that all bidder invoices to be

be paid with 30 days of invoice date

As per RFP

92 40 3.2 Scope of

Work

N. ESCROW Agreement/Arrangement The selected bidder has to arrange and facilitate

into ESCROW Agreement along with OEM for depositing original source code into a

mutually agreed third party vendor for safe keeping of source code for the entire duration

of contract. The source code will be base source code, customizations and any other

enhancements in the UBS, FEBA and allied applications. The cost /expenses of

arrangement for operating of the account with for ESVROW agreement shall be borne by

Bidder

1) The Escrow Account shall be only for

Application software supplied by Third Party

OEM subject to their agreement

2) The cost of Escrow shall be borne by the

Bank

3) Source code for the customization shall be

uploaded on the Bank's repository server as

mutually agreed

As per RFP

93 126 Bid Security 3.17.7 The Bid security may be forfeited: a) If a the Bidder withdraws its Bid during the

period of Bid validity specified by the Bidder on the Bid Form; or b) If a the Bidder makes

any statement or encloses any form which turns out to be false / incorrect at any time

prior to signing of Contract; or c) In the case of a successful the Bidder, if the Bidder

fails; (i) To sign the Contract; OR (ii) To furnish Performance Security, as mentioned in

Clause 4.4 herein. OR (iii) To accept of Purchase Orders issued for the items as

mentioned in this RFP Process

3.17.7 The Bid security may be forfeited: a) If a

the Bidder withdraws its Bid during the period of

Bid validity specified by the Bidder on the Bid

Form; or b) If a the Bidder makes any statement

or encloses any form which turns out to be false

/ incorrect at any time prior to signing of

Contract; or c) In the case of a successful the

Bidder, if the Bidder fails; (i) To sign the mutually

agreed Contract; OR (ii) To furnish Performance

Security, as mentioned in Clause 4.4 herein. OR

(iii) To accept of Purchase Orders issued for the

items as mentioned in this RFP Process

As per RFP

94 132 The Recipient unconditionally acknowledges by submitting its response to this RFP

document that it has not relied on any idea, information, statement, representation, or

warranty given in this RFP document

Bidder has submitted the bid based on inputs

given by the bank with respect to its solution

requirements

As per RFP

95 135 3.33 Signing of Contract At the time when the Bank notifies the successful Bidder that its

Bid has been accepted, the Bank will send the Bidder the Contract Draft, incorporating all

terms, conditions of agreements between the parties. The Bank reserves the right to

incorporate additional clauses as per legal and regulatory requirements of the Bank.

At the time when the Bank notifies the

successful bidder that it’s Bid has been

accepted, the Bank will send the bidder the

Contract Form to be mutually agreed as per

format 6.5, incorporating all agreements

between the parties.

As per RFP

96 139 4.3 Patent

Rights/Intellect

ual Property

Rights

4.3.1 In the event of any claim asserted by a third party of infringement of copyright,

patent, trademark, industrial design rights, etc. arising from the use of the products or

any part thereof in India, the Supplier shall act expeditiously to extinguish such claim. If

the Supplier fails to comply and the Bank is required to pay compensation to a third party

resulting from such infringement, the Supplier shall be responsible for the compensation

to claimant including all expenses, court costs and lawyer fees. The Bank will give notice

to the Supplier of such claim, if it is made, without delay. The Supplier shall indemnify the

Bank against all third-party claims of infringement of patent, trademark, intellectual

property, copyrights or industrial design rights arising from use of the Products or any

part thereof

1) Any issues arising out of third party products

or services shall be governed exclusively by the

EULA and support agreement signed directly

between the BOI and the OEM

(2) BOI acknowledges that the ownership of the

Software will always be with the respective

licensors

(3) Bidder claims and represents that it has

obtained appropriate rights to provide the

Deliverables upon the terms and conditions

contained in this Agreement. BOI agrees and

acknowledges that save as expressly provided

in this Agreement, all Intellectual Property Rights

in relation to the Software, Deliverables and any

adaptations, translations and derivative works

thereof whether protectable as a copyright, trade

mark, patent, trade secret design or otherwise,

provided by Bidder during, in connection with or

in relation to fulfilling its obligations under this

Agreement belong to and shall remain a

property of Bidder or its licensor.

(5) All copyrights and other intellectual property

rights existing prior to the "Effective Date" will

belong to the party that owned such rights

immediately prior to the "Effective Date". All

modifications and enhancements to, and

derivative works from, pre-existing intellectual

property rights will belong to the party that

owned such pre-existing intellectual property

rights. Neither party will gain by virtue of this

Agreement any rights of ownership of

copyrights, patents, trade secrets, trademarks or

any other intellectual property rights owned by

the other.

As per RFP

97 143 Acceptance TestThe Bidder and Bank officials shall sign ATP documents after checking all applications

accessibility. Pending completion of acceptance tests, the bank reserves the right to

use the system and such usage shall not be deemed as acceptance of the system

by the selected Bidder

The Bidder and Bank officials shall sign ATP

documents after checking all applications

accessibility. Pending completion of

acceptance tests, the bank reserves the right

to use the system and such usage only for

testing purpose which shall not be deemed

as acceptance of the system by the selected

Bidder. Deemed acceptance shall happen if

Bank uses the system for commercial

purpose

As per RFP

98 146 CTR 4.10.5 If the Supplier, having been notified, fails to remedy the defect(s) within the 2

hours’ time duration from the incident, the Bank may proceed to take such remedial

action as may be necessary, at the Supplier’s risk and expense and without prejudice to

any other rights, which the Bank may have against the supplier under the Contract. The

Bank shall also impose penalty as mentioned in clause for such defects in the solution as

per Clause 4.18. 4.10.6 Please refer to Clause 3 for related scope and Clause 4.18 for

details of uptime required by the Bank.

4.10.5 If the Supplier, having been notified, fails

to remedy the defect(s) within the 6 hours’ time

duration from the incident

As per RFP

99 148 4.14 Change

Orders

4.14.1 The Bank may, at any time, by a written order given to the Supplier, make

changes within the general scope of the Contract in any one or more of the following: (a)

Technical and functional specifications. (b) Services to be provided by the Supplier.

4.14.2 If any such change causes an increase or decrease in the cost of, or the time

required for the Supplier’s performance of any provisions under the Contract, an

equitable adjustment shall be made in the Contract Price or delivery schedule, or both,

and the Contract shall accordingly be amended. Any claims by the Supplier for

adjustment under this clause must be asserted within thirty (30) days from the date of

Supplier’s receipt of the Bank's change order.

Any change in the scope shall undergo through

change management process. The change

requirement will be analyzed and its impact on

the effort, time, and resource will be mutually

discussed.

As per RFP

100 148 4.16 Assignment4.10.5 If the Supplier, having been notified, fails to remedy the defect(s) within the 6

hours’ time duration from the incident

In the event Bank is privatised, the onerous

terms being agreed by the Bidder due to Bank

status as government Bank (Art 12 State) may

need to be re-visited and accordingly mutually

agreed at the time of assignment

As per RFP

101 194 4.18.5

Resource

Replacement


of 0.5% of the total monthly cost for all the resources of that support category to

which that resource belongs to L1, L2, L3, and Management, for every day of

delay/absence. Total penalty imposed by the Bank under this contract shall not exceed

10% of the order value (TCO), upon which Bank reserves the right to terminate the

Contract within 90 days from notice to the Vendor.

If SI fails to make provision or replace, the

service credit would be computed at the rate of

0.5% of the related monthly cost for the said

resources of that support category to which that

resource belongs to L1, L2, L3, and

Management, for every day of delay/absence.

Total penalty imposed by the Bank under this

contract shall not exceed 10% of the order value

(TCO), upon which Bank reserves the right to

terminate the Contract within 90 days from

notice to the Vendor.

As per RFP

102 194 4.18.6 Liquidation Damages/ Penalty for delay On Delay in delivery implementation of

the Solution under scope of this RFP: If the Supplier fails to deliver any or all of the

products and/or systems and/or services solutions within the time period(s) specified in

the Delivery Schedule i.e. within 8 weeks from the date of Purchase Order or installation

within 12 weeks from the date of Purchase Order, the Bank shall, without prejudice to its

other remedies under the Contract, deduct from the Contract Price, as liquidated

damages, a sum equivalent to 0.5 percent per week or part thereof of Contract Price

subject to maximum deduction of 10% of the total contract value of undelivered services

/ solution for each week or part thereof of delay, until actual delivery, installation or

performance as per related clauses mentioned in RFP. Once the maximum deduction is

reached, the Bank may consider termination of the Contract at its discretion.

4.16.1 If the Supplier fails to deliver any or all of

the Products or perform the Services within the

time period(s) specified in the Contract, the

Bank shall, without prejudice to its other

remedies under the Contract, deduct from the

Contract Price, as liquidated damages, a sum

equivalent to 0.5 percent per week or part

thereof of the delayed portion of such product

/ services subject to maximum deduction of

10% of the delivery Price of delayed Products

or unperformed services, until actual delivery

or performance. Once the maximum deduction

is reached, the Bank may consider termination

of the Contract.

As per RFP

103 195 4.19 Payment

Schedule

B. i. Payment of Solution/Appliance Payment of Solution/Appliance Cost- All payment will be done within 30 days of

receipt of Invoice

As per RFP

104 197 4.19 Payment

Schedule

C. Payment of AMC/ATS i. The AMC/ATS charges shall be paid by the bank quarterly in

arrears within thirty (30) days from the date submission of invoice with adequate and

correct / undisputed supporting documents and after deducting the applicable penalty.

C. Payment of AMC/ATS i. The AMC/ATS

charges shall be paid by the bank quarterly in

advance within thirty (30) days from the date

submission of invoice with adequate and correct

/ undisputed supporting documents and after

deducting the applicable penalty.

As per RFP

105 197 4.20

Termination for

Default

4.20.1 The Bank, without prejudice to any other remedy for breach of Contract, by a

written notice of default sent to the Supplier, may terminate the Contract in whole or in

part: (a) if the Supplier fails to deliver any or all of the Products and Services, within the

period(s) specified in the Contract, or within any extension thereof granted by the Bank;

OR (b) if the Supplier fails, to perform any other obligation(s) under the Contract.

4.20.2 In the event the Bank terminates the Contract in whole or in part, it may

procure, up on such terms and in such manner as it deems appropriate, Products

and Services similar to those undelivered, and the Supplier shall be liable to the

Bank for any excess costs for such similar Products or Services. However, the

Supplier shall continue performance of the Contract to the extent not terminated.

4.20.1 The Bank, without prejudice to any other

remedy for breach of Contract, by a written

notice of default with 30 days cure period sent to

the Supplier, may terminate the Contract in

whole or in part: (a) if the Supplier fails to deliver

any or all of the Products and Services, within

the period(s) specified in the Contract, or within

any extension thereof granted by the Bank; OR

(b) if the Supplier fails, to perform any other

obligation(s) under the Contract. 4.20.2 In the

event the Bank terminates the Contract in whole

or in part, it may procure, up on such terms and

in such manner as it deems appropriate,

Products and Services similar to those

undelivered, and the Supplier shall be liable to

the Bank for any 10% of the differential excess

costs for such similar Products or Services.

However, the Supplier shall continue

performance of the Contract to the extent not

terminated.

In case of delay or default in payment beyond

60 days, supplier shall have the right to suspend

the services / terminate the contract.

As per RFP

106 198 4.21 Force Majeure 4.21.1 Notwithstanding the provisions of TCC, the Supplier shall not be liable for

forfeiture of its performance security, liquidated damages, or termination for default if and

to the extent that it’s delay in performance or other failure to perform its obligations under

the Contract is the result of an event of Force Majeure. 4.21.2 For purposes of this

clause, “Force Majeure” means an event beyond the control of the Supplier and not

involving the Supplier’s fault or negligence and not foreseeable. Such events may

include, but are not restricted to, acts of the Bank in its sovereign capacity, wars or

revolutions, fires, floods and freight embargoes.

4.20.2 For purposes of this clause, “Force

Majeure” means an event beyond the control of

the Supplier and not involving the Supplier’s

fault or negligence and not foreseeable. Such

events may include, but are not restricted to,

acts of the Bank in its sovereign capacity, wars

or revolutions, fires, floods, epidemics,

pandemics; quarantine restrictions, and freight

embargoes. 4.20.3 If a Force Majeure situation

arises, the Supplier shall promptly notify the

Bank in writing of such condition and the cause

thereof. Unless otherwise directed by the Bank

in writing, the Supplier shall continue to perform

its obligations under the Contract as far as is

reasonably practical, and shall seek all

reasonable alternative means for performance

not prevented by the Force Majeure event

As per RFP

107 198 4.21 Force Majeure4.21.4 If a Force Majeure situation arises, the Supplier shall ensure minimum half of

resources strength for ensuring continuity of critical setup. The bidder shall arrange all

kind of arrangements, conveyance, accommodation and logistics to their resources for

ensuring availability onsite for supporting the operations and continuity of business

operations with no extra cost to the Bank. Failing which, the penalty for non-availability of

resources shall be applicable in case of force majeure too.

In the ongoing Covid-19 situation, due to any

government guidelines / regulations any impact

on service delivery will be mutually resolved

between Bank and EIT. The Bank will provide

EIT all necessary support as may be required

from its side during this period.

As per RFP

108 199 4.23

Termination for

Convenience

The Bank, by written notice sent to the Supplier, may terminate the Contract, in whole or

in part, at any time for its convenience by giving 90 days’ notice. The notice of

termination shall specify that termination is for the Bank’s convenience, the extent to

which performance of the Supplier under the Contract is terminated, and the date upon

which such termination becomes effective.

Bank will accordingly pay mutually agreed exit

fees

As per RFP

109 199 4.24

Resolution of

Disputes

(a) In case of dispute or difference arising between the Bank and the Supplier relating to

any matter arising out of or connected with this agreement, such disputes or difference

shall be settled in accordance with the Arbitration and Conciliation Act, 1996

The arbitration shall be held in accordance with

the Arbitration and Conciliation Act, 1996 or any

statutory modification or re-enactment thereof.

As per RFP

110 201 4.28 Taxes and Duties 4.28.1 The Supplier will be entirely responsible for all applicable taxes, duties, levies,

charges, license fees, road permits, etc. in connection with delivery of products at site

including incidental services and commissioning

Road Permits if any need to be issued by the

Bank wherever as applicable

GST shall be extra by Bank

As per RFP

111 203 4.30 Supplier’s

obligations

The Supplier will abide by the job safety measures prevalent in India and will free the

Bank from all demands or responsibilities arising from accidents or loss of life, the cause

of which is the Supplier’s negligence. The Supplier will pay all indemnities arising from

such incidents and will not hold the Bank responsible or obligated

The Supplier will abide by the job safety

measures prevalent in India and will free the

Bank from all demands or responsibilities arising

from accidents or loss of life, the cause of which

is the Supplier’s negligence. The Supplier will

pay all damges arising from such incidents and

will not hold the Bank responsible or obligated

As per RFP

112 203 4.31 Patent

Rights/Intellect

ual Property

Rights

In the event of any claim asserted by a third party of infringement of trademark, trade

names, copyright, patent, intellectual property rights or industrial design rights arising

from the use of the Products or any part thereof in India, the Supplier shall act

expeditiously to extinguish such claim. If the Supplier fails to comply and the Bank is

required to pay compensation to a third party resulting from such infringement, the

Supplier shall be responsible for the compensation including all expenses, court costs

and lawyer fees. The Bank will give notice to the Supplier of such claim, if it is made,

without delay.

This repeated and need to be deleted at clause

4.3 Page 139

As per RFP

113 205 4.37 Limitation

of Liability

4.37.1 For breach of any obligation mentioned in this agreement, subject to clause

4.37.3, in no event Service Provider shall be liable for damages to the Bank arising under

or in connection with this agreement for an amount exceeding the total Project Cost.

4.37.2 Service Provider will ensure Bank’s data confidentiality and shall be responsible

for liability arising in case of breach of any kind of security and/or leakage of confidential

customer/ Bank’s related information to the extent of loss so caused. 4.37.3 The

limitations set forth herein shall not apply with respect to: i. claims that are the

subject of indemnification pursuant to IPR infringement, ii. damage(s) occasioned by the

gross negligence, fraud or willful misconduct of Service Provider, iii. damage(s)

occasioned by Service Provider for breach of Confidentiality Obligations, iv. when a

dispute is settled by the Court of Law in India, v. loss occasioned by non-

compliance of Statutory or Regulatory Guidelines. 4.37.4 In no event shall either

party be liable for any consequential, incidental, indirect, special or punitive damage, loss

or expenses (including but not limited to business interruption, lost business, lost profits,

or lost savings) nor for any third party claims (other than those set-forth in Clause 4.38)

even if it has been advised of their possible existence.

1) Gross negligence / wilful misconduct need to

be defined

2) Bank need to remove wording related to v.

when a dispute is settled by the Court of Law in

India, v. loss occasioned by non-compliance of

Statutory or Regulatory Guidelines applicable to

Bidder's scope.

As per RFP

114 205 4.38 Indemnity 4.38.1 The Bidder has to Indemnify the Bank, and shall keep indemnified and hold the

Bank harmless from and against any and all losses, liabilities, claims, actions, costs and

expenses (including attorneys' fees) and also relating to and/or resulting from or in any

way arising out of any claim, suit or proceeding brought against the Bank by a third party

as a result of:

1) Indemnity shall be only for 3rd Party Claim

2) Under no circumstances, shall either party be

liable for any indirect, consequential or incident

losses, damages or claims including loss of

profit or business or revenue.

3) The bidder has to Indemnify the Bank, and

shall keep indemnified and hold the Bank

harmless from and against any and all losses,

liabilities, claims, actions, costs and expenses

(including attorneys’ fees) and also relating to

and/or resulting from or in any way arising out of

any claim, suit or proceeding brought against the

Bank by a third party as a result of:

As per RFP

115 206 4.38 Indemnity (c) Breach of any of the material term of this Agreement and/or its Annexures or breach

of any representation or warranty of the Company under this Agreement related to the

scope of the RFP and/or contract, and/or (d) Violation of the Confidentiality obligations by

the Company and/or its officials/employees or any other person employed by them in

connection with the Contract, and/or (e) Any breach of IPR violations by the Company on

material if any supplied by Company.

b) To be deleted: by any statutory/regulatory/

govt. authority and/

c) . Breach of any of the material term of the

Contract /or its Service Level Agreement or

Breach of any of the material terms of this

agreement by their subcontractors, if

subcontracting of any part of this agreement is

permitted by Bank in writing.

As per RFP

116 206 4.38 Indemnity 4.38.3 The Service provider shall indemnify and keep fully and effectively indemnified the

Bank against any fine or penalty levied on the Bank for improper payment of tax for the

reasons attributable to the Service Provider.

This clause need to be mutually discussed.

4.38.3 The Service provider shall indemnify and

keep fully and effectively indemnified the Bank

against any fine or penalty levied on the Bank

for improper payment of tax for the reasons

attributable to the Service Provider.

As per RFP

117 206 4.38 Indemnity 4.38.4 The Service Provider hereby undertakes the responsibility to take all possible

measures, at no additional cost, to avoid or rectify any issues which thereby results in

non-performance of software/ hardware/ deliverables within reasonable time. The Bank

shall report as far as possible all material defects to the Service Provider without undue

delay. The Service Provider also undertakes to co-operate with other service providers

thereby ensuring expected performance covered under scope of work.

This clause need to be removed from Indemnity

and added to scope

As per RFP

118 207 4.39

Confidentiality

4.39.3 The Company agrees to keep in confidence and not disclose to any third party

and all Confidential Information available to the Company and whether such information

is given in writing or oral or visual, and whether such writing is marked to indicate the

claims of ownership and/or secrecy or otherwise.

The Company agrees to keep in confidence and

not disclose to any third party and all

Confidential Information available to the

Company and whether such information is given

in writing or oral or visual, and whether such

writing is marked to indicate the claims of

ownership and/or secrecy or otherwise.

As per RFP

119 207 4.39

Confidentiality

4.39.5 The provisions of this Article shall survive notwithstanding the expiration or

termination of this Agreement for any reason whatsoever

4.39.5 The provisions of this Article shall survive

for additional 2 years after expiry / termination of

the contract

As per RFP

120 208 4.39

Confidentiality

4.39.9 The Bidder shall provide certificate/assurance from application providers/OEMs

that the application is free from embedded malicious / fraudulent code.” 4.39.10 The

Bidder shall ensure that the equipment / application / software being supplied shall be

free from malicious code (Viruses, Trojan, Spyware etc.) and shall be liable for any loss

(information, data, equipment, theft of Intellectual Property Rights, network breach,

sabotage etc.) incurred to the Bank arising due to activation of any such embedded

malware / malicious code. The Bidder shall further supply a certificate to the Bank in the

form Appended herewith. 4.39.11 The Bidder shall ensure that subsequent patch,

hotfixes and upgrades are also free from malicious code. 4.39.12 The Bidder shall abide

by the Corporate Information Security Policy/ other applicable IT Policies of the Bank (as

amended from time to time), which will be shared by the Bank with the Successful Bidder

on need to know basis. The Successful Bidder shall

This clause need to be removed from

Confidentiality and added to scope

As per RFP

121 209 4.39

Confidentiality

ensure that the equipment/application/software supplied under the RFP shall be

compliant with the CISP at all times. 4.39.13 The Bidder shall submit the background

verification and provide the training on information security awareness for their

employees, in the case of deputing them to work in Bank premises. 4.39.14 The Bidder

shall provide the DC/DR/Local DC/DR (at overseas centre) support for the application /

servers hosted on behalf of the Bank and the same to be in line with respect to the

Recovery Time Objective (RTO) and Recovery Point Objective (RPO) of Bank’s

Business Continuity Policy (BCP).

This clause need to be removed from

Confidentiality and added to scope

As per RFP

122 212 4.42

INSPECTION

AND AUDIT

4.42.3 Service Provider further agrees that whenever required by the Bank, it will furnish

all relevant information, records/data to such auditors and/or inspecting officials of the

Bank/ Reserve Bank of India and/or any regulatory authority required for conducting the

audit. The Bank reserves the right to call and/or retain for any relevant material

information / reports including audit or review reports undertaken by the Service Provider

(e.g. financial, internal control and security reviews) and findings made on the Service

Provider in conjunction with the services provided to the Bank.

1) Bidders financial information shall be

excluded from such audit

2) Cost of audit shall be borne by the Bank

As per RFP

123 Bank General

Responsibilitie

s

(1) Bank to set out standard bank dependencies

(2) Bidder suggest adding appropriate relief

event/savings clause to enable Bidder ability to

obtain schedule adjustments or financial relief in

case of delay / inaction attributable to Bank

As per RFP

124 Site Not Ready Wherever installation could not be carried out by

Bidder due to the Bank’s dependencies like Site

not ready etc. even after 30 days beyond the

date of delivery then the payment would be

released, upon Bidder submission of certificate

from location concerned duly signed (with

Bank’s seal affixed) by the Bank Authority

concerned on the Bank’s dependencies like site

is not ready etc. However, in such a case EIT

Services India Pvt. Ltd. has to give an

undertaking to complete installation within a

week of being informed that the site is ready

As per RFP

125 Compliance

with Applicable

Laws of India

1) Bidder shall be responsible for the laws that

are applicable to it in its capacity as a system

integratorion services to the extent that such

requirements relate to the performance of DXC's

obligations under the contract. Such obligations

shall be restricted to Bidder's scope of work.

2) Each Party hereto is solely responsible for

complying with the applicable laws or regulations

as applicable to it, when performing its activities

under or in connection with the signed

Agreement.

3) If any regulatory requirements change during

the Term, the Parties will adjust the Services in

accordance with the Change Control Procedure

to the extent required due to changes in any

regulatory requirements applicable to the BOI’s

business or the Network. Bidder is not providing

any legal, tax, accounting or other professional

advice as part of the Services

As per RFP

126 Deemed

Acceptance

The Acceptance is deemed to be granted in the

following circumstances:

1.Any delay in the License or implementation

milestones which is beyond DXC’s scope and

has dependency on any other 3rd party or Bank

except DXC shall be deemed accepted when

DXC has delivered its portion of service or when

it was originally due whichever is earlier

2.When customer puts equipment into

commercial service prior to issuing the

Acceptance certificate

3.If the customer uses the equipment (if

necessary, with a limited time period such as 2

days) without issuance of the Acceptance

certificate, then customer must accept that

equipment is ready for use

4.Bank would provide signoff for each

deliverable within 5 days from submission of

signoff-document after mutual agreement of

acceptance of deliverable else the same would

be treated as deemed signoff

5.In the event the software is in production for

a period of 5 days, if Go Live is not signed-off, it

is deemed accepted and signed-off.

As per RFP

129 239 Format 6.3:

Price Schedule

Part II

10) Bank at its discretion can terminate the AMC contract in whole or as part thereof with

the Bidder and discontinue the same without citing any reason by giving 90 days’ notice

and applicable amount, on a pro-rata basis, for the service rendered shall be payable.

Request deletion of the clause. As per RFP

130 248 Format 6.4:

Bid Security

Form

. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser during

the period of Bid validity: (a) fails or refuses to execute the Contract Form if required; or

We request the clause to be modified as below:

If the Bidder, having been notified of the

acceptance of its Bid by the Purchaser during

the period of Bid validity: a) fails or refuses to

execute the mutually Contract Form if required;

As per RFP

131 250 Format 6.5:

Contract Form

2. The following documents of Bid No.: BOI:HO:IT:RFP:CBS:SI:1684 dated 07/05/2021

shall be deemed to form and be read and construed as part of this Agreement, viz.: a)

the Bid Form and the Price Schedule submitted by the Bidder; b) the Bill of Material; c)

the Technical Functional Specifications; d) the Terms and Conditions of Contract; e) the

Purchaser's Notification of Award; f) Schedule of Dates, Amounts etc

We request the clause to be modifed as below:

(A detailed contract / agreement between the

Bank and bidder will be executed covering RFP

clauses, Bill of Material, Price, SLA etc ) The

vendor shall execute the contract/ Agreement/

Service Level Agreement (SLA) in the format

devised by the Bank & mutually agreed by

Bidder / Bank.

As per RFP

132 271 Format 6.15:

Compliance

Statement

We certify and agree to abide by all other clauses, terms, conditions and specifications

mentioned in the RFP. Deviations if any

We certify and agree to abide by all other

clauses, terms, conditions and specifications

mentioned in the RFP along with the bid

response. Deviations if any

As per RFP

133 272 Format 6.15:

Compliance

Statement

Note: There should not be any deviations in the solution proposed by the Bidder. Bidder

has to give his response by writing ‘NIL’ in the statement. It shall be deemed that there is

no deviation, irrespective of the fact whether any mention in the bid document anywhere.

Note: There should not be any deviations in the

solution proposed by the Bidder other than the

assumptions as set forth in our bid. Bidder has

to give his response by writing ‘NIL’ in the

statement. It shall be deemed that there is no

deviation, irrespective of the fact whether any

mention in the bid document anywhere.

As per RFP

136 283 Format 6.18:

Pre-Contract

Integrity Pact

5.3 In case of the successful Bidder a clause would also be incorporated in the Article

pertaining to Performance Bond in the Purchase Contract that the provisions of

Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a

decision by the BUYER to forfeit the same without assigning any reason for imposing

sanction for violation of this Pact.

Bidder shall issue PBG As per RFP

139 296 Format 6.25:

Unconditional

Acceptance Of

The Terms

&Amp;

Conditions Of

The Rfp

This is to confirm that we unconditionally accept all the terms and conditions as

mentioned in the said RFP including all addendum/amendment/ corrigendum floated for

Bank of India pertaining to this RFP Ref. No. BOI:HO:IT:RFP:CBS:SI:1684 dated

07/05/2021

This is to confirm that we unconditionally accept

all the terms and conditions as mentioned in the

said RFP including all addendum/amendment/

corrigendum floated for Bank of India pertaining

to this RFP Ref. No.

BOI:HO:IT:RFP:CBS:SI:1684 dated 07/05/2021

along with the bid response.

As per RFP

140 304 Format 6.29:

Checklist

Unconditional acceptance of all clauses, terms and conditions of RFP (Format clause

6.25)

Unconditional acceptance of all clauses, terms

and conditions of RFP (Format clause 6.25)

along with the bid response

As per RFP

141 284 Format 6.18:

Pre-Contract

Integrity Pact

(vi) To cancel all or any other Contracts with the Bidder Bidder requests deletion of the clause. As per RFP

1 31 E. Application Services, Support, Administration and Management ->xviii

We understand the testing activities such as

UAT, SIT, Performance Testing to be executed

by System integration for new changes,

updates & Customizations for the applications

defined in the RFP . Please confirm

As per RFP

2 31 E. Application Services, Support, Administration and Management ->xvii

We request to consider involvement of

independent QA vendor by System Integrator

for the defined testing activities such as UAT,

SIT, Performance Testing. Kindly consider as

this helps in providing test assets of various

applications which will accelerate overall

delivery cycle and quality testing without any

bugs.

As per RFP

3 236 FORMAT 6.3: PRICE SCHEDULE

We request to include additional table for

testing resources cost as below

1. Functional Testing - Y1 to Y7- No of resources

Qty(2500 Test cases design & execution)

2. Performance Testing - Y1 to Y7- No of

resources Qty(2500 Concurrency)

As per RFP

4 234 Section-C version migration of Finacle to the next higher version

Finacle CBS migration involves Data migration

as an activity which is complex and time taking

and hence validation of data migration is also a

time taking activity. We recommend to ensure

the validation of data migration using

automated utility and kindly include line time

as " Migration Testing Cost".

As per RFP

5 31 E. Application Services, Support, Administration and Management ->xvii

Considering the duration period as 7 years and

complexity of Finacle CBS, FEBA, Fircosoft and

Allied Services migration and its assurance,

Automation first strategy is recommended to

shorten the implementation duration. We

recommend to include critical functionality test

automation to fast track the engagement.

As per RFP

REPLY TO PRE-BID QUERIES RFP Ref: BOI:HO:IT:RFP:CBS:SI ...

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