REQUEST FOR PROPOSAL FOR Acquiring Business through … Solution-for-Merchant... · RFP for...

RFP for End-to-End Solution for Merchant Acquiring Business through Supply, installation, maintenance and management of EDC machines and/or POS terminal at on Rental basis

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Bank of Maharashtra

REQUEST FOR PROPOSAL FOR

End-to-End Solution for Merchant Acquiring Business through Supply,

installation, maintenance and management of

EDC (Electronic Data Capture) machines and/or Point of Sales (POS)

terminal at various merchant establishments on Rental basis

Head Office, ‘LOKMANGAL’ 1501, Shivaji Nagar, Pune – 411 005

Cost of Tender Document: Rs. 10,000/-

TENDER REFERENCE # 172017


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Important Clarifications:

Following terms are used in the document interchangeably to mean:

1. Bank means ‘Bank of Maharashtra’ 2. RFP means the Request for Proposal no 172017 - RFP for End-to-End Solution for Merchant

Acquiring Business through Supply, installation, maintenance and management of EDC machines and/or POS terminal at on Rental basis

1. Bidder means the respondent to the RFP document 2. Bidding Partner / Partner means Organization with which bidder is having tie up arrangements

to avail specific services to fulfill the requirements as mentioned in RFP 3. CBS means Core Banking Solution implemented in the Bank 4. Bidder and Bank shall be individually referred to as ‘Party’ and collectively as ‘Parties’ 5. Bidder / Respondent – signifies those who purchase this tender document and submits

Response to it. 6. DC means Data Centre 7. DR/DRC/DRS means Disaster Recovery Site 8. NS/NLS means Near Site 9. DB means Database 10. RFP means Request for Proposal (Interalia the term "Tender") 11. EMD means Earnest Money Deposit 12. EDC means Electronic Data Capture 13. PoS means Point of Sale 14. PSTN means public switched telephone network 15. GPRS means General packet radio service 16. MPoS means Mobile Point of Sale 17. Bidder means Who purchase this tender document and submit response to it 18. SUCCESSFUL BIDDER/ L1 BIDDER means Means the Bidder who is found to be the lowest

bidder, subject to compliance of all the Terms and Conditions of the RFP etc. 19. Service Provider means Means respondent to the RFP document also abbreviated as

"Bidder" 20. Bank means Bank means "BANK OF MAHARASHTRA " 21. NEFT means National Electronic Funds Transfer 22. RTGS means Real Time Gross settlement 23. ECS means Electronic Clearing System 24. NPCI means National Payments Corporation of India 25. AMEX means American Express 26. EMV means Europay, MasterCard and Visa, 27. TLE means Terminal Line Encryption 28. UKPT means Unique Key Per Transaction 29. DUKPT means Derived Unique Key Per Transaction 30. PCI-DSS means Payment Card Industry Data Security Standard 31. PA-DSS means Payment Application-Data Security Standard 32. DCC means Dynamic Currency Conversion 33. DRS means Disaster Recovery Site 34. BCP means Business Continuity Plan 35. OEM means Original Equipment Manufacturer 36. BIN means Bank Identification Number 37. BG means Bank Guarantee


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38. SOLUTION means means Set up, Manage and Operate Merchant Acquiring Business through POS/EDC terminals as per this RFP

39. MIP/VAP/NFS means Master Interface point/VISA Access Point/ National 40. means Financial Switch 41. NFC means Near Field Communication 42. Solution means Set up, Manage and Operate Merchant Acquiring Business through

POS/EDC terminals as per this RFP. 43. Proposal means that Technical proposal and financial proposal as per the formats prescribed

in the RFP. 44. New Business Procurement means procurement of new Current Account/Saving Fund

Account under new relationship along with installation of PoS/EDC terminal attached with new account

This document is meant for the specific use by the Company / person/s interested to participate in the current tendering process. This document in its entirety is subject to Copyright Laws. The Bidder or any person acting on behalf of the Bidder should strictly adhere to the instructions given in the document and maintain confidentiality of information. The Bidder/s will be held responsible for any misuse of information contained in the document, and liable to be Prosecuted by the bank In the event that such a circumstance is brought to the notice of the bank. By downloading the document, the interested party is subject to confidentiality clauses.


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NON-DISCLOSURE AGREEMENT All bidders must sign the Non-Disclosure Agreement (NDA) while submitting the response to the Request for Proposal (RFP). Bidders must comply with all clauses mentioned in the NDA. No changes to the NDA are allowed. The NDA must be executed on the bidder’s company letterhead. The primary bidder along with all partners who gain access to the Bank’s confidential data (as described in the NDA) must sign the NDA.

NDA format is provided below.

(On the Letterhead of the bidder)

Strictly Private and Confidential

Dy. General Manager Information Technology

Bank of Maharashtra “Lokmangal”, 1501, Shivajinagar Pune

Maharashtra, India

[Date]

[Salutation]

Non-Disclosure Agreement

We acknowledge that during the course of bidding for Request for Proposal (RFP) End-to-End Solution for Merchant Acquiring Business through Supply, installation, maintenance and management of EDC (Electronic Data Capture) machines and/or Point of Sales (POS) terminal at various merchant establishments on Rental basis, we shall have access to and be entrusted with Confidential Information. In this letter, the phrase "Confidential Information" shall mean information (whether of a commercial, technical, scientific, operational, administrative, financial, marketing, business, or intellectual property nature or otherwise), whether oral or written, relating to Bank and its business that is provided to us pursuant to this Agreement.

In consideration of you making Confidential Information available to us, we agree to the terms set out below:

1. We shall treat all Confidential Information as strictly private and confidential and take all steps

necessary (including but not limited to those required by this Agreement) to preserve such

confidentiality.

2. We shall use the Confidential Information solely for the preparation of our response to the RFP

and not for any other purpose.

3. We shall not disclose any Confidential Information to any other person or firm, other than as

permitted by item 5 below.

4. We shall not disclose or divulge any of the Confidential Information to any other client of [name

of product vendor / implementation partner].


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5. This Agreement shall not prohibit disclosure of Confidential Information:

To our partners/ directors and employees who need to know such Confidential Information to assist with the bidding for RFP floated RFP for End-to-End Solution for Merchant Acquiring Business through Supply, installation, maintenance and management of EDC machines and/or POS terminal at on Rental basis;

To the extent that such disclosure is required by law;

To the extent that such disclosure is required by any rule or requirement of any regulatory authority with which we are bound to comply; and

To our professional advisers for the purposes of our seeking advice. Such professional advisors will be informed of the need to keep the information confidential.

6. Upon your request we shall arrange delivery to you of all Confidential Information, and copies

thereof, that is in documentary or other tangible form, except:

For the purpose of a disclosure permitted by item 5 above; and

To the extent that we reasonably require to retain sufficient documentation that is necessary to support any advice, reports, or opinions that we may provide.

7. This Agreement shall not apply to Confidential Information that:

Is in the public domain at the time it is acquired by us;

Enters the public domain after that, otherwise than as a result of unauthorized disclosure by us;

Is already in our possession prior to its disclosure to us; and

Is independently developed by us.

8. This Agreement shall continue perpetually unless and to the extent that you may release it in

writing.

9. We warrant that we are acting as principal in this matter and not as agent or broker for any

person, company, or firm.

10. We acknowledge that no failure or delay by you in exercising any right, power or privilege under

this Agreement shall operate as a waiver thereof or shall any single or partial exercise thereof

or the exercise of any other right, power, or privilege.

11. This Agreement shall be governed by and construed in accordance with Indian law and any

dispute arising from it shall be subject to the exclusive jurisdiction of the Pune courts.

Yours sincerely

Signature and Stamp of Company [Authorized Signatory (same as signing the proposal) – Bidder]

Name:

Position:

Date:

We have read this Agreement fully and confirm our agreement with its terms


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INDEX 1. INVITATION FOR TENDER OFFERS: ______________________________________________________ 9 2. BANK PROFILE _____________________________________________________________________ 11 3. CURRENT HIGH LEVEL TECHNOLOGY ENVIRONMENT ______________________________________ 11 4. CURRENT RFP OBJECTIVES: __________________________________________________________ 12 4.1 ABOUT RFP _______________________________________________________________________ 12 4.2 PROJECT OBJECTIVE ________________________________________________________________ 12 4.3 REQUIREMENT DETAILS: ____________________________________________________________ 13 4.4 PROJECT SCOPE: ___________________________________________________________________ 14 4.4.1 SCOPE OF CONTRACT AND DELIVERABLES: ____________________________________________ 15 4.4.2 THE BIDDER SHALL COMPLY WITH / PROVIDE CONFIRMATION ON THE FOLLOWING: ______________________ 16 4.4.3 THE DELIVERABLES SHALL INCLUDE THE FOLLOWING: ___________________________________________ 17 4.4.4 ACTIVITIES TO BE TAKEN BY BANK: _______________________________________________________ 18 4.4.5 BIDDER RESPONSIBILITY: _____________________________________________________________ 18 5. INSTRUCTIONS TO BIDDERS __________________________________________________________ 19 5.1. SINGLE BID SYSTEM TENDER ________________________________________________________ 19 5.1.1. ANNEXURE TO THE TENDER ___________________________________________________________ 20 5.1.2. ELIGIBILITY CRITERIA ________________________________________________________________ 21 5.1.3. TERMS AND CONDITIONS ____________________________________________________________ 21 5.1.4. NON-TRANSFERABLE TENDER__________________________________________________________ 21 5.1.5. SOFT COPY OF TENDER DOCUMENT _____________________________________________________ 21 5.1.6. OFFER VALIDITY PERIOD _____________________________________________________________ 21 5.1.7. AMENDMENTS TO BIDDING DOCUMENT: __________________________________________________ 21 5.1.8. ADDRESS FOR COMMUNICATION _______________________________________________________ 22 5.1.9. PRE-BID MEETING _________________________________________________________________ 22 5.1.10. OPENING OF OFFERS BY BANK OF MAHARASHTRA ___________________________________________ 22 5.1.11. SCRUTINY OF OFFERS ______________________________________________________________ 23 5.1.12. TECHNICAL BID EVALUATION CRITERIA: __________________________________________________ 24 5.1.13. COMMERCIAL EVALUATION: _________________________________________________________ 30 5.1.14. CORRECTION OF ERROR IN COMMERCIAL BID ______________________________________________ 31 5.1.15. CLARIFICATION OF OFFERS __________________________________________________________ 31 5.1.16. NO COMMITMENT TO ACCEPT LOWEST OR ANY TENDER ______________________________________ 32 5.1.17. SUBMISSION OF TECHNICAL DETAILS ____________________________________________________ 32 5.1.18. FORMAT FOR TECHNICAL BID _________________________________________________________ 32 5.1.19. MASKED COMMERCIAL _____________________________________________________________ 33 5.1.20. FORMAT FOR QUOTING COMMERCIALS_________________________________________________ 33 5.1.21. COSTS & CURRENCY _______________________________________________________________ 33 5.1.22. FIXED PRICE ____________________________________________________________________ 33 5.1.23. SHORT-LISTING OF BIDDERS __________________________________________________________ 33 5.1.24. RIGHT TO ALTER SCOPE ____________________________________________________________ 33 5.1.25. ERASURES OR ALTERATIONS: _________________________________________________________ 34 5.1.26. ASSUMPTIONS/PRESUMPTIONS/MODIFICATIONS: __________________________________________ 34 5.1.27. PROPOSAL OWNERSHIP: ____________________________________________________________ 34 5.1.28. PROJECT OWNERSHIP: _____________________________________________________________ 34 5.1.29. AWARD OF CONTRACT: _____________________________________________________________ 35 5.1.30. QUALIFICATION CRITERIA ___________________________________________________________ 35


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5.1.31. EARNEST MONEY DEPOSIT __________________________________________________________ 39 5.1.32. CANCELLATION OF CONTRACT AND COMPENSATION _________________________________________ 40 5.1.33. PROFESSIONAL FEES _______________________________________________________________ 40 5.1.34. ASSIGNMENT ___________________________________________________________________ 41 5.1.35. SUBCONTRACTING ________________________________________________________________ 41 5.1.36. LIMITATION OF LIABILITY ____________________________________________________________ 41 5.1.37. CONFLICT OF INTEREST: ____________________________________________________________ 41 5.1.38. ROLES & RESPONSIBILITY DURING PROJECT IMPLEMENTATION __________________________________ 42 6. TERMS AND CONDITIONS ____________________________________________________________ 42 6.1. EFFECTIVE DATE: ___________________________________________________________________ 42 6.2. PERIOD OF CONTRACT ________________________________________________________________ 42 6.3. PROJECT EXECUTION: ________________________________________________________________ 42 6.4. EXECUTION OF AGREEMENT: ___________________________________________________________ 42 6.5. UPTIME: _________________________________________________________________________ 43 6.6. PENALTY _________________________________________________________________________ 43 6.7. PRICING & PAYMENTS: _______________________________________________________________ 44 6.8. PAYMENT TERMS: ___________________________________________________________________ 44 6.9. SECURITY DEPOSIT / PERFORMANCE BANK GUARANTEE: _________________________________________ 44 6.10. ORDER CANCELLATIONS: _____________________________________________________________ 45 6.11. SOFTWARE, DRIVERS AND MANUALS: ____________________________________________________ 45 6.12. TRAINING _______________________________________________________________________ 45 6.13. PROJECT TIMELINE _________________________________________________________________ 45 6.14. NON-DISCLOSURE AGREEMENT: ________________________________________________________ 46 6.15. DELAYS IN DESIGN, IMPLEMENTATION AND PERFORMANCE GUARANTEE. ____________________________ 46 6.16. LIQUIDATED DAMAGES ______________________________________________________________ 46 6.17. INDEMNITY ______________________________________________________________________ 47 6.18. INSPECTION/ AUDIT OF RECORDS: _______________________________________________________ 47 6.19. ASSIGNMENT: ____________________________________________________________________ 48 6.20. GUARANTEES: ____________________________________________________________________ 48 6.21. CONFIDENTIALITY AND NON-DISCLOSURE: _________________________________________________ 48 6.22. AMENDMENTS TO THE AGREEMENT: _____________________________________________________ 49 6.23. GENERAL CONTRACT AGREEMENT CONDITIONS: _____________________________________________ 49 6.24. NEGLIGENCE: _____________________________________________________________________ 49 6.25. RESPONSIBILITY FOR COMPLETENESS: _____________________________________________________ 50 6.26. RESPONSIBILITIES OF THE BANK: ________________________________________________________ 50 6.27. RESPONSIBILITIES OF THE BIDDER: _______________________________________________________ 50 6.28. CORRUPT AND FRAUDULENT PRACTICES ___________________________________________________ 53 6.29. RESOLUTION OF DISPUTES: ____________________________________________________________ 53 6.30. MODIFICATION/CANCELLATION OF RFP: __________________________________________________ 54 6.31. JURISDICTION OF THE COURT: __________________________________________________________ 54 6.32. EXIT CLAUSE _____________________________________________________________________ 54 6.33. OTHERS : ________________________________________________________________________ 55 6.34. WARRANTIES: ____________________________________________________________________ 56 6.35. PUBLICITY _______________________________________________________________________ 57 6.36. FORCE MAJEURE___________________________________________________________________ 57 6.37. RESOLUTION OF DISPUTES ____________________________________________________________ 57


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6.38. PRIVACY AND SECURITY SAFEGUARDS _____________________________________________________ 58 6.39. CONFIDENTIALITY __________________________________________________________________ 58 6.40. ADHERENCE TO TERMS AND CONDITIONS: _________________________________________________ 58 6.41. PROFESSIONALISM _________________________________________________________________ 59 6.42. EXECUTION OF SLA/NDA: ____________________________________________________________ 59 6.43. OTHER TERMS AND CONDITIONS: _______________________________________________________ 59 6.44. TERMS OF PAYMENT ________________________________________________________________ 60 6.45. AUTHORIZED SIGNATORY _____________________________________________________________ 60 6.46. APPLICABLE LAW AND JURISDICTION OF COURT ______________________________________________ 60 6.47. NO EMPLOYER-EMPLOYEE RELATIONSHIP __________________________________________________ 60 6.48. VICARIOUS LIABILITY:________________________________________________________________ 60 6.49. INTELLECTUAL PROPERTY RIGHTS: _______________________________________________________ 61 7. PROPOSAL AND OTHER FORMATS _____________________________________________________ 62 7.1. ANNEXURE A: TECHNICAL PROPOSAL FORMAT: _________________________________________ 62 7.2. ANNEXURE B: COMMERCIAL FORMAT ________________________________________________ 64 7.3. ANNEXURE C: COMPLIANCE CERTIFICATE ______________________________________________ 66 7.4. ANNEXURE D: PROPOSED TEAM PROFILE ______________________________________________ 67 7.5. ANNEXURE E : PROFORMA OF LETTER FOR COMPLYING WITH TERMS & CONDITIONS OF RFP ______ 68 7.6. ANNEXURE F: PROFORMA FOR THE BANK GUARANTEE FOR EARNEST MONEY DEPOSIT __________ 69 7.7. ANNEXURE G: FORMAT OF TENDER OFFER COVERING LETTER ______________________________ 71 7.8. ANNEXURE H: CHECK LIST OF DOCUMENTS TO BE SUBMITTED ______________________________ 72 1.1. ANNEXURE I: INTEGRITY PACT _______________________________________________________ 73 1.2. ANNEXURE J: GUIDELINES, TERMS & CONDITIONS AND PROCESS FLOW FOR E-PROCUREMENT AUCTION ________ 80 1.1. APPENDIX 1- FORMAT A01: FORMAT FOR SPECIFIC QUERIES RELATED TO RFP 172017 ___________________ 87 1.2. APPENDIX1 – FORMAT A02: FORMAT FOR GENERAL QUERIES NOT RELATED TO RFP 172017 _______________ 87


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1. INVITATION FOR TENDER OFFERS:

Bank of Maharashtra invites sealed tender offers (Technical bid) from eligible, reputed institutions / professional firms / companies for End-to-End Solution for Merchant Acquiring Business through Supply, installation, maintenance and management of EDC (Electronic Data Capture) machines and/or Point of Sales (POS) terminal at various merchant establishments on Rental basis

A complete set of tender documents may be purchased by eligible bidder on payment of a non-refundable fee of Rs.10,000/- (Rupees Ten Thousand only) by Demand Draft / Bankers Cheque in favour of Bank of Maharashtra and payable at Pune.

Important information regarding Bid submission

Tender Reference number 172017

Price of Tender Copy Rs.10,000/-

Earnest Money Deposit (EMD) Rs.50,00,000/-

Date of commencement of sale of tender document 22-Mar-2017

Last Date of sale of tender document 15-April -2017 up to 13.00 hours

Queries to be mailed by 30-March -2017 up to 14:00 Hours

Pre-bid meeting date 1-April -2017 at 3:30 PM Head Office Pune

Queries in prescribed format to be mailed to [email protected] [email protected] [email protected]

Last Date and Time for receipts of tender offers 15-April -2017 up to 14.00 hours

Time and Date of Opening of technical bids 15-April -2017 up to 16.00 hours

Reverse Auction Will be informed to Technically qualified bidders separately

Place of Opening tender offers

Bank of Maharashtra Information Technology Department Head Office, 1501, Lokmangal, Shivaji Nagar, Pune – 411 005.

Address for Communication As above

Contact Telephone Numbers Phone : 020 –25614411

If any of the above dates fall on holiday or become holiday due to regulatory or other reasons beyond control of the Bank, then the next valid date in such case will be next working of the Bank.

The copy of the RFP document may be obtained during office hours on aforesaid working days in person by paying an amount of Rs. 10,000/- (Non Refundable) by way of Demand Draft favoring “BANK OF MAHARASHTRA” payable at Pune. The Bank reserves the right to reject any or all offers without assigning any reason.


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Please note that the prospective bidder needs to purchase the tender document from the Bank in order to bid. Reply to the queries would be sent only to those bidders who purchase the tender document. Earnest Money Deposit must accompany all tender offers as specified in this tender document. EMD amount/Bank Guarantee in lieu of the same should not be mixed with Technical bid or other documents. It should be in separate cover to be handed over to the department. Tender offers will be opened in the presence of the bidder representatives who choose to attend the opening of tender on the above-specified date, time and place. Technical Specifications, Terms and Conditions and various formats and proforma for submitting the tender offer are described in the tender document.

General Manager Information Technology


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2. BANK PROFILE

Bank of Maharashtra is a Nationalized Bank with a standing of more than 80 years. It has a three tier organizational set up consisting of Branches, Zonal Offices and Head Office. The Bank has 1880 + branch offices across the length and breadth of the country. In the State of Maharashtra, the Bank has 1000 + branch offices, the largest network of branches by any Public Sector Bank in a State. The Bank has set up specialized branch offices to cater to the needs of SMEs, Corporates, Agriculturists and Importers & Exporters. All the Branches of the Bank are networked and under Core Banking Solution. The products and services offered by the Bank include demand deposits, time deposits, working capital finance, term lending, trade finance, retail loans, government business, bancassurance business, mutual funds and other services like Demat, ASBA, lockers and merchant banking etc. The Bank is known as a frontrunner in implementation of technology initiatives.

3. CURRENT HIGH LEVEL TECHNOLOGY ENVIRONMENT

Bank of Maharashtra has 100% of its branches on Core Banking Solution – B@ncs24 (TCS). Bank has also implemented or is in the process of implementing a range of customer centric and other solutions which are as follows:

Full suite of Core Banking Solution including Deposits, Advances and Trade Finance

Payment systems like NEFT, RTGS, SWIFT, CTS, etc.

Anti-Money Laundering solution

Alternate delivery channels like ATM, Telebanking, SMS Banking, Mobile Banking, Internet Banking

Security Operations Centre

Automated Data Flow

Own ATM Switch & 1846 ATMs

A Two Factor Authentication Solution ‘Mahasecure’ for Internet Banking

New Mobile Banking Solution

New Contact Centre

Centralized Liabilities Processing Centre in Pune

Mail Messaging system

The Bank has implemented Core banking Solution B@ncs24, with TCS as the systems Integrator for the project. The Bank has also implemented various other related applications As part of the CBS project e.g. Forex & Trade Finance, Anti-Money Laundering (AML) , Government Business, Internet Banking, General Ledger, FTP etc. The Bank had also, as part of the CBS implementation project, put in place a hardware infrastructure designed to support business


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requirement for a period of Five years. Taking into account technology obsolescence and cost-benefit analysis, the Bank carried out CBS hardware Refresh in the year 2016 for all the core servers supporting the Core Banking Solution and related infrastructure providing storage functionality. The core infrastructure for the Core Banking Solution (CBS) is hosted at the Data Centre (DC) and Disaster Recovery Site (DR).The DC is hosted at Pune. The DRS is hosted at third party premise at Hyderabad. The Bank now envisages review of existing non-core hardware infrastructure and explore the possibility of upgradation / virtualization in order to meet account and transactions growth to service its requirements. The existing contract with the CBS systems integrator, M/s Tata Consultancy Services (TCS) is effective from 01.10.2012 and is valid up to 30.09.2017. The Bank needs to initiate the process for drafting the revised agreement and other terms & conditions including

that related to facility management (FM) services.

The Bank has already deployed various IT applications / products like Core Banking, Internet Banking, Mobile Banking, Own ATM Switch with 1849 ATMs, RTGS / NEFT, Security Operations Centre, Automated Data Flow, Mahasecure etc. In addition to these, the bank proposes to implement several new IT projects on an ongoing basis depending on their needs and the changing technology and regulatory environment.

To provide suitable and appropriate services, Bank of Maharashtra invites Request for Proposal from reputed institutions / professional firms / companies to assist the bank in providing services detailed more in the scope section of this document.

4. CURRENT RFP OBJECTIVES:

4.1 ABOUT RFP

The Bank wishes to set up, Manage and Operate Merchant Acquiring Business through POS/EDC terminals on Monthly Rental Model as stipulated in RFP. In this connection, Bank invites sealed offers (Conformity to Eligibility Criteria, Technical Proposal and Commercial Bid) for Selection of vendor/s to Set up, Manage and Operate Merchant Acquiring Business through POS/EDC terminals as per the Terms & Conditions, Technical Specifications and Scope of Work described elsewhere in this document. The RFP document is not a recommendation, offer or invitation to enter into a contract agreement or any other arrangement in respect of the services. The provision of the services is subject to observance of selection process and appropriate documentation being agreed between the Bank and successful bidder/s as identified by the Bank after completion of the selection process.

4.2 PROJECT OBJECTIVE Bank intends to select a vendor/s who can Set up, Manage, Maintain and Operate Merchant Acquiring Business as per scope of work given in the detailed RFP through supply of POS/EDC terminals for next 3 years. The agreement can be extended for additional period of 2 years on mutually agreed terms which is renewable on annual basis.


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4.3 REQUIREMENT DETAILS:

Bank intends to avail services of bidder/s to Set up, Manage and Operate Merchant Acquiring Business through POS/EDC terminals on end to end solution basis on Monthly Rental Model as detailed here under;

I. Monthly rent per terminal installed, to be paid to successful bidder, shall comprise of the

following;

A. Rent of POS/EDC terminals installed at Merchant location.

B. Monthly cost of other services, which shall include all costs like maintenance of the

terminal, supply of required stationary etc. to be provided by bidder as per scope of

RFP.

II. Bidder is expected to source the merchants from Market at its own and as well as on the

basis of leads provided by the Bank.

III. Bidders must have their own switch fully certified by concerned agencies for routing of

transactions. Bidders have to provide end to end solution to Bank as per Scope of Work‟.

IV. If the switch infrastructure is shared with other Banks/Organizations, security of data to

ensured and certify from third party. Bank may conduct third party audit for hardware,

software and other components deployed under this contract. Bidder to assist and provided

required information / access to conduct such audit. The audit may be conducted quarterly.

V. All other cost, except Bin Charges to VISA/Master card / NPCI and its certification charges

by what so ever name it is called, shall be borne by the bidder.

VI. All the certification charges of their switch & POS / EDC Terminals need to be borne by the

bidder.

VII. Bidder is required to bear Fraud & Risk Liability and provide effective Fraud & Risk

management services. Addressing of charge backs if any arises, will be to the account of

the bidder and all other issues like collection of charge slips, making representation etc shall

also be managed by the bidder

VIII. All the Banking Services including maintenance of Merchants Settlement account will be

provided by the Bank. The final approval of merchant sourced will be of BANK OF

MAHARASHTRA, which will act as Acquiring Bank by acquiring Card. Present Transactions

at Merchant Establishments where EDC/POS/GPRS/MPoS terminals shall be installed

under the scope of this RFP. The Bidder / Service provider may provide the reference of the

merchant to the Bank at no extra cost.

IX. Service Provider, at the sole discretion of the Bank, may be asked to provide services pan

India, including rural and semi urban areas.

X. As per market trends, it is envisaged that requirement of various type of terminals shall be

as under which may vary in future.


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Type of Terminal Quantities proposed

PSTN Based 3000

PSTN Based NFC contact Less 500

PSTN Total 3500 (a)

GPRS Based 4000

GPRS Based Desktop Terminal 1500

GPRS handheld with contactless 250

GPRS Based Desktop NFC contact Less 250

MPoS 250

MPoS with contactless 250

GPRS Total 6500 (b)

Total 10,000 (a)+(b)

the above quantities are of indicative in nature

the above quantities may vary based on the business model, customer requirement

Offers will be obtained for the above proposed quantities as part of tender for selection / commercial evaluation.

Actual quantities deployment will be based on customer requirement with variation of +/- 30%.

Bidder also required to quote (quantity 10 nos) cost of each type of terminals in an annexure format for outright purchase by Bank. Bidder to indicate warranty period, amc cost, deployment cost, support cost, any other associated costs, and transaction switching costs for transactions originating from Banks owned equipment. The cost quoted for outright purchase will not be part of TCO.

XI. Bidders have to quote rates in commercial bid as per Annexure - B.

XII. The Bank may exercise its option to buy back the terminals installed by the bidder based on

the terminals written down value (WDV) at sole discretion of the Bank at any time during the

currency of the contract.

4.4 PROJECT SCOPE: I. The scope of RFP involves deployment of EDC/POS Terminals (PSTN, GPRS, PC POS and

MPoS) etc. to be installed at Merchant Locations for acceptance of all types of cards, issued in association with VISA, MasterCard & NPCI (also AMEX, if desired by the bank) etc by the Bidder and routing the transactions to Bidder‟s Switch and then to the appropriate interchange switch viz., VISA or MasterCard or NPCI or (AMEX if desired by Bank). The bidder has to deploy the EDC/POS Machines at his own cost and maintain them and also offer services including provision, deployment, installation of the EDC/POS terminals, terminal driving, switching, merchant help desk, consumables, marketing, sourcing and enrolment of Merchants, field services, transaction settlement, reconciliation of EDC/POS Transactions and handling chargeback issues.

II. The EDC/POS terminals being deployed and related Infrastructure must Be Fully EMV-II compliant (as per latest revisions/Provisions).

III. Be in the approved terminal list of the EMV Companies. IV. Be Chip-compliant and capable of PIN acceptance for chip cards.


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V. POS/EDC Terminals must have the facility of LCD screen to display the amount of Transaction.

VI. Have unique double length Terminal Master Key. VII. Be TLE & UKPT/DUKPT Compliant

VIII. Terminals, POS/EDC Infrastructure and service provider should be PCI-DSS compliant as per latest compliance standard released by PCI Council as on the date of RFP.

IX. Any Card payment application used must be PA-DSS Compliant. X. Be fully compliant to MoF/RBI/BCA/NPCI directives and upgradable to all future directives

of MoF/RBI/BCA/NPCI at no extra cost to the Bank. XI. The PoS/EDC terminals for fuel merchants should be PESO (Petroleum and Explosives

Safety Organisation) certified/compliant. XII. The service provider should be able to deploy NFC (Near Field Communications) terminals

consequently its systems should be compatible to process the transactions through NFC cards in near future‟

4.4.1 SCOPE OF CONTRACT AND DELIVERABLES:

I. The Bank is inviting offers from Bidders, capable and experienced in all aspects relating to Merchant POS/EDC Acquiring business by deploying EMV-II Compliant EDC/POS TERMINALS Machines, capable of reading Chip Card and PIN enabled, at their own cost at various Merchant locations across the country and maintains them.

II. POS/EDC Infrastructure of the service provider should be compliant to PCI - DSS/ PA-DSS standards and as per other specifications given in this document and of reputed companies. The Bidder should disclose the brand, model and manufacturer‟s name of the POS/EDC Machines to be offered to the Bank and the said PoS/EDC terminals should be currently under operation at least in one schedule commercial bank with trouble free operations.

III. The EDC/POS terminals should be connected to the bidders switch for routing/accounting of transactions and then to the VISA/MasterCard/ NPCI (AMEX if desired by the Bank) for POS/EDC Transactions. In future if required, bidder to route issuer transactions of Bank, directly to Bank switch.

IV. Merchant should be able to submit the daily Transactions/Bills online to the bidder for settlement through Batch Settlement Process. The merchant agreement between the Bank and Merchant will provide for safe keeping of the records including charge slip by the merchant.

V. The bidder should have the capability to supply and install EDC/POS terminals, Merchant Management and Training, while the Bank will provide the Lead and necessary assistance in sourcing the Merchants.

VI. The bidder should have a Merchant Helpdesk for attending to the queries of the Merchants. Bidder shall also handle the settlement and payment related queries by the Merchants of the Banks.


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VII. Bidders must have direct connectivity to VISA, MasterCard and NPCI network through Extended Access Server (for VISA), MasterCard Interface Point (for MasterCard) and National Financial Switch (for NPCI).

4.4.2 The Bidder shall comply with / provide confirmation on the following:

I. The Bidder shall comply with / provide confirmation on the following:

II. Should provide network monitoring and ensuring seamless connectivity of POS/EDC machines.

III. All the EDC/POS terminals should be directly connected to the Bidder‟s switch for providing Switch Services for acquiring transactions. The third party processor switch should be duly certified by VISA/Mastercard/NPCI (AMEX if desired by the Bank) and comply with all administrative formalities and documentation requirements of VISA/Mastercard/NPCI (AMEX if desired by the Bank).

IV. The transactions would be routed directly to VISA/Mastercard/NPCI (AMEX if desired by the Bank) for all acquired transactions. In future if required, bidder to route issuer transactions of Bank, directly to Bank switch. The charges, if any, for switch certification that need to be done on the Bank‟s switch side would be taken care by the bank. The bidder should bear the charges at its own switch side. The communication cost from bank‟s data centre/DR Center to bidders data centre/ DR Center will be borne by Bank, in case of such connectivity requirement arises

V. Bidder to assist Bank in obtaining VISA/MasterCard and NPCI membership for acquiring and Bank will bear association (VISA & MasterCard & NPCI) related charges.

VI. Financial liability, if any, arising on account of charge back shall be borne by the bidder, all other activities required to be done in case of charge backs shall also be taken care of by the bidder. Bidder shall be responsible for conducting activities like charge back management, re presentment, retrieval, file uploads and download.

VII. Bidder must ensure that card present transactions are strictly in line with RBI/ MOF/ IBA/ NPCI/ MasterCard/ VISA guidelines.

VIII. The EDC/POS terminals deployed by the bidder should be capable of providing value-added services through the terminals e.g. DCC, Mobile Recharge, Bill Payment, E-ticketing, Cash @POS etc., Multi Bank EMI facility as and when required by the Bank.

IX. If at a later date, the EDC/POS machines / terminals are available with separate PIN pad to facilitate PIN entry by the Cardholder; such additions shall be made in all the terminals deployed by the bidder.

X. Bidder should be capable to deliver any significant changes like Aadhar based authentication on POS/EDC Machines as an additional factor of authentication or any other major


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upgradation is required to be made in POS/EDC infrastructure to comply with MoF/ RBI/IBA/NPCI directives in future. Estimates for the POS/EDC Terminals have been made on the basis of market trends, which is indicative and may vary in future.

XI. The bidder should have the facility of charging differential Monthly Service Fee (MSF) rate to merchants for different types of credit / debit cards i.e. classic cards, gold card, platinum cards and diamond cards etc

4.4.3 The deliverables shall include the following:

I. Providing end-to-end maintenance for the POS/EDC terminals including network II. connectivity and end to end services related to Merchant Acquiring Business.

III. Generating the exception reports as required by the Bank and taking appropriate action with the approval of the Bank.

IV. Generating and sending standard reports and other reports / MIS as required by the Bank from time to time. Sending Daily Transaction Statements to Merchant Establishments (e-Statements).

V. Timely escalation to the Bank on exceptions VI. Provide POS/EDC terminal switching services.

VII. Merchant Set Up and Training VIII. Handling Charge back issues.

IX. Replenishment of consumables at merchant establishments. X. Bidder should also provide switching of transactions acquired using PC POS and any such

type of medium of card acquisition. XI. The bidder should provide all reports daily/weekly/monthly/quarterly /half yearly/yearly as

required in formats including merchant payment advice reports and also reconcile all transactions for these POS/EDC machines. The report formats may change as per the requirements of Bank for its own use, RBI/NPCI/MoF/Govt etc., such reports to be provided at no additional cost to Bank. Bidder also provide required data for any investigation purpose in a time bound manner.

XII. Bidder to do Merchant Sourcing (marketing of PoS/EDC machine/ personal visit to merchants/ Spot and documentation verification/ sourcing of new business etc)

XIII. Turn Around Time for Installation and repairs of PoS/EDC terminals is as under:

Area Turn Around Time for attending lead generated by the Bank

Turn Around Time for installation of PoS /EDC terminal after Approval from the Bank

Turn Around Time for repair of PoS / EDC terminal after lodging complaint by the merchant.

Metro and

Urban

3 days 2 days 24 hours

Semi-Urban 5 days 5 days 48 hours

Rural 7 days 7 days 72 hours


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XIV. The bidder has to ensure that the Product/POS Terminals supplied under the Contract are new, unused, of the most recent or current model and they incorporate all recent improvements in design and / or features. Further, the bidder has to ensure that all the Products supplied under this Contract shall have no defect, arising from design or from any act of omission of the Service Provider that may develop under normal use of the supplied products in the conditions prevailing in India.

4.4.4 Activities to be taken by Bank:

I. Framing merchant acquiring policy, pricing and standard operational procedures II. Merchant Activity Monitoring through MIS provided by the Bidder

III. Suspect Activity Response and Merchant Termination through MIS provided by the Bidder

4.4.5 Bidder Responsibility:

IV. If the proposal/quotation includes equipment products /services/software and or support by other companies or individuals, the bidder as the principal bidder shall be responsible for their supply, delivery, installation and maintenance and uninterrupted operations. The principal bidder must ensure that they possess the necessary expertise and required infrastructure for executing the task as per scope of work and has the requisite permission/license for the equipment/ software. It will be the responsibility of the bidder to enter into inter se agreement with such other service provider(s) so as to ensure uninterrupted operations.

V. In addition to the above, the vendor would also be required to ensure the following: VI. In case any part of the work / process is required to be out-sourced by the vendor, the vendor

shall seek prior approval of the Bank. VII. The vendor must ensure and confirm due diligence / KYC / Physical verification at its own as

well as the employees of its service providers / sub-contractors and must be able to provide documentary evidence for the same to the satisfaction of the Bank.

VIII. The vendor must build adequate safeguards to ensure that the information/ documents/ records/ assets of the Bank are maintained in a way that the same are safe and there is no commingling of similar information with other organizations to which it may be providing services.

IX. The vendor shall ensure preservation of all documents / data in accordance with all legal/ regulatory obligations as advised from time to time.

X. The vendor shall be liable for any data breach/ loss/ damage by Service Provider/ their contractor(s)/ sub contractor(s) or its employees or employees of its contractor(s)/ sub contractor(s) including any legal consequences arising out of any such breach/ loss / damage.

XI. The successful bidder shall submit the undertaking to provide the Business Continuity Plan (BCP) acceptable to the Bank before the Bank places the Work Order on the vendor. It shall be the responsibility of the Service Provider to submit a comprehensive Business Continuity Plan (BCP) and Management of Disaster Recovery (DR) Plan for the approval of BANK OF MAHARASHTRA. The said plans:

To ensure the continuous availability of End-to-End solution for Merchant Acquiring Business.

To identify mission critical activities and their respective single points of failure.

To have specific disaster recovery strategy for mission critical activities.


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To have disaster recovery strategy, which is well developed, documented, tested and maintained on a regular basis.

To recover and perform system operations at an alternate facility.

To provide access rights/visitation rights to BANK OF MAHARASHTRA officials, RBI auditors / Govt / NPCI etc from time to time for verification and/or audit purposes; and

To provide periodic joint testing and recovery exercises. Bidder shall also undertake to develop/customize any new application in future at its own cost for smooth running of the operations of business of the Bank.

5. INSTRUCTIONS TO BIDDERS

5.1. SINGLE BID SYSTEM TENDER

Two Copies of the Technical Bid (Each in Separate Envelope) must be submitted at the same time

in separate envelope, giving full particulars in separate sealed envelopes at the Bank’s address given

below, on or before the schedule given above. All envelopes should be securely sealed and stamped.

The hard copy of the bid document shall be treated as correct and final, in case of any

errors in soft copy.

Earnest Money Deposit must accompany all tender offers as specified in this tender document.

EMD amount/Bank Guarantee in lieu of the same should not be mixed with Technical/Commercial bid.

It should be in separate cover to be handed over to the department.

All the envelopes must be super-scribed with the following information:

• Type of Offer (Technical)

• Tender Reference Number

• Due Date

• Name of Bidder

• Name of the Authorized Person

All Schedules, Formats and Annexure should be stamped and signed by an authorized official

of the bidder’s company.

The bidder representative shall carry the authorization letter to attend the activities related

to tendering process and should have authority to sign the documents on behalf of the firm.

The bidder will also submit copy of the RFP duly stamped and signed on each page by the

authorized official of the bidder’s company.

Bank’s Address

The Deputy General Manager Information Technology Bank of Maharashtra “Lokmangal”, 1501, Shivajinagar, Pune – 411005


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ENVELOPE-I (Technical bid):

The Technical bid should be complete in all respects and contain all information asked for, except

prices. The TECHNICAL BID should include all items asked for in Annexure-A. The Technical bid

should not contain any price information. The TECHNICAL BID should be complete to indicate that

all products and services asked for are quoted and should give all required information. A copy

of original Commercial offer with prices duly masked should be submitted along with the Technical

Bid.

Bidders are not required to submit commercial bid as Bank will conduct online reverse auction. Only

successful bidder will be required to submit the Commercial bid which should be complete in all

respects and contain all information asked for after emerging as L1 Bidder in on-line reverse auction.

The COMMERCIAL BID should include all items asked for in Annexure-B. A Commercial Bid should

not be combined with Technical Bid and proposals with Technical and Commercial bids in single

envelope will be rejected by the Bank.

The envelopes containing the Technical bids (Two copies in separate envelopes) should be

separately submitted with offer details on it to following address:

5.1.1. Annexure to the Tender

This tender comprises of following schedules / Annexure

Annexure A: Technical Proposal Format

Annexure B: Commercial Format

Annexure C: Compliance Certificate

Annexure D: Proposed Team Profile

Annexure E: Proforma Of Letter For Complying With Terms & Conditions Of Rfp

Annexure F: Proforma For The Bank Guarantee For Earnest Money Deposit

Annexure G: Format Of Tender Offer Covering Letter

Annexure H: Check List Of Documents To Be Submitted

Annexure I: Integrity Pact

Annexure J: Guidelines, Terms & Conditions And Process Flow For E-Procurement Auction

Appendix 1 - Format A01: Format For Specific Queries Related To RFP

Appendix 1 – Format A02: Format For General Queries Not Related To RFP

Bank’s Address



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5.1.2. Eligibility Criteria

The bidders, who fulfill the eligibility criteria mentioned in “Qualification Criteria” under section

5.1.30 of the tender, will only be eligible for further process i.e. technical evaluation.

5.1.3. Terms and Conditions

Terms and conditions for bidders who participate in the tender are specified in the section called

“Terms and Conditions”. These terms and conditions will be binding on all the bidders. These

terms and conditions will also form a part of the purchase order, to be issued to the successful

bidder(s) on the outcome of the tender process.

5.1.4. Non-transferable Tender

This tender document is not transferable. Only the bidder, who has purchased this tender form,

is entitled to quote.

5.1.5. Soft Copy of Tender document

The soft copy of the tender document will be made available on the bank’s website. However

Bank of Maharashtra shall not be held responsible in any way, for any

errors/omissions/mistakes in the downloaded copy. The bidder is advised to check the contents

of the downloaded copy for correctness against the printed copy of the tender document. The

printed copy of the tender document shall be treated as correct and final, in case of any errors

in soft copy.

The bidders who are submitting the bid by downloading from the Bank’s website will have to pay

the non-refundable fee of Rs.10,000/- by way of a demand draft / bankers’ cheque in favour of

Bank of Maharashtra payable at Pune while submitting the bid.

5.1.6. Offer Validity Period

The offer should hold good for a period of 180 days from the date of the finalizing of

Commercials.

5.1.7. Amendments to Bidding Document:

At any time prior to deadline for submission of Bids, the Bank, for any reason, whether, at its

own initiative or in response to a clarification requested by prospective bidder, may modify the

bidding document, by amendment.

Notification of amendments will be made available on the Bank’s website

www.bankofmaharashtra.in and will be binding on all bidders and no separate communication


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will be issued in this regard.

In order to allow prospective bidders reasonable time in which to take the amendment into

account in preparing their bids, the Bank, at its discretion, may extend the deadline for a

reasonable period as decided by the Bank for the submission of Bids.

5.1.8. Address for Communication

Offers should be addressed to the following office at the address given below:

Emails: [email protected], [email protected] & [email protected]

5.1.9. Pre-Bid Meeting

For the purpose of clarification of doubts of the bidders on issues related to this RFP, Bank of

Maharashtra intends to hold a Pre-Bid Meeting on the date and time as indicated in the RFP.

The queries of ALL the bidders should reach in writing or by e-mail as per tender schedule, on

the address as mentioned above. It may be noted that no queries of any bidder shall be

entertained received after the Pre-Bid Conference. The clarifications given in the Pre-Bid

meeting will be available on the Bank’s Website.

Only two authorized representatives of the bidders who have purchased the RFP will be

allowed to attend the Pre-Bid meeting. A copy of the authorization letter should be

brought for the Bank to verify.

The queries on points / clauses in the RFP document are to be mailed to [email protected], [email protected] & [email protected] in specific format only as per “Appendix 1 - Query Format A01”.

The queries that are not on the points / clauses in the RFP document and are general in nature but related to the RFP are to be mailed / submitted in specific format only as per “Appendix 1-Query Format A02”.

5.1.10. Opening of Offers by Bank of Maharashtra

Tender offers received within the prescribed closing date and time will be opened in the

presence of bidders’ representatives who choose to attend the opening of the tender on the

specified date and time as mentioned earlier in the tender document. The bidder’s

representatives present shall sign a register of attendance & minutes and they should

be authorized by their respective companies to do so. A copy of the authorization letter

Bank’s Address


mailto:[email protected]

mailto:[email protected]


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should be brought for the Bank to verify.

5.1.11. Scrutiny of Offers

Scrutiny of Bids will be in three stages as under:

[I] Eligibility Criteria:

Bank of Maharashtra will first scrutinize the eligibility of the prospective bidders as per

“Eligibility Criteria” mentioned in the RFP based on the supporting documents submitted. The

offers of the only those bidders who fulfill the above eligibility criteria will be taken up for further

scrutiny i.e. technical evaluation.

[II] Technical Evaluation:

The evaluation of technical proposals, among other things, will be based on the following:

1. Bidder’s financial stability 2. Methodology/Approach proposed for accomplishing the proposed project. 3. Professional qualifications and experience of the key staff proposed/ identified for this

assignment. 4. Prior experience of the bidder in undertaking projects of similar nature. 5. Activities / tasks, project planning, resource planning, effort estimate etc.

Various stages of technical evaluation are presented below:

1. Matching the clear eligibility criteria as indicated in Section 5.1.30. 2. Short-listing of the bidders based on the criteria 3. Arriving at the final score on technical proposal after Presentation-cum-Interview

[III] Presentation-cum-Interview

The bidders of this RFP have to give presentation/interactions before panel of representatives of Bank on the methodology/ approach, time frame for various activities, strengths of the bidders in such projects. The technical competence and capability of the bidder should be clearly reflected in the presentation. If any short listed bidder fails to make such presentation, they will be eliminated from the selection process.

At the sole discretion and determination of the Bank, the Bank may add any other relevant criteria for evaluating the proposals received in response to this RFP.

The technical qualification cut – off to qualify for commercial evaluation process would be 75%. Bidders scoring below the same would not be considered for commercial evaluation.


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Bank may, at its sole discretion, decide to seek more information from the respondents in order to normalize the bids. However, respondents will be notified separately, if such normalization exercise as part of the technical evaluation is resorted to.

5.1.12. Technical Bid Evaluation Criteria:

Technical criteria are classified under 3 heads – Compliance to Mandatory requirement, Score of bidder to technical requirement and Presentation. The table below highlights the parameters under the technical criteria.

S.No. Technical Evaluation Max Score

1. Compliance to Mandatory requirement

Score Not Applicable but bidder must have 100 % compliance to all the mandatory requirements

2. Score of bidder’s response Technical Requirements on the basis of Technical parameters explained in next part of the document

120

3. Demonstration and presentation of end to end solution

30

Total Score 150

I. MANDATORY REQUIREMENTS (Bidders have to provide their response on the following conditions/Business conditions only in Yes or No)

A. Certification/Compliance/Regulatory/Hardware/SDK Requirements

Condition Description Response

EMV Certification

The terminal is EMV compliant (minimum standard is EMV 4.0 for L1 &L2). The bidder will have to be an EMV Co approved Service Provider.

YES/NO

PCI Approval The terminal meets the latest PCI mandates for PCIDSS, PADSS,PCIPADSS, PCIPTS and PCIPED e.g. PCI3.0 & PCIPTS 3.1

YES/NO

Regulatory Mandates

The terminal meets all the regulatory requirements like PIN prompting, DUKPT,TLE etc.

YES/NO

DES Encryption

3DES Encryption supported YES/NO

Display LCD Panel for Amount Verification and Pin Entry YES/NO

adhere enabled Equipment shall have aadhaar enabled features for bio- metric authorization

YES/NO


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B. Functionality Requirements:

Business Condition

Definition Response

Chip transactions Transactions performed using chip cards. YES/NO

contact less (NFC) Ability to process contact less transaction YES/NO

Swiped transactions

Transactions performed using magnetic stripe embedded on the card.

YES/NO

Keyed transactions Transactions performed using card numbers entered YES/NO

Online Authorization

Transaction used to authorize whether a card is valid or not and sufficient balance is available for payment.

YES/NO

Purchase(Sale) Transaction used to authorize a card and amount. YES/NO

Refund This transaction is used to credit the money to cardholder account from merchant account.

YES/NO

Void This transaction is used to cancel the previously performed purchase or refund Transaction in the same batch.

YES/NO

Cash back / Cash @POS

This transaction allows cardholder to get cash from merchant.

YES/NO

Referral handling, (Force transactions)

Referral is used by issuer, if cardholder activity is Suspicious. Cardholder should then call issuer bank, authenticate himself to get referral code and perform transactions.

YES/NO

Tip handling This is mostly used in restaurant merchants to give TIP to Restaurant employees.

YES/NO

Edit Password Change password option. YES/NO

Edit Terminal ID Password protected? YES/NO

Edit Date To change terminals date/time manually. YES/NO

Software Download Through RTM

Software is downloaded through Remote Terminal Management

YES/NO

Multi-Application Ability to run multiple applications like Payments, loyalty, Gift card etc. without affecting other applications data.

YES/NO

Multi Merchant Ability to support multiple merchants in a same Application. This is mostly used under EMI

YES/NO

Retrieval of Charge slip

Solution should provide customers and merchants ability to retrieve receipts /charge slips at least for 1 year to retrieve ARN/ RRN

YES/NO

Remote Monitoring Solution should be able to collect and remotely monitor various operational parameters like device charge, dip and swipe counts

YES/NO


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Business Condition

Definition Response

Capability to provide Terminal Application Dash Boards Web-

based Solution Dynamic Currency Conversion (DCC)

Capability of providing Terminal application to detect and report:

a) Un-successful transactions on the terminal.

b) Sending reversal of un-successful transactions Online instead of piggy backing.

c) Closure of batch at the back-end at specific.

d) Detecting low signal on the terminal and to provide pro-active advice to the merchant through SMS/ over phone.

e) Capability to provide analytics.

f) Capability to handle suspect/ reject batches.

g) Capability of providing Dash Board for inventory Management, Complaint Management, MIS

h) Capability of providing web-based solution for Complaint logging, MIS, transaction history/ details etc.

i) Capability of providing Dynamic Currency Conversion (DCC) on the terminals

YES/NO

YES/NO

YES/NO

YES/NO

YES/NO

YES/NO

YES/NO

YES/NO

YES/NO

Capabilities needs to be available as part of Risk and Fraud Management.·

FRM for Merchant Acquiring business Transactions monitoring in Near Real time/batch mode through a rule engine. Alert Management team with 24*7*365 presence.· Expertise in identification of changes in market trends, merchant behavior patterns.· Capability to hold the merchant payments in case of suspicion.· Expertise in creation of rules and implementing the same with minimum false positive ratios.

YES/NO

YES/NO

YES/NO

YES/NO


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Business Condition

Definition Response

Preferably, entire activities should be managed /provided by the bidder. However, the following activities should invariably be handled and provided by the bidder/s themselves

Authorization of the Transactions. Processing Settlement Reconciliation Installation of terminals And if any activity apart from above to be outsourced, detail thereof should be given.

YES/NO

YES/NO

YES/NO

YES/NO

YES/NO

The bidder should have the capacity to provide end-to- end solution (from merchant acquiring stage to transaction, settlement, reconciliation etc.) for acquiring business to the Bank through PoS terminals and/or MPoS Terminals.

This will include among others deployment and maintenance of PoS terminals with time to time updating thereof, transactions/authorization /settlement/ operations, reconciliation, resolution of charge back issues and complaints, online monitoring & marketing of PoS terminals on behalf of the Bank. The bidder should have the capacity for time to time updating as per requirement of the Bank/regulators and should also have arrangement for training to the merchants.

YES/NO

The bidder is required to provide support at all centers where BANK OF MAHARASHTRA is having offices / branches – existing as well as in future.

The Bidder should have support centers for supporting branches PAN India

YES/NO

Note : Respondents who fail to fulfill the mandatory parameters will not be considered for Technical Evaluation.


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I. TECHNICAL SCORING:

Technical Parameters and their Respective Weightage for technical evaluation Bidder need to respond to each parameter and sub parameters explicitly in case of implicit or vague answers and in the absence of supporting information, certificate/ declaration sought, marks will not be provided

S. No.

Parameters and Scoring Max Score Marks Obtained

1. Number of Banks Independently Serviced on the Bidders Switch 10 Upto 3 = 5 >3 and upto 5 = 8 > 5 – 10

2. Number of POS/EDC Acquiring Transaction Processed Per Annum

10

Less than 5 Crore – 5 5 Cr -10 Crore – 8 More than 10 Crore – 10

3. Data centre 10 Own Primary and DR Centre – 10 Own Primary and Outsourced DR – 5 Outsourced Primary and DR site – 0

4. Availability Of Fraud Risk Management Tool 10 Available at its own – 10 Available but outsourced – 5 (Certificate from Acquiring Bank, utilizing our Services)

5. Existing Installed base of POS/EDC terminals, being managed by the respondents

PSTN Terminals 10 Upto 25000 teminals – 4 Between 25000 to 50000 terminals – 7 More than 50000 terminals – 10 GPRS terminals 10 Upto 1000 Terminals – 2 >1000 but <3000 – 6 More than 3000 terminals - 10 MPOS Dongles Less than 200 Dongles – 2 >200 and Upto 500 Dongles – 6 More than 500 Dongles – 10

6. Field Service Centers 10 Field Service Centers > at 69 required locations - 10 Field Service Centers<69 but upto 50 required locations- 8

Field Service Centers<50 but upto 25 required locations- 5

7. Value Added Services 20 PC PoS Integration – 6


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DCC – 6

Cash @ PoS – 4

EMI – 4

8. Customer Relationship and Complaint Management 10

Call Center

Call Centre with > 10 employees & auto call log is available - 10

Call Centre with <10 employees; auto call log is not available - 5

Call Centre with <5 employees; auto call log is not available - 0

9. Web based Solution including dash board for retrieval of charge slips, MIS to lodge complaints, inventory management, txn. History retrieval, analytics support etc.

Available - 10

Not Available – 0

Total Max Score for Technical Evaluation 120

10 Marks to be allotted by Technical Evaluation Committee for Presentation/Demonstration 30

Overall Total Marks for technical evaluation 150

The Bidder has to submit relevant supporting documents for above information. Please note bidder to score at least 75% marks to qualify for commercial evaluation.


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5.1.13. Commercial Evaluation:

Bank of Maharashtra will conduct online reverse auction for technically qualified bidders only. The

Commercial will have to be reported in the format as per Annexure B. Commercial submitted after online

reverse auction should not have any alteration or overwriting. The bank may reject or load the financial

implication of any alteration, if found into the commercial submitted by the respective bidder post reverse

auction. The calculation arrived by the Bank will be final and will be binding on the bidders. If any cost items

in the commercial is found to be blank and not filled with any amount then it shall be considered as zero and

the same will be offered to the Bank free of any charges.

Only following bidders will be considered as eligible for reverse auction who satisfy following conditions:

1. Bidders found eligible as per qualification criteria defined by the bank 2. Bidders scoring 75% or more marks in technical bid evaluation

Reverse Auction The Bank will conduct Online Reverse Auction (RA) and the bidders found eligible after technical evaluation will be able to participate in the RA. RA will be on total cost of ownership as per the commercial annexure and the price so obtained after closure of Reverse Auction shall be taken into account for selection of successful bidder. The required Business Rule for reverse auction document shall be shared with the Technically Qualified Bidders at least 7 days in advance before the start of Reverse Auction. Bidders have to submit final itemized price to the Bank within 24 hours of closure of Reverse Auction process. Bank will appoint a Third Party service Provider for conducting Reverse Auction who will co-ordinate with eligible bidders. Bidders may have to procure digital certificates for participating in online reverse auction and all expenses incurred towards procurement of digital certificate will have to be borne by the bidders. Bidders will have to submit indicative commercials to the RA agency and RA will start with the lowest indicative commercial bid. The bidder with lowest indicative bid will be considered as L1 if no other bidder accepts the start price quoted by such bidder during RA. It is absolutely essential for the bidders to quote the lowest price at the time of making the offer in their own interest as only L1 bidder will be considered as successfully after complying all the terms and conditions of this RFP Determination of L1 Price:

I. Bids, both Technical and Commercial complete in all respect Submitted by the eligible bidders as per the procedure and terms & conditions explained in the RFP elsewhere shall be evaluated by „Bid Evaluation Committees‟ constituted by the bank for evaluation of Technical & Commercial bids.

II. For Technical Bid the marks will be allotted by the Evaluation Committee and as per technical evaluation criteria the bidder who will secure more than 75% marks will be eligible for commercial bid.

III. Under Commercial bid evaluation, bidder will be selected on L1 basis through reverse auction.


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IV. The bid quoting:

a. Lowest average monthly rent per terminal including other charges such as certification

charges, installation and maintenance of EDC/POS/GPRS/MPoS terminals, reconciliation, addressing of charge back, replenishment of consumables etc.

b. Per transaction fee for notional 25.00 lac transactions per month on deployment of 10000 terminals. The volume indicated is expected to attain over a period of 12 months from the date of start of operations.

c. The lowest of the above bids shall be selected

V. The L1 shall be selected by Reverse Auction VI. Contract will be awarded to the L1 Vendor who will be decided through Reverse Auction. VII. However Bank reserves its right to select more than one vendor in addition to L1 and allocate work

to them provided they are ready to match quotes of L1. The offer for this will be given first to L2 and then to L3 and so on for such additional selection. In case more than one bidder is selected, L1 will be entitled for 60% of the total business and others will get 40% proportionally.

5.1.14. Correction of Error In Commercial Bid

Bank reserves the right to correct any arithmetical errors furnished in the Commercial Bid. If any such errors are noticed, it will be rectified on the following basis: VIII. Bank may waive off any minor infirmity or non-conformity or irregularity in a bid, which does not

constitute a material deviation. IX. If there is discrepancy between the unit price and total price (which is obtained by multiplying the

unit price by the quantity), the unit price shall prevail and the total price shall be corrected accordingly.

X. If there is discrepancy between percentage and amount, the amount calculated on percentage basis will prevail.

XI. If there is discrepancy in the total arrived at Bill of Material (addition, subtraction, multiplication, division and carryover of amount from one page to another), correct total will be arrived by the Bank and the same will prevail over the total furnished in the Bill of Material.

XII. If there is a discrepancy between words and figures, the rate/ amount in words shall prevail, unless the amount expressed in words is related to an arithmetical error in which case, the amount in figures will prevail, subject to the above two provisions.

XIII. If the bidder does not accept the correction of errors, the bid will be rejected.

5.1.15. Clarification of Offers

To assist in the scrutiny, evaluation and comparison of offers, Bank of Maharashtra may, at its discretion,

ask some or all bidders for clarification of their offer. The request for such clarifications and the response will

necessarily be in writing.


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5.1.16. No Commitment to Accept Lowest or Any Tender

Bank of Maharashtra shall be under no obligation to accept the lowest or any other offer received in response

to this tender notice and shall be entitled to reject any or all offers including those received late or

incomplete offers, without assigning any reason whatsoever. Bank of Maharashtra reserves the right to

make any changes in the terms and conditions of the RFP. Bank of Maharashtra will not be obliged to meet

and have discussions with any bidder, and / or to listen to any representations.

5.1.17. Submission of Technical Details

It is mandatory to provide the technical details in the exact format of Bidder’s Information as per

Annexure-A. The offer may not be evaluated by Bank of Maharashtra in case of non-adherence

to the format or non-submission / partial submission of technical details as per the format given

in the tender. Bank of Maharashtra will not allow/permit changes in the technical specifications once

it is submitted. The relevant information, printed brochure, technical specification sheets etc. should be

submitted along with the offer. Failure to submit this information along with the offer could result in

disqualification (Please refer to the suggested checklist given in this document)

5.1.18. Format for Technical bid

The Technical bid must be made in an organized, structured and neat manner. Brochures/leaflets

etc. should not be submitted in loose form. This can be divided into three parts - the first part should contain

the documents supporting the eligibility of the vendor to participate in the tendering process as per the

eligibility criteria mentioned in the RFP , the second part should contain the technical details of the

proposed project and the third part should contain the technical brochures etc.

The technical proposal shall be organized and submitted as per the following sequence:

a) Table of Contents (List of Documents enclosed). b) Covering Letter as per Annexure – G. c) Application Money if not already remitted. d) Valid Bank Draft towards EMD or Bank Guarantee as per Annexure F in lieu of EMD (To be

submitted in a separate envelope along with the First Copy of Technical Bid). e) Compliance of Eligibility Criteria as per Format/Table specified under Section 5.1.30

Qualification Criteria. The eligibility criteria will be verified based on compliance table given under Section 5.1.30 Qualification Criteria, duly filled by the bidder along with the supporting documents.

f) Technical proposal detailing the scope, approach and deliverables for the scope of work specified in the document and manpower estimated to be deployed along with Annexure A.

g) Compliance Certificate for All the Terms and Conditions stipulated in the RFP without any deviation. This should be as per Annexure-E.

h) All copies of certificates, documentary proofs etc. i) A CD containing soft copy of the proposal. j) Compliance of Annexure A. k) Masked Annexure B. l) Compliance of Annexure D. m) Compliance Certificate as per Annexure C.


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All the relevant pages of the proposals (except literatures, datasheets and brochures) are to be numbered and be signed by authorized signatory on behalf of the Bidder. The number should be a unique running serial no. across the entire document. The bidder has to submit a soft copy of the entire proposal in a CD. It should be noted that in case of any discrepancy in information submitted by the bidder in hard-copy and soft-copy, the hard-copy will be given precedence. However, in case of non-submission of any hard copy document, if the same is found submitted in the soft-copy, Bank reserves right to accept the same at its discretion.

5.1.19. Masked Commercial

The bidder should submit a copy of the actual price bid being submitted to the bank by masking the

actual prices. This is mandatory. The bid may be disqualified if it is not submitted.

5.1.20. Format for QUOTING Commercials

The suggested format for submission of Commercial after RA is as follows:

a. Index

b. Covering letter

C. Commercial bid document as per Annexure B

d. A statement that the bidder agrees with Payment terms given in the tender.

5.1.21. Costs & Currency

The offer must be made in Indian Rupees only, & price quoted shall be exclusive of taxes.

5.1.22. Fixed Price

The Commercial bid shall be on a fixed price basis, exclusive of all taxes and levies at site as mentioned

above. No price variation relating to increases in customs duty, excise tax, dollar price variation

etc. will be permitted.

5.1.23. Short-listing of Bidders

Bank of Maharashtra will create a short-list of technically qualifying bidders and the Commercial bids of

only these bidders will be opened.

5.1.24. Right to Alter Scope

Bank of Maharashtra reserves the right to alter the proposed scope.


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5.1.25. Erasures or Alterations:

The Offers containing erasures or alterations will not be considered. There should be no hand¬written

material, corrections, alterations or overwriting in the offer. Technical details must be completely filled in.

Correct technical information of the product being offered must be filled in. Filling up of the information

using terms such as “OK”, “accepted”, “noted”, “as given in brochure/manual” is not acceptable. The Bank

may treat such Offers as not adhering to the tender guidelines and as unacceptable.

5.1.26. Assumptions/Presumptions/Modifications:

The Bank would like to expressly state that any assumption, modifications, terms, conditions, deviation

etc., which the bidder includes in any part of the Bidder’s response to this RFP, will not be taken into

account either for the purpose of evaluation or at a later stage, unless such assumptions, modifications,

terms, conditions deviations etc., have been accepted by the Bank and communicated to the bidder in

writing. The bidder at a later date cannot make any plea of having specified any assumption, modifications,

terms, conditions, deviation etc in the bidder’s response to this RFP. No offer can be modified or withdrawn

by the bidder after submission of Bid/s.

5.1.27. Proposal Ownership:

The proposal and all supporting documentation submitted by the bidder shall become the property of the

Bank.

As the Bidder’s proposal is central to the evaluation and selection process, it is important that the bidder

carefully prepares the proposal as per the prescribed format only. Under no circumstances, the format can

be changed, altered or modified. Bidders must provide categorical and factual replies to specific questions.

Bidders may provide additional technical literature relating to their proposal but in a separate Annexure.

Correct and current technical details must be completely filled in. The Appendices/Annexure to this RFP

shall form integral part of the RFP.

5.1.28. Project Ownership:

A. If the bidder is engaging any third party in executing the project, details there of shall be furnished.

The bidder shall detail the responsibilities of such third parties involved and also submit a letter of

undertaking from the parties mentioning their consent and assurance for satisfactory performance

of the project. The bidder must specify any and all relationships with third parties in respect of the

ownership, which are relevant to this RFP.

B. Ownership letter by the bidder to be submitted (Under taking letter by the bidder taking the

ownership of the project execution in case third party also involved in project execution either fully

or partially. The bidder shall also submit the ownership certificate issued by the third party clearly

mentioning the extent of ownership).

C. The bidder will also submit a copy of the agreement executed between the bidder and the third

party.


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5.1.29. Award of Contract:

D. The bidder who is finalized as L1 bidder will be referred to as the selected bidder and Bank will

notify the name of the selected bidder on the Notice Board/ website of the Bank and also by e-mail

to the successful bidder. In case Bank exercise its right to select

E. Additional bidders, name of such selected bidders will also be displayed on website later on and

email will also be sent to them in due course.

F. The contract shall be awarded to and the order shall be placed with selected L1 Bidder with Bank

right to award the contract to more than one bidders in addition to L1 provided they are ready to

match quotes of L1. The offer for this will be given first to L2 and then to L3 and so on for such

additional selection. Bank releases the order either in Full or in part or place more than one order

towards the contract based on the project plan.

G. The selected bidder shall submit the acceptance of the order within seven days from the date of

receipt of the order. Conditional or qualified acceptance shall be rejected. The effective date for

start of provisional contract with the selected Bidder shall be the date of acceptance of the order

by the bidder.

Bank reserves its right to consider at its sole discretion the late acceptance of the order by selected

bidder.

5.1.30. Qualification Criteria

The Bidder is required to meet the following eligibility criteria and provide adequate documentary evidence for each of the criteria stipulated below:

A. ELIGIBILITY CRITERIA COMPLIANCE TABLE

Sr Eligibility Criteria Supporting Documents

Required Complied (Yes/No)

1 The bidder and bidding partner(s) firm must be registered firm/ company//LLP/ trust/ government owned organization

Certificate of Commencement of Business of bidder and bidding partners to be provided

2

The Bidder/Bidding Partner should be in the line of Merchant Acquiring Business in India at least for a period of 2 years as on the date of this RFP. (In case of mergers/acquisitions/restructuring or name change, the date of establishment of earlier/original Partnership Firm/Limited Company can be taken into account).

Relevant supporting documents Like PO/ Credential Letter fulfilling the stated criteria to be provided


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3 No Bidder solely or jointly shall submit more than one Bid for the Project.

Self-Declaration / An undertaking to this effect is to be submitted by the bidder. (The document should be printed on bidders company letter head and should have seal and signature of authorized official)

4

The Bidder/bidding Partner/ OEM should have not been blacklisted / barred / disqualified by any public Sector Bank/RBI/IBA/regulator / statutory body in India,

Self-Declaration / An undertaking to this effect is to be submitted by the bidder. (The document should be printed on bidders company letter head and should have seal and signature of authorized official)

5 The bidder should comply with "Adoption of Integrity Pact" Clause

Integrity Pact Agreement on Rs. 500 Stamp Paper to be submitted. The agreement should be signed by authorized official of the bidders firm with company seal on every page

6 The Bidder should have a minimum turnover of at least Rs.100 crores (each year) in the past two years from Indian operations.

Copy of the audited Balance Sheet and / or Certificate of the Chartered Accountant for preceding three years and copy of the PAN card issued by the IT department: FY 2013-2014 FY 2014-2015 FY 2015-2016

7 The Bidder should have positive net worth in at least 2 of the past 3 financial years.

Copy of the audited Balance Sheet and / or Certificate of the Chartered Accountant for preceding three years and copy of the PAN card issued by the IT department: FY 2013-2014 FY 2014-2015 FY 2015-2016

8

The bidder/bidding partner should have experience of working with at least one scheduled commercial bank for more than two years in India in POS terminal and MPoS Terminal deployment, processing, operations and management thereof in terms of NPCI/VISA/MasterCard guidelines. The

Relevant supporting documents like customer credentials/ Purchase Order along with proof of order execution


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bidder should also have the capability to provide the above services for AMEX.

9 The Bidder/Bidding partner should have installed and be maintaining at least 10000 POS terminals on pan India basis.

Relevant supporting documents like customer credentials/ Purchase Order along with proof of order execution

10

The Bidder should have a set-up in India for operations/back-office processing of merchant acquiring transactions and should have managed Base II /equivalent processing for minimum one Bank.

Relevant supporting documents.

11

The bidder should have its own switch, certified for credit & debit card acquiring business by VISA/MasterCard/ NPCI and Amex (if required by merchant/Bank)


12

The Bidder/bidding Partner should have experience of working with at least one scheduled commercial bank for more than two years in India for offering third party processor/ member service provider (TPP/MSP) for VISA/ MasterCard and NPCI


13

The Bidder/bidding Partner should own/have requisite valid licenses to do the Merchant Acquiring Business. All the POS Terminals should be directly connected to the bidder’s switch for providing switch services for acquiring transactions.


14

Merchant Management Software for POS terminals and Software Processing platform and the related infrastructure should be in use for/by at least one Scheduled Commercial Bank in India at least for 2 years.

Declaration to this effect has to be submitted by the bidder. Letter from one public sector / commercial bank has to be Submitted.

15

The Primary (DC) and Secondary (DR) facility/site where infrastructure of proposed solution is to be hosted should be compliant to VISA/ MasterCard/ NPCI guide lines and PCI-DSS standards

Relevant supporting documents along with site details.

16

The Bidder /partner should provide EAS / MIP / NFS Connectivity and a Disaster Recovery Site to provide the necessary connectivity to the Bank for routing VISA/Master Card/ NPCI transactions respectively.



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17 The bidder should be an Original equipment manufacturer (OEM) or an authorized partner of OEM.

In case bidder is OEM : Declaration to this effect has to be submitted by the bidder. Authorized Partner should provide certificate from OEM.

18 The bidder/bidding partner should have presence / support center pan India

Declaration to this effect has to be submitted by the bidder along with list and contact numbers of support centers

Note:

1) Documentary evidence must be submitted for each criterion.

2) Public Sector / Scheduled commercial banks include RBI and do not include Regional Rural

Banks and Cooperative Banks. These Banks refer to Banks in India only.

B. ADOPTION OF INTEGRITY PACT:

1. The Pact essentially envisages an agreement between the prospective bidders and the Bank, committing the persons/officials of both sides, not to resort to any corrupt practices in any aspect/stage of the contract.

2. Only those bidders, who commit themselves to the above pact with the Bank, shall be Considered eligible for participate in the bidding process.

3. The Bidders shall submit signed integrity pact as per Annexure - l along with Conformity to Eligibility Criteria. Those Bids which are not containing the above are liable for rejection.

4. Foreign Bidders to disclose the name and address of agents and representatives in India and Indian Bidders to disclose their foreign principles or associates

5. Bidders to disclose the payments to be made by them to agents/brokers or any other intermediary. Bidders to disclose any transgressions with any other company that may impinge on the anti-corruption principle.

6. Integrity Pact in respect this contract would be operative from the stage of invitation of the Bids till the final completion of the contract. Any violation of the same would entail disqualification of the bidders and exclusion from future business dealings.

7. The Integrity Pact Agreement submitted by the bidder during the Bid submission will automatically form the part of the Contract Agreement till the conclusion of the contract i.e. the final payment or the duration of the Warranty/Guarantee/AMC if contracted whichever is later.

8. Integrity Pact, in respect of a particular contract would be operative stage of invitation of bids till the final completion of the contract. Any violation of the same would entail disqualification of the bidders and exclusion from future business dealings.

9. The name and contact details of the Independent External Monitors (IEM) nominated by the Bank are as under:


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Shri. Nilmoni Bhakta

Address - A-801, PBCL CHS Ltd.

Plot No. 3, Sector 46 A

Nerul, Navi Mumbai, 400706

Email - [email protected]

Shri. Madan Lal Sharma

Address - K-23, Jangpura Extention

New Delhi

Email - [email protected]

C. JOINT BIDDING

In case the bidder/ group company is not having certain capabilities sought in tender, it can still participate

in tender provided the bidder should have prior agreement and arrangement with those parties having

relevant capabilities/ expertise. Such agreement should be with not more than two parties and should have

been entered into before the due date of tender submission.

Any service issue arising out of such arrangement will be in the domain of successful bidder and the Bank

will not have any responsibility towards the third party activities/ performance. List of parties proposed to

be engaged to be furnished along with the bid.

In case of Joint Bid, all terms & conditions shall be applicable on all the co bidders and they will be liable/

responsible jointly as well as severally.

5.1.31. Earnest Money Deposit

Bidders are required to give a Demand Draft drawn in favour of Bank of Maharashtra and payable at Pune,

(valid for 180 days from the due date of the tender) for Rs. 50 Lacs (Rupees Fifty Lacs Only) as Earnest

money Deposit (EMD) along with their offer. Offers made without E.M.D. will be rejected. Bank of

Maharashtra will not pay any interest on the E.M.D. The Bank may accept Bank Guarantee in lieu of EMD

for an equivalent amount issued by any Public Sector Bank other than Bank of Maharashtra or by any

scheduled commercial bank acceptable to Bank of Maharashtra. In case of Bank Guarantee from other than

Public sector banks prior permission of Bank of Maharashtra is essential. The BG should be valid for 6

months from the date of submission of the offer. The format of BG is enclosed as Annexure F. The EMD

will not carry any interest.

The EMD made by the bidder will be forfeited if:

The bidder withdraws his tender before processing of the same.

The bidder withdraws his tender after processing but before acceptance of “Letter of appointment” issued by Bank.

The selected bidder withdraws his tender before furnishing an unconditional and irrevocable Performance Bank Guarantee.

The bidder violates any of the provisions of the terms and conditions of this tender specification.


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The EMD will be refunded to

- The successful bidder, only after furnishing an unconditional and irrevocable Performance Bank Guarantee of amount specified in RFP document valid till the end of assignment period with additional claim period of 6 (Six) months.

- The unsuccessful bidders, only after acceptance of the “Letter of Appointment” by the selected bidder.

5.1.32. Cancellation of Contract and Compensation

The Bank reserves the right to cancel the contract of the selected bidder and recover expenditure incurred by the Bank on the following circumstances:

• The selected bidder commits a breach of any of the terms and conditions of the bid/contract. • The bidder goes into liquidation voluntarily or otherwise. • An attachment is levied or continues to be levied for a period of 7 days upon effects of the bid.

• The progress regarding execution of the contract, made by the selected bidder is found to be

unsatisfactory. • If deductions on account of liquidated Damages exceeds more than 10% of the total contract price.

• If the selected Bidder fails to complete the due performance of the contract in accordance with the

agreed terms and conditions. After the award of the contract, if the selected bidder does not perform satisfactorily or delays execution of the contract, the Bank reserves the right to get the balance contract executed by another party of its choice by giving one month’s notice for the same. In this event, the selected bidder is bound to make good the additional expenditure, which the Bank may have to incur to carry out bidding process for the execution of the balance of the contract. This clause is applicable, if for any reason, the contract is cancelled. The Bank reserves the right to recover any dues payable by the selected bidder from any amount outstanding to the credit of the selected bidder, including the pending bills and/or invoking Bank Guarantee, if any, under this contract or any other contract/order.

5.1.33. Professional Fees

If any of the items/activities as mentioned in the price bid and as mentioned in Annexure B are not taken up by the Bank during the course of this assignment, the Bank will not pay the charges quoted by the vendor in the Price Bid against such activity/item. The bank shall be paying the charges, only on actual basis, for which services have been availed during the contract period. The Bank reserves the right to initiate any new projects during the period of contract and the bidder shall provide the services if the Bank


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so desires. The Bank shall also have the right to cancel any of the deliverable which have been mentioned in the Annexure B.

5.1.34. Assignment

Neither the contract nor any rights granted under the contract may be sold, leased, assigned, or otherwise transferred, in whole or in part, by the vendor, and any such attempted sale, lease, assignment or otherwise transfer shall be void and of no effect without the advance written consent of the Bank.

5.1.35. Subcontracting

The vendor shall not subcontract or permit anyone other than its personnel to perform any of the work, service or other performance required of the vendor under the contract without the prior written consent of the Bank.

5.1.36. Limitation of Liability

The aggregate liability of Bidder in connection with this Agreement, the services provided by Bidder for the specific scope of work document, regardless of the form or nature of the action giving rise to such liability (whether in contract, tort or otherwise) and including any and all liability shall be the actual limited to the extent of the contract value.

5.1.37. Conflict of Interest:

Bidder covenants and agrees not to consult or provide any services in any manner or capacity to a direct Contractor/Partner/Service Provider of the Bank during the duration of this Agreement unless express written authorization to do so is given by the Bank. A direct Contractor/Partner/Service Provider of the Bank for purposes of this Agreement is defined as any individual, partnership, corporation, and/or other business entity that engages in the business of providing services to the Bank which includes but not limited to System Integration, Annual Maintenance of Hardware/Software/Similar nature, Other IT Solutions, Implementation, Operations and Management related Services. The bidder is bound to the Bank’s best interests during the term of this Agreement. He shall notify the Company of any possible or potential conflict of interest which may result from his other activities, and shall commence such other activities only after written approval of the Company which may not be unreasonably withheld. The bidder shall not and undertakes not to, without the prior consent of the Bank, solicit and/or entice away any officer, director or employee of the Bank. The bidder shall warrants and represents to the best of his/her knowledge he/she has no direct or indirect private interest (including corporate stockholdings or other business agreements and obligations) which is or may appear to be incompatible with the Bidder's services under this Agreement.


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5.1.38. Roles & Responsibility during Project Implementation A. All tools, tackles, testing instruments, consumables, vehicles, etc., as required during all

operations such as transport, installation, testing, commissioning, maintenance shall be provided by the Bidder at no extra cost to the Bank for completing the scope of work as per this RFP.

B. The selected Bidder shall take all steps to ensure safety of bidder’s and the bank’s personnel during execution of the contract and also be liable for any consequences due to omission or act of the selected bidder or theirs sub-bidders.

C. The cost of migration, if any from the existing service provider to the new service provider will be borne by the newly selected L1 bidder.

D. In case any damage of Bank‟ s property during execution of work is attributable to the bidder, bidder has to replace the damaged property at his own cost.

6. TERMS AND CONDITIONS

6.1. Effective Date:

The effective date shall be date of acceptance of the order by the selected bidder. However, the bidder shall submit the acceptance of the order within seven days from the date of receipt of order. The Bank reserves the right to consider the late acceptance of the order, if any, at its discretion.

6.2. Period of Contract The period of contract is initially for 3 years which may be renewed for additional 2 years 2 terms of one year each with mutual consent and can be extended based on the satisfactory performance of the bidder at the sole discretion of the Bank.

6.3. Project Execution:

The selected bidder shall nominate a competent person as Project Manager under intimation to bank immediately on acceptance of the order, who shall be the single point of contact for the project However, for escalation purpose, details of other persons shall also be given. The selected Bidder has to provide details of single point of contact viz. name, designation, address, e-mail address, telephone/mobile no., fax no. etc

6.4. Execution of Agreement:

Within 21 days from the date of acceptance of the Order, the selected bidder shall sign a stamped “Contract” with the Bank at the time, place and in the format prescribed by the Bank. Failure to execute the Contract Agreement makes the EMD liable for forfeiture at the discretion of the Bank and also rejection of the selected Bidder. The Contract Agreement shall include all terms, conditions and specifications of RFP and also the Commercials and Price, as agreed finally after Bid evaluation and Reverse Auction. The Contract shall be executed in English language in two original, out of which one will be retained by the Bank and other by the successful bidder. The contract shall be valid till all contractual obligations are fulfilled.


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6.5. Uptime: Bidder is required to maintain uptime for POS/EDC Infrastructure as per Clause 6.5 - D

6.6. Penalty A. The Selected bidder has to install PoS/EDC terminal within 2 days in case of Metro/Urban

areas, 5 days in case of semi-urban areas and 7 days in case of rural areas after getting installation approval from the Bank.

B. The Selected bidder shall be charged penalty for not adhering to the time schedule of delivery/installation/make terminal operational at the rate of Rs. 100/- per day per POS/EDC terminal, subject to a cap of 10% of the value of terminals (Notional Value of the terminals to be indicated by the bidder in the bill of material) or Rs.1000/- per terminal whichever is higher.

C. Penalties at the rate of Rs 100 per day per POS/EDC will be levied on selected bidder in case the POS/EDC is down for more than 24 hours in metro and urban areas, more than 48 hours in a semi-urban and 72 hours rural area. These penalties will be applicable if terminal is not working because of any reason attributable to the service provider / bidder which could, inter-alia, include malfunctioning of the POS/EDC machine, non-availability of consumables, non-operation of Server of the service provider, or due to deficiency or non-availability of services as stated in the scope of work. The Service Provider may provide temporary equivalent replacement as a workable solution to avoid the above penalty.

D. Though the expected uptime level is 100 %, the minimum acceptable level of system uptime is 98% in Metro and urban centres and 96% in other centres to be computed on a monthly basis subject to verification by the Bank or through its authorized representative. Penalty for each percentage point lower than the acceptable uptime would attract a penalty of 0.5% of the billing amount for the month.

E. In case of loss to the Bank due to delay in uploading settlement files to respective network beyond cut-off time, the service provider has to compensate the Bank for the losses at 2% above banks prevailing Base Rate of lending.

F. For purpose of calculating penalty, uptime is calculated as under: Uptime (%) = (Sum of total hours during month - Sum of downtime hours during month X 100) ÷ Sum of total hours during the month.

G. The Selected bidder shall ensure that the meantime between failures (including any malfunctioning, breakdown or fault) in the equipment/POS Terminal or any part thereof, as calculated during any and every quarter (period of three consecutive months) is not less than 90 days.

H. Preventive maintenance: the Selected bidder shall conduct Preventive Maintenance {including but not limited to Merchant Training (wherever needed), testing, satisfactory execution of all diagnostics, cleaning and removal of dust and dirt from the interior and exterior of the equipment, and necessary repair of the equipment} once within first 15 days of the installation and thereafter once in a month during the currency of this agreement on a day and time to be suitable to the Merchant.

I. Apart from the penalty clauses given herein above, in case PoS/EDC remains out of order upto 10 days, no rental charges for that particular PoS/EDC will be deducted and in case PoS/EDC remains out of order for more than 10 days, rent for that particular PoS/EDC machine will be deducted for full month. In such event, the Service Provider if credited without deducting the rental charges for that month, the Bank can deduct the amount forthwith to Bank on demand by the Bank.


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6.7. Pricing & Payments: A. The Price offered to the Bank must be in Indian Rupees and exclusive of all taxes. The

Vendor has to inform the rate of applicable taxes separately. B. No escalation in price quoted is permitted for any reason whatsoever. Prices quoted must

be firm till the completion of the contract. C. From the date of placing the order till the delivery of the product/solution/certification, if any

changes are brought in the duties such as excise/customs etc., by the Government resulting in reduction of the cost of the systems, the benefit arising out of such reduction shall be passed on to the Bank.

D. Applicable Taxes will be paid at actual to the maximum of taxes indicated in the Commercial Bid. If there is any delay in delivery of the solution ordered on account of the Bidder, then any increase in tax rate has to be borne by the bidder. However if any decrease in the tax rates, then the taxes at actual will be paid.

6.8. Payment Terms: A. Payment terms shall be on monthly basis in arrears, based on invoices provided by the

bidders to the Bank for the EDC/POS terminals deployed by the Bidder at Merchant location. Date of making EDC/POS Terminals operational at Merchant location shall be considered for calculation of rent. Invoices submitted by the bidder must accompany terminal wise downtime report.

B. The Bidder must accept the payment terms proposed by the Bank. Any deviation from the proposed payment terms would not be accepted. The Bank shall have the right to withhold any payment due to the Bidder, in case of delays or defaults on the part of the Bidder. Such withholding of payment shall not amount to a default on the part of the Bank.

C. The payments will be released only through NEFT / RGTS and the Selected Bidder has to provide necessary Bank Details like Account No., Bank’s Name with Branch, IFSC Code etc.

D. The payment will be released after deducting applicable taxes (TDS) etc., if any.

6.9. Security Deposit / Performance Bank Guarantee: A. The successful bidder should submit a Security Deposit / Performance Guarantee

acceptable to the bank for Rs.50.00 lacs (Rupees Fifty lacs only) within 15 days from the date of acceptance of the Order.

B. If the Security Deposit /Performance Guarantee is not submitted within the time stipulated above, penalty at Rs.10000/- for each completed calendar week of delay or part thereof will be deducted from the payment or from any other payments for the delay in submission of Security Deposit/ Bank Guarantee. The total penalty under this clause shall be restricted to maximum of Rs.50000/.

C. Performance Bank Guarantee obtained from any of the Scheduled Banks (Other than BANK OF MAHARASHTRA) submitted or security deposit made should be valid for a period of 39 months, from the date of acceptance of order and shall be retained till the completion of contract period. The guarantee should also contain a claim period of three months from the last date of validity. However it should be as per the bank’s format.(APPENDIX-D) . The PBG shall be effective and if required to be extended during the currency / extended time of the contract period.

D. The selected bidder shall be liable for extending the validity date and claim period of the Bank guarantees as and when it is due, on account of non-completion of the project.


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E. The security deposit / bank guarantee will be returned to the bidder within six months after completion of the contract period/extended period of the contract with the consent of both the parties, whichever is later.

F. The Bank shall invoke the Bank guarantee before the expiry of validity, if work is not completed and the guarantee is not extended, or if the selected bidder fails to complete his obligations under the contract. The assessment of performance will be the sole discretions of the bank. The Bank shall be notifying the selected bidder in writing before invoking the Bank guarantee.

6.10. Order Cancellations: A. The Bank reserves its right to cancel the entire / unexecuted part of the Purchase Order at

any time by assigning appropriate reasons and recover expenditure incurred by the Bank in addition to recovery of Liquidated damages as per the terms of the contract, in the event of one or more of the following conditions:

B. Delay in delivery of solution beyond the specified period. C. Serious discrepancies noted in the solution delivered. D. Breaches in the terms and conditions of the Order. E. Non satisfactory performance of bidder during the contract period. F. In addition to the cancellation of purchase order, the Bank reserves its right to invoke the

Bank Guarantee or foreclose the Security Deposit given by the bidder towards non¬performance/non-compliance of the terms and conditions of the contract, to appropriate towards damages.

G. Bank shall serve the notice of termination to the bidder at least 30 days prior, of its intention to terminate services during the contract period.

6.11. Software, Drivers and Manuals:

A. The bidder shall supply along with each item, all the related documents, manuals, catalogues, if any, without any cost to the Bank. The media and documents shall be in English.

B. All related documents, manuals, catalogues and information furnished by the bidder shall become the property of the Bank.

6.12. Training The Selected bidder shall provide the training to the bank‟s personnel as described below:

A. The Bidder shall provide extensive training, on its product, to users including branch officials, Card Centre officials/staff etc. The training will have to be provided at Mumbai and all cost of trainers and training material in providing 3 training batches to Bank‟s officials shall be borne by the bidder

B. The Bidder shall provide a detailed operations and maintenance manual for use of the staff including training the Bank's personnel.

C. Bidder should submit detailed course content and provisional agenda along with the Bid. D. The course will be designed in such a capsule manner that duration will be of 1 - 2 day

6.13. Project Timeline

The timelines of implementation of the project shall be submitted along with the tender submission in the following format.


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S. No. Activity Weeks Required for the activity

Project duration (weeks)

Max. Time period for completion

1 Completion of post reverse auction

Formalities

2 2 2 weeks of issuing the letter of intent to successful Bidder

2 Completion of Certification Process/UAT

4 6 6 weeks of issuing the letter of intent to successful bidder

The solution should be ready for deployment of first lot of POS/EDC Terminals with the start of 7th week from the date of issuing the letter of intent. Afterwards, deployment of terminals will be an ongoing process.

6.14. Non-Disclosure Agreement:

The final selected bidder will have to sign a contract along with NDA, with the Bank. The contract will be based

on the terms and conditions mentioned in the RFP.

6.15. Delays in Design, Implementation and Performance Guarantee.

The final short listed firm should submit a performance guarantee valid for contract period from the date of

signing the contract with additional claim period of six months after expiry of validity period. The value of the

performance guarantee will be 10% of the Total Project Cost.

The Bidder must strictly adhere to the project timeline schedule, for each assignment for performance of

the obligations arising out of the contract and any delay will enable the Bank to resort to any or all of the

following at sole discretion of the bank.

(a) Claiming Liquidated Damages

(b) Termination of the agreement fully or partly

In addition to the termination of the agreement, Bank of Maharashtra reserves the right to appropriate the

damages by invoking the performance guarantee.

6.16. Liquidated Damages

The liquidated damages will be an estimate of the loss or damage that the bank may have suffered

due to delay in performance of the obligations (under the terms and conditions of the contract) by the

bidder and the company / firm shall be liable to pay the Bank as liquidated damages at the rate of 1%

of the total contract value of each assignment for delay of every week or part thereof (for final certification).


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Without any prejudice to the Bank's other rights under the law, the Bank shall recover the liquidate

damages, if any, accruing to the Bank, as above, from any amount payable to the vendors either as

per the Contract, executed between the Bank and the vendor pursuant hereto or under any other

Agreement/Contract, the Bank may have executed/shall be executing with the vendor.

6.17. Indemnity

The vendor shall, at their own expense, defend and indemnify the Bank against any claims due to loss

of data / damage to data arising as a consequence of any negligence during implementation process.

A. The bidder shall keep and hold the Bank indemnified and harmless from time to time and at

all times against all actions, proceedings, claims, suits, liabilities (including statutory liability),

penalties, demands, charges, costs (including legal costs) and expenses, damages, losses

and any other expenses which may be caused to or suffered by or made or taken against the

Bank arising out of:

B. The breach, default or non-performance of undertakings, warranties, covenants or obligations

by the bidder;

C. Any contravention or Non-compliance with any applicable laws, regulations, rules, statutory or

legal requirements by the bidder;Further, the bidder shall indemnify, protect and save the Bank

against all claims, losses, costs, damages, expenses, action suits and other proceedings,

resulting from infringement of any law pertaining to patent, trademarks, copyrights etc. or such

other statutory infringements in respect of PCI-DSS & PA-DSS compliance of POS/EDC

Infrastructure for POS/EDC Terminals, supplied by them.

D. All indemnities shall survive notwithstanding expiry or termination of the contract and bidder

shall continue to be liable under the indemnities.

E. Claims made by the Bank/third parties in case of infringement of Intellectual property rights or

for claims relating to the loss of damage to real property and tangible personal property and

for bodily injury or death and in these cases the liability will be unlimited of the bidder.

6.18. Inspection/ Audit of Records:

A. Bank at its discretion may verify the accounts and records or appoint third party

B. for verification including an auditor for audit of records including Hardware, Software provided

to the Bank under the RFP and the vendor shall extend all cooperation in this regard detailed

as under:

C. BANK OF MAHARASHTRA may, at its discretion after giving 7 working days prior intimation,

audit at its own cost the services provided for last two years under this agreement by Service

Provider by its external / internal auditors or by agents appointed to act on its behalf and to

obtain copies of any audit or review reports and findings made on Service Provider in

conjunction with the services performed for BANK OF MAHARASHTRA.

D. Service Provider recognizes right of the Reserve Bank of India / Govt / NPCI or Bank appointed

agency to conduct an inspection of Service Provider premises, sites or infrastructure, its books

and accounts pertaining to the services rendered under this agreement located in India to


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satisfy any Legal Requirements or any mandatory requirement as may be imposed by the

Reserve Bank of India from time-to-time by one or more of the Reserve Bank of India officers/

employees or Bank’s internal and external auditors. The entire cost of inspection and/or audit

shall be borne by BANK OF MAHARASHTRA only.

E. Service Provider shall, whenever required, furnish within reasonable time all relevant

information, records, transaction details and data pertaining to the services rendered during

the last two years under this agreement to such auditors and/or inspecting officials of BANK

OF MAHARASHTRA Bank and/or Reserve Bank of India and/or any regulatory authority.

BANK OF MAHARASHTRA Bank reserves the right to call for any relevant material

information/report pertaining to services rendered under this agreement at its own cost.

Compliance of the observations made by the inspecting officials shall be adhered to by Service

Provider.

F. Service Provider to ensure the relevant off-shore regulator will neither obstruct the

arrangement nor object to RBI inspection visits / visits of banks internal and external auditors

as mentioned above.

6.19. Assignment:

A. The vendors shall not assign to any one, in whole or in part, its obligations to perform under

the RFP/contract, except with the Banks prior written consent.

B. If the Bank undergoes a merger, amalgamation, take-over, consolidation, reconstruction,

change of ownership etc., this RFP shall be considered to be assigned to the new entity and

such an act shall not affect the rights and obligations of the Vendor under this RFP.

6.20. Guarantees:

The bidder should guarantee that the software/solution supplied to the Bank includes all patches,

upgrades/ updates etc., and the same are licensed and legally obtained. All software must be

supplied with their original and complete printed documentation. Similarly all the equipment supplied

under the contract shall be under warranty / AMC under back-to-back arrangement with OEM / or

its authorized entities. Bidder to incorporate any regulatory changes into the systems deployed at

no additional cost to Bank. Any new software features that are otherwise provided by bidders to any

of their other customers shall be made available to Bank during the contract period at no additional

cost to Bank.

6.21. Confidentiality and Non-Disclosure:

The bidder shall take all necessary precautions to ensure that all confidential information is treated

as confidential and not disclosed or used other than for the purpose of project execution. Bidder

shall suitably defend; indemnify Bank for any loss/damage suffered by Bank on account of and to

the extent of any disclosure of the confidential information. The bidder shall furnish an undertaking.

No media release, public announcement or any other reference to the RFP or any programme there

under shall be made without the written consent from the Bank. Reproduction of this RFP, without

the prior written consent of the Bank, by photographic, electronic or other means is strictly


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prohibited.

6.22. Amendments to the Agreement:

Once contract agreement is executed with the bidder, no amendments or modifications of

Agreement and no waiver of any of the terms or conditions hereof shall be valid or binding unless

made in writing.

6.23. General Contract Agreement Conditions:

A. Neither Bank nor Bidder shall assign any rights or obligations herein without obtaining the prior

consent of the other Party.

B. No forbearance, indulgence, relaxation or inaction by any Party [Bank or Bidder] at any time

to require the performance of any provision of Agreement shall in any way affect, diminish, or

prejudice the right of such Party to require the performance of that or any other provision of

Agreement.

C. No waiver or acquiescence of any breach, or any continuing or subsequent breach of any

provision of Agreement shall be construed as a waiver of any right under or arising out of

Agreement or an acquiescence to or recognition of any right and/or any position other than

that expressly stipulated in the Agreement.

D. All remedies of either Bank or Bidder under the Agreement whether provided herein or

conferred by statute, civil law, common law, custom, or trade usage, are cumulative and not

alternative may be enforced successively or concurrently.

E. If any provision of Agreement or the application thereof to any person or Party [Bank/Bidder]

is or becomes invalid or unenforceable or prohibited by law to any extent, this Agreement shall

be considered divisible as to such provision, and such provision alone shall be inoperative to

such extent and the remainder of the Agreement shall be valid and binding as though such

provision had not been included.

F. None of the provisions of Agreement shall be deemed to constitute a partnership between the

Parties [Bank and Bidder] and neither Party [Bank nor Bidder] shall have any right or authority

to bind the other as the others agent or representative and no Party shall be deemed to be the

agent of the other in any way.

G. Agreement shall not be intended and shall not be construed to confer on any person other

than the Parties [Bank and Bidder] hereto, any rights or remedies herein.

H. Agreement shall be executed in English language in two original, out of which one will be

retained by the Bank and other by the successful bidder.

6.24. Negligence:

If the selected bidder neglects to execute the work with due diligence or expedition or refuses or

neglects to comply with any reasonable order given to him in writing by the Bank, in such eventuality,

the Bank may after giving notice in writing to the selected bidder calling upon him to make good the

failure, neglect or contravention complained of, within such times as may be deemed reasonable

and in default of the said notice, the Bank shall have the right to cancel the Contract holding the

selected bidder liable for the damages that the Bank may sustain in this behalf. Thereafter, the Bank


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may make good the failure at the risk and cost of the selected bidder.

6.25. Responsibility for Completeness:

A. The bidder shall ensure that the Solution provided Hardware/Software/Middleware etc] meets

all the technical and functional requirements as envisaged in the scope of the RFP

B. The bidder shall deliver, install the equipment and port the software, arrange for user

acceptance test at bidder‟s cost as per accepted time schedules. The bidder is liable for

penalties levied by Bank for any deviation in this regard. The bidder shall provide for all tools,

testing instruments, drivers, consumables required to install, customize and test the software

without any further charge, expense and cost to Bank.

C. Any supplies and services which might not have been specifically mentioned in this tender but

are necessary for installation, testing, commissioning, performance or completeness of the

order, shall be provided / made available by the bidder as per the time schedule for smooth

and efficient operation and maintenance of the system under Indian condition.

D. The Bidder shall be responsible for any discrepancies, errors and omissions in the drawings

or other information submitted by him irrespective of whether these have been approved,

reviewed or otherwise accepted by the bank or not. The bidder shall take all corrective

measures arising out of discrepancies, error and omission in drawings and other information

as mentioned above within the time schedule and without extra cost to the bank.

6.26. Responsibilities of the Bank:

A. Provide Acquiring BIN of NPCI, VISA, ICA of MasterCard and INN of Maestro.

B. Identification / selection of merchants from Bank‟s existing customer-base/ future customer

base.

C. To designate a nodal officer who will be the single point of contact for the service provider

D. To transmit the merchant information through a mutually agreed mode and format to

enable the service provider to set up the merchant in its system on agreed terms.

E. To finalize the format of the settlement file

F. To credit on a daily basis the settled amounts of merchants based on the settlement file

provided by the service provider

G. To act on risk mitigation advisory from service provider

H. Certification of Bank’s BIN on switch of Bidder by MasterCard and NPCI, VISA etc.

6.27. Responsibilities of the Bidder:

A. To settle POS/EDC transactions pertaining to merchant establishments enrolled with BANK

OF MAHARASHTRA with NPCI, VISA and MasterCard. BANK OF MAHARASHTRA is already

having a settlement account with VISA/NPCI. Bidder to assist Bank in opening a settlement

account with Mastercard etc.

B. The bidder should ensure that the merchant is able to submit the daily transactions/bills online

to them for settlement.

C. Development, maintenance, customization and periodical up-gradation of terminal application


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software.

D. Certification of acquiring host by MasterCard, NPCI, VISA etc.

E. VAP/MIP hosting, handling, periodical up-gradation as per rules revised by MasterCard and

NPCI, VISA etc. periodically and ensuring meticulous compliance of the prescribed rules from

time to time.

F. Periodical certification of the hardware, software and application of POS/EDC terminal as is

considered necessary.

G. Purchase, storage, insurance, repairs and maintenance of POS/EDC terminals

H. To keep EDC machines, POS/EDC Infrastructure updated with the directives/ guide lines of

regulators and Bank Card Association & Hosting of Merchant Management Software and its

hardware in a secured environment.

I. Sensitizing the Bank Officials on various aspects of Merchant Acquiring Business.

J. Board Merchants along with all techno-commercial details in the Merchant Management

Software.

K. Prepare a risk profile of the merchant, performing TRACE/NMAS/MATCH etc for merchants.

L. Undertake terminal installation, activation and management.

M. Conduct merchant training on an ongoing basis.

N. Supply consumables to merchants based on requirement.

O. Undertake POS/EDC terminal maintenance, repair or replacement as required. 61 .16.

Arrange for Network Access Connectors (NACs).

P. Develop interface between POS/EDC terminals and service provider through established

network.

Q. The Bidder shall comply with/provide confirmation on provision of network monitoring facility

and ensuring connectivity of POS/EDC machines.

R. Provide Merchant help desk support for attending to the Merchants‟ queries and a web based

portal for lodgment of complaints to the Merchants.

S. Ensure smooth back-end transaction processing viz., capturing of transaction from POS/EDC

terminals, routing it to issuer through VAP/MIP/NPCI, obtaining response from issuer and

transmitting back the response to the merchant.

T. Maintain record of all successful and unsuccessful transactions logs in a secure environment.

U. Process settlement files from MasterCard/VISA/NPCI etc. with the transaction record and

service charges applicable with respective entity

V. Reconcile settlements including charge-backs, re-presentments, pre-arbitrations and

arbitrations etc. as laid down in the rules for this purpose.

W. Filter the transactions through risk analysis and fraud monitoring tools in online and offline

environment.

X. Undertake dispute management, grievance redressal etc.

Y. Provide daily Merchant wise settlement report to enable the bank to credit monies to the

respective merchants as per agreed terms.

Z. Daily and periodic MIS reports for Fraud monitoring, transaction velocity and activity reports,

negative balance reports as required by the Bank to be sent to Bank branch managers and

others as may be required from time to time.

AA. Daily report to be sent to the Bank on system performance with reasons wherever deficiency

has been observed.


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BB. Service Provider has got trained and experienced personnel as to enable Service Provider to

fully perform the contractual obligations arising under this agreement and Service Provider has

verified the antecedents/performed background checks of such personnel as per the RBI

guidelines before engaging them in providing, supporting and/or executing any services under

end-to-end solution for merchant acquiring business. Further, Service Provider will do re

verification check after every two years the background of such personnel as per RBI

guidelines.

CC. The service provider may procure the services of local vendors/ sub-contractors, with the

explicit permission of the Bank, for terminal installation, merchant training, merchant help desk,

terminal repair and servicing, supply of spares and consumables, terminal replacement and

installation of terminal application software, that should be required by them. The service

provider will be solely responsible for under or non-performance and deficiency of services of

such third party bidder (s).

DD. No payment will be made by the Bank to the third party bidder (s) for their services. The service

provider shall enter into agreement with such bidders and provide a copy of such agreement

to the Bank. The agreement between service provider and local vendors/sub-contractors

should explicitly include a clause regarding

EE. Confidentiality/integrity/availability of data and other information related to business.

FF. By submitting a signed bid/response to this RFP the Bidder certifies that:

a. The prices in the bid have not been disclosed and shall not be disclosed to any

other bidder of this RFP.

b. No attempt by the Bidder to induce any other bidder to submit or not to submit a bid for

restricting competition has occurred.

c. Each Bidder must indicate whether or not they have any actual or potential conflict of

interest related to contracting services with BANK OF MAHARASHTRA Bank. In case such

conflicts of interest do arise, the Bidder must indicate the manner in which such conflicts

can be resolved.

d. The Bidder represents and acknowledges to the Bank that it possesses

necessary experience, expertise and ability to undertake and fulfil its obligations, under all

phases involved in the performance of the provisions of this RFP. The Bidder represents

that all software to be supplied in response to this RFP shall meet the proposed Bidder

solution requirements. The Bidder shall be required to independently arrive at a solution, which

is suitable for the Bank, after taking into consideration the effort estimated for

implementation of the same. If any services, functions or responsibilities not specifically

described in this RFP are an inherent, necessary or customary part of the deliverables or

services and are required for proper performance or provision of the deliverables or services

in accordance with this RFP, they shall be deemed to be included within the scope of the

deliverables or services, as if such services, functions or responsibilities were specifically

required and described in this RFP and shall be provided by the Bidder at no additional cost

to the Bank. The Bidder also acknowledges that the Bank relies on this statement of fact,

therefore neither accepting responsibility for, nor relieving the Bidder of responsibility for

the performance of all provisions and terms and conditions of this RFP, the Bank expects

the Bidder to fulfill all the terms and conditions of this RFP.


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6.28. Corrupt and Fraudulent Practices

A. As per Central Vigilance Commission (CVC) directives, it is required that Bidders

/Suppliers/Contractors observe the highest standard of ethics during the procurement and

execution of such contracts in pursuance of this policy:

B. "Corrupt Practice" means the offering, giving, receiving or soliciting of anything of values to

influence the action of an official in the procurement process or in contract execution AND

C. "Fraudulent Practice" means a misrepresentation of facts in order to influence a procurement

process or the execution of contract to the detriment of the Bank and includes collusive

practice among bidders (prior to or after bid submission) designed to establish bid prices at

artificial non-competitive levels and to deprive the Bank of the benefits of free and open

competition.

D. The Bank reserves the right to reject a proposal for award if it determines that the bidder

recommended for award has engaged in corrupt or fraudulent practices in competing for the

contract in question.

E. The Bank reserves the right to declare a firm ineligible, either indefinitely or for a stated period

of time, to be awarded a contract if at any time it determines that the firm has engaged in

corrupt or fraudulent practices in competing for or in executing the contract.

F. The decision of the Bank in determining the above aspects will be final and binding on all the

Bidders.

G. No Bidder shall contact through any means of communication the Bank or any of its employees

on any matter relating to its bid, from the time the bid opening to the time the contract is

awarded. If the Bidder wishes to bring additional information to the notice of the Bank, it may

do so in writing. An effort/attempt by a Bidder to influence the Bank in its decision on bid

evaluation, bid comparison or contract award may result in rejection of the Bidders bid and/or

blacklisting the Bidder.

H. The Bidder agrees not to hire, solicit or accept solicitation either directly or through a third party

from any of the employees of the Bank directly involved in this contract during the period of

contract and one year thereafter, except as the parties may agree on case-to-case basis.

6.29. Resolution of Disputes:

All disputes and differences of any kind whatsoever, arising out of or in connection with this

Contract/ Agreement executed by the successful bidder or in the discharge of any obligation

arising under this Offer (whether during the course of execution of the order or after completion

and whether beyond or after termination, abandonment or breach of the Agreement) shall be

resolved amicably. In case of failure to resolve the disputes and differences amicably the

matter may be referred to a sole arbitrator mutually agreed upon after issue of at least 30 days

notice in writing to the other party clearly setting out there in the specific disputes. In the event

of absence of consensus about the single arbitrator, the dispute may be referred to joint

arbitrators; one to be nominated by each party and the said arbitrators shall appoint a presiding

arbitrator. The provisions of the Indian Arbitration and Conciliation Act, 1996, shall govern the

arbitration. The venue of arbitration shall be at the sole discretion of the Bank at PUNE, India.

The arbitrator shall be the one of the existing working General Manager/retired General


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Manager of BANK OF MAHARASHTRA.

6.30. Modification/Cancellation of RFP:

The bank reserves the right to modify/cancel/re-tender without assigning any reasons

whatsoever. The bank shall not incur any liability to the affected bidder(s) on account of such

rejection. Bank shall not be obliged to inform the affected bidder(s) of the grounds for the

Bank's rejection.

6.31. Jurisdiction of the Court:

All disputes and controversies between Bank and Bidder shall be subject to the exclusive

jurisdiction of the courts in PUNE and the parties agree to submit themselves to the jurisdiction

of such court. This RFP/contract agreement shall be governed by the laws of India.

6.32. Exit Clause

I. The contract period shall commence from the effective Date and shall continue for a period of

three years (36 months) until completion of Services to be performed under this Agreement or

unless terminated as set forth herein.

J. On expiry of completion of its terms, the Bank may at its own discretion consider for extension

of the contract for another period of 12 months (2 terms of one year each) on existing terms &

conditions and pricing or on mutually agreed terms.

K. The Bank reserves the right to cancel the contract in the event of happening one or more of

the following Conditions:

L. Failure of the successful Bidder to accept the contract and furnish the

M. Performance Guarantee within 15 days of receipt of purchase contract;

N. Failure to set up the infrastructure as per the terms of this RFP and commence business as

envisaged in this RFP within a reasonable time beyond the timeline specified in this RFP. The

decision regarding reasonable time shall be that of the Bank.

O. In addition to the cancellation of purchase contract, Bank reserves the right to appropriate the

damages through encashment of Bid Security / Performance Guarantee given by the Bidder

and other possible recourse without prejudice to the Bank thereof.

P. The Bank will reserve a right to re-negotiate the price and terms of the entire contract with the

Bidder at more favorable terms in case such terms are offered in the industry at that time.

Q. Notwithstanding the existence of a dispute, and/or the commencement of arbitration

proceedings, the Bidder should continue to provide the facilities to the Bank at the site.

R. Reverse transition mechanism would be activated in the event of cancellation of the contract

or exit by the parties or 6 months prior to expiry of the contract. The Bidder should perform a

reverse transition mechanism to the Bank or its designated agency. The reverse transition

mechanism should be completed within a period of 6 months and against the proper sign off

by the bidder and the Bank or its designated agency post the completion of the 90 day notice

period to facilitate an orderly transfer of services to the Bank or to an alternative agency

nominated by the Bank.


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S. The reverse transition services to be provided by the bidder shall include the following:

T. The bidder shall suitably and adequately train the Bank‟s staff members or its designated team

for fully and effectively manning, operating and maintaining the data centre. Bidder shall

provide adequate documentation thereof.

U. The bidder shall jointly manage the data centre with the bank or designated team for a

reasonable period of time

V. The bidder shall assist the bank in relocation of disaster recovery site facility, if desired by the

bank.

W. The Bidder shall provide such necessary information, documentation to the Bank or its

designee, for the effective management and maintenance of the Deliverables under this

Agreement. Bidder shall provide documentation (in English) in electronic form where available

or otherwise a single hardcopy of all existing procedures, policies and programs required to

support the Services.

6.33. Others :

A. Further, the successful bidder shall ensure that:

B. Data is available in a format suitable for the purpose for which it is required and is available to

authorized individuals (including RBI inspectors and internal/external auditors).

C. Back up arrangements are in place for all records held in electronic form or any other records.

Periodical testing is undertaken for recovery/verification/retrieval of data as and when required

and that business continuity and disaster recovery systems are in place as per the Bank‟s

Information security policy.

D. Given the nature, scale and complexity of the business, BANK OF MAHARASHTRA should

receive information at the prescribed intervals i.e. daily, weekly, monthly, quarterly, half yearly,

yearly as required by the Bank.

E. Given the nature, scale and complexity of the business, the record keeping procedure of bidder

to ensure that information/MIS captured in relation to the operation and management of End-

to-End services follows all relevant applicable laws and rules & regulations

F. The successful bidder to comply with the following practices for retaining records/computer

data base/Data including electronic records:

G. Complying with al statutory and regulatory requirements.

H. Storing and preserving records/computer data base/data in appropriate optical media or

equivalent media along with back up storage.

I. Ensuring that the media chosen does not conflict with the accessibility required of the relevant

records and that the physical conditions under which the records/computer data base/data will

be stored are conducive of its preservation till the proposed period of retention.

J. Maintaining all original records in India.

K. No records/computer data base/data to be erased, deleted, purged, modified and/or destroyed

by the successful bidder/s.

L. Handing over of all records/computer data base/data, including back ups to BANK OF

MAHARASHTRA Bank as and when demanded.

M. Any future addition/ up gradation of Hardware and software on account of directives of

Regulatory authority/ other bodies have to be complied with in set time frame at no cost to the

Bank.


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N. If Service Provider and any of its sub-contractors are not maintaining any computer resources

outside India in any off shore locations. Nevertheless, Service Provider and its sub-contractors

undertake that during the currency of this agreement they shall ensure that the regulatory

authority of the offshore location does not have access to the information or data relating to

BANK OF MAHARASHTRA Banks operations on the ground that the processing of such

information or data is being undertaken there. Off-shore shall mean any territory other than

India.

O. During the course of this Agreement, BANK OF MAHARASHTRA Bank reserves the right after

giving reasonable prior written notice (which notice shall include timescales and location) to

Service to undertake a review and audit of all or any of the Deliverables or Services being

provided by Service Provider during last two years under this Agreement and all records,

operational controls and processes for the last two years relating thereto. Service Provider

shall co-operate fully and shall provide any information or other facility reasonably required by

BANK OF MAHARASHTRA Bank for the purpose of undertaking such review or audit as

mentioned above. Where following such audit BANK OF MAHARASHTRA Bank establishes

reasonable grounds in consultation with Service Provider that Service Provider has received

Charges and/or other payments from BANK OF MAHARASHTRA Bank in excess of the

payments to which it is entitled under this Agreement, Service Provider shall (without prejudice

to BANK OF MAHARASHTRA Bank‟s rights arising under this Agreement or generally)

forthwith pay to BANK OF MAHARASHTRA Bank its share of such excess receipts.

P. The Bank may also consider giving incentive to bidder/s for procurement of new business

linked to maintenance of quarterly average balance in Current/Saving Fund Account on

negotiated agreed terms after finalization of contract.

6.34. Warranties:

Q. All the warranties held by or in the name of the bidder shall be assigned or transferred as-is,

in the name of the bank. The bidder shall execute any and all such documents as may be

necessary in this regard.

R. The parties shall return confidential information and will sign off and acknowledge the return

of such confidential information.

S. The bidder shall provide all other services as may be agreed by the parties in connection with

the reverse transition services.

T. The bidder recognizes that considering the enormity of the assignment, the transition services

listed herein are only indicative in nature and the bidder agrees to provide all assistance and

services required for fully and effectively transitioning the services provided by the bidder

under the scope, upon termination or expiration thereof, for any reason whatsoever

U. The existing Bidder would transfer all knowledge, know how and other things necessary for

the Bank or authorized agency to take over and continue to manage the services. The Bidder

agrees that the reverse transition mechanism and support during reverse transition will not be

compromised or affected for reasons whatsoever be for cancellation or exit of the parties.

V. The Bank shall have the sole and absolute discretion to decide whether proper reverse

transition mechanism over a period of 6 months, has been complied with. In the event of the

conflict not being resolved, the conflict will be resolved through Arbitration.

W. The Bank and the Bidder shall together prepare the Reverse Transition Plan. However, the


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Bank shall have the sole decision to ascertain whether such Plan has been complied with.

X. The Bidder agrees that in the event of cancellation or exit or expiry of the contract it would

extend all necessary support to the Bank or to its selected agency as would be required in the

event of the shifting of the site and shall run system uninterruptedly on the same terms &

conditions till the completion of migration.

Y. In the pursuance of clause (i), Bidder/s to handover all the copies and/or materials including

all the originals whether in tangible and/or intangible form to BANK OF MAHARASHTRA ,

including but not limited to:

Z. Information, data, computer data and its structure related to BANK OF MAHARASHTRA

and/or its customers.

AA. All or any deliverables as covered under the scope of work.

6.35. Publicity

Any publicity by the bidder in which the name of Bank of Maharashtra is to be used should be done

only with the explicit written permission of Bank of Maharashtra.

6.36. Force Majeure

The bidder shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if any to the extent that its delay in performance or other failure to perform its obligations under the contract is the result of an event of Force Majeure. For purposes of this Clause, “Force Majeure” means an event explicitly beyond the control of the Bidder and not involving the bidder’s fault or negligence and not foreseeable. Such events may include, Acts of God or of public enemy, acts of Government of India in their sovereign capacity and acts of war. If a Force Majeure situation arises, the Bidder shall promptly notify the Bank in writing of such conditions and the cause thereof within fifteen calendar days. Unless otherwise directed by the Bank in writing, the Bidder shall continue to perform his 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. In such a case the time for performance shall be extended by a period (s) not less than duration of such delay. If the duration of delay continues beyond a period of three months, the Bank and the bidder shall hold consultations in an endeavour to find a solution to the problem.

Notwithstanding the above, the decision of the Bank shall be final and binding on the Bidder.

6.37. Resolution of Disputes

Bank of Maharashtra and the bidder shall make every effort to resolve amicably, by direct informal

negotiation, any disagreement or dispute arising between them under or in connection with the contract.


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If after thirty days from the commencement of such informal negotiations, Bank of Maharashtra and

the Bidder are unable to resolve amicably a contract dispute; either party may require that the dispute

be referred for resolution by formal arbitration.

All questions, disputes or differences arising under and out of, or in connection with the contract, shall be

referred to two Arbitrators: one Arbitrator to be nominated by Bank of Maharashtra and the other to be

nominated by the Bidder. In the case of the said Arbitrators not agreeing, then the matter will be referred

to an umpire to be appointed by the Arbitrators in writing before proceeding with the reference. The award

of the Arbitrators, and in the event of their not agreeing, the award of the Umpire appointed by them shall

be final and binding on the parties. THE ARBITRATION AND RECONCILIATION ACT 1996

shall apply to the arbitration proceedings and the venue & jurisdiction of the arbitration shall be at Pune.

6.38. Privacy and Security Safeguards

The successful Bidder shall not publish or disclose in any manner, without the Bank's prior written

consent, the details of any security safeguards designed, developed, or implemented by the successful

Bidder under this contract or existing at any Bank location. The successful Bidder shall develop

procedures and implementation plans to ensure that IT resources leaving the control of the assigned

user (such as being reassigned, removed for repair, replaced, or upgraded) are cleared of all Bank data

and sensitive application software. The successful Bidder shall also ensure that all subcontractors

who are involved in providing such security safeguards or part of it shall not publish or disclose in any

manner, without the Bank's prior written consent, the details of any security safeguards designed,

developed, or implemented by the successful Bidder under this contract or existing at any Bank

location.

6.39. Confidentiality

This document contains information confidential and proprietary to BANK OF MAHARASHTRA. Additionally, the Bidder will be exposed by virtue of the contracted activities to internal business information of BANK OF MAHARASHTRA, affiliates, and/or business partners. Disclosure of receipt of any part of the aforementioned information to parties not directly involved in providing the services requested could result in the disqualification of the Bidder, pre-mature termination of the contract, or legal action against the Bidder for breach of trust. The information provided / which will be provided is solely for the purpose of undertaking the services effectively.

No news release, public announcement, or any other reference to this RFP or any program there under

shall be made without written consent of BANK OF MAHARASHTRA. Reproduction of this RFP, by

photographic, electronic, or other means is strictly prohibited.

6.40. Adherence to Terms and Conditions:

The bidders who wish to submit responses to this RFP should note that they should abide by all the terms and conditions contained in the RFP. If the responses contain any extraneous conditions put in by the respondents, such responses may be disqualified and may not be considered for the selection process.


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6.41. Professionalism

The bidder should provide professional, objective and impartial advice at all times and hold the Bank‟ s interest paramount and should observe the highest standard of ethics, values, and code of conduct, honesty and integrity while executing the assignment.

6.42. Execution of SLA/NDA:

The BIDDER and Bank should execute (a) a Service Level Agreement, which would include all the services and terms and conditions of the services to be extended as detailed herein and as may be prescribed by the Bank and (b) Non-disclosure Agreement. The BIDDER should execute the SLA and NDA within one month from the date of acceptance of Letter of Appointment.

6.43. Other Terms and Conditions:

1. Bank reserves the right to :

• Reject any and all responses received in response to the RFP • Waive or Change any formalities, irregularities, or inconsistencies in proposal format delivery • To negotiate any aspect of proposal with any bidder and negotiate with more than one bidder at a

time • Extend the time for submission of all proposals • Share the information/ clarifications provided in response to RFP by any bidder, with any other

bidder(s) /others, in any form. • Cancel the RFP/Tender at any stage, without assigning any reason whatsoever. • Interview the personnel being deployed on the project

2. Substitution of Project Team Members: During the assignment, the substitution of key staff

identified for the assignment will not be allowed unless such substitution becomes unavoidable to overcome the undue delay or that such changes are critical to meet the obligation. In such circumstances, the vendor can do so only with the concurrence of the Bank by providing other staff of same level of qualifications and expertise.

3. Professionalism: The BIDDER should provide professional, objective and impartial advice at all

times and hold the Bank’s interests paramount and should observe the highest standard of ethics while executing the assignment.

4. Adherence to Standards: The BIDDER should adhere to laws of land and rules, regulations and

guidelines prescribed by various regulatory, statutory and Government authorities The bidder should adhere to approved standards in the process and delivered goods. The Bank reserves the right to ascertain information from the other Banks and institutions to which the Bidders have rendered their services for execution of similar projects.

5. The Bank reserves the right to conduct an audit/ongoing audit of the services provided by the Bidder. 6. The Bank reserves the right to ascertain information from the banks and other institutions to which the

bidders have rendered their services for execution of similar projects.


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7. EXPENSES : It may be noted that Bank will not pay any amount/expenses / charges / fees / travelling expenses / boarding expenses / lodging expenses / conveyance expenses / out of pocket expenses other than the “Agreed charges”.

8. The bidder cannot change the people assigned to a particular piece of work till such work is complete unless consented in written by the Bank.

9. The bid should contain the resource planning proposed to be deployed for the project which includes, inter-alia, the number of personnel, skill profile of each personnel, duration etc.

10. The bidder is expected to quote for the prices of the services exclusive of applicable taxes like service tax etc. as on the date of bid submission. The amount of applicable taxes should be given in the commercial as extra. Any upward / downward revision in the tax rates from the date of the bid submission will be to the account of the Bank.

6.44. Terms of Payment

The price bid taken is only indicative and is taken for the purpose of arriving at a TCO for selection of the BIDDER only. For each project depending on the scope of work and effort involved the total cost for each project would be mutually worked out. The per man-day rate quoted in the Commercial Proposal (Annexure B) would be taken as the base for arriving the total cost for each project. The payment terms for each project would also be worked out for each project separately.

6.45. Authorized Signatory

The selected bidder shall indicate the authorized signatories who can discuss and correspond with the bank, with regard to the obligations under the contract. The selected bidder shall submit at the time of signing the contract, a certified copy of the extract of the resolution of their Board, authenticated by Bank Secretary, authorizing an official or officials of the Bank or a Power of Attorney copy to discuss, sign agreements/contracts with the Bank. The bidder shall furnish proof of signature identification for above purposes as required by the Bank.

6.46. Applicable Law and Jurisdiction of Court

The Contract with the selected bidder shall be governed in accordance with the Laws of India for the time being enforced and will be subject to the exclusive jurisdiction of Courts at Pune (with the exclusion of all other Courts).

6.47. No Employer-Employee Relationship

The bidder or any of its holding/subsidiary/joint-venture/ affiliate / group / client companies or any of their employees / officers / staff / personnel / representatives / agents shall not, under any circumstances, be deemed to have any employer-employee relationship with the Bank or any of its employees / officers / staff / representatives / personnel / agents.

6.48. Vicarious Liability:


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The Bidder shall be the principal employer of the employees, agents, contractors, Subcontractors etc., engaged by the Bidder and shall be vicariously liable for all the acts, deeds, matters or things, of such persons whether the same is within the scope of power or outside the scope of power, vested under the contract. No right of any employment in the Bank shall accrue or arise, by virtue of engagement of employees, agents, contractors, subcontractors etc., by the bidder, for any assignment under the contract. All remuneration, claims, wages dues etc., of such employees, agents, contractors, subcontractors etc., of the bidder shall be paid by the bidder alone and the Bank shall not have any direct or indirect liability or obligation, to pay any charges, claims or wages of any of the Bidder’s employees, agents, contractors, subcontractors etc. The bidder shall agree to hold the Bank, its successors, assigns and administrators fully indemnified, and harmless against loss or liability, claims, actions or proceedings, if any, whatsoever nature that may arise or caused to the Bank through the action of Bidder’s employees, agents, contractors, subcontractors etc.

6.49. Intellectual Property Rights:

A. Bidder warrants that the inputs provided shall not infringe upon any third party intellectual property

rights, including copyrights, patents and other intellectual property rights of any nature whatsoever. Bidder warrants that the deliverables shall not infringe upon any third party intellectual property rights, including copyrights, patents and other intellectual property rights of any nature whatsoever.

B. In the event that the Deliverables become the subject of claim of violation or infringement of a third party‟ s intellectual property rights, bidder shall at its choice and expense: [a] procure for Bank the right to continue to use such deliverables; [b] replace or modify such deliverables to make them non-infringing, provided that the same function is performed by the replacement or modified deliverables as the infringing deliverables; or [c] if the rights to use cannot be procured or the deliverables cannot be replaced or modified, accept the return of the deliverables and reimburse bank for any amounts paid to bidder for such deliverables, along with the replacement costs incurred by Bank for procuring an equivalent equipment in addition to the penalties levied by Bank. However, Bank shall not bear any kind of expense, charge, fees or any kind of costs in this regard. Notwithstanding the remedies contained herein, the bidder shall be responsible for payment of penalties in case service levels are not met because of inability of the bank to use the proposed solution.

C. The bidder acknowledges that business logics, work flows, delegation and decision making processes of Bank are of business sensitive nature and shall not be disclosed/referred to other clients, agents or distributors.


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7. PROPOSAL AND OTHER FORMATS

7.1. ANNEXURE A: TECHNICAL PROPOSAL FORMAT:

Particulars to be provided by the bidder in the technical proposal – RFP Reference no. 172017

No

Particulars

Details to be furnished by the bidder

1 Name of the bidder

2

Year of establishment and constitution Certified copy of “Partnership Deed” or “Certificate of Incorporation” should be submitted as the case may be.

3 Location of Registered office / Corporate office and address

4

Mailing address of the bidder

5

Names and designations of the persons authorized to make commitments to the Bank

6

Telephone and fax numbers of contact persons

7

E-mail addresses of contact persons

8

Details of : Description of business and business background Service Profile & client profile Domestic & International presence Alliance and joint ventures

9

Gross Revenue of the bidder (not of the group) Year 2014-15 Year 2015-16 Year 2016-17

10

Net Profit of the bidder (not of the group) Year 2014-15 Year 2015-16 Year 2016-17Documentary proofs are to be enclosed


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No

Particulars

Details to be furnished by the bidder

11 Approach and methodology for the proposed scope of work along with Illustrative deliverables

12

Details of the similar assignments executed by the bidder during the last two years (Name of the Bank, time taken for execution of the assignment and documentary proofs from the Bank are to be furnished)

13

Details of inputs, infrastructure requirements required by the bidder to execute this assignment.

14

Details of the bidder’s proposed methodology/approach for providing services to the Bank with specific reference to the scope of work.

Declaration:

1. We confirm that we will abide by all the terms and conditions contained in the RFP.

2. We hereby unconditionally accept that Bank can at its absolute discretion apply whatever criteria it deems appropriate, not just limiting to those criteria set out in the RFP, in short listing of bidders.

3. All the details mentioned by us are true and correct and if Bank observes any misrepresentation

of facts on any matter at any stage, Bank has the absolute right to reject the proposal and disqualify us from the selection process.

4. We confirm that this response, for the purpose of short-listing, is valid for a period of six months,

from the date of expiry of the last date for submission of response to RFP.

5. We confirm that we have noted the contents of the RFP and have ensured that there is no deviation in filing our response to the RFP and that the Bank will have the right to disqualify us in case of any such deviations.

Place : Date :

Seal & Signature of the bidder


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7.2. ANNEXURE B: COMMERCIAL FORMAT

(Only Commercial Bid to be included in Commercial Bid Envelope) Deputy General Manager Information Technology BANK OF MAHARASHTRA Head Office, Lokmangal, 1501, Shivajinagar, Pune-411005 Dear Sir, Ref: RFP No. 172017 Having examined the Bidding Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, submit our Price Bid for different items in conformity with the said Bidding documents as under: Table-1

Sr.No Activity Make /Model

Qty Monthly Rent (in Rs.)

No of Months

Total Amount

1 PSTN Based 3000 60

2 PSTN Based NFC contact Less 500 60

3 GPRS Based 4000 60

4 GPRS Based Desktop Terminal 1500 60

5 GPRS handheld with contactless 250 60

6 GPRS Based Desktop NFC contact Less

250 60

7 MPoS 250

60

8 MPoS with contactless 250 60

9 Total Of Table-1 T1

Table-2

Sr.No Activity (in Rs.) No of Txn Per Month

No of Months Total Amount

1 Per Transaction Fee 25,00,000 60

T2

Total Cost of Ownership T = T1 + T2 = In Words (Rupees ............................... Only) Note: Service Provider will not recover any charge either from the Merchant or Bank except above.


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Table-3-Optional Item

Bidder also required to quote (quantity 10 nos) cost of each type of terminals in an annexure format for outright purchase by Bank. Bidder to indicate warranty period, amc cost, deployment cost, support cost, any other associated costs, and transaction switching costs for transactions originating from Banks owned equipment. The cost quoted for outright purchase will not be part of TCO.

Format for outright purchase of terminals

Sr. No

Activity Make /Model

Qty Unit

Cost Total Amount 1 PSTN Based 10

2 PSTN Based NFC contact Less 10 3 GPRS Based 10 4 GPRS Based Desktop Terminal 10

5 GPRS handheld with contactless

10

6

GPRS Based Desktop NFC contact Less

10

7 MPoS 10

8 MPoS with contactless 10 9 Total Of Table-3 T3

Note: 1. T3 will not be part of TCO calculations 2. Unit prices quoted above will be with 1 year warranty and bidder to mention other related prices in the below table.

S. No Type of POS Terminal

Make &

Model

Warranty Period

AMC Cost

per annum

Installation Cost-One time

Support Cost- per annum

Other Associated Costs

Transaction Switching Costs-per transaction

Please submit your quote exclusive of service tax and other taxes if any

The prices quoted should hold good for the period of contract and should not be changed for any reason whatsoever. Monthly rent of the POS devices will start from first live transaction date.

Dated :

(Signature) (Name) (In the capacity of) Duly authorized to sign Bid for and on behalf of


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7.3. ANNEXURE C: COMPLIANCE CERTIFICATE

To, Date: The Deputy General Manager IT Department Bank of Maharashtra Head Office, Lokmangal, 1501, Shivajinagar, Pune-411005 Dear Sir, Ref: - RFP No. 172017 for RFP for End-to-End Solution for Merchant Acquiring Business through Supply, installation, maintenance and management of EDC machines and/or POS terminal at on Rental basis 1. Having examined the Tender Documents including all Annexures, the receipt of which

is hereby duly acknowledged, we, the undersigned offer to provide services in conformity with the said Tender Documents and in accordance with our proposal and the schedule of Prices indicated in the Price Bid and made part of this Tender.

2. If our Bid is accepted, we undertake to complete the assignments within the scheduled timelines

3. We confirm that this offer is valid for six months from the last date for submission of Tender Documents to the Bank (RFP closing date).

4. This Bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us.

5. We undertake that in competing for and if the award is made to us, in executing the subject Contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.

6. We agree that the Bank is not bound to accept the lowest or any Bid that the Bank may receive.

7. We have not been barred / black-listed by any regulatory / statutory authority in India,. 8. We shall observe confidentiality of all the information passed on to us in course of the

tendering process and shall not use the information for any other purpose than the current tender.

Signed Dated

Seal & Signature of the bidder

Phone No.: Fax: E-mail:


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7.4. ANNEXURE D: PROPOSED TEAM PROFILE

[Map the Projects here with Proposed Scope]

S.No. Item Details

1. Name of the team leader

2. Contact details of the team leader

3. Overall program/ management team

4. Operations team

5. Size of the team

6. Average age of the team

7. Average duration of association with the bidder

8. Average industry experience

9. Detailed employee retention policies

We hereby acknowledge that the information provided by us is true and to the Best of our Knowledge Place: Date: Seal and signature of the bidder


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7.5. ANNEXURE E : PROFORMA OF LETTER FOR COMPLYING WITH TERMS & CONDITIONS OF RFP

(ON OFFICIAL LETTER-HEAD OF BIDDER).

To Deputy General Manager IT Department, Bank of Maharashtra Information Technology, Head Office, Lokmangal, Shivaji Nagar, Pune – 411005 Sir,

Sub: RFP 172017 - “RFP for End-to-End Solution for Merchant Acquiring Business through Supply, installation, maintenance and management of EDC machines and/or POS terminal at on Rental basis”

Further to our proposal dated DDMMYYYY, in response to the RFP Document (hereinafter referred to as “RFPDOCUMENT”) issued by Bank of Maharashtra (“Bank”) we hereby covenant, warrant and confirm as follows: We hereby agree to comply with all the terms and conditions / stipulations as contained in the RFP DOCUMENT and the related addendums and other documents including the changes made to the original RFP documents issued by the Bank which shall form a valid and binding part of the aforesaid RFP DOCUMENT. The Bank is not bound by any other extraneous matters or deviations, even if mentioned by us elsewhere either in our proposal or any subsequent deviations sought by us, whether orally or in writing, and the Bank’s decision not to accept any such extraneous conditions and deviations will be final and binding on us.

Yours faithfully, Authorized Signatory Designation Bidder’s corporate name


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7.6. ANNEXURE F: PROFORMA FOR THE BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

Guarantee for Payment of Earnest Money/Security Deposit Bank Guarantee no.: Date Period of Bank Guarantee: Valid up to Amount of Bank Guarantee: Rs. To, Bank of Maharashtra, IT Department, 1501, Lokmangal, Shivajinagar, Pune 411005. THIS DEED OF GUARANTEE made at …….. this ………..day of ………….. between Bank of ……………………… a banking company having its office at hereinafter referred to as ‘the Bank’ of the One Part and Bank of Maharashtra a New Bank constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 having its Head Office at ‘Lokmangal’ , 1501 Shivajinagar, Pune 411 005, hereinafter called the Beneficiary, of the other Part. a) Whereas the Beneficiary had invited tenders for RFP for End-to-End Solution for Merchant Acquiring Business through Supply, installation, maintenance and management of EDC machines and/or POS terminal at on Rental basis vide tender No 172017 dated DDMMYYYY. b) One of the terms of the tender is that bidder are required to give a Demand Draft drawn in favour of beneficiary and payable at Pune, (valid for 180 days from the due date of the tender) for Rs.50 Lacs (Rupees FIFTY Lacs Only) as Earnest Money Deposit (EMD) along with their offer. The Beneficiary may accept Bank Guarantee in lieu of EMD for an equivalent amount issued by any Public Sector Bank, valid for 6 months from the date of issue. c) M/s …………………... hereinafter referred to as the said Contractors’ have given their offer in response to tender for RFP for End-to-End Solution for Merchant Acquiring Business through Supply, installation, maintenance and management of EDC machines and/or POS terminal at on Rental basis vide tender No 172017 dated DDMMYYYY to the Beneficiary and the said Contractors are required to deposit the said amount of earnest money (or security deposit) or to furnish bank guarantee. d) At the request of the said M/s.…………………. the Bank has agreed to furnish guarantee for payment of the said amount of earnest money (or security deposit) in the manner hereinafter appearing: NOW THIS DEED WITNESSETH that pursuant to the said tender and in consideration of the premises the Bank doth hereby guarantee to and covenant with the Beneficiary that the Bank shall, whenever called upon by the Beneficiary in writing and without demur and notwithstanding any objection raised by the said Contractor/s, pay to the Beneficiary the said amount of Rs.5 Lacs (Rupees FIVE Lacs Only) payable by the said Contractor/s under the said Contract. AND IT IS AGREED and declared by the bank that the liability of the Bank to pay


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the said amount whenever called upon by the Beneficiary shall be irrevocable and absolute and the Bank will not be entitled to dispute or inquire into whether the Beneficiary has become entitled to forfeit the said amount as earnest money (or as security deposit) under the terms of the said contract or not and entitled to claim the same or not or whether the said contractors have committed any breach of the said contract or not or whether the Beneficiary is entitled to recover any damages from the said contractors for breach of terms thereof or not.

Any such demand made by the Beneficiary shall be binding and conclusive as regards amount due and payable by the Contractor to the Beneficiary. And the Bank undertakes to pay unconditionally on written demand without demur and the claim of beneficiary shall be conclusive and binding as to the amount specified therein.

AND it is further agreed and declared by the Bank that any waiver of any breach of any term of the said contract or any act of forbearance on the part of the Beneficiary or any time given by the Beneficiary to the contractors for carrying out and completing the work under the said contract or any modifications made in the terms and conditions of the said contract or any other act or omission on the part of the Beneficiary which could have in law the effect of discharging a surety, will not discharge the Bank.

AND it is agreed and declared that this guarantee will remain in force until the time fixed in the said contract for completion of the said work or until the expiration of any extended time for such completion and shall be valid for a period of six months from the date hereof i.e. the guarantee shall be valid up to ……

AND it is agreed and declared that this Guarantee will be irrevocable and enforceable even if the contractor’s company goes into liquidation or there is any change in the constitution of the said Company or management of the said Company and shall ensure to the benefit of its successors and assigns and shall be binding on the successors and assigns of the Bank.

Not withstanding anything contained herein: a) The liability of the Bank under this Bank Guarantee shall not exceed Rs.________ ________. (Rupees ____________________________). b) This Bank Guarantee shall be valid up to _____________________. c) Bank is liable to pay guaranteed amount or part thereof under this Bank Guarantee only and only if beneficiary serve upon as a written claim or demand on or before ______________ (date of expiry of the Guarantee). IN WITNESS WHEREOF the Bank has put its seal on the day and year first hereinabove written.

Signed, sealed and delivered by Mr………… For and on behalf of the Guarantor to do so and to affix the seal of the Bank, in the presence of ……….


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7.7. ANNEXURE G: FORMAT OF TENDER OFFER COVERING LETTER

Date: ____________________________________2016

Tender Reference No. 172017

To:

Having examined the tender documents including all annexure the receipt of which is hereby

duly acknowledged, we, the undersigned, offer to provide services to Bank as mentioned in

scope of work in conformity with the said tender documents in accordance with the

Commercials and made part of this tender.

We understand that the RFP provides generic specifications about all the items and it has not

been prepared by keeping in view any specific bidder.

If our tender offer is accepted, we will obtain the guarantee of a bank for a sum equal to 10% of

the Contract Price for the due performance of the Contract.

We agree to abide by this tender offer till 180 days from the date of tender opening and our offer

shall remain binding upon us and may be accepted by the Bank any time before the

expiration of that period.

Until a formal contract is prepared and executed, this tender offer, together with the Bank’s

written acceptance thereof and the Bank’s notification of award, shall constitute a binding contract

between us.

We understand that the Bank is not bound to accept the lowest or any offer the Bank may

receive.

Dated this __________________day of __________2016

Signature: __________________________________

(In the Capacity of :) ________________________________ duly authorized to sign the tender offer for and on behalf of


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7.8. ANNEXURE H: CHECK LIST OF DOCUMENTS TO BE SUBMITTED

1) Technical Bid (Annexure A) with Covering Letter (Annexure G) 2) Team Profile (Annexure D) 3) Masked Commercial offer (Annexure B) 4) Compliance Certificate (Annexure C) 5) Compliance of Terms and Conditions, Services and Facilities (Annexure E) 6) EMD BG/ DD (Annexure F) 7) Integrity Pact (Annexure I)


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1.1. ANNEXURE I: INTEGRITY PACT

(to be executed on RS 500 Stamp Paper) PRE CONTRACT INTEGRITY PACT

General: This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on _____ day of month of _________ 2016, between on one hand, Bank of Maharashtra through authorized official Shri. _______________________________, General Manager, Information Technology Department, Bank of Maharashtra (hereinafter called the “BUYER”, which expression shall mean and include unless the context otherwise required, his successors in office and assigns) of the First Part and M/s__________________ represented by Shri. ___________________ Chief Executive Officer (herein called the “BIDDER/Seller” which expression shall mean and include unless the context otherwise requires his successors and permitted assigns) of the Second Part. WHEREAS the BUYER proposes to procure (Name of the Stores/Equipments/Item) and the BIDDER/Seller is willing to offer/has offered the stores and WHEREAS the BIDDER is a private company/public company/Government undertaking/partnership/registered export agency/LLP, constituted in accordance with the relevant law in the matter and the BUYER is an Information Technology Department of Bank of Maharashtra NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair transparent and free from any influence/ prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:- Enabling the BUYER to obtain the desired said services at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the BUYER will commit to prevent corruption, in any form by its officials by following transparent procedures. The parties hereto herby agree to enter into this Integrity Pact and agree as follows:

Commitments of the BUYER:


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1.1. The BUYER undertakes that no officials of the BUYER, connected directly or indirectly with contract will demand, take a promise for or accept directly or through intermediaries any bribe, consideration gift reward favor or any material or immaterial benefit or any other advantage from the Bidders either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation contracting or implementation process related to the contract.

1.2. The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will

provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage that particular BIDDER in comparison to other BIDDERs.

1.3. All the officials of the BUYER will report to the appropriate Government office any

attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by

the BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary disciplinary proceedings or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the BUYER the proceedings under the contract would not be stalled.

COMMITMENTS of BIDDERs

3. The BIDDER commits itself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:- 3.1. The BIDDER will not offer, directly or through intermediaries, any bribe gift

consideration reward favor, any material or immaterial benefit or other advantage, commission fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with bidding process, or to any person organization or third party related to the contract in exchange for any advantages in the bidding, evaluation contracting and implementation of the contract.

3.2. The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material benefit or other advantage commission fees brokerage or inducement to any officials of the BUYER or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or


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forbearing to show favor or disfavor to any person in relation to the contract or any other contract with Government.

3.3. BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.

3.4. BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, In connection with bid/contract.

3.5. The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufacturer/integrator and not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER or any of its functionaries whether officially or unofficially to the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual firm or company in respect of any such intercession facilitation or recommendation.

3.6. The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract shall disclose any payments he has made is committed to or intends to make to officials of the BUYER or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.

3.7. The BIDDER will not collude with other parties interested in the contract impair the transparency fairness and progress of the bidding process, bid evaluation contracting and implementation of the contract.

3.8. The BIDDER will not accept any advantage in exchange for any corrupt practice unfair means and illegal activities.

3.9. The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others any information provided by the BUYER as part of business relationship, regarding plans, technical proposals and business details including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.

3.10. The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.

3.11. The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.

3.12. If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER either directly or indirectly, is a relative of any of the officers of the BUYER, or alternatively, if any relative of an officer of the BUYER has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filing of tender.

The term ‘relative; for this purpose would be as defined in Section 6 of the Companies Act 1956

3.13. The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the BUYER.


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4. Previous Transgression

4.1. The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process.

4.2. The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

5. Earnest Money (Security Deposit) 5.1. While submitting commercial bid, the BIDDER shall deposit an amount ______

(to be specified in RFP) as Earnest Money Deposit/ Security Deposit, with the BUYER through any of the following instruments:

5.1.1. Bank Draft or Pay Order in Favor of Bank of Maharashtra IT Department 5.1.2. A Confirmed guarantee by an Indian Nationalized Bank, promising payment

of the guaranteed sum to the BUYER on demand within three working days without any demure whatsoever and without seeking any reason whatsoever. The demand for payment by the BUYER shall be treated as conclusive proof of payment.

5.1.3. Any other mode or through any other instrument (to be specified in the RFP) 5.2. The Earnest Money/Security Deposit shall be valid up to a period of five years or

the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the BUYER, including warranty period, whichever is later.

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 decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

5.4. No interest shall be payable by the BUYER to the BIDDER in Earnest

Money/Security Deposit for the period of its currency.

6. Sanctions for Violations: 6.1. Any breach of the aforesaid provisions by the BIDDER or any one employed by

its or action on its behalf (Whether with or without the knowledge of the BIDDER) shall entitled the BUYER to take all or any one of the following actions, wherever required :-

6.1.1. To immediately call of the pre contract negotiations without assigning any

reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.


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6.1.2. The Earnest Money Deposit (in pre-contract stage) and /or Security Deposit / Performance Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the BUYER and the BUYER shall not be required to assigning any reason therefore.

6.1.3. To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.

6.1.4. To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the Buyer in connection with any other contract for any other project such outstanding payment could also be utilized to recover the aforesaid sum and interest.

6.1.5. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the BUYER, along with interest.

6.1.6. To cancel all or any other Contracts with the Bidder. The Bidder shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the Bidder.

6.1.7. To debar the BIDDER from participating in future bidding processes of the Bank for a minimum period of five years, which may be further extended at the discretion of the BUYER.

6.1.8. To recover all sums paid in violation of this Pact by Bidder(s) to any middleman or agent or broker with a view to securing the contract.

6.1.9. In cases where irrevocable letter of credit have been received in respect of any contract signed by the BUYER with the BIDDER, the same shall not be opened

6.1.10. Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanctions for violation of this Pact.

7. Fail Clause:

7.1. The Bidder undertakes that it has not supplied / is not supplying similar

products/systems or subsystems/ services at a price lower than that offered in the present bid in respect of any other Ministry/department of the Government of India or PSU and if it is found at any stage that similar products/systems or sub systems was supplied by the Bidder to any other Ministry/Department of Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

8. Independent Monitors:


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8.1. The BUYER has appointed Independent Monitors (hereinafter referred to as Monitors) for this Pact in consultation with the Central Vigilance Commission (Names and Address of the Monitors to be given).

8.2. The task of the Monitors shall be to review independently and objectively whether and to what extent the parties comply with the obligations under this Pact.

8.3. The Monitors shall not be subject to instructions by the representatives of the parties and performs their functions neutrally and independently.

8.4. Both the parties accept that the Monitors have the right to access all the documents relating to the project/procurement, including minutes of meetings.

8.5. As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the BUYER.

8.6. The BIDDER(s) accepts that the Monitors has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor upon his request and demonstration of a valid interest, unrestricted and unconditional access to his pocket documentation. The same is applicable to subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/subcontract(s) with confidentiality.

8.7. The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.

8.8. The Monitor will submit a written report to the designated Authority of BUYER/Secretary in the Department/within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/BIDDER and, should the occasion arise, submit proposals for correction problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of an provisions of this Pact or payment of commission the BYUER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination. 10. Law and Place of Jurisdiction This pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER 11. Other Legal Actions: The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 12. Validity:

12.1. The validity of this Integrity Pact shall be from date of its signing and extend

up to 5 years or the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/Seller, including warranty period whichever is later,


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in case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.

12.2. Should one or several provisions of this pact turn out to be invalid; the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.

13. The parties herby sign this Integrity Pact at ______________ on ________________

BUYER

Name of the Officer:

Designation:

IT Department

Bank of Maharashtra

(Office Seal)

Place _____________________

Date _____________________

Witness:

1 ___________________________

(Name & Address) : ____________

2 ___________________________

(Name & Address) : ____________

BIDDER

CHIEF EXECUTIVE OFFICER

(Office Seal)

Witness:

1 ___________________________

(Name & Address) : ____________

2 ___________________________

(Name & Address) : ____________


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1.2. Annexure J: Guidelines, Terms & Conditions and Process Flow For E-Procurement Auction

Introduction: Bank of Maharashtra intends to use E procurement Auction (Reverse Auction) process in place of submission of commercial bids of RFP. This annexure consists of rules for E Procurement Auction, Terms and conditions and Formats for submission of acceptance by the bidders.

1. Rules for E Procurement Auction (Reverse Auction):

a. APPLICABILITY:

i. Reverse Auctions are carried out under the framework of rules that are called Rules for Reverse Auction.

ii. All bidders participating in Reverse Auction shall understand/ accept and give an undertaking for compliance with the same to the Bank in the prescribed format as specified in Format-j01.

iii. Any bidder not willing to submit such an undertaking shall be disqualified for further participation respecting the procurement in question.

b. ELIGIBILITY:

Only bidders who are technically qualified and who submit the prescribed undertaking to the Bank alone can participate in Reverse Auction relevant to the procurement for which RFP is floated.

c. COMPLIANCE/ CONFIRMATION FROM BIDDERS:

i. The bidders participating in Reverse Auction shall submit the following duly signed by the Competent Authority who signs the offer documents in response to the RFP:

1. Acceptance of Rules for Reverse Auction and undertaking as per format

in Format-J01. 2. Agreement between System Integrator and bidder. (This format will be

given by the System Integrator prior to announcement of Reverse Auction.)

3. Letter of authority authorizing the name/s of official/s to take part in Reverse Auction.

d. TRAINING:

i. The Bank will facilitate training for participation in Reverse Auction through the System Integrator for the Reverse Auction. During the training the Bidders shall be explained the rules related to the Reverse Auction to be adopted. Bidders are required to give compliance on it before the start of bid process.

ii. Wherever necessary, the Bank / System Integrator may also conduct a ‘mock reverse auction’ to familiarize the bidders with Reverse Auction process.


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iii. Any bidder/bidder not participating in training and/or ‘mock reverse auction’ shall do so at his own risk and it shall not be open for him to make any complaint/grievance later.

iv. Each bidder / bidder shall participate in the training at his / their own cost.

e. DATE/ TIME FOR TRAINING:

i. The Venue, Date, Time etc. for training in Reverse Auction shall be informed later.

ii. No request for postponement / fixing of Training Date / Time shall be entertained which in the sole view and discretion of the Bank might result in any avoidable

delay to either the Reverse Auction or the whole process of selection of bidder.

f. DATE/ TIME OF REVERSE AUCTION:

i. The Date and Time of commencement of Reverse Auction as also Duration of ‘Reverse Auction Time’ shall be communicated at least 7 working Days prior to such auction Date.

ii. Any force Majeure or other condition leading to postponement of auction shall entitle the Bank to postponement of auction even after communication, but, the Bank shall be obliged to communicate to all participating bidders the ‘postponement’ prior to commencement of such ‘Reverse Auction’.

g. CONDUCT OF REVERSE AUCTION:

i. The Reverse Auction shall be conducted on a specific web portal meant for this purpose.

ii. The Reverse Auction may be conducted by the Bank itself or through a System Integrator specifically identified/ appointed/ empaneled by the Bank.

h. PROXY BID:

i. A proxy bid is one where bidder can submit the lowest bid amount by him in strict confidence to the system directly. This obviates the need for him participating in the bidding process until the proxy bid amount is decrementally reached by other bidders.

ii. When proxy bid amount is reached, the bidder has an option to revise the proxy bid amount or he can prefer to start participating in bidding process.

iii. Since it is an English auction with no ties, two bidders submitting identical proxy bid amount and succeeding in auction simultaneously does not arise.

iv. During training, the issue of proxy bidding will be clarified in detail by the System Integrator.

i. TRANSPARENCY IN BIDS:

i. All bidders will be able to view during the auction time the current lowest price in portal. Bidder shall be able to view not only the lowest bid but also the last bid made by him at any point of time during the auction time.

j. MASKING OF NAMES:

i. Names of bidders shall be masked in the Reverse Auction process and bidders will be given dummy names.


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k. START PRICE:

i. Bidders will fill the unit cost of the line items mentioned in Commercial Format of RFP before the start of the bidding time as mentioned in clause no. f of this document. Once the bidding time starts the system will show the total value as per Commercial Format of RFP. This total value is taken as the start price of the bidding process.

l. DECREMENTAL BID VALUE

i. The bidders shall be able to bid only at a specified decrement value and not at any other fractions. The Bid decrement value shall be Visible on Screen during reverse auction

ii. The bid decrement shall be in multiples of Bid decrement value

iii. The web portal shall display the next possible decremental value of bid. It is not, however, obligatory on the part of bidders to bid at the next immediate lower level only. (That is, bids can be even at 2 or 3 lower levels than the immediate lower level).

iv. Decremental value will be appropriated across the line items of Commercial Format of RFP proportionately by the system.

m. REVERSE AUCTION PROCESS:

i. The procurement process shall be completed through a single Reverse Auction.

ii. The Bank shall however, be entitled to cancel the procurement of Reverse Auction process, if in its view procurement or reverse auction process cannot be conducted in a fair manner and / or in the interest of the Bank.

iii. The successful bidder shall submit a confirmation of acceptance of the last bid price of auction within 30 minutes of closing of the auction to Bank either through Fax or E-Mail. The successful bidder has to submit the final bill of material as per Commercial Format of RFP duly signed by the authorized official to Bank within 2 hours of close of auction by mail / fax.

iv. In the event of circumstances like no power supply, system problem, loss of internet connectivity, inability to use the system, loss of electronic information, power interruptions, UPS failure, etc., the bidder has to ensure that they are able to convey their bidding price to the System Integrator by way of FAX, who will upload the Faxed price online on behalf of the bidder and confirm the receipt of FAX to the System Integrator. This shall be done before the closure of bid time. The bidder has to ensure that the sufficient time is given to the System Integrator to upload the faxed prices online. In case the required time is not available with the System Integrator at the time of receipt of fax message, the System Integrator will not be uploading the prices. It is thus requested from the bidders not to wait till the last moment to quote their bids so as to avoid any such complex situation.

n. EXPENDITURE ON REVERSE AUCTION:

i. All eligible bidders are requested to ensure that they have a valid digital certificate well in advance to participate in the Reverse auction process. The cost of digital certificate has to be borne by the bidder only.


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ii. Bidders shall participate in the training or mock auction at their own cost.

o. CHANGES IN BUSINESS RULES:

i. Any changes made in Rules for Reverse Auction shall be uploaded on the Website of Bank and will be informed to the eligible bidders before commencement of Reverse Auction.

p. OTHER INSTRUCTIONS:

i. No bidder shall involve himself / itself or any of his / its representatives in any price manipulation directly or indirectly with other bidders. If any such practice comes to the notice, Bank shall disqualify the bidder / bidders concerned from the reverse auction process.

ii. Bidder shall not disclose details of his bids or any other details concerning Reverse Auction process of the Bank to any other third party without specific permission in writing from the Bank.

iii. Neither Bank nor System Integrator can be held responsible for consequential damages such as no power supply, system problem, inability to use the system, loss of electronic information, power interruptions, UPS failure, etc.

q. ERRORS AND OMISSIONS:

i. On any issue or area of material concern respecting Reverse Auction not specifically dealt with in these Business Rules, the decision of the Bank shall be final and binding on all concerned.

2. Terms and conditions of Reverse Auction:

a. Each bidder will get a unique User Id and Password and bidders are requested to

change the Password after the receipt of initial Password from the System

Integrator. All bids made from the User ID given to the bidder will be deemed to

have been made by the bidder.

b. The auction type is English Reverse No Ties.

c. The duration of Auction will be of 30 minutes. If some bidder is bidding during the

last 5 minutes of Auction closing, the Auction time will get extended for another 5

minutes from the time of the last accepted bid. Such extension will be allowed to

continue till no bid is placed within 5 minutes of the last quote of such extended

time. Total number of the extensions is restricted to maximum 10.

d. Auto-bid feature will be enabled from the start time of bidding. This feature will be

explained during training to the bidders.

e. Bank of Maharashtra reserves the right to reject any or all the bids without

assigning any reason whatsoever.

f. There shall be no variation between the on-line bid value and signed document to

be submitted by the L1 bidder.

g. Bidding will be conducted in Indian Rupees (INR).


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h. The bidder has to quote the total cost of items mentioned in Commercial Format

(summary) of RFP (Line items). Bank will arrive at TCO as per the format

mentioned in the Commercial Format (summary) after closure of bidding.

i. The TCO arrived by the Bank after closure of reverse auction is final and shall be

accepted by the L1 bidder.

j. The bids (Commercials) shall be firm for a period as specified in RFP and shall not

be subjected to any change whatsoever.

k. Bidder has to submit acceptance to the terms and conditions of Reverse Auction

and required compliance and other formats as mentioned in this document along

with technical bids.

l. Bidder is not required to submit commercial bids in hard copy in a separate cover

as mentioned in RFP, as Bank has decided to adopt Reverse Auction process for

finalization of the bidder for placing the order.

m. Only those bidders who are technically qualified and competent to provide the

required solution as per RFP are only eligible to participate in Reverse Auction

Process.

n. All eligible bidders are requested to ensure that they have a valid digital certificate

well in advance to participate in the Reverse auction process.

o. All other terms and conditions of the RFP no. remain unchanged.


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FORMAT J01 - COMPLIANCE AGREEMENT

We communicate our unconditional acceptance to the following terms and conditions of RFP 172017for participating in the E Procurement Auction (Reverse Auction): 1. We acknowledge that we have received, read, understood and agreed to all terms (including

payment terms) in the Tender Document no. _______ for ________________________ in connection with the reverse auction event held by BANK OF MAHARASHTRA & to be conducted by ______________________.

2. We agree that we cannot change Price or Quantity or Quality or Delivery terms or Technology & Service levels (or any other terms that impact the price) post the bid event without prior consent of BANK OF MAHARASHTRA.

3. We agree that we are deemed to have accepted the auction rules on participation at the bid event. BANK OF MAHARASHTRA will make every effort to make the bid process transparent. However, the award decision by BANK OF MAHARASHTRA would be final and binding on us.

4. It has brought to our attention that the bid event will be primarily only for price discovery. We have communicated our acceptance to the terms and conditions of RFP.

5. We agree not to divulge either our bids or those of other suppliers to any other external party. 6. We agree to non-disclosure of trade information regarding the purchase, part specifications,

and identity of BANK OF MAHARASHTRA, bid process, bid technology, bid documentation and bid details. BANK OF MAHARASHTRA TENDER documents remain the property of BANK OF MAHARASHTRA and all suppliers are required to return these documents to BANK OF MAHARASHTRA upon request.

7. Inability to bid due to telephone line glitch, Internet response issues, software or hardware hangs will not be the responsibility of ___________or BANK OF MAHARASHTRA. However every effort will be made to ensure availability of technology resources to enable continuous bidding.

8. __________ does not take responsibility beyond the bid event. Order finalization and post order activities such as shipment, payment, warranty etc would be transacted directly between us and BANK OF MAHARASHTRA.

9. BANK OF MAHARASHTRA’s decision will be final and binding on us and would be based on Strategic Sourcing Evaluation, Current Service Performance, Online Auction Results and Actual Compliance of Agreed Specifications. However, Auction result is a critical factor in the decision-making process.

10. Our participation in a bid event is by invitation from BANK OF MAHARASHTRA. Any other suppliers, including those registered on _________ do not automatically qualify for participation.

11. Pseudonyms (aliases) will be assigned to respective suppliers just before the commencement of the bid event. These are not to be disclosed before, during or after the bid event.

12. Splitting of the award decision over a number of suppliers or parts or over time (as in the case of staggered deliveries) will be at BANK OF MAHARASHTRA’s discretion.

13. Bids once made cannot be withdrawn or modified under any circumstances. Only blatant typing errors would be withdrawn from bid by _______ in consultation with BANK OF MAHARASHTRA. The decision of BANK OF MAHARASHTRA would be final and binding on all bidders.

14. BANK OF MAHARASHTRA has the right to decide to extend, reschedule, cancel or re-open the auction.

15. We shall indemnify and hold ___________ , its subsidiaries, its successors and assigns, officers, employees and agents harmless from any direct or indirect loss or damage and or


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claims for personal injury or property damage caused by any manufacturing defect in the Products or by our negligent or fraudulent act, omission or willful misconduct or breach of any term of this Agreement.

16. ___________ , any of its related companies, any of its owners, employees or other representatives will not be liable for damages arising out of or in connection with the use of the website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages and claims of third parties.

17. ___________ does not guarantee continuous, uninterrupted or secure access to its services, and operation of the site may be interfered with by numerous factors outside of ___________ ’s control.

18. Please note that BANK OF MAHARASHTRA may consider debarring a supplier in the event the supplier violates terms and conditions mentioned in this compliance agreement.

19. We have read the BANK OF MAHARASHTRA technical specifications & drawings for various products in detail & have agreed to comply with Quality, Technology & Service expectations.

20. Product specifications offered in technical bid will remain unchanged. No diversification / substitution of products will be entertained.

We agree to have read and understood the Compliance Agreement in its entirety and agree to abide by this Statement. Name: Stamp: Designation: Place: Date: Organization: Signature


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APPENDIX

1.1. Appendix 1- Format A01: Format for Specific Queries Related To RFP 172017

Query format for Pre-Bid Queries: Specific queries related to RFP 172017 Document

RFP 172017 Bidder’s Name:

Sr.No Page #

Section #

Main Section Name

Clarification Point as stated in the RFP 172017 document

Comment/Suggestion/Deviation

1

2

3

4

1.2. Appendix1 – Format A02: Format for General Queries Not Related to RFP 172017

Query format for Pre-Bid Queries: General queries NOT related to RFP 172017 Document

RFP 172017 Bidder’s Name:

Sr.No General Query Related to RFP 172017

Comment/Suggestion/Deviation

1

2

3

4

End of Document

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