Responses to the Queries: RFP SBI/GITC/MAB IT OPS/2017 ...€¦ · Responses to the Queries: RFP...

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Page 1 of 24 Responses to the Queries: RFP SBI/GITC/MAB IT OPS/2017/2018/434 Sr. No Page no Clause No. RFP Clause Queries / Suggestions Bank Response 1 24 33 For breach of any obligation mentioned in this RFP, subject to obligations mentioned in this clause, in no event Service Provider shall be liable for damages to the Bank arising under or in connection with this Agreement for an amount exceeding the total Cost of the Project. Service provider will ensure Bank’s data confidentiality and shall be responsible for liability arising in case of breach of any kind of security and/or leakage of confidential customer/Bank’s related information to the extent of loss so caused. For breach of any obligation mentioned in this RFP, subject to obligations mentioned in this clause, in no event Service Provider shall be liable for damages to the Bank arising under or in connection with this Agreement for an amount exceeding the annual cost of the Project. Service provider will ensure Bank’s data confidentiality and shall be responsible for liability arising in case of breach of any kind of security and/or leakage of confidential customer/Bank’s related information to the extent of loss so caused. As per RFP 2 32 45 The Bank, by written notice of not less than 90 (ninety) days sent to the Vendor, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Bank’s convenience, the extent to which performance of the Vendor under the Contract is terminated, and the date upon which such termination becomes effective. We request the Bank to only allow termination in case of default and shall not happen on convenience. As per RFP

Transcript of Responses to the Queries: RFP SBI/GITC/MAB IT OPS/2017 ...€¦ · Responses to the Queries: RFP...

Page 1: Responses to the Queries: RFP SBI/GITC/MAB IT OPS/2017 ...€¦ · Responses to the Queries: RFP SBI/GITC/MAB IT OPS/2017/2018/434 Sr. No Page no Clause No. RFP Clause Queries / Suggestions

Page 1 of 24

Responses to the Queries: RFP SBI/GITC/MAB IT OPS/2017/2018/434

Sr. No Page no Clause No. RFP Clause Queries / Suggestions Bank Response

1 24 33 For breach of any obligation mentioned

in this RFP, subject to obligations

mentioned in this clause, in no event

Service Provider shall be liable for

damages to the Bank arising under or in

connection with this Agreement for an

amount exceeding the total Cost of the

Project. Service provider will ensure

Bank’s data confidentiality and shall be

responsible for liability arising in case of

breach of any kind of security and/or

leakage of confidential customer/Bank’s

related information to the extent of loss

so caused.

For breach of any obligation mentioned

in this RFP, subject to obligations

mentioned in this clause, in no event

Service Provider shall be liable for

damages to the Bank arising under or in

connection with this Agreement for an

amount exceeding the annual cost of the

Project. Service provider will ensure

Bank’s data confidentiality and shall be

responsible for liability arising in case of

breach of any kind of security and/or

leakage of confidential customer/Bank’s

related information to the extent of loss

so caused.

As per RFP

2 32 45 The Bank, by written notice of not less

than 90 (ninety) days sent to the Vendor,

may terminate the Contract, in whole or

in part, at any time for its convenience.

The notice of termination shall specify

that termination is for the Bank’s

convenience, the extent to which

performance of the Vendor under the

Contract is terminated, and the date upon

which such termination becomes

effective.

We request the Bank to only allow

termination in case of default and shall

not happen on convenience.

As per RFP

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3 36 16 Liquidated damages -15% of the

previous month’s bill. This would be in

addition to other penalties detailed

elsewhere.

We request the Bank to limit Liquidated

damages to 5% of the previous month’s

bill.

As per RFP

4 73 5.3 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

we request Bank to kindly amended the

clause within Integrity pact to ensure due

process is followed and opportunity of

being heard is given.

As per RFP

5 76 9 Buyer or its agencies shall be entitled to

examine all the documents including the

Books of Accounts of the Bidder

We request Audit to be restricted to

project related documentation

It would be restricted to

documentation / books

related to this project

only

6 48 "Standard

Services-(a)" of

Responsibilities of

service providers

of Scope of

Work(Annexure-

E)

a) Supply of exclusive data services SIM

cards on receipt of purchase order from

the Bank. The SIMs will be delivered at

place(s) / location(s) as agreed upon.

Whether The SIMs will be delivered at

central Mumbai location or at actual POS

installation location.

Kindly clarify.

They will be delivered

at hubs and sub hubs of

our service providers

and not POS

installation location

7 48 "Standard

Services-(d)" of

Responsibilities of

service providers

of Scope of

Work(Annexure-

E)

d) To ensure that the SIMs supplied to the

Bank under this procurement do not

support normal SMS, voice calls,

international roaming and other internet

services (other than what they are

intended for).

Whether the white listing may be done at

your equipment and which applications

will be accessed from POS.

Kindly clarify.

It will be Bidder's

responsibility

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8 48 "Standard

Services-(e)" of

Responsibilities of

service providers

of Scope of

Work(Annexure-

E)

e) Development / Establishment of

Interface between telecom hub / data

centre and Bank’s service provider’s hub

/ data centre and vice versa

Whether P2P/MPLS-VPN/ILL

connectivity will be required at your

HUB location and share the addresses of

HUB/DC to check the feasibility.

MPLS-VPN

connectivity will be

required from bidder's

hub to bank's partner

DC. The addresses of

the DC are as under

(they may change in

future) 1. Worldline

India Pvt. Ltd.

(Primary

Datacenter),C/o GPX

India Pvt. Ltd, Unit

A001,

Boomerang,Chandivali

Farm Road, Near

Chandivali

Studio,Andheri (East),

Mumbai - 400072,

Maharashtra, INDIA.

2. Worldline India Pvt.

Ltd. (DR Site

Datacenter),C/o Nxtra

Data Ltd, Plot No. 111

& 112, Road No.

07,Phase-1,

Whitefield, Bengaluru

- 560066, Karnataka,

INDIA 3. Hitachi

Payments PVT LTD,

Server Hall No.1, IDC-

4,Near Gate No. 01,

DAKC,

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Koparkhairne,Opp.

Koparkhairne Railway

Station,Navi Mumbai –

400709 (Maharashtra)

4. Hitachi payments ,

Sify Technologies

Limited, II Floor, Tidel

Park, No.4, Canal

Bank Road, Taramani,

Chennai - 600 113.

9 48 "Standard

Services-(f)" of

Responsibilities of

service providers

of Scope of

Work(Annexure-

E)

f) Availability of required speed in the

network so that transactions do not get

timed out at terminal level.

It is requested to share the minimum

required speed.

Bidder to ensure the

required network speed

so that transactions at

our terminals do not get

timed out.

10 42 Sr. No.3 of

Bidder’s

Eligibility Criteria

(Annexure-B)

3. The Bidder should have profit before

Depriciation, Intreset and taxes ( PBDIT)

in at least 03 out of last 04 financial years

( FY 2012-13 to 2015-16).

It is requested to exempted this clause for

BSNL as of being 100% Govt. owned

PSU.

As per RFP

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11 42 Sr. No.4 of

Bidder’s

Eligibility Criteria

(Annexure-B)

4. Bidder should have experience of at

least 06 months in providing the Services

to at least one scheduled commercial

bank / entity engaged in Merchant

Acquiring Business in India and total

numbers of SIMs managed for Merchant

Acquiring Services should be in excess

of 10000 (Ten Thousand) in India.

It is requested to exempted this clause for

BSNL as of being 100% Govt. owned

PSU.

These type of services has been provided

to one of our customer who is further

extending this services with/without POS

machines to multiple customers.

Hence, experience certificate for 450

total SIM connections may be considered

for more than 06 months to multiple

customers.

Kindly confirm.

As per RFP

12 43 Sr. No.5 of

Bidder’s

Eligibility Criteria

(Annexure-B)

5. Client references and contact details

(email/ landline/ mobile)of customers for

whom the Bidder has executed similar

projects.(Start and End Date of the

Project to be mentioned) in the past (At

least 02 client references are required)

One client reference can be submitted.

Kindly consider for BSNL as of being

100% Govt. owned PSU.

As per RFP

13 43 Sr. No.6 of

Bidder’s

Eligibility Criteria

(Annexure-B)

6. DR Arrangements & support

infrastructure.

Whether, it is regarding bidder's DR or

customer's and share the DR address.

Please clarify.

Bidders DR (Disaster

Recovery)

14 45 Sr. No.2 of

Technical &

Functional

Specifications

(Annexure-C)

2 Availability of necessary secured

network / dedicated lines / infrastructure

for onward transmission of the data

received from terminal from Bidder’s

hub to Bank’s partners (presently M/s

Atos Worldline and M/s Hitachi

Payments Services Pvt Ltd) hub / data

centre and vice versa. However, Bank

Please share the location addresses of

Bank’s partners (M/s Atos Worldline and

M/s Hitachi Payments Services Pvt Ltd)

hub / data centre.

1. Worldline India Pvt.

Ltd. (Primary

Datacenter),C/o GPX

India Pvt. Ltd, Unit

A001,

Boomerang,Chandivali

Farm Road, Near

Chandivali

Studio,Andheri (East),

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reserves its right to go in for new partners

in future)

Mumbai - 400072,

aharashtra, INDIA. 2.

Worldline India Pvt.

Ltd. (DR Site

Datacenter),C/o Nxtra

Data Ltd, Plot No. 111

& 112, Road No.

07,Phase-1,

Whitefield, Bengaluru

- 560066, Karnataka,

INDIA 3. Hitachi

Payments PVT LTD,

Server Hall No.1, IDC-

4,Near Gate No. 01,

DAKC,

Koparkhairne,Opp.

Koparkhairne Railway

Station,Navi Mumbai –

400709 (Maharashtra)

4. Hitachi payments ,

Sify Technologies

Limited, II Floor, Tidel

Park, No.4, Canal

Bank Road, Taramani,

Chennai - 600 113

15 46 Sr. No.4 of

Technical &

Functional

Specifications

(Annexure-C)

5 Availability of tested DR setup Kindly elaborate. Bidder should have a

tested DR as standby to

main site.

16 Payment terms Kindly confirm the payment cycle. Monthly

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17 Technical If the solution provided via VPN network

then the authentication of SIMs will be

based on UserName & Password. Kindly

confirm such type of feature in your POS

machine.

IP, Port & APN of the

SIM provider are

configured in the POS

terminal. User Name &

Passwords are

maintained at SIM

provider end.

18 Technical Whether the separate APN is required for

Bank's POS connectivity.

APN with MPLS

connectivity would be

required.

19 9 Sr. No. 9-(i) of

Earnest Money

Deposit

The Bidder shall furnish EMD for the

amount and validity period mentioned in

Part II of this document.

Kindly exempt to submit the EMD of

amount Rs.10,00,000/- (Rs Ten Lacs

Only) for BSNL as of being 100% Govt.

owned PSU.

As per RFP

20 36 Sr. No.6 of

SCHEDULE OF

EVENTS

Last date and time for Bid submission -

15:00 hrs (time) on 16/11/2017.

Kindly extended the bid submission date

by 4 weeks i.e. 14-12-2017.

Refer corrigendum

21 49 "Sr. No. 2-j0

Responsibilities of

service providers"

of Scope of

Work(Annexure-

E)

Ensure adequacy of Bandwidth and

provision for appropriate scalability of

switching services.

Whether the router/switch/hardware will

also be required to be provided by

bidders at your HUB/DC locations.

Yes

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22 51 "Sr. No. 9 -

Compliance with

Bank's IS Security

policy" of Scope

of

Work(Annexure-

E)

a) Responsibilities for data and

application privacy and confidentiality

b) Responsibilities on system and

software access control and

administration

c) Custodial responsibilities for data,

software, hardware and other assets of

the Bank being managed by or assigned

to the Vendor

d) Physical Security of the facilities

e) Physical and logical separation from

other customers of the Vendor

f) Incident response and reporting

procedures

g) Password Policy of the Bank

h) Data Encryption/Protection

requirement of the Bank

These points related to Bank's IS

Security policy.

These relates to

Bidders as well

23 37 EMD amount EMD Can we resubmit the EMD submitted

during the last scrapped RFP as there is

not much timeline gap.

In case of Demand

draft / Banker's

Cheque, the instrument

should be valid for at

least 25 days from the

date of bid submission.

In case of Bank

Guarantee, It should be

valid for a period of

180 days.

24 77 Common seal Common seal for integrity pact We request you to relax the common seal

in the integrity pact.

As per RFP

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25 19 and

20

21 AND 22 No Waiver of Bank Rights or Successful

Bidder's Liability And Contract

Amendments

It is suggested that any alterations made

by the Bank in the Scope of Work shall

be deemed acceptable to the extent such

alteration does not invoke unreasonable

costs that render the Bidder to fulfil the

obligations to a nullity or is beyond the

capacity of the bidder where such

capacity is due to Licenses and

permissions granted to bidder restricted

and regulated by Governmental

Agencies. In case of such unreasonable

alterations, the bidder shall not

indemnify the Bank or be liable for

damages for payment of any amount.

It is also suggested that any modification

in the contract document shall be in

writing with mutual consent of both

parties and Bank alone cannot have this

right alone by itself. Such amendment

shall be after due negotiation between the

parties to be recorded in writing and

made part of the contract.

As per RFP

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26 20 24 Performance Bank Guarantee Please clarify on the sub clause (ii) of

Performance Bank Guarantee where SBI

imposes a right to invoke the PBG upon

any imposition of Liquidated Damages

resulting from the supplier’s act under

this RFP.

This position is unacceptable to us.

Liquidated damages shall not be

acceptable since there has to be

preventive mechanism to determine the

loss of time between the parties towards

delivery and any such loss should be

documented with a prior notice to be

given by the Bank to the successful

bidder and a reasonable opportunity be

granted to rectify such delay and catch up

with the lost time. Any such attributable

delay in delivery on account of

successful bidder shall also be met with

service credits to Bank post any non-

fulfilment of rectification of delay

As per RFP

27 21 AND

61

27, Annexure-I

1.Switching services downtime

attributable to vendor (scheduled

downtimes during off peak hours

permitted by Bank would be excluded)

SLA Measure- In Minutes

Penalty- No penalties for the first 30

minutes (entire month put together), Rs

500/- per minute for next thirty minutes

and post that, Rs 1000/- per minute. e.g:

if the network remains down for 70

We understand that time is of the essence

and it shall verily be vital for the

completion of work by Bidder.

Penalty at the given rate shall not be

acceptable since there has to be

preventive mechanism to determine the

loss of time between the parties towards

delivery and any such loss should be

documented with a prior notice to be

given by Bank to the successful bidder

and a reasonable opportunity be granted

As per RFP

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minutes in a month on 1, 2 or 3

occasions, the penalty would be as under:

first 30 minutes: nil 31-60 minutes:

500*30=15000 61-70 minutes:

1000*10=10000 Total penalty for this

particular month would be Rs. 25000/.

2.Delayed Activation

SLA Measure- Days

Penalty- Rs 10/- per SIM for each day

after the agreed TAT

3.Delayed Deactivation

SLA Measure- Hours/Days

Penalty- Rs 10 /- per hour after six hours

of receipt of such instruction along with

the actual amount lost due to the inaction.

to rectify such delay and catch up with

the lost time. Any such attributable delay

in delivery on account of successful

bidder shall also be met with service

credits to Bank post any non-fulfilment

of rectification of delay.

It is suggested that upon such default, the

SP should be given reasonable time to

remedy such failure/ delay post prior

notice for such delay/failure by the Bank

to the vedor. The penalty should be

imposed only after vendor fails to rectify

the default after to failing to remedy such

default.

Also the clause fails to address the

concern when the default is due to force

majeure event or for the reasons

attributable to The Bank. The SP cannot

be held liable for penalty in case the

default is due to force majeure event or

reasons attributable to Bank.

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28 22 AND

96

30 AND 13 Right to Audit

AND

Service Level Agreement: Inspection

and Audit[Annexure-M]

It is suggested that such inspection and

audit shall be conducted only during

normal business hours upon notice

specifying the day/date. Such audit or

inspection shall be conducted to the

extent of permissibility and non-

violation of Service Provider’s

applicable laws and regulations. Also, it

shall be incumbent to share the details of

such independent auditors before

allowing the latter to enter into the

service locations under the License

where the network architecture setup is

established by the Service Provider.

Ref corrigendum

29 23 AND

92

30 AND 13 Sub-Contracting

AND

Service Level Agreement: Sub

Contracting[Annexure-M]

Please note that allowing sub-contracting

by the Service Provider to its other group

entities shall facilitate better

provisioning of services to the Bank

therefor should be allowed with

minimum permissions.

As per RFP

30 24 33 Limitation of Liability It is suggested to have the maximum

Limit of Liability of the Service Provider

limited to a sum equal to 100% of the

aggregate value of all charges payable

under the Contract during a period of

preceding 12 months of the Contract. The

Service Provider shall not be liable for

any indirect or consequential damage or

loss.

As per RFP

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31 24 and

100

33(ii) AND 20 Limitation of Liability

AND

Service Level Agreement: Limitation of

Liability[Annexure-M]

Request inclusion of the following point:

Neither the Bank nor the Bidder shall be

liable for any indirect, consequential,

special, or exemplary losses or damages,

including but not limited to loss of

profits, loss of revenue, or loss of

savings, whether actual or anticipated.

As per RFP

32 24,

93

34,

AND 14

Confidentiality

AND

Security and Confidentiality[Annexure-

M: Service Level Agreement]

It is suggested to the Bank by the Bidder

that the provisions of Confidentiality be

subjected to certain exceptions such as:-

1. If the information becomes public

knowledge other than by material breach.

2. If the disclosed information is in the

possession of the receiving party without

restriction in relation to disclosure before

the date of receipt from the disclosing

Party.

3. If the information is received from a

third party who lawfully acquired it and

who is under no obligation restricting its

disclosure.

4. If the information is independently

developed without access to any

confidential information disclosed by the

disclosing party.

5. If such disclosure is required to be

made by any authority of competent

jurisdiction or by any Applicable Law,

provided that the Receiving Party.

As per RFP

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33 61 Annexure -I Annexure -I : Delay in Vendor's

Performance

It is suggested that prior imposition of

any penalty (mentioned under this RFP)

or liquidated damaged / invocation of

Performance Bank Guarantee and /or

Termination of Contract under this

provision by the Bank upon Service

Provider, such delay be duly notified to

the Bidder by the Bank beforehand and a

reasonable time period be given to cure

such delay/defect and such delay should

not be due to actions/reasons not

attributable to the Bidder or under control

of any uncontrollable event such as force

majeure. If the delay is attributable to the

Bidder, we instead propose to issue

service credits in lieu of penalty or

liquidated damages/invocation of PBG

and/or Termination of Contract.

Bank will inform prior

to deducting any

penalty.

34 26 38 Patent Rights/Intellectual Property

Rights

It is suggested that the provision of

providing indemnity against violation of

any third party claims for infringement of

intellectual property rights including

patent, trade mark, copyright, trade secret

or industrial design rights be made

mutual between the Vendor and the

Bank.

In case of any claims, suits or

proceedings arising out of infringement

of any domestic or foreign patent rights,

copyrights or other intellectual property,

proprietary rights OR third party claim

due to the use of services provided by the

as per RFP

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Service Provider or the use of license

both Bank and the Servic Provider shall

indemnify each other mutually to the

extent of the scope of each other’s

fulfilment of obligations under the

License Agreement and any causation

attributable to the indemnifying party

thus, for the services specifically

provided by the indemnifying party of

such claim, suit or proceedings or third

party claim.

In each case of such third party claim, the

indemnifying party shall provide all

necessary defense and / or to assistance

to the Indemnified Party in defending, at

the Indemnifying Party’s cost, such

claims or actions, either in a legal

proceeding or otherwise; provide and

assist each other with all relevant data

and information with regards to the said

causation of that third party claim.

35 27 and

61

39 AND 9 Liquidated Damages

AND

Annexure-I

We understand that time is of the essence

and it shall verily be vital for the

completion of work by Bidder.

Liquidated damages to the given rate (

2% of the total contract value per week

(or part thereof) maximum of 10%

of the total contract value) shall not be

acceptable since there has to be

preventive mechanism to determine the

loss of time between the parties towards

As per RFP

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delivery and any such loss should be

documented with a prior notice to be

given by Bank to the successful bidder

and a reasonable opportunity be granted

to rectify such delay and catch up with

the lost time. Any such attributable delay

in delivery on account of successful

bidder shall also be met with service

credits to Bank post any non-fulfilment

of rectification of delay.

The right to cancellation of contract shall

not be exercised arbitrarily by Bank and

a prior notice be given to successful

bidder intimating any such cancellation

and be subjected to mutual reconciliation

among the senior members of both

parties. Any matter post failure of such

reconciliation process shall be subject to

the dispute resolution process as agreed

between both parties.

We suggest that such right to termination

shall only be post Lock-In period as

agreed between the parties and;

It is suggested that post issuance of

notice of dissatisfaction during the

minimum lock in period, the Supplier

shall also be allowed to remedy the

defect within a reasonable time to end

such dissatisfaction. Any further amends

can be made after resume of service

levels with service credits to the Bank.

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36 30 AND

96

42

AND

16

Termination for Default

AND

Service Level Agreement:Termination

Clause

It is suggested that the contract be

terminated for only Material Breach by

either Vendor or the Bank with a prior

notice of such Material Breach and an

opportunity to cure that breach within a

reasonable time period by the defaulting

party.

As per RFP

37 30 40(i) to (vi) Termination for Default It is suggested that the additional services

provided by the Service Provider post

termination and during the transition

period shall come with a cost borne by

the Bank and any penalty or liquidated

damages sought shall not be in addition

to termination rights and shall be

negotiated with Service Credits proposed

by the Service Provider.

Also, the penalty induced from the

breach of the obligations by the Service

Provider shall not be set off or adjusted

against the Performance Bank Guarantee

or payment of invoices rather such

dispute claim be referred to the dispute

resolution process and the award of the

same shall be final and binding upon the

both the parties.

As per RFP

38 32 44 Termination for Insolvency It is suggested that provision of

termination for insolvency with a prior

written notice be made mutual between

both the Bank and the Service Provider.

As per RFP

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39 32 45 Termination for Convenience It is suggested that the provision of

termination for convenience be allowed

only with a provision of a lock-in period

and exit charges. Termination for

convenience within the lock-in period

shall levy exit charges payable by the

Bank to Service Provider in order to

compensate for the loss made by the

Service Provider on account of

investment under the Contract.

As per RFP

40 32 46 and 17 Disputes/Arbitration and Dispute

Redressal Mechanism & Governing Law

It is suggested that post settlement of

disputes between the parties amicably,

the parties shall resort to settlement in the

court of law against the procedure of

arbitration. This is so because after

pronouncement of arbitration award

there is scope of Appeal to the court in

the Indian Arbitration Act and it makes

the whole process more time consuming

and costly since, then the Lis gets

resolved finally by Court order.

It is suggested that the place of exclusive

jurisdiction for the court of law to settle

the dispute shall be of Mumbai, India.

As per RFP

41 88 6 Annexure-M

Service Level Agreement: General

Indemnity

It is suggested that the Service Provider

shall only indemnify Bank for all direct

damages in relation to the specific

obligations performed under the contract

by the Supplier.

Service Provider shall not be responsible

for any damage caused for obligations

As per RFP

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not performed or not responsible to be

performed by the Supplier under the

contract.

To the extent of causation of damages is

attributable to the Supplier due to his

gross negligence or omission or breach,

the defect thus caused, if capable of being

remedied, shall be remedied under a

reasonable time upon notifying to

Supplier for such causation by Bank.

Service Provider does not offer general

indemnities (however, we can offer IPR

indemnity and for breach of Applicable

law, confidentiality and personal injury.

And for deficiency of services Bidder

may offer Service Credits basis the SLA

to be agreed between the Parties.

The Supplier does not offer general

indemnities (however, we can offer IPR

indemnity and for breach of Applicable

law, confidentiality and personal injury.

And for deficiency of services the

Supplier may offer Service Credits basis

the SLA to be agreed between the Parties.

42 83 3.1 Fee/Compensation: Professional Fee Please provide more information on what

else shall be included under the

professional fee under point 3.1.2 and

3.1.3.

Bidder Business Team to take note of this

clause

As per RFP

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43 83 3.2 Fee/Compensation All duties and taxes (excluding GST,

service tax, VAT or other local taxes), if

any, which may be levied, shall be borne

by the Service Provider and Bank shall

not be liable for the same. All expenses,

stamp duty and other charges/ expenses

in connection with execution of this

Agreement shall be borne by Service

Provider.

Tax team to examine the clause and

confirm.

As per RFP

44 84 3.4 Payments It is suggested that the payments due

towards the Service Provider shall not be

set off or adjusted against the penalty

rather such dispute claim be referred to

the dispute resolution process and the

award of the same shall be final and

binding upon the both the parties.

Any levy of penalty shall be paid in lieu

with service credits as agreed between

the parties when the attribution of such

reasons for penalty includes the Service

Provider.

As per RFP

45 87 5.2 Additonal Representation and

Warranties by Service Provider

Kindly note that this clause is unilateral

in nature and does not safeguard the

interest of the Service Provider.

Therefore, it is suggested that this clause

should be made mutual between both the

parties.

As per RFP

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46 89 7 Contingency Plans Bidder Business to kindly take note that

the Service Provider shall have to arrange

and ensure proper Data Recovery

Mechanism, Attrition Plan and other

contingency plans to meet any

unexpected obstruction to the service

provider or any employees or sub-

contractors of the service provider in

rendering the Services or any part of the

same under this Agreement to the Bank.

The Service Provider at Banks discretion

shall co-operate with the Bank in case on

any contingency.

As per RFP

47 90 AND

119

8 Transition Plans AND Annexure-G:

Transition Plan

It is suggested that the additional services

provided by the Service Provider post

termination and during the transition

period shall come with a cost borne by

the Bank and any penalty or liquidated

damages sought shall not be in addition

to termination rights and shall be

negotiated with Service Credits proposed

by the Service Provider.

Also, the penalty induced from the

breach of the obligations by the Service

Provider shall not be set off or adjusted

against the payment of invoices rather

such dispute claim be referred to the

dispute resolution process and the award

of the same shall be final and binding

upon the both the parties.

It is suggested that the provision of

termination for convenience be allowed

As per RFP

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only with a provision of a lock-in period

and exit charges. Termination for

convenience within the lock-in period

shall levy exit charges payable by the

Bank to Service Provider in order to

compensate for the loss made by the

Service Provider on account of

investment under the Contract.

Transition Plan- Bidder Business Teams

to confirm the commercials involved in

the transition plan and their feasibility[

Transfer of Configuration Management

Database, Transfer of Assets, Transfer of

Software Licenses, Transfer of Software;

Transfer of Documentation, Transfer of

Service Management Process, Transfer

of Knowledge Base, Transfer of Service

Structure, Transfer of Data, Training

Services on Transfer, Transfer Support

Activities] within 6 (six) months prior to

expiry or within 2 (two) week of notice

of termination of Agreement.

Our suggestions involve with regard to

the notice period being short. The

Service Provider should be given

reasonable time and this should be

calculated basis mutual discussions

between both the Bank and Service

Provider to enable optimum results out

oif the transition plan. Any Additonal

costs and other numeric expenses should

be sorted out before completion of

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transition period with proper handover

mechanisms ogverning the ebtire

tranition plan. Hence it is suggested that

ebough room for negotiabiltiy should be

prsesent between the Bank and Service

Provider for any transiton Services.

48 96 15 Ownership It is suggested that the provision of

providing indemnity against violation of

any third party claims for infringement of

intellectual property rights including

patent, trade mark, copyright, trade secret

or industrial design rights be made

mutual between the Vendor and the

Bank.

As per RFP

49

37 Clause No 1

Tender Fee : Amount Rs.10,000/- (Rs

Ten Thousand only)

Non-refundable by means of a DD or

Bankers’ cheque payable at Mumbai in

favour of State Bank of India

Adjust the tender fee for an amount of Rs

10,000/- submitted earlier on 4th

Oct'2017 with the previous RFP

As per RFP

50

43 Clause No 10

Past/present litigations, disputes during

last 3 years, if any (Adverse litigations

could result in disqualification, at the

sole discretion of the Bank)

Brief details of litigations, disputes, if

any are to be given on Company’s letter

head.

Change in Clause Required Past/present litigations, disputes during

last 3 years, if any resulting from

subscriber based telecom services related

to contracts executed with any State Govt

Department.

As per RFP

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51

43 Clause No 9

There should not have been breaches in

the past from their systems / hardware

related to data services

Self-certification on letter head. Brief

report of any IS Audit done on the

infrastructure of the Bidder would be

added advantage.

Clarification Required Provide format for self-certification and

clarifies the details of what is required

from the bidder against this clause

Bidder to certify that

no breaches have

ocurred related to data

services on their letter

head.

52

53 Annexure-F Annexure-F -- Indicative Commercial

Bid

Commercials to be shared would be of

4G/3G/2G or the commercials of only 2G

plan required.

As per RFP

53

Eligibility condition

Entities which are not a telecom service

provider but act more as a procurement

agency / aggregator may be allowed to

participate. They would be like, single

source for SIMs of various telecom

service provider.

As per RFP