Transcription

भारत एसएमइ आि त पुन नमाण कं पनी िलिमटेड
India SME Asset Reconstruction Co. Ltd.
अनु योग सॉ टवेयर के िवकास और काया वयन के
िलए
ताव हेतु अनुरोध
Request for Proposal
For
Development and Implementation of Application Software
िनिवदा सं. / Tender No.
ISARC/RFP/2015/002
िनिवदा जारी करने क ितिथ / Tender Issue Date
May 11, 2015
पूव-बोली बैठक क ितिथ / Date of pre-bid meeting
May 15, 2015, 3.00 pm
बोली जमा करने क अंितम ितिथ / Last date for bid
submission
June 12, 2015, 3.30 pm
िनिवदा बंद होने का समय / Tender Closing Time
June 12, 2015, 3.30 pm
तकनीक बोिलयां खोलने क ितिथ / Date of opening of
Technical Bids
June 12, 2015, 4.00 pm
िनिवदा मू य / Tender Cost
`1,000/- (Rupees One Thousand only)
बयाना जमा रािश / Earnest Money Deposit
`1,50,000/(Rupees One Lakh Fifty Thousand only)
भारत एसएमइ आि त पुन नमाण कं पनी िलिमटेड
१००४, १०व मंिजल, नमन के
, लॉट सं. सी-३१, जी लॉक,
बां ा कु ला कॉ ले स, बां ा (पू.), मु बई – ४०० ०५१
INDIA SME ASSET RECONSTRUCTION CO. LTD.
1004, 10th Floor, Naman Centre
Plot No. C-31, ‘G’ Block,
Bandra Kurla Complex, Bandra (E),
Mumbai – 400 051
RFP for Development and Implementation of Application Software
This page has been left blank intentionally.
Tender No.: ISARC/RFP/2015/002
Private and Confidential
Page 2 of 81
मह वपूण सूचना / Critical Information
(आर एफ पी सं.: आइसाक/आरएफपी/ २०१५/००१ द. मई ११, २०१५)
(RFP No: ISARC/RFP/2015/002 dated May 11, 2015)
.सं.
S. No.
काय म / Events
1
पूव-बोली बैठक के िलए प ीकरण माँगने क अंितम
ितिथ / Date
समय / Time
मई १४, २०१५
May 14, 2015
3:00 p.m.
प ीकरण नह दया जाएगा)
Pre Bid meeting (no clarifications would
be given after pre-bid meeting)
मई १५, २०१५
May 15, 2015
3:00 p.m.
3
बोली जमा करने क अंितम ितिथ / Last date for
submission of bids
जून १२, २०१५
June 12, 2015
3:30 p.m.
4
िनिवदा बंद होने क ितिथ व समय / Tender
closing date & time
जून १२, २०१५
June 12, 2015
3:30 p.m.
5
बोली जमा करने का पता / Address for Bid उप. महा बंधक,
Submission
भारत एसएमइ आि त पुन नमाण कं पनी िलिमटेड,
ितिथ / Last date for seeking clarifications
for pre-bid meeting
2
पूव-बोली बैठक (पूव-बोली बैठक के बाद कोई भी
१००४, १०व मंिजल, नमन के , लॉट सं. सी-३१,
जी लॉक, बां ा कु ला कॉ ले स, बां ा (पू.),
मु बई – ४०० ०५१
Deputy General Manager,
India SME Asset Reconstruction Co. Ltd.,
1004, 10th Floor Naman Centre,
Plot No. C – 31, G Block,
Bandra Kurla Complex, Bandra (E),
Mumbai – 400 051
Phone : 022 2675 2600
Fax : 022 2675 2699
6
पूव-यो यता पा ता मू यांकन एवं तकनीक बोली
खोलने क ितिथ व समय / Date & Time of
Opening of Pre-qualification Eligibility
Evaluation & Technical Bid
जून १२, २०१५
June 12, 2015
7
वािणि यक बोली खोलने क ितिथ व समय / Date बाद म सूिचत कया जाएगा
and time of opening of commercial bids To be intimated at a later date
8
बोली क वैध ता / Bid Validity
9
बोलीदाता
ारा क जाने वाली
तुितयाँ
Presentations to be made by bidders
4.00 pm
बोली तुत करने क अंितम ितिथ से ९० दन
90 days from the last date of bid submission.
/ बोलीकता उस अविध के दौरान आइसाक के कायालय म
तुतीकरण करगे। बोिलयाँ खोलने के बाद और
तकनीक मू यांकन के समय बोलीकता
के
तुतीकरण
का समय उ ह बाद म सूिचत कया जाएगा।
The bidders are required to arrange for
Page 3 of 81
.सं.
S. No.
काय म / Events
ितिथ / Date
समय / Time
presentation at ISARC’s office during the
period. The schedule of presentation by
Bidders will be advised by ISARC
subsequently after opening the bids & during
the technical evaluation.
10 आइसाक
ी. जी. संपत कु मार
022-2675 2603, [email protected]
अिधका रय के (उ.म. .)
संपक िववरण Shri G. Sampath Kumar
Contact
details
of (DGM)
ISARC
ी. भु पी.
officials
ए.वी.पी. (प रचालान)
022-2675 2608, [email protected]
Shri Prabhu P.
AVP (Operations)
************
Page 4 of 81
Notice
This document is the property of India SME Asset Reconstruction Company
Limited (ISARC). It may not be copied, distributed or recorded on any medium,
electronic or otherwise, without ISARC’s written permission. Use of contents
given in this document, even by the authorized personnel / agencies for any
purpose other than the purpose specified herein, is strictly prohibited as it shall
amount to copyright violation and thus shall be punishable under the Indian law.
Page 5 of 81
Important Terms
Some terms have been used in the document interchangeably for the meaning as
mentioned below:







‘Company’ means ‘India SME Asset Reconstruction Company Limited’.
‘Bidder’ means the respondent to the RFP document.
‘Successful Bidder’ refers to the bidder who gets selected by ISARC after
completion of evaluation process.
‘Service Provider’ refers to the successful bidder who provides the services to
the company after the contract is awarded by the company, also abbreviated as
‘SP’.
‘RFP’ or ‘Tender’ means the Request for Proposal document
‘DC’ means Data centre, ‘DR’ means Disaster Recovery site
‘Bid’ may be referred to as ‘Offer’.
Glossary
Acronym
AMC
ATS
BG
DR
EMD
MAF
OEM
PBG
SLT
CMM
Description
Annual Maintenance Contract
Annual Technical Support
Bank Guarantee
Disaster Recovery
Earnest Money Deposit
Manufacturer’s Authorization Form
Original Equipment Manufacturer
Performance Bank Guarantee
Service Level Targets
Capability Maturity Model
Annexure / Appendix Details
Annexure / Appendix
Number
Annexure–I
Annexure–II
Annexure–III
Annexure–IV
Annexure–V
Annexure–VI
Annexure–VII
Annexure–VIII
Annexure–IX
Annexure–X
Annexure–XI
Annexure–XII
Annexure–XIII
Annexure–XIV
Annexure–XV
Annexure–XVI
Annexure–XVII
Description
Bid Covering Letter
General Information about Bidder
Pre-qualification / Eligibility Evaluation
Technical Bid
Commercial Bid
Software Functionality Parameters
Declaration Regarding Clean Track Record
Statement of Deviations
Letter of Competence
Power of Attorney
Performance Bank Guarantee
Letter of Conformity
EMD / Bank Guarantee in Leiu of EMD
Non-Disclosure Agreement
Bank Mandate Form
Undertaking of Authenticity
Manufacturer’s Authorization Form (MAF)
Page 6 of 81
Table of Contents
1.
INTRODUCTION AND DISCLAIMERS............................................................................................10
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
2.
RFP RESPONSE ............................................................................................................................13
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
3.
ABOUT ISARC ....................................................................................................................................... 17
IT INFRASTRUCTURE ............................................................................................................................... 17
BUSINESS APPLICATIONS ........................................................................................................................ 17
PRESENT BUSINESS SCENARIO ................................................................................................................. 17
DISASTER RECOVERY SITE ...................................................................................................................... 18
PROJECT SCOPE ..........................................................................................................................19
4.1
4.2
4.3
4.4
4.5
4.6
4.7
5.
BID PRICE ............................................................................................................................................... 13
EARNEST MONEY DEPOSIT (EMD) .......................................................................................................... 13
BID SUBMISSION CLOSING D ATE ............................................................................................................. 13
RFP VALIDITY PERIOD ........................................................................................................................... 13
LATE RFP POLICY ..................................................................................................................................13
RECEIVING OF RFP RESPONSE ................................................................................................................. 13
REQUESTS FOR INFORMATION ................................................................................................................. 13
PRE-B ID MEETING ..................................................................................................................................14
DISQUALIFICATION .................................................................................................................................14
SELECTION PROCESS ............................................................................................................................... 14
DETAILS OF BIDS TO BE SUBMITTED ........................................................................................................ 15
IMPORTANT ............................................................................................................................................ 16
BACKGROUND ..............................................................................................................................17
3.1
3.2
3.3
3.4
3.5
4.
PURPOSE OF RFP .................................................................................................................................... 10
INFORMATION PROVIDED ........................................................................................................................ 10
DISCLAIMER ........................................................................................................................................... 10
COSTS TO BE BORNE BY RESPONDENTS .................................................................................................... 10
NO LEGAL RELATIONSHIP ....................................................................................................................... 11
RECIPIENT OBLIGATION TO INFORM ITSELF.............................................................................................. 11
EVALUATION OF OFFERS ......................................................................................................................... 11
ACCEPTANCE OF SELECTION PROCESS ..................................................................................................... 11
ERRORS AND OMISSIONS ......................................................................................................................... 11
ACCEPTANCE OF TERMS .......................................................................................................................... 11
REQUESTS FOR PROPOSAL ....................................................................................................................... 11
NOTIFICATION ........................................................................................................................................ 12
OBJECTIVE ............................................................................................................................................. 19
SCOPE OF WORK ..................................................................................................................................... 19
DEPLOYMENT ARCHITECTURE ................................................................................................................. 20
DELIVERABLES UNDER THE PROJECT SCOPE............................................................................................. 20
SUPPLY OF SOFTWARE ............................................................................................................................ 23
IMPLEMENTATION AND CUSTOMIZATION OF SOFTWARE ........................................................................... 23
ISARC’S REQUIREMENTS ....................................................................................................................... 23
TERMS AND CONDITIONS ............................................................................................................29
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
GENERAL ............................................................................................................................................... 29
COMMERCIAL BID................................................................................................................................... 31
SERVICE DELIVERY .................................................................................................................................31
RULES FOR RESPONDING TO THE RFP ...................................................................................................... 32
BID SECURITY AND PERFORMANCE GUARANTEE ...................................................................................... 34
DELIVERY SCHEDULE ............................................................................................................................. 35
PENALTY CLAUSE ................................................................................................................................... 35
WARRANTY ............................................................................................................................................ 35
SERVICE LEVEL AGREEMENT .................................................................................................................. 36
EXPENSES ............................................................................................................................................... 37
TERMS OF PAYMENT ............................................................................................................................... 37
EXIT CLAUSE .......................................................................................................................................... 38
ANNUAL MAINTENANCE CONTRACT........................................................................................................ 39
Page 7 of 81
5.14
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27
5.28
5.29
5.30
5.31
5.32
5.33
5.34
6.
ELIGIBILITY CRITERIA ..................................................................................................................46
6.1
6.2
6.3
7.
ORDER CANCELLATION ........................................................................................................................... 39
INSURANCE ............................................................................................................................................ 39
UNDERTAKING OF AUTHENTICITY ........................................................................................................... 40
MANUFACTURER’S AUTHORISATION FORM (MAF) .................................................................................. 40
RULES FOR EVALUATION OF RESPONSES ..................................................................................................40
CONSORTIUM / SUB-CONTRACTOR .......................................................................................................... 41
CORRUPT AND FRAUDULENT PRACTICE ................................................................................................... 41
WAIVER ................................................................................................................................................. 41
VIOLATION OF TERMS ............................................................................................................................. 41
CONFIDENTIALITY ..................................................................................................................................42
IPR INFRINGEMENT ................................................................................................................................ 42
LIMITATION OF LIABILITY ....................................................................................................................... 42
RIGHTS TO VISIT ..................................................................................................................................... 42
AUDIT .................................................................................................................................................... 42
COMPLIANCE WITH STATUTORY AND REGULATORY PROVISIONS .............................................................. 43
TAXES AND DUTIES ................................................................................................................................ 43
RIGHT OF PUBLICITY ............................................................................................................................... 43
RESOLUTION OF DISPUTE ........................................................................................................................ 43
FORCE MAJEURE..................................................................................................................................... 44
INDEMNITY............................................................................................................................................. 44
PUBLIC PROCUREMENT POLICY ON MICRO AND SMALL ENTERPRISES (MSES) .......................................... 45
PRE-QUALIFICATION / ELIGIBILITY EVALUATION...................................................................................... 46
TECHNICAL BID ...................................................................................................................................... 46
COMMERCIAL BID................................................................................................................................... 47
EVALUATION METHODOLOGY.....................................................................................................48
7.1
7.2
7.3
7.4
7.5
7.6
EVALUATION PROCESS ............................................................................................................................ 48
PRELIMINARY EXAMINATIONS................................................................................................................. 48
EVALUATION OF PRE-QUALIFICATION / ELIGIBILITY EVALUATION ............................................................ 49
EVALUATION OF TECHNICAL BIDS ........................................................................................................... 49
EVALUATION OF COMMERCIAL BIDS AND SELECTION OF BIDDER .............................................................. 52
ARITHMETIC ERRORS CORRECTION ......................................................................................................... 52
ANNEXURE–I. BID COVERING LETTER ............................................................................................................ 53
ANNEXURE–II. GENERAL INFORMATION ABOUT BIDDER ..................................................................................... 54
ANNEXURE–III. PRE-QUALIFICATION / ELIGIBILITY EVALUATION ........................................................................ 55
ANNEXURE–IV. TECHNICAL BID......................................................................................................................... 56
ANNEXURE–V. COMMERCIAL BID ...................................................................................................................... 57
ANNEXURE–VI. SOFTWARE FUNCTIONALITY PARAMETERS ................................................................................. 60
ANNEXURE–VII. DECLARATION REGARDING CLEAN TRACK RECORD ..................................................................66
ANNEXURE–VIII. STATEMENT OF DEVIATIONS ................................................................................................... 67
ANNEXURE–IX. LETTER OF COMPETENCE ........................................................................................................... 68
ANNEXURE–X. POWER OF ATTORNEY ................................................................................................................. 69
ANNEXURE–XI. PERFORMANCE BANK GUARANTEE ............................................................................................ 70
ANNEXURE–XII. LETTER OF CONFORMITY .......................................................................................................... 73
ANNEXURE–XIII. EMD / BANK GUARANTEE IN LEIU OF EMD ............................................................................ 74
ANNEXURE–XIV. NON-DISCLOSURE AGREEMENT .............................................................................................. 76
ANNEXURE–XV. BANK MANDATE FORM ............................................................................................................ 77
ANNEXURE–XVI. UNDERTAKING OF AUTHENTICITY ........................................................................................... 79
ANNEXURE–XVII. MANUFACTURER’S AUTHORISATION FORM (MAF).................................................................80
************
Page 8 of 81
This page has been left blank intentionally.
Page 9 of 81
1. Introduction and Disclaimers
1.1
Purpose of RFP
1. This Request for Proposal document (“RFP document” or “RFP”) has been
prepared solely to have a one point seamlessly integrated ERP application
software to manage all business (Operational and administrative) functions of
ISARC. Towards this end, ISARC proposes to shortlist bidders on techno
commercial evaluation based on:
a) Pre-qualification / Eligibility Evaluation
b) Technical proposal
c) Commercial proposal
2. Based on technical proposal, shortlisted bidders will be asked to present and
demonstrate proposed software, which will also be one of the important criteria
for selection.
3. This 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 ISARC and any successful
bidder as identified by ISARC after completion of the selection process.
4. The tender methodology being followed is under Three Bid System viz. 1) Prequalification / Eligibility Evaluation 2) Technical bid and 3) Commercial bid.
1.2
Information Provided
1. The RFP document contains statements derived from information that is believed
to be relevant at the date but does not purport to provide all of the information
that may be necessary or desirable to enable an intending contracting party to
determine whether or not to enter into a contract or arrangement with ISARC.
Neither ISARC nor any of its employees, agents, contractors, or advisers gives
any representation or warranty, express or implied, as to the accuracy or
completeness of any information or statement given or made in this document.
Neither ISARC nor any of its employees, agents, contractors, or advisers have
carried out or will carry out an independent audit or verification exercise in
relation to the contents of any part of the document.
1.3
Disclaimer
1. Subject to any law to the contrary and to the maximum extent permitted by law,
ISARC and its officers, employees, contractors, agents, and advisers disclaim all
liability from any loss or damage (whether foreseeable or not) suffered by any
person acting on or refraining from acting because of any information including
forecasts, statements, estimates, or projections contained in this RFP document
or conduct ancillary to it whether or not the loss or damage arises in connection
with any negligence, omission, default, lack of care or misrepresentation on the
part of ISARC or any of its officers, employees, contractors, agents, or advisers.
1.4
Costs to be borne by Respondents
1. All costs and expenses incurred by Respondents in any way associated with the
development, preparation, and submission of responses, including but not limited
to; the attendance at meetings, discussions, demonstrations/ presentations, etc.
and providing any additional information required by ISARC, will be borne entirely
and exclusively by the Respondent.
Page 10 of 81
1.5
No Legal Relationship
1. No binding legal relationship will exist between any of the Respondents and
ISARC until award of contract and its acceptance by the Recipient.
1.6
Recipient Obligation to Inform Itself
1. The Recipient must conduct its own investigation and analysis regarding any
information contained in the RFP document and the meaning and impact of that
information.
1.7
Evaluation of Offers
1. Each Recipient acknowledges and accepts that ISARC may, in its sole and
absolute discretion, apply whatever criteria it deems appropriate in the selection
of bidder, not limited to those selection criteria set out in this RFP document.
2. The issuance of RFP document is merely an invitation of offers and must not be
construed as any agreement or contract or arrangement nor would it be
construed as any investigation or review carried out by a Recipient. The Recipient
unconditionally acknowledges by submitting its response to this RFP document
that it has not relied on any idea, information, statement, representation, or
warranty given in this RFP document.
1.8
Acceptance of Selection Process
1. Each Recipient having responded to this RFP acknowledges have read,
understood and accept the selection & evaluation process mentioned in this RFP
document. The Recipient ceases to have any option to object against any of
these processes at any stage subsequent to submission of its responses to this
RFP.
1.9
Errors and Omissions
1. Each Recipient should notify ISARC of any error, omission or discrepancy found
in this RFP document but not later than 10 (ten) working days prior to the due
date for submission of bids.
1.10 Acceptance of Terms
1. Recipient will, by responding to ISARC for RFP, be deemed to have accepted the
terms as stated in this RFP.
1.11 Requests for Proposal
1. Recipients are required to direct all communications related to this RFP, through
the Nominated Point of Contact person:
Contact
Position
Email
Telephone
Fax
:
:
:
:
:
Shri G. Sampath Kumar
Deputy General Manager
[email protected]
+9122 2675 2603
+9122 2675 2699
2. ISARC may, in its absolute discretion, seek additional information or material
from any Respondents after the RFP closes and all such information and material
provided must be taken to form part of that Respondent’s response.
Page 11 of 81
3. Respondents should provide details of their contact person, telephone, fax, email
and full address(s) to ensure that replies to RFP could be conveyed promptly.
These details should also be written/ printed without fail on each of the bids
envelopes as well.
4. ISARC may, in its absolute discretion, engage in discussion with any Respondent
(or simultaneously with more than one Respondent) after the RFP closes to
improve or clarify any response.
1.12 Notification
1. ISARC will notify all short-listed Respondents in writing or by mail as soon as
practicable about the outcome of their RFP response.
************
Page 12 of 81
2. RFP Response
2.1
Bid Price
1. Non-refundable Bid Price of Rs. 1,000/- (Rupees One Thousand only) by way of
Banker’s Cheque / Demand Draft / Pay Order drawn on a scheduled bank,
favouring ‘India SME Asset Reconstruction Company Limited’, must be
submitted separately along with RFP response. ISARC may, at its discretion,
reject any Bidder where the bid price has not been furnished with the RFP
response.
2.2
Earnest Money Deposit (EMD)
1. All the responses must be accompanied by a refundable interest free security
deposit of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) in the form
of Demand Draft / Banker’s Cheque drawn on a scheduled bank in favour of
“India SME Asset Reconstruction Company Limited” payable in Mumbai or
Bank Guarantee (BG) as per format prescribed in Annexure–XIII. No interest will
be paid on EMD and it could be forfeited in case of default as per clause 5.5.
2.3
Bid Submission Closing Date
1. RFP Response should be received by ISARC not later than date and time
mentioned in ‘Critical Information’ section above, at ISARC’s office premises.
2.4
RFP Validity Period
1. The Bids must remain valid and open for evaluation according to their terms for a
period of 90 days from the last date of the submission of bids.
2.5
Late RFP Policy
1. Responses received after the due date / time i.e. bid submission date/ time would
be considered late and may not be accepted or opened. Late received bids shall
be returned un-opened within 02 weeks from the bid submission date.
2.6
Receiving of RFP Response
1. Receiving of RFP response will be recorded by ISARC in a ‘Bid Receipt
Register’ kept for the purpose upon receiving the RFP response. The submission
of the response should be in the format outlined in this RFP and should be
submitted preferably through hand delivery. If the submission to this RFP does
not include all the documents and information required or is incomplete or
submission is through Fax mode, the RFP is liable to be summarily rejected. All
submissions, including any accompanying documents, will become the property
of ISARC. The Recipient shall be deemed to have licensed and granted all rights
to ISARC to reproduce the whole or any portion of their submission for the
purpose of evaluation and to disclose and/or use the contents of the submission
as the basis for any resulting RFP process, notwithstanding any copyright or
other intellectual property right of the Recipient that may subsist in the
submission or accompanying documents.
2.7
Requests for Information
1. Recipients are required to direct all communications for any clarification related to
this RFP, to the designated ISARC officials and must communicate the same in
writing by the time mentioned in ‘Critical Information’ section above. No query /
clarification would be entertained over phone.
Page 13 of 81
2. All queries relating to the RFP, technical or otherwise, must be in writing only and
may be sent via email. ISARC will try to reply, without any obligation in respect
thereof, every reasonable query raised by the Recipients in the manner specified.
3. However, ISARC will not answer any communication reaching ISARC later than
the time stipulated for the purpose.
4. ISARC may in its absolute discretion seek, but under no obligation to seek,
additional information or material from any Respondents after the RFP closes and
all such information and material provided must be taken to form part of that
Respondent’s response. Respondents should invariably provide details of their
email address as responses to queries will be provided to all Respondents via
email.
5. ISARC may in its sole and absolute discretion engage in discussion with any
Respondent (or simultaneously with more than one Respondent) after the RFP
closes, to clarify any response.
2.8
Pre-Bid Meeting
1. ISARC shall hold a pre-bid meeting on the date and time mentioned in ‘Critical
Information’ section above. Purpose of the meeting is to bring utmost clarity on
the scope of work and terms of the RFP being floated. The Bidders are expected
to use the platform to have all their queries answered. No query will be
entertained after the pre-bid meeting.
2. It would be the responsibility of the Bidders representatives (only one person per
bidder) to be present at the venue of the meeting.
3. Clarification sought by bidder should be made in writing (Letter/e-mail etc.) and
submitted on or before the date as indicated in the ‘Critical Information’ section.
ISARC has discretion to consider any other queries raised by the bidder’s
representative during the pre-bid meeting.
4. The text of the clarifications asked (without identifying the source of enquiry) and
the response given by ISARC, together with amendment to the bidding
document, if any, will be posted on the ISARC’s website (www.isarc.in) and
Central Public Procurement Portal (CPPP) within 07 working days of the pre-bid
meeting. However, it would be the responsibility of the bidder to check the
websites before final submission of bids.
5. If ISARC, in its absolute discretion, deems that the originator of the question will
gain an advantage by a response to a question, then ISARC reserves the right to
communicate such response to all Respondents.
2.9
Disqualification
1. Any form of canvassing/ lobbying/ influence/ query regarding short listing, status
etc. will result in a disqualification.
2.10 Selection Process
1. Successful Bidder will be selected through three bids evaluation process:
a) Pre-qualification / Eligibility evaluation
b) Technical evaluation
c) Commercial evaluation
Page 14 of 81
2.11 Details of Bids to be Submitted
1. Bidders are required to submit their responses in three envelopes, with contents
of each as under:
Envelope
No.
I
No. of
Copies
Bid Contents
i.
Bid Covering Letter as per format prescribed
in Annexure–I
ii.
General Information about Bidder as per
format prescribed in Annexure–II
Label of Envelope
Hardcopy
–1
“Pre-qualification
/
Eligibility Evaluation for
Development
and
Implementation
of
Application Software –
RFP
No.:
ISARC/RFP/2015/002
dated May 11, 2015”
Hardcopy
–1
“Technical
Bid
for
Development
and
Implementation
of
RFP
No.:
ISARC/RFP/2015/002
Hardcopy
–1
“Commercial Bid for
Development
and
Implementation
of
RFP
No.:
ISARC/RFP/2015/002
iii. Pre-qualification / Eligibility Evaluation as per
format prescribed in Annexure–III
iv. Declaration regarding clean track record, as
per format prescribed in Annexure–VII
v.
Letter of Competence as
prescribed in Annexure–IX
per
format
vi. Power of Attorney as per format prescribed in
Annexure–X
vii. Letter of Conformity as per format prescribed
in Annexure–XII
viii. DDs/ Instruments/ BG as per format
prescribed in Annexure–XIII, towards Bid
Price & Earnest Money Deposit (EMD).
ix. Non-Disclosure
Annexure–XIV
x.
II
Agreement
as
per
Bank Mandate Form as per Annexure–XV
Technical Bid
i. Technical Bid – As per format prescribed in
Annexure–IV
ii. Software Functionality Parameters – As per
format prescribed in Annexure–VI
iii. Statement of Deviations as
prescribed in Annexure–VIII
per
format
iv. Undertaking of Authenticity as per Annexure–
XVI
v. Manufacturer’s Authorization Form (MAF) as
per Annexure–XVII
III
Commercial Bid
i. Commercial Bid as per format prescribed in
Annexure–V
Page 15 of 81
Envelope
No. of
Copies
Bid Contents
No.
Label of Envelope
2. The above mentioned three separately sealed sub-envelopes should be put
together in another master sealed envelope super-scribing “Bid for
Development and Implementation of Application Software – RFP No.:
ISARC/RFP/2015/002 dated May 11, 2015”
3. All the individual envelopes must be super-scribed with the following information
as well:
a) Name of the bidder, Contact Name, Number and e-mail id.
4. Bids should be enclosed with all relevant documentary proofs / certificates duly
sealed and signed.
5. Envelope I & II should also contain softcopies of respective response documents.
2.12 Important
1. Bidders must take the following points into consideration during preparation and
submission of bids:
a) Authorized signatory must sign all the pages of the response.
b) Relevant documents must be submitted as proof wherever necessary. All the
pages must be sealed and signed by the authorized signatory of the
respondent.
c) Faxed copies of any submission are not acceptable and will be rejected by
ISARC.
d) Responses should be concise and to the point. Submission of irrelevant
documents must be avoided.
e) If the bids do not contain all the information required or is incomplete, the
proposal is liable to be rejected.
f)
The RFP is hosted on ISARC website www.isarc.in and also on Central
Public Procurement Portal (CPPP). ISARC reserves the right to change the
dates mentioned above. Changes and clarification, if any, related to RFP will
be posted on web site and CPPP. Bidders must have close watch on the
website and CPPP during the intervening period before submitting response
to RFP.
************
Page 16 of 81
3. Background
3.1
About ISARC
1. India SME Asset Reconstruction Company Limited (ISARC) is an Asset
Reconstruction Company (ARC) established under SARFAESI Act, 2002 as a
specialized entity for NPA resolution. ARCs are established to acquire, manage
and recover illiquid or Non-Performing Assets (NPAs) from Banks / FIs. This
process would relieve the banking system of the burden of NPAs and would allow
them to focus better on their core function of financing and development of new
business opportunities so as to further strengthen the economy. ISARC
endeavors to unlock the idle NPA assets for productive purposes which would
facilitate greater and easier flow of credit from the banking sector to the MSMEs.
Detailed information on the functions of ISARC is provided on the website
www.isarc.in.
3.2
IT Infrastructure
1. Details of Present IT Infrastructure:
Infrastructure Type
3.3
Details of Components
Hardware
There are no servers and day to day business work is
done on Laptops and PCs
Operating Systems
Various versions of Windows
Office Automation
MS Office 2003 and above
Business Applications
1. There is no integrated business application as of now. Routine office business is
done using Microsoft office tools.
2. Accounts are maintained using TALLY software package.
3.4
Present Business Scenario
3.4.1 ISARC currently has following major business operations:
a) Bidding for acquiring Non-Performing Assets
b) Acquisition of NPAs from Banks / FIs & reconstructing them.
c) Advisory services to Banks for their NPA management and resolution of
NPAs by way of restructuring / compromise settlement.
d) Recovery & SARFAESI Enforcement Agency services to Banks.
e) Advisory & resolution services to distressed debt borrowers for resolution of
their NPAs by way of restructuring / compromise settlement.
3.4.2 Business Process workflow outline
a) Typical business model of ISARC is given below:
Page 17 of 81
b) Detailed business process workflow is as under:
i. Bank announces sale of NPA.
ii. ISARC bids for acquiring NPAs after evaluating and analyzing the portfolio
/ NPA based on the Due Diligence report.
iii. The acquisition may be either on Security Receipt (SR) basis or cash
basis. If acquired on SR basis, a Trust is floated by ISARC as a Trustee.
The Trust issues offer documents to investors for subscribing to the SRs of
the Trust. The SRs are subscribed by ISARC and Seller Bank / Qualified
Institutional Buyer (QIB) in the agreed ratio.
iv. The NPA accounts are transferred by the Bank / Financial Institution to
ISARC by way of assignment agreement.
v. Post assignment, the assets acquired are resolved through various
recovery measures like settlement with borrower, enforcement of security
under SARFAESI Act, RDDBFI Act, restructuring/ reschedulement of dues,
etc.
vi. ISARC as a Trustee receives management fee from the Trust for
managing the accounts based on the terms and conditions of Trust Deed /
Offer Document.
vii. The amount recovered after adjusting expenses and management fee are
distributed to investors based on the terms and conditions of the offer
document.
3.5
Disaster Recovery Site
1. In case a disaster recovery site is to be set up in future, bidder must assist in the
set up of DRS. Details for the same would be worked out and finalized mutually.
Scope for the same is not part of current Scope of Work.
************
Page 18 of 81
4. Project Scope
4.1
Objective
1. Primary scope is that Bidder to have a readymade software product that can be
modified and customized as per ISARC’s business requirement. This is not a full
fledged development project. Main objective is to avoid ground up full
development, and to have short gestation period (not more than 28-32 weeks
from date of project initialization date) between start and production usage roll
out.
2. ISARC is looking for delivery, installation, support and services as a single point
solution. These would include:
a) Delivery and installation of existing software of successful bidder at ISARC
office location.
b) Preparation of document on ‘changes required’ to meet ISARC requirement
with reference to existing software of the bidder. This will be study phase
where gaps between existing software and requirement of ISARC will be
documented.
c) Modification / customization as per document of ’changes required’ to meet
ISARC’s requirement and final installation for production as per guidelines
contained in subsequent paragraphs.
d) ‘Study Phase’ would be done at ISARC office location along with designated
ISARC officials. Development would be off site at bidder’s location.
Installation of subsequent versions, post ’Gap Study’ would be at ISARC’s
location on ISARC’s servers for testing and production usage.
e) Supply, installation, configuration and set up of environmental software and
tools like operating software systems (e.g. Windows server, etc.), RDBMS
database software, middleware etc. Bidder will ensure that all licenses for
environmental software legally licensed to ISARC.
f)
AMC support for application software for bug fixes, updates, incorporating
additional changes in the software.
g) Technical support and managed services for cluster of enterprise database
servers, application servers / middleware servers.
h) Comprehensive post implementation support.
i)
Hardware (Servers): Delivery and installation of servers.
j)
Antivirus software with ongoing continued updation for one year from the date
of rollout. Freeware will not be accepted.
3. A list of Software Functionality Parameters is given at Annexure–VI to this
document. All modules should be seamlessly integrated with screen layout and
design in line with ISARC business process. It is expected that software meets all
parameter requirements in the Annexure–VI.
4.2
Scope of Work
General Requirements
1. The software should be object oriented and parameterized. The software should
be developed on RDBMS database.
2. Major business policy parameters in the system should be configurable and
modular i.e. it should be possible to configure the modules / add new modules by
Page 19 of 81
adding more parameters in the base parameter list, selecting from the list of
parameters, attaching them to the module, assigning different values. It should
have sufficient flexibility to accommodate schemes and policy changes and
variable business parameter changes.
3. The software should be workflow based and conform to ISARC business process.
4. The system should involve Maker-Checker policy where the maker can create
and edit the document and the checker can only view the document.
5. Software should provide for various levels of access controls and user
authentication. Operational controls / validations are also required to be built.
6. Reports as required by ISARC have to be developed, including MIS reports.
7. Identification of the user by user ID and corresponding password. Maker-checker
level of security.
8. Presence of audit trails and logs in the system, which tracks various exceptions
critical to the secure operation of the system.
9. Software should have System Administration module built in as part of
application. It should provide facility for creation of users, granting and modifying
its activity based roles, and changing the password. Also user should be able to
change his own password. The provisions are required for grant/revoke the
access rights at the application level for each task / activity of the application.
User Activity can be assigned to tasks and activity matrix.
10. Module-wise detailed software functionality parameters are given in Annexure–VI.
4.3
Deployment Architecture
1. Architecture should support business operations of ISARC on RDBMS on three
tier architecture with central database. Database, application/ middleware servers
would be located in central Head office location of ISARC at Mumbai. Application
users should be able to connect to central server from local / remote locations to
use the application.
4.4
Deliverables under the Project Scope
1. Application software license, environmental software,
deployment plan, costing etc. is to be done as per following:
hardware
sizing,
a) No. of application users - 20 (System should be configured / designed in a
manner to have scalability to increase number of user up to 50-75 and
number of locations up to 10.)
b) No. of locations: 2 (Mumbai Head office and Kolkata branch).
Page 20 of 81
4.4.1 Deliverables and scope of work (SOW) would include
a) Installation of bidder’s existing version of application software on ISARC
servers. (to be referred as Ver 1 for purpose of this RFP).
b) Run-through of existing version and preparation of document on ‘changes
required’ to meet ISARC requirement. This will be study phase in nature of
gap analysis and required changes for modification/customization would be
documented in the Solution Design Document. Changes must conform to the
requirement mentioned in Annexure–VI as guideline.
c) Incorporation of changes in existing software with required modification /
customization. This will be off site activity at bidders’ location.
d) Installation of next version with changes made as per solution design
document on ISARC servers at ISARC office location (to be referred as ver 2
for purpose of this RFP).
e) Testing of Ver 2 by ISARC users with handholding support from bidder.
f)
Rectification of any errors during testing (of Ver 2).
g) Installation of final version (to be referred as ver 3 for purpose of this RFP) for
integrated ‘User Acceptance Testing’ (UAT) by ISARC with handholding from
Bidder.
h) ‘User Acceptance Testing’ (UAT) sign off of final version 3.
i)
Supply and installation of environmental software and tools like operating
software systems (e.g. Windows), RDBMS database software (e.g. Oracle
database enterprise edition), Middleware (e.g. Oracle Weblogic server), etc.
j)
Supply and installation of antivirus software for the servers with ongoing
arrangement updation.
k) Staging, installation, configuration of database and middleware severs and
installation of application software, initial set up of master data, etc. for
production usage.
l)
Installation of final version for production usage on ISARC’s server.
m) Post Implementation support and services:
i. AMC Support services for application software including bug resolution,
updation, bug fixes and security patches.
ii. Managed services of enterprise database servers and application/
middleware servers for maintenance, tuning, configuration, etc.
iii. Data backup and recovery including ongoing services for re-configuration,
tuning, load balancing, replication, managing high availability, reliability and
integrity features and re-aligning hard disk space etc.
iv. In case of a crash during testing / production usage, re installation of OS,
environment software (database, application, middleware, etc.), porting of
data from back up and get the entire system up and running.
n) Porting of existing legacy data of ISARC: Details of current data to be
ported are as below: (This is approximate data as on date of this document.
Actual data and size would be on the date of switch over to the new system):




No.
No.
No.
No.
of loan accounts
of trusts
of voucher entries
of General Ledger (GL) codes
:
:
:
:
482 accounts
36 Trusts and ISARC
32,000 entries
4,000 codes
Page 21 of 81
Currently data is in following formats:



Accounts data – Tally
Other data – Excel sheets
Entire data from beginning of operations (since 2009) should be ported
in the new system.
o) User training will be required at ISARC’s office.
p) Supply of hardware (Servers)
2. Bidders should also supply and deliver the servers required to run the application.
They should do the hardware sizing for their application solution offered and give
following details of servers required to run the application, in the technical
proposal:
a) Number of servers required
b) Configuration and specification of each server
3. Hardware scope does not include following:
a) Racks for housing the servers
b) Networking hardware / equipment/ LAN set up, etc.
c) Networking, cabling and site preparation (space for data centre, civil works,
airconditioning, etc. will be responsibitily of ISARC.
d) Any other network like leased lines, etc.
e) UPS for the servers
4. Cost of the Hardware listed in technical bid and to be supplied is to be given as
part of commercial bid as per format in this RFP.
5. Bidders can have back to back arrangement with branded and reputed hardware
manufacturers for supply, support and AMC for servers. Such arrangement and
scope of support should be clearly mentioned in the technical bid. ISARC may
require a tripartite agreement to be signed between successful bidder, hardware
supplier and ISARC at the time of final agreement to be signed for execution of
the contract.
6. If bidder changes hardware manufacturer (supply source or brand of hardware)
after being selected as successful bidder, following must be adhered to:
a) If there is change in configuration due to change of supplier / brand, the new
configuration should, at the minimum be NOT LOWER than the one
mentioned in the bidders’ response to RFP, with respect to computing power,
storage size and performance parameters.
b) In case of escalation in cost due to change of Hardware supplier, the increase
in cost will be borne by the bidder. ISARC will restrict the payment to the
successful bidder only to the extent of prices quoted in the commercial
proposal of successful bidder.
Page 22 of 81
4.4.2 Solution Implementation Timelines
Sr.
No.
1
2
Project Phase
Milestone
Date of Completion
A
B
2 weeks from award of contract
A+1 week
C
B+4 weeks
D
C+14 weeks
E
D+4 weeks
F
E+1 week
7
Project initialization
Installation of Existing Software for
Gap analysis
Completion of Study phase and gap
analysis / Business Process Re
engineering
Modification / Development of
customized software on ISARC’s
servers for User Acceptance Testing
User Acceptance Testing and sign
off of customized product
Pilot
Implementation
and
Acceptance
Data Migration and Training
G
8
Production roll out
H
To go on as parallel activity
along with conduct of UAT and
UAT sign off
G+2 weeks
3
4
5
6
1. ISARC at its discretion may extend the times lines as and when necessitated.
4.5
Supply of Software
1. Bidder will deliver current version of the standard software and carry out
modification / customizations based on the requirement arrived at during the
study phase and documented in the Solution Design Document. These must
conform to the requirement mentioned in the list of specifications and which
conform the other terms and conditions mentioned for the product elsewhere in
the document.
4.6
Implementation and Customization of Software
1. Bidder will implement and make available 100% features of all the products being
purchased irrespective of what has been mentioned in the ‘Scope’ or ‘ISARC’s
Requirement’ so that ISARC gains maximum benefit out of its investment made in
this project.
2. Installation of the software (ensuring full functionality) on the servers to be
supplied to ISARC which forms part of this RFP for the purpose will be the
responsibility of Bidder. Bidder will also provide on-site support during Warranty /
AMC period. In case ISARC needs to move the software / database to any other
server in same or a different location, bidder should be able to move / re install
the entire system on new servers at same or different location.
3. Bidder will ensure that any third party software component like windows,
database (e.g. Oracle, etc), middleware software, etc supplied for use in
conjunction with application software required for implementation of the
application products are correctly licensed for use of ISARC.
4.7
ISARC’s Requirements
1. If not already available in the existing standard version of the bidder’s software
product, the following specific requirements to address business process of
ISARC are to be made available to ISARC as part of the implementation.
Page 23 of 81
2. ISARC recognizes that requirement finalization is essential to the process of
effective software upgrade and shall have a significant impact on success of
ongoing operations. Therefore, a list of indicative requirements is listed below. It
may be noted that the list is indicative only and not exhaustive. Irrespective of the
requirements listed below, Bidder shall implement and make available 100%
features of all the products (including customizations made at other Client site)
being deployed at ISARC irrespective of what has been mentioned in the Scope
so that ISARC gains maximum benefit out its investment in this project. An outline
of requirement is given below:
a) Acquisition
Bid / process to acquire portfolio:
i. Details of Bank / entity whose portfolio being acquired.
ii. Bid details – Amount, total portfolio, arrangement (85:15 etc), Resolution
period, Qualitative aspects etc.
iii. Full details of portfolio at loan account level such as amount of loan
outstanding, applicable interest rate, loan repayment schedule and period.
iv. List of assets held for each account – to be entered in the system in a
structured pre-defined format. This will be detailed listing of assets on
which the lending institution / ISARC has lien.
v. Bid details of other bidders – all parameters to be captured in a structured
format.
b) Details of successful bidder and Formation of Trusts
i. Banks / entities from whom loans have been taken over:
Details such as name of the bank, address of the bank, contact person
details, purchase consideration, details of the account acquired along with
outstanding dues, date of becoming NPA, securities available, details of
promoters/guarantors and borrowers, name of the resolution agency (RA)
and advocate handling the case. (One Trust can have funds of more than
one Bank from whom portfolio is taken over).
ii. Issue and management of Security Receipts (SRs) issued for each
trust:
Trust may issue SRs in the following manner:
 Series wise
 Type of SR i.e. Differential class or plain vanilla
iii. Execution of
Document:
Assignment
Agreement, Trust
Deed
and
Offer
Post acquisition formalities such as executing Assignment Agreement,
Trust Deed and Offer Document have to complied with. Draft of such
documents shall be given, only the blanks need to be filled.
iv. Security details:
Security details such as land and building, residential flats, plant and
machinery, current assets, etc. along with the date wise valuation details
(made by ISARC or prior to acquisition) should be tagged to the respective
accounts. Detail of personal guarantee of borrowers and guarantors to be
specified along with the contact details.
Page 24 of 81
v. Bifurcation of expenses:
Post acquisition, expenses that are incurred in respect of the accounts
acquired have to be allocated and apportioned to the respective cases on
certain basis. Expenses may be bifurcated based on specific basis, zonal
basis, purchase consideration basis, live accounts in each trust, etc. Once
the account gets resolved, expenses should not be apportioned to that
account (except specific expenses incurred on behalf of that account).
vi. Bill wise details of Creditors:
Provision for attaching the bills of creditors such as RAs and advocates
should be made. Payments made to them should be readily available and
should be tagged to the respective NPA.
vii. MIS details:
Various details such as recovery facilitated, expenses incurred, cost of
acquisition, etc required by the officials at various points of time either trust
wise or account wise for different purposes should be easily available.
viii. Recovery Commission:
Recovery commission is to be paid to the RA once recovery is facilitated in
the account. Calculation of recovery commission is based on the Bench
Mark Price (BMP) and terms of the facilitator agreement. The software
should calculate the commission payable to the Agency on entering the
BMP, recovery details and percentage of commission.
ix. Calculation of Management Fees, Redemption, Interest on Fixed Deposits
and Interest on Advances.
x. Compliance with all the applicable laws:
The software should comply with the statutory laws. Reminders may be
given at the interval set for payment of statutory dues such as TDS,
Service Tax, Profession Tax, etc. Also applicability of TDS and Service Tax
along with rates, section and Deductee type should be entered.
xi. Generation of Reports:
Generation of internal review reports, RBI reports and Investors report on
quarterly basis.
c) Demographic Details of the Acquired Assets:
i. Every acquired portfolio to be assigned a unique no. for reference across
the system.
ii. Name of trust formed to take over the loan portfolio (From Master list of
trusts created in the system)
iii. Details of company / entity that has been taken over. Details of group
company, where applicable. (Company being taken over may be a part of
Group Company with multiple loans.)
iv. Each loan account to be linked to a company and company group. (One
company can have multiple accounts).
v. Correspondence details with change of address history
vi. Details of contact persons
vii. Promoters details
viii. Share holding pattern
Page 25 of 81
ix. Key person details
x. Year-wise Balance sheet and P & L of the unit that has been taken over
d) Recovery Operations:
i. Visits and inspection of taken over units including the date of visit, name of
the officials gone on visit, activities carried out during the visit, amount
collected during the visit (if any), expenses incurred during the visit, follow
up actions required.
ii. Recovery Monitoring such as viewing the ‘receivables’ statement - with
various combination of parameters like trust wise, location wise etc, issue
demand notices at fixed frequency - for interest and principal (monthly /
quarterly, etc), target setting for interest and principal recovery.
iii. Recovery Collections follow up:
 Allocation of Loan Accounts to a recovery officer (Can be based on
criteria like location, geographical area, outstanding amount range,
etc). A number of loan accounts can be attached to a recovery officer.
 Listing of Accounts to be followed up based on criteria like last call,
months in default, etc
 Follow up log by each officer
 Tele call follow up log
 Recovery visit log
 Summary of follow ups
iv. Takeover by another entity
e) Accounts – Integrated Loan Accounting and Corporate Financial
Accounting:
i. Creation of User Defined General Ledger and Sub Ledger accounts. Every
GL can have multiple sub ledgers.
ii. Accounting vouchers entry such as Receipts, Payments, JVs, RTGS/NEFT
Transfers, etc.
iii. Appropriation of loan re-payments received towards expenses, interest and
principal.
iv. Auto appropriation as per pre-defined policy of ISARC
v. Manual appropriation
vi. Listing of cheque returns
vii. Bank Reconciliation
viii. Loan Account Termination (On full payment)
ix. Daily transaction listing (with combination of parameters like by GL code.,
from date to date, loan account wise etc)
x. Account statement till last transaction entered , for any loan account
xi. Demand notice generation for interest and principal
xii. Loan Ledger for each account
xiii. Bank book
xiv. Cash book
Page 26 of 81
xv. Preparation of final accounts
f) Legal Modules:
i. Legal documentation – Document check list for takeover of a unit
ii. Legal Document check for each immovable security for every account
iii. Monitoring Court cases:
 Cases filed by ISARC
 Cases filed against ISARC
 General or specific to Units taken over
 Tracking of cases:
 Listing court-wise, location / city wise
 Dates of hearing - date-wise, court-wise
 Advocate wise
 Court decisions
 Pendency at any stage with combination of courts, type of case,
lawyer-wise etc.
 Appeals files
 Master list of panel advocates
 Lawyers’ fees – Due, paid and outstanding status
g) Status of a Loan Account:
i. On-line 360 degrees view of any account (taken over unit) covering all
aspects e.g.
 Account status – Payments due, received, outstanding
 Performance of account - Pattern of payment with defaults
 Interest Rate History (Where different rates applicable at different
dates)
 Cheque dishonours listing
 Review decisions
 Legal action details with history
 Current value of primary and collateral security
 List of assets held for an Account
 Reschedulement / Sale of assets of an account
 Personal / 3rd party guarantee details
h) Business Analytics / Decision Support Systems:
i. Data analytics in a proactive manner in all possible combinations of:
 Trusts
 Banks / institutions from which loans taken over
 Macro status of receivables and outflows
 Targets Vs performance in various areas of operation
Page 27 of 81
 MIS on accounts taken over and their performance based on industry,
geographical area etc.
 Sale of acquired assets
 Collation and output of data in any combination required by the
management
 Initial bid vs. actual profits made – for a unit, for a bank, for a trust etc.
i) Pro Active Alerts:
i. Pro active alerts on various aspects like:
 Amounts due and un paid in a timeframe
 Required activities to be performed for seizure and sale
 Court cases
 Any other activities that are time and target bound
j) E- Workflow – Employee Interaction:
i. Log of activities / interactions by employee / department/ group within
ISARC
 With respect to a particular account
 General activities
ii. Inter employee / inter department interaction log
k) Others:
i. Status of accounts, based on the Purchase Consideration, recovery,
expenses, etc.
ii. Attachment of important bills/documents to the respective account
iii. Information to be available at one click
iv. Pop up message and stop the user from proceeding further in case of
mandatory requirement getting affected (such as debit does not equal to
credit, etc), warning message on acceptable data (such as use journal
voucher in case of payments, negative cash balance, etc.)
v. Resolution Agency and advocate handling the account and latest status
vi. Generation of reports as required by the officials (to be specified).
**********
Page 28 of 81
5. Terms and Conditions
5.1
General
1. The Bidder is expected to peruse all instructions, forms, terms and specifications
in this RFP and its Annexures & Appendices. Failure to furnish all information
required in the RFP Document, in the formats prescribed or submission of a
proposal not substantially responsive or submission of unnecessary additional
information or submission of confusing information as part of response to this
RFP document may result in rejection of the bid.
2. At any time prior to the deadline for submission of Bids ISARC may, for any
reason, whether at its own initiative or in response to a clarification requested by
prospective Bidder(s), modify the RFP by amendment and same will be placed on
ISARC’s website & Central Public Procurement Portal (CPPP) as corrigendum/
addendum for information of all prospective Bidders.
3. All such amendment shall become part of the RFP and same will be notified on
ISARC’s website & CPPP. The Bidders are required to have a watch for any such
amendment till the last moment before submitting the bid.
4. ISARC shall be under no obligation to accept the lowest or any other offer
received in response to this RFP and shall be entitled to reject any or all offers
including those received late or incomplete offers. ISARC reserves the right to
make any changes in the terms and conditions. ISARC will not be obliged to meet
and have discussions with any Bidder. However, ISARC, on the request of the
bidders / interested agencies may furnish the reasons for rejecting a tender or
non-issuing a tender document to a prospective bidder.
5. Information provided in this RFP is organized in several sections to bring clarity
and help the reader to understand quickly. However, Bidder must take into
consideration each and every line of this RFP document as a whole while
preparing technical and commercial proposal for the project. Bidder must get the
doubts, if any, clarified by ISARC before submitting the responses. The bids
submitted should be complete in all respect meeting all deliverables under the
project. It will be sole responsibility of the selected service provider to deliver
each and everything as per the scope of the project during the contracted period.
ISARC shall not be responsible in case of bidder’s failure to notice any
information, any requirement is underestimated, not understood or any
requirement is not interpreted in right direction during preparation/submitting the
response.
6. ISARC reserves the right to extend the dates for submission of responses to this
document with intimation on the ISARC’s website and CPPP.
7. Unless agreed to specifically by ISARC in writing for any changes to the RFP
issued, the Bidders’ responses would not be incorporated automatically in the
RFP document.
8. Unless expressly overridden by the specific agreement to be entered into
between the ISARC and the successful Bidder, the RFP shall be the governing
document for arrangement between ISARC and the Bidders.
9. ISARC reserves the right to change the required specifications and ask for the
revised bids or cancel the process without assigning any reasons.
10. The scope of the proposal shall be on the basis of single point responsibility,
completely covering all obligations and providing all deliverables and services
required for successful implementation of the Software specified under this RFP,
on end-to-end solution basis.
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11. The Bidder shall promptly notify ISARC of any event or conditions, which might
delay the completion of implementation work in accordance with the approved
schedule and the steps being taken to remedy such a situation.
12. Depending on requirement, ISARC may decide to move any of the branches,
Data Centre, Disaster Recovery Site, hardware items to any of its locations
during the contract period. Service provider will continue to provide the respective
services covered under this RFP at the new location without any extra cost.
Travel cost to any site of ISARC for project related work may be reimbursed by
ISARC as per mutually agreed terms.
13. Bidder should guarantee that the software and allied components used to service
ISARC are licensed and legal.
14. The Bidder/ Service provider is obliged to give sufficient support to ISARC’s staff,
work closely with ISARC’s staff, act within its own authority, and abide by
directives issued by ISARC in terms of this RFP and subsequent purchased
order/ contract. The Service provider is responsible for managing the activities of
its personnel deployed at ISARC in connection with the services being rendered
under this RFP and subsequent purchased order/ contract, and will be
responsible for any misdemeanors.
15. The Bidder shall have the sole responsibility for fulfilling all obligations and
providing all deliverables and services required for successful implementation of
the Software.
16. The Bidder’s selection under this RFP document is on the understanding that this
RFP contains only the broad provisions for the entire assignment. The Service
provider shall be required to undertake to perform all such tasks, render requisite
services and make available such resources on-site as may be required for/
incidental to the successful completion of the entire assignment.
17. ISARC shall be responsible for timely site readiness for installation of hardware
and software. ISARC agrees that Bidder shall not be in any manner liable for any
delay arising out of ISARC's failure to make the site ready within the stipulated
period.
18. The Bidder shall be responsible for managing the activities of its personnel
or the personnel of its subcontractors/ franchisees and will be accountable for
both. The Bidder shall be vicariously liable for any acts, deeds or things done by
their employees, agents, contractors, subcontractors, and their employees and
agents, etc. which is outside the scope of power vested or instructions issued by
ISARC. Bidder shall be the principal employer of the employees, agents,
contractors, subcontractors etc. engaged by Bidder and shall be vicariously liable
for all the acts, deeds or things, whether the same is within the scope of power or
outside the scope of power, vested under the purchase contract to be issued for
this RFP.
19. No right of any employment shall accrue or arise, by virtue of engagement of
employees, agents, contractors, subcontractors etc. by the Bidder, for any
assignment under the purchase order to be issued for this RFP. All
remuneration, claims, wages, dues etc. of such employees, agents, contractors,
subcontractors etc. of Bidder shall be paid by Bidder alone and ISARC shall not
have any direct or indirect liability or obligation, to pay any charges, claims or
wages of any of Bidder’s employee, agents, contractors, and subcontractors, etc.
The Bidder shall hold ISARC, its successors, Assignees and Administrators fully
indemnified and harmless against loss or liability, claims, actions or proceedings,
if any, that may arise from whatsoever nature caused to ISARC through the
action of its employees, agents, contractors, subcontractors etc.
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20. After award of contract to the successful bidder, a detailed agreement will be
entered into between ISARC and the successful bidder. In addition to other
terms, the agreement will have clearly defined SLAs for post implementation
support.
5.2
Commercial Bid
1. Currency – The Bidder is required to quote in Indian Rupees.
2. Tax & Octroi – The prices quoted would include all costs such as sales tax, VAT,
custom duties, transportation, installation, service tax, education cess etc., that
need to be incurred. However, Octroi/ entry tax, if any, would be paid as on actual
on production of Octroi/ entry tax receipt (in original) in the name of ISARC.
3. While any increase in the rates of applicable taxes or impact of new taxes
subsequent to the submission of commercial bid shall be borne by ISARC, any
subsequent decrease in the rates of applicable taxes or impact of new taxes shall
be passed on to ISARC in its favour. This will remain applicable throughout the
contract period.
4. It would be bidder’s responsibility to identify and factor cost of each and every
commercial item mentioned in this RFP document during submission of
commercial bids. In case of any such item is left out and noticed after completion
of commercial evaluation, the selected bidder (Service Provider) has to provide
the services at its own cost. However, if anything is missed out by ISARC in the
RFP document, ISARC would bear the additional expenditure to avail the
services at the rate mentioned in the commercial bids of the Service Provider for
similar such item.
5. The Commercial Bid should be submitted in the format prescribed in the RFP.
Consideration of commercial bids, not submitted as per requisite format, will be at
the discretion of ISARC.
5.3
Service Delivery
1. To meet ISARC’s requirements, as spelt out in the RFP, the Bidder must have
the requisite experience in providing services in the field of Information
Technology, the technical know-how, and the financial wherewithal that would be
required to successfully provide the services sought by ISARC, for the entire
period of the contract.
2. Selected bidder would be issued ‘Letter of Intent’ (LOI) / ‘Purchase Order’ (PO)
on final selection and completion of internal approval formalities of ISARC.
Immediately after the receipt, the Service provider must go through the same and
give its acceptance by signing on all the pages of the duplicate copy of the LOI/
PO within the stipulated period. A detailed agreement for performance of contract
would be entered into between ISARC and the successful bidder.
3. In addition to providing services as per service window defined in this RFP
document, service provider is required to provide services beyond service
window and on Sundays / Holidays in case of urgent requirement of ISARC
without any extra cost.
4. The Bidder would align its expertise from its respective backend team to attend
any critical technical issue as and when required.
5. Time would be the essence of this RFP and subsequent LOI/ PO issued/ placed
with the Successful Bidder. Therefore, the Bidder must strictly adhere to the
project milestones, failure to which will be considered as breach of the terms and
conditions.
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6. The Bidder undertakes to provide appropriate human as well as other resources
required, to execute various tasks assigned as part of the project, from time to
time.
5.4
Rules for Responding to the RFP
1. All responses should be in English language. All responses by the Bidders to this
RFP document shall be binding on such Bidders till the bid validity.
2. All responses including commercial and technical bids would be deemed to be
irrevocable offers/proposals from the Bidders and may, if accepted by ISARC,
form part of the final contract between ISARC and the selected Bidder. Bidders
are required to attach a ‘Letter of Competence’ from an authorized signatory
attesting their competence and the veracity of information provided in the
responses. Unsigned responses would be treated as incomplete and are liable to
be rejected. Format of letter is given in Annexure–IX.
3. Any part of the response, either technical or commercial bid, submitted by the
bidder cannot be withdrawn / modified after the last date for submission of the
bids unless otherwise asked by ISARC.
4. ISARC reserves the right to call for any additional information and also reserves
the right to reject the proposal of any Bidder, if in the opinion of ISARC, the
information furnished is incomplete or the Bidder does not qualify for the contract.
5. The Commercial and Technical bids will have to be signed on all pages of the bid
by the authorized signatory. Unsigned bids would be treated as incomplete and
would be liable to be rejected.
6. The bidders should obtain necessary permissions and approval from the
customers whose references have been given in their response, for undertaking
site visits and or their obtaining feedback by ISARC.
7. The Bidder must submit the response in the formats mentioned in this RFP and
same should be to the point. ISARC would be at discretion to reject the response
of the bidder in case any part or whole of the response document is found to be
partially or fully incomplete or confusing or misguiding or having irrelevant
additional information.
8. Based on ISARC’s requirements as listed in this document, the Bidders should
identify the best-suited software that would meet ISARC’s requirements and
quote for the same.
9. The bidder shall represent and acknowledge to ISARC that it possesses
necessary experience, expertise and ability to undertake and fulfill its obligations,
under all versions involved in the performance of the provisions of this RFP. The
bidder represents that all software and hardware to be supplied in response to
this RFP meets the requirements. 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 ISARC.
10. The bidder shall represent that the proposed software solution and its
constituents including documentation and/or use of the same by ISARC shall not
violate or infringe the rights of any third party or the laws or regulations under any
governmental or judicial authority. The bidder further represents that the
documentation to be provided to ISARC shall contain a complete and accurate
description of the software, hardware and other materials and services (as
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applicable), and shall be prepared and maintained in accordance with the highest
industry standards. The bidder represents and agrees to obtain and maintain
validity throughout the project, of all appropriate registrations permissions and
approvals, which are statutorily required to be obtained by the bidder for
performance of the obligations of the bidder. The bidder further agrees to inform
and assist ISARC for procuring any registrations, permissions or approvals,
which may at any time during the Contract Period be statutorily required to be
obtained by ISARC for availing services from the bidder.
11. End of support/ Life/ Sale: The bidder has to ensure that hardware / software
supplied as part of this RFP should not have either reached or announced end of
support for at least 5 years from the date of this RFP. In the event if any
equipment supplied by the bidder reaches end of support, within the period of
contract, the bidder has to replace the equipment at no additional cost to ISARC.
The equipment should not be marked End-of-Life/ End-of-Sale during next 12
months.
12. ISARC will not be responsible for any assumptions or judgments made by the
Bidders for arriving at any type of sizing or costing. ISARC at all times will
benchmark the performance of the Bidder to this RFP and the expected service
levels as mentioned herein. In the event of any deviations, the Bidder must make
good the same at no extra costs to ISARC, in order to achieve the desired service
levels as well as meeting the requirements as stipulated in this RFP.
13. Any additional or different terms and conditions proposed by the Bidder would be
rejected unless expressly assented to in writing by ISARC.
14. ISARC would not assume any expenses incurred by the Bidder in preparation of
the response to this RFP and also would not return the bid, except the late bid, to
the Bidder.
15. No extra costs on account of any items or services or by way of any out of
pocket expenses, including travel, boarding and lodging etc. will be payable by
ISARC. The Bidder cannot take the plea of omitting any charges or costs and
later lodge a claim on ISARC for the same.
16. The offers containing erasures or alterations will not be considered. There should
be no hand-written material, corrections or alterations in the offer. Technical
details must be completely filled up. Correct technical information / description
complying with the requirement must be filled in. Filling up of the information
using terms such as “OK”, “accepted”, “offered”, “noted”, “as given in brochure /
manual” is not acceptable. ISARC may treat proposals not adhering to these
guidelines as unacceptable and thereby the proposal may be liable to be
rejected.
17. Responses received become the property of ISARC and can’t be returned.
Information provided by each Bidder will be held in confidence, and will be used
for the sole purpose of evaluating a potential business relationship with the
Bidder.
18. The Bidders shall adhere to the terms of this RFP document and shall not deviate
from the same. If the Bidders have absolutely genuine issues only then should
they provide their nature of non-compliance to the same in the format provided
separately with this RFP. ISARC reserves its right to not to accept such
deviations to the Tender terms, in its sole and absolute discretion.
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5.5
Bid Security and Performance Guarantee
5.5.1 Bid Security / Earnest Money deposit (EMD)
a) All the responses must be accompanied by a refundable interest free security
deposit of ` 1,50,000/- (Rupees One Lakh Fifty Thousand only) in the form
and manner as prescribed elsewhere in this document.
b) Any bid received without EMD in proper form and manner shall be considered
unresponsive and rejected.
c) The Demand Draft/ Pay Order should be of a Scheduled/ Commercial Bank
only and will be accepted subject to the discretion of ISARC.
d) The amount of Earnest money deposit (EMD) would be forfeited in the
following scenarios:
a) In case the Bidder withdraws the bid within the validity period of the bid for
any reason whatsoever;
b) In case the successful Bidder fails to accept the LOI / PO as specified in
this document within 10 working days from the date of LOI / PO for any
reason whatsoever; or
Besides forfeiting the EMD, ISARC may ban the bidder from subsequent
bidding for a period of 3 years.
e) The EMD will be refunded to the unsuccessful bidders subsequent to the
happening of any of the following events:
a) Issue of LOI / PO to selected bidder; OR
b) End of the bid validity period including extended period (if any), whichever
is earlier; OR
c) On signing of contract agreement and providing performance security
from the successful bidder,
whichever is earlier.
f)
Successful bidder will be refunded the EMD amount only after submission of
Performance Bank Guarantee as mentioned in the following section.
5.5.2 Performance Bank Guarantee (PBG)
a) The successful Bidder shall provide an unconditional and irrevocable
performance bank guarantee in the form and manner provided by ISARC
equivalent to 10% of the total order value of the software component
(excluding hardware component) with BG validity up to 90 days from the date
of warranty completion.
b) Initially, Performance Bank Guarantee has to be for a period of 21 months
(including warranty period of 12 months and production roll out of 6 months).
However, in case of any project over run or any other issue of project
timeline, the bidder will have to extend the Performance Bank Guarantee
validity date.
c) The successful Bidder shall provide the performance bank guarantee after
signing contract agreement.
d) In the event of non-performance of obligation or failure to meet terms of this
RFP/ Contract, ISARC shall be entitled to invoke the performance guarantee
without notice or right of demur to the Bidder. The guarantee should be from a
scheduled commercial bank only.
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e) The Project will be deemed complete only when all the services contracted for
by ISARC are delivered, commissioned, implemented, tested and accepted
along with the documentation and training provided to ISARC’s employees in
compliance with the terms of this RFP and subsequent PO.
f)
If the performance bank guarantee is not submitted within the time stipulated
by ISARC, ISARC reserves the right to cancel the order and forfeit the EMD.
g) The Performance Bank Guarantee would be returned to the successful Bidder
after 90 days from the date of production installation roll out on satisfaction of
ISARC that there are no dues recoverable from the successful Bidder.
h) Notwithstanding anything to the contrary contained in the contract, ISARC
shall be at liberty to invoke the Performance Bank Guarantee in addition to
other remedies available to it under the contract / order or otherwise if the
Successful Bidder fails to fulfill any of the terms of contract / order or commits
breach of any terms and conditions of the contract.
i)
5.6
Time shall be the essence of the contract / order, therefore, no extension of
time is anticipated, but if untoward or extraordinary circumstances should
arise beyond the control of the Bidder, which in the opinion of ISARC should
entitle the Bidder to a reasonable extension of time, such extension may be
considered by ISARC at its sole and absolute discretion, however such
extension shall not operate to relieve the Bidder of any of its obligations.
ISARC shall not be liable for any extra financial commitment due to such
extension of time. In case of any such extension, the Bidder would be
required to extend the validity period of the performance guarantee
accordingly.
Delivery Schedule
1. Bidder shall ensure to deliver all the components of the proposed software within
8 (eight) months from the date of the purchase order, at ISARC’s Head Office.
Bidder shall ensure to get the delivery challans, clearly indicating the date of
delivery, signed by the ISARC officials at ISARC’s head office.
2. Delivery of the Goods shall be made by the Supplier in accordance with the terms
of the Purchase order. The bidder should take responsibility of the Goods till it
reaches the delivery destination as informed by ISARC, transport to such place of
destination in India, including insurance and storage, as shall be specified in the
Contract.
3. ISARC will not be in a position to supply Form-C or Form-D and bidder will have
to arrange for Form 31 or 32 or any other road permit, if required, on behalf of
ISARC. Bidder shall arrange the Road Permits or any other document wherever
required. Any letter required for this may be given by ISARC.
5.7
Penalty Clause
1. If the bidder fails to deliver the milestones within the stipulated time frame, ISARC
shall impose a penalty at 1% per week delay or part thereof, of the project cost
subject to maximum of 10% of the total project cost.
5.8
Warranty
1. The bidder will warrant the satisfactory performance software in accordance to
ISARC’s requirements, for a period of 12 months from the date of production roll
out of the software. The bidder will not be paid any additional amount for
providing support services like rectification of bugs, etc during the warranty
period. AMC and product support for the application software will start from the
date of expiry of the warranty period.
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2. If warranty is extended for some reason, Performance Bank Guarantee has to be
extended by the bidder.
5.9
Service Level Agreement
1. The success of service level agreements depends fundamentally on the ability to
measure performance comprehensively and accurately so that credible and
reliable information can be provided to officers and support areas on the service
provided. Service factors must be meaningful, measurable and monitored
constantly. Service level monitoring will be performed by the bidder. Reports will
be produced as and when required and forwarded to ISARC.
2. The Bidder may revise the priority of the request and change the classification
after its review subject to ISARC agreeing for the same. Whenever the
classification and / or priority is modified by the Bidder, ISARC will be informed of
the decision stating the reasoning and / or workaround solution. The table below
provides the service levels that will be provided by the Bidder. The Bidder will
make its best endeavours to maintain these service levels.
3. Depending on the criticality and severity of calls, service levels are defined as
follows:
a)
Emergency Priority: A problem that affects entire organization / network or >
80% users of the software e.g., server crash, severe virus attack, etc.
b)
High Priority: A problem that affects a particular module or group of users
e.g., failure to connect to the server, virus attack on many devices, failure of a
module catering to the group of users, etc.
c)
Low Priority: A problem that affects a typical user, e.g., failure of an
application / module meant for a user, connectivity to the server, etc.
d)
Query: Any enquiry raised which does not impact the working of the
organization e.g., update version of the application, features to be provided in
the advanced version, etc.
4. Following table defines Service Level Targets for Response and Resolution time:
Severity Level
Emergency Priority
High Priority
Low Priority
Query
Response
Time
30 mins
1 hour
2 hours
4 hours
Resolution
Time
48 hours
8 hours
16 hours
16 hours
Calculation
Window
Quarterly
5. Bidder shall ensure following compliance level for each of the Service levels:
Severity Level
Emergency Priority
High Priority
Low Priority
Query
Required Compliance Level
Quarter 1
Quarter 2 onwards
Response Resolution Response
Resolution
Time
Time
Time
Time
96%
97%
97%
98%
94%
96%
96%
97%
93%
95%
94%
96%
93%
95%
94%
96%
6. Actual Response and Resolution time will be measured as follows:
Calls attended within stipulated response time
Response time (%) = --------------------------------------------------------------- X 100
Total number of calls received in the month
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Calls closed within stipulated resolution time
Resolution time (%) = ------------------------------------------------------------- X 100
Total number of calls received in the month
7. Penalty for the quarter will be calculated as:
Penalty amount = Penalty (%) x Total services Cost for respective service area for
the quarter.
8. Applicable Penalty (%) shall be as under:
Shortfall in SLA Target /
Compliance by
<= 1 %
> 1% and <= 3 %
> 3% and <= 5 %
> 5% and <= 6 %
> 6% and <= 8 %
> 8% and <= 10 %
Penalty
(%)
1
3
5
6
8
10
9. Penalty (if any) for breach during Warranty period shall be adjusted from the
payments due, subject to 10% of the amount due for payment.
10. Penalty (if any) for breach during AMC period shall be adjusted from the AMC
payments, subject to 10% of the AMC amount for the period due for payment
(quarterly).
5.10 Expenses
1. It may be noted that ISARC will not pay any amount / expenses / charges / fees /
travelling expenses / boarding expenses / lodging expenses / conveyance
expenses / out of pocket expenses.
2. However for project related work, travelling, boarding and lodging expenses
outside Mumbai, if any, will be mutually discussed and decided depending upon
the need, duration, number of personnel involved, etc.
3. Settlement of bills in such cases will be at rates mutually agreed and
reimbursable against production of tickets and bills. Mumbai will be considered as
the base station for the purpose of travelling.
5.11 Terms of Payment
1. Payment would be settled on the completion (sign-off) of each milestone for
respective module as per the schedule given below. However, first payment to
the bidder will be payable only after submission of Performance Bank Guarantee
for an amount equivalent to 10% of the order value.
Sr.
Payment Phase (on completion)
No.
1. Project initialization – On signing of
agreement
and
providing
of
performance bank guarantee (on the
supplied hardware
2. Study phase and gap analysis and
Business Process Re engineering
3. Modification
/
Development
of
customized software on ISARC servers
Payment % for
Software module
Payment %
for Hardware
10%
75%
10%
-
10%
-
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4.
5.
6.
7.
8.
for User Acceptance Testing
User Acceptance Testing and sign off
of customized product
Pilot Implementation and Acceptance
Data Migration, training and production
roll out
30 days from production roll out,
extension of Performance Bank
Guarantee and after deduction of
penalty
Expiry of Warranty, after deduction of
penalty for breach of SLA during the
warranty period
Total
Payment towards Change Management
1. After
completion
of
UAT
and
implementation
in
production
environment. To be settled on monthly
basis.
15%
10%
-
15%
-
20%
25%
10%
-
100%
100%
Full payment
Not Applicable
2. Payments will be made after deducting TDS / other taxes and applicable penalty,
if any.
3. Octroi / entry tax, if any, shall be paid as on actual on the submission of Octroi /
entry tax receipt in the name of ISARC. Octroi / entry tax payment shall be made
along with the delivery payment of the hardware.
4. The last payment will be released only after the happening of events as
mentioned in the table above and receipt of Performance Bank Guarantee and
also after deducting the penalties and applicable taxes, if any.
5. All the payments including refund of EMD (if submitted in the form of DD / Pay
order) will be made by ISARC Mumbai office, electronically through RTGS /
NEFT. All the bidders should submit duly filled-in & signed [by authorized
signatory and bidder’s banker] Bank Mandate Form as per format prescribed in
Annexure–XV. In case the bidders have already submitted the form with bank in
connection with any other tender / transactions, same need not to be submitted
again and the fact should be clearly mentioned in the General Information about
Bidder in Annexure–II.
5.12 Exit Clause
1. In the eventuality of the selected Service provider not being able to perform the
agreed and contracted tasks / obligations under the signed agreement, or
unilaterally closed the project midway, etc., ISARC reserves the right to take
appropriate action (including legal action; blacklisting the service provider for any
contract award by ISARC or its partners, etc.) in addition to termination of the
contract.
2. In case the default by the Service provider as above,
a) ISARC may, at its sole discretion and at any time terminate the Contract and
inform the Service Provider of ISARC’s decision by written instruction to that
effect after giving a notice of three months for the same. In the event of the
Contract being so terminated, the Service Provider shall take such steps, as
are necessary to bring the Services to an end (including terminating any subcontracts placed by the Service Provider) in a cost effective, timely and
Page 38 of 81
orderly manner. In the event of termination of contract the bidder will assist in
smooth migration to new service provider.
b) The Contract may be terminated by ISARC by notice in writing to the Service
Provider if at any time the Service Provider either directly or through their
servants or agents or consortium partners commit any breach of their
obligations hereunder or being an individual or, where the Service Provider
are a firm, any partner in that firm shall at any time become bankrupt, or shall
have a receiving order or administration order made against them or shall
make any composition or arrangement with or for the benefit of their creditors
or shall make any conveyance or assignment for the benefit of their creditors
or if the Service Provider being a company, an order is made, or a resolution
is passed, for the winding up of the Service Provider, otherwise than a
member’s voluntary winding up for the purpose of amalgamation or
reconstruction (subject to the prior approval of ISARC) or a receiver or
administrator is appointed of the whole or any part of the undertaking of the
Service Provider, ISARC may forthwith terminate the Contract.
5.13 Annual Maintenance Contract
1. After the expiry of the warranty period, ISARC shall have the option of entering
into the AMC / ATS.
2. ISARC shall release separate purchase orders for entering into the AMC / ATS.
3. Payments during the AMC / ATS period shall be made quarterly in arrears after
adjusting the penalty on account of SLA breach, if any.
5.14 Order Cancellation
1. ISARC will provide the Bidder a remedy period of 90 days to rectify a default or
given situation. ISARC will provide in writing the nature of the default to the bidder
through a letter or mail correspondence. The 90 days time period will commence
from the day ISARC has sent such correspondence to the Bidder.
2. ISARC reserves its right to cancel the order in the event of one or more of the
following situations that are not occasioned due to reasons solely and directly
attributable to ISARC alone:
a) Delay in customization / implementation / installation beyond the specified
period that is agreed and prescribed in the purchase order; and
b) Discrepancy in the quality of service / hardware / software expected
during the implementation, rollout and subsequent maintenance process.
c) Failure of the Bidder to make the situation good within the remedy period.
3. In case of order cancellation, any payments made by ISARC to the Bidder would
necessarily have to be returned to ISARC with interest @ 12.75% p.a., from the
date of each such payment. These payments to be returned would refer to those
deliverables that will have to be reversed or redone post the cancellation of the
order.
5.15 Insurance
1. The bidder shall insure the hardware components supplied.
2. The bidder shall ensure to take Comprehensive Insurance till one month beyond
the schedule date of delivery. The equipment shall be fully insured in Indian
Rupees (INR). In case any loss or damage of any nature whatsoever occurs, the
bidder shall be responsible for initiating and pursuing claims and settlement and
also make arrangements for repair and/or replacements of any damaged item/s;
Page 39 of 81
3. The insurance shall be for an amount equal to the total value of equipments
on "all risks" basis, including war risks, fire and theft and robbery clauses.
5.16 Undertaking of Authenticity
1. Bidders shall give an undertaking of authenticity as per Annexure–XVI, to ensure
the following:
a) That the hardware delivered to ISARC including all components and
attachments are original/ brand new from respective OEMs and that no
refurbished / duplicate / second hand components / parts / assembly /
software are being used or shall be used.
b) That software supplied with the system, the bidder should ensure that the
same is licensed and legally obtained with valid documentation from
respective OEMs.
5.17 Manufacturer’s Authorisation Form (MAF)
1. The bidder should furnish a letter in the format as per Annexure–XVII from
original equipment manufacturer authorizing the bidder to quote for OEM’s
product in response to the RFP from ISARC. The said letter should also offer to
extend the required warranty from the respective OEM in respect of the items
being quoted.
5.18 Rules for Evaluation of Responses
1. To assist in the scrutiny, evaluation and comparison of responses / offers, ISARC
may, at its discretion, ask some or all Bidders for clarifications on their offers. The
request for such clarifications and the response will necessarily be in writing.
ISARC has the right to disqualify the Bidder whose clarification is not received by
ISARC within the stipulated time or is found not suitable to the proposed project.
2. Bidders are requested to be prepared to demonstrate, through presentations
and/or site visits, as part of the final evaluation in accordance with the responses
given for the identified requirements.
3. ISARC may appoint the services of an external consultant for evaluation of the
bids.
4. Bidders must not present any reference as credential for which it is not in a
position to present the verifiable facts / documents because of any non-disclosure
agreement with its other customer or any other reason whatsoever. ISARC would
not consider any statement as a credential if same cannot be verified as per its
requirement for evaluation.
5. ISARC may at its absolute discretion exclude or reject any proposal that in the
reasonable opinion of ISARC contains any false or misleading claims or
statements. ISARC shall not be liable to any person for excluding or rejecting any
such proposal.
6. ISARC reserves the right to reject any proposal in case same is found incomplete
or not submitted in the specified format given in this RFP document. ISARC
would not give any clarification / explanation to the concerned bidder in case of
such rejection.
7. ISARC reserves the right to modify the evaluation process at any time during the
Tender process (before submission of technical and commercial responses by
the prospective bidder), without assigning any reason, whatsoever, and without
any requirement of intimating the Bidders of any such change.
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8. ISARC will award the Contract to the successful Bidder whose bid has been
determined to be substantially responsive and has been determined as the best
bid, provided further that the Bidder is determined to be qualified to perform the
contract satisfactorily. However, ISARC shall not be bound to accept the best bid
or any bid and reserves the right to accept any bid, either wholly or in part, as it
may deem fit.
5.19 Consortium / Sub-Contractor
1. Delivery of all the services as per the scope of this RFP shall be the sole
responsibility of the bidder. Consortium or sub-contractor arrangement in any
form is strictly not allowed. ISARC will not entertain any submissions from the
bidders in this regard.
5.20 Corrupt and Fraudulent Practice
1. As per Central Vigilance Commission (CVC) directives, it is required that Bidders
/ Suppliers / Contractors observe the highest standard of ethics during the
execution of this RFP and subsequent contract(s). In this context, the bidders to
note the following:
a) “Corrupt Practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of an official in the procurement
process or in contract execution.
b) “Fraudulent Practice” means a misrepresentation of facts in order to influence
a procurement process or the execution of contract to the detriment of ISARC
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 ISARC of the benefits of free and open competition.
c) ISARC reserves the right to declare a bidder ineligible, either indefinitely or for
a stated period of time, to be awarded a contract, if at any time it determines
that the bidder has engaged in corrupt or fraudulent practices in competing for
or in executing the contract.
5.21 Waiver
1. No failure or delay on the part of either party relating to the exercise of any right
power privilege or remedy provided under this RFP or subsequent agreement
with the other party shall operate as a waiver of such right, power privilege or
remedy or as a waiver of any preceding or succeeding breach by the other party
nor shall any single or partial exercise of any right power privilege or remedy
preclude any other or further exercise of such or any other right power privilege or
remedy provided in this RFP all of which are several and cumulative and are not
exclusive of each other or of any other rights or remedies otherwise available to
either party at law or in equity.
5.22 Violation of Terms
1. ISARC clarifies that ISARC shall be entitled to an injunction, restraining order,
right for recovery, specific performance or such other equitable relief as a court of
competent jurisdiction may deem necessary or appropriate to restrain the Bidder
from committing any violation or enforce the performance of the covenants,
obligations and representations contained in this RFP. These injunctive remedies
are cumulative and are in addition to any other rights and remedies ISARC may
have at law or in equity, including without limitation a right for recovery of any
amounts and related costs and a right for damages.
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5.23 Confidentiality
1. This RFP contains information proprietary to ISARC. Each recipient is entrusted
to maintain its confidentiality. It should be disclosed only to those employees
involved in preparing the requested responses. The information contained in the
RFP may not be reproduced in whole or in part without the express permission of
ISARC. The Bidders shall submit a Non-Disclosure Agreement as per
Annexure–XIV on non-judicial stamp paper of appropriate value at the time of
submission of bids.
2. In case the selected bidder acts in extending similar services to multiple
customers, bidder shall take care to build strong safeguards so that there is no
co-mingling of information, documents, records and assets related to services
within the ambit of this RFP and subsequent purchase order.
5.24 IPR Infringement
1. As part of this project, bidder / service provider will deliver different software, if
the use of any such software by / for ISARC, infringes the intellectual property
rights of any third person, Service provider shall be primarily liable to indemnify
ISARC to the extent of direct damages against all claims, demands, costs,
charges, expenses, award, compensations etc. arising out of the proceedings
initiated by third party for such infringement, subject to the condition that the claim
relates to Software provided/used by Bidder / Service provider under this project.
5.25 Limitation of Liability
1. Save and except the liability under Section of ‘IPR Infringement’ and / or
indemnity provision in Clause 5.24 herein above, in no event shall either party be
liable with respect to its obligations for indirect, consequential, exemplary,
punitive, special, or incidental damages, including, but not limited to, loss of data /
programs or lost profits, loss of goodwill, work stoppage, computer failure, loss of
work product or any and all other commercial damages or losses whether directly
or indirectly caused, even if such party has been advised of the possibility of such
damages. The aggregate liability of the Service Provider, arising at any time
under this Agreement shall not exceed the order value.
5.26 Rights to Visit
1. All records of the Bidder with respect to any matters covered by this Tender
document/subsequent order shall be made available to ISARC or its designees at
any time during normal business hours, as often as ISARC deems necessary, to
audit, examine, and make excerpts or transcripts of all relevant data.
2. ISARC, including its regulatory authorities like Reserve Bank of India (RBI), etc.,
reserves the right to verify, through their officials or such other persons as ISARC
may authorize, the progress of the project at the development / customization site
of the Bidder or where the services are being rendered by the bidder.
3. ISARC and its authorized representatives, including regulator like RBI shall have
the right to visit any of the Bidder’s premises with prior notice to ensure that data
provided by ISARC is not misused. The Bidder will have to co-operate with the
authorized representative/s of ISARC and will have to provide all information/
documents required by ISARC.
5.27 Audit
1. The bidder shall allow ISARC, its authorized personnel, its auditors (internal and
external), authorized personnel from RBI / other regulatory & statutory authorities,
and grant unrestricted right to inspect and audit its books and accounts, to
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provide copies of any audit or review reports and findings made on the service
provider, directly related to the services. In case any of the services are further
outsourced/assigned/ subcontracted to other bidders, it will be the responsibility
of the bidder to ensure that the authorities / officials as mentioned above are
allowed access to all the related places, for inspection and verification.
5.28 Compliance with Statutory and Regulatory Provisions
1. It shall be the sole responsibility of the Bidder to comply with all statutory and
regulatory provisions while delivering the services mentioned in this RFP, during
the course of the contract.
5.29 Taxes and Duties
1. The Bidder shall be entirely responsible for all applicable taxes, duties, levies,
charges, license fees, road permits, etc. in connection with delivery of products at
site including incidental services and commissioning.
2. The bidder must also ensure that all applicable laws framed by the Central
Government, State Government and Local Bodies, including payment of
applicable minimum wages and all laws pertaining to contract employees / labour
laws are complied with while providing caretaker services. The selected bidder
may have to execute an indemnity bond in favour of ISARC in this regard.
3. Providing clarifications / particulars / documents, etc. to the appropriate tax
authorities for assessment of tax, compliance with labour and other laws, etc will
be the responsibility of the bidder at his cost.
4. Tax deduction at Source - Wherever the laws and regulations require deduction
of such taxes at the source of payment, ISARC shall effect such deductions from
the payment due to the Bidder. The remittance of amounts so deducted and
issuance of certificate for such deductions shall be made by ISARC as per the
laws and regulations in force. Nothing in the Contract shall relieve the Bidder from
his responsibility to pay any tax that may be levied in India on income and profits
made by the Bidder in respect of this contract.
5.30 Right of Publicity
1. Any publicity by the Bidder in which the name of ISARC is to be used should be
done only with the explicit written permission of ISARC.
5.31 Resolution of Dispute
1. ISARC and the Bidder shall make every effort to resolve amicably by direct
informal discussion, any disagreement or dispute arising between them under or
in connection with the Agreement. If, after thirty (30) days from the
commencement of such informal discussions, ISARC and Bidder have been
unable to resolve the dispute amicably, either party may require that the dispute
be referred for resolution to the formal mechanisms specified herein below.
These mechanisms may include, but are not restricted to, conciliation mediated
by a third party and/or adjudication in an agreed forum.
2. The dispute resolution mechanism to be applied shall be as follows:
a) In case of Dispute or difference arising between ISARC and Successful
Bidder relating to any matter arising out of or connected with this RFP and/or
the subsequent agreement, such disputes or difference shall be settled in
accordance with the Arbitration and Conciliation Act, 1996 by an independent
third party arbitrator mutually appointed by both the parties.
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b) Arbitration proceedings shall be held at Mumbai, India, and the language of
the arbitration proceedings and that of all documents and communications
between the parties shall be English;
c) The cost and expenses of Arbitration proceedings will be equally shared and
paid by the parties.
3. The Agreement shall be interpreted in accordance with the laws of the India and
the Parties agree to submit to the courts of Mumbai.
4. No conflict between the Bidder and ISARC shall cause cessation of services.
Only by mutual consent the services will be withdrawn.
5.32 Force Majeure
1. Successful Bidder shall not be liable for forfeiture of its performance security,
liquidated damages or termination for default, if and to the extent that it’s delay in
performance or other failure to perform its obligations under the contract/ order
subsequent to this RFP is the result of an event of Force Majeure.
2. If a Force Majeure situation arises, successful bidder shall promptly notify ISARC
in writing of such conditions and the cause thereof within twenty calendar days.
Unless otherwise directed by ISARC in writing, successful bidder shall continue to
perform its obligations as per the order placed subsequent to this RFP as far as it
is reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
3. In such a case, the time for performance shall be extended by a period(s) not less
than the duration of such delay. If the duration of delay continues beyond a
period of three months, ISARC and the successful bidder shall hold consultations
with each other in an endeavor to find a solution to the problem.
4. In the event of the Force Majeure conditions continuing for a period of more than
three months the parties shall discuss and arrive at a mutually acceptable
arrangement.
5.33 Indemnity
1. The Bidder / successful bidder shall indemnify ISARC, and shall always keep
indemnified and hold ISARC, its employees, personnel, officers, directors,
harmless from and against any and all losses, liabilities, claims, actions, costs
and expenses (including attorneys' fees) relating to, resulting directly or indirectly
from or in any way arising out of any claim, suit or proceeding brought against
ISARC as a result of:
a) ISARC’s authorized/ bona fide use of the Deliverables and /or the Services
provided by Bidder under this RFP document; and/or
b) An act or omission of the Bidder, employees, agents, sub contractors in the
performance of the obligations of the Bidder under this RFP document; and/or
c) Claims made by employees or subcontractors or subcontractors’ employees,
who are deployed by the Bidder, against ISARC; and/or
d) Breach of any of the term of this RFP document and/or of the agreement to
be entered subsequent to this RFP or breach of any representation or false
representation or inaccurate statement or assurance or covenant or warranty
by the successful Bidder under this RFP document and/or of the agreement
to be entered subsequent to this RFP; and/or
e) Any or all Deliverables or Services infringing any patent, trademarks,
copyrights or such other Intellectual Property Rights; and/or
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f)
Breach of confidentiality obligations of the Bidder contained in this RFP
document; and/or
g) Negligence, fraudulence activities or gross misconduct attributable to the
bidder or its employees or sub-contractors; and/or
h) The use of unlicensed and illegal Software and/or allied components by the
successful Bidder
2. The Bidder will have to at its own cost and expenses defend or settle any claim
against ISARC that the Deliverables and Services delivered or provided under
this RFP document infringe a patent, utility model, industrial design, copyright,
trade secret, mask work or trade mark in the country where the Deliverables and
Services are used, sold or received, provided ISARC:
a) Notifies the Bidder in writing; and
b) Cooperate with the bidder in the defense and settlement of the claims.
3. The Bidder shall not be liable for defects or non-conformance resulting from:
a) Software, hardware, interfacing not approved by Bidder; or
b) Unauthorized modification of Software or any individual product supplied
under this RFP document, or ISARC’s failure to comply with any mutually
agreed environmental specifications.
c) Use of a Deliverable in an application or environment for which it was not
designed or not contemplated under this Agreement;
d) Modification of a deliverable by anyone other than the bidder where the
unmodified version of the deliverable would not be infringing.
5.34 Public Procurement Policy on Micro and Small
Enterprises (MSEs)
1. ISARC is governed by provisions of the Public Procurement Policy for Micro and
Small Enterprises (MSEs) as circulated by The Ministry of MSME, GoI.
2. These provisions shall be applicable to Micro and Small Enterprises (MSEs)
registered with District Industries Centers or Khadi and Village Industries
Commission or Khadi and Village Industries Board or Coir Board or National
Small Industries Corporation or Directorate of Handicrafts and Handloom or any
other body specified by Ministry of Micro, Small and Medium Enterprises
(MSMEs).
3. Such MSEs would be entitled for exemption from furnishing tender fee and
earnest money deposit (EMD). In case of any issue on the subject matter, the
MSE’s may approach the tender inviting authority to resolve their grievances.
4. Agencies/ Bidders desirous of availing exemptions/ preference under above
provisions should submit a copy of proof of Registration as MSEs/ and ownership
of the same by SC/ST along with the tender/RFP.
**********
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6. Eligibility Criteria
6.1
1. Proposals not complying with the prescribed ‘Pre-qualification / Eligibility
Evaluation’ and not submitted as per Annexure–III are liable to be rejected and
will not be considered for further evaluation. The proposal should adhere to the
following Pre-qualification / Eligibility E valuation:
a) The bidder must be a Government organization / Public sector unit / Limited
Company / Private Limited Company having its Registered Office in India.
b) The bidder is registered as IT / ITES Company for at least 3 years in India as
on the date of the RFP.
c) The Bidder should provide support / maintenance / up gradation during the
period of contract with ISARC.
d) The Bidder should have successfully delivered at least one project of
minimum order value of ` 50 lakh (software value).
e) The bidder should have positive net worth and cash profit (i.e. no cash loss)
in 2 years out of last 3 years.
f)
The bidder has implemented at least one similar software in last 5 years in
Financial Institutions / Banks / NBFCs / Government organization / ARC /
Insurance Companies, etc. on 3 tier architecture with central servers at HO
and branch offices in different cities and the software is currently in operation
as on the date of RFP.
g) The bidder should not have been black-listed by any Public Sector Bank, RBI
or IBA or any other Government agencies during the last five years. Bidder
must certify to that effect.
h) The bidder should be either an ISO 9001:2008 certified company or minimum
CMM 3 level.
6.2
Technical Bid
Technical bid should contain following details at the minimum:
1. Brief about the bidder’s company
2. Software products developed and deployed in financial sector, mainly ARCs /
Banks / FIs / NBFCs
3. Project management, execution, control and tracking methodology.
4. Technology, architecture, and environment software to be used with version of
each of environmental software
5. Project schedule and plan with envisaged milestones and timelines
6. Implementation & Training plan
7. AMC and support including support for managed services installation and
maintenance of database and application servers, OS, web servers, security,
data integrity problems, reinstallations, patch management and upgrades, back
up, restoration in case of crash, etc.
8. Hardware configuration and specifications as per sizing of the application
software
9. Format for Software Functionality parameter matrix is attached as Annexure–VI.
10. Any other relevant information.
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6.3
Commercial Bid
1. The commercial bids should be submitted as per Annexure–V. Commercial bids
not found to be submitted in the prescribed format and in accordance with the
terms of this RFP, shall be declared as ‘Non-responsive’ and hence shall be
rejected.
************
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7. Evaluation Methodology
7.1
Evaluation Process
1. ISARC has adopted a Three (3) bid evaluation process in which the Bidder has to
submit following bids in separate envelopes at the time of submission of bids as
stipulated in this document.
a) Pre-qualification / Eligibility Evaluation
b) Technical Bid
c) Commercial Bids
2. ISARC shall evaluate first the ‘Pre-qualification / Eligibility Evaluation’ bids
and based on its evaluation, ‘Technical Bids’ shall be undertaken for evaluation
at the second stage. Based on the outcome of Technical evaluation,
‘Commercial Bids’ shall be opened for the technically qualified proposals only.
The final selection will be done based on the commercial evaluation of
technically short listed bidders. Those who do not qualify the Pre-qualification /
Eligibility Evaluation will not be considered for further evaluation.
3. The evaluation by ISARC will be undertaken by a Committee of Officials or/and
representatives formed by ISARC and its decision will be final.
4. During evaluation of Bids, ISARC, at its discretion, may ask the Bidders for
clarifications of their Bids. The request for clarification and the response shall be
in writing (Letter/e-mail), and it should be submitted within the time stipulated by
ISARC. No change in the price of substance of the Bid shall be sought, offered or
permitted.
5. Normalization – ISARC reserves the right to go for normalization process after
technical evaluation and accordingly may request all the bidders to submit
revised bid (technical or commercial or both) to avoid any possible ambiguity in
evaluation process or make apple-to-apple comparison or to bring further
transparency in the evaluation process.
7.2
Preliminary Examinations
1. ISARC will examine the Bids to determine whether they are complete, the
documents have been properly signed, supporting papers / documents attached
and the bids are generally in order.
2. ISARC may, at its sole discretion, waive any minor infirmity, nonconformity or
irregularity in a Bid which does not constitute a material deviation, provided such
a waiver does not prejudice or affect the relative ranking of any Bidder.
3. Prior to the detailed evaluation, ISARC will determine the substantial
responsiveness of each Bid to the Bidding document. For purposes of these
Clauses, a substantially responsive Bid is one, which conforms to all the terms
and conditions of the Bidding Document without material deviations. Deviations
from or objections or reservations to critical provisions, such as those concerning
Bid security, bid price, qualification criteria, insurance, Force Majeure, etc will be
deemed to be a material deviation. ISARC’s determination of a Bid's
responsiveness is to be based on the contents of the Bid itself, without recourse
to extrinsic evidence. ISARC would also evaluate the Bids on technical and
functional parameters including possible visit to inspect live site(s) of the bidder,
witness demos, bidder’s presentation, verify functionalities / response times, etc.
4. If a Bid is not substantially responsive, it will be rejected by ISARC and may not
subsequently be made responsive by the Bidder by correction of the
nonconformity.
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5. The Bidder is expected to examine all instructions, forms, terms and
specifications in the Bidding Document. Failure to furnish all information required
by the Bidding Document or to submit a Bid not substantially responsive to the
Bidding Document in every respect will be at the Bidder's risk and may result in
the rejection of its Bid.
7.3
Evaluation of Pre-qualification / Eligibility Evaluation
1. Bids submitted by all the bidders would be evaluated for eligibility as mentioned in
the ‘Pre-qualification / Eligibility Evaluation’ section. Bids not complying with
the Pre-qualification / Eligibility Evaluation are liable to be disqualified / rejected
and will not be considered for further evaluation.
2. Bidders must submit the proof of all the credentials as required for evaluation of
eligibility criteria. Claims of the bidders without verifiable facts may be rejected as
credentials towards satisfying eligibility criteria.
3. Successful bids out of this stage would be considered for technical evaluation.
4. Pre-qualification / Eligibility Evaluation shall be carried out on the following
parameters & sub-parameters:
7.4
Sr.
No.
Parameters / Sub-parameters
1
The Bidder is a government organization / Public sector unit / Limited
Company / Private Limited Company having its Registered Office in India.
2
The bidder is registered as IT / ITES Company for at least 3 years in India
as on the date of the RFP.
3
The bidder should provide support / maintenance / up-gradation during the
period of contract with ISARC.
4
The Bidder should have successfully delivered at least one project of
minimum order value of ` 50 lakh (software value).
5
The bidder should have positive networth and cash profit (i.e. no cash loss)
in 2 years out of last 3 years.
6
The bidder has implemented at least one similar software in last 5 years in
Financial Institutions / Banks / NBFCs / Government organization / ARC /
Insurance Companies, etc. on 3 tier architecture with central servers at HO
and branch offices in different cities and the software is currently in
operation as on the date of RFP.
7
The bidder should not be black-listed by any Public Sector Bank, RBI, IBA
or any other Government agencies during the last 5 years.
8
The bidder should be either an ISO 9001:2008 certified company or
minimum CMM 3 level.
Evaluation of Technical Bids
1. The technical bids will be evaluated for determining the continued eligibility of the
Bidder for Project and compliance of the bids with the necessary technical
requirements and scope of work of this tender.
2. ISARC may waive off any minor infirmity or nonconformity or irregularity in a bid,
which does not constitute a material deviation, provided such a waiving, does not
prejudice or affect the relative ranking of any bidder.
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3. ISARC may seek specific clarifications from any or all the Bidder(s) at this stage.
All the clarifications received within the stipulated time shall be considered for
evaluation. In case satisfactory clarifications are not received from the bidders
within the stipulated time, the respective technical parameters would be treated
as non-compliant and decision to qualify the bidder shall be accordingly taken by
ISARC.
4. The shortlisted bidders will be called for presentation on the software based on
the technical bids submitted by them to make an evaluation. Such presentations
will become part of the technical bid. ISARC will not pay/ reimburse any
expenditure incurred by the bidder for arranging the demonstration, presentations
or site visits.
5. During technical evaluation, ISARC may interact with the customer references
submitted by the bidder.
6. The technical bid will be analyzed and evaluated w.r.t. the software and its
components complying with the specifications, features and functionalities as
prescribed in the Technical Bid.
7. Besides ensuring the compliance parameters in the Pre-qualification / Eligibility
Evaluation, further technical evaluation shall be carried out on the following
parameters & sub-parameters:
Sr.
No.
1.
Parameters/
Sub-parameters
Over all fit of existing software of
the bidders to requirements of
ISARC for business functionality
To be calculated as:
Max.
Marks
30
Marks assigned
Based on marks
obtained as per
Annexure–VI
Marks obtained as per Annexure–VI
---------------------------------------------- X 30
Total marks as per Annexure–VI
2.
3.
4.
Project Implementation Plan
submitted vis-à-vis scope of
work & implementation schedule
10
Demonstration
of
in-depth
understanding
of
ISARC’s
requirements
through
the
Technical
proposal
and
presentation
Whether the bidder is owner of
software solution offered and is
owner of the IPR of the
application software or is
development / business partner
with
industry
database
measures (for e.g. Oracle, My
SQL, etc.) for single point
support for application system
(mention names of principals)
10
Remarks
Bidder
should
furnish
implementation
plan
Subjective
evaluation
10
If Owner
10
If
development
or business
partner
5
If none
0
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5.
Has the bidder developed and
implemented at least one similar
type of software Solution in any
of the Financial Institutions /
Banks / NBFCs / Government
organization / ARC / Insurance
Companies, etc in India having
branches spread across multiple
locations, in last five years and
the solution is currently in
operation as on date of RFP.
Location of the office with
availability of technical support
engineers.
10
Implementati
on in multiple
branch
locations
5
6.
7.
8.
9.
Is the Bidder an MSE Company
5
Has the bidder developed and
implemented at least one similar
type of software Solution on
RDBMS with 3 tier deployment
architecture with central servers
at Head office and users
connecting to central server
from multiple locations across
India.
Will the bidder provide one
point service for all services
mentioned
under
‘scope’
including DBA services on
ongoing basis
10
Total
100
Implementati
on only in
one branch /
Head office
Office in
Mumbai /
Thane / Navi
Mumbai
Office not in
Mumbai /
Thane / Navi
Mumbai
If yes
If not
10
5
5
2
5
0
Yes
10
No
5
Yes
10
No
5
10
8. The technical bid will be analyzed and evaluated, based on which the Relative
Technical Score (RSTech) shall be assigned to each bid on the basis of
parameters mentioned above.
9. Relative Technical Score (RSTech) for each bidder will be calculated as follows
based on above parameters:
RSTech = T / Thigh * 100
where,
RSTech = Relative score obtained by the bidder
T
= Technical score obtained by bidder
Thigh = Highest Technical score secured among the bidders.
10. Technical Bids receiving RSTech greater than or equal to a score of 75 (cut-off
marks) would be shortlisted for commercial evaluation.
11. In the event there are less than three bidders securing 75 or more, ISARC
reserves the right to shortlist top three bidders for commercial evaluation.
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7.5
Evaluation of Commercial Bids and selection of bidder
1. In this phase, the Commercial Bids of the Bidders, who are found technically
qualified in previous phase, will be considered for commercial evaluation.
2. The date for opening of commercial bids will be separately advised.
3. The bidder with the lowest Total Cost of Ownership (TCO) will be selected
subject to the acceptance/ compliance of all other terms and conditions defined in
this RFP document.
7.6
Arithmetic Errors Correction
1. Arithmetic errors, if any, in the price break-up format will be rectified on the
following basis:
a) If there is discrepancy between the unit price and the total price, which is
obtained by multiplying the unit price with quantity, the unit price shall prevail
and the total price shall be corrected unless it is a lower figure.
b) If there is discrepancy in the unit price quoted in figures and words, the unit
price, in figures or in words, as the case may be, which corresponds to the
total bid price for the item shall be taken as correct.
c) If the bidder has not worked out the total bid price or the total bid price does
not correspond to the unit price quoted either in words or figures, the unit
price quoted in words shall be taken as correct.
d) If the unit price quoted by the bidder in figures and in words are equivalent but
the total bid price of the item has not been worked out correctly, the unit price
quoted by the bidder shall be taken as correct.
e) The bidders, for whom arithmetic corrections are warranted / required, must
accept the arithmetic corrections in writing / mail, within a specified date and
time as may be decided by ISARC, or their bid should be rejected.
**********
Page 52 of 81
Annexure–I. Bid Covering Letter
(To be submitted on Bidder’s company letter head)
Date:
India SME Asset Reconstruction Company Limited,
1004, 10th Floor, Naman Centre,
Plot No. C-31, G Block,
Bandra Kurla Complex (BKC), Bandra (E)
Mumbai – 400 051
Dear Sir,
(RFP No.: ISARC/RFP/2015/002 dated May 11, 2015)
We, the undersigned bidders, having read and examined the aforesaid RFP document in
detail, do hereby propose to extend the services as specified in the above mentioned Tender
document and submit the following as per requirement:
1. Bid Price: We have enclosed a Demand Draft/ banker’s cheque of the sum of ` 1,000/(Rupees One Thousand only) towards non-refundable bid price.
2. Earnest Money Deposit (EMD): We have enclosed a Demand Draft / banker’s cheque/
Bank Guarantee (BG) of the sum of ` 150,000/- (Rupees One Lakh Fifty Thousand only)
towards EMD. This EMD is liable to be forfeited in accordance with the provisions mentioned in
the RFP.
3. Pre-qualification / Eligibility Evaluation, Technical bid and Commercial bid inside
separate envelopes, in prescribed formats.
We hereby declare that our bid is made in good faith, without collusion or fraud and the
information contained in the bid is true and correct to the best of our knowledge and belief.
We also undertake to have read, understood and accepted the terms and conditions
specially those related to evaluation and selection processes mentioned in the RFP except the
points mentioned in Annexure–VIII (Statement of Deviations) in our bid response. Having
submitted our response to the aforesaid RFP, we also understand not to have any option to
raise any objection against any of the said processes defined in the RFP in any future date. We
understand that our bid is binding on us and persons claiming through us and that you are not
bound to accept a bid you receive.
Thanking you,
Yours sincerely,
Date
Place
Signature of Authorized Signatory …
Name of the Authorized Signatory …
Designation …
Name of the Organisation …
Seal …
Page 53 of 81
Annexure–II. General Information about Bidder
Details of the Bidder (Company)
1
Name of the Bidder
2
Address of the Bidder
3
Status of the Company (Public Ltd/ Pvt. Ltd)
Date:
Ref.#
Date:
Ref.#
4
Details of Incorporation of the Company
5
Details of Commencement of Business
6
7
8
9
10
11
12
Sales tax registration no.
Service tax registration no.
Employee Provident Fund (EPF) Registration no.
Employee State Insurance (ESI) no.
Permanent Account Number (PAN)
Bank Mandate Form Status <tick appropriate>:
13
Name & Designation of the contact person to whom all references shall be
made regarding this tender and in whose name the power of attorney has been
issued.
Telephone No. (with STD Code) & E-Mail of the contact person
Fax No. (with STD Code)
MSE Status as per the definition at clause 5.34 of the RFP <tick appropriate>:
Company does not qualify the status of MSE.
Company does qualify the MSE status. Relevant document is attached herewith. <please
attach MSE registration certificate or a certificate from Chartered Accountant>.
Company website
Contact details of at least one customer from the Financial Institutions / Banks / NBFCs /
Government organization / ARC / Insurance Companies, etc, where the bidder / OEM has
implemented similar type of Application Software in India/ Global in last five years and the software is
currently in operation as on date of RFP.
Name & Address of
Name & Designation of the
Phone No.
E-mail Fax No.
the Customer
contact person
14
15
16
i
ii
17
Already Submitted with ISARC
Being submitted herewith as per format
Bank Account Details as in Bank Mandate Form:
S.N.
Bank Name and Branch
Account Type / No.
IFSC Code
Original Equipment Manufacturer (OEM) (only for Hardware component) Details:
Name & Address of
OEM for (Name the
Contact details
No. of technical
the OEM
hardware component)
& address of
support staff at
OEM in India
India Office
Whether
MAF
attached
(Yes/ No)
i
ii
Date
Place
Designation …
Name of the Organization …
Seal …
Page 54 of 81
Annexure–III. Pre-qualification / Eligibility Evaluation
Sr.
No.
1.
Eligibility Criteria
Compliance
(Y / N)
Remarks
The bidder is a government organization / Public sector unit/
Limited Company/ Private Limited Company having its
Registered Office in India.
(Copy of Certificate of Incorporation and Commencement of business in
case of Public Limited Company or Certificate of incorporation in case
Private Limited Company, issued by the Registrar of Companies.)
2.
The bidder is registered as IT / ITES company in India and
should have been in existence for at least 03 years in India
as on the date of this RFP.
3.
The bidder should provide support / maintenance / upgradation during the period of contract with ISARC.
4.
The Bidder should have successfully delivered at least one
project of minimum order value of ` 50 lakh (software
value).
The bidder should have positive networth and cash profit
(i.e. no cash loss) in 2 years out of last 3 years.
5.
(Certificate of auditors / Chartered Accountant for last three years
mentioning the turnover, net worth and cash profit.)
6.
7.
Financial Details (as per audited Balance Sheet) (` in lakh)
Year
2011-12
2012-13 2013-14
Net Worth
Turn Over
PAT
The bidder has implemented at least one similar software in
last 5 years in Financial Institutions / Banks / NBFCs /
Government organization / ARC / Insurance Companies,
etc. on 3 tier architecture with central servers at HO and
branch offices in different cities and the software is currently
in operation as on the date of RFP.
(Certificate / relevant documents from the customer where the software is
implemented and currently in operation, to be produced)
8.
The bidder is not black-listed by any Public Sector Bank,
RBI or IBA or any other Government agencies during the
last five years.
(A declaration to this effect is to be provided by the bidder)
9.
The bidder should be either an ISO 9001:2008 certified
company or minimum CMM 3 level.
(Copy of the valid certificate to be submitted)
Page 55 of 81
Annexure–IV. Technical Bid
Sr. No.
Particulars
1.
Over all fit of existing software of the
bidders to requirements of ISARC for
business functionality.
2.
Project Implementation Plan vis-à-vis scope
of work and implementation schedule (To
be provided separately by the Bidder)
3.
Demonstration of in depth understanding of
ISARC’s requirements through technical
proposal and presentation.
4.
Whether the bidder is Developer / business
partner with data base and application
software (environmental solution offered
(environmental software) (e.g. Oracle, My
SQL, etc. - partner of database software on
which bidder’s software is developed) for
single point support for the application
system.
6.
Has the bidder developed and implemented
at least one similar type of software Solution
in any of the Financial Institutions / Banks /
Govt. Organizations / Insurance Companies
in India having branches spread across
multiple locations, in last two years and the
solution is currently in operation.
7.
Location of the office with availability of
technical support engineers.
8.
Has the bidder developed and implemented
at least one similar type of software Solution
on RDBMS with 3 tier deployment
architecture with central servers at Head
office and users connecting to central
server from multiple locations across India.
9.
The bidder shall provide one point service
for all services mentioned under scope
including DBA services on ongoing basis.
10.
Training for upto 15 users
11.
Data migration since inception
12.
Supply and Installation of Hardware
Bidder’s Comments
Page 56 of 81
Annexure–V. Commercial Bid
(The costs must be in Indian Rupees)
S. No
Requirement
Sub component /
explanation
Basic cost
Taxes incl education
cess/ any other cess
Total cost
Total Cost of Ownership (Project cost)
1.
2.
3.
4.
Existing
Application
software Licenses for Head
Office
and
branch
configuration to run on
RDBMS cluster consisting
of Database servers and
WEB application servers on
three tier configuration (Up
to 20 users. One Head
office at Mumbai and one
branch location in Kolkata)
License Cost per user
beyond 20 users (Should be
applicable for next 3 years)
Modification / Customization
cost
to
meet
ISARC
requirement as laid out in
the bid document
Environmental
software
enterprise licenses (e.g.
ORACLE
enterprise
database, web application
servers, SAP, Windows
server, tools, etc). List out
each product license.
List individual licenses
and their versions
Implementation / Installation
Charges for application
software. (Please provide
cost
of
individual
components and / or
combined cost.)
Setup,
staging,
installation, initialization,
configuration, database
and application server,
etc.

enterprise
database setup

middleware
installation and
setup

application setup,
training and
initialization

masters and
variables setup,
Implementation
of
environmental software and
managed
services
like
installation, server cluster
management, set up, initial
configuration and tuning of
database and application
servers.
Managed services

Installation of
server cluster

Complete setup
of Database
server / servers
and middleware
application
servers and
integration

Setup and
management of
web domain
server and
application
deployment

Crash
5.
6.
Page 57 of 81
S. No
Requirement
Sub component /
explanation

7.
8.
9.
10.
Total cost
Year 1
Year 2
Year 3
Basic cost
Total cost
management and
reinstallation
Recovery and
setup of data from
backups for any
integrity problems
Legacy data porting
AMC / annual support fees
for Application software for
the first year, post warranty
period
Annual Technical Support
(ATS)
charges
for
environmental software (e.g.
enterprise database and
middleware server ATS,
etc), patches, updates, etc
for the first year along with
initial licenses.
Managed Services support ,
including DBA services
(Annual) for the first year
11.
Redundancy and backup
Any other costs (Please
specify)
12.
Hardware (Servers)
13.
Basic cost
Server configuration and
details and no. of servers
with 3 year on site
comprehensive warranty
14.
Antivirus software
15.
Any other cost
To give full support and
uptime
with backup
redundancy server /
application setup.



Database servers
Application
servers
Any other servers
Total Cost excluding AMC
16.
S. No
AMC and ATS per year and
rate for next 3 years after
the completion of first year
of AMC / ATS (NPV shall be
considered while calculation
of the cost)
Requirement
Rate (%)
Amount (Total)
Sub component /
explanation
Additional Cost
1.
2.
3.
Cost
per
branch
for
additional branch to be
opened
(Should
be
applicable for next 3 years)
Updation / upgradation of
software based on RBI
guidelines / Act
Any other cost
Page 58 of 81
TCO = Project Cost + NPV (AMC)
Cost for Change Management
Post production installation, ISARC may need to make changes to the software due to
changing business requirements. Bidder must indicate the rate for change management (if
any) which would be valid from the date of the date of production installation. A person
month will comprise of 22 days to arrive at person-day rate for broken periods less than a
month. The rates should be inclusive of all taxes including service tax, out-of-pocket
allowance, etc.
Tax including
Basic cost education cess/
any other cess
Total
cost
Total
Unit rate per person /
month
Notes:

Bidders may give individual costing for each component / sub component and give
combined cost of grouped components.

In addition to above format, respondents may explain any other variables / offerings as a
foot note to this format.
i. Rate quoted towards Costs should be inclusive of all costs such as sales tax, VAT, custom
duties, transportation, installation, service tax, education cess, etc.
ii. Octroi / entry tax, if any, shall be reimbursed on actual on the production of receipt in ISARC’s
name.
Page 59 of 81
Annexure–VI. Software Functionality Parameters
Please fill up details against each item:
a. If already available in the software version – Y (5 marks)
b. Not available but will be customised: Y (3 marks)
c. Not available and cannot be provided / customised – N if not available.
Name of bidder:
RFP No.: ISARC/RFP/2015/002 dated May 11, 2015
Sl.
No.
Business Functionality Parameters /
Modules
Max.
Marks
A
Acquisition module
1
Pre-bidding process and details with
arrangement of sharing for each portfolio
acquired
5
2
Pre bid details with provision to have details
of other bidders for portfolio acquisition
5
3
Bank details from whom portfolio proposed
to be acquired
4
Preliminary Information and details of each
account to be acquired under the portfolio
5
Details of security for each account
acquired with value for each security
6
Summary of Securities with values of each
security for an account, for a portfolio, for a
trust
7
Option for periodic valuation of the each
security with history (post acquisition)
8
Loan documents management for each
account
9
Guarantors (personal and third party
guarantee) for each loan account acquired.
10
Valuers / agency for a defined security
11
Release of Security on settlement (Post
resolution)
12
Marking / Tagging of acquired security to
multiple accounts
13
CERSAI registration module
14
Summary of assets / plant register of
accounts acquired to be available as on any
Available in
existing
software Y/N
Not available
but will be
customized
Y/N
Not available
and will not be
customized
Y/N
5
5
5
5
5
5
5
5
5
5
5
5
Page 60 of 81
date
15
Demographic details of acquired assets /
units
16
Promoters’ details for units taken over
17
Option for capturing financials of acquired
units in structured balance sheet format
18
Trust formation and linking of each Trust to
acquired portfolio and vice versa
19
Security Receipts
management
B
Legal Module
1
Document check list for each security with
status of documents submitted, checked
etc
2
Tracking and Return of documents on
closure / settlement of account
3
Facility to upload, retrieve and view
scanned legal documents for each loan
account
4
Legal actions under various sections of
SARFAESI Act for each account
5
Capture of title scrutiny for a security
6
Sale Deed registration details for a security
7
Monitoring of court cases
8
Alerts for due dates for court hearing
9
Monitoring payment to Advocates - fees
due, paid and outstanding. Should be linked
to accounts module
10
Listing of pendency of cases - court-wise,
lawyer-wise etc
11
Status and history sheet of each case with
court decisions, appeals filed etc
12
Facility to track CERSAI registration details
with fees payable and to be collected from
customer
C
Recovery Operations
1
Facility to allocate accounts for recovery to
a recovery officer or Agent
(SRs)
issue
5
5
and
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Page 61 of 81
5
2
Facility to allocate accounts based on a pre
defined criteria like amount outstanding,
geographical area etc to a recovery officer
3
System should have option to capture
details of follow ups for each account, datewise, recovery officer-wise, agent-wise.
4
Summary of follow ups for an account, for a
recovery officer, for a portfolio etc
5
Facility to capture target setting for interest
and principal recovery
6
Monitoring of set targets vs. achievement
7
Facility to capture details of sale of a unit
8
One time settlement for an acquired unit
9
Generation of repayment schedule for
amounts due from each account
10
Tracking of amounts fallen due and receipts
against dues
D
Customer Interaction
1
Customer contact information
2
Log of interaction with customer (by an
employee or agent), date-wise, employee
wise, agent-wise
3
Summary of interactions with a customer
E
Accounts - System should have complete Loan and corporate Financial accounting in an integrated
manner
1
Loan accounting with appropriation
received amounts to loan account
2
Trust accounting. Each trust formed to have
its own accounting with separate trial,
Balance, P&L, etc
3
Corporate Financial accounting for all loan
related, non loan related and trust
transactions with single user interface
4
Creating and defining General Ledgers
5
System should have facility of having a sub
GL and accounting at sub GL level for each
GL
6
Tracking of payments due, paid and
outstanding for a resolution agency,
recovery agents, Advocates.
5
5
5
5
5
5
5
5
5
5
5
of
5
5
5
5
5
5
Page 62 of 81
7
Transaction entries for payments, receipts,
JVs, rectification entries etc
8
Authorization of transaction entries for
payments, receipts, JVs, rectification entries
etc
9
Auto appropriation of amounts received
towards various expenses, interest and
principal on a pre-defined criteria
10
Facility for manual appropriation
11
Daily transaction listing (with combination of
parameters like by GL No., from date to
date., loan account wise etc)
12
Bank Re-conciliation
13
Account statement for any loan account as
on a date
14
Demand notice generation for interest and
principal
15
Loan ledger for each account
16
Bank book
17
Cash book
18
Trial Balance
19
P & L account statement
20
Balance Sheet
21
ALM/ Cash Flows Statements
22
Statement of Structural Liquidity
with
inflows and outflows in various future user
definable time buckets
23
Account status for a unit - Payments due,
received, outstanding
24
Interest rate management
25
Interest calculation sheet (with amounts
due, default and interest applied) for each
account / unit)
26
Auto / manual generation of fees due from
customers based on an activity with
provision to waive fees in the system
27
Status of fees and charges due, received,
waived w.r.t to a unit and portfolio
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Page 63 of 81
28
Status of amounts due, paid, received, etc
with respect to a portfolio, trust, individual
account, etc as single point view
29
Post dated cheque management with:
-
Entry of Post Dated Cheques
-
Retrieval of cheques due for deposit
on a day
-
Auto posting of Post Dated
Cheques deposited in the bank
5
5
F
Security and User management. System should have facility for creation of users, and deactivating a
user
1
Facility to create user
2
User should be able to change own
password
3
Supervisor / authorized person should be
able change any user’s password /
deactivate a user
4
Facility to allocate a set of workflow
activities to a selected users as per program
modules in the system
G
MIS - Below is indicative list of MIS and reports required. The list may be revised during implementation
1
Data analytics and DSS reports in a pro
active manner for recoveries made, status
of assets acquired, fees paid and due, loan
outstanding,
legal
cases
etc
with
combination of
5
5
5
5
5
o Portfolio
o Trusts
o Banks / Institutions from which loans
taken over
o Macro status of receivables and
outflows
o Targets Vs performance in various
areas of operation
o MIS on accounts taken over and their
performance based on industry,
geographical area etc
o Seizure and sale of units
o Collation and output of data in any
combination
required
by
the
management
o Initial bid vs. actual profits made - for
a unit, for a bank, for a trust etc
2
Pro active alerts on various aspects like:
5
Page 64 of 81
o
Amounts due and un paid in a
timeframe
o
Required activities to be performed
for seizure and sale
o
Court cases - Alerts for dates of
hearing
o
Other identified activities that are
time and target bound
3
E- workflow - employee interaction - Inter
employee Log of interactions / activities
done
4
Statutory Reports to
government institutions.
5
Intimations, notices, etc. to be sent to
customers
RBI
and
Total Marks
other
5
5
5
410
Extent of customisation required to be calculated as under:
Marks obtained as per Annexure–VI
------------------------------------------------------------ X 30
Maximum marks as per Annexure–VI (410)
Page 65 of 81
Annexure–VII. Declaration Regarding Clean Track Record
Date:
Mumbai – 400 051
Dear Sir,
Declaration Regarding Clean Track Record
Dear Sir,
I have carefully gone through the Terms & Conditions contained in the (RFP No.:
ISARC/RFP/2015/002 dated May 11, 2015) regarding selection of the bidder for development and
implementation of application software in ISARC. We hereby declare that our company has not
been debarred/ black listed by any Public Sector Bank, RBI, IBA or any other Government / Semi
Government organizations in India during last 05 years. I further certify that I am competent officer
in my company to make this declaration that our bid is binding on us and persons claiming through
us and that you are not bound to accept a bid you receive.
Thanking you,
Yours sincerely,
Date
Place
Designation …
Seal …
Page 66 of 81
Annexure–VIII. Statement of Deviations
Bidders are required to provide details of all deviations, comments and observations or
suggestions in the following format with seal and signature. You are also requested to provide a
reference of the page number, state the clarification point and the comment / suggestion /
deviation that you propose as shown below.
ISARC may at its sole discretion accept or reject all or any of the deviations, however it
may be noted that the acceptance or rejection of any deviation by ISARC will not entitle the
bidder to submit a revised commercial bid.
Further, any deviation mentioned elsewhere in the response other than in this format
shall not be considered as deviation by ISARC.
List of Deviations –
Sr.
No.
Clarification point as stated in
the tender document
Page / Section
Number in RFP
Comment / Suggestion/
Deviation
1.
2.
<additional rows may be added, if required>
Date
Place
Signature of Authorized Signatory:
Name of the Authorized Signatory:
Designation:
Name of the Organisation:
Seal:
Page 67 of 81
Annexure–IX. Letter of Competence
(To be executed on a non judicial stamp paper of requisite value)
This is to certify that we [Insert name of Bidder], address ………………….. are fully
competent to undertake and successfully deliver the services as per scope mentioned in the
above RFP. This bid is being submitted after fully understanding the objectives of the project
and requirements of providing services as mentioned in the captioned RFP.
We certify that the quality and number of resources to be deployed by us for
implementation will be adequate to deliver the services professionally and competently
within the prescribed time frame and Service Level Agreements (SLAs).
We also certify that all the information given by us in response to this RFP is true and
correct.
Thanking you,
Yours sincerely,
Date
Place
Designation …
Seal …
Page 68 of 81
Annexure–X. Power of Attorney
BY THIS POWER OF ATTORNEY executed at __________ on _____________________,
2015, We, _______________, a Company incorporated under the Companies Act, 1956, having
its Registered Office at ______________________ (hereinafter referred to as “the Company”)
doth hereby nominate, constitute and appoint <Name>, <Employee No.>, < Designation> of
the Company, as its duly constituted Attorney, in the name and on behalf of the Company to do
and execute any or all of the following acts, deeds, matters and things, namely :-

Execute and submit on behalf of the Company a Proposal and other papers / documents
with ‘India SME Asset Reconstruction Company Limited’ (“ISARC”) relating to
‘ISARC/RFP/2015/002 dated May 11, 2015) for Development and Implementation of
Application Software and to attend meetings and hold discussions on behalf of the
Company with ISARC in this regard.
THE COMPANY DO hereby agree to ratify and confirm all whatsoever the attorney shall lawfully
do or cause to be done under or by virtue of these presents including anything done after
revocation hereof but prior to actual or express notice thereof being received by the person or
persons for the time being dealing with the attorney hereunder.
IN WITNESS WHEREOF, _______________________ has caused these presents to be
executed by _______________________ on the day, month and year mentioned hereinabove.
For and on behalf of the Board of Directors of
_____________________
_______________
______________________
WITNESS:
Signature of _______________
_____________
Notarized
______________
Page 69 of 81
Annexure–XI. Performance Bank Guarantee
(This is a sample format and final contents are subject to
Verification before execution of the document. Document to be executed by successful bidder)
BANK GUARANTEE
Mumbai – 400 051
KNOW ALL MEN BY THESE PRESENTS that in consideration of the India SME Asset
Reconstruction Company Limited (ISARC), a Company incorporated under Companies Act,
1956 and having its Head Office at 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block,
Bandra Kurla Complex (BKC), Bandra (E), Mumbai – 400 051 (hereinafter called “ISARC”)
having agreed to award a contract to M/s. ‘Service Provider Name’ having its office at ‘Service
Provider’s Office Address’, (hereinafter called "the Service Provider") for “Development and
Implementation of Application Software” on the terms and conditions contained in the
Purchase Order No………. dated __________ placed with the Service Provider and ISARC
(hereinafter called "the said Order”) which terms, interalia, stipulates for submission of Bank
guarantee for 10% of the contract value (software component) i.e. ` _______ (Rupees
_____________________ only), for the due fulfillment by the Service Provider of the terms and
conditions of the said Order.
At the request of the Service Provider, (Bank name & address) _______, having its principal/
registered office at ____________________________ and, for the purposes of this Guarantee,
acting through its branch namely (Bank name & address)______ _______ (herein after referred
to as (Bank name) _____________ which term shall mean and include, unless to repugnant to
the context or meaning thereof, its successors and permitted assigns), hereby issue our
guarantee No ____________________ in favour of ISARC.
1. We, do hereby unconditionally and irrevocably undertake to pay to ISARC, without any
demur or protest, merely on receipt of a written demand in original before the close of
banking business hours on or before ____________, at our counters at (Bank address)
________ from ISARC an amount not exceeding _________________ by reason of any
breach by the Service Provider of the terms and conditions contained in the said Agreement,
the opinion of the ISARC regarding breach shall be final, conclusive and binding.
2. We do hereby guarantee and undertake to pay forthwith on written demand to ISARC such
sum not exceeding the said sum of ` _______ (Rupees _____________________ only) as
may be specified in such written demand, in the event of the Service Provider failing or
neglecting to perform the said Order for “Development and Implementation of Application
Software” to ISARC in the manner and in accordance with the design specification, terms
and conditions, contained or referred to in the said Order during its tenure.
3. We further agree that the guarantee herein contained shall remain in full force and effect till
all obligations of Service Provider under or by virtue of the said Order have been fully and
properly carried out or till validity date of this guarantee i.e. ________, whichever is earlier.
Page 70 of 81
4. We undertake to pay to ISARC all the money as per this Guarantee, notwithstanding any
dispute or disputes raised by the Service Provider in any suit or proceeding pending before
any court, tribunal or authority relating thereto or otherwise and our liability under these
being absolute and unequivocal.
5. We further agree with you that ISARC shall have the fullest liberty without our consent and
without affecting in any manner our obligation hereunder (i) to vary any of the terms and
conditions of the said Order (ii) to extend time for performance by the said Service Provider
from time to time or postpone for any time (iii) to exercise or forbear to exercise any of the
powers exercisable by ISARC against said Service Provider and to forbear or enforce any of
the terms and conditions relating to the said agreement and we shall not be relieved from
our liability by reasons of any such variations or modifications or extension being granted to
the said Service Provider for any forbearance act or omission on the part of ISARC or any
indulgence by the ISARC to the said agreement or by any such matter or thing whatsoever
which under the law relating to sureties would, but for this provisions, have an effect of so
relieving us. However, nothing contained hereinbefore shall increase our liability under the
guarantee above __________________ or extend beyond _____________
6. The liability under this guarantee is restricted to ` _______ (Rupees
_____________________ only) and will expire on (date) _______ and unless a claim in
writing is presented to us at counters at (bank & address) _____________________ on or
before (date) __________ all your rights will be forfeited and we shall be relieved of and
discharged from all our liabilities hereunder.
7. The Guarantee herein contained shall not be determined or affected by Liquidation or
winding up or insolvency or closure of the Service Provider or any change in the constitution
of the Service Provider or of the Bank.
8. The executants has the power to issue this guarantee and executants on behalf of the Bank
and hold full and valid Power of Attorney granted in their favour by the Bank authorizing
them to execute this guarantee.
9. Notwithstanding anything contained hereinabove, our liability under this guarantee is
restricted to `___________ (Rupees______________).
10. This guarantee shall remain in force until (date) _________. Our liability hereunder is
conditional upon your lodging a demand or claim with us and unless a demand or claim is
lodged with us on or before (date) _________, your rights under the guarantee shall be
forfeited and we shall not be liable there under. This guarantee shall be governed by and
construed in accordance with the laws of India. The Guarantee will be returned to the Bank
when the purpose of the guarantee has been fulfilled or at its expiry, whichever is earlier.
11. We, (bank name, place) __________lastly undertake not to revoke this guarantee during its
currency except with the previous consent of ISARC in writing.
12. Notwithstanding anything to the contrary contained herein, the liability of (bank name &
place) under this guarantee is restricted to a maximum total amount of ` _________
(Rupees _____________).
13. Our liability pursuant to this guarantee is conditional upon the receipt of a valid and duly
executed written claim, in original, by (bank name & address) __________, delivered by
hand, courier or registered post, prior to close of banking hours on (date) ________, failing
which all rights under this guarantee shall be forfeited and (bank name & place)
_____________ shall be absolutely and unequivocally discharged of all of its obligations
hereunder. This Guarantee shall be governed by and construed in accordance with the laws
of India and competent courts in the city of (place ______) shall have exclusive jurisdiction.
Page 71 of 81
14. Kindly return the original of this guarantee to (bank name & address) upon the earlier of (a)
its discharge by payment of claims aggregating to ` _________ (Rupees _____________)
(b) fulfillment of the purpose for which this guarantee was issued; or (c) ________ (date)”
15. All claims under this guarantee will be made payable at (bank name & address)
______________ by way of DD payable at Mumbai
In witness where of we ...................... have set and subscribed our hand and seal this
........................ day of .........................2015.
SIGNED, SEALED AND DELIVERED.
BY
AT
IN THE PRESENCE OF WITNESS :
1)
Name..........................
Signature.......................
Designation..................
2)
Name..........................
Signature.......................
Designation..................
Page 72 of 81
Annexure–XII. Letter of Conformity
Date:
Mumbai – 400 051
Dear Sir,
We, the undersigned bidders, having read and examined the aforesaid RFP document,
issued by ISARC do hereby covenant, warrant and confirm as follows:
We hereby agree to comply with all the terms and conditions / stipulations as contained
in the RFP and the related addendums and other documents including the changes made to the
original tender documents issued by ISARC, provided however that only the Statement of
Deviations furnished by us in Annexure–VIII of the main RFP document which are expressly
clarified by ISARC and communicated to us in writing, shall form a valid and binding part of the
aforesaid RFP document. ISARC 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 ISARC’s decision not to accept any such extraneous
conditions and deviations will be final and binding on us and persons claiming through us.
We also here by confirm that our prices as specified in our Commercial Bid are as per
the Payment terms specified in the Tender document.
Thanking you,
Yours sincerely,
Date
Place
Designation …
Seal …
Page 73 of 81
Annexure–XIII. EMD / Bank Guarantee in Leiu of EMD
(Sample Format – To be executed on a non-judicial stamped paper of requisite value)
To: INDIA SME ASSET RECONSTRUCTION COMPANY LTD. (ISARC)
WHEREAS …………………………………………………….. (Name of Bidder) (hereinafter called
the ‘the Bidder”) has undertaken, in pursuance of ISARC/RFP/2015/002 dated May 11, 2015)
for the “Development and Implementation of Application Software” (description of Products
and Services) (herein after called the ‘the RFP”) to you.
AND WHEREAS, it has been stipulated by you in the said RFP that the Bidder shall furnish you
with a Bank Guarantee from a scheduled commercial Bank for the sum specified therein, as
security for compliance with the Bidder’s performance obligations in accordance with the RFP.
AND WHEREAS we ---------------- Bank having its registered office at ----- and inter alia a branch
office situate at ------- have agreed to give a performance guarantee in lieu of EMD of ` --------(Rupees ------------------ only) on behalf of the Bidder.
We ------------------- Bank further undertake not to revoke and make ineffective the guarantee
during it’s currency except with the previous consent of ISARC in writing.
We ------ Bank do hereby unconditionally and irrevocably undertake to pay to ISARC without any
demur or protest, merely on demand from ISARC, an amount not exceeding ` ---------- (Rupees
--------- only) by reason of any breach of the terms of the RFP dated ---- by bidder. We hereby
agree that the decision of ISARC regarding breach of the terms of the RFP shall be final,
conclusive and binding on us.
WE do hereby guarantee and undertake to pay forthwith on demand to ISARC a sum not
exceeding `……………/-. (Rupees ………………………….. …only) (amount of the Guarantee in
words and figures) and we undertake to pay you upon your first written demand declaring the
Bidder to be in default under the RFP and without cavil or argument, any sum or sums within the
limit of `……………/-. (Rupees …………………………..… only) (Amount of guarantee) as
aforesaid, without your needing to prove or to show grounds or reasons for your demand or the
sum specified therein.
Our obligation to make payment under this Guarantee shall be a primary, independent and
absolute obligation and we shall not be entitled to delay or withhold payment for any reason. Our
obligations hereunder shall not be affected by any act, omission, matter or thing which but for
this provision might operate to release or otherwise exonerate us from our obligations hereunder
in whole or in part, including and whether or not known to us or you:
(i)
any time or waiver granted to the bidder;
(ii)
the taking, variation, compromise, renewal or release of or refusal or neglect to perfect or
enforce any rights, remedies or securities against the bidder;
(iii) any Variation of or amendment to the RFP or any other document or security so that
references to the Contract in this Guarantee shall include each such Variation and
amendment;
(iv) any unenforceability, invalidity or frustration of any obligation of the Bidder or any other
person under the RFP or any other document or security waiver by you of any of the
terms provisions conditions obligations UNDER RFP or any failure to make demand
upon or take action against the Bidder;
(v)
any other fact, circumstance, provision of statute or rule of law which might, were our
liability to be secondary rather than primary, entitle us to be released in whole or in part
from our undertaking; and;
(vi) any change in constitution of the bidder;
Page 74 of 81
(vii)
any petition for the winding up of the Bidder has been admitted and a liquidator or
provisional liquidator has been appointed or an order of bankruptcy or an order for the
winding up or dissolution of the bidder has been made by a Court of competent
jurisdiction;
The written demand referred to in paragraph above shall be deemed to be sufficiently served on
us if you deliver to us at the address as set out above.
This guarantee is valid until the ……….. day of <validity date> and a claim in writing is
required to be presented to us within one months from <validity date> i.e. on or before <claim
period> failing which all your rights will be forfeited and we shall be relieved of and discharged
from all our liabilities mentioned hereinabove.
Signature and Seal of Guarantors (Bidder’s Bank)
…………………………………………………………..
Date…………………………………………………….
Address …………………………………………………
……………………………………………………………
……………………………………………………………
*********
Page 75 of 81
Annexure–XIV. Non-Disclosure Agreement
(Sample Format – To be executed on a non-judicial stamped paper of requisite value)
WHEREAS, we, ___________________________________, having Registered Office at
__________________________________, hereinafter referred to as the COMPANY, are
agreeable to execute “Development and Implementation of Application Software” as per
scope defined in the ISARC/RFP/2015/002 dated May 11, 2015) for India SME Asset
Reconstruction Company Limited, having its Head office at 1004, 10th Floor, Naman Centre, Plot
No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E), Mumbai – 400 051 (hereinafter
referred to as the ISARC) and,
WHEREAS, the COMPANY understands that the information regarding ISARC’s Infrastructure
shared by ISARC in their Request for Proposal is confidential and/or proprietary to ISARC, and
WHEREAS, the COMPANY understands that in the course of submission of the offer for the
said RFP and/or in the aftermath thereof, it may be necessary that the COMPANY may perform
certain jobs/duties on ISARC’s properties and/or have access to certain plans, documents,
approvals, data or information of ISARC;
NOW THEREFORE, in consideration of the foregoing, the COMPANY agrees to all of the
following conditions, in order to induce ISARC to grant the COMPANY specific access to
ISARC’s property/information, etc.;
The COMPANY will not publish or disclose to others, nor, use in any services that the
COMPANY performs for others, any confidential or proprietary information belonging to ISARC,
unless the COMPANY has first obtained ISARC’s written authorization to do so;
The COMPANY agrees that information and other data shared by ISARC or, prepared or
produced by the COMPANY for the purpose of submitting the offer to ISARC in response to the
said RFP, will not be disclosed to during or subsequent to submission of the offer to ISARC, to
anyone outside ISARC;
The COMPANY shall not, without ISARC’s written consent, disclose the contents of this
Request for Proposal (Bid) or any provision thereof, or any specification, plan, pattern, sample
or information (to be) furnished by or on behalf of ISARC in connection therewith, to any
person(s) other than those employed/engaged by the COMPANY for the purpose of submitting
the offer to ISARC and/or for the performance of the Contract in the aftermath. Disclosure to any
employed/ engaged person(s) shall be made in confidence and shall extend only so far as
necessary for the purposes of such performance.
Yours sincerely,
Date
Place
Designation …
Seal …
Page 76 of 81
Annexure–XV. Bank Mandate Form
(To be submitted in Duplicate)
(Please fill in the information in CAPITAL LETTERS. Please TICK wherever it is applicable)
1. Name of Borrower / bidder / supplier:
_________________________________
_________________________________
Bidder Code (if applicable)
_________________________________
2. Address of the Borrower / bidder / supplier:
_________________________________
_________________________________
City ____________________
Pin Code ______________
E-mail id: _________________________________________
Phone No. with STD code: ______________
Mobile No.:_______________________________________
Permanent Account Number ______________________
MSE Registration / CA Certificate _________________ (if applicable)
3. Particulars of Bank account:
Beneficiary
Name
Bank Name
Branch Name
Branch Place
Branch City
PIN Code
Branch Code
MICR No.
Account type
Saving
Current
Account No.
(as appearing in the Cheque book)
Cash Credit
1
(Code number appearing on the MICR cheque supplied by the Bank. Please attach a cancelled cheque
of your bank for ensuring accuracy of the bank name, branch name & code and Account Number)
IFSC CODE2
For RTGS transfer
For NEFT transfer
4. Date from which the mandate should be effective :
I hereby declare that the particulars given above are correct and complete. If any transaction is
delayed or not effected for reasons of incomplete or incorrect information, I shall not hold ISARC / IDBI
Bank responsible. I also undertake to advise any change in the particulars of my account to facilitate
updation of records for purpose of credit of amount through RBI RTGS/NEFT.
Page 77 of 81
Place :
_____________
Date
_____________
:
Signature of the party / Authorized Signatory
…………………………………………………………………………………………………………………
Certified that particulars furnished above are correct as per our records.
Bank’s stamp:
Date
:
(Signature of the Authorized Official from the Banks)
N.B.:
RTGS/NEFT charges if any, is to be borne by the party
1, 2
: Note on IFSC / MICR
Indian Financial System Code (IFSC) is an alpha numeric code designed to uniquely identify the
bank-branches in India. This is 11 digit code with first 4 characters representing the bank’s code,
the next character reserved as control character (presently 0 appears in the fifth position) and
remaining 6 characters to identify the branch. The MICR code, (Magnetic Ink Character
Recognition) that appears on cheques, has 9 digits to identify the bank-branch. RBI had since
advised all the banks to print IFSC on cheque leaves issued to their customers. A customer may
also contact his bank-branch and get the IFS Code of that branch.
Page 78 of 81
Annexure–XVI. Undertaking of Authenticity
[to be signed by authority not lower than the Company Secretary of the Bidder]
Ref:
Date:
The Deputy General Manager,
Mumbai – 400 051
Dear Sir,
Sub: Undertaking of Authenticity for ISARC/RFP/2015/002 dated May 11, 2015)
With reference to -------------- equipment quoted to you vide our quotation No.:
_________________dated ________________ in response to your Tender No.
ISARC/RFP/2015/002 dated May 11, 2015), we hereby undertake that all the components /
parts / assembly / software used in the hardware items shall be original/ new from respective
OEMs of the products and that no refurbished / duplicate / second hand components / parts /
assembly / software are being used or shall be used.
We also undertake that in respect of licensed operating system if asked for by you in the
purchase order, the same shall be supplied along with the authorized license certificate and also
that it shall be sourced from the authorized source.
Should you require, we hereby undertake to produce the certificate from our OEM
supplier in support of above undertaking at the time of delivery/installation. It will be our
responsibility to produce such letters from our OEM supplier’s at the time of delivery or within a
reasonable time.
In case of default and we are unable to comply with above at the time of delivery or
during installation for the IT hardware / software already billed, we agree to take back the same,
if already supplied and return the money if any paid to us by you in this regard.
We (Bidder name) also take full responsibility of both parts & service SLA as per the
content even if there is any defect by our authorized service centre / reseller / SI etc.
Authorized Signatory
Name
Designation
Place
Date
Page 79 of 81
Annexure–XVII. Manufacturer’s Authorisation Form (MAF)
(To be submitted on OEM’s letter head)
Ref:
Date:
The Deputy General Manager,
Mumbai – 400 051
Dear Sir,
Sub: Manufacturer’s Authorization for
ISARC/RFP/2015/002 dated May 11, 2015)
We <OEM Name> having our registered office at <OEM Address> are an established and
reputed manufacturer of <hardware details> do hereby authorize M/s_________________
(Name and address of the Partner) to offer their quotation, negotiate and conclude the
contract with you against the above invitation for tender offer.
We hereby extend our full guarantee and warranty as per terms and conditions of the tender and
the contract for the solution, products/ equipment and services offered against this invitation for
tender offer by the above firm and will extend technical support and updates for our products for
a period of 5 years from the date of acceptance.
We also confirm that we will ensure all product upgrades (including software upgrades and new
product feature releases) are provided by M/s …….. for all the products quoted for and supplied
to ISARC during the one (01) year product warranty period and three (03) years AMC period, if
contracted. In case this is not considered while quoting and in the event M/s …………. fail in
their obligations to provide the upgrades within 30 days of release / announcement, we hereby
confirm that we will provide the same to ISARC at no additional cost to ISARC and we will
directly install the updates and upgrades and any new product releases at ISARC’s premises.
<OEM Name>
<Authorized Signatory>
Name:
Designation:
Note: This letter of authority should be on the letterhead of the OEM and should be signed by a person competent
and having the power of attorney to bind the manufacturer. It should be included by the bidder in its bid.
Page 80 of 81
End of RFP Document
Page 81 of 81

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