Clause No. RFP Term Query/Amendment proposed Reply By NABARD · PDF fileClause No. RFP Term Query/Amendment proposed Reply By NABARD 4.2/Page 5 Current Status of PeopleSoft HRMS Application

Clause No. RFP Term Query/Amendment proposed Reply By NABARD

4.2/Page 5 Current Status of PeopleSoft HRMS Application Please provide End-User / Developer workstation details and help with the roadmap for the same.Not required

4.2/Page 5 Current Status of PeopleSoft HRMS Application Please provide current database size of HCM 9.1. 450 Gb exclusive of temporary data/ archive logs.

4.2/Page 5 Current Status of PeopleSoft HRMS ApplicationPlease specify Browsers used at NABARD and their versions by HCM users for accessing the application.

Please provide road map for Browsers.Not required

4.2/Page 5 Current Status of PeopleSoft HRMS ApplicationIs HCM 9.1 having any of these features installed like SSO, Desktop Integration, LDAP, PPM, Verity, SES.?

Please specify. None

4.2/Page 5 Current Status of PeopleSoft HRMS Application Please provide Documentation availability in % for Application, Hardware, DB ,OS etc.100 % documentation availability for Hardware. DB and OS.

4.2/Page 5 Current Status of PeopleSoft HRMS ApplicationIs current HCM 9.1 hosted/accessible over internet? Is it completely hosted or partially hosted? Please specify

modules/functionality hosted over internet.The application is accesible over internet.

4.2/Page 5 Current Status of PeopleSoft HRMS Application Is search feature implemented in current HCM 9.1 application? Please provide details.Query not clear.

5.30/Page 17 Scope, Ownership and Responsibility for upgradeIs 24x7 on-call support or Extended Support e.g., weekend support in scope of this RFP? Please provide

activity details for weekend support.If required, based on the severity of the issue On call or on-site support

needs to be provided 24*7*365

5.31/Page 18 LicensingWe understand total 6 licenses used for Oracle server across the landscape. Please provide database license

split-up for Production, Development, Test and DR servers.Breakup already given in the RFP.

6.2.1/Page 20 Support & Maintenance of HRMS application Is upgrade Go-live date 28th

Feb 2018 negotiable? Not negotiable

6.2.8/Page 22Onsite support What encryption technology is used for Backup and File encryption?

None. Bidder needs to provison latest industry standard encryption.

6.2.9/Page 22 Onsite supportIs patching done proactively or reactively for HCM 9.1? Please specify patching frequency of Server / OS /

Database / Application / PeopleTools / Tuxedo / WebLogic.Both Proactively and reactively.

6.2.10/Page 22 Onsite supportIs there any Data Archival or Data Purging policy in place for HCM 9.1? What is the frequency of Data

archival/Purging done for HCM 9.1 application?

No. In future if bidder wants to plan any such strategy it will be on

mutual agreement of both parties and performance should not be

compromised.

6.3.2.17/Page 26 Upgrade of existing PeopleSoft Application

As per our understanding HCM 9.1 is integrated with ECM core banking system. How many integrations

points exist between PeopleSoft and other 3rd party applications, especially with respect to Payroll &

Benefits? Please provide integration diagram, if any. One with Core application already exists. Another interfaces may be

required by Enterprise Content Management in future.

6.3.2.18/ Page 26 Upgrade of existing PeopleSoft Application Please confirm if HCM 9.1 database is Unicode or Non-Unicode. Clarified in Pre-bid meeting.

6.3.2.18/ Page 26 Upgrade of existing PeopleSoft Application

Please confirm if Hindi language is installed in current HCM 9.1?

Is Hindi language a mandatory requirement for HCM 9.2? If yes, will this be used for transactional purpose or

reporting purpose. Please elaborate. Hindi Language support is a mandatory requirement.

9.28/Page 47Intellectual Property Rights

Please specify your requirements with regards to additional licenses, if any. Please clarify Vendor's role in

license renewal for existing/upgraded environment, Hardware/Oracle/OS etc. All licenses renewal will be done by the bidder.

Annexure P, Sr. 11/Page 81 Technical Details & Specifications Form By version control of source code, do you mean, maintaining the source code changes in design documents? The RFP clause is self explanatory

Annexure T/Page 99 Present Hardware Setup Details Please provide details of database server in Non-Production.Oracle DB being used in Non-production. Production nd Non-

production environment has to be similar.

Annexure T/Page 99 Present Hardware Setup Details Is production database server in cluster mode? Please provide the details. Production database is in OS level cluster.

Annexure T/Page 99 Present Hardware Setup Details Please specify role of Reporting Server in HCM 9.1 Architecture.Being used for Test and Dev. In future a reporting server may be used

just for reports.

Annexure T/Page 99 Present Hardware Setup Details Please provide Process Scheduler details of HCM 9.1 in Production, Non-Prod & DR. Details provided in RFP.

Annexure T/Page 99 Present Hardware Setup Details Please provide PeopleSoft HCM 9.1 Production and non-production architecture and network diagram.All available details have been provided.

GeneralOnly delivered Dashboards, WorkCenters, Activity Guides, etc. are to be enabled OR new ones to be created

wherever operation efficiency can be achieved? New ones may be created , if required.

GeneralWhat is approximate number of employees paid through payroll? Are there part-time employees? If so are

they also through payroll? 4300 employees. 2400 pensioners. 50 Contractors

GeneralHow many independent pay or legal entities exist in the organization that pays their employees separately?

How many establishments exist in India? Please list all states where these exist? NABARD is the only entity.

General Are there any specific transactions or processes that require performance uplift? Payroll.

GeneralDo you intend to eliminate any custom reports/screens that could be mapped to delivered features or

reports? Bidders discretion, but the banks requirement has to be met.

Annexure T/Page 99 Present Hardware Setup DetailsList any current performance concerns. Service Level agreements, tight batch window, poor response time,

high CPU utilization, I/O bottlenecks, etc.

DB performance can be improved as there are very large tables which

need to be re-indexed before and after payroll runs.

Annexure T/Page 99 Present Hardware Setup DetailsIdentify any customization or processing requirements which could result in an increase in capacity usage.

Large batch workloads, heavy customization, use of heavy modules, etc. Information is unavailable as of now.

Annexure T/Page 99 Present Hardware Setup Details Was IBM Techline (IBM Sizing Center) involved in your initial PeopleSoft sizing? Approximate date? Not available.


Annexure T/Page 99 Present Hardware Setup DetailsWhat percentage of IOPS (input/output operations per second) are you targeting to Solid State

Disk?(Default=30%) Bidder may propose the solution.

Annexure T/Page 99 Present Hardware Setup Details What percentage of total storage capacity are you targeting to Solid State Disk?(Default=10%) Bidder may propose the solution.

Annexure T/Page 99 Present Hardware Setup Details What is the planned backup strategy (split mirrors, hot backup, offline backup, other) and specify the backup

tools used?

Backup tools already specified. Daily Full backup being done for

Production Database as of now. Bidder may optimize as per

solutioning.

Annexure T/Page 99 Present Hardware Setup Details Number of copies of full backup that will be stored on disk? Bidder to solution the same.

Annexure T/Page 99 Present Hardware Setup DetailsAre disk-based database snapshots planned? If so, how many What is the planned RAID type for data

protection? Bidder to solution the same.

Annexure T/Page 99 Present Hardware Setup Details Are there any independent data warehouse system based on HCM 9.1 ? No.

Annexure T/Page 99 Present Hardware Setup DetailsPlease provide your Human Capital Management concurrent Current ONLINE user counts in light, Moderate,

Heavy category for HCM 9.1 Application for HR Core. No. of users already provided.


Heavy category for HCM 9.1 Application for HR Self Service. No. of users already provided.


Heavy category for HCM 9.1 Application for Absence Management. No. of users already provided.


Heavy category for HCM 9.1 Application for Recruitment. No. of users already provided.


Heavy category for HCM 9.1 Application for ePerformance. No. of users already provided.


Heavy category for HCM 9.2 Application for HR Core. No. of users already provided.

Annexure T/Page 99 Present Hardware Setup DetailsPlease provide your Human Capital Management concurrent PLANNED ONLINE user counts in light,

Moderate, Heavy category for HCM 9.2 Application for HR Self Service. No. of users already provided.


Moderate, Heavy category for HCM 9.2 Application for Absence Management. No. of users already provided.


Moderate, Heavy category for HCM 9.2 Application for Recruitment. No. of users already provided.


Moderate, Heavy category for HCM 9.2 Application for ePerformance. No. of users already provided.

Annexure T/Page 99 Present Hardware Setup DetailsWhat is the frequency of payroll runs? Monthly payroll is run and re-run for 5-6 times before finalization.

Annexure T/Page 99 Present Hardware Setup DetailsPlease Provide current Concurrent BATCH processing details in HCM 9.1 including Pay entities and

employees processed during each Cycle. Payroll, Pension, Employee Benefits and Absence run concurrently.

Annexure T/Page 99 Present Hardware Setup DetailsPlease Provide planned Concurrent BATCH processing details in HCM 9.2 including Pay entities and

employees processed during each Cycle. Payroll, Pension, Employee Benefits and Absence run concurrently.

General

We assume the Project location would be NABARD office in Mumbai. Please specify if there is any travel

requirement outside Mumbai Location.

Project location is Mumbai. Hardware setup at DR needs to be done at

DR location in Faridabad.

General

Please provide your Business user count. Can we assume their adequate availability during the course of

project execution. Can be assumed.

5.17 page 12

"The support as well as upgrade of existing PeopleSoft application has to be done at the place as advised

by the bank." please confirm the location, upgrade team will work, if it other than Mumbai it will have impact on costing

Project location is Mumbai. Hardware setup at DR needs to be done at

DR location in Faridabad.

5.31.4 Locations of

Installation

The New Hardware should be sized in such a way that existing Oracle Database and Weblogic licenses are

used to its optimal and there is no need to procure additional licenses

What if the proposed hardware IT Infra is not certified or compliant with the Oracle Database & Weblogic

version available with client?

It is specified in RFP that for all the hardware being proposed, it needs

to be certified for Peoplesoft.

6.1 page 19 Supply of New

Hardware for DC and DR

The supply and installation of new hardware at DC and DR should be completed within 8 weeks from the

date of Purchase order.

We suggest the change : The supply and installation of new hardware at DC and DR should be completed

within 12 weeks from the date of Purchase order. Clause remains unchanged.

9.12 page 35 Guarantee

on Uptime

The successful bidder is liable for a penalty of Rs.1000/- (Rupees One Thousand only) per hour for non-

availability of the system subject to maximum of 10% of the purchase order value we request you to change the maximum of 10% penalty of the quarterly payment Clause remains unchanged.

6 page 19 SCOPE OF

WORK The bidder should propose the buyback of the existing hardware post completion of up-gradation activity

We request NABARD to keep buy back of hardware out of scope as it will be easy for NABARD to dispose off

the HARDWARE as per Policy Clause remains unchanged.

8.1 Eligibility of the Bidder

The Bidder, should have at least 3 years experience in implementation and support of PeopleSoft HRMS

application version 9.1/9.2 or migration of version to 9.1/ 9.2 in at least one PSU Bank or in a reputed

Private Bank (having more than 5000 employees) in India (POCs done will not be treated as experience of

the bidder).

We request bank to dilute this criteria as -

The Bidder, should have at least 3 years experience in implementation or support of PeopleSoft HRMS

application version 9.1/9.2 or migration of version to 9.1/ 9.2 in at least one BFSI or any large organization in

India / abroad - having more than 5000 employees. (POCs done will not be treated as experience of the

bidder).

Clause remains unchanged.

5.4 These terms and conditions are binding on all the bidders. These terms and conditions will also form

part of the purchase order, to be issued to the successful bidder(s) on the outcome of the tender

process.

These terms and conditions are binding on all the bidders, subject to devations proposed. These terms and

conditions will also form part of the purchase order alongwith the deviations proposed, to be issued to the

successful bidder(s) on the outcome of the tender process. Clause remains unchanged

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

the Bank

Without affecting any intellectual property rights which may exist in an RFP response, the proposal and all

supporting documentation submitted by the bidders shall become the property of the Bank, provided that

it shall not be disclosed to any third party without the bidder's written consent

Clause remains unchanged


5.12 The Bank reserves the right to amend, rescind or reissue this RFP Document and all amendments will be

advised to the bidders and such amendments will be binding on them

The Bank reserves the right to amend, rescind or reissue this RFP Document and all amendments will be

advised to the bidders and such amendments will be binding on them, subject to devations proposed by

the bidder Clause remains unchanged

5.17 The Bank reserves the right to make changes in the locations list given to the bidder. The Bank reserves the right to make mutually accepted changes in the locations list given to the bidder.


5.30 Any interim arrangements for hardware, software or other components, if any, which are temporarily

required for completing the upgradation activity, within the prescribed schedule, are to be provisioned

and provided by the bidder. Bank will not provide any such infrastructure for this purpose.

The successful bidder will not subcontract any part of this RFP scope to a third party.

Any interim arrangements for hardware, software or other components, if any, which are temporarily

required for completing the upgradation activity, within the prescribed schedule, are to be provisioned

and provided by the bidder at additional cost to the Bank. Bank will not provide any such infrastructure for

this purpose.

The successful bidder will not subcontract any part of this RFP scope to a third party without the approval

of Bank.Clause remains unchanged

6.1 During AMC and warranty period, the comprehensive support of hardware should include the following:

Firmware upgrade

Any other services which are required during the contract period for seamless functioning of the

solution so as to make all functions available to the user

The bidder should propose the buyback of the existing hardware post completion of up-gradation

activity of PeopleSoft from 9.1 to 9.2, on as is and where is basis in both the Technical and Commercial

bid

During AMC and warranty period, the comprehensive support of hardware should include the following:

Firmware upgrade

Any other services which are required during the contract period and part of the mutually agreed scope for

seamless functioning of the solution so as to make all functions available to the user


6.2 The bidder needs to support and maintain all environments in DC and DR of the Bank and the existing

version/upgraded version for a period of five years from 01.04.2018. It is expected that bidder would

complete the supply, installation of Hardware, up-gradation and migration of HRMS from PeopleSoft

9.1 to PeopleSoft 9.2 by 28th February 2018. Proportionate charges for absence of the support

personnel on any bank working day shall be deducted from the quarterly payment of support charges.

The severity levels shall be assigned by NABARD HRMS team. In case, the bidder is unable to resolve the

issues within the stipulated time, necessary arrangements should be made by the bidder for on-site

support from the OEM, without any cost to the Bank

The severity levels shall be mutually assigned by the Parties NABARD HRMS team


6.2.4 The rectification of the program bugs and customization of the existing modules to be done at no extra

cost to the bank

The rectification of the program bugs and customization of the existing modules to be done at no extra

cost to the bank Clause remains unchanged

6.2.5 The bidder is required to depute alternate resource in case of leave or absence of the regular onsite

resources for a period of more than consecutive three days.

The bidder is required to depute alternate resource within a resonabe period in case of leave or absence of

the regular onsite resources for a period of more than consecutive three days. Clause remains unchanged

6.2.6.1 For any new module development/customization of the existing module, the bidder is required to

provide the formats, details on the fields used, logic used based on their experience of developing the

module in other client locations at no extra cost to the bank.

For any new module development/customization of the existing module, the bidder is required to provide

the formats, details on the fields used, logic used based on their experience of developing the module in

other client locations at no extra cost to the bank. Clause remains unchanged

6.2.11 The bidder is required to do the new module/custom development on-site as and when required by the

Bank.

The bidder is required to do the new module/custom development on-site as and when required by the

Bank, subject to reasonable notice to the Bidder. Clause remains unchanged

6.3.2.13 Security audit of the application will be carried out by the Banks internal & External auditors and the

observations/recommendations made by the auditors need to be complied within the time limit as

advised by the Bank, without any additional cost to the Bank

Upon prior written notice to the Bidder, Security audit of the application will be carried out by the Banks

internal & External auditors and the observations/recommendations made by the auditors need to be

complied within the time limit as advised by the Bank, without any additional cost to the Bank


6.6 the Bank finds that the trainer is not having sufficient knowledge / experience in the domain to

conduct the training, the same has to be conducted again to the satisfaction of the Bank.

the Bank finds that the trainer is not having sufficient knowledge / experience in the domain to conduct

the training, the same has to be conducted again to the satisfaction of the Bank. Clause remains unchanged

6.7 The source code /object code / executable code and compilation procedures of the software solution

should be provided to the Bank after successful UAT.

Any update or upgrade to source code should be informed and made available to the Bank. The

ownership / intellectual property rights of the customised application software will rest with the Bank.

The source code /object code / executable code and compilation procedures of the software solution

should be provided to the Bank after successful UAT.

Any update or upgrade to source code should be informed and made available to the Bank. The ownership

/ intellectual property rights of the customised application software will rest with the Bank, subject to

Bidder's pre-existing IP and any third party IP used in the software.Clause remains unchanged

7 As per RFP Request deletion Clause remains unchanged

9.1 In the event of the Bank agreeing to extend the implementation time line at the request of bidder, it is

a condition precedent that the validity of Bank Guarantee shall also be extended by further period as

required by the Bank before the expiry of the original Bank Guarantee. Failure to do so will be treated

as breach of contract. In such an event the advance paid to bidder will become returnable to the Bank

forthwith and the Bank reserves its right to foreclose the Bank Guarantee

In the event of the Bank agreeing to extend the implementation time line at the request of bidder, it is a

condition precedent that the validity of Bank Guarantee may shall also be extended by further period as

required by the Bank before the expiry of the original Bank Guarantee. Failure to do so will be treated as

breach of contract. In such an event the advance paid to bidder will become returnable to the Bank

forthwith and the Bank reserves its right to foreclose the Bank Guarantee


9.2 The implementation will be deemed as incomplete if any of the services are not delivered or is

delivered but not operational or not acceptable to the Bank after acceptance testing/examination.

The implementation will be deemed as incomplete if any of the services are not delivered or is delivered

but not operational or not acceptable to the Bank after acceptance testing/examination.


9.3 The Bank reserves its right to cancel the entire / unexecuted part of the Purchase Order at any time by

assigning appropriate reasons in the event of one or more of the following conditions. In addition to the

cancellation of purchase order, the Bank reserves the right to invoke the Bank Guarantee given by the

successful bidder to appropriate the damages and also to black list the bidder from participating in any

future tender process of the Bank.

The Bank reserves its right to cancel the entire / unexecuted part of the Purchase Order at any time by

assigning appropriate reasons in the event of one or more of the following conditions, provided that the

Bidder was given 30 days to cure the default. In addition to the cancellation of purchase order, the Bank

reserves the right to invoke the Bank Guarantee given by the successful bidder to appropriate the damages

and also to black list the bidder from participating in any future tender process of the Bank.



9.4 The Bank reserves its right to get the application tested by any consultant / agency of its choice and

the Bidder shall not object to the same.

The Bank reserves its right to get the application tested by any consultant / agency of its choice, provided

that it is not a direct competitor to the Bidder and the Bidder shall not object to the same.


9.6 Payment Terms shall be as per the Payment Terms Tab Clause remains unchanged

9.11 A Service level agreement should be entered in to between the Bank and the successful bidder covering

all the terms and conditions and scope of work enumerated in this tender within a period of 90 days

from, the date of issuance of PO

A Service level agreement should be entered in to between the Bank and the successful bidder covering all

the terms and conditions and scope of work enumerated in this tender, subject to deviations proposed

within a period of 90 days from, the date of issuance of PO Clause remains unchanged

9.15 The successful bidder shall indemnify NABARD against all claims in respect of patent rights, design,

trademarks of name or other protected rights in respect of any material used for (hardware and/or

software) or in connection with the works or temporary works and from against all claims, demands

proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation

thereto. The successful bidder shall defend all actions arising from such claims, before any such

infringement and receive their permission to proceed, and shall himself pay all royalties, license fees,

damages, costs and charges of all and every sort that may be legally incurred in respect thereof. The

successful bidder, before starting the work of execution of the service contract as described under

scope of work, is required to submit a “Letter of Indemnity and Undertaking” as per the prescribed

format given in Annexure - S.

The successful bidder shall indemnify NABARD against all claims in respect of patent rights, design,

trademarks of name or other protected rights in respect of any material used for (hardware and/or

software) or in connection with the works or temporary works and from against all third party claims,

demands proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation

thereto. The successful bidder shall defend all actions arising from such claims, before any such

infringement and receive their permission to proceed, and shall himself pay all royalties, license fees,

damages, costs and charges of all and every sort that may be legally incurred in respect thereof. The

successful bidder, before starting the work of execution of the service contract as described under scope

of work, is required to submit a “Letter of Indemnity and Undertaking” as per the prescribed format given

in Annexure - S, subject to deviations proposed. Exceptions to Indemnity

(a) Bidder shall not have any liability to Customer under this Section to the extent that any infringement or

claim thereof is attributable to: (1) the combination, operation or use of a Deliverable with equipment or

software supplied by Customer where the Deliverable would not itself be infringing; (2) compliance with

designs, specifications or instructions provided by Customer; (3) use of a Deliverable in an application or

environment for which it was not designed or contemplated under this Agreement; or (4) modifications of

a Deliverable by anyone other than Bidder where the unmodified version of the Deliverable would not have

been infringing.

Bidder will completely satisfy its obligations hereunder if, after receiving notice of a claim, Bidder obtains

for Customer the right to continue using such Deliverables as provided without infringement, or replace or

modify such Deliverables so that they become non-infringing.


9.16 If the successful Bidder/Vendor fails to perform the Services within the period(s) specified in the

Contract / SLA, the Bank shall, without prejudice to its other remedies under the Contract, deduct

penalty from the Contract Price, as Liquidated Damages (LD), for every such default in service. Once

the liquidated damages reach 10% of the contract amount, the bank may consider termination of the

contract. At that point, the contract price will stand reduced to the actual amount payable by the

Bank. Proportionately the payment payable to the Successful Bidder will also stand reduced. All the

deliverables given to the Bank at that instant will continue to be the property of the bank and the bank

plans to use the same for any purpose which it may deem fit.

If the successful Bidder/Vendor fails to perform the Services within the period(s) specified in the Contract

/ SLA, the Bank shall, without prejudice to its other remedies under the Contract, deduct penalty from the

Contract Price, as Liquidated Damages (LD), for every such default in service


9.19 The Performance Guarantee would be discharged and returned to the Vendor after the completion of

contract period or successful performance of the contract, whichever is later

The Performance Guarantee would be discharged and returned to the Vendor after the completion of

contract period or successful performance of the contract, whichever is later Clause remains unchanged

In case, Vendor does not perform under the contract to the full satisfaction of NABARD during the

contract period, NABARD reserves the right to reject the items/services rendered under the contract in

its entirety or partially, as the case may be, during the evaluation period and Vendor shall be liable to

refund the full or proportionate amount, if already paid for the said items / services etc. In this regard

the decision of NABARD shall be final. The guarantee will be a continuing Guarantee, valid till the

expiry of the contact period.

In case, Vendor does not perform under the contract to the full satisfaction of NABARD during the contract

period and fails to cure any defect/default within 30 days of notice, NABARD reserves the right to reject

the items/services rendered under the contract in its entirety or partially, as the case may be, during the

evaluation period and Vendor shall be liable to refund the full or proportionate amount, if already paid for

the said rejected items / services etc. In this regard the decision of NABARD shall be final. The guarantee

will be a continuing Guarantee, valid till the expiry of the contact period.


Any deficiency or deficiencies observed by NABARD during the contract period or before, in the

performance or quality of the services rendered including the reverse transition, can separately or

collectively be subject to deduction of sums as compensation from the PBG deposited with NABARD.

This shall be in addition to other remedies available to it under the contract or otherwise if the

selected Vendor fails to fulfill any of the terms of contract / order or commits breach of any terms and

conditions of the contract

Any deficiency or deficiencies observed by NABARD during the contract period or before, in the

performance or quality of the services rendered including the reverse transition, can separately or

collectively be subject to deduction of sums as compensation from the PBG deposited with NABARD. This

shall be in addition to other remedies available to it under the contract or otherwise if the selected Vendor

fails to fulfill any of the terms of contract / order or commits breach of any terms and conditions of the

contract and fails to cure the same within 30 days of notice


By submitting a proposal, the Vendor agrees to promptly contract with NABARD for any work awarded

to the Vendor

By submitting a proposal, the Vendor agrees to promptly contract with NABARD for any work awarded to

the Vendor under this RFP Clause remains unchanged

In the event that NABARD is forced to cancel an awarded contract (related to this RFP document) due

to the Vendor’s inability to meet the established delivery dates, that Vendor will be responsible for any

re-procurement costs suffered by NABARD. The liability of Vendor in such an event shall be limited to

the amount actually spent by NABARD for procuring similar alternative deliverables and services or to

20% of the total contract value/cost whichever is higher

In the event that NABARD is forced to cancel an awarded contract (related to this RFP document) due to

the Vendor’s inability to meet the established delivery dates, that Vendor will be responsible for any re-

procurement costs suffered by NABARD. The liability of Vendor in such an event shall be limited to 10% of

the amount paid/payable to the Vendor for the defaulted services actually spent by NABARD for procuring

similar alternative deliverables and services or to 20% of the total contract value/cost whichever is higher



The Vendor also acknowledges that NABARD having relied on this statement of fact, therefore neither

accepting responsibility for, nor relieving the Vendor of responsibility for the performance of all

provisions and terms and conditions of this RFP document, NABARD expects the Vendor to fulfill all the

terms and conditions of this RFP document.

The Vendor also acknowledges that NABARD having relied on this statement of fact, therefore neither

accepting responsibility for, nor relieving the Vendor of responsibility for the performance of all applicable

provisions and terms and conditions of this RFP document, NABARD expects the Vendor to fulfill all the

terms and conditions of this RFP document applicable to it and subject to deviations proposed.


The Vendor further represents that the documentation to be provided to NABARD shall contain a

complete and accurate description of supply of new hardware, up gradation of PeopleSoft version 9.1

to PeopleSoft version 9.2 and AMC of both Hardware and software (Human Resource Management

System) project and shall be prepared and maintained in accordance with the highest industry

standards.The Vendor further undertakes to inform and assist NABARD for procuring any registrations,

permissions or approvals, which may at any time during the Contract Period be statutorily required to

be obtained by NABARD for availing services from the Vendor.

The Vendor further represents that the documentation to be provided to NABARD shall contain a complete

and accurate description of supply of new hardware, up gradation of PeopleSoft version 9.1 to PeopleSoft

version 9.2 and AMC of both Hardware and software (Human Resource Management System) project and

shall be prepared and maintained in accordance with the highest industry standards. The Vendor may

further undertakes to inform and assist NABARD for procuring any registrations, permissions or approvals,

which may at any time during the Contract Period be statutorily required to be obtained by NABARD for

availing services from the Vendor.


The Vendor shall at no point be entitled to excuse themselves from any claims by NABARD whatsoever

for their deviations in confirming to the terms and conditions, payments schedules, expected service

levels, time frame for supply of new hardware, up gradation of PeopleSoft version 9.1 to PeopleSoft

version 9.2 and AMC of both Hardware and software (Human Resource Management System).. as

mentioned in this RFP document

Request deletion as the Vendor has proposed deviations to the RFP


9.21 Irrespective of the status of the arbitration, the service should continue as per the SLA Irrespective of the status of the arbitration, the service should continue as per the SLA, unless the Dispute

is of such a nature that services cannot be reasonable rendered including non-payment by the Bank


9.22 In case of default and we are unable to comply with the above at the time of delivery or during

installation, for the software items already billed, we agree to take back the software/items without

demur, if already supplied and return the money, if any paid to us by you in this regard

In case of default and we are unable to comply with the above at the time of delivery or during

installation, for the software items already billed, we agree to take back the software/items without

demur, if already supplied and return the money, if any paid to us by you in this regard, provided the

oftware items have not been used by the Bank Clause remains unchanged

9.23 The bidder shall follow all the rules, regulations statutes and local laws and shall not commit breach of

any such applicable laws, regulations etc.

The bidder shall follow all the applicable rules, regulations statutes and local laws which ordinarily apply

to the bidder's business as an IT service provider and shall not commit breach of any such applicable laws,

regulations etc. Clause remains unchanged

It is clarified that notwithstanding the use of sub-contractors by the Bidder, the Bidder shall be solely

responsible for performance of all obligations under the SLA/NDA(Non Disclosure

Agreement) irrespective of the failure or inability of the subcontractor chosen by the Bidder to perform

its obligations

It is clarified that notwithstanding the use of sub-contractors by the Bidder, the Bidder shall be solely

responsible for performance of all obligations under the SLA/NDA(Non Disclosure

Agreement) applicable to it irrespective of the failure or inability of the subcontractor chosen by the

Bidder to perform its obligations Clause remains unchanged

Bidder should take Bank’s prior written permission before subcontracting/ resource outsourcing of any

work related to the performance of this RFP or as the case may be.

Bidder should take Bank’s prior written permission before subcontracting/ resource outsourcing of any

work related to the performance of this RFP or as the case may be, provided that the Bank shall not

withhold/delay its consent unreasonably. Clause remains unchanged

9.24 Bank may assign the Project and the solution and services provided therein by Bidder in whole or as

part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. The

Bank shall have the right to assign such portion of the facilities management services to any of the

Contractor/sub-contractor, at its sole option, upon the occurrence of the following: (i) Bidder refuses

to perform; (ii) Bidder is unable to perform; (iii) termination of the contract with Bidder for any reason

whatsoever;(iv) expiry of the contract. Such right shall be without prejudice to the rights and

remedies, which the Bank may have against Bidder. Bidder shall ensure that the said sub-contractors

shall agree to provide such services to the Bank at no less favourable terms than that provided by

Bidder and shall include appropriate wordings to this effect in the agreement entered into by Bidder

with such sub-contractors. The assignment envisaged in this scenario is only in certain extreme events

such as refusal or inability of Bidder to perform or termination/expiry of the contract/project.

With the Bidder's prior consent, Bank may assign the Project and the solution and services provided therein

by Bidder in whole or as part of a corporate reorganization, consolidation, merger, or sale of substantially

all of its assets. The Bank shall have the right to assign such portion of the facilities management services

to any of the Contractor/sub-contractor, at its sole option, upon the occurrence of the following: (i)

Bidder refuses to perform; (ii) Bidder is unable to perform; (iii) termination of the contract with Bidder for

any reason whatsoever;(iv) expiry of the contract. Such right shall be without prejudice to the rights and

remedies, which the Bank may have against Bidder. Bidder shall ensure that the said sub-contractors shall

agree to provide such services to the Bank at no less favourable terms than that provided by Bidder and

shall include appropriate wordings to this effect in the agreement entered into by Bidder with such sub-

contractors. The assignment envisaged in this scenario is only in certain extreme events such as refusal or

inability of Bidder to perform or termination/expiry of the contract/project.


9.25 The Bidders aggregate liability in connection with obligations undertaken as a part of the project

regardless of the form or nature of the action giving rise to such liability (whether in contract, tort or

otherwise), shall be at actuals and limited to the value of the contract. The Bidders liability in case of

claims against the Bank resulting from misconduct or gross negligence of the Bidder, its employees and

subcontractors or from infringement of patents, trademarks, copyrights(if any) or breach of

confidentiality obligations shall be unlimited. In no event shall the Bank be liable for any indirect,

incidental or consequential damages or liability, under or in connection with or arising out of this

tender and subsequent agreement or services provided on behalf of bank hereunder.

The Bidders aggregate liability in connection with obligations undertaken as a part of the project

regardless of the form or nature of the action giving rise to such liability (whether in contract, tort or

otherwise), shall be at actuals and limited to the annual value of the contract. The Bidders liability in case

of claims against the Bank resulting from misconduct or gross negligence of the Bidder, its employees and

subcontractors or from infringement of patents, trademarks, copyrights(if any) or breach of confidentiality

obligations shall be unlimited. In no event shall either Party the Bank be liable for any indirect, incidental

or consequential damages or liability, under or in connection with or arising out of this tender and

subsequent agreement or services provided on behalf of bank hereunder.


9.26 All information transmitted by successful Bidder belongs to the Bank. Any information considered

sensitive by the bank must be protected by the successful Bidder from unauthorized disclosure,

modification or access. The Bank’s decision will be final if any unauthorized disclosure have

encountered

Upon full and final payment, All information transmitted by successful Bidder under the scope of this

agreement belongs to the Bank. Any information considered sensitive by the bank must be protected by

the successful Bidder from unauthorized disclosure, modification or access. The Bank’s decision will be

final if any unauthorized disclosure have encountered Clause remains unchanged


9.27 All OEM/Vendor records with respect to any matters / issues covered under the scope of this

RFP/project shall be made available to the Bank at any time during normal business hours, as often as

the Bank deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.

Vendor shall permit audit by internal/external auditors of the Bank or RBI to assess the adequacy of risk

management practices adopted in overseeing and managing the outsourced activity/arrangement made

by the Bank. The VENDOR shall be subject to risk management and security and privacy policies that

meet the Bank’s standard.

All OEM/Vendor records with respect to any matters / issues covered under the scope of this RFP/project

shall be made available to the Bank at any time during normal business hours, as often as the Bank deems

necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Vendor shall permit

audit by internal/external auditors of the Bank or RBI to assess the adequacy of risk management practices

adopted in overseeing and managing the outsourced activity/arrangement made by the Bank. The VENDOR

shall be subject to risk management and security and privacy policies that meet the Bank’s standard.

To be added: Notwithstanding anything contained in the Proposal, excluding statutory/regulatory audits,

audit rights of the Bank shall be exercised not more than twice a year and at Bank's cost. Internal pricing

records shall be outside the purview of any audit and any external auditor shall not be a competitor of the

Bidder.


Compliance with Information security best practices may be monitored by periodic Information security

audits performed by or on behalf of the Bank and by the RBI. The periodicity of these audits will be

decided at the discretion of the Bank. These audits may include, but are not limited to, a review of:

access and authorization procedures, physical security controls, backup and recovery procedures,

network security controls and program change controls. To the extent that the Bank deems it necessary

to carry out a program of inspection and audit to safeguard against threats and hazards to the

confidentiality, integrity, and availability of data, the Service Provider shall afford the Bank’s

representatives access to the Vendor’s facilities, installations, technical resources, operations,

documentation, records, databases and personnel. The Vendor must provide the Bank access to various

monitoring and performance measurement systems (both manual and automated). The Bank has the

right to get the monitoring and performance measurement systems (both manual and automated)

audited without prior approval /notice to the Vendor

Upon prior written notice to the Vendor, Compliance with Information security best practices may be

monitored by periodic Information security audits performed by or on behalf of the Bank and by the RBI.

The periodicity of these audits will be decided at the discretion of the Bank. These audits may include, but

are not limited to, a review of: access and authorization procedures, physical security controls, backup

and recovery procedures, network security controls and program change controls. To the extent that the

Bank deems it necessary to carry out a program of inspection and audit to safeguard against threats and

hazards to the confidentiality, integrity, and availability of data, the Service Provider shall afford the

Bank’s representatives access to the Vendor’s facilities, installations, technical resources, operations,

documentation, records, databases and personnel. The Vendor must provide the Bank access to various

monitoring and performance measurement systems (both manual and automated). The Bank has the right

to get the monitoring and performance measurement systems (both manual and automated) audited

without prior approval /notice to the Vendor


The Bank shall be entitled to, either by itself or its authorized representative, visit any of the Vendor’s

premises without prior notice to ensure that data provided by the Bank is not misused.

The Bank shall be entitled to, either by itself or its authorized representative, visit any of the Vendor’s

premises without prior notice to ensure that data provided by the Bank is not misused.


9.28 The Vendor claims and represents that it has obtained appropriate rights to provide the Deliverables

upon the terms and conditions contained in this RFP. The Vendor shall be responsible for obtaining all

necessary authorizations and consents from third party licensors of Hardware and Software used by

Vendor in performing its obligations under this Project

The Vendor claims and represents that it has obtained appropriate rights to provide the Deliverables upon

the terms and conditions contained in this RFP, subject to deviations proposed. The Vendor shall assist the

Bank be responsible for obtaining all necessary authorizations and consents from third party licensors of

Hardware and Software used by Vendor in performing its obligations under this Project


9.29 The equipment (hardware, software etc.) supplied under the RFP shall be fully insured by the

successful Bidder against loss or damage incidental to manufacture or acquisition, transportation,

storage, delivery and installation. The insurance shall be obtained by the Bidder naming NABARD as the

beneficiary, for an amount Equal to 100% of the invoiced value of the goods on “all risks" basis. The

period of insurance shall be up to the date the supplied components are accepted and the all rights of

the property are transferred to the Bank in the Bank’s premises.

The equipment (hardware, software etc.) supplied under the RFP shall be fully insured by the successful

Bidder against loss or damage incidental to manufacture or acquisition, transportation, storage, delivery

and installation. The insurance shall be obtained by the Bidder naming NABARD as the beneficiary, for an

amount Equal to 100% of the invoiced value of the goods. on “all risks" basis. The period of insurance shall be up

to the date of Delivery.the supplied components are accepted and the all rights of the property are transferred to the

Bank in the Bank’s premises.


9.3 Termination for Default: The Bank, without prejudice to any other remedy for breach of contract, by

written notice of default sent to the Successful Bidder, may terminate this Contract in whole or in

part: a. if the Successful Bidder fails to deliver any or all of the deliverables / milestones within the

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

b. If the Successful Bidder fails to perform any other obligation(s) under the contract.

c. If the Successful Bidder, in the judgment of the Bank has engaged in corrupt or fraudulent practices

in competing for or in executing the Contract

Termination for Default: The Bank, without prejudice to any other remedy for breach of contract, by

written notice of default sent to the Successful Bidder, may terminate this Contract in whole or in part,

provided that the Bidder was given 30 days to cure the default:

a. if the Successful Bidder fails to deliver any or all of the deliverables / milestones within the period(s)

specified in the Contract, or within any extension thereof granted by the Bank; or;

b. If the Successful Bidder fails to perform any other material obligation(s) under the contract.

c. If the Successful Bidder, in the judgment of a court of competent jurisdiction the Bank has engaged in

corrupt or fraudulent practices in competing for or in executing the ContractClause remains unchanged

In the event, the Bank terminates the Contract in whole or in part, the Bank may procure, upon such

terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and

the Successful Bidder shall be liable to the Bank for any excess costs for such similar Goods or Services.

However, the Successful Bidder shall continue performance of the Contract to the extent not

terminated when the value of the liquidated damages exceed 10% of the contract value. In case the

contract is terminated then all undisputed payment will be given to vendor, but disputed payment shall

be adjusted by way of penalty from invoices or PBG.

In the event, the Bank terminates the Contract in whole or in part, the Bank may procure, upon such terms

and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the

Successful Bidder shall be liable to the Bank for any excess costs for such similar Goods or Services,

provided such excess cost shall not exceed by more than 10% of the price / rates quoted by bidder.

However, the Successful Bidder shall continue performance of the Contract to the extent not terminated

when the value of the liquidated damages exceed 10% of the contract value. In case the contract is

terminated then all undisputed payment will be given to vendor, but disputed payment shall be resolved

through the dispute resolution process under the proposal adjusted by way of penalty from invoices or

PBG.Clause remains unchanged

5 The Bank reserves the right to terminate the agreement with the Bidder / vendor at any time by giving

ninety (90) days prior written notice to the Bidder. Bank will specify the period for remedying any

defect

The parties Bank reserves the right to terminate the agreement with the other party Bidder / vendor at

any time by giving ninety (90) days prior written notice to the other party Bidder. Bank will specify the

period for remedying any defect will be mutually agreed upon. Clause remains unchanged

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

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

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

the extent of losses actually suffered and subject to the limitation of liability cap through encashment of

Bid Security / Performance Guarantee given by the Vendor. Clause remains unchanged


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

at more favourable terms in case such terms are offered in the industry at that time for projects of

similar and comparable size, scope and quality. The Bank shall have the option of purchasing the

equipment from third-party suppliers, in case such equipment is available at a lower price and the

Vendor’s offer does not match such lower price. Notwithstanding the foregoing, the Vendor shall

continue to have the same obligations as contained in this RFP in relation to such equipment procured

from third party suppliers. As aforesaid The Bank would procure the equipment from the third party

only in the event that the equipment was available at more favourable terms in the industry, and

secondly, The Equipment procured here from third parties is functionally similar, so that the Vendor

can maintain such equipment. The modalities under this right to re-negotiate /re-procure shall be

finalized at the time of contract finalization

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

more favourable terms in case such terms are offered in the industry at that time for projects of similar

and comparable size, scope and quality. The Bank shall have the option of purchasing the equipment from

third-party suppliers, in case such equipment is available at a lower price and the Vendor’s offer does not

match such lower price. Notwithstanding the foregoing, the Vendor shall continue to have the same

obligations as contained in this RFP in relation to such equipment procured from third party suppliers. As

aforesaid The Bank would procure the equipment from the third party only in the event that the

equipment was available at more favourable terms in the industry, and secondly, The Equipment procured

here from third parties is functionally similar, so that the Vendor can maintain such equipment. The

modalities under this right to re-negotiate /re-procure shall be finalized at the time of contract

finalization


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

Vendor will be expected to continue the facilities management services and the Bank will continue to

pay for all products and services that are accepted by it provided that all products and services as

serving satisfactory, as per satisfaction of the Bank. The Bank shall have the sole and absolute

discretion to decide whether proper reverse transition mechanism over a period of 6 to 12 months, has

been complied with. In the event of the conflict not being resolved, the conflict will be resolved

through Arbitration. The Bank and the Vendor shall together prepare the Reverse Transition Plan.

However, The Bank shall have the sole decision to ascertain whether such Plan has been complied with.

Reverse Transition mechanism would typically include service and tasks that are required to be

performed / rendered by the Vendor to The Bank or its designee to ensure smooth handover and

transitioning of Bank’s deliverables, maintenance and facility management.

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

Vendor will be expected to continue the facilities management services and the Bank will continue to pay

for all products and services that are accepted by it provided that all products and services as serving

satisfactory, as per satisfaction of the Bank. The parties Bank shall have the sole and absolute discretion to

decide whether proper reverse transition mechanism over a period of 6 to 12 months, has been complied

with. The maximum period of reverse transition to be provided by the Vendor is 6 months on mutually

agreed terms. In the event of the conflict not being resolved, the conflict will be resolved through

Arbitration. The Bank and the Vendor shall together prepare the Reverse Transition Plan. However, The

Bank shall have the sole decision to ascertain whether such Plan has been complied with. Reverse

Transition mechanism would typically include service and tasks that are contractually required to be

performed / rendered by the Vendor to The Bank or its designee to ensure smooth handover and

transitioning of Bank’s deliverables, maintenance and facility management.


10 Successful bidder shall undertake to observe, adhere to, abide by, comply with the Bank about all laws

in force or as are or as made applicable in future, pertaining to or applicable to them, their business,

their employees or their obligations towards them and all purposes of this scope of work and shall

indemnify, keep indemnified, hold harmless, defend and protect the Bank and its

employees/officers/staff/ personnel/representatives/agents from any failure or omission on its part to

do so and against all claims or demands of liability and all consequences that may occur or arise for any

default or failure on its part to conform or comply with the above and all other statutory obligations

arising there from.

Successful bidder shall undertake to observe, adhere to, abide by, comply with the Bank about all laws in

force or as are or as made applicable in future, pertaining to or applicable to them, their business, their

employees or their obligations towards them and all purposes of this scope of work and shall indemnify,

keep indemnified, hold harmless, defend and protect the Bank and its employees/officers/staff/

personnel/representatives/agents from any failure or omission on its part to do so and against all claims or

demands of liability and all consequences that may occur or arise for any default or failure on its part to

conform or comply with the above and all other statutory obligations arising there from.


12 The Bank reserves the right to reject a proposal for award if it determines that the Vendor

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

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

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

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

The Bank reserves the right to reject a proposal for award if it determines beyond reasonable doubt that

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

contract in question. The Bank reserves the right to declare a firm ineligible, either indefinitely or for a

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

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


13 The Prospective vendors have to submit the same duly signed on a non-judicial stamp paper of Rs.100/-

at the time of submission of the tender document.

The Prospective vendors have to submit the same and deviations proposed therein duly signed on a non-

judicial stamp paper of Rs.100/- at the time of submission of the tender document. Clause remains unchanged

Annexure B We, the undersigned, hereby covenant that the aforesaid tender of the Tenderer shall remain open for

acceptance by you during the period of validity as mentioned in the tender or any extension thereof as

you and the Tenderer may subsequently agree and if the Tenderer shall for any reason back out,

whether expressly or impliedly, from his said Tender during the period of its validity or any extension

thereof as aforesaid, WE hereby guarantee to you the payment of the sum of Rs....... on demand

this guarantee commences from the date hereof and shall remain in force till the Tenderer, if his

tender is accepted by you, furnishes the security as required under the said specifications and executes

a formal agreement as therein provided or till four months after the period of validity or the extended

period of validity, as the case may be of the tender, whichever of these is earlier

We, the undersigned, hereby covenant that the aforesaid tender of the Tenderer shall remain open for

acceptance by you during the period of validity as agreed by the Parties mentioned in the tender or any

extension thereof as you and the Tenderer may subsequently agree and if the Tenderer shall for any reason

back out, whether expressly or impliedly, from his said Tender during the period of its agreed validity or

any extension thereof as aforesaid, WE hereby guarantee to you the payment of the sum of Rs....... on

demand

this guarantee commences from the date hereof and shall remain in force till the Tenderer, if his tender is

accepted by you, furnishes the security as required under the said specifications and executes a formal

agreement as therein provided or till four months after the period of validity or the extended period of

validity, as the case may be of the tender, whichever of these is earlier


Annexure C We, the undersigned bidder, having read and examined the aforesaid RFP document in detail, do

hereby propose to extend the services as specified in the Tender document number .................

dated ................ and submit the following as per requirement.

We, the undersigned bidder, having read and examined the aforesaid RFP document in detail, do hereby

propose to extend the services as specified in the Tender document number ................. dated

................ and submit the following as per requirement except for the deviations submitted along with

this bid. Clause remains unchanged

Annexure L We declare that we have not been blacklisted/ debarred by any regulatory/ statutory authority/ PSU/

Government Client/ Bank/ FI. We declare that, as on date, no legal action has been initiated against us

for any cause in any legal jurisdiction/ That, as on date legal action has been initiated against us in

respect of …………….(as per details enclosed), however, the same does not affect our ability to deliver

the RFP requirements.

We declare that we are not currently have not been blacklisted/ debarred by any regulatory/ statutory

authority/ PSU/ Government Client/ Bank/ FI in India. We declare that, as on date, no legal action has

been initiated against us for any cause in any legal jurisdiction/ That, as on date legal action has been

initiated against us in

respect of …………….(as per details enclosed), however, the same does not that affect our ability to deliver

the RFP requirements.Clause remains unchanged


Annexure N One of the conditions of the said tender is that the Contractor shall furnish to NABARD a Performance

Bank Guarantee (PGB) for an amount of 10% of the total value order of hardware and software

i.e._________________________ (Rupees only) in favour of NABARD for the due and faithful

performance of the contract in all respects as per the conditions as set forth in the Tender by the

Contractor

One of the conditions of the said tender is that the Contractor shall furnish to NABARD a Performance Bank

Guarantee (PGB) for an amount of 10% of the total value order of hardware and software

i.e._________________________ (Rupees only) in favour of NABARD for the due and faithful performance

of the contract in all respects as per the conditions as set forth in the Tender by the Contractor and

deviations proposed Clause remains unchanged

2 In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the

BUYER with full and

verifiable facts and the same is prima facie found to the correct by the BUYER, necessary disciplinary

proceedings, or any other action as

deemed fit including criminal proceedings may be initiated by the BUYER and such a person shall be

debarred from further dealings related to the contract process. In such a case while an enquiry in being

conducted by the BUYER the proceedings under the contract would not be stalled

In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the

BUYER with full and

verifiable facts and the same is prima facie found to the correct by the BUYER, necessary disciplinary

proceedings, or any other action as

deemed fit including criminal proceedings may be initiated by the BUYER and such a person shall be

debarred from further dealings related to the contract process. In such a case while an enquiry in being

conducted by the BUYER the proceedings under the contract would not be stalled


3.12 If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder either directly

or indirectly is a relative of any of the officers of the BUYER, or alternatively if any relative of an

officer of the BUYER has financial interest/stake in the Bidder's firm, the same shall be disclosed by the

Bidder at the time of filling of tender

If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder who is actively

involved in this deal either directly or indirectly is a relative of any of the officers of the BUYER, or

alternatively if any relative of an officer of the BUYER has significant financial interest/stake (over 2%

shareholding) in the Bidder's firm, the same shall be disclosed by the Bidder at the time of filling of tender


3.13 The Bidder shall not lend to or borrow any money

from or enter into any monetary dealings or transactions, directly or

indirectly, with any employee of the BUYER

The Bidder shall not lend to or borrow any money

from or enter into any monetary dealings or transactions, directly or

indirectly, with any employee of the BUYER in order to secure the contract Clause remains unchanged

4.1 The Bidder declares that no previous transgression

occurred in the last three years immediately before signing of this

Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged

hereunder or with any Public Sector

Enterprises in India or any Government Department in India that could

justify Bidder's exclusion from the tender process

The Bidder declares that no previous transgression

occurred in the last three years immediately before signing of this

Integrity Pact, with any other company in India any country in respect of any corrupt practices envisaged

hereunder or with any Public Sector Enterprises in India or any Government Department in India that could

justify Bidder's exclusion from the tender process


5 Request to delete Clause remains unchanged


7.1 Any breach of the aforesaid provisions by the Bidder or any one employed by it or acting on its behalf

(whether with or without the knowledge of the Bidder) shall entitle the BUYER to take all or any one of

the following actions, wherever required:-

Any breach of a the aforesaid provision linked to Corrupt Practices, namely Clause 3 by the Bidder or any

one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder) shall

entitle the BUYER to take all or any one of the following actions, wherever required. Notwithstanding the

above, the Buyer shall retain the right to call off the pre contract negotiations with the Bidder in the event

that any of the commitments of Bidders under Clause 3 is breached by the Bidder.


To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at

2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from

a country other than India with interest thereon at 2%, higher than the LIBOR. If any outstanding

payment is due to the BIDDER from the BUYER in connection with another contract for any other stores,

such outstanding payment could also be utilized to recover the aforesaid sum and interest.

v. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the

BIDDER, in order to recover the payments, already made by the BUYER, along with interest.

To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2%

higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from a

country other than India with interest thereon at 2%, higher than the LIBOR. If any outstanding payment is

due to the BIDDER from the BUYER in connection with another contract for any other stores, such

outstanding payment could also be utilized to recover the aforesaid sum and interest.

v. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the

BIDDER, in order to recover the payments, already made by the BUYER, along with interest.


To cancel all or any other contracts with the SYSTEM INTEGRATOR To cancel this all or any other contracts with the SYSTEM INTEGRATOR Clause remains unchanged

To debar the BIDDER from participating in future bidding processes of the Government of India for a

minimum period of five years, which may be further extended at the discretion of the BUYER.

To debar the BIDDER from participating in future bidding processes of the Government of India for a

minimum period of five years, which may be further extended at the discretion of the BUYER. However, if

the Bidder can prove that he has restored / recouped the damage caused by him and has installed a

suitable corruption prevention system, the Buyer may revoke the exclusion prematurely, provided such

systems has been audited by an independent agency. Clause remains unchanged

To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with

a view to securing the contract.

To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a

view to securing the contract. Clause remains unchanged

The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact

also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with

our without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal

code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of

corruption.

The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact also

on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with actual

our without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code,

1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption

provided that the Bidder has been convicted for the same by a court of competent jurisdiction..


The decision of the BUYER to the effect that a breach of the

provisions of the Pact has been committed by the SYSTEM

INTEGRATOR shall be final and conclusive on the SYSTEM

INTEGRATOR. However, the SYSTEM INTEGRATOR can approach the

Independent Monitor(s) appointed for the purposes of this Pact.

The decision of the BUYER may make a decision to the effect that a breach of the

provisions of the Pact has been committed by the SYSTEM

INTEGRATOR shall be final and conclusive on the SYSTEM

INTEGRATOR. However, the SYSTEM INTEGRATOR can approach the

Independent Monitor(s) appointed for the purposes of this Pact. Clause remains unchanged



The Bidder(s) accepts that the Monitor has the

right to access without restriction to all Project documentation of

the BUYER including that provided by the Bidder. The

Bidder will also grant the Monitor, upon his request and

demonstration of a valid interest, unrestricted and unconditional access to his project documentation.

The same is applicable to

Subcontractors. The Monitor shall be under contractual obligation

to treat the information and documents of the Bidder/Subcontractor(s) with confidentiality

The Bidder(s) accepts that the Monitor has the

right to access without restriction to all Project documentation of

the BUYER including that provided by the Bidder. The

Bidder will also grant the Monitor, upon his request and

demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The

same is applicable to

Subcontractors. The Monitor shall be under contractual obligation

to treat the information and documents of the Bidder/Subcontractor(s) with confidentiality. However,

notwithstanding anything to the contrary, such information and documentation shall exclude internal cost

records, sensitive financial data and data that is protected by confidentiality obligations owed to a third

party.Clause remains unchanged

Both the parties accept that the Monitors have the right to

access all the documents relating to the project/procurement, including minutes of meetings.

Both the parties accept that the Monitors have the right to

access all the documents relating to the project/procurement, including minutes of meetings. The Monitor

shall be under contractual obligation to treat the information and documents of the Bidder/

Subcontractor(s) with confidentiality. Clause remains unchanged

In case of any allegation of violation of any provisions of this Pact or payment of commission, the

BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of

the BIDDER and the BIDDER shall provide necessary information and documents in English and shall

extend all possible help for the purpose of such examination.

In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or

its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER

and the BIDDER shall provide necessary information and documents in English and shall extend all possible

help for the purpose of such examination. However, notwithstanding anything to the contrary, such

information and documentation shall exclude internal cost records, sensitive financial data and data that is

protected by confidentiality obligations owed to a third party.


Annexure S Request to delete Clause remains unchanged

New Clause added Title of ownership and risk of the goods supplied under this Contract is passed onto NABARD on Delivery of

material at NABARD's location. Not accepted.

Modification

9.6.2 Payment will be made on the following basis:

Software Upgrade Payment Terms

20% of the migration, implementation and customization cost shall be paid after complete SRS document for all

modules is approved by Bank.

40% of the migration, implementation and customization cost shall be paid on successful completion and approval

by Bank of UAT for all modules.

30% of the migration, implementation and customization cost shall be paid one month after successful Go Live of

the new version and its component along with the inbuilt customization.

10% of the migration, implementation and customization cost shall be paid after successful implementation

against submission of Performance Bank Guarantee of 10% of migration, implementation and customization cost.

Hardware Payment Terms

50% payment on Delivery

30% payment on Installation and its acceptance by the Bank

Balance 20% will be paid after successful application migration from existing setup to new procured setup at DC &

DR.

AMC / ATS / Onsite support shall be paid quarterly in arrears. However it can be paid at the start of each year after

furnishing Performance Bank guarantee by the vendor of equivalent amount valid for one year. This PBG will be

separate from Purchase order PBG.

9.6.2 Payment will be made on the following basis:

Software Upgrade Payment Terms

20% of the migration, implementation and customization cost shall be paid after complete SRS document for all

modules is approved by Bank. Payment term for Software has to be 100 % on delivery . what will be implementation timeline ? Clause remains unchanged

6.1/Supply of Hardware for

DC & DR

RFP Clause: The supply and installation of new hardware at DC

and DR should be completed within 8 weeks from the date of Purchase order.

Please modify the clause as per below: The supply of new hardware at DC & DR should be

within 8 weeks from date of PO & physical hardware installation should be completed withihn 2 weeks from the

hardware delivery. Clause remains unchanged

General What is the RPO/RTO requirement ? Under revision

6.2.19

RFP Clause: Half yearly backup restoration for Operating

System and Data, drill is part of scope of work. The proposed architecture design should be as per the Industry

best practices. Please clarify :

Where we have to restore OS. Do we need to consider additional capacity & resource for OS restoration. Test or Dev enviorenments may be used for restoration.

B) Monitoring

RFP Clause: The Vendor must provide the Bank access to

various monitoring and performance measurement systems (both manual and automated). The Bank has the right

to get the monitoring and performance measurement systems (both manual and automated) audited without

prior approval /notice to the Vendor Please clarify:

We Need more clairty on above RFP clause.

Inbuilt tools and processes of OS, DB etc need to be configured for

manual/automated monitoring. As clarified in Pre-bid meeting, Application

Monitoring tools need not be provided.


5.28.2

RFP Clause: Database License Cores

Query: The Database licensed cores are mentioned as 6

which are sum of procution instances at DC+HA+DR. There is no mention of licensing for Test/DEV. Please specify

the same

Database liceses currently available for HRMS have been listed. Bidder may

provision for any proposed changes.

6.1 Scope of work

RFP Clause: Any other services which are required during the

contract period for seamless functioning of the solution so as to make all functions available to the user

Please Clarify: This statement is vaguley defined and need exact

scope. Clause remains unchanged

6.1 Supply of New Hardware

for DC and DR

RFP Clause: User growth of 10% over 5 yrs

Query: 10% growth in User is for 5 year totally or year on

year growth. 10 % growth in user is for full 5 years.

Annexure U

RFP Clause: San Switch at DC Query:

There is no mention of how many ports should the san switch contain and the spped of the ports i.e 8 or 16 Gbs/s

Latest configuration switches should be provisioned. Number of ports should

be provisioned as per the hardware solutioning being done by the bidder

along with sifficient provision for expansion(if required).

6.2.4 "The bidder should provide support at Head Office to support the PeopleSoft application.

Sl. No. Item Description Number of Support Engineer Type of Support Remarks

1. For rectification of bugs/customizing of the existing program / coordinating with OEM for solving the

application bugs. 02(Two) Onsite Having Minimum experience of 3 Years.

2. People Soft Administration 01(One) Onsite -do-

3. Payroll and Absence Management Functional 01 (One) Offsite The Resource will have to report

onsite as and when required. Having Minimum experience of 3 Years."

Header mentions support should be provided onsite and row no 3 of table mentions offsite. Need clarity on

this

Payroll and Absence Management Functional resource needs to

provide support as and when required. Medium of support could be

remotely or onsite as per the requirement of the Bank. This support is

required for configurational changes/ bug fixes/ modifications/

changes etc in Payroll and Absence modules.

INVITATION TO BID

The Bank proposes to upgrade the existing PeopleSoft version 9.1 to PeopleSoft version 9.2, with a view to take

advantage of additional/ enhanced functionalities introduced in the new releases particularly in the area of global

payroll, absence management, recruitment etc. and to get better system performance.

As per our understanding, Recruitment module is not being used by bank. Should we upgrade and to consider the

process of Rollout and training?

All the licenses held by Bank need to be renewed. In future, bank may rollout

such modules if required.

4.3 Customizations in the existing setup of PeopleSoft HRMS version 9.1

Can you please provide the bifurcation between Customized / custom developed count. Can you please Specify

number of interfaces (CIs) and Business Process developed? The details are listed in RFP.

6.2.4 Onsite support TCS expect more than 3 resources in 1st year for support. Can we Propose our own support methodology Bidder may propose its own support methodology.

6.3.1.9

Overall approach for upgrade to be a “Lift and Shift” type Technical upgrade whereby existing custom bolt-no’s,

reports and interfaces to be retrofitted Can you list down the interfaces and the details

One with Core application already exists. Another interfaces may be required

by Enterprise Content Management in future.

6.3.2.18

6.3.2.18 The successful bidder is required to make the PeopleSoft 9.2 made available in Unicode including Hindi

Language. Any report like APAR, Assets and Liabilities etc. shall be made available in Hindi as per Bank’s

requirement.

As per our understanding, the entire application with data would be in English, and only selected reports with headings

/ lables will be hindi, Please confirm Clause is self explanatory.

24

The successful bidder should conduct System Requirement Study (SRS) covering the risk, quality, migration,

conversion, cutover, resource, change and communication management plan after understanding the

requirements from the Bank team for the upgrade/ implementation of the solution and submit the SRS within 15

days from acceptance of the Purchase Order. 15 days timeline for SRS is very stringent, can it be extend to 1 month? Clause remains unchanged

25

Once the SRS is signed off from the Bank side, the bidder has to submit a detailed project plan for supply of new

hardware, upgrade, migration, customization, testing and implementation of all the modules of PeopleSoft HRMS

application. Dose it means the detailed Project Plan and Resource Plan to be furnish post SRS finalization.

This Project plan refers to detailed plan of activities along with timelines.

Project Management Approach needs to be submitted with Bid.

General Can you please share the Ticket dump or summary of tickets raised by HR Not available.

General Application Performance management Required??

Inbuilt tools and processes of OS, DB etc need to be configured for

manual/automated monitoring. As clarified in Pre-bid meeting, Application

Monitoring tools need not be provided.

General Is backup software also needed? Or the existing backup licenses would be used.

Bidder may leverage the existing backup software, but the same needs to be

upgraded to the latest version.

5.28.2 No of Oracle license

Please provide the bifurcation of oracle DB license. How its utilized in DC , DR & Non-Prod enviorment. Please provide

the details.

Database liceses currently available for HRMS have been listed. Bidder may

provision for any proposed changes.

6.1

The proposed hardware including storage and servers needs to be provisioned considering an increase of 10% in

user base over a period of 5 years.

The proposed hardware including storage and servers needs to be provisioned considering an increase of 10% in user

base over a period of 5 years. So the overall sizing should cater to 10% additional user growth? Should there be any

additional modules that we need to cater sizing for ?

Sizing should cater to the 10% growth. Any new modules, if required , will be

implemented through Change Request.

6.3.2.8

The bidder should review and improve the architecture for optimal utilization of the hardware and submit a report

in this regard to Bank Please share the CPU , Memory peak utlilzation of DC production Sserves ( Each LPAR ) Not available.

Please share FC Storage HDD utilization Not available.

Anneture U Proposed Hardware setup

There are no details about exsiting Test & development servers w.r.t no of servers, no of cores etc. Only 2 no of

reporting servers are mentioned. Please provide the details about Test & Dev servers. Details provided in RFP.

Anneture U Proposed Hardware setup Does bidders needs to provide Test , Dev & reporting server at DR site ? Please confrim the same May be configured as per the existing architecture.

Anneture U Proposed Hardware setup

Can the test/Dev servers be part of the same physical server where production is being used or it needs to be

physically seperate? Bidder may propose the architecture.

6.3.1.1 Weblogic license Are there any separate Weblogic Licenses or the one included in the application suite is being used? Details provided in RFP.

Anneture U Proposed Hardware setup Tape drives to be proposed needs to be LTO6 or LTO7? LTO 6 or higher.

Anneture U SAN storage with 15 TB usable space

we can achieve the 15 TB usable space after applying different RAID level. Please confirm the RAID level to achieve the

15 TB usable space at DC. ( for exapmle , 15 TB usable after RAID 1 etc ) OR define RAW Space

Currently we have RAID 10. Bidder may propose appropriate and robust

solution.

Anneture U SAN storage at DC & DR Do we need to consider storage replication software , flash copy etc with SAN storage at DC & DR

Proposed DC DR replication solution should be in such a manner that there is

no need of manual replication on any level i.e. Web, App, DB or Flat files.

5.2 All bidders need to bid for all the requirements and the selected bidder will receive the order for all of it or partial

order depending on the decision of NABARD. Does this imply that the Order for Hardware and Software can be split between 2 or more vendors , Please clarify

This just implies that a partial order can be placed in case certain services are

not desired at later stage. The order will not be split into two vendors.


05:30:06

Any interim arrangements for hardware, software or other components, if any, which are temporarily required for

completing the upgradation activity, within the prescribed schedule, are to be provisioned and provided by the

bidder. Bank will not provide any such infrastructure for this purpose.

It is assumed that NABARD will provide hosting facilities such as Space Power and Cooling for the interim Hardware,

Please ClarifyNABARD will provide.

05:30:08 The successful bidder will not subcontract any part of this RFP scope to a third party. The Principal Vendor can engage affiliated third Party product and Service partner/provider , Please Confirm Clause remains unchanged

05:31:04 The New Hardware should be sized in such a way that existing Oracle Database and Weblogic licenses are used to

its optimal and there is no need to procure additional licenses. Bidder will be able to provide an assessment of the adequacy of licenses only after a detailed due diligence Clause remains unchanged6.1 As the existing hardware is under warranty upto 31st March 2018, Understand that Hardware is under AMC , Please clarify Hardware is under AMC support.

6.2The bidder is expected to support and maintain the existing hardware till successful migration and subsequent go-

live wherein there is no dependency on old hardware.

Understand that the existing Hardware is under AMC till 31-3-2018, Hence it will continue to be under support of the

existing support Vendor.

Till 31-3-2018, the Hardware will be supported by existing vendor. Any

support after this date will have to be taken care by the bidder.

6.2.6.2 The successful bidder should provide a ticketing tool for reporting and monitoring the bugs/customization

requirements in the solution. Can the Ticketing Tool existing with NABARD be leveraged for the purpose ? Bidder has to provide.

The bidder will be responsible to keep the Production and the DR environment in synchronization. What is the existing Replication Link between DC & DR ? ( Type & Bandwidth) 32 Mbps MPLS link with redundancy.

6.1

The proposed hardware including storage and servers needs to be provisioned considering an increase of 10% in

user base over a period of 5 years.

Is the growth of 10% Year-on-Year or Cumulative growth over 5 years ? Should there be any additional modules that

we need to cater sizing for ?

Sizing should cater to the 10% growth. Any new modules, if required , will be

implemented through Change Request.

6.3.2.8

The bidder should review and improve the architecture for optimal utilization of the hardware and submit a report

in this regard to Bank Please share the CPU , Memory peak utlilzation of DC production Sserves ( Each LPAR ) Clarified above.

6.3.1.1 Weblogic license Are there any separate Weblogic Licenses or the one included in the application suite is being used? Details provided in RFP.

SAN storage with 15 TB usable space

we can achieve the 15 TB usable space after applying different RAID level. Please confirm the RAID level to achieve the

15 TB usable space at DC. ( for exapmle , 15 TB usable after RAID 1 etc ) OR define RAW Space Clarified above.

Database size Please share the current Database size 450 Gb exclusive of temporary data/ archive logs.

Web & Application servers There are two LPARS for web & application servers. How both servers are get load balanced ? Please confirm

Load balancing for application servers done through WebLogic. Web Servers

level load balancing being taken care at Firewall level.

Networking component

We understand that Network switches, Firewall, KVM's , Racks , server load balancers,data center cabling & UPS are

out of scope the of bidder. Please confirm.

All cabling pertaining to Hardware being supplied under this project will be

undertaken by the bidder. Necessary SAN switches and Network switches

may be proposed as part of solution. Rack space will be provided by bank.

5.5

Offer Validity Period

The Offer should hold good for a period of 270 days from the date of the opening of commercial offer.

Requirement has HW components which are exchange rate dependent, OEM does not provide price validity beyond 90

days. Clause remains unchanged

5.19

Fixed Price

The Commercial Offer shall be on a fixed price basis, inclusive of all the taxes. No price variation relating to

increase in customs duty, excise, tax, dollar price etc. will be permitted.

We are in GST era, request NABARD to change taxes at actuals. All prices to be quoted excluding all taxes, but

including customs duty. Clause modified. All costs are exclusive of taxes.

8.1 (8)

The Bidder, should have at least 3 years experience in implementation and support of PeopleSoft HRMS

application version 9.1/9.2 or migration of version to 9.1/ 9.2 in at least one PSU Bank or in a reputed Private Bank

(having more than 5000 employees) in India (POCs done will not be treated as experience of the bidder).

HRMS & Payroll implementation in a PSU BFSU institution has different and unique components when compared to a

Private Sector Bank or Corporate. Therefore, request the eligibility criteria to be specific only on PSU BFSI Institutions

and not as mentioned. All leading SI partners of Peoplesoft have executed projects in this space. Clause remains unchanged

9.1 Contract period

If the contract start date is 1st April 2018,. Pls clarify, if resource deployment and hardware procurement will happen

during that time only. Provided in RFP.

The contract shall be for a period of five years from 01.04.2018 to 31.03.2023.

6.1 Scope of work

Any other services which are required during the contract period for seamless functioning of the solution so as to

make all functions available to the user This statement is vaguley defined and need exact scope. Clause remains unchanged

Annexure U 15 Tb San storage at DC in mumbai

There is no mention of how many IOPS should the propose storage system deliver. What latency the storage system

deliver. Should the capacity consist of SSD+SAS or only SAS Drives to meet the required performance Bidder may propose the solution.

Annexure U 8 TB San Storage at DR in faridabad

There is no mention of how many IOPS should the propose storage system deliver. What latency the storage system

deliver. Should the capacity consist of SSD+SAS or only SAS Drives to meet the required performance Bidder may propose the solution.

5.19

Fixed Price

The Commercial Offer shall be on a fixed price basis, inclusive of all the taxes. No price variation relating to

increase in customs duty, excise, tax, dollar price etc. will be permitted.

Fixed Price

The Commercial Offer shall be on a fixed price basis, exclusive of all the taxes. No price variation relating to increase

in customs duty, excise, tax, dollar price etc. will be permitted.

Clause changed. Exclusive of all taxes.

6.2.7.1

Bidder is required to quote for 1000 man days of effort to develop additional modules/enhancements in the

solution. Bank will prioritize the development of additional modules/enhancement work based on the actual

requirement. The rate for man-days shall be freezed for the entire contract period, even if the total man days

utilization goes beyond 1000. Payments for additional man days required beyond 1000 shall be made as per the

same rate.

Bidder is required to quote for 1000 man days of effort to develop additional modules/enhancements in the solution.

Bank will prioritize the development of additional modules/enhancement work based on the actual requirement. The

rate for man-days shall be freezed for the entire contract period. Clause remains unchanged

6.2.11 The bidder is required to do the new module/custom development on-site as and when required by the Bank. The bidder is required to do the new module/custom development on-site as and when required by the Bank. Clause remains unchanged

6.4.6

The User acceptance test will be carried out as per mutually agreed Acceptance Test Plan against the systems

requirements. The system will be considered accepted only after acceptance test is completed as per the agreed

plan and is duly signed/certified by the Bank and the bidder.

The User acceptance test will be carried out as per mutually agreed Acceptance Test Plan against the systems

requirements. The system will be considered accepted only after acceptance test is completed as per the agreed plan

and is duly signed/certified by the Bank and the bidder. Clause remains unchanged

9.2

Completeness of Implementation

The implementation will be deemed as incomplete if any of the services are not delivered or is delivered but not

operational or not acceptable to the Bank after acceptance testing/examination.

The implementation will be deemed as incomplete if any of the services are not delivered or is delivered but not

operationa, has failed the agreed acceptance test.

In such an event, the implementation will be termed as incomplete and it will not be accepted and warranty period will

not commence. The implementation will be accepted after redelivery of the application and working successfully for a

minimum period of 30 days.



9.3

Order Cancellation

The Bank reserves its right to cancel the entire / unexecuted part of the Purchase Order at any time by assigning

appropriate reasons in the event of one or more of the following conditions:

1. Delay in offering services beyond the stipulated period from the date of Purchase Order.

2. Delay in implementation beyond stipulated period

3. Repetitive failures/poor service after implementation and acceptance by the Bank.

4. Any other reason.

In addition to the cancellation of purchase order, the Bank reserves the right to invoke the Bank Guarantee given

by the successful bidder to appropriate the damages and also to black list the bidder from participating in any

future tender process of the Bank

The Bank reserves its right to cancel the entire / unexecuted part of the Purchase Order at any time by assigning

appropriate reasons in the event of one or more of the following conditions:

1. Delay in offering services beyond the stipulated period from the date of Purchase Order.

2. Delay in implementation beyond stipulated period

3. Repetitive failures/poor service after implementation and acceptance by the Bank.

4. Any other reason.

In addition to the cancellation of purchase order, the Bank reserves the right to invoke the Bank Guarantee given by

the successful bidder to appropriate the damage Clause remains unchanged

9.8

9.8 Pricing & Payments

The price offered to the Bank must be in Indian Rupees only. The consolidated fees and charges required to be

paid by the Bank against each of the specified components under this RFP and Subsequent Agreement shall be all-

inclusive amount with currently applicable taxes. The Vendor shall provide the details of the taxes applicable in the

invoices that shall be raised on the Bank. Accordingly, the Bank shall deduct at source, all applicable taxes from the

payments due/ payments to vendor which includes TDS. The Goods and Service tax shall be paid by the vendor to

the concerned authorities. In case of any variation (upward or down ward) in Government taxes etc. up-to the date

of providing services , the benefit or burden of the same shall be passed on or adjusted to the Bank. If the Vendor

makes any conditional or vague offers, without conforming to these guidelines, the Bank will treat the prices

quoted as in conformity with these guidelines and proceed accordingly.

9.8 Pricing & Payments

The price offered to the Bank must be in Indian Rupees only. The consolidated fees and charges required to be paid by

the Bank against each of the specified components under this RFP and Subsequent Agreement shall be amount E52

currently applicable taxes. The Vendor shall provide the details of the taxes applicable in the invoices that shall be

raised on the Bank. Accordingly, the Bank shall deduct at source, all applicable taxes from the payments due/

payments to vendor which includes TDS. The Goods and Service tax shall be paid by the vendor to the concerned

authorities. In case of any variation (upward or down ward) in Government taxes etc. up-to the date of providing

services , the benefit or burden of the same shall be passed on or adjusted to the Bank. If the Vendor makes any

conditional or vague offers, without conforming to these guidelines, the Bank will treat the prices quoted as in

conformity with these guidelines and proceed accordingly.

All charges will be exclusive of taxes.

9.9

9.9. Annual Maintenance Charges

The bidder is required to quote separately for on-site Annual Comprehensive Maintenance charges for five years

at the site. This rate should be quoted in Indian rupees and inclusive of all taxes.

The bidder shall give firm commitment to provide maintenance at the price quoted as above for the entire

contract period. The Bank will not permit any changes in AMC rates once quoted, for any reason whatsoever. The

AMC rate quoted should be inclusive of all taxes.

The bidder is required to quote separately for on-site Annual Comprehensive Maintenance charges for five years at

the site. This rate should be quoted in Indian rupees and shall exclude of all taxes.

The bidder shall give firm commitment to provide maintenance at the price quoted as above for the entire contract

period. The Bank will not permit any changes in AMC rates once quoted, for any reason whatsoever. The AMC rate

quoted should exclude all taxes.

All charges will be exclusive of taxes.

9.12 Guarantee on Uptime

The combined Up-Time of the hardware and software provided by the vendor relating to the HRMS package

should provide continuous and guaranteed level of service and functionality as defined in this document (except

the down-time due to the Bank’s network or UPS failure). The vendor undertakes and guarantees a system Up-

Time of 99.9% during the period of warranty and AMC with the Bank is in force.

The vendor is liable for a penalty of Rs.3,000/-(Rupees three thousand only) per day when system availability falls

below the expected availability of 99.9%, subject to a maximum of 10% of the above said purchase order value,

apart from replacement of the respective hardware/software at vendor’s own cost for ensuring system availability.

The successful bidder is liable for a penalty of Rs.1000/- (Rupees One Thousand only) per hour for non-availability

of the system subject to maximum of 10% of the purchase order value, for any reason apart from Bank’s network

or UPS failure.

Such penalty shall be adjusted as maintenance credit against the AMC payable by the Bank to the vendor.

9.13 Penalties

Delay in delivery and installation

If the bidder fails to install the software/hardware within the specified time limit, then Bidder shall be liable for

penalty of Rs.25, 000/- per week or part thereof subject to a maximum of 10% of the order value. However this

penalty will not be applicable if the delay is with the prior written approval of the Bank.

The combined Up-Time of the hardware and software provided by the vendor relating to the HRMS package should

provide continuous and guaranteed level of service and functionality as defined in this document (except the down-

time due to the Bank’s network or UPS failure). The vendor undertakes and guarantees a system Up-Time of 99.9%

during the period of warranty and AMC with the Bank is in force.

The vendor is liable for a penalty of Rs.3,000/-(Rupees three thousand only) per day when system availability falls

below the expected availability of 99.9%, subject to a maximum of 5% of the above said purchase order value, apart

from replacement of the respective hardware/software at vendor’s own cost for ensuring system availability.

The successful bidder is liable for a penalty of Rs.1000/- (Rupees One Thousand only) per hour for non-availability of

the system subject to maximum of 5% of the purchase order value, for any reason apart from Bank’s network or UPS

failure.

Such penalty shall be adjusted as maintenance credit against the AMC payable by the Bank to the vendor.

9.13 Penalties

Delay in delivery and installation

If the bidder fails to install the software/hardware within the specified time limit, then Bidder shall be liable for penalty

of Rs.25, 000/- per week or part thereof subject to a maximum of 5% of the order value. However this penalty will not

be applicable if the delay is with the prior written approval of the Bank.


9.15 Indemnity

The successful bidder shall indemnify NABARD against all claims in respect of patent rights, design, trademarks of

name or other protected rights in respect of any material used for (hardware and/or software) or in connection

with the works or temporary works and from against all claims, demands proceedings, damages, costs, charges

and expenses whatsoever in respect thereof or in relation thereto. The successful bidder shall defend all actions

arising from such claims, before any such infringement and receive their permission to proceed, and shall himself

pay all royalties, license fees, damages, costs and charges of all and every sort that may be legally incurred in

respect thereof. The successful bidder, before starting the work of execution of the service contract as described

under scope of work, is required to submit a “Letter of Indemnity and Undertaking” as per the prescribed format

given in Annexure - S.

The successful bidder shall indemnify NABARD against all claims in respect of patent rights, design, trademarks of

name or other protected rights in respect of any material used for (hardware and/or software) or in connection with

the works or temporary works and from against all claims, demands proceedings, damages, costs, charges and

expenses whatsoever in respect thereof or in relation thereto. The successful bidder shall defend all actions arising

from such claims, before any such infringement and receive their permission to proceed, and shall himself pay all

royalties, license fees, damages, costs and charges of all and every sort that may be legally incurred in respect thereof.

The successful bidder, before starting the work of execution of the service contract as described under scope of work,

is required to submit a “Letter of Indemnity and Undertaking” as per the prescribed format given in Annexure - S. Clause remains unchanged

9.16 Liquidated Damages

If the successful Bidder/Vendor fails to perform the Services within the period(s) specified in the Contract / SLA,

the Bank shall, without prejudice to its other remedies under the Contract, deduct penalty from the Contract Price,

as Liquidated Damages (LD), for every such default in service.

ii The Liquidated Damages (LD) shall be a sum equivalent to 1% of contract amount for each week or part thereof

for delay until actual delivery or performance. However, the total amount of Liquidated Damages deducted will be

pegged at 10% of the contract amount. Once the liquidated damages reach 10% of the contract amount, the bank

may consider termination of the contract. At that point, the contract price will stand reduced to the actual amount

payable by the Bank. Proportionately the payment payable to the Successful Bidder will also stand reduced. All the

deliverables given to the Bank at that instant will continue to be the property of the bank and the bank plans to

use the same for any purpose which it may deem fit.

If the successful Bidder/Vendor fails to perform the Services within the period(s) specified in the Contract / SLA, the

Bank shall, without prejudice to its other remedies under the Contract, deduct penalty from the Contract Price, as

Liquidated Damages (LD), for every such default in service.

ii The Liquidated Damages (LD) shall be a sum equivalent to 1% of contract amount for each week or part thereof for

delay until actual delivery or performance. However, the total amount of Liquidated Damages deducted will be pegged

at 5% of the contract amount. Once the liquidated damages reach 5% of the contract amount, the bank may consider

termination of the contract. At that point, the contract price will stand reduced to the actual amount payable by the

Bank. Proportionately the payment payable to the Successful Bidder will also stand reduced. All the deliverables given

to the Bank at that instant will continue to be the property of the bank and the bank plans to use the same for any

purpose which it may deem fit.



9.19. Performance Bank

Guarantee

The Vendor must strictly adhere to the delivery dates or lead times identified in their proposal. Failure to meet

these delivery dates, unless it is due to reasons entirely attributable to NABARD, may constitute a material breach

of the Vendor’s performance. In the event that NABARD is forced to cancel an awarded contract (related to this

RFP document) due to the Vendor’s inability to meet the established delivery dates, that Vendor will be

responsible for any re-procurement costs suffered by NABARD. The liability of Vendor in such an event shall be

limited to the amount actually spent by NABARD for procuring similar alternative deliverables and services or to

20% of the total contract value/cost whichever is higher.

The Vendor must strictly adhere to the delivery dates or lead times identified in their proposal. Failure to meet these

delivery dates, unless it is due to reasons entirely attributable to NABARD, may constitute a material breach of the

Vendor’s performance. In the event that NABARD is forced to cancel an awarded contract (related to this RFP

document) due to the Vendor’s inability to meet the established delivery dates, that Vendor will be responsible for any

re-procurement costs suffered by NABARD. The liability of Vendor in such an event shall be limited to the amount

actually spent by NABARD for procuring similar alternative deliverables and services or to 5% of the total contract

value/cost whichever is higher. Clause remains unchanged

9.21. Resolution of Disputes

NABARD and the Vendor shall make every effort to resolve amicably, by direct informal negotiation between the

respective project directors of NABARD and the Vendor, any disagreement or dispute arising between them under

or in connection with the contract. The ‘Project Director’ will be defined by the designation of responsible officers

of Bidder and NABARD.

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

discharge of any obligation arising under this RFP (Whether during the course of execution of the order or after

completion and whether before or after termination, abandonment or breach of the terms and conditions of RFP)

shall be resolved amicably.

iii. In case of failure to resolve the disputes and differences amicably within 30 days of the receipt of notice by the

other party, then such unsettled dispute or difference shall be referred to arbitration by sole arbitrator mutually

agreed in accordance with the Arbitration and Conciliation Act, 1996. If no agreement is arrived at within 30 days

from the date of notice as to who shall be the sole arbitrator, then the sole arbitrator shall be appointed as

hereinafter provided.

iv. In case Vendor raises a dispute and the same is referred to arbitration, NABARD shall send to Vendor/Bidder a

list of three names of persons who shall be presently unconnected with NABARD or Vendor. Vendor shall on

receipt of the names as aforesaid, select any one person so named to be appointed as sole arbitrator and

communicate his name to NABARD within 30 days of receipt of the names. Vendor shall thereupon without delay

appoint the said person as the sole arbitrator. If Vendor fails to select the person as sole arbitrator within 30 days

of receipt of the panel NABARD shall be entitled to appoint one of the persons from the panel as sole arbitrator

and communicate his name to Vendor. If the person so

v. In case NABARD raises a dispute and the same is referred to arbitration, Vendor shall send to NABARD a list of

three names of persons who shall be presently unconnected with Vendor or NABARD. NABARD shall on receipt of

the names as aforesaid, select any one person out of the panel of three so named to be appointed as sole

arbitrator and communicate his name to Vendor within 30 days of receipt of the names. Vendor shall thereupon

without delay appoint the said person as the sole arbitrator. If NABARD fails to select the person as sole arbitrator

NABARD and the Vendor shall make every effort to resolve amicably, by direct informal negotiation between the

respective project directors of NABARD and the Vendor, any disagreement or dispute arising between them under or

in connection with the contract. The ‘Project Director’ will be defined by the designation of responsible officers of

Bidder and NABARD.

ii. All disputes and differences of any kind whatsoever, arising out of or in connection with this RFP or in the discharge

of any obligation arising under this RFP (Whether during the course of execution of the order or after completion and

whether before or after termination, abandonment or breach of the terms and conditions of RFP) shall be resolved

amicably.

iii. In case of failure to resolve the disputes and differences amicably within 30 days of the receipt of notice by the

other party, then such unsettled dispute or difference shall be referred to arbitration by sole arbitrator mutually

agreed in accordance with the Arbitration and Conciliation Act, 1996. If no agreement is arrived at within 30 days from

the date of notice as to who shall be the sole arbitrator, then the sole arbitrator shall be appointed as by the

jurisdictional high court.


9.25 Bidder’s liability

The Bidders aggregate liability in connection with obligations undertaken as a part of the project regardless of the

form or nature of the action giving rise to such liability (whether in contract, tort or otherwise), shall be at actuals

and limited to the value of the contract. The Bidders liability in case of claims against the Bank resulting from

misconduct or gross negligence of the Bidder, its employees and subcontractors or from infringement of patents,

trademarks, copyrights(if any) or breach of confidentiality obligations shall be unlimited. In no event shall the Bank

be liable for any indirect, incidental or consequential damages or liability, under or in connection with or arising

out of this tender and subsequent agreement or services provided on behalf of bank hereunder. The bidder should

ensure that the due diligence and verification of antecedents of employees/personnel deployed by him for

execution of this contract are completed and is available for scrutiny by the Bank.

The Bidders aggregate liability in connection with obligations undertaken as a part of the project regardless of the

form or nature of the action giving rise to such liability (whether in contract, tort or otherwise), shall not exceed the

total amount paid to Bidder by NABARD in the preceding twelve months under that applicable work that gives rise

to such liability (as of the date the liability arose);. The Bidders liability in case of claims against the Bank resulting

from , from infringement of patents, trademarks, copyrights(if any) or breach of confidentiality obligations shall be

unlimited. In no event shall the Bidder and the Bank be liable for any indirect, incidental or consequential damages or

liability, under or in connection with or arising out of this tender and subsequent agreement or services provided on

behalf of bank hereunder. The bidder should ensure that the due diligence and verification of antecedents of

employees/personnel deployed by him for execution of this contract are completed and is available for scrutiny by the

Bank. Clause remains unchanged

10. Compliance with Laws

a) Compliance with all applicable laws: Successful bidder shall undertake to observe, adhere to, abide by, comply

with the Bank about all laws in force or as are or as made applicable in future, pertaining to or applicable to them,

their business, their employees or their obligations towards them and all purposes of this scope of work and shall

indemnify, keep indemnified, hold harmless, defend and protect the Bank and its employees/officers/staff/

personnel/representatives/agents from any failure or omission on its part to do so and against all claims or

demands of liability and all consequences that may occur or arise for any default or failure on its part to conform

or comply with the above and all other statutory obligations arising there from.

b) Compliance in obtaining approvals/permissions/licenses: Vendor shall promptly and timely obtain all such

consents, permissions, approvals, licenses, etc., as may be necessary or required for any of the purposes of this

project or for the conduct of their own business under any applicable Law, Government Regulation/Guidelines and

shall keep the same valid and in force during the term of the project, and in the event of any failure or omission to

do so, shall indemnify, keep indemnified, hold harmless, defend, protect and fully compensate the Bank and its

employees/ officers/ staff/ personnel/ representatives/agents from and against all claims or demands of liability

and all consequences that may occur or arise for any default or failure on its part to conform or comply with the

above and all other statutory obligations arising there from and the Bank will give notice of any such claim or

demand of liability within reasonable time to Company.

c) This indemnification is only a remedy for the Bank. Vendor is not absolved from its responsibility of complying

with the statutory obligations as specified above.

a) Compliance with all applicable laws: Successful bidder shall undertake to observe, adhere to, abide by, comply about

all laws in force or as are or as made applicable in future, pertaining to or applicable to them, their business, their

employees or their obligations towards them and all purposes of this scope of work

b) Compliance in obtaining approvals/permissions/licenses: Vendor shall promptly and timely obtain all such consents,

permissions, approvals, licenses, etc., as may be necessary or required for any of the purposes of this project or for the

conduct of their own business under any applicable Law, Government Regulation/Guidelines and shall keep the same

valid and in force during the term of the project.

c) This indemnification is only a remedy for the Bank. Vendor is not absolved from its responsibility of complying with

the statutory obligations as specified above.


Annexure D - Terms and

Conditions Compliance Table

The Offer must specify the unconditional willingness to abide by the Terms and Conditions of the Tender. The

Terms and Conditions specified elsewhere in the Tender should be complied along with the compliance /

conformity / willingness to offer as per the terms of the Tender towards requirements of the Bank as under:

The Offer must specify the unconditional willingness to abide by the Terms and Conditions of the Tender and the

deviation sheet. The Terms and Conditions specified elsewhere in the Tender should be complied along with the

compliance / conformity / willingness to offer as per the terms of the Tender towards requirements of the Bank as

under: Clause remains unchanged


Annexure L - Declaration for

Clean Track Record

We declare that, as on date, no legal action has been initiated against us for any cause

in any legal jurisdiction/ That, as on date legal action has been initiated against us in

respect of …………….(as per details enclosed), however, the same does not affect our

ability to deliver the RfP requirements

Please remove this Clause remains unchanged

3.12 Integrity pact

If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER either directly or

indirectly is a relative of any of the officers of the BUYER, or alternatively if any relative of an officer of the BUYER

has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filling of

tender. Please remove this Clause remains unchanged

Integrity pact- Sanction for

Violation

To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher

than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from a country other than

India with interest thereon at 2%, higher than the LIBOR. If any outstanding payment is due to the BIDDER from

the BUYER in connection with another contract for any other stores, such outstanding payment could also be

utilized to recover the aforesaid sum and interest.

v. To encash Earnest Money Deposit and performance bond/warranty bond, if furnished by the BIDDER, in order to

recover the payments, already made by the BUYER, along with interest.

vi. To cancel all or any other contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any

loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct

the amount so payable from the money(s) due to the BIDDER.

vii. To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum

period of five years, which may be further extended at the discretion of the BUYER.

iv. To recover all sums already paid by the BUYER, and in case of an Indian BIDDER with interest thereon at 2% higher

than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from a country other than

India with interest thereon at 2%, higher than the LIBOR. If any outstanding payment is due to the BIDDER from the

BUYER in connection with another contract for any other stores, such outstanding payment could also be utilized to

recover the aforesaid sum and interest.

v. To encash Earnest Money Deposit and performance bond/warranty bond, if furnished by the BIDDER, in order to

recover the payments, already made by the BUYER, along with interest.

vi. To cancel all or any other contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or

damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the

amount so payable from the money(s) due to the BIDDER.


Integrity pact-8. Fall Clause

8. Fall Clause

8.1 The BIDDER undertakes that it has not supplied/s not supplying similar product/systems or sub systems at a

price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of

India or PSU and it is found at any stage that similar product/systems or sub systems was supplied by the BIDDER

to any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with

due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be

refunded by the BIDDER to the BUYER, if the contract has already been concluded.

Please remove this Clause remains unchanged

Integrity pact- 13. Validity

13.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years or the complete

execution of the contract to the satisfaction of both the BUYER and the BIDDER/Seller, including warranty period,

whichever is later in case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of

the signing of the contract. 13.1 The validity of this Integrity Pact shall be from date of its signing and extend up to 5 years Clause remains unchanged

We, the said ___________________________ Limited hereby also agree to indemnify and keep indemnified and

harmless NABARD, its Officers, servants, agents and other authorised persons against any third party claims in

respect of any damages or compensation payable in onsequences of any accident or injury sustained or suffered

by our employees or agents, or by any other third party resulting from or by any action, omission, or operation

conducted by or on behalf of us and against any and all claims by employees, workmen, contractors, sub-

contractors, suppliers, agent(s), employed, engaged, or otherwise working for us, in respect of any and all claims

under the Labour Laws including wages, salaries, remuneration, compensation or like.

We, the said ___________________________ Limited hereby also agree to indemnify and keep indemnified and

harmless NABARD, its Officers, servants, agents and other authorised persons against any third party claims in respect

of any damages or compensation payable in onsequences of any accident or injury sustained or suffered by our

employees or agents, or by any other third party resulting from or by any action, omission, or operation conducted by

or on behalf of us and against any and all claims by employees, workmen, contractors, sub-contractors, suppliers,

agent(s), employed, engaged, or otherwise working for us, in respect of any and all claims under the Labour Laws

including wages, salaries, remuneration, compensation or like. Clause remains unchanged

The NABARD will provide necessary and adequate infrastructure to enable Bidder to fulfill its commitment for the

assignment. This will be applicable for each Bidder Consultant associated with the project and will be arranged for and

provided at no cost to Bidder. The infrastructure will include:

i. Office space;

ii. Hardware and software;

iii. Computer consumable including stationery, printer ribbons/toner, magnetic storage media such as floppy disks,

tapes, cartridges, DATs;

iv. Office stationery and consumable;

v. Secretarial assistance, if necessary at site;

vi. Telephone, e-mail and fax facilities at site;

vii. Photocopying assistance;

viii. Meeting Room facilities including room equipped with a writing board, seating arrangements, computers/

terminals, overhead projector and consumables. (pl. mention if any additional infrastructure is to be provided).

The above-mentioned infrastructure will be required for work to be carried out at the site of NABARD during regular

working hours. NABARD shall make arrangements to provide for the same beyond these hours such as after regular

working hours and on holidays (excluding only compulsory national holidays), whenever required.

Additional Clause cannot be inserted in RFP, however NABARD would be

providing the onsite infrastructure required for Bidders team.

The NABARD will ensure, through its Project Co-ordinator, transfer of information, specification of mutually agreed

change-requirements (Change Requests), availability of materials such as documents and equipment, meetings with

relevant users and other personnel among other requisites for Bidder to understand and document the same for the

purpose of time-bound formal approval by the NABARD, before the service is undertaken by Bidder.

Necessary and sufficient time will have to be spent by Users in NABARD with Bidder personnel during this stage of the

assignment.

not accepted.

Suggested Additions of clause



The deliverables will be as per the details of the deliverables provided in the accompanying Technical Proposal. not accepted

Acceptance of Deliverables-NABARD will carry out acceptance of deliverables (for the deliverables which are subject to

acceptance procedure) as per the schedule presented in the accompanying Technical Proposal.

The application software (if any) will be delivered/installed for acceptance to NABARD as and when the same is ready

for delivery. The actual Acceptance Testing of the software will be the responsibility of NABARD. NABARD will prepare

the Acceptance Test data along with the expected test results (consistent with the detailed specifications of the system

and any change-request agreed in the documents) and keep it ready at least four (4) weeks in advance before the

scheduled commencement of the Acceptance Testing of the software. The acceptance testing will be based on the test

cases provided by NABARD. Bidder will provide support for any clarifications during the Acceptance Testing of the

system. Defects if any, observed by NABARD, will be notified to Bidder in writing not later than two (2) weeks of

delivery. Bidder will correct the defects that are a deviation from the baseline immediately following the acceptance,

whichever is later. NABARD will confirm acceptance in writing to Bidder. The NABARD shall not withhold or delay the

issuance of acceptance certificate of any of the deliverables, if the deliverables substantially meet the specifications or

on account of any minor defects which have no material effect on the functionality of the deliverables.

Notwithstanding the foregoing sentence, a deliverable shall be treated as accepted by NABARD if the NABARD (a) fails

to provide the list of non conformities within two (2) weeks of delivery, (b) fails to notify the acceptance of the

deliverables in terms of this clause within the period of two (2) weeks from delivery, or (c) starts using the deliverable

in a live production environment (other than as part of agreed review and acceptance testing procedure, such as UAT).

Reworking of defects shall be at the cost of Bidder provided the defects are for reasons solely and entirely attributable

to the Bidder, in all other cases it shall be to the account of the NABARD. Items reported as defects that are not

deviations from the immediate previous accepted baseline will be reported again through fresh Change Request

documents under the Change Management Procedure described herein. Items reported through the Change

Management Procedure will be dealt with separately.

Not accepted.

Change Management Procedure-

A change identified at any stage of the assignment which requires the deliverable to deviate from the then current

baseline or the approved deliverable of the previous baseline to be modified, will be conveyed by the NABARD to

Bidder or vice-versa in the form of a Change Request document. The request for change will then be assessed by

Bidder to evaluate its impact on feasibility, time schedules, technical requirements in consequence of the proposed

change and cost. Bidder will present this assessment to the NABARD for its approval within a reasonable time period.

Bidder will incorporate the change after receiving the NABARD’s written approval. In case of delay in approval by the

NABARD, the baseline itself may undergo a change; this will mean a reassessment of the charges.

Changes in the requirements like office space, hardware/software, and tools etc. during the execution of the

assignment will be conveye

d by Bidder to the NABARD. These will be evaluated jointly by the NABARD and Bidder and will be provided by the

NABARD at no cost to Bidder.

Not acceptedpayment of Invoices/Bills

All invoices and bills for the Application Software will be raised by Bidder as per the Payment Terms and will become

due for payment within thirty (30) days of presentation. All payments are to be made by demand draft/cheque

favouring TATA CONSULTANCY SERVICES LIMITED. All payments due for more than thirty (30) days will attract an

interest at the rate of 2 percent per month on the invoice amount calculated from the date the payment became due

until the recovery is made in full with interest. Without prejudice to the other rights available, Bidder also reserves the

right to withhold the provision of services till such time all the payments due to it under this Agreement have been

made by NABARD and any such withholding by the Bidder shall not be treated as breach by it of the provisions of this

Agreement. Not acceptedReimbursement of Tax/Levy

Bidder shall be reimbursed for payment of any statutory duty/tax/levy including interest and/or new taxes or an

increase in the rates of existing taxes or any other sum, if any payable in respect of any sales tax and/or any other

state or central levy. This will apply retrospectively, if so applicable upon Bidder.

Not accepted.







Intellectual Propoerty Rights

All intellectual property rights in the software, all tools, processes, software, utilities and methodology including any

Bidder’s proprietary products or components thereof any development carried out by Bidder thereto in the course of

providing services hereunder, including customisation, enhancement, interface development etc. shall remain the

exclusive property of Bidder and NABARD shall not acquire any right title or interest of any nature therein except to

the extent provided herein. Bidder shall however grant in favour of NABARD the right and non exclusive, non

transferable, perpetual and irrevocable license to use the software for the purposes agreed hereunder. The foregoing

license does not authorizes NABARD to (a) separate Bidder pre-existing IP from the deliverable/software in which they

are incorporated for creating a stand alone product for marketing to others; (b) independently sell, lease, exchange,

mortgage, pledge, license, sub license, assign or in any other way convey, transfer or alienate the Bidder pre-existing

IP in favour of any person (either for commercial consideration or not (including by way of transmission), and/or (c)

except as specifically and to the extent permitted by the Bidder in the relevant Statement of Work, reverse compile or

in any other way arrive at or attempt to arrive at the source code of the Bidder pre-existing IP.

All the Intellectual Property Rights (IPR) in the third party software used in providing services including those forming

part of or incorporated into the deliverables shall remain with the respective third party owners/ Bidder’s licensor and

NABARD shall have user rights in accordance with end user license agreement (EULA) as applicable to use of such

software.

Warranty

Bidder shall warrant that the delivered software meets the requirements as specified in the detailed Specifications.

This warranty shall remain valid for three (3) months after the acceptance of the software by the NABARD or three

(3) months after the delivery of the software, whichever is earlier.

NABARD shall promptly notify Bidder in writing of any ‘defect’ in the software arising due to the reasons solely and

entirely attributable to Bidder under this warranty. Upon receipt of such notification, Bidder shall remove the

‘defect’ in the application software.

The scope of the warranty shall be limited only to correction of any bugs that were left undetected during

acceptance testing by the NABARD. Warranty shall not cover any enhancements or changes in the application

software, carried out after acceptance testing. This warranty is only valid for defects against approved

Specifications. The above mentioned warranty shall also not apply if there is any (i) combination, operation, or use

of some or all of the deliverables or any modification thereof furnished hereunder with information, software,

specifications, instructions, data, or materials not approved by Bidder and operation of the deliverables on

incompatible hardware not recommended by Bidder; (ii) any change, not made by Bidder, to some or all of the

deliverables; or (iii) if the deliverables have been tampered with, altered or modified by the NABARD without the

written permission of Bidder; or (iv) defects in components or materials provided to Bidder by NABARD in

connection with the preparation of the deliverable.

In case of breach of this warranty, NABARD’s exclusive remedy will be to obtain (1) the re-performance of the

service or the correction or replacement of any service deliverable that provides substantially similar functionality

or (2) if both parties mutually determines that such remedies are not practicable, a refund of the fees allocable to

that part of the deliverable will be due to the NABARD if already paid by the NABARD.

EXCEPT AS SET FORTH IN THIS AGREEMENT, BIDDER MAKES NO WARRANTIES TO NABARD, EXPRESS OR IMPLIED, Additional Support and Services

In case the NABARD requires any additional support in execution of its tasks in respect of the assignment, it shall be

provided to them by Bidder on availability-basis at its then current market rate. Not acceptedNon-employment

The NABARD will neither offer to employ nor employ, directly or otherwise, any Bidder employee, associated for the

purpose of, or with the assignment, during the period between the date of this proposal and two years from the

completion of the assignment arising herefrom.

Not acceptedGeneral Indemnity

The NABARD will, during the period of the coverage of this assignment, indemnify and hold Bidder harmless from any

loss, injury, claim or damage resulting from any death or injury to any person or property of Bidder arising out of the

use or possession of the equipment or location of the NABARD by Bidder or its personnel, unless caused by the

negligence of Bidder personnel and the limitation or liability provided herein shall not apply to such loss, injury, claim

or damages. Not acceptedIndemnity for infringement of intellectual property rights

The NABARD warrants that all software, information, data, materials and other assistance provided by it under this

proposal shall not infringe any intellectual property rights of third parties, and agrees that it shall at all times indemnify

and hold Bidder harmless from any loss, claim, damages, costs, expenses, including Attorney’s fees, which may be

incurred as a result of any action or claim that may be made or initiated against it by any third parties alleging

infringement of their rights. Not acceptedSuggested Additions of clause







Force Majeure

Except to the extent otherwise provided herein, no liability shall result to other Party from delay in performance of

from non-performance caused by circumstances beyond the control of the Party affected, including but not limited to

act of God, fire, flood, explosion, war, action or request of governmental authority, accident, labour trouble but each

of the hereto shall be diligent in attempting to remove such cause or causes. If such an event lasts for a continuous

period of thirty (30) days, then either party may at any time thereafter while such performance continues to be

excused, terminate this Assignment without liability, by notice in writing to the other party. However Bidder shall be

entitled to receive payments for all services rendered by it under this Assignment. Not accepted

Waiver

No forbearance, indulgence or relaxation by any Party at any time to require performance of any provision of this

Proposal shall in any way affect, diminish or prejudice the right of such party to require performance of that provision

and any waiver by any party or any breach of any provisions of this Proposal shall not be construed as a waiver or an

amendment of the provisions itself, or a waiver of any right under or arising out of this Proposal. Not acceptedAssignment

Neither Party shall be entitled to assign or transfer all or any of its rights, benefits and obligations under this proposal

without the prior written consent of the other Party

Not accepted

Nonexclusively

Bidder shall be free to do similar business either for itself or for any other party or offer similar services to any third

parties but without in any way affecting the services agreed to be offered by Bidder under this Proposal.

Not acceptedIndependent Relationship

This Proposal is not intended to create a relationship such as a partnership, joint venture, agency, or employment

relationship. Neither party may act in a manner, which expresses or implies a relationship other than that of

independent party nor bind the other party. Not acceptedModification

This proposal may be modified only by an amendment executed in writing by a duly authorised representative for each

party.

Not acceptedPublicity

Neither party shall publicize any information pertaining to this assignment or the other party without seeking the prior

written consent of the other party. Not acceptedEntire Understanding

This Proposal together with the Schedules, Annexure and Exhibits hereto and executed by the parties hereto

constitutes the entire understanding between the parties hereto with respect to the subject matter hereto and

supercedes and cancels all previous negotiations thereof. To the extent permitted by Applicable Law, a party is not

liable to another party in contract or tort or in any other way for a representation or warranty that is not set out in this

Agreement. Not acceptedSurvival

The clauses of this proposal which by their nature are intended to survive shall so survive the termination/expiry of

this proposal. Not accepted

IPR indemnity from Client:

Client warrants to Bidder that the software, materials, and other assistance (‘Client materials’) supplied by Client to

Bidder for the purpose of execution of the terms of the agreement are either Client owned properties or are

properties obtained by Client under proper intellectual property licenses. Client further warrants that the said

software, material and other information, to be provided by Client shall not infringe the intellectual property rights,

proprietary rights or any other property rights of any party. If Client materials supplied by Client are found to infringe

the intellectual property rights of any party, then Client shall hold harmless and indemnified Bidder , against all claims

and actions associated with such infringement, including without limitation the attorney fees spent by Bidder in

defending such actions and claims, and any compensation that may be paid by Bidder to settle such claim either in

satisfaction of a court decree or otherwise. This clause shall survive the termination of this agreement. The Client will

indemnify, defend and hold Bidder harmless from any loss, injury, claim or damage resulting from any death or injury

to any person or property of Bidder arising out of the use or possession of the facilities/equipment or location of

Client by Bidder or its personnel, unless caused by the negligence of Bidder personnel and the limitation of liability

provided herein shall not apply to such loss, injury, claim or damages.

Not accepted











Clause No. RFP Term Query/Amendment proposed Reply By NABARD Termination in case of default and non payment of fees:

Bidder may terminate this Agreement for cause if Client materially breaches this Agreement, provided Bidder gives

Client notice of such breach and it remains uncured after 30 days following notice.

If any amount due and payable by Client under the Agreement is more than 30 days overdue; and there is no dispute

between Client and Bidder in relation to that amount, Bidder may issue to Client a notice that payment is overdue. If

Client fails to pay Bidder within 7 days after the date of such notice, Bidder may by a further notice to Client

terminate the Agreement or at its election withdraw services or stop performance of its obligations until payment is

made.

Not accepted

SLA Exclusions

The time lost due to any of the following causes shall not be included in calculating “Fix/Work Around Available Time”

or “Resolution Time”:

i Time lost due to power or environmental failures;

ii Time taken to recover the equipment because of power or environmental failures;

iii Time lost due to damage or malfunction of the equipment or any of the units thereof due to causes attributable to

Customer/OEM, such as attachment of additional devices, making alteration to the system, participate in maintenance

of the system, etc., without Bidder/ Vendor’s consent.

iv Time taken for scheduled maintenance/troubleshooting (including back-up and restore times) either for preventive

purposes or improvement in function or other purposes;

v Time taken for reconfiguration or other planned downtime situations;

vi Scheduled shutdowns as required by Owner/ Purchaser. Bidder/ Vendor may also request Owner/ Purchaser for a

shutdown for maintenance purpose, which request will not be denied unreasonably by Owner/ Purchaser.

vii Time taken for booting the systems.

viii Time taken to get approval from all stakeholders for the exclusive availability of system for support activities where

the prospective solutions can be tested prior to promotion into production.

ix Time taken by Customer to approve the work around or fix.

x Time taken by the third-party vendors and service providers for fixing a product related fault/ defect, replacement

of part(s), or responding to clarifications.

Not accepted

Bank Guarantee clause

This Bank Guarantee issued by ____________________Bank, on behalf of the Bidder in favor of Purchaser is in

respect of the Contract/agreement dated________________.

As communicated by Bidder on the date of execution of this Bank Guarantee an amount of Rupees ______________

(Rupees ______________________________ only) is outstanding and payable to Bidder by Purchaser, in respect of

pervious contracts between Bidder and Purchaser.

As communicated by Bidder on the date of execution of this Bank Guarantee, there are no outstanding disputes

related to any pervious contracts between Bidder and Purchaser.

Notwithstanding anything contained hereinabove:

a) Our liability under this Bank Guarantee shall not exceed and is restricted to Rs._______________ (Rupees

_______________________________ only)

b) This Guarantee shall remain in force up to and including _________ (including claim period of three months)

c) Unless the demand/claim under this guarantee is served upon us in writing before _________ all the rights of

Purchaser under this guarantee shall stand automatically forfeited and we shall be relieved and discharged from all

liabilities mentioned hereinabove.

Not accepted

Do you want hardware support Unix as well as popular Linux distribution on the same hardware and support for

simultaneous installations of these O.S. on different partitions Query not clear.There should not be single point of failiure in terms of O.S. If bidder proposes virtualization each partition should have

its own O.S. not affecting other partitions. There should be provision of independent O.S. installations on the same

hardware with unlimited user licenses.

Not accepted.






Documents

Clause No. RFP Term Query/Amendment proposed Reply By NABARD · PDF fileClause No. RFP Term Query/Amendment proposed Reply By NABARD 4.2/Page 5 Current Status of PeopleSoft HRMS Application