SHORT TERM TENDER for Appointment of Online Payment Gateway Service Provider for AVVNL

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1 1 SHORT TERM TENDER for Appointment of Online Payment Gateway Service Provider for AVVNL AJMER VIDYUT VITRAN NIGAM LIMITED Last Date for Submission of bid: (up to 12:30 PM) 1 P a g e

2 2 DISCLAIMER This Tender Document (also referred as Request for Proposal or RFP ) is not an agreement and is not an offer or invitation by AVVNL to any Bidder other than the one that qualifies based on evaluation of submitted bids. The purpose of this Tender Document is to provide information to the potential Bidders to assist them in responding to this Tender Document. Though this Tender Document is prepared with sufficient care to provide all required information to the potential Bidders, they may need more information than what has been provided. In such cases, the potential Bidder is solely responsible to seek the information required from AVVNL, at his / her own cost. AVVNL reserves the right to provide such additional information at its sole discretion. In order to respond to the Tender Document, if required, and with the prior permission of AVVNL, the potential Bidder may conduct his own study and analysis, as may be necessary. AVVNL makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations on any claim the potential Bidder may make in case of failure to understand the requirement and respond to the Tender Document. AVVNL may, in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this Tender Document. 2 P a g e

3 3 ACRONYMS USED IN THIS DOCUMENT Sl. No. Acronym Description 1. AVVNL Ajmer Vidyut Vitran Nigam Limited 2. EMD Earnest Money Deposit 3. PAN Permanent Account Number 4. PBG Performance Bank Guarantee 5. PGSP Payment Gateway Service Provider 6. RFP Request For Proposal 7. PGS Payment Gateway Service 3 P a g e

4 4 BID DATA SHEET Event EMD Cost of RFP Last date for submission of Bid Opening of Pre-qualification cum Technical bids Opening of Financial bids Contact Address Target Data Rs. 2,00,000 (Rupees Two Lacs) to be submitted along with Bid submission in the shape of Demand Draft from any Nationalized /scheduled bank in favour of the Sr. Accounts Officer (EA&Cash), AVVNL, AJMER payable at SBBJ, Ajmer. Rs. 2,500/- (non-refundable) to be submitted along with the Bid submission in the form of Demand Draft in favour of the Sr. Accounts Officer (EA&Cash), AVVNL, AJMER payable at SBBJ, Ajmer from a nationalized / scheduled bank upto 12:30 PM at 01:00 PM Shall be notified later The Superintending Engineer (IT), IT Cell, AVVNL, Opp. 220 KV GSS, Naka Madar, Ajmer Contact Number Website 4 P a g e

5 5 1. GENERAL INFORMATION The Superintending Engineer (IT), AVVNL, Ajmer, Rajasthan invites two-part sealed Proposal on behalf of AVVNL from resourceful and experienced Nationalized Bank or Scheduled Bank of India approved by RBI for providing online Payment Gateway Services for AVVNL Purpose of RFP Ajmer Vidyut Vitran Nigam Limited (AVVNL) is taking special initiatives to offer easy and consumer friendly modes of collecting payments in respect of the electricity bills. In view of this, AVVNL requires comprehensive online payment gateway services at its website for accepting electronic payments from consumers using credit cards, debit cards, net banking accounts and prepaid cards/wallets, etc. The objective of this tender document is to appoint an online Payment Gateway Service Provider who would provide online payment gateway services for consumers of Ajmer Vidyut Vitran Nigam Limited for payment of electricity bills. This RFP is to detail out the technical and other requirements and provide general instructions to the bidders for the said purpose Structure of RFP The tender document is broadly segregated into the following three sections: 1. BID PROCESS This section provides eligibility criteria for bidders, general terms & conditions with respect to eligibility criteria, management of bid process, evaluation criteria and evaluation methodology. 2. TERMS OF REFERENCE This section provides introduction to the project, Scope of work and SLAs of the proposed engagement. 3. GENERAL TERMS & CONDITIONS This section details the Terms & Conditions with respect to award of contract, payment schedules and general terms and conditions. 5 P a g e

6 6 SECTION I 2. BID PROCESS 2.1. Bidding Instructions Qualification Criteria The below is the qualification criteria for the vendors/agencies for the bid. The qualification criteria must be met for qualification of the bids. 1. The bidder should be a Nationalized Bank or a Scheduled Bank of India. 2. Bidder should be authorized by the Reserve Bank of India (RBI) to provide Electronic Payment Aggregation Services or Online Payment Gateway Services. 3. Bidder should have been providing (Currently running as on date of publishing of the RFP) similar services to at least Ten (10) large institutions covering government/public sector undertakings. Performance certificates/citations confirming the same must be enclosed. 4. Bidder should be able to provide following services: i) Online Payment Gateways services covering acceptance of (a) Credit Cards [Visa, Master Card, Amex & Diners, etc.] (b) Debit Cards [Visa/ Master/ Maestro/ Rupay, etc.] (c) Internet Banking based debit to banks accounts, covering at least Ten (10) Nationalized/Scheduled Banks (d) Prepaid Cards / Wallets (e) IMPS payment option on Internet (f) Any other mode of payment Bidder should have valid contracts with all the partners prior to the date of publication of RFP. Certifications from the respective partners are required to be enclosed. Contract expiry dates for various partners be mentioned. 5. The bidder should have at least one globally accepted certification for information security like VeriSign, etc. 6. The bidder shall be certified for PCI DSS (Payment Card Industry Data Security Standard) company and shall have ISO:27001 like certification for Information Security Management. 7. The Bidder shall have valid PAN, Sales Tax (if applicable) and Service Tax Number. 8. Even though the Bidder s meet the above qualifying criteria, they are subject to be disqualified in case of following conditions: (a) The Bidder is in litigation with AVVNL (b) The Bidder has made any false representation in the forms, statements and attachments submitted in proof of the pre-qualification requirements. (c) The Bidder has a record of poor performance such as abandoning of any allotted project, inability to complete any allotted project, delay in completion of any allotted project etc. 6 P a g e

7 7 (d) The Bidder has been black listed by any Government or its organizations. An undertaking to this effect (points 1 to 8 mentioned above) along with relevant documents is required from the Bidder. If at a later stage it is found that any Bidder has wrongly certified, the bidder shall be liable for action under the Criminal law. NOTE: Documentary proof for all the above criteria has to be invariably enclosed failing which the bid shall be liable for rejection Bid Security (Earnest Money Deposit(EMD)): The bidder shall be required to deposit Earnest Money of Rs. 2,00,000 (Rupees Two Lacs) in the shape of Demand Draft from any Nationalized or scheduled bank guaranteed by Reserve Bank of India in favor of the Sr. AO (EA&Cash), AVVNL, AJMER, payable at AJMER along with the bid in a separate sealed envelope. EMD will not be received in cash or currency notes or cheques or in the shape of NSC or government bonds. EMD of unsuccessful bidders shall be refunded. For the successful bidder the earnest money deposited is adjustable with Contract Performance Guarantee. BID NOT ACCOMPANIED WITH REQUISITE BID EARNEST MONEY IN A SEPARATE SEALED ENVELOPE SHALL NOT BE ENTRTAINED AND SHALL BE RETURNED TO THE BIDDER WITHOUT BEING OPENED Cost of tender document: The RFP documents are available online at and can be downloaded by the interested bidders. However, while submitting the bid, the bidder will have to pay an amount of INR 2,500 (Rupees Two Thousand Five Hundred only) towards the cost of RFP and the same is non-refundable. This payment should be made in the form of separate demand draft in favour of the Sr. Accounts Officer (EA&Cash), AVVNL, AJMER, payable at AJMER Bidder Inquiries and Responses The mode of delivering written questions to the aforementioned contact would be through only with subject line as Short Term Tender Online Payment Gateway Service Provider for AVVNL. The bidders shall send their queries at the following address: In no event will the AVVNL be responsible for ensuring that bidder s inquiries have been received by the AVVNL. The AVVNL will endeavor to provide a timely response to all questions. AVVNL would provide information to the extent it is currently available to the best of the knowledge of the AVVNL team. The responses will be communicated through only Supplemental Information to the RFP If AVVNL deems it appropriate to revise any part of this RFP or to issue additional data to clarify any provisions of this RFP, it may issue supplements to RFP. The amendments shall be published on the website ( Prospective bidders are advised to periodically browse this website to find out any further corrigendum/ addendum/ notice published with respect to this RFP. All such supplements shall be part of the RFP and the bidders shall submit their bids on that basis. AVVNL makes no representation or warranty as 7 P a g e

8 8 to the completeness or accuracy of any response, nor does the AVVNL undertake to answer all the queries that have been posed by the bidders Bid Preparation Cost The bidder will be responsible for all costs incurred in connection with the participation in this process, including, but not Limited to, costs incurred in conduct of informative and other diligence activities, participation in meetings/ discussions/ presentations, preparation of proposal, in providing any additional information required by AVVNL to facilitate the evaluation process, and in negotiating a definitive Service Agreement and all such activities related to the bid process. Further, no reimbursable cost may be incurred in anticipation of award of contract Advice to Bidders Bidders are advised to study this RFP document carefully before participating. It shall be deemed that submission of Bid by the bidder has been done after their careful study and examination of the RFP document with full understanding to its implications Transferability of the RFP document This tender document is non-transferable Right to Terminate the Process i) AVVNL may terminate the bidding process at any time without assigning any reason. AVVNL makes no commitments, express or implied, that this process will result in a business transaction with anyone. This RFP does not constitute an offer by AVVNL. The AVVNL may invite the bidder for further discussions and negotiation towards the process of selection. The commencement of such negotiations does not, however, signify a commitment by AVVNL to execute a contract or to continue negotiations. AVVNL may terminate negotiations at any time without assigning any reason Venue and Deadline for Submission of Proposals i) Proposals must be submitted to AVVNL at the address specified below: Venue Office of the Superintending Engineer (IT), IT Cell, AVVNL, Opp. 220 KV GSS, Naka Madar, Ajmer Contact Number Last Date for Submission of Bids , 12:30 PM ii) AVVNL may, at its discretion, extend the deadline for submission of bids by issuing an corrigendum or by intimating all bidders who have been provided the bid documents, in writing or by facsimile or through or through Nigam s website ( in which case all rights and obligations of the proposed project and the bidders will thereafter be subject to the deadline as extended. 8 P a g e

9 Late Bids Bids received after 12:30 PM on for any reason whatsoever, shall automatically stand rejected Attachments with the Bid The Bidder shall submit with its proposal, inter alia, the following attachments: i) Qualification compliance and required documents as mentioned in this RFP. ii) EMD in prescribed format as mentioned in this RFP. iii) Cost of RFP in prescribed format as mentioned in this RFP. iv) Bidder s profile (refer Annexure III for Format) General Guidelines on Submission of Bids i) Bid to be submitted in four separate envelopes, contained in a single cover envelope:- (a) EMD (b) Tender cost (c) Pre-qualification cum Technical Bid and (c) Financial Bid (refer Annexure II for Format). Note: All envelopes should be properly mentioned on the cover EMD, Tender cost, Pre-qualification cum Technical Bid and Financial Bid, respectively. ii) For covering letter and financial bid refer Annexure I and II for Format. iii) The bid documents should be submitted in a sealed cover both in hard copy as well as soft copy (Scanned copy in a CD). iv) The outside of the package must clearly indicate the name of the project, the bidder s name and address, and the names of primary and secondary contact persons. Failure to adequately address the outside of a package could cause a bid to be misdirected or to be received at the required destination after the deadline. v) The AVVNL will not accept delivery of bid by fax or . Bid received by fax or shall be treated as defective, invalid and rejected. vi) The original and copies of the bid (Pre-qualification cum Technical Bids and Financial) each consisting of the documents listed in instructions and proposal cover letters, shall be typed in indelible ink and shall be signed & stamped on each page by the bidder or a person /persons duly authorized Bid Opening a. There will be two bid-opening events (a) for Pre-qualification cum Technical Bids and (b) for the Financial Bids. b. AVVNL will open Pre-qualification cum Technical Bids and list them for further evaluation. The Financial Bid covers shall not be opened until the evaluation of the Pre-qualification cum Technical Bid is complete. c. After evaluation of Qualification cum Technical Bids, the financial bid of only those bidders, who qualify in Pre-qualification cum Technical Bids Evaluation, will be opened. d. All the proposals will be opened in presence of the bidders or their representatives, if present at the time of bid opening. However, if there is no representative of the bidder, AVVNL shall still go ahead and open the bids. 9 P a g e

10 10 Total transparency will be observed while opening of proposals. AVVNL reserves the right at all times to postpone or cancel a scheduled bid opening. The venue and date of opening of the proposal is as below: Venue Office of the Superintending Engineer (IT), IT Cell, AVVNL, Opp. 220 KV GSS, Naka Madar, Ajmer Contact Number Opening of Qualification cum Technical Bid Opening of Financial Bid 09 th Sep.-2015, 01:00 PM Will be notified later In the event of the specified date of bid opening being declared a holiday, the bids shall be opened at the appointed time and location on the next working day Validity of Bids The bid shall remain valid for a period of 120 days from opening of Technical bid or 90 days from opening of financial bid, whichever is later Clarification of Offer To assist in the scrutiny, evaluation and comparison of offers, AVVNL may at its discretion, ask some or all bidders for clarification of their offer. The request for such clarifications and the response will necessarily be in writing Hand written documents, Erasures or Alterations The offers containing erasures or alterations will not be considered. There should be no handwritten material, corrections or alterations in the offer. Filling up of the information using terms such as as given in brochure/manual is not acceptable. AVVNL will treat offers not adhering to these guidelines as unacceptable Cost & Currency The offer must be made in Indian Rupees only. Taxes and levies as applicable at the time of submission of bids to be mentioned separately Language of Bids The bids and all correspondence and documents shall be written in English. All bids and accompanying documentation will become the property of the AVVNL and will not be returned Rejection a) The Bids are liable to be rejected in the following cases or in case bidder fails to meet the bidding requirements as indicated in this RFP: i) Proposal is not accompanied by EMD and tender cost. ii) Proposal not submitted in accordance with this document. iii) During validity of the proposal, or its extension period whichever the case, the bidder increases his quoted prices. iv) The bidder qualifies the proposal with his own conditions. 10 P a g e

11 11 v) Proposal is received in incomplete form. vi) Proposal is not accompanied by all requisite documents. vii) Information submitted in technical proposal is found to be misrepresented, incorrect or false, accidentally, unwittingly or otherwise, at any time during the processing of the contract (no matter at what stage) or during the tenure of the contract including the extension period if any. viii) Financial proposal is enclosed with the same envelope as technical proposal. ix) Bidder tries to influence the proposal evaluation process by unlawful means at any point of time during the bid process. x) In case any one party submits multiple proposals or if common interests are found in two or more bidders, the bidders are likely to be disqualified, unless additional proposals/bidders are withdrawn upon notice immediately. xi) Financial Bid is not submitted in prescribed format (Annexure-II). xii) More than one rate quoted for a single item in the financial bid. xiii) Rates are not quoted both in figure and words. b) Bidders may specifically note that while evaluating the proposals, if it comes to AVVNL knowledge expressly or implied, that some bidders may have compounded in AVVNL, any manner whatsoever or otherwise joined to form an alliance / cartel, then the bidders so involved are liable to be disqualified for this contract as well as for a further period of two years from participation in any of the RFPs floated by AVVNL. 2.2 Bid Evaluation Evaluation of Bid A Two-part Bid System shall be followed for the bid evaluation. First part would be a prequalification criteria and technical evaluation. Second part would be a commercial/ financial evaluation. The details of evaluation have been explained below: i) Technical evaluation against qualification criteria: The first stage of evaluation would involve examination of the bid documents of each of bidders against the qualification criteria set out. This is to ensure that the technical skill base, experience and financial capacity and other bidder attributes claimed therein are consistent with the needs of this project. These conditions have been listed down under the section Qualification Criteria. AVVNL may ask bidder(s) for additional information, visit to bidder s site and/or arrange discussions with their professional, technical faculty to verify claims made in bid documentation. Please note that the technical proposal must NOT contain any pricing information. ii) Financial evaluation: The financial bids of only those bids that meet each of the qualification criteria mentioned would be opened for financial evaluation. The financial evaluation will take into account the information supplied by the Bidders in the financial proposal, and the same shall be evaluated in accordance with the evaluation criteria specified in this RFP (Section 2.2.2). Please note that the financial bid should not be conditional and no technical information should be provided along with the financial proposal. Note: AVVNL may waive any minor informality or non-conformity or irregularity in a Bid, which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder. 11 P a g e

12 Method for Evaluation of bids Note:- The rates are to be quoted in flat Rs. per transaction (and not in percentage), irrespective of the mode of payment as given in the financial bid format in Annexure-II. On opening of financial bids, all eligible bidders shall be offered reasonable rates as received in the bids. The bidder who accepts these rates shall be awarded the work. In case, more than one bidder accepts the offered rates, AVVNL reserves the right to offer the work to more than one bidder. i) The bid should be comprehensive and inclusive for all the services to be provided by the bidder as per scope of his work. The payments would be made to selected bidder on the basis of the following bid and further negotiations between the AVVNL and the bidder only. No separate payment shall be made for services that are to be delivered by the vendor as part of his scope of work for this project. ii) The prices quoted shall be inclusive of all taxes, duties and statutory payments incident upon the bidder but exclusive of service taxes. The prices shall be firm for entire duration of the contract. Once the prices have been quoted to AVVNL, no change/ modification will be entertained for any cause whatsoever (including changes in regulation, tax and duty structure etc.). The prices once provided by the bidder will be valid for the entire period of validity of the bid as defined in the bid document. iii) Any revision (increase or decrease) in the rates of taxes, duties, charges and levies other than service tax at a later date and during the tenure of the bid will be to the account of the bidder. iv) The vendor shall be responsible for the costs towards travel/stay, daily allowance or any other allowances with respect to their staff deployed with respect to the execution of this project before or after the award of the contract. 12 P a g e

13 13 3 SCOPE OF WORK SECTION II The objective of this tender document is to select a service provider that will provide e- Payment gateway solution available for website integration with all applications / services of AVVNL under R-APDRP (Part-A) and may also be extended to Non-R-APDRP in consultation with M/s HCLI (ITIA for R-APDRP Project in Rajasthan), the Billing agencies for AVVNL and the Superintending Engineer (IT), AVVNL, Ajmer who will act as nodal officer. Amount as collected from AVVNL consumers will be kept in the pooling accounts of the designated participating bank(s). The name of all such bank(s) with concerned branches will be intimated by the Firm to AVVNL, prior to start of transactions with such banks. The collected amount shall be transferred to the designated bank central collection account of AVVNL within prescribed period as given in this RFP. Description of service: a) The Bidder should therefore be able to offer the following services: Online Payment Gateway Services: Should allow users/consumers to make payments using any (i) Visa, MasterCard or American Express or Diners Credit Cards (ii) Debit Cards (iii) Online Net Banking accounts or (iv) Cash Cards, (v) wallets, etc. b) Bidder as an aggregator is required to provide the above services to facilitate electronic payment services. Bidder should directly have tie-ups with Credit Card Payment Gateway(s) and respectively with related banks for offering the above facilities. In terms of these arrangements the Bidder s role is to maintain tie-ups, create interface with various Banks and manage the entire backend operations of such services. These include entering into agreements with banks /movement of data and reconciliation of such data against payments. c) Bidder should be able to integrate with the existing systems of Ajmer Vidyut Vitran Nigam Limited and provide daily MIS as per the requirements of Ajmer Vidyut Vitran Nigam Limited. d) Bidder should provide funds collected in the designated bank account of Ajmer Vidyut Vitran Nigam Limited within (T+1) working days where T is the day of payment by consumer. The desired workflow for the various services is broadly described below: Online Payment Gateway: a. The Consumer logs into and accesses the Payment Gateway facilities to pay online, real-time through Nigam s website ( The Consumer can view his payment amount at the website and then proceed to make the payment. b. Upon successful completion of the process the consumer is then guided to Online Payments page where he is presented with option of making a an Online Payment using a Credit Card or a Debit Card / Bank Gateway service/ Cash Card gateway/ wallet, etc. c. The consumer then selects his preferred option of making the payment (i.e. through the Credit Card / Debit Card /Net Banking / Cash Cards, Wallets, etc). d. On successful validation, the Consumer s account is checked for balance availability and the transaction is either successfully processed or rejected. The consumer is intimated of the 13 P a g e

14 14 same instantly and an electronic acknowledgement is displayed which will display his payment confirmation number and a receipt in the performa prescribed will be generated with the facility to either print it by the consumer or should be ed to the consumer at his ID. Simultaneously data is transmitted electronically to Ajmer Vidyut Vitran Nigam Limited intimating the success/failure of the transaction. e. The money collected from the successful transactions will be pooled into the designated collection account of Ajmer Vidyut Vitran Nigam Limited maintained with the identified bank. This money will typically be made available to Ajmer Vidyut Vitran Nigam Limited within T+1 working days of the payment by the consumer, post reconciliation and aggregation, where T is the day of payment by consumer. f. Bidder will reconcile the money collected against the payment transactions conducted by the consumers and provide consolidated payment information to the Zonal Sr. Accounts Officer (Rev.), AVVNL, Ajmer in a format/ frequency desired by Ajmer Vidyut Vitran Nigam Limited. g. The gateway should not allow Part-Payment, i.e. consumer shall not be allowed to pay less than the bill amount. However, greater amount shall allowed to be paid. 4. SERVICE LEVEL AGREEMENT (SLA): The purpose of this service level agreement (herein after referred to as SLA) is to clearly define the levels of service to be provided by the successful bidder to AVVNL for the duration of this contract. SLA defines the terms of the successful bidder s responsibility in ensuring the timely delivery of the deliverables and the correctness of the same based on the agreed Performance Indicators as detailed in the Agreement. This section defines various service level Indicators which will be considered by AVVNL in the SLA with successful bidder. The successful bidder has to comply with all SLAs defined below to ensure adherence to project timelines, quality and availability of services. i) The payment gateway has to be integrated with the AVVNL s application in not later than fifteen (15) working days. This time is from the instant a formal communication has been sent by AVVNL to the successful bidder till the time the payment gateway is integrated with the application and is ready for fund transfer. ii) iii) Penalty at the rate of Rs. 25,000 for every week or part thereof delay shall be levied on the successful bidder. This shall be deducted from the BG submitted. However, the delay shall not exceed four weeks beyond which the work order may be cancelled. The successful bidder shall replenish the Safe custody and performance guarantee BG with the amount equal to the penalty levied in not later than ten (10) working days from the day of levy of penalty. Fund collected from successful transactions shall be deposited into AVVNL s account not later than T+1 working days else 12% p.a. shall be charged on un-deposited amount, where T is the day of payment by consumer. This shall be deducted from the monthly invoices submitted by the bidder. In case of delay beyond T+3 working days, 24% p.a. shall be charged on un-deposited amount The payment gateway service should facilitate multiple users making transactions from various locations at a single point of time. 14 P a g e

15 15 iv) PGSP shall retain authorization logs, non-repudiation logs and transaction records for the entire period of contract. v) All records shall be kept in accordance with generally accepted accounting procedures. All procedures shall be in accordance with central, state and local laws. vi) PGSP shall certify that online financial transactions shall be based on secure data transmission and a standard public-and-private key encryption system that encrypts the user s submission of private financial data before it leaves their web browser. The data must remain encrypted throughout transmission until it s safely received at the intended server where it is decrypted and processed. The required licenses shall be the at the cost of the PGSP. vii) PGSP shall ensure that appropriate security measures are put in place to protect AVVNL s internal systems from intrusions and other attacks while conducting e-payment transactions, whether internal or external, e.g., message interception, tampering, redirection, or repudiation or while pulling data from or pushing data into AVVNL server. viii) PGSP shall ensure compliance with international information security standards and best practices. ix) Any information and/or data obtained by the PGSP from AVVNL or Consumer of AVVNL shall be stored in a place physically secure from access by unauthorized persons. PGSP shall take every reasonable precaution to ensure that all buildings, rooms, storage areas, and containers ("physical locations") used by PGSP in providing the product(s) and service(s) under this contract shall be secure and equipped with reasonable precautions against damage. x) Throughout the term of this contract, AVVNL shall have the right at any time to inspect PGSP s transaction records for AVVNL charges and associated PGSP fees. Any such inspection shall be made during regular business hours and comply with any reasonable security and confidentiality procedures of PGSP. AVVNL can get audited all or any of such accounts as per their discretion. xi) PGSP shall provide AVVNL with the capability to securely access, via password-protected site, to transaction information. xii) Payment services must offer fraud screening tools to reduce fraudulent transactions. This includes address verification, One time password, Card Code Value (CVV) verification, expiry date of the card, date of birth etc. to ensure that the payments made via payment service are legitimate. xiii) The payment service should adhere to certain standards such as VeriSign Secured/ VBV/ Secure Code. xiv) The consumer service centre provided to consumer for payment information and payment issues should be available 24X7. Popular media like toll-free, , SMS should be used to record citizen payment issues. xv) All the consumer payment issues (including refund of failed transactions) should be resolved within a period of two (02) working days. xvi) Before accepting the payment, the PGSP shall display the transaction charges if it has to be born by the consumer. 15 P a g e

16 16 SECTION III 5. AWARD OF CONTRACT 5.1 Award Criteria GENERAL TERMS & CONDITIONS AVVNL will award the contract to the successful bidder as per Section 2 of this RFP but mainly guided by the GCC of AVVNL. 5.2 Contract Period The contract shall remain in force for a period of one (1) year from the date of issue of work order and is extendable for another one (1) year (maximum upto 3 years) on successful performance and mutually agreed terms & conditions. 5.3 Right to Accept/ Reject any or All Proposals AVVNL reserves the right to accept or reject any proposal, and to annul the bidding process and reject all proposals at any time prior to award of contract, without thereby incurring any financial or other liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for AVVNL s action. 5.4 Notification of Award (LoI) AVVNL will notify the successful bidder in writing or by fax or by , to be confirmed in writing by letter, that its proposal has been accepted. The notification of award will constitute the formation of the contract. Upon the successful bidder's furnishing of performance security, AVVNL will promptly notify each unsuccessful bidder and release their EMD. 5.5 Signing of Contract After the AVVNL notifies the successful bidder that its proposal has been accepted the successful Bidder shall be required to furnish the required Bank Guarantee and enter into an agreement with AVVNL within 15 (fifteen) days from the date of receipt of notification of award of the work. This contract shall be on the basis of RFP document, proposals of the Bidder, applicable guidelines of Visa/Master/American Express and the Reserve bank of India, and other terms and conditions as may be mutually determined by Ajmer Vidyut Vitran Nigam Limited to be necessary for due performance of the work. 5.6 Safe Custody cum Performance Bank Guarantee The value of Safe Custody cum Performance Bank Guarantee to be equal to INR 50,00,000/- (Rupees Fifty Lacs Only) Within 15 days of receipt of letter of intent (LoI), the successful bidder will furnish safe custody cum performance guarantee amounting to Rs. 50,00,000/- in the form of BG, in prescribed Performa, on non judicial stamp worth 0.25% of BG amount of the state of Rajasthan from a Nationalized/scheduled bank for faithful execution of contract to the entire 16 P a g e

17 17 satisfaction of AVVNL. The firm, if situated out of the state of Rajasthan and unable to furnish the BG on NJ stamp of Rajasthan, in such a situation the firm has to furnish a declaration that the BG is duly stamped as per stamp law applicable in its state and difference of stamp duty shall be furnished by the firm on NJ stamp of Govt. of Rajasthan All charges and expenses whatsoever such as premium; commission etc. with respect to the Bank Guarantee shall be borne by the bidder The Bank Guarantee shall be valid till 6 months after the completion of the contract period. The Bank Guarantee may be discharged/ returned by AVVNL upon being satisfied that there has been due performance of the obligations of the bidder under the contract. However, no interest shall be payable on the Bank Guarantee In the event of the bidder being unable to service the contract for whatever reason, AVVNL would invoke the BG. Notwithstanding and without prejudice to any rights whatsoever of AVVNL under the contract in the matter, the proceeds of the BG shall be payable to AVVNL as compensation for the pre-estimated, pre-determined and pre-agreed loss resulting from the bidder s failure to perform/comply its obligations under the contract. AVVNL shall notify the bidder in writing of the exercise of its right to receive such compensation within a reasonable time AVVNL shall also be entitled to make recoveries from the bidder s bills, Bank Guarantee, or from any other amount due to him, an equivalent value of any payment made to him due to inadvertence, error, collusion, misconstruction or misstatement. 5.7 Failure to agree with the Terms & Conditions of the RFP Failure of the successful bidder to agree with the Terms & Conditions of the RFP shall constitute sufficient grounds for the annulment of the award, in which event AVVNL may award the contract to the next best value bidder or call for new proposals or invoke the BG. 6 PAYMENT TERMS As stated in the financial offer, separate rates are to be quoted for payments less than or equal to Rs 5000/- and for payments more than Rs 5000/-. In case of payments less than or equal to Rs 5000/-, the transaction charges shall be borne by AVVNL. In such cases, monthly invoices shall be raised in favour of the Zonal Sr. Acoounts Officer (Rev/AZ), AVVNL, Ajmer by 7 th of every month. AVVNL shall release the payment through Sr. Accounts Officer (ACC) within 30 days of receipt of the invoice. However, no interest shall be paid on late payments, if any. In case of payments more than Rs 5000/-, the transaction charges shall be borne by the consumer. In such cases, the payment towards the service offered shall be collected by the bidder directly from the consumer of AVVNL/ user of the payment gateway system at the time of transaction. The service fee per transaction would be capped to fee amount. i.e., the successful bidder shall charge the user of the payment gateway an amount equal to the financial quote along with service tax at actual as applicable at the time of transaction. Sole responsibility of charging the correct service tax and depositing with the Government shall be the sole responsibility of the firm. Also no extra transaction/ service/ convenience fees shall be levied on the consumer either by the PGSP or the end bank. 17 P a g e

18 Other Payment Terms Any fluctuation in prices due to inflation, tax regulations other than service tax will be borne by the bidder and not be passed on to the consumer or AVVNL For the payment purposes, price reduction shall be applied on pro rata basis on all head, sub heads and items of the financial bid. 7 OTHER TERMS & CONDITIONS 7.1 Termination for Default Default is said to have occurred: If the selected Bidder fails to deliver any or all contracted services as per service standards specified in the Contract If the selected Bidder fails to perform any other obligation(s) under the Contract If the selected Bidder in the judgment of the AVVNL has engaged in corrupt or fraudulent practices in competing for or in executing the Contract If the agency, in either of the above circumstances, does not take remedial steps within a period of 30 days after receipt of the default notice from AVVNL (or takes longer period in spite of what AVVNL may authorize in writing), AVVNL may terminate the contract/ work order in whole or in part. In addition to above, AVVNL may at its discretion also take the subsequent actions In the event AVVNL terminates the Contract in whole or in part, AVVNL may procure, upon such terms and in such manner as it deems appropriate, services similar to those undelivered, and the selected Bidder shall be liable to AVVNL for any excess costs for such similar services. However, the Bidder shall continue performance of the Contract to the extent not terminated. Alternately, AVVNL would be free to fully take over the assets and operations earlier being undertaken by the Bidder on mutually agreed terms, without prejudice to any other action as contemplated in the Contract. 7.2 Termination for Insolvency AVVNL may at any time terminate the contract by giving 30 days written notice to the selected Bidder if the later becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the selected Bidder, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the AVVNL. 7.3 Force Majeure The successful Bidder shall not be liable for forfeiture of its Performance Guarantee, Liquidated Damages, or termination for default if and to the extent that it s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure For purposes of this clause, Force Majeure means an event beyond the control of the successful Bidder and not involving the successful Bidder s fault or negligence, and not foreseeable. Such events may include, but are not restricted to, acts of the AVVNL in its 18 P a g e

19 19 sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes If a Force Majeure situation arises, the successful Bidder shall promptly notify the AVVNL in writing of such condition and the cause thereof. Unless otherwise directed by the AVVNL in writing, the Bidder shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 7.4 Resolution of Disputes AVVNL and the selected Bidder shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract Settlement committee If, after thirty (30) days from the commencement of such informal negotiations, AVVNL and the selected Bidder/ have been unable to resolve amicably resolve dispute, either party may require that the dispute be resolved by arbitration in accordance with the Arbitration and Conciliation Act, All Arbitration proceedings shall be held at Ajmer, India and the language of the arbitration proceedings and that of all documents and communications between the parties shall be in English. 7.5 Arbitration: All disputes or differences in respect of which the decision, if any, of the Officer in-charge of AVVNL has not become final or binding as aforesaid shall be settled by arbitration in the manner hereinafter provided The arbitration shall be conducted by three arbitrators, one each to be nominated by the Contractor and the Owner and the third to be appointed as an umpire by both the arbitrators in accordance with the Indian Arbitration Act. If either of the parties fails to appoint its arbitrator within sixty (60) days after receipt of a notice from the other party invoking the Arbitration clause, the arbitrator appointed by the party invoking the arbitration clause shall become the sole arbitrator to conduct the arbitration The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration & Reconciliation Act, 1996 or any statutory modification thereof. The place & venue of arbitration shall be AJMER The decision of the majority of the arbitrators shall be final and binding upon the parties. The arbitrators may, from time to time with the consent of all the parties enlarge the time for making the award. In the event of any of the aforesaid arbitrators dying, neglecting, resigning or being unable to act for any reason, it will be lawful for the party concerned to nominate another arbitrator in place of the outgoing arbitrator The arbitrator shall have full powers to review and/or revise any, decision, opinion, direction, certification or valuation of the Engineer in accordance with the Contract, and neither party shall be Limited in the proceedings before such arbitrators to the condense or arguments out before the Engineer for the purpose of obtaining the said decision No decision given by the Engineer in accordance with the foregoing provisions shall disqualify him as being called as a witness or giving evidence before the arbitrators on any matter whatsoever relevant to the dispute or difference referred to the arbitrators as aforesaid. 19 P a g e

20 During settlement of disputes and arbitration proceedings, both parties shall be obliged to carry out their respective obligations under the Contract Notices Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by telex, cable or facsimile and confirmed in writing to the party s address. The term "in writing" means communicated in written form with proof of receipt. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered post, telex, or facsimile to such Party s address. Notice will be deemed to be effective as follows: (a) in the case of personal delivery or registered mail, on delivery; (b) in the case of facsimiles, twenty four (24) hours following confirmed transmission. A party may change its address for notice hereunder by giving the other party notice of such change. For notices, the AVVNL's contact details shall be: 7.7. Confidentiality Superintending Engineer (IT), IT Cell, AVVNL, Naka Madar, Ajmer Rajasthan, India ID: Phone / fax : The selected bidder shall not, without AVVNL s prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample of information furnished by or on behalf of the AVVNL in connection therewith, to any person other than a person employed by the Bidder in the Performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance Governing Law and Jurisdiction: This tender shall be construed and interpreted in accordance with and governed by the laws of India and the Courts at Ajmer, India and any dispute or difference arising under/out of or in connection with this tender or contract shall be subject to exclusive jurisdiction of the Ajmer Court General Terms & Conditions: a) The Bidder shall perform the services and carry out its obligations under the Contract with due diligence and efficiency, in accordance with generally accepted techniques and practices used in the industry and with professional engineering and training/consulting standards recognized by national/international professional bodies and shall observe sound management, technical and engineering practices. It shall employ appropriate advanced 20 P a g e

21 21 technology and safe and effective equipment, machinery, material and methods. The Bidder shall always act, in respect of any matter relating to this Contract, as faithful advisors to AVVNL and shall, at all times, support and safeguard AVVNL s legitimate interests in any dealings with Third parties. b) AVVNL reserves the right to assess the performance of the bidder prior to commencement or in between the work progress. The assessment may cover all areas related to the assigned work order, especially methodology, manpower, infrastructure etc. c) The selected bidder shall indemnify the AVVNL against all third party claims of infringement of patent, trademark/copyright or industrial design rights arising from the use of the supplied software/ hardware/manpower etc. and related services or any part thereof. d) If the selected bidder is not able to fulfill its obligations under the contract, which includes non-completion of the work, AVVNL reserves the right to select another bidder to accomplish the work. Any costs, damages etc. resulting out of the same shall have to be borne by the selected bidder e) The selected bidder shall not outsource the works assigned to any other party under any circumstances. This violation will attract forfeiture of EMD/Security deposit and cancellation of work order. The cost incurred on executing the work order through alternate sources will also be recovered from the outstanding bills or by raising claims. f) The original documents / photographs or any other material given to bidder for digitization or any other requirement should be handled with utmost care. The originals given to bidder should be returned without any damage. Protecting the sanity of originals is complete responsibility of the bidder. Any damages to the originals will invite penalties as decided by AVVNL and recoverable from the negligent bidder. 21 P a g e

22 22 To The Superintending Engineer (IT), IT Cell, Ajmer Vidyut Vitran Nigam Ltd., Naka Madar, Ajmer , RAJASTHAN Format for Covering Letter () Annexure I Ref: Request for Proposal for appointment of Online Payment Gateway Service provider for AVVNL (TN IT-12). Dear Sir, Having examined the RFP, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide the professional services as required and outlined in the RFP. To meet such requirements and provide such services as required are set out in the RFP. We attach here to the technical response as required by the RFP (), which constitutes our proposal. We undertake, if our proposal is accepted, to adhere to the implementation plan. If our proposal is accepted, we will obtain a performance security, acceptable to AVVNL, for a sum of INR 2,00,000/- (Rupees Two Lacs Only) for the due performance of the contract. We agree for unconditional acceptance of all the terms and conditions set out in the RFP document and also agree to abide by this RFP response for a period of SIX MONTHS from the date fixed for bid opening and it shall remain binding upon us with full force and virtue, until within this period a formal contract is prepared and executed, this RFP response, together with your written acceptance thereof in your notification of award, shall constitute a binding contract between us and AVVNL. We confirm that the information contained in this proposal or any part thereof, including its exhibits, schedules, and other documents and instruments delivered or to be delivered to AVVNL is true, accurate, and complete. This proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead AVVNL as to any material fact. We agree that you are not bound to accept any RFP response you may receive. We also agree that you reserve the right in absolute sense to reject all or any of the products/ services specified in the RFP response. It is hereby confirmed that I/We are entitled to act on behalf of our company/ corporation/ firm/ organization and empowered to sign this document as well as such other documents, which may be required in this connection. Date: (Signature) (Name) (In the capacity of ) Witness Signature: Witness Name: Witness Address: [Seal / Stamp of bidder] 22 P a g e

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