REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF NETWORK SWITCHES FOR BANK S DATA CENTER & DISASTER RECOVERY SITE

Transcription

1 OBC/HO/DIT/NW/77/ Date: 08/02/2016 REQUEST FOR PROPOSAL (RFP) FOR PROCUREMENT OF NETWORK SWITCHES FOR BANK S DATA CENTER & DISASTER RECOVERY SITE Oriental Bank of Commerce Department of Information Technology, Plot No.5, Institutional Area, Sector-32, Gurgaon, Haryana Tel. no.: , , it_rfp@obc.co.in Website: Date: 08/02/2016 Page 1 of 52

2 Disclaimer The information contained in this RFP document or any information provided subsequently to bidder(s) whether verbally or in documentary form by or on behalf of the Bank is provided to the bidder(s) on the terms and conditions set out in this RFP document and all other terms and conditions subject to which such information is provided. This RFP is neither an agreement nor an offer and is only an invitation by Bank to the interested parties for submission of bids. The purpose of this RFP is to provide the bidder(s) with information to assist the formulation of their proposals. While effort has been made to include all information and requirements of the Bank with respect to the solution requested, this RFP does not claim to include all the information each bidder may require. Each bidder should conduct its own investigation and analysis and should check the accuracy, reliability and completeness of the information in this RFP and wherever necessary obtain independent advice. The Bank makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RFP. The Bank may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP Page 2 of 52

3 Contents 1 INTRODUCTION OBJECTIVE SCOPE OF WORK SERVICE LEVELS BIDDERS ELIGIBILITY CRITERIA PROJECT TIMELINES TERMS & CONDITIONS GENERAL TERMS OF REFERENCE ( TOR ) INSTRUCTIONS TO BIDDERS BIDDING PROCESS TECHNICAL BID COMMERCIAL BID SUBMISSION OF BIDS SEALING AND MARKING OF BID LATE BIDS OPENING OF BIDS PROPOSAL MODIFICATION CLARIFICATION OF BIDS RESULT NOTIFICATION COST OF RESPONSES PRECEDENCE OF DOCUMENTS EVALUATION CRITERIA ADDRESS FOR COMMUNICATION NO COMMITMENT TO ACCEPT LOWEST OR ANY BID CORRECTION OF ERRORS NON-TRANSFERABLE TENDER SOFT COPY OF TENDER DOCUMENT BID VALIDITY PERIOD ADDENDA/CORRIGENDUM PRE BID MEETING AWARD OF CONTRACT REJECTION OF BIDS SIGNING OF CONTRACT LEGAL COMPLIANCE GOVERNING LAW AND RESOLUTION OF DISPUTE AMENDMENT TO CONTRACT CORRESPONDENCE AND NOTICES PAYMENT TERMS BID FEATURES BID EVALUATION KEY GUIDELINES ANNEXURES ANNEXURE I: TENDER OFFER COVER LETTER ANNEXURE II: BID UNDERTAKING LETTER ANNEXURE III: CONFIRMATION OF TERMS AND CONDITIONS ANNEXURE IV: PRE-BID QUERY FORMAT... Page 3 of 52

4 5.5 ANNEXURE V: BIDDER'S GENERAL INFORMATION ANNEXURE VI: BIDDERS ELIGIBILITY CRITERIA ANNEXURE VII: TECHNICAL SPECIFICATIONS FOR SWITCHES ANNEXURE VIII: BILL OF MATERIAL ANNEXURE IX: L-1 BIDDER DETERMINATION SHEET ANNEXURE X: PERFORMA FOR THE BANK GUARANTEE FOR EARNEST MONEY DEPOSIT ANNEXURE XI: PERFORMA FOR PERFORMANCE BANK GUARANTEE ANNEXURE XII: OEM AUTHORIZATION FORM ANNEXURE XIII: INTEGRITY PACT... Page 4 of 52

5 RFP Reference Number Department Name Scope of Work RFP Details Mode of Tender Submission Tender Type Type of Contract Bidding Type Base Currency Consortium Download Tender Documents Purchaser Location Document Download Start Date & Time Document Download End Date & Time Last Date & Time of Online Bid Submission Date & Time of Online Technical Bid Opening Bid Validity Period (Days) Project Duration Details of Documents submitted Physically Pre-bid-Meeting Mode of Apo-Po Mode of Document Fees Payment Mode of EMD payment Document Control Sheet OBC/HO/DIT/NW/77/ Information Technology The Bidder shall Supply, Install, Integrate, Configure and Maintain Network Switches at Data Center and Disaster Recovery Site Request For Proposal (e RFP) For Procurement Network Switches For Bank s Data Center and Disaster Recovery Site Online and Offline Open Supply & Service Indigenous INR (`) Consortium Bids are not allowed. After meeting the Pre-Qualification criteria PAN India Key Dates 8th February 16 29th February 16 upto 4:00 PM 29th February 16 upto 5:00 PM 1st March 16 at 3:00 PM As per tender document As per tender document i. Participation Fee DD, ii. B.G. or DD for EMD iii. Technical Bid iv. Other documents supporting eligibility criteria etc. as per tender document. Tender Activity Configuration Pre-bid Queries must reach us on or before 15/02/2016 5:00 pm through on it_rfp@obc.co.in Bidders may discuss their queries in the pre-bid meeting that will be held on 17/02/2016 at 2:30 pm, at First Floor, Department of Information Technology, Plot No. 5, Sector 32, Gurgaon Offline Offline Offline Page 5 of 52

6 Mode of Security Fees Payment Participation Fees(`) EMD Amount (`) Eligibility Criteria : General Terms and condition : Other Details : Online Bid Submission Details Offline INR 25,000/- Rupees Twenty Five Thousand only (NON REFUNDABLE) in the form of Demand Draft/Banker s Cheque from a Scheduled Bank in favor of Oriental Bank of Commerce, payable at Gurgaon (The Bidders who are registered with NSIC/ MSE are exempted from paying participation fee) A bid security of INR 25,00,000/- (Rupees Twenty Five Lacs only) by way of Demand Draft or Pay Order in favor of Oriental Bank of Commerce payable at Gurgaon. The EMD can also be submitted in the form of BG of Scheduled Commercial Bank. The EMD must be enclosed in Technical Bid. Details As per Tender Document As per Tender Document 1. The bidders must fulfill the Pre-Qualification criteria for being eligible to bid. 2. The specifications of tender shall be enabled to bidders fulfilling the Pre-Qualification criteria and after receipt of Document fees by the Purchaser. 3. The document fees instrument shall be returned to the bidder failing to meet the Pre-Qualification criteria. 4. The EMD of INR 25,00,000/- along with physical copies of all the documents in support of eligibility criteria etc. must be received at the following address at the date and time of submission of bid. 5. The prospective bidders may mail their queries and suggestions for any changes required to be made in the bid document through on it_rfp@obc.co.in on or before upto 5:00 PM. The suggestions and queries shall be responded during pre-bid meeting to be held on at 2:30PM at DIT, Head Office, Gurgaon. 6. No suggestions or queries shall be entertained after 5:00 PM on Contact details of the Bank: The Deputy General Manager (IT) Oriental Bank of Commerce, Corporate Office, Plot No.5, Sec-32 Institutional Area, Gurgaon Phone: Fax: it_rfp@obc.co.in This Tender will follow e-tendering process [e-bids] as under which will be conducted by Bank s authorized e-tendering Service Provider Page 6 of 52

7 M/s C1 India Pvt. Ltd. through Website Following activities will be conducted online through above website: a) Submission of Technical Bid & Commercial Bid by the Vendor b) Opening of Technical Bid & Commercial Bid by the Bank c) Clarification, if any, sought by the Bank. d) On-line evaluation by the Bank. Representatives of Vendors will be given training for e-tendering by the Service Provider, M/s C1 India Pvt. Ltd. Bidders who wish to participate in online tenders will have to register with the website ( through the "Registration" link provided on the home page. Bidder will create login id & password on their own in registration process. Following facilities shall be provided to registered bidders/ vendors by the service provider M/s C1 India Pvt. Ltd: a) Training to the Vendor/Contractor for participating in the bids through e-tendering Website. b) 24x7, 365 days call center support/ / phone/ fax/ chat / mobile etc. in all possible medium. c) Registration with the e-tendering website. d) User Manual/ Training Kit to the Vendor/ Contractor. e) Any no. of users of Vendor/ Contractor organization can take training on the e-tendering system. f) Bidder who wish to participate in this tender need to procure Digital Signature Certificate (for Encryption) as per Information Technology Act-2000 using that they can digitally sign their electronic bids. Bidders can procure the same from any of the CCA approved certifying agencies, or they may contact M/s C1 India Pvt. Ltd. at below mentioned address and they will assist them in procuring the same. Bidders who already have a valid Digital Signature Certificate need not to procure the same. In case bidders need any clarification regarding online participation, they can contact, C1 India Pvt. Ltd Plot no. 301, 1 st Floor, Udyog Vihar Phase - 2, Gurgaon (India) Tel: Page 7 of 52

8 Help Line: obcsupport@c1india.com Website : g) Bidders who wish to participate in e-tender need to fill data in predefined forms of RFP, Technical, Price bid available in respective tender only. h) Bidder should upload scanned copies of reference documents in support of their eligibility of the bid and as per the instructions given in tender documents After filling data in predefined forms bidders need to click on final submission link to submit their encrypted bid. As part of online bid submission the documents to be uploaded are as follows: 1. Response against Eligibility Criteria 1.1 Annexure V: Bidder s General Information 1.2 Annexure VI: Bidder s Eligibility Criteria 1.3 Other supporting documents 2. Response as part of Technical Bid Submission 2.1 Annexure I: Tender Offer Cover Letter 2.2 Annexure II: Bid Undertaking Letter 2.3 Annexure III: Confirmation of Terms and Conditions 2.4 Annexure VII: Technical Specifications for Switches 2.5 Annexure XII: Manufacturer Authorization Form 2.6 Annexure X: Performa of Bank Guarantee for Earnest Money Deposit 2.7 Annexure XIII: Integrity Pact 3. Response as part of Commercial Bid Submission 3.1 Annexure VIII: Bill of Material 3.2 Annexure IX: L-1 Bidder Determination Sheet Page 8 of 52

9 Invitation for Tender Offer Oriental Bank of Commerce (hereby referred to as OBC or Bank ) invites sealed tenders for Technical bid (offline as well as online) and Commercial bid (online) from prospective Bidders. In this RFP, the term bidder refers to the bidder delivering products / services mentioned in this RFP. The prospective bidders are advised to note the following: 1. The Bank expects the interested Bidders to purchase the hardcopy of the complete RFP document including annexures and forms from the Bank s premises during the business hours as per schedule. The interested bidder are required to submit the Nonrefundable Tender Document Fees of ` 25,000 (Rupees Twenty Five Thousand only) by way of demand draft from any Scheduled commercial bank in favor of Oriental Bank of Commerce and payable at Gurgaon to receive the RFP document. The RFP document without the annexures & forms can be downloaded from the bank s website. 2. Representatives of bidders who attend the pre-bid meeting are required to carry an authorization document from the company, an identity card for attending the meeting. Only those bidders who have purchased the Bid document will be allowed for attending the said prebid meeting. Further only two representative from one bidder will be allowed. 3. Technical Specifications, Bill of Material documents, Terms and Conditions and various formats for submitting the tender offer are described in the tender document and Annexure/forms. Page 9 of 52

10 1 Introduction Oriental Bank of Commerce, one of the leading public sector banks in India having its corporate office at Plot No. 5, Sector 32, Institutional Area, Gurgaon (Haryana), India (hereafter referred to as Bank or the Bank ) has national presence through over 2344 branches and 2570 ATMs (out of which 2175 are on-site ATMs, 393 off-site ATMs and 2 Mobile ATMs) spread across the country. The Bank has about 20 million customers served through 100% Core Banking branches spread across the country. Bank uses Information Technology in all spheres of its functioning by connecting all its Branches, Regional Offices, Regional Inspectorates, Corporate office and Data Centre by WAN. The Bank invites technically complete and commercially competitive bids from reputed bidders for Supply, Installation, Commissioning, Integration & Maintenance of Network Switches for Bank s Data Centre & Disaster Recovery Site. 1.1 Objective The Bank has set up a Secure, Robust, Scalable, State-of-art Wide Area Network connecting its various branches and offices with its Primary Data Centre (PDC) and Disaster Recovery Site (DRS) site located at Mumbai and Delhi respectively. The Bank has a 3-tier network where the access points, i.e., branches are connected to Aggregation points, i.e. Regional offices which are linked to Data Centre and DR Site. As on date, Head Office locations, Regional Offices & Branches and other offices are networked using Leased Lines and VSATs. Objective of this bid document, hereinafter called RFP is to undertake e-tendering (separate technical & commercial) for empanelment of vendor for replacement of CISCO 6509 and CISCO 2950 Switches installed at PDC, NLS, DR site and other locations with technologically upgraded Switches. Bidders who are interested in participating in the RFP must fulfill the eligibility criteria mentioned in the document and also in a position to comply the technical specification as given in Annexure VII. Bidder must agree to all our terms & conditions mentioned under this RFP. 1.2 Scope of Work The overall scope of work includes Supply, Installation, Integration, Maintenance & Operationalization of L2 and L3 Switches at Bank s Data Center and Disaster Recovery Site with 5 Years onsite comprehensive warranty & 2 Years AMC. The bidder s scope of work also covers following activities and deliverables: a) The product rates under this RFP bidder shall be for period of one year (empanelment period) from Date of acceptance, of the first Purchase Order for supply of new switches. Page 10 of 52

11 b) Bidder shall be responsible for supply of all necessary hardware and software for successful implementation and commissioning of Layer 2 & Layer 3 Switches at Bank s Data Center and Disaster Recovery Site, other Bank locations as per Bank s requirement. c) Bidder shall be responsible for seamless migration of Core Switches, Aggregation Switches and other switches; bidder will also be responsible for the smooth operations of all newly supplied Switches at Bank s DC and DRS throughout the tenure of the Contract. d) Bidder shall work in coordination with existing Network Integrator of the Bank for getting the necessary configuration, for assigning IP address to Equipment for seamless migration, operationalization and maintenance of Switches. In case if the Switches goes faulty, the existing Network Integrator will co-ordinate with the successful bidder for the replacement of the faulty switch. The bidder is required to re-deploy the switch at no additional cost to the bank. e) The Bidder must ensure that the offered switches are IPV4 and IPV6 compliant from the day one. f) Configuration Management of switches (supplied and under AMC) will be responsibility of the Bidder i.e. configuration changes as and when required as per the requirement of Bank. g) Bank has deployed CISCO Routers (i.e. existing Routers such as Cisco 7600, 3900, 1900, 1800) and Switches at its various locations, the proposed switches should be Interoperable with CISCO Routers, Firewalls, IPS, WAF/DAM and Switches. h) All Switches should be from the same OEM - for better interoperability and ease of management. i) The Bidder shall be responsible for Integration and Operationalization of the offered product with the existing setup deployed across Bank s various locations. j) The Bidder shall arrange the training for at least two officials at Bank s each location ( maximum 6 Officers) on the operational aspects which will cover administration, usage, troubleshooting, Monitoring etc. of the supplied Switches without any additional cost to Bank. k) In order to ensure Business Continuity, vendor shall ensure the Back to Back support arrangement with OEM for Switches under warranty and AMC. In case of any equipment failure, Vendor should replace the faulty switch within 4 hours from the call is logged or Bank has brought to the notice of the Vendor. l) The bidder will take back all the old Switches 6509 series switches on as-is-where-is basis after successful Installation and Integration of New Switches from Data Centre Mumbai. m) Vendor shall not sub-contract all or any part of the AMC or any other services which include Installation, maintenance etc., to any 3rd party. Any services which needs to be rendered to Bank should be done by on-roll employee of the Vendor organization. n) Vendor shall provide the escalation matrix & centralized help desk number for call logging to the Bank. o) Vendor shall provide all the latest upgrades released by OEM on time to time basis on all the switches without any extra cost to the Bank during the period of Contract. Page 11 of 52

12 p) The Vendor has to bring in OEM s Professional Services team for the following services as part of services. OEM needs to carry out the following services & activities: I. OEM Professional Services team is required to vet the Plan of Action submitted by Bidder before implementation and Integration. II. III. IV. OEM Professional Services team is required to carry out the Configuration Review of in-scope network equipment at Data Center located at PDC and DR Site after being implemented by the Vendor with respect to best practice recommendations from OEM. OEM Professional Service Team is required to submit the report highlighting any exceptions from best practices and OEM Professional Service should present the findings to OBC Technical Team On the basis of the OEM s Professional Service team s report, Vendor is required to implement the findings within one month of submission of the Report by OEM, at no additional Cost to the Bank. 1.3 Service Levels This section describes the service levels that have been established for the Services offered by Vendor to the Bank. Vendor shall monitor and maintain the stated service levels to provide quality customer service to the Bank. System Availability System availability is defined as {(scheduled operation time system downtime)/ (scheduled operation time)}*100% Where- 1. Scheduled operation time means the scheduled operating hours of the system for the month. All planned downtime on the system would be deducted from the total operation time for the month to give the scheduled operation time. 2. System downtime subject to the SLA means accumulated time during which the system is totally inoperable due to in-scope system or infrastructure failure, and measured from the time Bank and/or its System Integrator log a call with Vendor help desk for the failure or the failure is known to Vendor from the availability measurement tools to the time when the system is returned to proper operation. 3. The business hours are 24*7*365 (366 days in case of leap year) for IT Infrastructure at DC and DRC, including network equipment. 4. Average uptime will be for each individual Network Equipment. 5. Response should be onsite. 6. If any one or more of the components defined as Critical - at the Data Centre, Near Site and Disaster Recovery Centre are down resulting in non-availability of Core Banking Solution or its allied Page 12 of 52

13 applications, then the services listed in the availability measurements table shall be considered for calculating the downtime. Typically the response and resolution time will be applicable only if Network equipment or infrastructure (including Software / Hardware) is down at DC and DRS Issue Criticality Classification Availability: The uptime of the system both in absolute terms as well as percentage terms Critical Criticality Level IT Infrastructure grouping Type A, Type B & Type C Switches at PDC, DRS In the above table the Type A switch refer to Core Switches at PDC and DRC; the Type B Switches refer to Aggregation Switches, and Type C refers to dedicated switches for CBS Servers at DC and DRS Service Level Default Service Level will be measured on a monthly basis. The Vendor s performance to Service Levels will be assessed against Minimum Expected Service Level requirements for each criteria mentioned in the Availability measurement table. Availability Service Level Default will occur when: The Vendor fails to meet Minimum Expected Service Levels, as measured on a monthly basis, for a particular Service Level. Service Level Description Availability of Critical Infrastructure Such as Network Equipment at DC & DRS Minimum Expected Service Level (Monthly) Measurement Tools 99.95% Enterprise Management System Cost Reference for the 7 year tenure Cost of Network Equipment at DC + AMC Cost for the 6 th and 7 th Year Note:-The response and resolution time will not considered as uptime. Page 13 of 52

14 1.3.2 Penalty Computation In the event of Service Level Default, the Vendor shall pay the Bank a Service Credit that will be computed in accordance with the following formula: Monthly Service Level Default = Minimum Service Level Monthly Actual Service Level Service Credit = Monthly Service level default x Summation of Cost References In the event that the Service Level Default has occurred for more than one service level requirement, the sum of the corresponding Service Credits shall be credited to the Bank. The Vendor shall review with the Bank, on a monthly basis from the start of Contract Execution, any entitlement of the Bank to the Service Credit/Penalty amount. The total amount of Service Credit that the Vendor is obligated to pay the Bank shall be reflected on the invoice provided to the Bank in the quarter after the quarter in which the Service Levels were assessed. The Bank shall be entitled to deduct the Service Credit amount from the amounts payable by the Bank to the Vendor as per the invoice. 1.4 Bidders Eligibility Criteria The bidder needs to comply with all the eligibility criteria mentioned in Annexure - VI. Non-compliance to any of these criteria would result in outright rejection of the Bidder s proposal. The bidder is expected to provide proof for each of the points for eligibility evaluation criteria. Any credential detail not accompanied by required relevant proof documents will not be considered for evaluation. All credential letters should be appropriately bound, labeled and segregated in the respective areas. There is no restriction on the number of credentials a bidder can provide. The decision of the Bank would be final and binding on all the Bidders to this document. 1.5 Project Timelines The Bidder shall be responsible for delivery and installation of the ordered item(s) at the site and for making them fully operational at no extra charge within 7 weeks of the date of purchase order. Appropriate insurance to cover the ordered item(s) for the transit period and till the time of its acceptance by the Bank at the respective site is to be taken care by the Bidder (no. of days should be fixed, as it is an open statement). The cost of the insurance will be borne by the Bidder. At the discretion of the Bank, there will be an acceptance test conducted by the Bidder in presence of the Bank official(s) and/or its nominated consultant(s) after installation of complete item(s). In case of serious discrepancy found in the offered equipment supplied, the Bank may cancel the entire purchase order and return the item(s) back to the Bidder at Bidder s costs and risks. The Bidder shall give acceptance plan of the ordered equipment within one week from the date of order. Bank has the right to cancel the order, if the same is not accepted within the stipulated period from the date of order. The Road Permit and other necessary documents are to be arranged by the Bidder and within delivery and installation period of 7 weeks without any additional cost to Bank. Page 14 of 52

15 2 Terms & Conditions 2.1 General The Bank expects the Bidder to adhere to all the terms of this RFP and would not accept any deviations to the same. If the Bidder has absolutely genuine issues only then it may provide the nature of noncompliance to the same in the format provided. The Bank reserves its right to not accept such deviations to the tender terms. The Bank expects that the vendor appointed under the RFP shall have the single point responsibility for fulfilling all obligations and providing all Supply, Delivery operationalization of equipment required for the project implementation along with maintenance for the period of contract. Unless agreed to specifically by the Bank in writing for any changes to the RFP issued, the Bidder s response would not be incorporated automatically in the RFP. Unless expressly overridden by the specific agreement to be entered into between the Bank and the Bidder, the RFP shall be the governing document for arrangement between the Bank and the Bidder Rules for responding to this RFP a) All responses should be in English language. All responses by the Bidder to this RFP shall be binding on Bidder for a period of 180 days after the opening of the commercial offer. b) All responses including commercial and technical bids would be deemed to be irrevocable offers/proposals from the Bidder and may if accepted by the Bank form part of the final contract between the Bank and the selected Bidder. Bidder is requested to attach a letter from an authorized signatory attesting the veracity of information provided in the responses. Unsigned responses would be treated as incomplete and are liable to be rejected. c) Any technical or commercial offer, submitted cannot be withdrawn / modified after the last date & time for submission of the bids unless specifically permitted by the Bank. d) The Bidder may modify or withdraw its offer after submission, provided that, the Bank, and prior to the closing date and time receives a written notice of the modification or withdrawal prescribed for submission of offers. No offer can be modified or withdrawn by the Bidder subsequent to the closing date and time for submission of the offers. e) The Bidder is required to quote for all the components mentioned in this RFP document In case the Bidder does not quote for any of the components, the response would be deemed to include the quote for such unquoted components. It is mandatory to submit the compliance details along with the Technical offer. The Bank reserves the right not to allow / permit changes in the technical Page 15 of 52

16 specifications and not to evaluate the offer in case of non-submission of the technical details in the required format or partial submission of technical details. f) In the event the Bidder has not quoted for any mandatory items as required by the Bank and forming a part of the RFP circulated to the Bidder and responded to by the Bidder, the same will be deemed to be provided by the Bidder at no extra cost to the Bank. g) The Bank ascertains and concludes that everything as mentioned in the RFP circulated to the Bidder and responded by the Bidder has been quoted by the Bidder, and there will be no extra cost associated with the same in case the Bidder has not quoted for any items or service that is required under this RFP. h) All out of pocket expenses, travelling, boarding and lodging expenses for the entire life of the contract i.e. during Warranty and AMC period should be a part of the financial offer submitted by the Bidder to the Bank. No extra costs on account of any items or services or by way of any out of pocket expenses, including travel, boarding and lodging etc. will be payable by the Bank. The Bidder cannot take the plea of omitting any charges or costs and later lodge a claim on the Bank for the same Price bid a) The Bidder is requested to quote in Indian Rupees ( INR ). Bid in currencies other than INR will be rejected and Bidder will be disqualified. The prices quoted for the Switches in the commercial bid should be valid for the period of contract i.e. during Warranty and AMC period. In case of there is decrease in the prices of the Switches during the tenure of the contract; the cost benefit should be passed to the bank. b) The prices quoted by the Bidder shall include all costs such as excise and custom duties, installation, insurance etc. that need to be incurred except for Service Tax, VAT and local entry taxes / octroi or any other local taxes wherever applicable that need to be incurred. The prices quoted will also include transportation to respective sites, insurance till acceptance of the equipment at the bank s site. c) Terms of payment as indicated in the RFP document and Purchase Contract that will be issued by the Bank on the selected Bidder will be final and binding on the Bidder and no interest will be payable by the Bank on outstanding amounts under any circumstances. d) Commercials: i. The Bank will consider the Total Cost of Ownership (TCO) over a Seven year period i.e. 5 years during warranty and 2 years during AMC period starting from date of acceptance of the new equipment. ii. Bidder is expected to maintain the switches supplied. The warranty of the equipment shall commence from the date of acceptance of such equipment by the Bank. The Switches cost shall be inclusive of onsite 5 years onsite comprehensive warranty. The Bidder will be in a position to continue to provide AMC services as proposed to the Bank for the Sixth and Page 16 of 52

17 Seventh year on the sole discretion of the Approval granted by the Bank. The Bank in this regard shall take a decision based on the Bidder s performance. iii. iv. Comprehensive annual maintenance charges must be quoted, on yearly basis, after taking due consideration for the warranty period. Bank will pay post warranty AMC charges at rates not exceeding the original rates quoted for the AMC in reply to this RFP on the cost of the Switches provided by the Bidder, if the Bank opts for the same. v. The Bank has no obligation to accept the post warranty AMC services and the decision on the same would be taken towards the end of the warranty period. vi. vii. The Bank will summarily reject the equipment s of a lower configuration than those mentioned in the Technical specifications. The insurance shall be for an amount equal to 100% of the total value of equipment s on "all risks" basis, including war risks and theft and robbery and flood clauses, valid for a period up to delivery, supervision of commissioning and acceptance of the equipment s by the Bank. e) The Price offer shall be on a fixed price basis. The rate quoted by the Bidder should necessarily include the following: i. Cost of the equipment; ii. iii. iv. Five years onsite comprehensive warranty covering all parts, including adapters, cords etc., service, visits to the Bank locations etc. In the event any of the Switches supplied by the Bidder reaches End of Support during the contract period the Bidder shall replace such Ethernet Switches with similar or better technical specifications at no extra cost to the bank. Such replaced Switches should be acceptable to the bank. Packing, Transportation, forwarding and freight charges of all equipment to the site; Comprehensive Insurance to cover equipment during transit period and until installation and acceptance of equipment by the Bank; the equipment shall be fully insured in Indian Rupees (INR) naming the Bank as the beneficiary and additional insured. In case any loss or damage occurs, the Bidder should be responsible for initiating and pursuing claims and settlement and also make arrangements for repair and/or replacements of any damaged item/s; v. All taxes, duties and levies of whatsoever nature excepting local entry taxes / octroi, VAT and Service Tax if any. vi. vii. Services, which are required to be extended by the Bidder in accordance with the terms and conditions of the contract. The Bidder must provide and quote for all products and services as desired by the Bank as mentioned in this RFP. Page 17 of 52

18 viii. In case there is a variation between numbers and words; the value mentioned in words would be considered. The Bidder needs to provide Unit costs would be provided for components and services; unit rates would be considered for the TCO purposes Performance Guarantee a) If the contract is awarded, the Bidder should furnish a Performance Bank Guarantee (PBG) to the extent of 10% of the value of the contract within 15 working days of the date of receipt of the purchase contract. The performance bank guarantee needs to be for the complete period of the contract and would need to be renewed till the expiry or termination of the contract. If the Performance guarantee is not submitted within 15 days, the Bank reserves the right to cancel the contract. The Performance Bank Guarantee would be returned to the Bidder after the expiry or termination of the contract. b) Responses to this RFP should not be construed as an obligation on the part of the Bank to award a purchase contract for any services or combination of services. Failure of the Bank to select a Bidder shall not result in any claim whatsoever against the Bank and the Bank reserves the right to reject any or all bids in part or in full, without assigning any reason whatsoever. In the event of Bank not satisfied with the Price Discovery through this process, bank reserves the right to initiate the tendering process again through Limited or Open tender. c) Any additional or different terms and conditions proposed by the Bidder would be rejected unless expressly assented to in writing by the Bank. d) The Bidder 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 the Bank, may constitute a material breach of the Bidder s performance. In the event that the Bank is forced to cancel an awarded contract (relative to this RFP ) due to the Bidder s inability to meet the established delivery dates, that Bidder will be responsible for any re-procurement costs suffered by the Bank. The liability in such an event could be limited to the amount actually spent by the Bank for procuring similar deliverables and services. e) The Bidder represents and acknowledges to the Bank that it possesses necessary experience, expertise and ability to undertake and fulfill its obligations, under all the provisions of this RFP. The Bidder represents that all Switches to be supplied in response to this RFP shall meet the requirements of this scope. f) The Bidder represents that the supplied Ethernet Switches and its documentation and/or use of the same by the Bank shall not violate or infringe the rights of any third party or the laws or regulations under any governmental or judicial authority. The Bidder further represents that the documentation to be provided to the Bank shall contain a complete and accurate description of the Switches and other materials and services (as applicable), and shall be prepared and maintained in accordance with the highest industry standards. The Bidder represents and undertakes to obtain and maintain validity throughout the project, of all appropriate registrations permissions and approvals, which are statutorily required to be obtained by the Bidder for Page 18 of 52

19 performance of the obligations of the Bidder. The Bidder further undertakes to inform and assist the Bank for procuring any registrations, permissions or approvals, which may at any time during the Contract Period be statutorily required to be obtained by the Bank for availing services from the Bidder. g) All terms and conditions, payments schedules, time frame for delivery of Switches as per this tender will remain unchanged unless explicitly communicated by the Bank in writing to the Bidder. The Bank shall not be responsible for any judgments made by the Bidder with respect to any aspect of the Assignment. The Bidder shall at no point be entitled to excuse themselves from any claims by the Bank whatsoever for their deviations in confirming to the terms and conditions, payments schedules, expected service levels, time frame for supply Switches as mentioned in this RFP. h) The Bank and the Bidder covenants and represents to the other Party the following: I. It is duly incorporated, validly existing and in good standing under as per the laws of the state in which such Party is incorporated. II. III. IV. It has the corporate power and authority to enter into Agreements and perform its obligations there under. The execution, delivery and performance of terms and conditions under Agreements by such Party and the performance of its obligations there under are duly authorized and approved by all necessary action and no other action on the part of such Party is necessary to authorize the execution, delivery and performance under an Agreement. The execution, delivery and performance under an Agreement by such Party: Will not violate or contravene any provision of its documents of incorporation; V. Will not violate or contravene any law, statute, rule, regulation, licensing requirement, order, writ, injunction or decree of any court, governmental instrumentality or other regulatory, governmental or public body, agency or authority by which it is bound or by which any of its properties or assets are bound; VI. VII. Except to the extent that the same have been duly and properly completed or obtained, will not require any filing with, or permit, consent or approval of or license from, or the giving of any notice to, any court, governmental instrumentality or other regulatory, governmental or public body, agency or authority, joint venture party, or any other entity or person whatsoever; To the best of its knowledge, after reasonable investigation, no representation or warranty by such Party in this Agreement, and no document furnished or to be furnished to the other Party to this Agreement, or in connection herewith or with the transactions contemplated hereby, contains or will contain any untrue or misleading statement or omits or will omit any fact necessary to make the statements contained herein or therein, in light of the circumstances under which made, not misleading. There have been no events or transactions, or facts or information which has come to, or upon reasonable diligence, should have come to the attention of such Party and which have not been disclosed herein or in a schedule hereto, having a direct impact on the transactions contemplated here under. Page 19 of 52

20 a. The Bidder undertakes to provide qualified, experienced and skilled staff as well as other resources required, to execute the various tasks assigned as part of the project, from time to time. b. The Bank would not assume any expenses incurred by the Bidder in preparation of the response to this RFP and also would not return the offer documents to the Bidder. c. The Bank shall not be held liable for costs incurred during any negotiations on proposals or proposed contracts or for any work performed in connection therewith Changes to the RFP The Bank also reserves the right to change any terms and conditions of the RFP and its subsequent addendums as it deems necessary at its sole discretion. The bank will inform the Bidder about changes, if any before the commercial bids are opened. a. The Bank may revise any part of the RFP, by providing an addendum to the Bidder at stage till commercial bids are opened. The Bank reserves the right to issue revisions to this RFP at any time before the opening of the commercial bid. b. The Bank reserves the right to extend the dates for submission of responses to this document. c. Bidder shall have the opportunity to clarify doubts pertaining to the RFP in order to clarify any issues they may have, prior to finalizing their responses. All queries/questions are to be submitted in writing to the Deputy General Manager, IT and should be received by the point of contact not later than 5:00 PM on The queries received after the mentioned date shall not be entertained. Responses to inquiries and any other corrections and amendments will be distributed to the Bidder by fax or in electronic mail format or hardcopy letter or at Bank s website, at the sole discretion of the Bank. d. Preliminary Scrutiny The Bank will scrutinize the offer to determine whether it is complete, whether any errors have been made in the offer, whether required technical documentation has been furnished, whether the documents have been properly signed, and whether items are quoted as per the schedule. The Bank may, at its discretion, waive any minor non-conformity or any minor deficiency in an offer. This shall be binding on the Bidder and the Bank reserves the right for such waivers and the Bank s decision in the matter will be final. e. Clarification of Offer To assist in the scrutiny, evaluation and comparison of offer, the Bank may, at its discretion, ask the Bidder for clarification of their offer. The Bank has the right to disqualify the Bidder whose clarification is found not suitable to the proposed project. f. The Bank reserves the right to make any changes in the terms and conditions of RFP or purchase contract. The Bank will not be obliged to meet and have discussions with any Bidder, and / or to listen to any representations. g. Erasures or Alterations The offer containing erasures or alterations will not be considered. There should be no hand-written material, corrections or alterations in the offer. Technical details must be completely filled up. Correct technical information of the product being offered must be filled Page 20 of 52

21 in. Filling up of the information using terms such as OK, accepted, noted, as given in brochure / manual is not acceptable. The Bank may treat the offers not adhering to these guidelines as unacceptable. h. Pricing It is absolutely essential for the Bidder to quote the lowest price at the time of making the offer in its own interest. In the event Bank is not satisfied with the Price Discovery in this process, bank reserves the right to initiate the tendering process again through Limited or Open tender for any Equipment which is part of the scope of work. i. Right to Alter Quantities The Bank reserves the right to alter the requirements specified in the tender. The Bank also reserves the right to delete or increase one or more items from the list of items specified in the tender. The bank will inform the Bidder about changes, if any. In the event of any alteration in the quantities the price quoted by the Bidder against the item would be considered for such alteration. The Bidder agrees that the prices quoted for each line item & component is valid for period of contract and can be used by Bank for alteration in quantities. Bidder agrees that there is no limit on the quantities that can be altered under this contract. During the contract period the Bidder agrees to pass on the benefit of reduction in pricing for any additional items to be procured by the Bank in the event the market prices / rate offered by the Bidder are lower than what has been quoted by the Bidder as the part of commercial offer. Any price benefit in the Switch, services should be passed on to the Bank within the contract period. j. No Switches will be accepted as complete if any part of switch are not delivered. In such an event, the supply will be termed incomplete and will not be accepted and warranty period will not commence besides Bank's right to invoke the penalties which will be prescribed in the contract. k. Bank may conduct Inspection/Acceptance after installation of the Switches. In case of discrepancy in Switches supplied & not matching the Bill of Materials or technical proposal submitted by the Bidder in their technical bid, the Bidder shall be given 15 days time to correct the discrepancy post which Bank reserves the right to cancel the entire purchase contract and the Bidder should take back their equipment at their costs and risks. The warranty for the supplied equipment (including software and hardware provided by the Bidder pursuant to this Agreement) will commence after acceptance. The tests will involve trouble-free operation of the complete system during inspection apart from physical verification and testing. There shall not be any additional charges for carrying out this acceptance/inspection test. The Bank will take over the system on successful completion of the above acceptance test. l. The Corporate Office of the Bank is floating this RFP. However, the Bidder(s) getting the contracts shall deliver, install and operationalize the equipment, procured through this RFP, at the Bank s locations or at such centers as the Bank may deem fit and the changes, if any, in the locations will be intimated to the Bidder. m. The Bank shall inform the Bidder all breaches and claims of indemnification and shall grant the Bidder sole authority to defend, manage, negotiate or settle such claims; and make available all reasonable assistance in defending the claims (at the expense of the Bidder). The written demand by the Bank as to the loss / damages mentioned above shall be final, conclusive and binding on the Bidder and Bidder shall be liable to pay on demand the actual amount of such loss / damages caused to the Bank. Page 21 of 52

22 n. In respect of demands levied by the Bank on the Bidder towards breaches, claims, etc. the Bank shall provide the Bidder with details of such demand levied by the Bank. o. For the purposes of this Clause, the indemnity may be restricted to the areas mentioned, i.e., claims arising out of employment, non-payment of remuneration and non-provision of statutory benefits by the Bidder to its employees, its agents, contractors and sub-contractors. p. However, there are other indemnities such as indemnity for IPR violation, confidentiality breach, etc., that the Bidder is expected to provide as per the RFP. q. Indemnity would be limited to court awarded damages and shall exclude indirect, consequential and incidental damages. However indemnity would cover damages, loss or liabilities suffered by the bank arising out of claims made by its customers and/or regulatory authorities. r. The Bidder s representative and local office at Delhi/Gurgaon will be the contact point for the Bank. The delivery status of equipment should be reported on a weekly basis. s. Bidder should ensure that the Switches and its associated components delivered to the Bank including all components and attachments are brand new. In case of software supplied with the system, the Bidder should ensure that the same is licensed and legally obtained with valid documentation made available to the Bank. t. Bidder shall indemnify, protect and save the Bank against all claims, losses, costs, damages, expenses, action, suits and other proceedings, resulting from infringement of any patent, trademarks, copyrights etc. or such other statutory infringements under any laws including the Copyright Act, 1957 and Information Technology Act 2000 and Amendment 2008 in respect of all the Switches or other systems supplied by them to the Bank from whatsoever source, provided however, (i) the Bank notifies the Bidder in writing as soon as practicable when the Bank becomes aware of the claim (ii) the Bidder has sole control of the defense and all related settlement negotiations (iii) the bank provides the Bidder with the assistance, information and authority reasonably necessary to perform the above and (vi) the Bank does not make any statements or comments or representations about the claim without the prior written consent of the Bidder, except where the Bank is required by any authority/regulator to make a comment/ statement/representation. Indemnity would be limited to court awarded damages and shall exclude indirect, consequential and incidental damages. However indemnity would cover damages, loss or liabilities suffered by the bank arising out of claims made by its customers and/or regulatory authorities. u. Manufacturer s Authorization Form The Bidder should furnish a letter from original equipment manufacturer in the format provided in Annexure -XII - Manufacturer Authorization Form provided along with this RFP, v. Technical Inspection and Performance Evaluation - The Bank may choose to carry out a technical inspection/audit and performance evaluation of products offered by the Bidder. The Bidder would permit the Bank or any person / persons appointed by the Bank to observe the technical and performance evaluation / benchmarks carried out by the Bidder. Any expenses (performing the benchmark, travel, stay, etc.) incurred for the same would be borne by the Bidder and under no circumstances the same would be reimbursed to the Bidder by the Bank. Page 22 of 52

23 2.1.5 Conditional bids Conditional bids shall not be accepted on any ground and shall be rejected straightway. If any clarification is required, the same should be obtained before submission of bids Award of Contract The Bank will award the contract to the successful Bidder, out of the Bidders who have responded to Bank s tender as referred above, who has been determined to qualify to perform the contract satisfactorily, and whose Bid has been determined to be substantially responsive, and is the lowest commercial Bid. The Bank reserves the right at the time of award of contract to increase or decrease of the quantity of goods or services or change in location where equipment are to be supplied from what was originally specified while floating the tender without any change in unit price or any other terms and conditions Bid Security (or Earnest Money Deposit) a. The Bidder shall furnish, as part of its Technical bid, bid security of an amount of ` 25,00,000/- (Rupees Twenty Five Lacs Only). The bid security is required to protect the Bank against the risk of Bidder s conduct. b. The bid security shall be denominated in the INDIAN RUPEES only and shall be in the form of a Demand Draft favoring Oriental Bank of Commerce by a Scheduled Commercial Bank or a foreign bank located in India (except Oriental Bank of Commerce) in the form provided in Annexure-X of this RFP. Any bid not secured in accordance with the above will be rejected by the Bank as nonresponsive. c. Unsuccessful Bidders bid security will be discharged/returned as promptly as possible but not later than 30 days after the expiration of the period of bid validity prescribed by the Bank. d. The successful Bidder s bid security will be discharged upon the Bidder signing the Contract and furnishing the performance guarantee. e. The bid security may be forfeited: Withdrawal/modifications of the bid within the validity period of the bid, after opening of the bids. When the successful bidder does not accept the order after issue of Purchase Order. When the successful bidder fails to furnish the Performance Bank Guarantee as per the terms. When the bidder declines to hold his offer during the validity of the offer. f. Period of Validity of Bids - The process of bid evaluation, approval and the subsequent activities may be assumed to take a reasonable amount of time. Therefore, the bids shall remain valid for a period of 6 Months after the date of opening of Commercial Bid prescribed by the Bank. A bid valid for a shorter period shall be rejected by the Bank as non-responsive. Page 23 of 52