Punjab National Bank

Transcription

1 Punjab National Bank REQUEST FOR PROPOSAL FOR PROCUREMENT OF MOBILE APPLICATION DEVELOPMENT PLATFORM AND THEIR RESOURCES FOR DEVELOPMENT, MAINTENANCE AND TESTING OF MOBILE APPLICATIONS Information Technology Division I.T Procurement Department Head Office, 5 Sansad Marg, New Delhi Tel: (011) Extn: 228, 233, 234,408,434 Fax: (011) Page 1 of 48

2 DISCLAIMER The information contained in this Request for Proposal Document (RFP Document) or subsequently provided to Bidder/s, whether verbally or in documentary form by or on behalf of the Punjab National Bank (PNB) or any of their representatives, employees or advisors (collectively referred to as Bank Representatives), is provided to Bidder(s) on the terms and conditions set out in this RFP Document and any other terms and conditions subject to which such information is provided. This RFP Document is not an agreement and is not an offer or invitation by the Bank Representatives to any party other than the entities who are qualified to submit their Proposal (Bidders). The purpose of this RFP Document is to provide the Bidder with information to assist the formulation of their Proposal. This RFP Document does not purport to contain all the information each Bidder may require. This RFP Document may not be appropriate for all persons, and it is not possible for the Bank Representatives, their employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFP Document. Each Bidder should conduct their own investigations and analysis and should check the accuracy, reliability and completeness of the information in this RFP Document and wherever necessary, obtain independent advice from appropriate sources. The Bank Representatives, their employees and advisors make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of the RFP Document. The Bank Representatives may in their absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this RFP Document. Page 2 of 48

3 Table of Contents S No Contents of the RFP Document Page No. I. General Tender Details 4 II. Introduction 5 III. Bidder s undertaking letter 6 IV. OEM s Undertaking letter 7 V. Eligibility Criteria 8-9 VI. Scope of Work 9-12 VII. Instructions to Bidders VIII. Terms and Conditions IX. Bidder s Information 26 X. Compliance to Elgibility Criteria XI. Technical Requirements XII. Compliance Statement 37 XIII. Commercial Bid 38 XIV. Employees Detail of Bidder 39 XV. Format of Bank Guarantee for submission of EMD XVI. Pre contract Integrity Pact XVII. Proposed Hardware Specification 47 XVIII. Check list contents of documents to be submitted 48 Important Clarifications: 1. Bank means Punjab National Bank 2. Vendor means the respondent to the RFP document. 3. RFP or Tender means the Request for Proposal document. 4. Recipient or Respondent or Bidder means to whom the RFP document is issued by the Bank. 5. Offer means response to RFP document submitted by Recipient to the Bank. 6. ARI means Authorized Representative in India. Page 3 of 48

4 I. GENERAL TENDER DETAIL Tender for Procurement of Mobile Application Development Platform and their resources for Development, Maintenance and Testing of Mobile Applications 1. Date of commencement of 08/10/2015 Bidding Process. 2. Last date & time for receipt 15/10/2015 up to 5 PM of queries from vendors for Clarifications 3. Pre-bid meting 16/10/2015 at 3:00 PM 4. Last date and time for sale 05/11/2015 upto 4:00 PM of Bidding Documents 5. Last date and time for Hash 05/11/2015 upto 4:00 PM submission 6. Last date and time for 06/11/2015 upto 2:00 PM online bid submission 7. Date and Time of Please refer Tender Schedule Technical Bid Opening 8. Place of opening of Bids Punjab National Bank, Information Technology Division, Head Office,5- Sansad Marg, New Delhi Address for communication As above Tel:(011) / ; Fax:(011) Cost of RFP Rs.10000/- (Non refundable) should be submitted online only in favor of Punjab National Bank on or before last date of bid submission in the following account: IFSC Code : PUNB , Bank & Branch : Punjab National Bank, Sansad Marg, New Delhi , Account No ( 16 digits) Imprest account HO IT Division. 11. Earnest Money Deposit (EMD) Rs. 10 Lacs should be submitted in the form of online deposit on or before last date of bid submission or in the form of Bank Guarantee (BG) as per Annexure X, in favor of Punjab National Bank, IT Division New Delhi, valid for six month from the last date of bid submission. IFSC Code: PUNB , Bank & Branch : Punjab National Bank, Sansad Marg, New Delhi , Account No , Imprest account HO IT Division. In case of unsuccessful bidder, EMD will be returned after completion of the bid process and no interest will be payable of EMD amount. 12. Contact to Bidders Interested Bidders are requested to send the to itdhw@pnb.co.in, mkm@pnb.co.in and Hansraj.dwivedi@pnb.co.in in case of any clarification. Note: a) Technical Bids will be opened online and technical supporting document will be opened in physical form but Commercial bid will be opened online only. Bidders may view the details through their terminal using their e-procurement [ registration login. b) Only technical supporting documents should be given in physical form. However, Commercial Bid should be submitted only online in our e-procurement system. Page 4 of 48

5 II. INTRODUCTION OF PNB: Since its humble beginning in 1895 with the distinction of being the first Indian bank to have been started with Indian capital, PNB has achieved significant growth both in branch network and in business. PNB has the 2nd largest network of branches (more than 6800 Service Outlets), with over 100 million satisfied customers geographically located in more than 3500 centres all across India. The bank enjoys strong fundamentals, large franchise value and good brand image. Besides being ranked as one of India's top service brands, PNB has remained fully committed to its guiding principles of sound and prudent banking. Apart from offering banking products, the bank has also entered the credit card & debit card business, insurance business & asset management business, etc. Page 5 of 48

6 Annexure-I III. BIDDERS UNDERTAKING LETTER Assistant General Manager I.T. Procurement Department Punjab National Bank, IT Division, Head Office 5 Sansad Marg, New Delhi Sir, Reg: Our bid for Procurement of Mobile Application Development Platform and their resources for Development, Maintenance and Testing of Mobile Applications: With reference to our bid for Procurement of Mobile Application Development Platform and their resources for Development, Maintenance and Testing of Mobile Applications vide your tender cited above. We submit our Bid Document herewith:- If our Bid for the above job is accepted, we undertake to enter into and execute at our cost, when called upon by the Bank to do so, a contract in the prescribed form. Unless and until a formal contract is prepared and executed, this bid together with your written acceptance thereof shall constitute a binding contract between us. We understand that if our Bid is accepted, we are to be jointly and severally responsible for the due performance of the contract. We understand that the Bank is not bound to accept the lowest or any bid received by the Bank, and the Bank may reject all or any bid; and it may accept or entrust the entire work to one bidder or divide the work to more than one bidder without assigning any reason or giving any explanation whatsoever. The names of successful bidder/s to whom the contract is finally awarded after the completion of second stage (Commercial Bid), shall be displayed on the Notice Board of the purchaser at Punjab National Bank, I.T. Division, HO, 5 Sansad Marg, New Delhi Date: Place: Yours faithfully, Signature of Authorized Signatory Name of Signatory: Designation: Seal of Company Page 6 of 48

7 IV. OEM UNDERTAKING LETTER Annexure-II Assistant General Manager I.T. Procurement Department Punjab National Bank, IT Division, Head Office 5 Sansad Marg, New Delhi Sir, Reg: Bid for Procurement of Mobile Application Development Platform and their resources for Development, Maintenance and Testing of Mobile Applications submitted by our authorised representative in India: We undertake that if authorized representative fails to meet the obligation for items/service supplied and / or to be supplied for Mobile Application Development Platform and their resources for Development, Maintenance and Testing of Mobile Applications, then we OEM would be responsible for all obligations for their items/services. Date: Place: Yours faithfully, Company Secretary Name of Signatory: Seal of Company Page 7 of 48

8 V. ELIGIBILITY CRITERIA: i. The bidder should be a registered company in India under Company Act 1956 and amended company act ii. Bidder should have a minimum annual turnover of Rs. 25 crores and positive net worth during the each three financial years as per latest Audited Balance. This must be individual company turnover and not of group / subsidiary companies. iii. Bidder should not have been black listed at any time by the Government / Government agency / Banks / Financial Institutions in India. Self Certificate/Undertaking is to be provided. iv. Bidder should be CMMI (Capability Maturity Model Integration) level 3 complied. In case the solution provider company is not CMMI 3 compliant then the solution to be provided should be accompanied by a certificate from the CMMI level 5 company confirming after evaluation/audit that the solution provided is in conformity with CMMI 3 standards. v. Bidder should be an ISO (International Organization for Standardization) certified company. vi. The bidder should not be involved in any litigation which threatens solvency of company (Undertaking to be provided). vii. The bidder s Technical Support centre should be located at Delhi/NCR. In case bidder is not having support centre at Delhi/NCR, bidder should give undertaking to open the Technical support centre in Delhi/NCR within 1 month from award of tender. viii. The bidder should offer Perpetual License for development of 5 Mobile applications. ix. Either one of the Indian authorized representatives (IAR) on behalf of the Original Equipment Manufacturer (OEM) of Mobile Application Development PLATFORM or OEM itself can bid but both cannot bid simultaneously for the same item/product in the same tender. If an Indian authorized representative submits bid on behalf of the OEM, the same IAR shall not submit a bid on behalf of another OEM in the same tender for the same item/product. In case of authorized representative, a letter of authorization to this effect from OEM must be furnished. x. The bidder should be in mobile application development business across financial institution/banks in India and abroad except RRB or Cooperative Bank with at least one such implementation in India on CAPEX model running successfully for one year or more in a Bank having more than 1000 branches. xi. Minimum two mobile applications should have been developed on the proposed platform by a third party other than the Bidder / Original Solution Developer(OSD) / Platform provider and deployed in a Bank or Financial Institution. These third party mobile applications should have been designed, scripted/coded and published on the proposed mobile application development platform. Applications which are only interfacing with an application developed on the platform will not be considered as third party mobile applications. Page 8 of 48

9 xii. The bidder should have proven expertise in building high-performance enterprise mobile applications on diverse mobile operating systems (Android, ios, windows, blackberry etc.) using native/hybrid technologies on the proposed Mobile Application Development Platform. xiii. OSD should have developed and implemented mobile application on the proposed Mobile Application Development Platform. The platform should have pre-built modules, functions, templates, interactive user interface for independent application development by bank s in-house / 3rd party developers across all operating systems/mobile platforms. xiv. The bidder should have at least 100 IT professionals having the qualifications in its role as defined in Annexure IX. (Emp.ID, Name, Designation, Qualification of IT professionals and Experience (in years) duly signed by authorized official to be attached). xv. The Bidder should have necessary arrangement / agreement / certification with Google / Apple / Windows/ Blackberry etc. for uploading the application on the respective stores at no extra cost to the Bank. VI. SCOPE OF WORK a) The Bidder would be responsible for: Supply, Installation, commissioning, Performance tuning and onsite support with one year support warranty for mobile application development platform, to develop various mobile applications by the Bank for smart feature and basic phone on all OS versions viz ios, android, windows, Blackberry, Java ME etc. as per specifications given in Annexure VI. The platform should support the following application types: Hybrid Applications/Native Applications/ Mobile Web Applications (HTML5)/ Desktop Browser Applications. Providing onsite support engineer/s for development, maintenance, testing of Bank s mobile applications as per requirement of Bank & development of various mobile applications of Bank. (Refer Annexure III (11)) for qualification). Providing support for enhancements in the mobile banking services wrt latest advancements and troubleshooting during the contract period. b) Mobile application development platform Mobile Development Platform and developed application should be reliable, scalable, robust and readily deployable with minimum customization in compliance to all security features. Conform to ACID (Atomicity, Consistency, Isolation, Durability) properties and non-repudiation. Initially the bidders are required to develop 5 applications and later more applications may be developed using the platform depending on the requirement of Bank. For any additional requirement of PLATFORM for development of mobile application beyond 5 applications, Bank will place order in a lot of two applications for such additional requirement. The cost of each additional PLATFORM licenses will be arrived at by dividing with five Perpetual License cost for development of 5 Mobile applications. Page 9 of 48

10 All mobile applications developed on development platform provided by the bidder should run on all types of handsets/tab/smart phone existing as well as new handsets coming in the market. The bidder shall provide upgrades/patches etc. required for the same without any additional cost. The platform will be independent and device agnostic mobile application to be developed for various Bank s applications. The solution should be designed with redundancy in mind to ensure nil impact by failure of one or more components / servers or software. Vendor will have to provide a detailed process for registration and activation of mobile application. The process needs to be simple, easy to understand & secured for better acceptability by consumers with minimum technical knowledge. The vendor will provide a dashboard for uptime check & related reports. The mobile application developed should have inbuilt facility to generate reports for usage by the customers generating hit report. Wireframe (Design, look and feel) of the application developed/to be developed for the Bank will be approved by the Bank. c) Onsite support engineer/s Bidder will make arrangement to station their resource at our Data Center (5, Sansad Marg Building) from 9:30 AM to 6:30 PM on all Bank s working days for service support of Mobile Application developed/to be developed. Beyond this period necessary support should be available on 24x7x365 basis, if required, engineers are also to be deputed at the site for resolving the problem at no extra cost to the Bank. The alternate resource(s) for similar skill will be made available to the Bank if assigned resource goes on leave. The requirement of resources is dynamic & may change from time to time as per need in projects undertaken. One support engineer shall be provided by the bidder for Mobile Application development/maintenance and their testing for the first year without any additional cost. Support engineer will be supplied purely on contractual basis for specific period as per requirement at the approved rate(refer Annexure-VII) Support engineer/s provided/to be provided should be certified by OEM for mobile application development on the OEM s platform. The support engineer which the vendor will provide should be a permanent employee of the company and should be on Company s payroll. Bank will only deal with the approved vendor. Bank will not make any direct payment to the support engineer(s) provided by the vendor. The support engineer/s selected will be engaged in all activities of development, maintenance and testing of Mobile Applications for the Bank. The contents of the application would be provided by the bank. If any change is needed in the application w.r.t content, Bank will provide the same in form of the document. Accordingly the support team will update the contents in the application. d) Support for enhancements and troubleshooting The vendor will provide support for troubleshooting and enhancements in the services during the contract period. Enhancement would include inclusion of all new browser/handset/devices/mobile platform OS coming in the market within Page 10 of 48

11 1 month of their launch and also new market/industry related functionalities. All required support & services for implementation, smooth operation and maintenance of all the components of the Platform and Mobile Application developed/to be developed will be part of the Project. The vendor will have to include version upgrade and enhancements in services on account of industry dynamics as a part of the Annual Maintenance. Any development work of such type will be carried out by the technical team of vendor at no extra cost. e) Training at various levels, from administrative to end user level, has to be provided by the bidder at no extra cost as per Bank s requirement. f) Hardware, Software & Developed Applications The bidder should provide details of the Hardware & Software platform required for deploying the proposed solution as per Annexure-XII. Hardware and required software for implementation of mobile development Platform to be provided by the Bank as per the specifications provided by the bidder (Annexure XII). The servers, software and developed application should be comfortable with IPv6 and should be ISO 8583 standard compliant. The required hardware and infrastructure would be installed at banks datacenter (DC and DR locations along with auto/manual synchronisation). The solution should be configured with automatic replication to DR site with Recovery point objective (RPO) and Recovery time objective (RTO) as specified by the Bank s policy. The vendor has to ensure flawless switching of all the services under purview of this RFP to Disaster Recovery (DR) site during DR drill as and when decided by Bank or in case of non- availability of primary DC site. g) The bidder has to ensure that all interface / license required to connect to ipad, Android etc. will be procured by the vendor in the name of the Bank. h) The Bidder should have necessary arrangement / agreement / certification with Google / Apple /Windows etc. for uploading the application on the respective stores. Bidder has to register the application with apple, android etc. in the name of Bank and should be renewed. i) Bank reserves the right to extend Mobile banking services to Bank s sponsored Regional Rural Banks (RRB), subsidiaries with same terms and conditions. j) Integration: The bidder has to integrate with Bank s various applications in coordination with our applications vendor. k) Security Aspects: The application should confirm to the security requirements of the RBI, Respective Govt. Agencies and the Bank and provide such regulatory requirements at no additional cost to bank during the warranty and ATS period. The Vendor will have to ensure continual security of the software. Any development activity for incorporating security measures will be a part of the ATS. Page 11 of 48

12 l) At any stage of tender process/implementation stage, if it is found that bidder has entered wrong details/ fake information for getting extra marks or extra benefit in Technical part, then the Bank reserves the right to forfeit/invoke the EMD/Bank Guarantee submitted by the bidder and terminate the contract. VII. INSTRUCTION TO BIDDERS 1. COST OF BIDDING The Bidder shall bear all the costs associated with the preparation and submission of its bid and Punjab National Bank, hereinafter referred to as the Bank, will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 2. BIDDING DOCUMENT The Bidder is expected to examine all instructions, forms, terms and conditions and technical specifications in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidders risk and may result in the rejection of its bid without any further reference to the bidder. Bidder should strictly submit the bid as per RFP failing which bid will be rejected as non-responsive. 3. AUTHENTICATION OF ERASURES/ OVERWRITING ETC. Any inter-lineation, erasures, or overwriting shall be valid only if the person(s) signing the bid initial(s) them. 4. AMENDMENT OF BIDDING DOCUMENTS At any time prior to the last Date and Time for submission of bids, the Bank may, for any reason, modify the Bidding Documents through amendments at the sole discretion of the Bank. All amendments shall be uploaded on the Bank s websites ( and ) and will be binding on all who are interested in bidding. In order to provide prospective Bidders a reasonable time to take the amendment if any, into account in preparing their bid, the Bank may, at its discretion, extend the deadline for submission of bids. 5. CONTACTING THE BANK Any effort by a bidder to influence the Bank in evaluation of the bid, bid comparison or contract award decision may result in the rejection of the Bidders' bid. Purchaser's decision will be final and without prejudice and will be binding on all parties. 6. BANK S RIGHT TO ACCEPT OR REJECT ANY BID OR ALL BIDS The purchaser reserves the right to accept or reject any bid and annul the bidding process or even reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or Page 12 of 48

13 without any obligation to inform the affected bidder or bidders about the grounds for the bank's action. The bank reserves the right to accept or reject any technology proposed by the bidder. The bank reserves the right to select more than one bidder keeping in view its large requirements. 7. MODIFICATION AND WITHDRAWAL Bids once submitted will be treated, as final and no further correspondence will be entertained on this. No bid will allowed to be modified after the submission of bid. No bidder shall be allowed to withdraw the bid, if bidder happens to be successful bidder. 8. REVELATION OF PRICES The prices in any form or by any reasons should not be disclosed in the technical or other parts of the bid except in the commercial bid. Failure to do so will make the bid liable to be rejected. 9. TERMS AND CONDITIONS OF THE BIDDING FIRMS The bidding firms are not allowed to impose their own terms and conditions to the bid and if submitted will not be considered as forming part of their bids. Bidder has to strictly comply with the terms and conditions mentioned in the RFP. 10. LOCAL CONDITIONS The bidder must acquaint himself with the local conditions and factors, which may have any effect on the performance of the contract and / or the cost. 11. CLARIFICATIONS OF BIDS To assist in the examination, evaluation and comparison of bids the bank may, at its discretion, ask the bidder for clarification. The response should be in writing and no change in the price or substance of the bid shall be sought, offered or permitted. 12. BID EARNEST MONEY Bidder has to submit the Bid Earnest Money of 10 Lacs should be submitted in the form of online deposit or Bank Guarantee (BG) favoring PUNJAB NATIONAL BANK, IT DIVISION New Delhi and filling all the details as per Annexure-X. The BG should be submitted at the time of bid submission. In case of unsuccessful bidder, EMD will be returned on completion of tender process and no interest will be payable on EMD amount. The EMD will be returned to the successful bidder upon submission of Performance Bank Guarantee. 13. DEADLINE FOR SUBMISSION OF BIDS Bids must be submitted not later than the specified date and time mentioned in the Bid Document. If specified date of submission of bids being declared a holiday for the Bank, the bids will be received up to the specified time in the next working day. The Bank may, at its discretion, extend this deadline for submission of bids by amending the bid documents, in which case all rights Page 13 of 48

14 and obligations of the Bank and bidders, previously subject to the deadline, will thereafter be subject to the deadline extended. 14. PERIOD OF VALIDITY OF BIDS Bid shall remain valid for 6 months from last date of submission of bid prescribed by Bank. A bid valid for shorter period is liable to be rejected by Bank. The bidders may be required to give consent for the extension of the period of validity of the bid, if so desired by Bank in writing or by fax. Refusal of such consent would not forfeit the Bid Security and granting of request will not allow the bidder to revise/ modify his bid. 15. LATE BIDS Any bid received by the Bank after the deadline for submission of bid will be rejected. 16. BID CURRENCY The Prices in the bid document shall be expressed in Indian Rupees (INR) only. 17. LANGUAGE OF BID The bids prepared by the bidder and all correspondence and document relating to the bids exchanged by the bidder and Bank, shall be written in English. 18. BIDDING PROCESS (TWO STAGES) For the purpose of the present job, a two-stage bidding process will be followed. The response to the present tender will be submitted in two parts: Technical bid Commercial bid (Part-l) (Part-ll) The bidders will have to submit the technical bid in online form through Banks e-procurement system. The supporting documents will have to be submitted in physical form. TECHNICAL BID (Part I) The bidder will have to submit the technical supporting document in sealed envelopes, duly super scribing RFP for Procurement of Mobile Application Development Platform and their resources for Development, Maintenance and Testing of Mobile Applications. Technical supporting document will also contain all the documents (including Annexures) as per RFP document. All the Annexures should be duly signed and sealed. TECHNICAL SUPPORTING DOCUMENTS will NOT contain any pricing or commercial information at all. Technical supporting documents with any commercial information will be rejected. Page 14 of 48

15 In the first stage, only TECHNICAL BIDs will be opened and evaluated. Only those bidders satisfying the technical requirements as determined by the Bank and accepting the terms and conditions of this document shall be short-listed for next stage of evaluation. The bid shall contain no interlineations, erasures or over writing except as necessary to correct errors made by the Bidder, in which case such corrections shall be duly confirmed under signature/initials of the person(s) signing the bid. COMMERCIAL BID (Part II) Under the second stage, the COMMERCIAL BID of only those bidders, whose technical bids are responsive, will be opened. Commercial bids should be submitted in online form only through bank s e-procurement system. 19. SUBMISSION OF BIDS Bidders are required to strictly submit their bids in electronic form using the e- procurement system at of the Bank by using their digital certificates of authorized signatory as per the Board resolution. Digital Certificate should be class II and above (both encryption and signing). All the interested bidders should register themselves in the e procurement system for submitting the bids online, if they have not done earlier. The RFP document and further corrigendum, if any can also be downloaded from bank s website Bids received after closing of the bid in the e-procurement system are summarily rejected without any reason. The commercial bid should be submitted online only. All the technical supporting documents should be submitted manually before the final date & time of bid submission at the following address: The Asst. General Manager Punjab National Bank, IT Procurement Department, I.T. Division, HO: 5 Sansad Marg, New Delhi At the time of physical submission of bid, bidder has to show acknowledgement received after completion of the bid submission in proof of having submitted the bid online. 20. OPENING OF BIDS All the bids will be opened at the date, time and locations mentioned in RFP (as per tender schedule). The technical bids will be opened in the presence of representatives of the bidders who choose to attend. The date and time of bid opening will be intimated to bidders after last date of submission separately. The bidders names, modifications, bid withdrawal and the presence or Page 15 of 48

16 absence of requisite Bid Security and such other details, as Bank at their discretion, may consider appropriate will be announced at the bid opening. 21. PRELIMINARY EXAMINATION The Bank will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required information has been provided as underlined in the bid document, whether the documents have been properly signed, and whether bids are generally in order. The bid determined as not in order as per the specifications will be rejected by the Bank. 22. EVALUATION AND AWARD CRITERIA After opening of the technical bids, all the documents and annexure (except commercial documents/offer) will be evaluated first by the bank. First, received bids will be evaluated based on the eligibility criteria. Technical bids of only those bidders satisfying the eligibility criteria will be evaluated. Only those bidders satisfying the technical requirements and accepting the terms and conditions of this document shall be short-listed for further steps. Bank may also visit and inspect the onsite / development centers and other installation of the bidders. Bank will determine to their satisfaction whether the bidder selected as having submitted the best evaluated responsive bid is qualified to satisfactorily perform the contract. The decision of PNB will be final in this regard. The determination will take into account bidder s financial, technical and support capabilities, based on an examination of documentary evidence submitted by bidders. Only those bidders satisfying the technical requirements and accepting the terms and conditions of this document shall be short-listed for further steps. The bidder having technical score of minimum 70% will be technically qualified for further process of RFP. In case there is only one bidder having technical score of 70% or more, the Bank may at its sole discretion, also consider the next highest technical score and qualify such bidder. The commercial bids for only those bidders will be opened who have qualified on the basis of technical evaluation and reviewed to determine whether the commercial bids are substantially responsive. Commercial bids that are not substantially responsive are liable to be disqualified at Bank s discretion. 23. REVERSE AUCTION Bank may hold Reverse Auction in the event of 2 or more bidders as technically eligible. The procedure for the same is available on our e- procurement website. It will be mandatory for all the bidders to quote rates of all optional components that may be required. Page 16 of 48

17 PRICE VARIATION FACTOR If a bidder quoting higher prices, higher by more than 40% as compared to the average quoted prices (of all technically qualified bidders) for all items in aggregate, the same bidder shall not be called for reverse auction process. Tender will be awarded on the basis of Techno Commercial evaluation i.e. 70% Weightage for Technical bid + 30% Weightage for Commercial bid and the bidder who score HIGHEST MARKS will be called as L1 Bidder. Weightage of technical bid (Max 70%) will be calculated on total marks of technical bid i.e Weightage for commercial bid (Max 30%) will be calculated on rate arrived only after reverse auction process. Example for calculation of weightage of technical and commercial are as under: Other higher financial bids are given financial scores that are inversely proportionate to the lowest price On the basis of the combined weighted score for quality and cost, in the prescribed ratio of quality and cost scores, the consultant shall be ranked in terms of the total score obtained, proposal obtaining the highest total combined score will be ranked as H-1. Weightage of technical bids and financial bids kept as 70: 30. If 3 proposals, A, B, and C were received Marks awarded to technical proposals: 75, 80 and 90 for A, B and C respectively Points obtained by A, B and C on their technical 70% will be: Proposal A: 75 x 70% = points Proposal B: 80 x 70% = points Proposal C: 90 x 70% = points Bidder Final price after reverse auction A Rs.12,000 B Rs.10,000 C Rs.11,000 Points obtained by A,B and C on financial 30% will be: A : 10,000 / 12,000 = 83 x 30% = points B : 10,000 / 10,000 = 100x30% = points C : 10,000 / 11,000 = 91 x30% = points The three proposals in the combined technical cum financial evaluation were ranked as under: Proposal A: =77.40 H3 Proposal B: =86.00 H2 Proposal C: =90.30 H1 (will be the L 1) Page 17 of 48

18 Proposal C at the evaluated cost of Rs.11,000 was, therefore, declared as L1, although the rate quoted by C in his financial proposal is higher than that quoted by B. 24. CONTACTING PNB OR PUTTING OUTSIDE INFLUENCE Bidders are forbidden to contact PNB or its Consultants on any matter relating to this bid from the time of submission of commercial bid to the time the contract is awarded. Any effort on the part of the bidder to influence bid evaluation process, or contract award decision may result in the rejection of the bid. 25. VERIFICATION OF REFERENCE INSTALLATIONS Bank may, if deemed necessary, conduct verification of reference installation to satisfy themselves on the performance of the equipment / services offered with reference to their requirements. 26. CANCELLATION OF BID/ BIDDING PROCESS Bank reserves the right to accept or reject any bid and annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the ground for its action. 27. ASSIGNMENTS The Vendor shall not assign to anyone, in whole or in part, it s obligations to perform under the contract, except with the Bank s prior written consent. 28. NON DISCLOSURE By virtue of Contract, as and when it is entered into between the Bank and the successful bidder, and its implementation thereof, the Successful Bidder may have access to the Confidential Information and data of the Bank and its customers. The Successful Bidder will enter into a Non-Disclosure Agreement to maintain the secrecy of Bank s data as per following: a) That the Successful Bidder will treat the Information as confidential and shall not disclose to any third party. The Successful Bidder will also agree that its employees, agents, sub-contractors shall maintain Confidentiality of the Confidential Information. b) That the Successful Bidder will agree that it shall neither use, nor reproduce for use in any way, any Confidential Information of the Bank without consent of the Bank. That the Successful Bidder will also agree to protect the Confidential Information of the Bank with at least the same standard of care and procedures used by them to protect its own confidential Information of similar importance. Without limitation of the foregoing, the Successful Bidder shall use reasonable efforts to advise the Bank immediately in the event that the Successful Bidder learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of the Contract to be entered into between the Bank and the Successful Bidder, and will Page 18 of 48

19 reasonably cooperate in seeking injunctive relieve against any such person. c) That if the Successful Bidder hires another person to assist it in the performance of its obligations under the Contract, or assigns any portion of its rights or delegates any portion of its responsibilities or obligations under the Contract to another person, it shall cause its assignee or delegate to be bound to retain the confidentiality of the Confidential Information in the same manner as the Vendor is bound to maintain the confidentiality. This Clause will remain valid even after the termination or expiry of this agreement d) That the Successful Bidder will strictly maintain the secrecy of Bank s data. 29. USE OF CONTRACT DOCUMENTS AND INFORMATION The supplier shall not, without the Bank s prior written consent, make use of any document or information provided by Supplier in Bid document or otherwise except for purposes of performing contract. 30. FORCE MAJEURE Notwithstanding the above provisions, the successful bidder shall not be liable for penalty 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 bidder and not involving the bidders fault or negligence and not foreseeable. Such events may include, but are not restricted to, war or revolution and epidemics. If a force majeure situation arises, the bidder shall promptly notify the bank in writing of such condition and the cause thereof. Unless otherwise directed by the bank in writing, the bidder shall continue to perform its obligation under the contract as far as is reasonably practical, and shall seek all reasonable alternative means of performance not prevented by the force majeure event. 31. GOVERNING LAW AND DISPUTES All disputes or differences whatsoever arising between the parties out of or in relation to the construction, meaning and operation or effect of these Tender Documents or breach thereof shall be settled amicably. If however the parties are not able to solve them amicably, the same shall be settled by arbitration in accordance with the applicable Indian Laws, and the award made in pursuance thereof shall be binding on the parties. The Arbitrator/Arbitrators shall give a reasoned award. Any appeal will be subject to the exclusive jurisdiction of the courts at Delhi. During the arbitration proceedings the Vendor shall continue to work under the Contract unless otherwise directed in writing by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the arbitrator or the umpire, as the case may be, is obtained. The venue of the arbitration shall be Delhi. 32. LIMITATION OF LIABILITY: Vendor s aggregate liability under the contract shall be limited to a maximum Page 19 of 48

20 of the contract value. This limit shall not apply to third party claims for a. IP Infringement indemnity b. Bodily injury (including Death) and damage to real property & tangible property caused by vendor/s gross negligence. For purpose for the section, contract value at any given point of time, means the aggregate value of purchase orders placed by bank on vendor that gave rise to claim, under this tender. Vendor shall not be liable for any indirect, consequential, incidental or special damages under agreement/ purchase order. 33. INTELLECTUAL PROPERTY RIGHTS The Bidder warrant that in the course of providing t h e s e r v i c e s, they shall not infringe upon any third party Patent, Copyright, Design, Trademark, or any other Intellectual Property Rights for system software and application software. The Bidder shall indemnify and at all times keep the Bank fully indemnified and hold harmless against any and all loss, damages, costs and expenses including Attorney's fees, which may be incurred as a result of any claim or action associated with such infringement, PROVIDED HOWEVER, the Bank agrees to give prompt notice to the Bidder of any such claim or action,gives complete authority and freedom to the Bidder in defending and/or settling such claim and gives all reasonable assistance to the Bidder in doing so. The remedy available to the Bank under this clause will survive termination of the Purchase Order such that in the event of violation of IPR claim by any third party after the expiry of the contract between PNB and the Bidder, the indemnity clause listed above will be valid & applicable beyond the contract period Page 20 of 48

21 Page 21 of 48 Annexure III VIII. TERMS AND CONDITIONS FOR PROCUREMENT OF MOBILE APPLICATION DEVELOPMENT PLATFORM AND THEIR RESOURCES FOR DEVELOPMENT, MAINTENANCE AND TESTING OF MOBILE APPLICATIONS ARE AS UNDER:- 1. ACCEPTANCE OF ORDER The specified bidder shall give acceptance within 7 days from the date of order. However, Bank has a right to cancel the order, if the same is not accepted within the stipulated period from the date of the order. Delay in acceptance of the order more than 15 days may lead to cancellation of order and the bidder will be black listed by the Bank. PBG is liable for forfeiture in such cases. 2. DELIVERY AND IMPLEMENTATION PERIOD OF MOBILE APPLICATION DEVELOPMENT PLATFORM Six weeks from the date of purchase order of software (Platform) and two weeks from the date of Hardware/Software provided by the Bank whichever is earlier. 3. PAYMENT TERMS Bank will only deal with the approved vendor. Bank will not make any direct payment to the officials provided by the approved vendor. Payment will be made as follows: a. For Software (Mobile Application Development Platform): All below payment terms will be made only after submission of Performance Bank Guarantee as mentioned in RFP by the approved vendor: i. No advance payment would be done against purchase order ii. 60% payment of the software cost will be made on successful implementation of the solution, training and sharing of the details with Bank. iii. 30% payment of the software cost will be made after satisfactory working of solution for three months after successful implementation. iv. 10% payment of the software cost will be made after development & successful live implementation of first mobile application. b. For ATS of Software (Mobile Application Development Platform): i. ATS will be paid on half yearly basis before start of each half year. c. For resource Payment will be made on monthly basis after completion of every month. 4. TAXES The prices/rates are inclusive of all charges, Taxes, Statuary levies etc. except

22 Sales Tax/Service Tax/VAT, which will be paid on actual basis. The Excise/Custom duty will however have to be mentioned separately in the invoice where applicable and the bank may set off the applicable Excise/ Customs duty against the Duty Free Scrip for which bank is eligible under chapter 3 of Foreign Trade Policy. Applicable TDS will be deducted from the payment. 5. DURATION OF CONTRACT Bank will enter into contract initially for a period of 3 years, if not terminate by the Bank before 3 Years, however, the same should be extendable after completion of 3 years for a further period of 2 years or any other period as specified by Bank on mutually agreed terms and costs, if the bank so desires. 6. SIGNING OF CONTRACT The successful bidder(s) shall be required to enter into a Service Level Agreement (SLA) and Non Disclosure Agreement (NDA) with Bank, within 30 days of the award of the tender or within such extended period as may be permitted by the Bank on the basis of the Tender Document, the Tender of the successful bidder, the letter of acceptance and such other terms and conditions as may be determined by the Bank to be necessary for the due performance of the work in accordance with the Bid and the acceptance thereof, with terms and conditions shall be contained in a Memorandum of Understanding to be signed at the time of execution of the document of Contract. 7. PERFORMANCE BANK GUARRANTY (PBG): The successful bidder has to submit the Performance Bank Guarantee of 20% of the contract value (Perpetual license cost for development of 5 Mobile Application Development Platform+ one year warranty Cost+ one year one service support engineer s cost) valid up to 39 months from the award of tender and should be extended on extension of agreement. Bidders will submit the performance bank Guarantee as per the Performa to be provided by the Bank immediately upon placement of purchase order by the Bank, within 21 days of placement of purchase order. The Performance Bank Guarantee will be furnished for due performance of the offered solution. Performance Bank Guarantee may be invoked in case of violation of any of the terms and conditions of this tender and also in case of deficiency / delay in services provided by the successful bidder after giving notice period of 30 days for rectification. 8. PENALTY a. Penalty for Delivery and implementation of Software (Mobile Application Development Platform). i. The software (Mobile Application Development Platform (MADP)) is to be delivered and implemented within stipulated time from the date of order: Penalty at the rate of 1% per week of order amount of MADP, maximum Page 22 of 48

23 10% will be charged for late delivery and implementation. For this purpose the period will commence from the date of order excluding delivery & implemented period. b. Penalty for non-availability of Software (Mobile Application Development Platform). i. Bidder has to guarantee minimum uptime of 99% quarterly basis during warranty & ATS period. For calculation purpose of up time, Bank will consider 24x7x365 except downtime due to Bank s side. During the warranty period, for every fall of 1% up-time, charges will be 1% of the MADP cost of subject to maximum 10% of the price. 9. PERIOD FOR PROVIDING SUPPORT ENGINEER/S AFTER PLACEMENT OF ORDER & PENALTY CLAUSE Bank will place purchase order for providing support engineer as per the requirement for development, maintenance and testing of the Mobile application/s as per the approved rates. Period of providing support engineer: Vendor has to provide support engineer within one week of Purchase Order of resources. Any delay in the project shall attract penalty at the rate of 2% per day of the order cost of resource maximum 20 %. Purchase Order date will be considered for the calculation of delay in providing support excluding Period of providing support engineer. Selected vendor is to attend the issues/errors that cause the transactional service disruption or service disruption to other connected systems due to malfunction/service unavailability of the Mobile Application or unavailability of the expected services by Mobile Application. The Vendor undertakes and guarantees that all the issues/errors will be attended in the production environment within four hours of the Bank intimating /escalating the same through , writing, telephone or fax. The penalties shall be levied for not meeting the stipulated resolution time for correction of issues/errors and will attract penalty as follows:- S. No. Time taken to attend the Issue (in hours) Penalty (%) of No. of resource deployed x Man month cost 1 4 Hrs to 6 Hrs 5 % 2 6 Hrs to 8 Hrs 8% 3 8 Hrs to 10 Hrs 10% Further for every delay of 2 hours beyond 10 hrs the penalty will be increased by 2 % of amount payable to the bidder on monthly basis subject to a maximum of 20% of amount payable to the bidder on monthly basis, for delay upto 24 hours. If the delay is more than 24 hours, may lead to cancellation of order and the vendor may be black listed by the Bank. PBG is liable for Page 23 of 48

24 forfeiture in such cases. Delay in providing the substitute resource(s) Delay in providing the substitute resource(s) when the assigned resource(s) goes on leave, the 10% per day of the order cost of resource will be deducted from next due payment for the number of days the resource(s) remain unavailable. Recovery of Penalty Amount of penalty will be recovered from vendor, on demand from Bank. The vendor undertakes to pay the penalty amount as prescribed by the Bank. Bank reserve the right to invoke the Bank Guarantee for recovering the penalty amount. 10. RESOLUTION AND DISPUTES All disputes or differences whatsoever arising between the parties out of or in relation to the construction, meaning and operation or effect of these Tender Documents or breach thereof shall be settled amicably. If however the parties are not able to solve them amicably, the same shall be settled by arbitration in accordance with the applicable Indian Laws, and the award made in pursuance thereof shall be binding on the parties. The Arbitrator/Arbitrators shall give a reasoned award. Any appeal will be subject to the exclusive jurisdiction of the courts at Delhi. During the arbitration proceedings the Bidder shall continue to work under the Contract unless otherwise directed in writing by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the arbitrator or the umpire, as the case may be, is obtained. The venue of the arbitration shall be Delhi. 11. TECHNICAL SUPPORT ENGINEER S QUALIFICATION/CERTIFICATIONS AND EXPERIENCE AS REQUIRED The support professional/engineer provided by the selected bidder must be B.E/B.Tech/MCA/MCS and having at least three years experience of development and supporting Mobile Applications. Support engineer must be certified by OEM and certificate copy to be submitted. 12. RESPONSIBILITY OF VENDOR For any misconduct done by the support professional/engineer, vendor will be completely liable for the same. 13. COMPLIANCE OF REGULATIONS It will be responsibility of the selected bidder to comply with all the requirements of various Govt. /Statutory regulations relating to employer and employee in respect of personnel s arranged to the Bank. 14. SOURCE CODE Source code of the customized application/software will be exclusive property of Punjab National Bank. Page 24 of 48