For lease line connectivity of

Transcription

1 Punjab National Bank Request for Proposal For lease line connectivity of A) 2*15Mbps connectivity between DC, Delhi and DRS, Mumbai B)2*200Mbps between DC Delhi and BKC Mumbai & C)1*20Mbps between DC Delhi and HO:Rajendra Place, Delhi of Punjab National Bank Information Technology Division IT Procurement Department Head Office, 5 Sansad Marg, New Delhi Tel: (011) Fax: (011)

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 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 in 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 31

3 GENERAL TENDER DETAILS 1. Tender Reference XXX 2. Date of commencement of Tender download 05/02/ Last date and time of acceptance of queries Last date and time for Bid preparation and Hash Submission Close for Technical and Commercial Bid Last date and time for on-line Bid submission 7. Cost of RFP 12/02/2015 till 1700 hrs 26/02/2015 till 1600 hrs 26/02/2015 from 1601 hrs to 1700 hrs From 26/02/2015, 1701 Hrs up to 27/02/2015, 1400 Hrs Rs.5000/- (Non refundable) should be submitted online only in favour 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. 8. Earnest Money Deposit Amount 9. Place of opening of Bids 10. Contact Details Rs.1.00 Lac should be submitted online on or before last date of bid submission or in the form of Bank Guarantee (BG) in favour of Punjab National Bank, IT Division New Delhi. BG should be valid up to 6 month from the date of bid submission. IFSC Code : PUNB Bank &Branch : Punjab National Bank, Sansad Marg, New Delhi Account No ( 16 digits) Imprest account HO IT Division Punjab National Bank, Information Technology Division Head Office, 5, Sansad Marg New Delhi Chief Manager, Punjab National Bank, IT Division, Head Office, 5 Sansad Marg, New Delhi Ph: ; itdnw@pnb.co.in,itdhw@pnb.co.in, parveen@pnb.co.in, mkm@pnb.co.in Note: a) Technical Bids will be opened online as well as 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 only.however, Commercial Bid should be submitted only online in our e-procurement system. Page 3 of 31

4 PUNJAB NATIONAL BANK With over 82 million satisfied customers and around branches/offices geographically located at around 3000 centers 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; bullion business; insurance business; Gold coins & asset management business, etc. 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 (of around 6000 Service Outlets) among Indian banks. Keeping in tune with changing times and to provide its customers more efficient and speedy service, the Bank has taken major initiative in the field of computerization. PNB has sponsored five Regional Rural Banks (RRBs) in order to mobilize financial resources from rural/ semi-urban areas and grant loans and advances mostly to small and marginal farmers, agricultural laborers and rural artisans. The area of operation of RRBs is limited to the area as notified by Government of India covering one or more districts in the State. Page 4 of 31

5 1. ELIGIBILITY CRITERIA The Bidder should possess the requisite experience, resources and capabilities in providing the services necessary to meet the requirements, as described herein. The Bidder should also possess the technical know-how and the financial wherewithal that would be required to complete the scope of work. The Bid must be complete in all respects and should cover the entire scope of work as stipulated in the document. Bidders not meeting the Eligibility Criteria will not be considered for further evaluation. The invitation to Bid is open to all Bidders who qualify the Eligibility Criteria as given below: 1.1 The company participating in the bid should be registered in INDIA as per the companies act or have its registered office within the jurisdiction of INDIA. 1.2 The bidder should be having valid telecom licenses to operate in India. 1.3 The bidder must be engaged in providing and managing the leased (p2p) circuits in India for the last 2 years in 2 banks/fis/psu organizations. 1.4 The turnover of bidding company (not parent company) for the last two financial years ( , ) must not be less than Rs. 25 Crore each year. 1.5 The bidder should have shown positive net worth as per latest audited balance sheet ( ). 1.6 The bidder must submit the reference list of minimum two major clients (to whom services are being/have been provided at least for a minimum of 1 year) availing services of high bandwidth link minimum of 100Mbps point to point leased circuit. Satisfactory performance certificate and Reference list to be submitted as per the Annexure VI. 1.7 The bidder should not be involved in any litigation which threatens solvency of company. 1.8 Bidders, who have not satisfactorily completed any of the earlier contracts with the Bank and/or who have been debarred by the Bank or any other Bank during last five accounting years from participating in future tenders, will not be eligible for this tender. Bidder has to submit an undertaking in this regard. 2. SCOPE OF WORK The solution should be capable of providing the Technical functionalities as described in this RFP document. A brief overview of the requirement is outlined below and it is mandatory for the bidder to submit its response/undertaking of compliance on the following. This section describes the requirement and tentative Scope of Work for the purpose of this bid. Page 5 of 31

6 2.1 Scope of work for requirement of below mentioned lease link: a. 2*15 Mbps point to point lease link between DC, New Delhi & BKC, Mumbai b. 2*200 Mbps point to point lease link between DC, New Delhi & DRS, Mumbai c. 1*20 Mbps point to point lease link between DC, New Delhi & DC, Rajendra Place 2.2 The links to be procured from two different service providers (L1 & L2) as per Bank s requirement 2.1a & 2.1b and from a single provider (L1) as per requirement 2.1c. The same is to be integrated with the existing network of the Bank. Presently, Bank is using own Cisco router (7600/3900/2900). The vendor would arrange for any other equipment (CPE), which is needed by him to terminate its link at the PNB router and the cost for same would be borne by vendor only. 2.3 The Bandwidth Service Provider has to provide last mile connectivity between our offices and their local POP or exchange using their own infrastructure. The bandwidth to be provided by the vendor should meet the network security requirement as defined by Bank from time to time eg: would be able to support IPSec, 3 DES encryption etc. 2.4 The following parameters need to be ensured: i. Availability: 99.5% or above on monthly basis. ii. Throughput: 100% of bandwidth iii. Latency for 2.1a & 2.1b < 30msb) Latency for 2.1c <7 ms under all circumstances and at all the times. In case of higher latency, the link will be considered down. iv. Link overhead: less than5% v. Packet loss: less than 0.05 %. vi. MTTR: Maximum 4 hrs. 2.5 Service Provider should be able to easily upgrade the bandwidth in incremental of 5 Mbps each for the point 2.1a & 2.1c and 40Mbps of incremental for point 2.1b within one week at the last mile. 2.6 To make available links with all statutory and other clearances etc., if required and make the link operational. 2.7 The links will be integrated in close coordination with Bank s implementation team including NI of Bank. 2.8 The service provider should ensure integrity and confidentiality of Bank s data as critical applications will be running over there. 2.9 In order to provide an uptime the service provider shall have to sign a Service Level Agreement and Non-Disclosure agreement with the Bank as per the draft to be provided by the Bank Vendor will manage and maintain the link provided by him on 24*7 in all 365 days basis in such a way that it meets a minimum uptime requirement of 99.5% monthly basis. The vendor has to provide, manage and maintain the link in coordination with Network Integrator (NI) of the Bank. Page 6 of 31

7 2.11 Confirmation of availability of on-line fault detection mechanism of circuits/cpe at the service provider's NOC should be given along with the proposal/solution by the service provider. The evidence to this effect will be submitted on pre-decided priority Service Provider should have a centralized trouble ticketing tool for call logging, monitoring and troubleshooting purpose. Toll free number and the escalation matrix for the same shall also be provided to the Bank. INSTRUCTIONS TO BIDDERS 3. COST OF BIDDING The Bidder shall bear all the costs associated with the preparation and submission of its bid and Bank, will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 4. BIDDING DOCUMENT The Bidder is expected to examine all instructions, forms, terms and conditions 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. 5. 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. 6. 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. 7. 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. 8. 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 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 Page 7 of 31

8 proposed by the bidder. The bank reserves the right to select more than one bidder keeping in view its large requirements. 9. 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. 10. 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. 11. 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. The bidders are advised to clearly specify the deviations, in case terms and conditions of the contract applicable to this invitation of tender are not acceptable to them. 12. 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. 13. 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. 14. BID EARNEST MONEY Bidder has to submit the Bid Earnest Money of Rs.1 lakh in the form of BG/on-line payment for the period of 6 months favoring PUNJAB NATIONAL BANK, IT DIVISION payable at Delhi and filling all the details in the format available for the same in our e-procurement system at website In case of on-line payment, Bidder may submit the on-line receipt as per bid details. 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. 15. 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 and obligations of the Bank and bidders, previously subject to the deadline, will thereafter be subject to the deadline extended. 16. PERIOD OF VALIDITY OF BIDS Bid shall remain valid for 6 Months from last date of submission of bid prescribed by PNB. A bid valid for shorter period is liable to be rejected by PNB. The bidders may be required to giveconsent for the extension of the period of validity of the bid, if so desired by PNB 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. Page 8 of 31

9 17. LATE BIDS Any bid received by the Bank after the deadline for submission of bid will be rejected. 18. 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 bidders names, modifications, bid withdrawal and the presence or absence of requisite Bid Security and such other details, as PNB at their discretion, may consider appropriate will be announced at the bid opening. 19. BID CURRENCY The Prices in the bid document shall be expressed in Indian Rupees (INR) only. 20. LANGUAGE OF BID The bids prepared by the bidder and all correspondence and document relating to the bids exchanged by the bidder and PNB, shall be written in English. 21. BIDDING PROCESS (TWO STAGES) For the purpose of the present job, a two-envelope bidding process will be followed. The response to the present tender will be submitted in two parts: Technical bid Commercial bid The bidders will have to submit the technical bid in banks e-procurement system as well as in hard copy and commercial bids in only online form through bank s e-procurement system. i) TECHNICAL BID TECHNICAL BID will contains technical supportive document as per the Terms & Conditions mentioned in the RFP, and NOT contain any pricing or commercial information at all. Technical bid documents with any commercial information will be rejected. In the first stage, only TECHNICAL BIDs will be opened and evaluated. Only those bidders confirming compliance to all the terms & conditions of RFP document shall be short-listed for commercial stage. ii) COMMERCIAL BID In the second stage, the COMMERCIAL BID of only those bidders, whose technical bids are short listed, will be opened. 22. SUBMISSION OF BIDS Bidders are required to strictly submit their bids in electronic form using the e-procurement system at the Bank by using their digital certificates of 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 Page 9 of 31

10 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 Chief 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. 23. CONTENT OF DOCUMENTS TO BE SUBMITTED Documents required in Technical Bid Envelope (Sealed Cover): i. Bidders undertaking letter: Annex-II ii. Supporting documents as per Eligibility Criteria: Annex-III. iii. Bidder Information: Annex-IV. iv. Technical Requirement-response form as per Annex-V. v. References list as per Annex-VI vi. Acceptance of Compliance Statement Annex-VII. vii. Service support detail as per Annex-VIII. viii. Duly signed RFP document and corrigendum, if any ix. Copy of last two years audited balanced sheet. x. Bid Earnest Money/RFP Money cost. xi. Board resolution (BR)/ BR along with Power of attorney in favour of authorized person signing the Bid documents. xii. Any other document indicating the feature of the product. Note: a. All pages of the bid documents must be signed by authorized person. b. All pages of the bid documents should be numbered in serial order i.e. 1, 2, 3 c. Commercial bid to be submitted in e-procurement process only. No hardcopy of the same be enclosed with the supporting documents. 24. PRELIMINARY EXAMINATION 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. 25. 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. Page 10 of 31

11 PNB 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. 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 PNB s discretion. The award of contract will be based on evaluation of technical and commercial bids. The L1 price for the awarded contract will be decided as per reverse auction. As per requirement of point 2.1a & 2.1b; Bank will form a panel of vendors (1 or 2) who chooses to match the price of L1 depending upon the vendor s presence and Bank s requirement. L2 bidder has to match the price of L1 bidder in order to be selected for empanelment on acceptance of L1 rates. If L2 bidder doesn t match the rates of L1 then the offer shall be passed on to L3 bidder and so on, on acceptance of L1 rates. In this regard, Bank s decision will be final. 26. REVERSE AUCTION Bank may hold Reverse Auction in the event of 2 or more bidders are 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. a) 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. 27. 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. 28. VERIFICATION OF REFERENCE INSTALLATIONS PNB 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. 29. CANCELLATION OF BID/ BIDDING PROCESS PNB 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. 30. ASSIGNMENTS The Service Provider shall assign its obligations to perform under the contract to a third party, in whole or in part, only after informing the bank about the same. However, the bidder shall be responsible to the Bank for all acts undertaken by a party to whom the bidder has assigned any work prescribed under the scope of work of this RFP. Page 11 of 31

12 31. SERVICE TERM Successful Bidder will provide the Bank with support personnel under the terms of the Agreement. The term of this Agreement will be valid for a period of three (3) years from the date of commencement of the services. 32. INFORMATION SECURITY Successful Bidder upon selection will provide an undertaking to comply with the provisions of the Information Security Policy of the Bank. 33. 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 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. 34. 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: That the Successful Bidder will treat the Confidential 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. 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 reasonably cooperate in seeking injunctive relieve against any such person. 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. That the Successful Bidder will strictly maintain the secrecy of Bank s data. Page 12 of 31

13 Annexure I TERMS AND CONDITIONS 1. ACCEPTANCE OF ORDER The 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. 2. EXECUTION OF ORDER Bidder has to execute its order within 1 month from date of work order. For this, Date of Acceptance Test of the link with confirmation of required bandwidth on commissioned link will be treated as execution date. This date will be taken as commissioning date for all payment related matter. The link shall be upgraded, if required by the bank, within one week of the date of order for upgradation. 3. PAYMENT: Payment terms for the first year are mentioned as under: 25% of the order value after 3 months on successful commissioning of link 25% of the order value after 6 months 25% of the order value after 9 months 25% of the order value after 12 months Payment terms for 2nd year are as under: 25% of the order value after each quarter 4. TAXES: The Unit Cost will be exclusive of all taxes.any downward revision of the prices of any of the services, during the period of contract shall be passed on to Bank on pro-rata basis. 5. SIGNING OF CONTRACT The successful bidder(s) shall be required to enter into a Service Level Agreement (SLA) and Non-Disclosure Agreement (NDA) with PNB, 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 Form of Contract. 6. PERFORMANCE BANK GUARANTEE: The successful bidder has to submit the Performance Bank Guarantee, detailed as under: Performance Bank Guarantee will be of 20% of order value per annum and shall be submitted by successful bidder for the due performance of the contract, valid for 39 months from the date of award of contract. It will be submitted centrally at HO-ITD level. In case vendor fails to Page 13 of 31

14 perform the contract, Bank shall invoke the Bank Performance Guarantee or encash the EMD to recover penalty/damages to recover penalty/damages. 7. PENALTY: For delayed implementation: 1% per week of total order value for late project implementation subject to maximum of 10% beyond which the Bank reserves the right to terminate the order and forfeit any or all bank guarantees submitted to the Bank. Penalty on account of downtime: Vendor will be liable to be penalized in case of downtime at following terms if the uptime is below 99.5% per day: More than 0.1 % to 0.2% downtime monthly:2 % of the ordervalue for a quarter. More than 0.2 % to 0.3% downtime monthly:5 % of the ordervalue for a quarter. More than 0.3 % to 0.5% downtime monthly: 10 % of the order value for a quarter and beyond 0.5% of downtime, there would be penalty of 25% of order value for a quarter. If the uptime is recorded below 99.0% frequently then Bank reserves the right to cancel the contract. Service Level Agreement : Bidder has to enter into service level agreement with bank. SLA will include the terms and conditions mentioned in this bid along with the uptime and resolution commitments by the bidder. 8. 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. 9. 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 courts at Union Territory of Delhi. The bidder shall continue work under the Contract during the arbitration proceedings 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, obtained. The venue of the arbitration shall be Union Territory of Delhi. Page 14 of 31

15 10. PATENTS RIGHTS The supplier shall indemnify the bank against all third party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods, or any part thereof in India. 1. The supplier shall, at their own expense, defend and indemnify the Bank against all third party claims or infringement of intellectual Property Rights, including Patent, trademark, copyright, trade secret or industrial design rights arising from use of the products or any part thereof in India or abroad. 2. The supplier shall expeditiously extinguish any such claims and shall have full rights to defend it there from. If the Bank is required to pay compensation to a third party resulting from such infringement, the supplier shall be fully responsible for, including all expenses and court and legal fees. 3. The Bank will give notice to the Supplier of any such claim, provide reasonable assistance to the Supplier in disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim. 11. USE OF CONTRACT DOCUMENTS AND INFORMATION The bidder shall not, without the banks prior written consent, make use of any document or information provided by Supplier in Bid document or otherwise except for purposes of performing contract. 12. INSURANCE The equipment/services supplied under the contract shall be fully insured till installation by the bidder against loss or damage incidental to manufacture or acquisition, transportation, storage, delivery and installation. Bank will not be responsible for any loss to bidder on account of non-insurance to any equipment or services provided by vender. 13. DELAYS IN THE SUPPLIER S PERFORMANCE Delivery of the goods and performance of the Services shall be made by the supplier in accordance with the time schedule specified by Bank. Any delay in performing the obligation by the supplier will result in imposition of liquidated damages and/or termination of rate contract for default. 14. CONFIDENTIALITY The vendor shall not, without the written consent of the Bank, disclose the contract or any provision thereof, any specification, or information furnished by or on behalf of the Bank in connection therewith, to any person(s). The vendor shall not, without the prior written consent of the Bank, make use of any document or information except for purposes of performing this agreement. 15. LIQUIDITY DAMAGES The Bank will consider the inability of the SP to deliver or install the equipment within the specified time limit, as a breach of contract and would entail the payment of Liquidation Damages on the part of the SP. The liquidation damages represent an estimate of the loss or damage that the Bank may have suffered due to delay in performance of the obligations (relating to delivery, installation, Operationalization, implementation, warranty, maintenance etc.) by the SP. Installation will be treated as incomplete in one/all of the following situations: Non-delivery of any component or other services mentioned in the order Page 15 of 31

16 Non-delivery of supporting documentation Delivery/Availability, but no installation of the components and/or software System operational, but unsatisfactory to the Bank If the SP fails to deliver any or all of the Goods or perform the Services within the time period(s) specified in the Contract, the Bank shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to 0.5% of the complete contract amount until actual delivery or performance, per week or part thereof; and the maximum deduction is 10% of the contract price. Once the maximum is reached, the Bank may consider termination of the contract. 16.INDEMNITY The bidder assumes responsibility for and shall indemnify and keep the Bank harmless from all liabilities, claims, costs, expenses, taxes and assessments including penalties, punitive damages, attorney's fees and court costs which are or may be required to be paid by reasons of any breach of the bidder's obligation under these general conditions or for which the bidder has assumed responsibilities under the purchase contract including those imposed under any contract, local or national law or laws, or in respect to all salaries, wages or other compensation to all persons employed by the bidder or bidders in connection with the performance of any system covered by the purchase contract. The bidder shall execute, deliver such other further instruments to comply with all the requirements of such laws and regulations as may be necessary there under to conform and effectuate the purchase contract and to protect the Bank during the tenure of purchase order. Where any patent, trade mark, registered design, copyrights and/ or intellectual property rights vest in a third party, the bidder shall be liable for settling with such third party and paying any license fee, royalty and/ or compensation thereon. In the event of any third party raising claim or bringing action against the Bank including but not limited to action for injunction in connection with any rights affecting the machine supplied by the bidder covered under the purchase contract or the use thereof, the bidder agrees and undertakes to defend and / or to assist the Bank in defending at the bidder's cost against such third party's claim and / or actions and against any law suits of any kind initiated against the Bank. 17. FORCE MAJEURE Any failure or delay by vendor or Bank in performance of its obligations, to the extent due to any failure or delay caused by fire, flood, earthquake or similar elements of nature, or acts of God, war, terrorism, riots, civil disorders, rebellions or revolutions, acts of governmental authorities or other events beyond the reasonable control of non-performing Party, is not a default or a ground for termination. The affected Party shall notify the other party within reasonable time period of the occurrence of a Force Majeure Event. 18. INTELLECTUALPROPERTYRIGHTS The Bidder warrant that in the course of providing the services, 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 and applicable beyond the contract period. Page 16 of 31

17 19. DURATION OF CONTRACT The initial contract period for the services shall be three (3) years from the date of commission of link unless terminated by the Bank before due date.bank at its own discretion may extend the contract for a further period of 1 year or any other period subject to satisfactory performance of vendor and mutual agreement on the terms and conditions. 20. TERMINATION OF CONTRACT The quality of services including uptime given by the vendor will be reviewed every 6 months and if the services are not found satisfactory, the bank reserves the right to terminate the contract by giving 30 days notice to the vendor. The decision of the bank regarding quality of services shall be final and binding on the vendor. If the vendor fails to execute the work or any part thereof in accordance with the contract. If abandonment of the work or any part thereof by the vendor. If the progress made by the vendor is found to be unsatisfactory. Failure to deposit the performance bank guarantee asked for under the contract. If the vendor fails to deliver any or all of the services at the nominated site within the time-period(s) specified in the contract In the event of commencement of liquidation or winding-up (whether voluntary or compulsory) of the vendor or appointment of a receiver or manager of any of the vendor's assets and/or insolvency of the vendor. Distress, execution, or other legal process being levied on or upon any of the vendor's goods and / or assets. If the vendor shall assign or attempt to assign his interest or any part thereof in the contract. Date: Place: Signature of Authorised Signatory Name of Signatory: Designation: Seal of Company Page 17 of 31

18 ANNEXURE II To, Chief Manager IT Procurement Department Information Technology Division Punjab National Bank Head Office, 5 Sansad Marg New Delhi Sir Reg: Our bid for Supply, Installation, commissioning and maintenance of point to point leased circuits for the followings: a) 2*15Mbps between DC, Delhi and HO:BKC Mumbai b) 2*200Mbps between DC, Delhi and DRS,Mumbai c) 1*20Mbps between DC delhi and HO:Rajendra Place, Delhifor Punjab National Bank. 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. We understand that the names of short listed bidders after the completion of first stage (Technical Bid) and the name of the successful bidder to whom the contract is finally awarded after the completion of the second stage (Commercial Bid), shall be communicated to the bidders either over phone/ /letter/notice board. Dated at day of Yours faithfully, For Signature Name Address Page 18 of 31

19 ELIGIBILITY CRITERIA ANNEXURE -III Sl. No. Eligibility Criteria 1. The company participating in the bid should be registered in INDIA as per the companies act or have its registered office within the jurisdiction of INDIA. Supporting Documents to be submitted Certificate of Incorporation Compliance ( Y/N) Detail proof Attached of 2. The bidder should be having valid telecom licenses to operate in India. Copy of license 3. The bidder must be engaged in providing and managing the leased (p2p) circuits in India for the last 2 years in 2 banks/fis/psu organizations. Satisfactory performance certificates from the client. 4. The turnover of bidding company (not parent company) for the last two financial years ( , ) must be not less than Rs. 25 Crore each year. Balance Sheet & Profit and loss Statement 5. The bidder should have shown positive net worth as per latest audited balance sheet ( ). Balance Sheet & Profit and loss Statement 6. The bidder must submit the reference list of minimum two major clients (to whom services are being/have been provided at least for a minimum of 1 year) availing services of high bandwidth link minimum of 100Mbps point to point leased circuit. Satisfactory performance certificate and Reference list to be submitted as per the Annexure VI 7. The bidder should not be involved in any litigation which threatens solvency of company Satisfactory performance certificate and Reference list to be submitted as per the Annexure VI. An undertaking to this effect should be furnished. 8. Bidders, who have not satisfactorily An undertaking to Page 19 of 31

20 completed any of the earlier contracts with the Bank and/or who have been debarred by the Bank or any other Bank during last five accounting years from participating in future tenders, will not be eligible for this tender. Bidder has to submit an undertaking in this regard. this effect should be furnished. Supporting Document for Eligibility Criteria for the bidder: 1. All the interested bidders are requested to submit supporting document in physical form before bid submission time. 2. Please enclose documentary proof for all the above criteria. In absence of these, the bids will not be considered for further evaluation. No further correspondence will be entertained in this case. Further, those bidders who have not satisfactorily completed 3. Any earlier contract with the Bank shall not be eligible for participating in this tender. Signature of Authorised Signatory Name of Signatory: Designation: Seal of Company Page 20 of 31

21 ANNEXURE - IV BIDDER S INFORMATION S. Information No. 1. Company Name Particulars / Response 2. Constitution 3. Date of Incorporation 4. Company Head Office Address 5. Registered office address 6. TIN/TAN No. 7. Bank Account Detail: Account Number, Account Name, IFSC, Bank Name 8. Name, Designation, Tel. No, of the authorized signatory submitting the RFP (Please enclose the copy of board resolution) 10. Contact persons address, telephone number, mobile number, Fax Number, E- Mail ID. (give at least 2 contact persons details) 11. Whether company has been blacklisted for service deficiency in last 3 years. If yes, details thereof. 12. Please mention turnover for last wo financial years and include the copies of Balance Sheet in support of it. Year Turnover Rs.(in Cr) Profit/Loss Rs. (in lacs) Signature of Authorised Signatory Name of Signatory: Designation: Seal of Company Page 21 of 31

22 Annexure V Technical Requirement Response Form In the technical Bid, the bidder has to give detailed response to the Technical Requirement specified as under: (Please specify the technical details of the solution so as to comply the requirement) S no. Technical Requirement Bidder s Response (Yes/No) I. To I provide lease link connectivity for the followings: a) 2*15 Mbps point to point lease link between DC, New Delhi & BKC, Mumbai OR b) 2*200 Mbps point to point lease link between DC, New Delhi & DRS, Mumbai OR c) 1*20 Mbps point to point lease link between DC, New Delhi & DC, Rajendra Place II. III. Service I Provider should be able to terminate the links on Bank s Cisco I Router (3945/2951/1941). The vendor would arrange for any other equipment (CPE), which is needed by him to terminate its link at the PNB router. The cost for the same would be borne by Bidder only. The I Bandwidth Service Provider has to provide last mile connectivity I between our offices and their local POP or exchange I using their own infrastructure. The bandwidth to be provided by the vendor should meet the network security requirement as defined by Bank from time to time eg: would be able to support IPSec, 3 DES encryption etc. IV. V Service Level requirement for the services offered at all the locations: Availability: 99.5% or above on monthly basis. Throughput: 100% of bandwidth Latency for 2.1a & 2.1b < 30msb) Latency for 2.1c <7 ms under all circumstances and at all the times. In case of higher latency, the link will be considered down. Link overhead: less than5% Packet loss: less than 0.05 %. MTTR : Maximum 4 hrs. V. VService Provider should be able to easily upgrade the i bandwidth in incremental of 5 Mbps each for the point 2.1a & 2.1c and 40Mbps of incremental for point 2.1b within one week. VI. To V make available links with all statutory and other clearances i etc., if required and make the link operational. i Page 22 of 31

23 VII. VIII. IX. The V links will be integrated in close coordination with Bank s implementation I team including NI of Bank. I I I The service provider should ensure integrity and X confidentiality of Bank s data as critical applications will be running over there. In X order to provide an uptime the service provider shall have to sign a Service Level Agreement and Non- Disclosure agreement with the Bank as per the draft to be provided by the Bank. X. Vendor X will manage and maintain the link provided by him on I 24*7 in all 365 days basis in such a way that it meets a minimum uptime requirement of 99.5% monthly basis. The vendor has to provide, manage and maintain the link in coordination with Network Integrator (NI) of the Bank. XI. XII. Confirmation X of availability of on-line fault detection mechanism I of circuits/cpe at the service provider's NOC should I be given along with the proposal/solution by the service provider. The evidence to this effect will be submitted on pre-decided priority. Service X Provider should have a centralized trouble ticketing I tool for call logging, monitoring and troubleshooting I purpose. Following is to be shared as : I a) Toll Free Number b) the escalation matrix Signature of Authorised Signatory Name of Signatory: Designation: Seal of Company Page 23 of 31