RFP For Firewall
RFP For Firewall
RFP For Firewall
Disclaimer
The information contained in this Request for Proposal (RFP) is provided to the
Bidder(s) on the terms and conditions set out in this RFP document. The RFP
document contains statements derived from information that is believed to be true
and reliable at the date obtained but does not purport to provide all of the
information that may be necessary or desirable to enable an intending contracting
party to determine whether or not to enter into a contract or arrangement with
Bank in relation to the provision of services.
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All bidders must note that this being E-tender, bids received only through online on E-
tendering portal https://ubi.abcprocure.comshall be considered as an offer. Any bid
submitted in physical form will not be received or opened and shall be summarily
rejected.
Procedure for submission of E-tender by bidder:
Interested bidders who wish to participate should visit website
https://ubi.abcprocure.com which is the ONLY website for bidding their offer. Further,
the procedure is as follows:
1. Register your company in website https://ubi.abcprocure.com for obtaining a
Login ID and Password.
2. Using the login ID, password and digital signature, login in to the tender portal
to download the tender document. It is mandatory for the Bidders to have a valid
Digital Signature Certificate – Signing and Encryption (Class – II or Class – III)
issued by any of the valid Certifying Authority approved by Govt. of India as per
IT Act, 2000. DSC on Organization name is required, if bidder want to participate
on behalf of his/her Company.
3. Pay Earnest Money Deposit (i.e EMD) through Demand Draft (i.e DD)/Bank
Guarantee (BG) and upload the scan copy in the website.
4. Upload supporting documents by clicking “Mapped Documents”. Then submit the
tender. Take a print screen of “Bid successfully submitted” message for
reference.
5. Primary Contact Numbers:- +91-9081000427, 9904406300, email id:
support@procuretiger.com
6. Alternate Contact No.:- Mr. Nandan Valera :- 079-68136809/6815/6824,
M:9081000427, nandan.v@eptl.in.
7. System requirement for online bid submission:
a. Computer / Laptop (Notebook) with internet connection of minimum 256
kbps speed.
b. Operating system - Windows XP Service pack -3 / VISTA/ Windows 7 or above.
8. Bidder must submit the offer before online closing date & time. The website will
automatically stop accepting the offer after online closing date and time.
NOTE: Submission of any bid document through offline mode will not be accepted except
Bid Security (EMD) and Pre-Contract Integrity Pact (on plain paper) signed by authorized
signatory and should be submitted on or before last date or at the time of bid submission.
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Abbreviations
The long form of some abbreviations commonly used in the document is given below:
SN Abbreviations Description
1 Information This is Bank’s hardware (servers, workstations, printers,
System scanners, etc.), software, network infrastructure and the
data stored/ associated with them.
2 Bank/ Purchaser/ Reference to the “the Bank”, “Bank” and “Purchaser”
Union Bank Shall be determined in context and may mean without
limitation “Union Bank of India, i.e. amalgamated entity
consisting of Union Bank of India, erstwhile Corporation
Bank (eCB) and erstwhile Andhra Bank (eAB) combined
and it’s Foreign Offices, Foreign Subsidiaries and Domestic
Subsidiaries”.
2 BFSI Banking, Financial Services and Insurance
4 BG Bank Guarantee
5 Bidder/ Service An eligible entity/ firm submitting a Proposal/ Bid in
Provider/ System response to this RFP.
Integrator
6 DC Data Center
7 DIT Department of Information Technology, UBI
8 DR Disaster Recovery
9 IP Internet Protocol
10 MAF Manufacturer Authorization Form
11 MSME Micro, Small & Medium Enterprises
12 NDA Non-Disclosure Agreement
13 NSIC National Small Industries Corporation
14 OEM Original Equipment Manufacturer or OEM is the
organization which have developed/ created the product/
software and hence is entitled to distribute the same.
15 PBG Performance Bank Guarantee
16 PO Purchase Order
17 Project Cost Project cost would be Licensing Cost/ Initial cost/
Onetime cost/ Fees/ Development Cost/ Installation cost/
Implementation and Commissioning cost/ Integration cost
with Existing systems/ Training cost/ Technical
assistance.
18 Proposal/ Bid The Bidder’s written reply or submission in response to
this RFP.
19 PSB Public Sector Bank
20 PSU Public Sector Undertaking
21 RFP The request for proposal (this document) in its entirety,
inclusive of any addenda that may be issued by the Bank.
22 SLA Service Level Agreement
23 Solution/ “Solution” or “Services” or “Work” or “System” or “IT
Services/ Work/ System” means all services, scope of work and
System deliverables to be provided by a Bidder as described in
the RFP and include services ancillary to the development
of the solution, such as installation, commissioning,
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SN Abbreviations Description
integration with existing systems, provision of technical
assistance, training, certifications, auditing and other
obligation of the Supplier covered under the RFP.
24 Supplier/ Selected Bidder/ Service Provider/ System Integrator
Contractor/ under this RFP.
Vendor
25 TCO Total Cost of Ownership
26 The Bank Amalgamated entity i.e. consolidated entity consisting of
Union Bank of India, erstwhile Andhra Bank (e-AB) and
erstwhile Corporation Bank (e-CB) combined.
27 TO Technical Offer
28 UBI or Union Bank Union Bank of India (Pre-amalgamated Union Bank of
India)
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Note: Bids once submitted will be treated as final and no further correspondence
will be entertained on this. No bid will be modified after submission of bids. No
bidder shall be allowed to withdraw the bid.
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Table of Contents
1. Introduction ......................................................................................................................... 10
2. Adoption of Integrity Pact (IP) ......................................................................................... 10
3. Objectives of the RFP ........................................................................................................ 10
4. Definitions ............................................................................................................................ 10
5 Project Overview ................................................................................................................ 11
6. Invitation of Tender Bids................................................................................................... 11
7. Eligibility Criteria ............................................................................................................... 12
8. Broad Scope of Work .......................................................................................................... 12
9. Detailed Scope .................................................................................................................... 14
10. Training ................................................................................................................................ 14
11. Firewall solution Capabilities ........................................................................................... 14
12. Implementation Instructions and Extended Scope ....................................................... 20
14. Locations to be Covered.................................................................................................... 23
15. Project Validity ................................................................................................................... 23
16. Right to Alter Quantities and Price freezing ................................................................. 23
17. Cost of Bidding .................................................................................................................... 24
18. Language of Bid .................................................................................................................. 24
19. Instructions for Bid Submission ........................................................................................ 24
20. Performance Bank Guarantee ........................................................................................... 25
27. Online Prebid Meeting and RFP Clarifications ................................................................ 30
30. Technical Bid Evaluation .................................................................................................... 33
33. Restriction on Procurement due to National Security ................................................. 35
36. Award of contract ................................................................................................................ 38
37. Price Composition ................................................................................................................ 38
38. Taxes and Duties .................................................................................................................. 39
39. Rejection of Bid ................................................................................................................... 40
40. Modification and Withdrawals of Bid ............................................................................... 40
41. RFP Response ........................................................................................................................ 40
42. Patent Rights ........................................................................................................................ 41
43. Payment Terms .................................................................................................................... 41
44. Order Cancellation............................................................................................................... 42
45. Adherence to Cyber Security Systems ............................................................................. 43
46. Annual Technical Support / Annual Maintenance Contract ......................................... 44
47. Warranty................................................................................................................................ 45
48. OEM Authorization ............................................................................................................... 45
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Union Bank of India, a Public Sector Bank has its Head Office at 239, Vidhan Bhavan
Marg, Union Bank Bhavan, Nariman Point, Mumbai – 400021, having Department of
Information Technology at 1/1A, Adi Shankaracharya Marg, opp. Powai Lake,
Powai, Andheri East, Mumbai-400072.The Bank has 9400+ branches, 18 Field
General Manager Offices and 125 Regional Offices spread across the country.
The following Independent External Monitors (IEMs) have been appointed by the
Bank, who will review independently and objectively, whether and to what extent
parties have complied with their obligation under the pact.
Union Bank of India (hereinafter called as “UBI” or “Bank”) invites proposals from
experienced and eligible entities (hereinafter referred to as “Respondent” or
“Bidder” or “Vendor”) for Supply, configuration, implementation, integrations
and Maintenance of 8 numbers of Next Generation Firewall at DC and DR locations
with 3 years onsite warranty and 2 years AMC for a contract period of 5 years.
4. Definitions
4.1. ‘Bank’ means unless excluded by and repugnant context or the meaning
thereof, shall mean ‘Union Bank of India’, described in more detail in
paragraph 1 above and which has invited bids under this Request for Proposal
and shall be deemed to include it successors and permitted assigns.
4.2. ‘RFP’ means this Request for Proposal prepared by Union Bank of India for
Selection of System Integrator for Supply, configuration, implementation,
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4.3. ‘Bidder’ means a vendor submitting the proposal in response to this RFP.
4.4. ‘Contract’ means the agreement signed by successful bidder and the Bank at
the conclusion of bidding process, wherever required.
5 Project Overview
5.2. Bank invites bids from System Integrators (SIs)/ OEMs for deliver, design and
implement 4 set of Next generation firewalls. Bidder would be responsible for
implementing firewalls at both DC Mumbai and DR site Bengaluru locations.
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
without modifications by the Bank shall be binding between the Bank and such
Bidder.
The RFP Document can be downloaded from Bank’s Website
www.unionbankofindia.co.in or from Government portal eprocure.gov.in or e-
Procurement Portal ubi.abcprocure.com. The response should be uploaded
online at the e-procurement Portal https://ubi.abcprocure.com.
7. Eligibility Criteria
7.1. Eligibility criteria for the Bidder to qualify this stage is clearly mentioned in
Annexure C. The technical bids of only those bidders who qualify in the
eligibility criteria will be evaluated. Document/s in support of eligibility
criteria are required to be submitted along with the Technical Bid. Offers
received from the bidders who do not fulfill any of the following eligibility
criteria are liable to be rejected. Document/s in support of eligibility criteria
are required to be submitted along with the Technical Bid.
Note: Vendor must comply with the above-mentioned criteria. Non-
compliance to any of the criteria can entail rejection of the offer.
Photocopies of relevant documents/certificates should be submitted as
proof in support of the claims made for each of the above-mentioned
criteria. The Bank reserves the right to verify/evaluate the claims made by
the vendor independently. Any misrepresentation will entail rejection of
the offer.
7.2 The participating bidders are required to submit unambiguous documentary
evidences, in support of their meeting the above eligibility criteria. The bidder
must comply with all above mentioned criteria. Non-compliance of any criteria
will entail rejection of the bid summarily.
7.3 Bank reserves the right to verify/evaluate the claims made by the bidder
independently. Any decision of the Bank in this regard shall be final,
conclusive and binding upon the bidder. The Bank may accept or reject an
offer without assigning any reason what so ever.
All documentary evidence/certificates confirming compliance criteria should
be part of eligibility criteria.
8. Broad Scope of Work
The Scope of work for firewall solution including design, supply, configuration,
implementation, integrations, documentation, training, warranty support, post
warranty maintenance support and any other activities if contracted related to or
connected to proposed firewalls at DC and DR locations.
The successful bidder will take total responsibility for providing and seamless
commissioning the Firewalls into Banks network, as per the given configuration of
existing devices.
a. Supply of appliance based Next Generation Firewalls with provision of
version upgrades/patches.
b. Design, validate, installation, implementation as per Bank’s security
architecture design & pattern of traffic; this will include device rules /
device policy definition and enforcement on the appliances proposed in this
RFP.
c. Installation of the proposed appliance will include migration of policies and
configuration from existing Checkpoint, FortiGate and Cisco ASA, firewalls
etc.
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9. Detailed Scope
9.1 Bidder shall propose firewalls that should be capable of retrieving the archived
logs for analysis, correlation, reporting and forensic purposes. Appliance shall be
capable of retaining the logs locally for minimum period of 3 months.
9.2 Bidder must ensure that once the logs are written to the disk/ database no one
including SIEM or database / system administrator should be able to modify or
delete the stored raw logs.
9.3 Assist Bank’s SI if needed during cyber security drills / audits as and when
conducted.
9.4 Bidder should develop a Standard Operating Procedure (SOP) for alert
management, incident management, forensics, report management, log storage
and archiving, Business Continuity. SOP should also cover log monitoring tool
management including configuration, backup, and recovery.
9.5 Bidder should provide knowledge transfer and training on the technology,
functionality, and operations of the proposed firewall solution to current service
integrator and Bank officials.
9.6 Any Team Lead change during implementation of the project should be carried
out only after mutual consent and must comply with the RFP Eligibility criteria.
9.7 Solution should be capable of integration with SIEM, MFA and Capacity
monitoring tools
10. Training
10.2. The Bidder shall train the Bank‘s personnel/ C-SOC yearly once during contract
period for independent operation, creation of policies/rules, generation of
reports, and analysis of the reports, Troubleshooting and familiarization of
features and functionalities etc.
The current requirement of the Bank is given in the following table 1(a).
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The Technical Requirements given in this section of the RFP in Table1 (b) are
minimum acceptable configurations. However, the bidder has the option of quoting
optional features available in the product.
The bidder should quote for only one product/solution. If a bidder for any one of
the stated technical requirements quotes multiple products/solutions, the Bank may
disqualify the entire response to the RFP of the bidder.
13. It should support BGP, OSPF, Multicast Tunnels, Multicast protocols like DVMRP,
PIM etc.
Firewall Filtering Requirements
1. It should support the filtering of TCP/IP based applications with standard
TCP/UDP ports or deployed with customs ports
2. The Firewall must provide state engine support for all common protocols of the
TCP/IP stack
3. The Firewall must provide filtering capability that includes parameters like
source addresses, destination addresses, source and destination port numbers,
protocol type
4. The Firewall should be able to filter traffic even if the packets are fragmented
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10. IPS events/protection exclusion rules can be created and view packet data
directly from log entries with RAW Packets and if required can be sent to
Wireshark for the analysis.
11. Application Intelligence should have controls for Instant Messenger, Peer-to-
Peer, Malware Traffic etc.
12. Instant Messenger should have options to Block File Transfer, Block Audio, Block
Video, Application Sharing and Remote Assistance .
13. IPS should have an option to create your own signatures with an open signature
language.
14. IPS should provide detailed information on each protection, including:
Vulnerability and threat descriptions, Threat severity, Performance impact,
Release date, Industry Reference, Confidence level etc
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1. Solution should be able to identify malwares coming from incoming files and
malwares downloaded from Internet
2. Solution should be able to Discover bot outbreaks, infected machine, prevent
Bot damage.
3. Solution should have an Multi tier bot discovery i.e. Detect Command and
Control IP/URL and DNS.
4. Solution should be able to detect Unique communication patterns used by BOTs
i.e. Information about Botnet family.
5. Solution should be able to block traffic between infected Host and Remote
Operator and not to legitimate destination.
6. Solution should be able to provide with Forensic tools which give details like
Infected Users/Device, Malware type, Malware action etc.
7. Anti-virus scanning should support proactive and stream mode.
8. Solution should be able to create a protection scope for the inspection.
9. Solution should give information related to Performance impact and confidence
level of protections while creating profiles.
10. Solution should have an option of configuring Exception.
11. Solution should be able to Scan by File direction and IP address.
12. File type recognition along with following actions i.e. Scan, Block, Pass.
13. Should be able to scan any file irrespective of it size.
14. Antivirus protection protocols for HTTP,HTTPS, FTP, POP3, SMTP.
15. Anti-spyware for pattern based blocking at the gateway.
16. Centralized daily, automatic and manual updates.
17. Granular scanning of more than 50 different file types.
18. Solution should have an option of packet capture for further analysis of the
incident.
Administration, Management, & Logging / Reporting Functionality
1. Firewall Real-Time Monitoring, Management & Log Collection (with storage)
should not be distributed to more than ONE server/appliance.
2. DC Firewalls should be manageable from the centralised management
framework.
3. Any changes or commands issued by an authenticated user should be logged to
a database.
4. Firewall Management system should also provide the real time health status of
all the firewall modules on the dashboard for CPU & memory utilization, state
table, total # of concurrent connections and the connections/second counter.
5. Firewall must send mail or SNMP traps to Network Management Servers (NMS) in
response to system failures or threshold violations of the health attributes.
6. The Firewall must provide simplified provisioning for addition of new firewalls
where by a standard firewall policy could be pushed into the new firewall.
7. The Firewall administration station must provide a means for exporting the
firewall rules set and configuration.
8. Support for role based administration of firewall.
9. The Firewall administration software must provide a means of viewing, filtering
and managing the log data.
10. The Firewall logs must contain information about the firewall policy rule that
triggered the log.
11. The Firewall must provide a minimum basic statistics about the health of the
firewall and the amount of traffic traversing the firewall.
12. Management should provide detailed Event analysis for Firewall, IPS, Application
Control, Data filtering with reporting of all the components.
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Scope includes providing complete solution including hardware, software and other
required components, supply, implementation, integration, and configuration of Next
generation firewall.
a. The selected service provider is required to supply & Implement next generation
firewalls for Bank’s IT Infrastructure deployed at DC (Mumbai) & DR (Bengaluru).
b. A comprehensive strategy and Standard Operating Procedure (SOP) should be
provided by the Bidder on implementing the Next generation firewall solution.
c. Bidder must develop the project plan, get it approved from the Bank and then
implement the project based on timelines given in the RFP.
d. Implementation of solution must follow various standards such as ISO 27001:2013,
PCI DSS, ISO 22301 etc. Bidder should assist to close observations in various audits
of the proposed solution in co-ordination with current CSOC service provider of the
Bank.
e. Preparation of all documents related to deployment architecture, operation,
maintenance including the Standard Operating Procedures (SOP) for all the
underlying processes, roles and responsibilities of the personnel. Provide the
complete set of Operation and System Manuals in 3 sets of Hardcopies as well as
in Softcopies of all the systems/components provided as part of Next generation
firewall solution.
f. A comprehensive onsite support should be provided on all the Hardware and
Software supplied to/purchased by the Bank during contract period of 5 years (3
years warranty & 2 Years of AMC/ATS . Warranty will commence from the
implementation sign off date from Bank.
g. The Bidder should provide the latest version of the Solution. The bidder would be
responsible for replacing the out-of-support, out-of-service, end-of-life,
undersized, infrastructure elements at no extra cost to the Bank during the entire
contact period of 5 Years. Replacement to be done before due date of the
product/service and the intimation to be given to Bank at least one month before
in case of any of the above scenario.
h. The Bidder would be responsible for installation, testing, commissioning,
configuring, warranty and maintenance of the system.
i. Initial installation, configuration and integration should be vetted by the OEM only,
through the Bidder. The Bidder would be the single point of contact. The Bidder
should have necessary agreement with the OEM for all the required onsite support
for entire contract period of five years. Bidder should have back-to-back support
with OEM during the total contract period for necessary support. Bidder would
submit a letter by OEM issued to bidder in this regard.
j. If the Bidder lacks the expertise for proposed solution then the OEM can provide
implementation service and support for its own solution only on behalf of the
Bidder without any extra cost to Bank or the Bidder will be held accountable for
OEM‘s inaction and penalty charges would be levied as per the SLA terms to Bidder/
SI.
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k. Bank will have the right to use the tools for the functions provided by the tools in
any manner and at any of offices, subsidiary units, joint ventures, RRBs,
irrespective of the number of users, geographical location of the devices being
monitored. Bank will also have a right to relocate any one or all the Next
generation firewall appliances to different locations. Bidder is expected to provide
necessary support.
l. Bidder shall provide list and details of licenses to be procured and also maintain
the inventory database of all the licenses and the updates installed. All licenses
should be in the name of Union Bank of India.
m. The period of support coverage would be for 5 years from the date of
implementation sign off of firewalls covered under this RFP.
n. All phase installation/ configuration till sign-off would be done by the Bidder’s
engineers. However, for Designing and deployment validation, sign-off would be
done by both OEM and Bidder’s engineers. It will be the Bidder’s responsibility to
liaison with the OEM to provide full technical support to the satisfaction of the
Bank for the complete tenure of agreement i.e. project.
o. Bidder has to provide the documentation for the project including but not limited
to references regarding scope, functional and operational requirements, resource
requirements, project design/plan, product description, guidance for best
practices, implementation guidelines, user acceptance test plan, operation
manual, security implementation, training materials, evaluation scoreboards and
matrices etc.
p. Proposed firewalls and its implementation maybe subjected to audit from Bank
and/or third party and/or regulatory body. It shall be responsibility of the Bidder
to co-operate and provide necessary information and support to the auditors with
co-ordination with onsite team. The Bidder must ensure that the audit
observations are closed on top priority and to the satisfaction of the Bank,
regulator, and its appointed auditors. Extreme care should be taken by the Bidder
to ensure that the observations do not get repeated in subsequent audits. Such
non-compliance by Bidder shall attract penalty as defined in SLA.
q. Bench Marking: The bidder will demonstrate the benchmarking tests to confirm
compliance with the stated functionalities.
r. Solution Acceptance: The Bank/appointed consultant in coordination with the
bidder shall conduct an Acceptance test wherein the bidder has to demonstrate
the implementation of the solution as per the requirement of the bank. The bidder
shall submit detailed reports of the test outcomes to the bank.
s. SLA Compliance: The bidder shall ensure compliance with SLAs as defined in the
RFP.
t. Post completion of the contract/ or in the event of early termination, the bidder
is expected to provide support for transition of the services to the nominated
members of the bank (or) to a third party nominated by the bank.
13.1. Appliances and software licenses must be delivered within 8 weeks from the
issue of purchase order to the successful Bidder.
13.2. The Bidder shall complete the configuration, implementation, integrations
within 6 weeks from date of delivery. Any delay beyond stipulated period will
attract additional penalty, as mentioned in the LD clause. Part of the week will
be considered as full week.
13.3. The bidder should develop the detailed Project implementation architecture
including the components that are presently installed and the components that
need to be installed. It should include the following details:
a) Network Diagram
b) Software Specifications required for carrying out the above project scope
c) Implementation plan that comprises of the following:
i. Project Implementation timelines
ii. Project Team Composition
iii. Escalation Matrix
iv. Mutually agreeable Acceptance Criteria
13.4. The bidder should provide post implementation support plan to capture the
details of the support framework that Vendor is proposing to meet the desired
objectives and the SLA Matrix.
13.5. The bidder should give detailed administrators training contents and Schedule
for training as mentioned in the scope for training.
13.6. Bidder shall deploy & manage proposed project in Bank’s premises to improve
security posture of Bank. Bidder shall perform the following tasks as part of
deployment, as mentioned below:
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16.1. The Bank reserves the right to alter quantities as also to delete/add some
items specified in this offer. The Bank may, at its discretion, place orders
based on the requirement of the Bank within 12 months from the date of
first Purchase Order.
16.2. The Bank also reserves right to place further/repeat order (up to 25% of
the actual quantity) on same terms and conditions within a period of 12
months from the date of purchase order.
16.3. The prices discovered shall be frozen for one year and Bank may, at its
discretion may place repeat orders in case of requirement of additional
devices.
The Bidder shall bear all the costs associated with the preparation and submission
of its bid and the bank, will in no case be responsible or liable for these costs,
regardless of the conduct or outcome of the bidding process.
18. Language of Bid
The language of the bid response and any communication with the Bank must be
in written English only. Supporting documents provided with the RFP response can
be in another language so long as it is accompanied by an attested translation in
English, in which case, for purpose of evaluation of the bids, the English
translation will govern.
19. Instructions for Bid Submission
19.1.1 Cost of RFP is waived off if bidder prefers to download the RFP document
online. However, bidder is required to pay Rs.2,500/- for purchasing hardcopy
from DIT.
19.1.3 All costs and expenses (whether in terms of time or material or money)
incurred by the Recipient/Bidder in any way associated with the
development, preparation and submission of responses, including but not
limited to attendance at meetings, discussions, demonstrations, etc. and
providing any additional information required by the Bank, will be borne
entirely and exclusively by the Bidder.
19.2.1 The bidder should deposit bid security of Rs.18,00,000/- (Rupees Eighteen
Lac Only) in the form of a demand draft favoring Union Bank of India, payable
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19.2.4.1 If a bidder withdraws its bid during the period of bid validity; or
19.2.4.2 If a Bidder makes any statement or encloses any form which turns
out to be false / incorrect at any time prior to signing of Contract.
19.2.4.3 In case of a successful Bidder, if the Bidder fails:
a) To execute Contract within the stipulated time or
b) To furnish Performance Bank Guarantee as mentioned in
Performance Bank Guarantee herein.
19.2.5 The successful Bidders Bid security will be discharged upon the Bidder
signing the Contract Agreement and against submission of performance
bank guarantee (other than Union Bank of India) with the claim period of
one year as per the format mentioned in Annexure X, for 3% of TCO, valid
for the entire contract period.
19.2.6 Bidder who is claiming waiver of EMD should submit an undertaking in lieu
of Bid security deposit. Bidder should submit bid security declaration as
per Annexure T.
days from the date of receipt of the order or signing of the contract whichever
is earlier in the format as provided in Annexure X, for 3 % of TCO for the entire
period of the contract i.e.5 years, with a claim period of one year and such
other extended period as the Bank may decide for due performance of the
project obligations. The PBG should be of that of scheduled commercial Bank,
other than Union Bank of India.
In the event of non-performance of obligation or failure to meet terms of this
tender the Bank shall be entitled to invoke the performance guarantee without
notice or right of demur to the successful bidder.
The Bank reserves the right to recover any dues payable by the selected bidder
from any amount outstanding to the credit of the selected bidder, including the
pending bills and/or invoking Performance Guarantee, if any, under this
contract.
If the Performance bank guarantee is not submitted within the stipulated time,
the Bank reserves the right to cancel the order / contract and the earnest
money deposit taken from the successful bidder, will be forfeited and the
bidder is liable to be suspended from participation in any future tenders of the
Bank for 2 years.
Bids should remain valid for the period of at least 180 days from the last date for
submission of bid prescribed by the Bank. In case the last date of submission of bids
is extended, the Bidder shall ensure that validity of bid is reckoned from modified
date for submission. Further extension of the validity of the bid will be decided by
the bank in case of need. The price quoted in Final Commercial Offer will be valid
for at least 180 days from the date of offer.
22 Amendment of Bidding Documents
Prior to the last date for bid‐submission, Bank may, for any reason, whether at its
own initiative or in response to clarification(s) sought from the prospective Bidders,
modify the RFP contents/ covenants by amendment. Clarification /amendment, if
any, will be notified on Bank’s website. No individual communication would be
made in this respect. In order to provide, Bidders, reasonable time to take the
amendment into account for preparing their bid, the purchaser may, at its
discretion, extend the last date of submission of bids.
23 Authorization to Bid
The proposal/ bid being submitted would be binding on the Bidder. As such, it is
necessary that authorized personnel of the firm or organization sign the bid
documents. The designated personnel should be authorized by a senior official of
the organization having authority.
23.1. All pages of the bid shall be initialed by the person or persons signing the
bid.
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23.2. Required Annexures shall be digitally signed/signed in full & official seal
affixed.
23.3. Any inter‐lineation, erasure or overwriting shall be valid only if they are
initialed by the person or persons signing the Bid.
23.4. All such initials shall be supported by a rubber stamp impression of the
bidders firm.
23.5. The proposal must be accompanied with an undertaking letter duly signed
by the designated personnel providing a bid commitment. The letter
should also indicate the complete name and designation of the designated
personnel.
24 Two-part Bid
The Bid should be submitted online at the e-Procurement site
https://ubi.abcprocure.com by the Bidder. It should comprise the following
components:
24.1 Technical bid – Part I: “Technical Bid for Selection of System Integrator for
Supply, configuration, implementation, integrations and Maintenance of Next
generation firewall”.
24.2 Commercial bid – Part II: “Indicative Commercial Bid for Selection of System
Integrator for Supply, configuration, implementation, integrations and
Maintenance of Next generation firewall”.
24.3 Any bid document not conforming to any one of the above terms will be
rejected.
24.4 In the first stage, EMD/security deposit and Integrity Pact (IP) signed by
authorized signatory submitted by bidder will be reviewed and if these are as
per prescribed format/RFP document then only TECHNICAL BID will be
evaluated. Bidders satisfying the technical requirements as determined by
the Bank and accepting the terms and conditions of this document only shall
be short-listed for commercial evaluation.
24.5 After evaluation of indicative commercial bids, the L1 bidder will be selected
using Reverse Auction process. Reverse Auction Rules are given in Annexure
L.
24.6 The indicative commercial bid will be used for finalizing the starting bid for
reverse auction. After completion of the reverse auction, selected bidder
should submit the price break-up as per the Annexure G.
25.1. The Technical Bid – Part I should be complete in all respects and contain
all information asked for in this document. It should not contain any price
information.
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25.5. Non-submission of above documents i.e. Bid Security and Integrity Pact at
the time of bid submission will be liable for rejection of bid.
25.6. Bidders are expected to examine all terms and instructions included in the
documents. Failure to provide all requested information will be at bidder’s
own risk and may result in the rejection of the bid.
25.8. The Bank would like to expressly state that any assumption, presumptions,
modifications, terms, conditions, deviation etc., which the bidder
includes in any part of the Bidder’s response to this RFP, will not be
considered either for the purpose of evaluation or at a later stage, unless
such assumptions, presumptions, modifications, terms, conditions
deviations etc., have been accepted by the Bank and communicated to
the bidder in writing. The Bidder at a later date cannot make any plea of
having specified any assumption, terms, conditions, deviation etc. in the
Bidder’s response to this RFP document. No offer can be modified or
withdrawn by a Bidder after submission of Bid/s.
25.9. All the annexure should be submitted online in letter head of bidder duly
signed with seal of the company. Photocopies of relevant documents /
certificates as proof in support of various information submitted in
aforesaid annexure and other claims made by the vendor.
25.12. The bidder should ensure that all the annexure is submitted as prescribed
by the Bank. In case it is not in the prescribed format, it is liable to be
rejected.
25.13. The Bank reserves the right to resort to re-tendering without providing
any reason whatsoever. The Bank shall not incur any liability on account
of such rejection.
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25.14. The Bank further reserves the right to reject any or all offers based on its
own evaluation of the offers received, or on the basis of stability,
capabilities, track records, reputation among users and other similar
features of a bidder.
25.15. The Bank reserves the right to disqualify the bidder/(s) if bidder/(s) have
not completed any project successfully in Union Bank of India in stipulated
time i.e. supply, Installation, Implementation, migration, upgradation,
support etc.
25.16. The Bank reserves the right to modify any terms, conditions or
specifications of RFP before date of submission of bids. Bidder has to
submit bid documents as per the changes/modifications while submitting
the bid. Notification of amendments/corrigendum will be made available
on the Bank’s website (www.unionbankofindia.co.in), Govt. Tender Site
and e-procurement site https://ubi.abcprocure.com and will be binding
on all bidders and no separate communication will be issued. In order to
allow prospective bidders reasonable time in which to take the
amendment into account in preparing their bids, the Bank, at its
discretion, may extend the deadline for a reasonable period as decided
by the Bank for the submission of bids. No post bid clarification of the
bidder shall be entertained.
The commercial offer must not contradict the Technical offer in any way and
should include the cost of all the items offered. The suggested directive for
Commercial offer is as follows:
26.1. The Indicative Commercial Bid – Part II should be submitted online at the e-
Procurement site as per Annexure G by way of entering the values in the
format provided at the site. This must contain all prices in Indian rupees
(INR).
26.2 The vendors should not offer any options or any conditional offers to the Bank
while giving the price information. The offer should strictly be in conformity
with the items as specified by the Bank. Any deviations may lead to
disqualification of the bid.
27. Online Prebid Meeting and RFP Clarifications
Non- attendance at the Pre-bid Meeting will not be a cause for disqualification
of a bidder.
Queries / clarifications will not be entertained over the phone. All queries and
clarifications must be sought by email to kislaysinha@unionbankofindia.bank,
sanjiiev@unionbankofindia.bank and kmsalam@unionbankofindia.bank with
subject “Queries to RFP for Four Sets of Firewalls at DC, Mumbai & DR Site,
Bengaluru” as per Annexure V.
Any modification of the RFP, which may become necessary as a result of the Pre-
bid Meeting, queries, shall be made public by the Bank exclusively through the
issue of an Addendum/Corrigendum on Bank’s website
www.unionbankofindia.co.in, government tender portal www.eprocure.gov.in
and e-Procurement site https://ubi.abcprocure.com.
28.1 Responses to this RFP should not be construed as an obligation on the part of
the Bank to award a purchase contract for any services or combination of
services. Failure of the Bank to select a bidder shall not result in any claim
whatsoever against the Bank. The Bank reserves the right to reject any or all
bids in part or in full, without assigning any reason whatsoever.
28.2 By submitting a proposal, the successful bidder agrees to promptly contract
with the Bank for the work awarded to the successful bidder. Failure on the
part of the awarded bidder to execute a valid contract with the Bank will
relieve the Bank of any obligation to the bidder, and a different bidder may
be selected based on the selection process.
28.3 The bidder shall represent and acknowledge to the Bank that it possesses
necessary experience, expertise and ability to undertake and fulfill its
obligations, involved in the performance of the provisions of this RFP. If any
services, functions or responsibilities not specifically described in this RFP
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29.1 No Commitment to Accept Lowest bid or Any Tender – The Bank shall be under
no obligation to accept the lowest price bid or any other offer received in
response to this Tender notice and shall be entitled to reject any or all offers
including those received late or incomplete offers without assigning any
reason whatsoever. The Bank reserves the right to make any changes in the
terms and conditions of purchase. The Bank will not be obliged to meet and
have discussions with any Bidder, and / or to listen to any representations
unless there is change in the terms and conditions of purchase. The Bank
further reserves the right to reject any or all offers based on its own
evaluation of the offers received, or on the basis of stability, capabilities,
track records, reputation among users and other similar credentials of a
bidder. When the Bank makes any such rejection, the Bank will not be bound
to give any reason and/or justification in this regard to bidder.
29.2 Erasures or Alterations – The offers containing erasures or alterations will not
be considered. There should be no hand-written material, corrections or
alterations in the offer. Technical details must be completely filled up.
Correct technical information of the product being offered must be filled in.
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30.1 During the period of evaluation, bidders may be asked to provide more details
and explanations about information provided in the proposals. Bidders should
respond to such requests seeking explanation through e-procurement portal
within 3 days or any such extended time frame indicated in the portal, if the
bidder does not comply or respond by the date, their bid will be liable to be
rejected. It is the responsibility of bidder to monitor the e-Procurement
portal every now and then in order to ascertain any exceptions are raised or
clarifications are sought by bank post last date of bid submission. No separate
intimation will be made by bank to the participated bidders for responding
to the clarification sought. If any part of the technical specification offered
by the bidder is different from the specifications sought in our RFP, the bidder
has to substantiate the same in detail the reason of their quoting a different
specification than what is sought for, like higher version or non-availability
of the specifications quoted by us, invariably to process the technical offer
and it should be compatible to our application.
30.2 Setting of evaluation criteria for selection purposes shall be entirely at the
discretion of the Bank. The decision of the bank in this regard shall be final
and no correspondence shall be entertained in this regard.
30.3 The Bank may, at its discretion, waive any minor informality, nonconformity,
or irregularity in a bid which does not constitute a material deviation and
financial impact, provided such waiver does not prejudice or affect the
relative ranking of any bidder. Wherever necessary, observations on such
‘minor’ issues (as mentioned above) Bank may be conveyed to the bidder,
asking them to respond by a specified date also mentioning therein that, if
the bidder does not respond by the specified date, their bid will be liable to
be rejected.
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31.1 For finalization of the most competitive offer, the Bank will conduct ‘Reverse
auction’. The detailed procedure and Business rules for the Reverse auction
is given as per Annexure L and are also available on Bank’s web site.
31.2 The indicative commercial proposals of only those bidders who are qualified
in the technical evaluation would be opened and the lowest indicative prices
may be taken as the starting bid for conducting reverse auction under E-
procurement process. The detail of reverse auction under e-procurement
process is given as per Annexure L. The L-1 bidder emerging from reverse
auction process will submit a detailed breakup of total cost as per the
indicative commercial offer (Annexure G).
31.3 The technically qualified bidders will participate in the Reverse auction
process that will be conducted by an Auction company authorized by the
Bank. Specific rules for this particular event viz. date and time, start price,
bid decrement value, duration of event etc. shall be informed by the Auction
Company to the participating bidders before the event. The bidders should
furnish indicative prices for the project in their Indicative Commercial Bid to
facilitate finalizing the start bid for ‘Reverse auction’ under E-Procurement
process.
31.4 The indicative commercial offer must not contradict the Technical offer in
any way and should include the indicative cost of all the items offered as per
Annexure G. This must contain all price information in Indian rupees (INR).
31.5 The lowest Indicative commercial offers (total cost) may be taken as the
starting bid or Bank may decide starting bid of Reverse Auction based on past
experience. Bidders should note that the indicative commercial bid is
considered for the purpose of conducting Reverse Auction process only. The
L-1 bidder will be decided only later, on finalization of prices through Reverse
auction.
31.6 The L-1 bidder emerging at the end of the Reverse Auction process shall be
required to submit the break-up of Final price (last bid price) again in
Annexure G. Failure or refusal to offer the services/goods at the price
committed through Reverse Auction shall result in suspension from
participation in any future tenders of the Bank for 2 years, which please be
noted.
31.7 The final decision on the bidder will be taken by Union Bank of India. Union
Bank reserves the right to reject any or all proposals. Similarly, it reserves
the right not to include any bidder in the final short-list.
31.8 The Bank shall follow all the guidelines/notifications for public procurement.
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32.1.2 During the process of reverse auction if there are no bids or bid (s) by a
single bidder in the Reverse Auction, Bank may decide Re-Auction with or
without further amending the start price.
32.1.3 Reverse auction will be valid if bid is received from at least one bidder and
subject to Government guidelines.
32.1.4 In all the above circumstances, the decision shall taken by Bank on re-
auction.
33.1. Any bidder from a country which shares a land border with India will be
eligible to bid in this tender only if the bidder is registered with the
Competent Authority.
33.3. “Bidder from a country which shares a land border with India" for the
purpose of this Order means: -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such
country; or
c. An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
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a. Among all qualified bids, the lowest bid will be termed as L1. If L1 is
'Class-I local supplier', the contract for full quantity will be awarded to
L1.
b. If L1 bid is not a 'Class-I local supplier', 50% of the order quantity shall
be awarded to L1. Thereafter, the lowest bidder among the 'Class-I
local supplier' will be invited to match the L1 price for the remaining
50% quantity subject to the Class-I local supplier's quoted price falling
within the margin of purchase preference, and contract for that
quantity shall be awarded to such 'Class-l local supplier' subject to
matching the L1 price. In case such lowest eligible Class-I local supplier'
fails to match the L1 price or accepts less than the offered quantity,
the next higher 'Class-I local supplier' Within the margin of purchase
preference shall be invited to match the L1 price for remaining quantity
and so on, and contract shall be awarded accordingly. In case some
quantity is still left uncovered on class-l local suppliers, then such
balance quantity may also be ordered on the L1 bidder.
34.2 Definitions
a. “Local content” means the amount of value added in India which shall,
unless otherwise prescribed by the Nodal Ministry, be the total value of
the item procured (excluding net domestic indirect taxes) minus the
value of imported content in the item (including all customs duties) as
a proportion of the total value, in percent.
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a. The 'Class-I local supplier'1 'Class-II local supplier' at the time of tender,
bidding or solicitation shall be required to indicate percentage of local
content and provide self-certification as per Annexure R that the item
offered meets the local content requirement for 'Class-I local supplier'
/ 'Class-II local supplier', as the case may be. They shall also give details
of the location(s) at which the local value addition is made.
The Bidder shall solely be responsible for all payments (including any statutory
payments) to its employees and shall ensure that at no time shall its employees,
personnel or agents hold themselves out as employees or agents of the Bank, nor
seek to be treated as employees of the Bank for any purpose, including claims of
entitlement to fringe benefits provided by the Bank, or for any kind of income or
benefits. The Bidder alone shall file all applicable tax returns for all of its
personnel assigned hereunder in a manner consistent with its status as an
independent contractor of services; and the Bidder will make all required
payments and deposits of taxes in a timely manner.
that shall be levied according to the laws and regulations applicable from time to
time in India.
39. Rejection of Bid
The bidder may modify its bid’s submission anytime by logging in to the website
https://ubi.abcprocure.com and uploading the documents again till final
submission at last date and time of bid submission.
No bid can be modified or withdrawn by the bidder subsequent to the closing
date and time for submission of bids.
No bid shall be withdrawn in the intervening period between deadline for
submission of bids and expiration of period of bid validity specified by bidder in
the submitted bid. In the event of withdrawal of the bid by bidders, the bidder
is liable to be suspended from participation in any future tenders of the Bank
for 2 years or EMD will be forfeited.
No bidder shall be allowed to withdraw the bid, if bidder happens to be
successful bidder.
41. RFP Response
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All submissions will become the property of Bank. Recipients shall be deemed to
license, and grant all rights to, Bank to reproduce the whole or any portion of
their submission for the purpose of evaluation, to disclose the contents of the
submission to other Recipients who have registered a submission and to disclose
and/or use the contents of the submission as the basis for any resulting RFP
process, notwithstanding any copyright or other intellectual property right that
may subsist in the submission or Banking documents.
EMD and Integrity Pact must be submitted physically in sealed cover at the
address provided at “place of opening of bids” on or before last date and time
of bid submission.
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44.1 The Bank reserves its right to cancel the Purchase Order at any time by
assigning appropriate reasons and recover expenditure incurred by the Bank
in addition to recovery of liquidated damages in terms of the contract, in
the event of one or more of the following conditions:
44.1.1. Delay in commencement of the project beyond two weeks after the
assignment order or beyond the date given by the bank in the
purchase order.
44.1.2. Delay in completion of project.
44.1.3. Serious discrepancies noted in the inspection.
44.1.4. Breaches in the terms and conditions of the Order.
44.2 The Bank reserves the right to cancel the contract placed on the selected
bidder and recover expenditure incurred by the Bank on the following
circumstances:
44.2.1. Non-submission of acceptance of order within 7 days of order.
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Bidders are liable for not meeting the security standards or desired security
aspects of all the ICT resources as per Bank’s IT/Information Security / Cyber
Security Policy. The IT /Information Security/ Cyber Security Policy will be shared
with successful bidder. Bidders should ensure Data Security and protection of
facilities/application managed by them.
The deputed persons should aware about Bank’s IT/IS/Cyber security policy and
have to maintain the utmost secrecy & confidentiality of the bank’s data including
process performed at the Bank premises. At any time, if it comes to the notice of
the bank that data has been compromised / disclosed/ misused/misappropriated
then bank would take suitable action as deemed fit and selected vendor would be
required to compensate the bank to the fullest extent of loss incurred by the bank.
Bidder has to agree and provide undertaking not to disclose any Bank information
and will maintain confidentiality of Bank information as per policy of the Bank and
will sign “Non-Disclosure Agreement” document provided by Bank.
The resources onboard to Bank’s work need to provide declaration as per Annexure
N - Know Your Employee (KYE) Clause as per bank’s outsourcing policy.
All information resources (online/in-person) of the vendors and its partners shall
be made accessible to reserve Bank of India as and when sought. Credentials of
vendor/third party personnel accessing and managing the bank’s critical assets
shall be maintained and shall be accordance with Bank’s policy.
The Bank shall evaluate, assess, approve, review, control and monitor the risks
and materiality of vendor/outsourcing activities and bidder shall ensure to support
baseline system security configuration standards. The Bank shall also conduct
effective due diligence, oversight and management of third-party vendors/service
providers & partners.
Vendor criticality assessment shall be conducted for all partners & vendors.
Appropriate management and assurance on security risks in outsources and
partner arrangements shall be ensured.
46. Annual Technical Support / Annual Maintenance Contract
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46.6 The AMC charges per annum should be minimum 10% of the cost of Next
generation firewall Appliances.
Note: Bidders need to provide report for support for Bank’s review and approval
after the contract is awarded to them during the warranty and AMC period.
47. Warranty
47.1 The offer must include comprehensive on-site warranty of 3 years from the
date of complete sign off by the bank official which will be given after go-live
of the solution to the satisfaction of the Bank.
47.2 All the products supplied should be licensed and carry a minimum warranty of
3 years from the date of sing-off to the satisfaction of the Bank. On-site,
comprehensive and back-to-back contract from Original Equipment
Manufacturer (OEM) for a total contract period of 5 years should be arranged
by the successful bidder from the date of sign-off. The warranty also includes
all system software/software subscriptions (critical hot fixes, service packs,
and major upgrades). Remote access to the systems supplied will not be
permitted. Date of start of Warranty/Annual Maintenance/software license
support of all the items supplied will be treated as started from the
completion of successful implementation and sign-off from the Bank for the
solution. The penalty for any non-compliance defined under section of SLA.
47.3 Any corruption in the OS/software/tools or any services shall be rectified
during the full period of the contract including warranty, if contracted, at no
extra cost to the Bank.
47.4 The executions of the service(s) herein are and shall be strictly in accordance
and in compliance with all Applicable Laws, as amended from time to time,
the regulatory framework governing the same and the Good Industry Practice.
It has all permissions, consents, approvals and license from all authorities,
regulatory /statutory and non-regulatory, for executing the Service(s).
47.5 The successful bidder warrants that Deliverables and the Services provided by
the successful bidder shall be as per the terms of this Agreement. The
successful bidder should guarantee that the software supplied to the Bank is
licensed and legally obtained. Software must be supplied with their original
and complete printed documentation. The successful bidder shall be fully
responsible for warranty of all the system components in respect of proper
design, quality, material and workmanship of the software, accessories etc.
covered by the offer.
In case the successful bidder is not ready to provide support during the
warranty/AMC/ATS period, support will be provided by OEM directly or through
their authorized partners for the remaining period of warranty/AMC/ATS without
any additional cost to the Bank. Bidders would provide copy of an agreement
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entered into with OEMs to provide support during the warranty/AMC/ATS period
without any additional cost to the Bank.
49. Liquidated Damages (LD)
If Successful bidder fails to deliver any or all of the Service(s) / Systems or perform
the Services within the time period(s) specified in the RFP/Contract / Agreement,
BANK shall, without prejudice to its other rights and remedies under and in
accordance with the RFP/Contract / Agreement, levy Liquidated Damages (LD)
from payments, which are due to the Successful bidder. For calculation of LD:
49.1 LD for delay in delivery/ installation/implementation/ deployment of licenses
for each week of delay beyond the scheduled commencing date or part thereof
will be a sum equivalent to 0.5% of order value or unperformed Services. In
case of undue delay beyond a period of 15 days after attaining the maximum
penalty of 5% of total project cost excluding AMC/ATS cost, Bank may consider
termination of the contract or purchase order.
49.2 Part of week will be considered as full week.
49.3 The overall LD during implementation will be to a maximum of 5% of the total
cost of the project.
49.4 Any delay by the bidder in performance of its delivery obligations shall render
the bidder liable to the imposition of liquidation damages, unless extension of
time is agreed upon without application of liquidation damages.
49.5 Bank can deduct the amount of liquidated damages from any money belonging
to the Successful bidder in its hands (which includes BANK’s right to claim such
amount against Successful bidder’s Performance Bank Guarantee) or which
may become due to the Successful bidder.
49.6 Any such recovery or liquidated damages shall not in any way relieve the
Successful bidder from any of its obligations to complete the works / service(s)
or from any other obligations and liabilities under the
Contract/Agreement/Purchase Order.
49.7 Bank reserves the right to condone the delay, if it is not attributable to the
Successful bidder.
50.1. The Bank notifies the successful Bidder that its Bid has been accepted, the
Bidder shall enter into a Service Level Agreement (SLA) with the Bank,
containing all the Terms and Conditions of this RFP, including confidentiality,
non-disclosure and penalty clauses, and any other clause relevant to the
services offered.
50.2. Penalty mentioned in this SLA will be levied on the Bidder based on uptime
and compliance level delivered through the implemented solutions and/ or
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50.7. For any penalty during warranty period, the bidder should give a credit note in
favour of Union bank of India within 30 days from the date of intimation of
penalty by the Bank. If the bidder fails to give the credit note within 30 days of
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intimation of penalty, Bank reserves the right to invoke the performance Bank
guarantee submitted by the bidder.
50.8. Bank also has the right to deduct the penalties incurred during warranty period,
while releasing the payment of AMC/ATS cost during 4th /5th years.
50.10. Wherever applicable as stated above while effecting any payment, deduction
towards penalty payment will be made. Hence the bidder should raise the
invoice deducting the penalty amount.
The selected bidder shall indicate the authorized signatories who can discuss
and correspond with the BANK, with regards to the obligations under the
contract. The selected bidder shall submit at the time of signing the contract a
certified copy of the resolution of their board, authenticated by the company
secretary, authorizing an official or officials of the bidder to discuss, sign
agreements/contracts with the BANK, raise invoice and accept payments and
also to correspond. The bidder shall provide proof of signature identification for
the above purposes as required by the BANK.
52. Confidentiality
The bidder must undertake that they shall hold in trust any Information received
by them, under the Contract/Agreement, and the strictest of confidence shall
be maintained in respect of such Information. The bidder has also to agree:
52.1 To maintain and use the Information only for the purposes of the
Contract/Agreement and only as permitted by the BANK;
52.2 To only make copies as specifically authorized by the prior written consent of
the Bank and with the same confidential or proprietary notices as may be
printed or displayed on the original;
52.5 The Selected Bidder shall be required to sign a Non-Disclosure Agreement with
Bank as per prescribed format provided in Annexure J within thirty days of
issuing the purchase order/letter of intent.
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53.1. Subject to Clause 53.4 below, the bidder (the "Indemnifying Party")
undertakes to indemnify, hold harmless the Purchaser (the "Indemnified
Party") from and against all claims, liabilities, losses, expenses (including
reasonable attorneys' fees), fines, penalties, taxes or damages (Collectively
“Loss”) on account of bodily injury, death or damage to tangible personal
property arising in favor of any person, corporation or other entity (including
the Indemnified Party) attributable to the Indemnifying Party's negligence or
willful default in performance or non-performance under this Agreement.
53.2. If the Indemnified Party promptly notifies Indemnifying Party in writing of a
third-party claim against Indemnified Party that any Service provided by the
Indemnifying Party infringes a copyright, trade secret or patents incorporated
in India of any third party, Indemnifying Party will defend such claim at its
expense and will pay any costs or damages, that may be finally awarded
against Indemnified Party.
53.3. Indemnifying Party will not indemnify the Indemnified Party, however, if the
claim of infringement is caused by:
53.3.1. Indemnified Party’s misuse or modification of the Service;
53.3.2. Indemnified Party’s failure to use corrections or enhancements made
available by the Indemnifying Party;
53.3.3. Indemnified Party’s use of the Service in combination with any product or
information not owned or developed by Indemnifying Party; However, if
any service, information, direction, specification or materials provided by
Indemnified Party or any third party contracted to it, is or likely to be held
to be infringing, Indemnifying Party shall at its expense and option either;
53.3.3.1. Procure the right for Indemnified Party to continue using it
53.3.3.2. Replace it with a non-infringing equivalent
53.3.3.3. Modify it to make it non-infringing.
53.3.3.4. The foregoing remedies constitute Indemnified Party’s sole and
exclusive remedies and Indemnifying Party’s entire liability with
respect to infringement.
53.4. The indemnities set out in this clause shall be subject to the following
conditions:
53.4.1 The Indemnified Party as promptly as practicable informs the Indemnifying
Party in writing of the claim or proceedings and provides all relevant
evidence, documentary or otherwise;
53.4.2 the Indemnified Party shall, at the cost of the Indemnifying Party, give
the Indemnifying Party all reasonable assistance in the Defense of such
claim including reasonable access to all relevant information,
documentation and personnel provided that the Indemnified Party may,
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at its sole cost and expense, reasonably participate, through its attorneys
or otherwise, in such Defense;
53.4.3 if the Indemnifying Party does not assume full control over the Defense of
a claim as provided in this Article, the Indemnifying Party may participate
in such Defense at its sole cost and expense, and the Indemnified Party
will have the right to defend the claim in such manner as it may deem
appropriate, and the cost and expense of the Indemnified Party will be
included in Losses;
53.4.4 the Indemnified Party shall not prejudice, pay or accept any proceedings
or claim, or compromise any proceedings or claim, without the written
consent of the Indemnifying Party;
53.4.5 all settlements of claims subject to indemnification under this Clause will:
a. be entered into only with the consent of the Indemnified Party, which
consent will not be unreasonably withheld and include an unconditional
release to the Indemnified Party from the claimant or plaintiff for all
liability in respect of such claim; and
b. include any appropriate confidentiality agreement prohibiting disclosure of
the terms of such settlement;
53.4.6 the Indemnified Party shall account to the Indemnifying Party for all
awards, settlements, damages and costs (if any) finally awarded in favour
of the Indemnified Party which are to be paid to it in connection with any
such claim or proceedings;
53.4.7 the Indemnified Party shall take steps that the Indemnifying Party may
reasonably require to mitigate or reduce its loss as a result of such a claim
or proceedings;
53.4.8 in the event that the Indemnifying Party is obligated to indemnify an
Indemnified Party pursuant to this Article, the Indemnifying Party will,
upon payment of such indemnity in full, be subrogated to all rights and
defenses of the Indemnified Party with respect to the claims to which such
indemnification relates; and
53.4.9 if a Party makes a claim under the indemnity set out under Clause 53.1
above in respect of any particular Loss or Losses, then that Party shall not
be entitled to make any further claim in respect of that Loss or Losses
(including any claim for damages).
The liability of either Party (whether in contract, tort, negligence, strict
liability in tort, by statute or otherwise) for any claim in any manner
related to this Agreement, including the work, deliverables or Services
covered by this Agreement, shall be the payment of direct damages only
which shall in no event exceed one time the total contract value payable
under this Agreement. The liability cap given under this Clause shall not
be applicable to the indemnification obligations set out in this clause and
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The Bidder claims and represents that it has obtained appropriate rights to
provide/use the Deliverables and Services upon the terms and conditions
contained in this RFP.
54.1 The Bidder shall be responsible at its own cost for obtaining all necessary
authorizations and consents from third party licensors of Software used by
Bidder in performing its obligations under this Project.
54.2 If a third party’s claim endangers or disrupts the Bank’s use of the Deliverables,
the Bidder shall at no further expense, charge, fee or cost to the Bank, (i)
obtain a license so that the Bank may continue use of the Deliverables in
accordance with the terms of this RFP.
54.3 Bidder shall indemnify and keep fully and effectively indemnified the Bank from
all legal actions, claims, or damages from third parties arising out of use of
software, designs or processes used by Bidder or his subcontractors or in respect
of any other services rendered under this RFP.
This Request for Proposal (RFP) is not transferable. Only the bidder who has
submitted t h e bid will be eligible for participation in the evaluation process.
56. Responsibility for Completeness
Any supplies and services, which might not have been specifically mentioned in
this tender but, are necessary for the installation, Configuration, testing,
commissioning, performance or completeness of the order, shall be
provided/made available as per the time schedule for smooth and efficient
operation and maintenance of the system under Indian conditions.
The bidder shall be responsible for any discrepancies, errors and omissions in the
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Force Majeure is herein defined as any cause, which is beyond the control of
the selected Bidder or the Bank as the case may be which they could not
foresee or with a reasonable amount of diligence could not have foreseen and
which substantially affect the performance of the Contract, such as:
57.1 Natural phenomena, including but not limited to floods, droughts, earthquakes,
epidemics,
57.2 Acts of any Government, including but not limited to war, declared or
undeclared, priorities, quarantines, embargoes,
57.3 Terrorist attacks, public unrest in work area;
Provided either party shall within ten (10) days from the occurrence of such a
cause notify the other in writing of such causes. The Bidder or the Bank shall not
be liable for delay in performing his/her obligations resulting from any Force
Majeure cause as referred to and/or defined above.
58. Exit Clause
The Bank reserves the right to cancel the contract in the event of happening
one or more of the following conditions:
58.1 Failure of the successful bidder to accept the contract and furnish the
Performance Bank Guarantee within 30 days from receipt of purchase contract.
58.2 Delay in delivery beyond the specified period.
58.3 Delay in completing testing/customization and acceptance tests/ checks
beyond the specified periods;
58.4 Serious discrepancy in functionality to be provided or the performance levels
which have an impact on the functioning of the solution.
In addition to the cancellation of contract, Bank reserves the right to appropriate
the damages through encashment of Bid Security /Performance Guarantee given
by the Bidder. Bank reserves right to exit at any time after giving notice-cum-cure
period of one month during the contract period.
60. Audit
The Bidder shall at all times whenever required furnish all information, records,
data stored in whatsoever form to internal, external, Bank appointed and
statutory/ RBI inspecting auditors and extend full cooperation in carrying out of
such inspection. The Bidder will also undertake to co-operate with the RBI to carry
out its supervisory functions and objectives and will furnish all records and other
information as RBI may call for to carry our inspection and/ or other functions. The
Bidder is required to facilitate the same at no additional cost and shall provide
uninterrupted access to the documents required by the auditors. Further the
Bidder has to ensure rectification of all the irregularities thus pointed out by the
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The successful bidder shall be required to enter into a contract with Bank within
one month of the award of contract or within such extended period as may be
specified by Bank. The contract period for this project is 5 years including 3 years
warranty and 2 years ATS/AMC on appliances OS/software licenses post warranty.
However, the contract period may be extended for additional 2 years at the same
cost and terms & conditions on mutual consent of parties.
The extended contract period will be reviewed on yearly basis subject to
satisfactory performance of the bidder. However, if in any case it is found that
the services offered are not satisfactory, the Bank may consider termination of
the contract and forfeiture of the performance Guarantee. If any support is
required after the contract w.r.t. to logs, the bidder has to provide the same.
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Bidder shall provide transition support, which amongst other shall include
provision of logs, rules, technical architecture of solution as deployed, detailed
description of the processes, etc. as part of the transition to subsequent SI or bank
on completion or on termination of contract.
Bank requires that bidder provide professional, objective, and impartial advice
and at all times hold Bank’s interest paramount, strictly avoid conflicts with other
Assignment(s)/ Job(s) or their own corporate interests and act without any
expectations/ consideration for award of any future assignment(s) from Bank.
Bidder have an obligation to disclose any situation of actual or potential conflict
in assignment/job, activities and relationships that impacts their capacity to serve
the best interest of Bank, or that may reasonably be perceived as having this
effect. If the Bidder fails to disclose said situations and if Bank comes to know
about any such situation at any time, it may lead to the disqualification of the
Bidder during bidding process or the termination of its Contract during execution
of assignment.
The RFP and all supporting documentation are the sole property of Union Bank and
should NOT be redistributed without prior written consent of Union Bank. Violation
of this would be a breach of trust and may, inter-alia cause the bidders to be
irrevocably disqualified. The aforementioned material must be returned to Union
Bank when submitting the proposal, or upon request; however, bidders can retain
one copy for reference.
64. Proposal Ownership
The proposal and all supporting documentation submitted by the bidders shall
become the property of Union Bank of India unless the Bank agrees to the bidder’s
specific requests, in writing, the proposal and documentation to be returned.
65. Tender/RFP Cancellation
The Bank reserves the right to cancel the Tender/RFP at any time without
assigning any reasons whatsoever.
66. Publicity
Any publicity by the Service Provider in which the name of the Bank is to be used,
will be done only with the explicit written permission of the Bank.
67. Arbitration
party may appoint an arbitrator and such arbitrators shall appoint an Umpire
before entering on the reference. The decision of the Umpire shall be final.
Such arbitration shall be governed by the provisions of Indian Arbitration and
Conciliation Act 1996. All arbitration proceedings shall be at Mumbai,
Maharashtra State, India only.
68. Dispute Resolution & Jurisdiction
Spares for the hardware/software offered should be available for at least 5 years
from the date of project sign off at Bank’s premises.
70. Insurance
The insurance is to be taken by Bidder for an amount equal to 110% of the CIF
value of the goods delivered at the respective sites covering all risks (including
fire, burglary, SRCC, natural calamities such as earth quake, flood etc.) up to
installation and configuration of hardware after the delivery at both the sites.
The bidders have to submit responses to the RFP through Online. Only original
documents viz. Bid security and Integrity Pact should be submitted in physical form.
All response documents as per requirement of RFP must be uploaded on the site
https://ubi.abcprocure.com. Original DD/BG for EMD and Integrity Pact (IP) must
be submitted physically in sealed cover at the following address on or before
scheduled date and time.
To
The General Manager,
Union Bank of India,
Department of Information Technology,
1/1A,Technology Centre, Adi Shankaracharya Marg,
Opposite Powai Lake, Powai, Andheri (East),
Mumbai – 400072.
Bank may, at its discretion, extend this deadline for submission of bids by releasing
corrigendum to this tender document.
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Dear Sir,
Sub: Request for Proposal (RFP) for Four Sets of Firewalls at DC, Mumbai & DR Site,
Bengaluru with Ref. No. UBI/DIT/2022-23/15.
With reference to the above subject, having examined and understood the instructions,
terms and conditions forming part of it, we hereby enclose our offer for the desired
solution as detailed in your above referred RFP.
We further confirm that the offer is in conformity with the terms and conditions as
mentioned in the RFP and all required information as mentioned is enclosed.
We also confirm that the offer shall remain valid for 180 days from the date of the
offer.
We understand that the Bank is not bound to accept the offer either in part or in full
and that the Bank has right to reject the RFP in full or in part without assigning any
reasons whatsoever.
We understand that
a. You are not bound to accept the lowest or any bid received by you, and you may
reject all or any bid.
b. If our Bid for the above job is accepted, we undertake to enter into and execute
at our cost, when called upon by the purchaser 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.
c. If our bid is accepted, we are to be responsible for the due performance of the
contract.
d. You 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.
e. Bidder means the bidder who is decided and declared so after examination of
commercial bids.
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No. :
Date :
Name of Issuing Bank :
Dated at ____________this ____________day of __________2022
Or
We hereby declare that all the information & Statements made in this RFP are true and
accept that any misinterpretation contained in it may lead to our disqualification. We
agree to all terms & conditions of the RFP.
Yours faithfully,
Signature ____________________
Name _______________________
Authorized Signatories
(Name & Designation, seal of the firm)
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Serial
Parameters Response
No.
Name of the Firm/Company
1
Year of Incorporation in
2
India
Names of the
3
Partners/Directors
Name and Address of the
4
Principal Banker
Addresses of Firm/Company
a) Head Office
5
b) Local Office in Mumbai (if
any)
Authorized Contact person
Financial parameters
Business Results (last three Annual Turnover (Rs. EBITDA (Rs. In
years) In Crores) Crores)
2020-21
2019-20
7
2018-19
(Only company figures need (Mention the above amount in INR only)
to be mentioned. Not to
include group/subsidiary
Company figures)
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Authorized Signatory:
Place: Name & Designation:
Date: Business Address & email id:
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Authorized Signatory:
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Bidder's
Sl. No Clause Details Compliance
(Yes/ No)
1 Introduction
2 Adoption of Integrity Pact (IP)
3 Objectives of the RFP
4 Definitions
5 Project Overview
6 Invitation of Tender Bids
7 Eligibility Criteria
8 Broad Scope of Work
9 Detailed Scope
10 Training
11 Firewall solution Capabilities
12 Implementation Instructions and Extended Scope
13 Locations to be Covered
14 Project Validity
15 Right to Alter Quantities and Price freezing
16 Cost of Bidding
17 Language of Bid
18 Instructions for Bid Submission
19 Performance Bank Guarantee
20 Online Prebid Meeting and RFP Clarifications
21 Technical Bid Evaluation
22 Restriction on Procurement due to National Security
23 Award of Contract
24 Price Composition
25 Taxes and Duties
26 Rejection of Bid
27 Modification and Withdrawals of Bid
28 RFP Response
29 Patent Rights
30 Payment Terms
31 Order cancellation
32 Adherence to Cyber Security Systems
33 Annual Technical Support / Annual Maintenance Contract
34 Warranty
35 OEM Authorization
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Bidder's
Sl. No Clause Details Compliance
(Yes/ No)
36 Liquidated Damages (LD)
37 Service Level Agreement
38 Authorized Signatory
39 Confidentiality
40 Indemnity& Limitation of Liability
41 Intellectual Property Rights
42 Non-Transferable Offer
43 Responsibility for Completeness
44 Force Majeure
45 Exit Clause
46 Termination of Contract
47 Audit
48 Contract Period
49 Conflict of Interest
50 RFP Ownership
51 Proposal Ownership
52 Tender/RFP Cancellation
53 Publicity
54 Arbitration
55 Dispute Resolution & Jurisdiction
56 Availability of Spares
55 Insurance
56 Submission of Bids
Authorized Signatory:
Place: Name & Designation:
Date: Business Address & email id:
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Table A
Unit Total
S.No Description price Quantity price
(a) (b) c = (a*b)
Table B
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Note:
1. All the costs mentioned above must be quoted in Indian Rupees and exclusive of
taxes.
2. TCO is valid for five years. In case of any discrepancy, TCO quoted in words will
be considered.
3. Payment will be made as per the payment terms mentioned in this RFP.
4. Prices quoted by the bidder are exclusive of all applicable Taxes i.e. GST
(CGST/SGST/IGST). GST will be paid on actual on production of original invoice.
5. Bidder has to show the bifurcation/details of applicable GST (CGST/SGST/IGST) in
every invoice. Any upward / downward revision in GST will be borne by Bank.
6. The prices quoted should also include charges towards freight, forwarding,
delivery, and installation, transit insurance charges till installation,
transportation, configuration/reconfiguration, integration and commissioning of
equipment.
7. Bank will not pay any additional charges other than those mentioned above
whatsoever the case may be.
8. AMC should be quoted with minimum of 10% of Hardware cost.
9. Cost of on-going system software maintenance / updates / patches / bug fixes
/enhancements shall be borne by Bidder.
10. Breakup of implementation cost and Software/ Licenses shall be provided to the
Bank if required by the Bank.
11. The proposed hardware/solution should meet the technical requirements
mentioned in the RFP document.
Authorized Signatory:
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Table A
Unit Total
S.No Description price Quantity price
(a) (b) c = (a*b)
Table B
Sl. Description AMC per Quantity f=(d*e) Total
No. year (d) (e) cost of
AMC for
2 Years
g=(f*2)
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Note:
1. All the costs mentioned above must be quoted in Indian Rupees and exclusive of
taxes.
2. TCO is valid for five years. In case of any discrepancy, TCO quoted in words will
be considered.
3. Payment will be made as per the payment terms mentioned in this RFP.
4. Prices quoted by the bidder are exclusive of all applicable Taxes i.e. GST
(CGST/SGST/IGST). GST will be paid on actual on production of original invoice.
5. Bidder has to show the bifurcation/details of applicable GST (CGST/SGST/IGST) in
every invoice. Any upward / downward revision in GST will be borne by Bank.
6. The prices quoted should also include charges towards freight, forwarding,
delivery, and installation, transit insurance charges till installation,
transportation, configuration/reconfiguration, integration and commissioning of
equipment.
7. Bank will not pay any additional charges other than those mentioned above
whatsoever the case may be.
8. AMC should be quoted with minimum of 10% of Hardware cost.
9. Cost of on-going system software maintenance / updates / patches / bug fixes
/enhancements shall be borne by Bidder.
10. Breakup of implementation cost and Software/ Licenses shall be provided to the
Bank if required by the Bank.
11. The proposed hardware/solution should meet the technical requirements
mentioned in the RFP document.
Authorized Signatory:
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All Terms and Conditions including scope of work except technical specifications
We hereby undertake and agree to abide by all the terms and conditions stipulated by the
Bank in this RFP including all addendum, corrigendum etc. (Any deviation may result in
disqualification of bids).
Signature:
Name
Date
Seal of company:
Technical Specification
We certify that the systems/services offered by us for tender confirms to the specifications
stipulated by you with the following deviations
List of deviations
1) ___________________________________________________________
2) ___________________________________________________________
3) ___________________________________________________________
4) ___________________________________________________________
Signature:
Name
Date
Seal of company:
(If left blank it will be construed that there is no deviation from the specifications given
above)
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Place:
Date:
To:
The General Manager,
Union Bank of India,
5th floor, Technology Centre,
1/1A, Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai‐400072.
• We also undertake that, we are not involved in any legal case that may affect the
solvency / existence of our firm or in any other way that may affect capability to
provide / continue the services to bank.
Yours faithfully,
Authorized Signatories
Date
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AND
Union Bank of India, a corresponding new bank constituted under section 3 of Banking
Companies (Acquisition & Transfer of Undertakings) Act 1970 having its Head office at Union
Bank Bhavan, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400021 (hereinafter referred to
as “Union Bank” or “Bank” which expression shall, unless it be repugnant to the context or
meaning thereof, mean and include its successors and permitted assigns), of the OTHER
PART:
---------- and the Bank shall hereinafter jointly be referred to as “Parties” and individually
as a “Party”.
In this Agreement, “Affiliate” means any entity which from time to time Controls, is
Controlled by or is under common Control with the relevant party or entity, where “Control”
means having the ability (including, without limitation, by means of a majority of voting
rights or the right to appoint or remove a majority of the board of directors) to control the
management and policies of an entity.
WHEREAS:-
i. Vendor inter-alia is engaged in the business of providing IT related solutions & services
to various business entities in India & abroad.
ii. Union Bank has agreed to disclose, transmit, receive, and/or exchange certain
“confidential information” to cover the business transaction between parties for the
provision of services related to “_______________________________________” (“the
Purpose”) as more particularly described in Purchase Order no , issued by Union Bank
in favor of M/s. ----------------------.
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1. Interpretation
2. Confidentiality:
2.1 Except to the extent as agreed herein, the Receiving Party agrees to regard, preserve
and keep as secret and confidential all Confidential Information of the Disclosing Party or its
clients or any member of their group disclosed under this Agreement. In maintaining
confidentiality hereunder the Receiving Party agrees and accepts that it shall not, either on
its own account or jointly with or for any other person, firm, company or any other entity,
without obtaining the written consent of the disclosing party.
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II. Use the Confidential Information for any purpose other than evaluating, preparing,
considering, negotiating, advising in relation to or in furtherance of the purpose for
which it is disclosed; or
III. Disclose, announce or otherwise publicize the existence of its association with the
Disclosing Party or the existence of the project with the Disclosing Party or any other
arrangement (existing or possible) between the disclosing party, its clients or itself in
connection with any project/assignment; or
IV. Use any such Confidential Information for its own benefit or the benefit of others or
do anything prejudicial to the interests of the Disclosing Party or its clients or any
member of their group or their projects.
2.2 The Receiving Party also agrees and accepts that it may endeavor:
I. Use at least the same degree of care in safeguarding such Confidential Information as
it uses for its own Confidential information of like importance and such degree of care
shall be at least that which is reasonably calculated to prevent such inadvertent
disclosure;
II. Keep the Confidential Information and any copies thereof secure and in such a way so
as to prevent unauthorized access by any third party;
III. Limit access to such Confidential Information to those of its (including its Affiliates‟)
directors, partners, advisers, agents or employees who are directly involved in the
consideration/evaluation of the Confidential Information and bind each of its
directors, partners, advisers, agents or employees so involved to protect the
Confidential Information in the manner prescribed in this Agreement; and
3. Return or destruction:
The Receiving Party may, upon completion of the purpose mentioned aforesaid or at any
time on receipt of a written demand from the disclosing party: i) immediately return all
written Confidential Information and all copies thereof provided to, or produced by, it or
its advisers, as the case may be, which is in such party’s possession or under its custody
and control; ii) to the extent practicable, but without prejudice to the obligations of
confidentiality herein, immediately destroy all analyses, compilations, notes, studies,
memoranda or other documents prepared by it or its advisers to the extent that the same
contain, reflect or derive from Confidential Information relating to the other party; iii)
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4. Permitted disclosure:
The provisions of paragraph 2 shall not restrict any disclosure required by law or by any
court of competent jurisdiction, the rules and regulations of any recognized stock
exchange or any enquiry or investigation by any governmental, official or regulatory body
which is lawfully entitled to require any such disclosure provided that, so far as it is
lawful and practical to do so prior to such disclosure, the Receiving Party shall promptly
notify the other party of such requirement with a view to providing the opportunity for
the Provider to contest such disclosure or otherwise to agree the timing and content of
such disclosure.
5. Ownership of Information:
Except to the extent as agreed herein, the Confidential Information and copies thereof,
in whatsoever form shall at all times remain the property of the Disclosing Party or its
clients and its disclosure shall not confer on the Receiving Party any rights (including any
intellectual property rights) over the Confidential Information whatsoever beyond those
contained in this Agreement.
6. No Representation:
The parties hereto acknowledge that remedies at law may be inadequate to protect the
Disclosing Party or its clients against any actual breach of this Agreement by the Receiving
Party, and, without prejudice to any other right and remedies otherwise available to the
Disclosing Party or its clients, the Receiving Party agrees that Disclosing Party has a right
to seek injunctive relief in its favor upon proof of actual damage and upon establishment
of the fact that such actual damage has taken place due to reasons directly attributable
upon the Receiving Party. Such injunctive relief shall be in addition to any other remedies
available hereunder, whether at law or equity. Disclosing Party shall be entitled to
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recover its cost and fees, including Advocate’s fees, incurred in obtaining any such relief.
Further, in the event of litigation relating to this Agreement, the prevailing party shall
be entitled to recover its cost and expenses including Advocate’s fees.
8. No Assignment
This Agreement shall not be assigned by either party, by operation of law or otherwise,
without the prior written consent of the other party. This Agreement shall inure to the
benefit of and will be binding upon the parties‟ respective successors and permitted
assigns.
9. Severability
In the event that any of the provisions contained in this Agreement is found to be invalid,
illegal or unenforceable in any respect by a Court of competent jurisdiction, the validity,
legality, or enforceability of the remaining provisions contained in this agreement will
not be in any way affected or impaired by such a finding.
10.Delay or Waiver
No delay or failure of either Party in exercising any right hereunder and no partial or
single exercise thereof shall be deemed of itself to constitute a waiver or an expectation
of non-enforcement of such right or any other rights hereunder. No waiver of any
provision of this Agreement shall be valid unless the same is in writing and signed by the
party against whom such waiver is sought to be enforced. A waiver or consent given by
either party on any one occasion is effective only in that instance and will not be
construed as a bar to or waiver of any right on any other occasion.
11.Notices
Notices as required by this Agreement shall be sent to the Parties at the addresses
mentioned first herein above or such other addresses as the Parties may designate from
time to time, and shall be sent by certified or registered mail with acknowledgement due
on receipt.
12.Term
This Agreement shall commence from the Effective Date of this Agreement and shall be
valid for 2 years beyond contract period of 5 years. Confidentiality obligations under this
Agreement shall continue to be binding and applicable without limit in point in time
except and until such information enters the public domain, without breach of the
agreement. Either Party may terminate this Agreement for breach, if the defaulting Party
fails to rectify the breach within the one month notice period issued by the non-
defaulting Party. Upon expiration or termination as contemplated herein the Receiving
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Party shall immediately cease any and all disclosures or uses of Confidential Information;
and at the request of Disclosing Party, the Receiving Party shall promptly return or
destroy all written, graphic or other tangible forms of the Confidential Information and
all copies, abstracts, extracts, samples, notes or modules thereof.
13.Governing Law
The provisions of this Agreement shall be governed by the laws of India and shall be
subject to the exclusive jurisdiction of courts in Mumbai.
14.Indemnity
The Receiving Party agree to indemnify and hold harmless the Disclosures against all
costs, liability, losses and claims incurred by the Disclosing Party as a result of a breach
of this Agreement.
15.Modification
Modification to any of the provisions of this Agreement shall be void unless it is writing
and duly executed by Parties.
16.Headings
The headings given herein above are for ease of reference only and shall not attach or
have any effect/ meaning whatsoever contrary to what is stated in the agreement.
17.Counterparts
This Agreement has been signed in duplicate, each of which shall be deemed to be an
original. The exchange of a fully executed Agreement (in counterparts or otherwise) by
fax shall be sufficient to bind the parties to the terms and conditions of this Agreement.
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
The reference sites submitted must be necessarily of those Banks/Companies where the
proposed vendor/ OEM’s product has been awarded the contract prior to Issuance of this
RFP. For those references where the offered solution is accepted but Network Access
Control is not started, the acceptance should be valid as on the last date for submission of
bids at Union Bank of India.
Particulars Response
Name of the Institution
Country of Operation
Address of the Organization
Date of commencement of implementation
Date of Go-live/Commencement of project
Date of completion of Project
Scope of Work for Solution
Number of concurrent users
Name of the contact person for reference
Contact details of contact person
Modules used at Branches/Offices
Project Details
a. Operating System
b. Middleware
c. Security features
d. Maintenance & support
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
RFP for Bank’s “Request for Proposal (RFP) for Four Sets of Firewalls at DC, Mumbai & DR
Site, Bengaluru”
The detailed procedure for Reverse Auction to be followed in the “Request for Proposal
(RFP) for Four Sets of Firewalls at DC, Mumbai & DR Site, Bengaluru” Project is given
below:
The response to the present tender will be submitted by way of submitting the Technical
offer & Indicative Commercial offers separately through online. The technical details with
the relevant information /documents/acceptance of all terms and conditions strictly as
described in this tender document will have to be submitted by the Bidders. The Indicative
commercial bids submitted by the Bidders who are short listed in the technical bid evaluation
process will be opened and those Bidders will be invited to participate in the online Reverse
Auction to be conducted by the company selected by the Bank. Bidders who are short listed
from Technical evaluation will be trained by the Reverse Auction Company for this purpose,
and they will have to abide by the E-business rules framed by the Bank in consultation with
Reverse Auction Service provider. The e-business rules are furnished hereunder in this
document.
Further, please note that the Bidder(s) who do not qualify in the technical bid processes will
not be considered for participation in Reverse Auction. For participating in reverse auction
digital signature is a pre-requisite.
1. APPLICABILITY
1.1. Reverse Auctions are carried out under the framework of rules that are called Business
Rules.
1.2. All bidders participating in Reverse Auction shall understand/accept and give an
undertaking for compliance with the same to the Bank in the prescribed format
Exhibit-A.
1.3. Any bidder not willing to submit such an undertaking shall be disqualified for further
participation respecting the procurement in question.
2. ELIGIBILITY:
2.1. Bidders need to submit RFP fee & Integrity Pact at the time of bid submission by
authorized signatory on or before last date & time of submission of bid. In case bidder
fails to submit RFP fee & Integrity Pact on or before last date & time of submission of
bid, bid will be liable for rejection.
2.2 Only vendors who have submitted RFP fee & Integrity Pact and prescribed undertaking
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
to the Bank and who are technically qualified can participate in Reverse Auction
relevant to the procurement for which RFP is floated.
3.1. The bidders participating in Reverse Auction shall submit the following duly signed by
the same Competent Authority who signs the offer documents in response to the RFP:
3.1.1. Acceptance of Business Rules for Reverse Auction and undertaking as per format
in Exhibit-A.
3.1.2. Agreement between service provider and bidder. (This format will be given by
the service provider prior to announcement of Reverse Auction.)
3.1.3. Letter of authority authorizing the name/s of official/s to take part in Reverse
Auction as per format in Exhibit-B.
3.1.4. Undertaking of Process Compliance Statement for RA as per Exhibit C
4. TRAINING
4.1. The Bank will facilitate training for participation in Reverse Auction either on its own
or through the service provider for the Reverse Auction.
4.2. Where necessary, the Bank/service provider may also conduct a ‘mock reverse
auction’ to familiarize the bidders with Reverse Auction process.
4.3. Any bidder/bidder not participating in training and/or ‘mock reverse auction’ shall do
so at his own risk and it shall not be open for him to make any complaint/grievance
later.
5.1. TCO refers to the aggregate amount payable by the Bank for transfer of ownership.
5.2.2 License fee (Corporate or user specific as defined in RFP) including OS/Data
Base/Application licenses).
5.2.5 The prices should include the comprehensive onsite warranty maintenance of
the equipment covering all components, services, and visits to the concerned
offices as specified in the RFP.
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
5.2.6 Annual Maintenance Charges for the period as specified in the RFP.
5.2.9 Service Level Agreement (SLA) costs as defined in RFP for applicable period.
5.2.11 Insurance to cover the equipment for and from transit period till installation.
5.3. The TCO shall be arrived at after deducting ‘buy back’ costs involved and if/as defined
in the RFP.
5.4 TCO, however, shall not include variables of octroi and entry tax. These shall be paid
as per actuals and on production of receipts. However, no penalties respecting octroi
or entry tax shall be paid by the Bank and the vendor shall bear such expenses.
6.1. The Venue, Date, Time etc. for training in Reverse Auction shall be advised at the
appropriate time.
6.2. The Bank shall Endeavour to fix such Date/Time at mutual convenience to the
bidder/s, service provider and the Bank.
7.1. The Date and Time of commencement of Reverse Auction as also Duration of ‘Reverse
Auction Time’ shall be communicated at least 3 working Days prior to such auction
Date.
7.2. Any force majeure or other condition leading to postponement of auction shall entitle
the Bank to postponement of auction even after communication, but, the Bank shall
be obliged to communicate to all participating bidders the ‘postponement’ prior to
commencement of such ‘Reverse Auction’.
8.1. The Reverse Auction shall be conducted on a specific web portal meant for this
purpose.
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
8.2. The Reverse Auction may be conducted by the Bank itself or through a service provider
specifically identified/appointed/empaneled by the Bank.
9.1. In all Reverse Auctions conducted by the Bank through a Service Provider, the Bank
shall enter into a separate agreement clearly detailing the role and responsibilities of
the service provider hosting the web portal for the Reverse Auction.
9.2. For creating necessary obligations and rights, the service provider will also enter into
an agreement with each bidder as per a format designed by him for this purpose. The
Bank shall resolve any points/issues concerning such agreement of bidder and service
provider.
9.3. While a Service Level Agreement (SLA) by the bank with the service provider is an
arrangement for smooth and fair conduct of the Reverse Auction, the Bank shall be
directly responsible to bidders for fair and transparent conduct of Reverse Auction.
9.4. The service provider at the end of each Reverse Auction shall provide the bank with
all details of the bids and reports of reverse auction.
9.5. The service provider shall also archive the data pertaining to the Reverse Auction for
a minimum period of 3 years.
9.6.1. Service provider / auctioneer are responsible for conduct of adequate training to all
technically qualified bidders representing the reverse auction and bidding process.
9.6.2. Each bidder / bidder shall participate in the training at his / their own cost.
9.6.3. Wherever it is considered necessary and asked by the bidders or as decided by the
auctioneer or by Bank a mock auction may also be conducted for the benefit of all
concerned.
9.6.4. Authorized representatives of the bidders named in the authorization letter given by
the bidder (Exhibit-B) shall be given unique user name, password by the service
provider / auctioneer.
9.6.5. Each bidder shall change the password and edit the information in the registration
page after receipt of initial password.
9.6.6. All the bids made from the login ID given to bidder shall ipso-facto be considered bid
made by the bidder / bidder to whom login ID and password were assigned by the
service provider / auctioneer.
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
9.6.7. Any bid once made through registered login ID / password by the bidder / bidder
cannot be cancelled. The bidder, in other words, is bound to sell the “Offering” as
per the RFP at the bid price of TCO.
9.6.8. Every successive bid by the bidder / bidder being decremented bidding shall replace
the earlier bid automatically and the final bid as per the time and log-in ID shall
prevail over the earlier bids.
9.6.9. The Bank shall conduct the reverse auction as per the Standard English reverse
auction, that is, no two bids can have identical price from two different bidders. In
other words, there shall never be a “Tie” in bids.
10.1. A proxy bid is one where bidder can submit the lowest bid amount by him in strict
confidence to the system directly. This obviates the need for him participating in the
bidding process until the proxy bid amount is decremental reached by other bidders.
10.2. When proxy bid amount is reached, the bidder has an option to revise the proxy bid
amount or he can prefer to start participating in bidding process.
10.3. Since it is an English auction with no ties, two bidders submitting identical proxy bid
amount and succeeding in auction simultaneously does not arise.
10.4. During training, the issue of proxy bidding will be clarified in detail by the service
provider.
11.1. All bidders will be able to view during the auction time the current lowest price in
portal. Bidder shall be able to view not only the lowest bid but also the last bid made
by him at any point of time during the auction time.
12.1. Names of bidders/ bidders shall be anonymously masked in the Reverse Auction
process and bidders will be given suitable dummy names.
12.2. After completion of Reverse Auction, the service provider / auctioneer shall submit a
report to the Bank with all details of bid and the original names of the bidders as also
the L1 bidder with his / their original names.
13.1. Bank shall determine the start price either on its own or through asking for information
of price band on TCO from each bidder at appropriate time during or at the conclusion
of technical evaluation. Based on the price band so informed by bidders, Bank would
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
14.1. The bidders shall be able to bid only at a specified decrement value and not at any
other fractions. The Bid decrement value shall be Rs. 7500/- or 0.25% of the Start
price of the Reverse Auction, whichever is higher.
14.2. The bid decrement value shall be rounded off to the nearest thousands of rupees.
14.3. For the sake of convenience of bidders, the web portal shall display the next possible
decremented value of bid. It is not, however, obligatory on the part of bidders to
bid at the next immediate lower level only. (That is, bids can be even at 2 or 3 lower
levels than the immediate lower level and should not exceed 2% of start bid price at
a time)
15.1. The Bank shall supply copy of the Business rules to any bidders / bidders, wishing to
participate in the reverse auction. Such request shall be made in writing to the Bank
by an authorized representative of the bidder.
15.2. The Bank shall also handover a copy of the Business Rules with a covering letter duly
signed by an authorized signatory of the Bank.
15.3. For any dispute concerning the Business Rules, the hard copy of Business Rules
supplied by the Bank for the reference of reverse auction process will alone be
considered final and bidding.
16.1. If any RFP specifically authorizes splitting of orders for the sake of reducing
dependency on single source of supply or provision of service, Bank is entitled to split
the order in the order and as provided in RFP.
16.2. While splitting the order, Bank shall specify the maximum quantum for L1, L2 etc. in
RFP.
16.3. In case L2 bidder is not willing to supply at L1 price, Bank shall call L3, L4 etc. in order
to arrive at the split quantum to be awarded.
16.4. The Bank shall also be entitled to award the contract to L2, L3 or L4 etc. bidders in
the event of L1 bidder backing out to honor the commitment, or for that matter not
in a position to supply the offering as per RFP.
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
17.1. In order to reduce the time involved in the procurement process, Bank shall be
entitled to complete the entire procurement process through a single Reverse Auction.
For this purpose, Bank shall do all it can to award the contract to L1 bidder or in the
circumstances where awarding of contract may have to be done to the L2, L3 bidder
as provided for in the RFP.
17.2. The Bank shall however, be entitled to cancel the procurement of Reverse Auction, if
in its view procurement or reverse auction process cannot be conducted in a fair
manner and / or in the interest of the Bank.
17.3. The successful bidder shall be obliged to provide a Bill of Material at the last bid price
at the close of auction.
18.2. Bidders, however, shall attend the training or mock auction at their own cost.
19.1. Any change in Business Rules as may become emergent and based on the experience
gained shall be made only by a Committee of senior / top executives of the Bank.
19.2. Any / all changes made in Business Rules shall be uploaded in the Website
immediately.
19.3. If any reverse auction process has commenced and a change is made in Business Rules,
it shall be informed immediately to each bidder/ bidder and his concurrence to /
acceptance of the change shall be obtained in writing by the Bank.
20.1. No bidder shall involve himself / itself or any of his / its representatives in any price
manipulation directly or indirectly with other bidders. If any such practice comes to
the notice, Bank shall disqualify the bidder / bidders concerned from the reverse
auction process.
20.2. Bidder shall not disclose details of his bids or any other details concerning Reverse
Auction process of the Bank to any other third party without specific permission in
writing from the Bank.
20.3. Neither Bank nor service provider / auctioneer can be held responsible for
consequential damages such as no power supply, system problem, inability to use the
system, loss of electronic information, power interruptions, UPS failure, etc. (Bank
shall, however, entertain any such issues of interruptions, problems with open mind
and fair degree of transparency in the process before deciding to stop or extend the
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
auction.)
21.1. Any aggrieved bidder / bidder through Reverse Auction process can make complaint
in writing within 48 hours of the Reverse Auction to the Chief Compliance Officer of
the Bank.
21.2. The Chief Compliance Officer along with the Chief Law Officer of the bank and Chief
of Audit Dept. shall give personal hearing to the aggrieved bidder / bidder and decide
upon the complaint / grievance.
21.3. Decision of the Grievance Redressal Committee shall be binding on the Bank as well
as on all bidders participating in the Reverse Auction.
21.4 Any aggrieved vendor / bidder through Reverse Auction process can make
representation in writing within 48 hours of the Reverse Auction to the IEM
(Independent External Monitor) of the Bank.
22.1. On any issue or area of material concern respecting Reverse Auction not specifically
dealt with in these Business Rules, the decision of the bank shall be final and binding
on all concerned.
Place:
Date:
Signature:
Name & Designation:
Business Address:
Page 94 of 119
RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
DECLARATION
1 We ______________________ (name of the company) hereby confirm having
submitted our bid for participating in Bank’s RFP dated _________ for procurement
of ____________.
2 We also confirm having read the terms of RFP as well as the Business Rules relating
to the Reverse Auction for this RFP process.
3 We hereby undertake and agree to abide by all the terms and conditions stipulated
by Union Bank of India in the RFP document including all annexure and the Business
Rules for Reverse Auction.
4 We shall participate in the on-line auction conducted by _______________ Ltd.
(Auction Company) and submit our commercial bid. We shall also abide by the
procedures prescribed for online auction by the auction company.
5 We, hereby confirm that we will honor the Bids placed by us during the auction
process, failing which EMD shall be forfeited / we shall be liable to be suspended
from participation in any future tenders of the Bank for 2 years. We also understand
that the bank may debar us from participating in future tenders.
6 We confirm having nominated Mr. ________________, designated as
______________ of our company to participate in the Reverse Auction on behalf of
the company. We undertake that the company shall be bound by the bids made by
him I Reverse Auction.
7 We undertake to submit the confirmation of last bid price by us to the auction
company/Bank within 48 working hours of the completion of event. We also
undertake to submit the Bill of Materials for the TCO (Total Cost of Ownership) in
terms of RFP.
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
Exhibit –B
To,
Union Bank of India
Department of Information Technology
Powai, Mumbai
2 We also confirm having read and understood the terms of RFP as well as the Business
Rules relating to the Reverse Auction for this RFP process.
3 As per the terms of RFP and Business rules, we nominate Mr. ______________,
designated as ______________ of our company to participate in the Reverse
Auction.
4 We accordingly authorize Bank and / or the Auction Company to issue user ID and
password to the above named official of the company.
5 Both Bank and the auction company shall contact the above named official for any
and all matters relating to the Reverse Auction.
6 We, hereby confirm that we will honor the Bids placed by Mr. __________ on behalf
of the company in the auction process, failing which EMD shall be forfeited/ we are
liable to be suspended from participation in any future tenders of the Bank for 2
years. We agree and understand that the bank may debar us from participating in
future tenders for any such failure on our part.
Page 96 of 119
RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
Exhibit –C
Place:
Date:
To,
Sir,
Subject: Agreement to the process related Terms and Conditions for the online Reverse
Auction for Request for Proposal (RFP) for Four Sets of Firewalls at DC, Mumbai & DR Site,
Bengaluru.
2. We have studied the Commercial Terms and the Business Rules governing the Reverse
Auction as mentioned in the RFP and confirm our agreement to them.
3. We confirm that Union Bank of India and Auction Service Provider shall not be liable
& responsible in any manner whatsoever for my/our failure to access & bid on the e-
auction platform due to loss of internet connectivity, electricity failure, virus attack,
problems with the PC, any other unforeseen circumstances etc before or during the
auction event.
4. We also confirm that we have a valid digital signature certificate issued by a valid
Certifying Authority.
5. We also confirm that we will mail the price confirmation & break up of our quoted
price as per Annexure G within 48 hours of the completion of the reverse auction.
6. We, hereby confirm that we will honour the bids placed by us during the auction
process.
Page 97 of 119
RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
Page 98 of 119
RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
INTEGRITY PACT
Whereas Union Bank of India having its registered office at Union Bank Bhavan, 239, Vidhan
Bhavan Marg, Nariman Point, Mumbai, India - 400 021 acting through its ………………
Department, represented by General Manager / Dy. General Manager hereinafter referred
to as the Buyer and the first party, proposes to procure (Name or category of the
Equipment, services, etc.) hereinafter referred to as Stores and / or Services.
And
M/s_____________________________ represented by_____________ Chief Executive
Officer, (which term, unless expressly indicated by the contract, shall be deemed to
include its successors and its assignee), hereinafter referred to as the bidder/seller and
the second party, is willing to offer/has offered the Stores and / or Services.
3. Preamble
Buyer has called for tenders under laid down organizational procedures intending to enter
into contract /s for supply / purchase / etc. of __________________ and the Bidder
/Seller is one amongst several bidders /Proprietary Vendor /Customer Nominated
Source/Licensor who has indicated a desire to bid/supply in such tendering process. The
Buyer values and takes primary responsibility for values full compliance with all relevant
laws of the land, rules, regulations, economic use of resources and of fairness /
transparency in its relations with its Bidder (s) and / or Seller(s).
In order to achieve these goals, the Buyer will appoint Independent External Monitor(s)
(IEM) in consultation with Central Vigilance Commission, who will monitor the tender
process and the execution of the contract for compliance with the principles mentioned
above.
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RFP for four sets of Firewalls at DC Mumbai & DR Site Bengaluru
4. 1 The Buyer commits itself to take all measures necessary to prevent corruption and
fraudulent practices and to observe the following principles: -
(ii) The Buyer will during the tender process treat all Bidder(s) /Seller(s) with
equity and reason. The Buyer will in particular, before and during the tender
process, provide to all Bidder (s) /Seller(s) the same information and will not
provide to any Bidders(s) /Seller(s) confidential /additional information
through which the Bidder(s) / Seller(s) could obtain an advantage in relation to
the process or the contract execution.
(iii) The Buyer will exclude from the process all known prejudiced persons.
4.2 If the Buyer obtains information on the conduct of any of its employees which is a
criminal offence under the Indian Legislation Prevention of Corruption Act 1988 as
amended from time to time or if there be a substantive suspicion in this regard, the Buyer
will inform to its Chief Vigilance Officer and in addition can initiate disciplinary action.
5.1 The Bidder(s)/ Seller(s) commit itself to take necessary measures to prevent
corruption. He commits himself to observe the following principles during his participation
in the tender process and during the contract execution.
(i) The Bidder(s) /Seller(s) will not directly or through any other persons or firm,
offer promise or give to any of the Buyer’s employees involved in the tender
process or the execution of the contract or to any third person any material or
other benefit which he / she is not legally entitled to, in order to obtain in
exchange any advantage during the tendering or qualification process or during
the execution of the contract.
(ii) The Bidder(s) /Seller(s) will not enter with other Bidders / Sellers into any
undisclosed agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
(iii) The bidder(s) /Seller(s) will not commit any offence under the Indian
legislation, Prevention of Corruption Act, 1988 as amended from time to time.
Further, the Bidder(s) /Seller(s) will not use improperly, for purposes of
competition or personal gain, or pass on to others, any information or
document provided by the Buyer as part of the business relationship, regarding
plans, technical proposals and business details, including information
constrained or transmitted electronically.
(iv) The Bidder(s) /Seller(s) shall ensure compliance of the provisions of this
Integrity Pact by its sub-supplier(s) / sub-contractor(s), if any, Further, the
Bidder /Seller shall be held responsible for any violation/breach of the
provisions by its sub-supplier(s) /Sub-contractor(s).
5.2 The Bidder(s) /Seller(s) shall ensure compliance of the provisions of this Integrity Pact
by its sub-supplier(s) / sub-contractor(s), if any, Further, the Bidder /Seller shall be held
responsible for any violation /breach of the provisions by its sub-supplier(s) /sub-
contractor(s).
5.3 The Bidder(s) /Seller(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
The Bidder /Seller confirms and declares to the Buyer that the bidder/Seller is the original
manufacturer/authorized distributor / stockiest of original manufacturer or Govt.
Sponsored /Designated Export Agencies (applicable in case of countries where domestic
laws do not permit direct export by OEMS of the stores and /or Services referred to in this
tender / Offer / contract / Purchase Order and has not engaged any individual or firm,
whether Indian or Foreign whatsoever, to intercede, facilitate or in any way to recommend
to Buyer or any of its functionaries, whether officially or unofficially, to the award of the
tender / contract / Purchase order to the Seller/Bidder; nor has any amount been paid,
promised or intended to be paid to any such individual or firm in respect of any such
intercession, facilitation or recommendation. The Seller / Bidder agrees that if it is
established at any time to the satisfaction of the Buyer that the present declaration is in
anyway incorrect or if at a later stage it is discovered by the Buyer that the Seller incorrect
or if at a later stage it is discovered by the Buyer that the Seller/Bidder has engaged any
such individual /firm, and paid or intended to pay any amount, gift, reward, fees,
commission or consideration to such person, party, firm or institution, whether before or
after the signing of this contract /Purchase order, the Seller /Bidder will be liable to
refund that amount to the Buyer. The Seller will also be debarred from participating in
any RFP / Tender for new projects / program with Buyer for a minimum period of five
years. The Buyer will also have a right to consider cancellation of the Contract / Purchase
order either wholly or in part, without any entitlement of compensation to the Seller
/Bidder who shall in such event be liable to refund agents / agency commission payments
to the buyer made by the Seller /Bidder along with interest at the rate of 2% per annum
above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and Base Rate of SBI
(State Bank of India) plus 2% (for Indian vendors). The Buyer will also have the right to
recover any such amount from any contracts / Purchase order concluded earlier or later
with Buyer.
6. Previous Transgression
6.1 The Bidder /Seller declares that no previous transgressions have occurred in the last
three years from the date of signing of this Integrity Pact with any other company in any
country conforming to the anti-corruption approach or with any other Public Sector
Enterprise in India that could justify Bidder’s /Seller’s exclusion from the tender process.
6.2 If the Bidder /Seller makes incorrect statement on this subject, Bidder /Seller can be
disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason without any liability whatsoever on the Buyer.
Bidders /Sellers are also advised to have a company code of conduct (clearly rejecting the
use of bribes and other unethical behavior) and a compliance program for the
implementation of the code of conduct throughout the company.
8.1 If the Bidder(s) /Seller(s), before award or during execution has committed a
transgression through a violation of Clause 5, above or in any other form such as to put his
reliability or credibility in question, the Buyer is entitled to disqualify the Bidder(s) /Seller
(s) from the tender process or act as per the procedure mentioned herein below:
(i) To disqualify the Bidder /Seller with the tender process and exclusion from
future contracts.
(ii) To debar the Bidder /Seller from entering into any bid from Buyer for a period
of two years.
(iii) To immediately cancel the contract, if already signed /awarded without any
liability on the Buyer to compensate the Bidder /Seller for damages, if any.
Subject to Clause 5, any lawful payment due to the Bidder/Seller for supplies
effected till date of termination would be made in normal course.
(iv) To encash Advance Bank Guarantees / Performance Bonds / Warranty Bonds,
etc. which may have been furnished by the Bidder /Seller to the extent of the
undelivered Stores and / or Services.
9.2 If the Buyer has terminated the contract according to Clause 8, or if the Buyer is
entitled to terminate the contract according to Clause 8, the Buyer shall be entitled to
encash the advance bank guarantee and performance bond / warranty bond, if furnished
by the Bidder / Seller, in order to recover the payments, already made by the Buyer for
undelivered Stores and / or Services.
The Bidder undertakes that it has not supplied /is not supplying same or similar
product/systems or subsystems at a price lower than that offered in the present Bid in
respect of any other Ministry /Department of the Government of India or PSUs during the
currency of the contract and if it is found at any stage that same or similar product
/Systems or Subsystems was supplied by the Bidder to any other Ministry /Department of
the Government of India or a PSU or any Public Sector Bank at a lower price during the
currency of the contract, then that very price will be applicable to the present case and
the difference in the cost would be refunded by the Bidder to the Buyer, if the contract
has already been concluded”.
11.3 The Bidder(s) / Seller(s) if they deem it necessary, may furnish any information as
relevant to their bid to the Independent External Monitors.
11.4 If any complaint with regard to violation of the IP is received by the buyer in a
procurement case, the buyer shall refer the complaint to the Independent External
Monitors for their comments / enquiry.
11.5 If the Independent External Monitors need to peruse the records of the buyer in
connection with the complaint sent to them by the buyer, the buyer shall make
arrangement for such perusal of records by the independent External Monitors.
11.6 The report of enquiry, if any, made by the Independent External Monitors shall be
submitted to MD & CEO, Union Bank of India, Union Bank Bhavan, VidhanBhavanMarg,
Nariman Point, Mumbai -21 within 2 weeks, for a final and appropriate decision in the
matter keeping in view the provision of this Integrity Pact.
This Integrity Pact is subject to Indian Laws, and exclusive Jurisdiction of Courts at
Mumbai, India.
The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provision of the extant law in force relating to any
civil or criminal proceedings.
14.1 This Integrity Pact begins when both parties have legally signed it. It expires
for the successful Bidder / Seller 10 months after the last payment under the contract,
and for all other Bidders / Sellers within 6 months form date of placement of order /
finalization of contract.
14.2 If any claim is made/ lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this Integrity Pact as specified above, unless
it is discharged / determined by MD & CEO, Union Bank of India.
14.3 Should one or several provisions of this Integrity Pact turn out to be invalid, the
reminder of this Integrity Pact remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
15 Other Provisions
15.1 Changes and supplements need to be made in writing. Side agreements have not
been made.
15.2 The Bidders (s)/ Sellers (s) signing this IP shall not initiate any Legal action or
approach any court of law during the examination of any allegations/complaint by IEM
and until the IEM delivers its report.
15.3 In view of nature of this Integrity Pact, this Integrity Pact shall not be terminated
by any party and will subsist throughout its stated period.
15.4 Nothing contained in this Integrity Pact shall be deemed to assure the bidder / Seller
of any success or otherwise in the tendering process.
16. This Integrity Pact is signed with Union Bank of India exclusively and hence shall not
be treated as precedence for signing of IP with MoD or any other Organization.
17. The Parties here by sign this Integrity Pact at________________on ________________
(Seller/Bidder) and ___________on __________ (Buyer)
Date: Date:
Stamp: Stamp:
Witness Witness
1. ______________________ 1. ____________________
2.______________________ 2. ______________________
______________________ ______________________
(*) – Authorized signatory of the company who has also signed and submitted
the main bid.
(Bidder has to submit Undertaking on company letter head as per format given below).
2. We undertake and agree to save defend and keep harmless and indemnified the Bank
against all loss, cost, damages, claim penalties expenses, legal liability because of non
compliance of KYE and of misconduct of the employee deployed by us to the Bank.
(This Certificate should be submitted on the letterhead of the bidder as well as the OEM /
Manufacturer duly signed by an authorized signatory)
Date:
To,
The General Manager,
Union Bank of India,
5th floor, Technology Centre,
1/1A, Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai‐400072.
Dear Sir,
Yours faithfully,
Authorized Signatory
Name:
Designation:
Vendor’s Corporate Name
Address
Email and Phone #
Place:
Date:
To,
The General Manager,
Union Bank of India,
5th floor, Technology Centre,
1/1A, Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai‐400072.
Sir,
Subject: Request for Proposal (RFP) for Four Sets of Firewalls at DC, Mumbai & DR Site,
Bengaluru.
We hereby undertake that the proposed solution / software to be supplied will be free of
malware, free of any obvious bugs and free of any covert channels in the code (of the version
of the application being delivered as well as any subsequent versions/modifications done)
Yours faithfully,
Authorized Signatory
Name:
Designation:
Vendor’s Corporate Name
Address
Email and Phone #
To Date:
Union Bank of India,
Department of Information Technology,
1/1A, Adi Shankaracharya Marg, JVLR,
Opp. Powai Lake Powai, Andheri East,
Mumbai 400072.
Dear Sirs,
With reference to the Computer Hardware being supplied / quoted to you vide our invoice no. /
quotation no. / order no. cited above-------
We also undertake that in respect of licensed operating system if asked for by you in the purchase
order, the same shall be supplied along with the authorized license certificate (e.g. Product Keys on
Certification of Authenticity in case of Microsoft Windows Operating System) and also that it shall be
sourced from the authorized source (e.g. Authorized Microsoft Channel in case of Microsoft Operating
System).
Should you require, we hereby undertake to produce the certificate from our OEM supplier in support
of above undertaking at the time of delivery / installation. It will be our responsibility to produce
such letters from our OEM Supplier’s at the time of delivery or within a reasonable time.
In case of default and we are unable to comply with above at the time of delivery or during installation
for IT Hardware / Software already billed, we agree to take back the Computer Hardware without
demur, if already supplied and return the money if any paid to us by you in this regard.
(system OEM name) also take full responsibility of both Parts & Service SLA as per the content even
if there is any defect by our authorized Service Centre / Reseller / SI etc.
Authorized Signatory
Name:
Designation:
(Certificate from the statutory auditor or cost auditor of the company (in case of
companies) or from a practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies) giving the percentage of local content, on
their letter head with Registration Number with seal.)
Date:
To,
The General Manager,
Union Bank of India,
5th floor, Technology Centre,
1/1A, Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai‐400072.
Dear Sir,
1. This is to certify that proposed ______________ <product details> is having the local
content of ___________ % as defined in the above-mentioned RFP.
Bidder OEM
We have checked the books of the accounts of the company and certify that the above
information is true and correct.
Signature
Firm
Name Seal
Reg.No
VID No.
To
Union Bank of India
Department of Information Technology,
1/1A, Technology Centre,
Adi Shankaracharya Marg,
Powai, Andheri (East),
Mumbai-400072
Dear Sir,
Subject: Request for Proposal (RFP) for Four Sets of Firewalls at DC, Mumbai & DR
Site, Bengaluru
Yours faithfully,
Date: For _________________________
Signature ____________________
Name _______________________
Authorized Signatories
(Name & Designation, seal of the firm)
Date:
To
Union Bank of India,
Department of Information Technology,
1/1A, Adi Shankaracharya Marg, JVLR,
Opp. Powai Lake (Andheri East),
Powai (Andheri East), Mumbai 400072.
Dear Sir,
Whereas the ‘Bidder’ has submitted the proposal in response to RFP, we, the ____________
Bank having our head office ________________ hereby irrevocably guarantee an amount of
Rs.18,00,000.00 (Rupees Eighteen Lac Only) as bid security as required to be submitted by
the ‘Bidder’ as a condition for participation in the said process of RFP.
The Bid security for which this guarantee is given is liable to be enforced/ invoked:
We undertake to pay immediately on demand, to Union Bank of India, the said amount of
Rs.18,00,000.00 (Rupees Eighteen Lac Only) without any reservation, protest, demur, or
recourse. The said guarantee is liable to be invoked/ enforced on the happening of the
contingencies as mentioned above and also in the RFP document and we shall pay the amount
on any Demand made by Union Bank of India which shall be conclusive and binding on us
irrespective of any dispute or difference raised by the Bidder.
1) Our liability under this Bank guarantee shall not exceed Rs.18,00,000.00 (Rupees
Eighteen Lac Only).
In witness whereof the Bank, through the authorized officer has sets its hand and stamp on
this _______________ day of __________________ at _________________.
Signature ……………………………………
Name …………………………………………
(In Block letters)
Designation …………………………………
(Staff Code No.) …………………………….
Official address:
(Bank’s Common Seal)
Attorney as per power of Attorney No.
Date:
WITNESS:
Bidders have to provide their queries on eligibility criteria, scope of work, terms &
conditions etc. in excel format as mentioned below. Bidders are requested to categorize
their queries under appropriate headings. Bidders are requested to provide a reference of
the page number, state the clarification point and the queries/suggestion/deviation that
they propose as shown below (all the queries will be entertained in this Microsoft Excel
format by e-mail):
Queries will not be accepted in any other format other than Microsoft Excel.
Place:
Date:
Signature:
Name & Designation:
Business Address:
To
Union Bank of India,
5th floor, Technology Centre, Union Bank of India,
Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai‐400072.
Dear Sir,
In consideration of Union Bank of India, 5th floor, Technology Centre, Adi Shankaracharya
Marg, Opp. Powai Lake, Powai, Andheri (East), Mumbai‐400072, placing an order for Request
for Proposal (RFP) for Four Sets of Firewalls at DC, Mumbai & DR Site, Bengaluru on
__________________ having registered office at _____________________ (hereinafter called
the vendor) as per the purchase contract entered into by the vendor vide purchase contract
no ____________ dated __________ (hereinafter called the said contract), we
________________( Name of the Guarantor Bank), a 'schedule bank', issuing this guarantee
through its branch at __________ presently located at
__________________________________________________________ (hereinafter called the
bank), do hereby irrevocably and unconditionally guarantee the due performance of the
vendor as to the ) for Request for Proposal (RFP) for Four Sets of Firewalls at DC, Mumbai
& DR Site, Bengaluru as per the said contract entered into by the vendor with you.
If the said vendor fails to implement or maintain the system or any part thereof as per the
contract and on or before the schedule dates mentioned therein, we _____________ (Name
of the Guarantor Bank), do hereby unconditionally and irrevocably agree to pay the amounts
due and payable under this guarantee without any demur and merely on demand in writing
from you during the currency stating that the amount claimed is due by way of failure on the
part of the vendor or loss or damage caused to or suffered / or would be caused to or suffered
by you by reason of any breach by the said vendor of any of the terms and conditions of the
said contract, in part or in full. Any such demand made on us shall be conclusive as regards
the amount due and payable under this guarantee.
We ______________( Name of the Guarantor Bank), further agree that this guarantee shall
continue to be valid will you unless you certify that the vendor has fully performed all the
terms and conditions of the said contract and accordingly discharge this guarantee, or until
______________ , whichever is earlier. Unless a claim or demand is made on us in writing
under this guarantee on or before ______________, we shall be discharged from all our
obligations under this guarantee. If you extend the schedule dates of performance under the
said contract, as per the terms of the said contract, the vendor shall get the validity period
of this guarantee extended suitably and we agree to extend the guarantee accordingly at
the request of the vendor and at our discretion, provided such request is served on the bank
on or before ______________.
Failure on part of the vendor in this respect shall be treated as a breach committed by the
vendor and accordingly the amount under this guarantee shall at once become payable on
the date of receipt of demand made by you for payment during the validity of this guarantee
or extension of the validity period.
You will have fullest liberty without affecting this guarantee to postpone for any time or
from time to time any of your rights or powers against the vendor and either to enforce or
forebear to enforce any or all of the terms and conditions of the said contract. We shall not
be released from our liability under this guarantee by the exercise of your liberty with
reference to matters aforesaid or by reason of any time being given to the vendor or any
other forbearance act or omission on your part or any indulgence by you to the vendor or by
any variation or modification of the said contract or any other act, matter or thing
whatsoever which under the law relating to sureties would but for the provisions hereof have
the effect of so releasing us from our liability hereunder.
In order to give full effect to the guarantee herein contained you shall be entitled to act as
if we are your principal debtors in respect of all your claims against the vendor hereby
guaranteed by us as aforesaid and we hereby expressly waive all our rights of surety ship and
other rights if any which are in any way inconsistent with the above or any other provision
of this guarantee.
The words the vendor, the beneficiary of this guarantees i.e. Yourself, and ourselves i.e.
__________________( Name of the Guarantor Bank), unless repugnant to the context or
otherwise shall include their assigns, successors, agents, legal representatives. This
guarantee shall not be effected by any change in the constitution of any of these parties and
will ensure for and be available to and enforceable by any absorbing or amalgamating or
reconstituted company or concern, in the event of your undergoing any such absorption,
amalgamation or reconstitution.
This guarantee shall not be revocable during its currency except with your prior consent in
writing. This guarantee is non-assignable and non-transferrable.
I) Our liability under this bank guarantee shall not exceed 3% of the TCO.
III) We are liable to pay the guaranteed amount or any part thereof under this bank
guarantee only if you serve upon us a written claim or demand (and which should be
received by us), on or before ____________ 12:00 hours (Indian standard time) where
after it ceases to be in effect in all respects whether or not the original bank
guarantee is returned to us.
This guarantee deed must be returned to us upon expiration of the period of guarantee.
Signature ……………………………………
Name …………………………………………
(In Block letters)
Designation …………………………………
(Staff Code No.)…………………………
Official address:
(Bank’s Common Seal)
Attorney as per power of Attorney No.
Date:
WITNESS:
Date:
The General Manager,
Union Bank of India,
Technology Centre,
1/1A, Adi Shankaracharya Marg, Opp. Powai Lake,
Powai, Andheri (East),
Mumbai‐400072.
We ____________ (Company Name) had participated in the Request for Proposal (RFP) for
Four Sets of Firewalls at DC, Mumbai & DR Site, Bengaluru and we are an unsuccessful
bidder.
Kindly refund the EMD submitted for participation. Details of EMD submitted are as follows
Drawn on
Sr. No. Bidder Name BG/DD Number Amount (Rs)
(Bank Name
Bank details to which the money needs to be credited via NEFT are as follows
Sign
Designation
Company Seal.