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Responses to the Queries: RFP SBI/GITC/MAB IT OPS/2017/2018/434
Sr. No Page no Clause No. RFP Clause Queries / Suggestions Bank Response
1 24 33 For breach of any obligation mentioned
in this RFP, subject to obligations
mentioned in this clause, in no event
Service Provider shall be liable for
damages to the Bank arising under or in
connection with this Agreement for an
amount exceeding the total Cost of the
Project. Service provider will ensure
Bank’s data confidentiality and shall be
responsible for liability arising in case of
breach of any kind of security and/or
leakage of confidential customer/Bank’s
related information to the extent of loss
so caused.
For breach of any obligation mentioned
in this RFP, subject to obligations
mentioned in this clause, in no event
Service Provider shall be liable for
damages to the Bank arising under or in
connection with this Agreement for an
amount exceeding the annual cost of the
Project. Service provider will ensure
Bank’s data confidentiality and shall be
responsible for liability arising in case of
breach of any kind of security and/or
leakage of confidential customer/Bank’s
related information to the extent of loss
so caused.
As per RFP
2 32 45 The Bank, by written notice of not less
than 90 (ninety) days sent to the Vendor,
may terminate the Contract, in whole or
in part, at any time for its convenience.
The notice of termination shall specify
that termination is for the Bank’s
convenience, the extent to which
performance of the Vendor under the
Contract is terminated, and the date upon
which such termination becomes
effective.
We request the Bank to only allow
termination in case of default and shall
not happen on convenience.
As per RFP
Page 2 of 24
3 36 16 Liquidated damages -15% of the
previous month’s bill. This would be in
addition to other penalties detailed
elsewhere.
We request the Bank to limit Liquidated
damages to 5% of the previous month’s
bill.
As per RFP
4 73 5.3 Forfeiture of Performance Bond in case
of decision by the Buyer to forfeit the
same without assigning any reason for
imposing sanction for violation of this
Pact
we request Bank to kindly amended the
clause within Integrity pact to ensure due
process is followed and opportunity of
being heard is given.
As per RFP
5 76 9 Buyer or its agencies shall be entitled to
examine all the documents including the
Books of Accounts of the Bidder
We request Audit to be restricted to
project related documentation
It would be restricted to
documentation / books
related to this project
only
6 48 "Standard
Services-(a)" of
Responsibilities of
service providers
of Scope of
Work(Annexure-
E)
a) Supply of exclusive data services SIM
cards on receipt of purchase order from
the Bank. The SIMs will be delivered at
place(s) / location(s) as agreed upon.
Whether The SIMs will be delivered at
central Mumbai location or at actual POS
installation location.
Kindly clarify.
They will be delivered
at hubs and sub hubs of
our service providers
and not POS
installation location
7 48 "Standard
Services-(d)" of
Responsibilities of
service providers
of Scope of
Work(Annexure-
E)
d) To ensure that the SIMs supplied to the
Bank under this procurement do not
support normal SMS, voice calls,
international roaming and other internet
services (other than what they are
intended for).
Whether the white listing may be done at
your equipment and which applications
will be accessed from POS.
Kindly clarify.
It will be Bidder's
responsibility
Page 3 of 24
8 48 "Standard
Services-(e)" of
Responsibilities of
service providers
of Scope of
Work(Annexure-
E)
e) Development / Establishment of
Interface between telecom hub / data
centre and Bank’s service provider’s hub
/ data centre and vice versa
Whether P2P/MPLS-VPN/ILL
connectivity will be required at your
HUB location and share the addresses of
HUB/DC to check the feasibility.
MPLS-VPN
connectivity will be
required from bidder's
hub to bank's partner
DC. The addresses of
the DC are as under
(they may change in
future) 1. Worldline
India Pvt. Ltd.
(Primary
Datacenter),C/o GPX
India Pvt. Ltd, Unit
A001,
Boomerang,Chandivali
Farm Road, Near
Chandivali
Studio,Andheri (East),
Mumbai - 400072,
Maharashtra, INDIA.
2. Worldline India Pvt.
Ltd. (DR Site
Datacenter),C/o Nxtra
Data Ltd, Plot No. 111
& 112, Road No.
07,Phase-1,
Whitefield, Bengaluru
- 560066, Karnataka,
INDIA 3. Hitachi
Payments PVT LTD,
Server Hall No.1, IDC-
4,Near Gate No. 01,
DAKC,
Page 4 of 24
Koparkhairne,Opp.
Koparkhairne Railway
Station,Navi Mumbai –
400709 (Maharashtra)
4. Hitachi payments ,
Sify Technologies
Limited, II Floor, Tidel
Park, No.4, Canal
Bank Road, Taramani,
Chennai - 600 113.
9 48 "Standard
Services-(f)" of
Responsibilities of
service providers
of Scope of
Work(Annexure-
E)
f) Availability of required speed in the
network so that transactions do not get
timed out at terminal level.
It is requested to share the minimum
required speed.
Bidder to ensure the
required network speed
so that transactions at
our terminals do not get
timed out.
10 42 Sr. No.3 of
Bidder’s
Eligibility Criteria
(Annexure-B)
3. The Bidder should have profit before
Depriciation, Intreset and taxes ( PBDIT)
in at least 03 out of last 04 financial years
( FY 2012-13 to 2015-16).
It is requested to exempted this clause for
BSNL as of being 100% Govt. owned
PSU.
As per RFP
Page 5 of 24
11 42 Sr. No.4 of
Bidder’s
Eligibility Criteria
(Annexure-B)
4. Bidder should have experience of at
least 06 months in providing the Services
to at least one scheduled commercial
bank / entity engaged in Merchant
Acquiring Business in India and total
numbers of SIMs managed for Merchant
Acquiring Services should be in excess
of 10000 (Ten Thousand) in India.
It is requested to exempted this clause for
BSNL as of being 100% Govt. owned
PSU.
These type of services has been provided
to one of our customer who is further
extending this services with/without POS
machines to multiple customers.
Hence, experience certificate for 450
total SIM connections may be considered
for more than 06 months to multiple
customers.
Kindly confirm.
As per RFP
12 43 Sr. No.5 of
Bidder’s
Eligibility Criteria
(Annexure-B)
5. Client references and contact details
(email/ landline/ mobile)of customers for
whom the Bidder has executed similar
projects.(Start and End Date of the
Project to be mentioned) in the past (At
least 02 client references are required)
One client reference can be submitted.
Kindly consider for BSNL as of being
100% Govt. owned PSU.
As per RFP
13 43 Sr. No.6 of
Bidder’s
Eligibility Criteria
(Annexure-B)
6. DR Arrangements & support
infrastructure.
Whether, it is regarding bidder's DR or
customer's and share the DR address.
Please clarify.
Bidders DR (Disaster
Recovery)
14 45 Sr. No.2 of
Technical &
Functional
Specifications
(Annexure-C)
2 Availability of necessary secured
network / dedicated lines / infrastructure
for onward transmission of the data
received from terminal from Bidder’s
hub to Bank’s partners (presently M/s
Atos Worldline and M/s Hitachi
Payments Services Pvt Ltd) hub / data
centre and vice versa. However, Bank
Please share the location addresses of
Bank’s partners (M/s Atos Worldline and
M/s Hitachi Payments Services Pvt Ltd)
hub / data centre.
1. Worldline India Pvt.
Ltd. (Primary
Datacenter),C/o GPX
India Pvt. Ltd, Unit
A001,
Boomerang,Chandivali
Farm Road, Near
Chandivali
Studio,Andheri (East),
Page 6 of 24
reserves its right to go in for new partners
in future)
Mumbai - 400072,
aharashtra, INDIA. 2.
Worldline India Pvt.
Ltd. (DR Site
Datacenter),C/o Nxtra
Data Ltd, Plot No. 111
& 112, Road No.
07,Phase-1,
Whitefield, Bengaluru
- 560066, Karnataka,
INDIA 3. Hitachi
Payments PVT LTD,
Server Hall No.1, IDC-
4,Near Gate No. 01,
DAKC,
Koparkhairne,Opp.
Koparkhairne Railway
Station,Navi Mumbai –
400709 (Maharashtra)
4. Hitachi payments ,
Sify Technologies
Limited, II Floor, Tidel
Park, No.4, Canal
Bank Road, Taramani,
Chennai - 600 113
15 46 Sr. No.4 of
Technical &
Functional
Specifications
(Annexure-C)
5 Availability of tested DR setup Kindly elaborate. Bidder should have a
tested DR as standby to
main site.
16 Payment terms Kindly confirm the payment cycle. Monthly
Page 7 of 24
17 Technical If the solution provided via VPN network
then the authentication of SIMs will be
based on UserName & Password. Kindly
confirm such type of feature in your POS
machine.
IP, Port & APN of the
SIM provider are
configured in the POS
terminal. User Name &
Passwords are
maintained at SIM
provider end.
18 Technical Whether the separate APN is required for
Bank's POS connectivity.
APN with MPLS
connectivity would be
required.
19 9 Sr. No. 9-(i) of
Earnest Money
Deposit
The Bidder shall furnish EMD for the
amount and validity period mentioned in
Part II of this document.
Kindly exempt to submit the EMD of
amount Rs.10,00,000/- (Rs Ten Lacs
Only) for BSNL as of being 100% Govt.
owned PSU.
As per RFP
20 36 Sr. No.6 of
SCHEDULE OF
EVENTS
Last date and time for Bid submission -
15:00 hrs (time) on 16/11/2017.
Kindly extended the bid submission date
by 4 weeks i.e. 14-12-2017.
Refer corrigendum
21 49 "Sr. No. 2-j0
Responsibilities of
service providers"
of Scope of
Work(Annexure-
E)
Ensure adequacy of Bandwidth and
provision for appropriate scalability of
switching services.
Whether the router/switch/hardware will
also be required to be provided by
bidders at your HUB/DC locations.
Yes
Page 8 of 24
22 51 "Sr. No. 9 -
Compliance with
Bank's IS Security
policy" of Scope
of
Work(Annexure-
E)
a) Responsibilities for data and
application privacy and confidentiality
b) Responsibilities on system and
software access control and
administration
c) Custodial responsibilities for data,
software, hardware and other assets of
the Bank being managed by or assigned
to the Vendor
d) Physical Security of the facilities
e) Physical and logical separation from
other customers of the Vendor
f) Incident response and reporting
procedures
g) Password Policy of the Bank
h) Data Encryption/Protection
requirement of the Bank
These points related to Bank's IS
Security policy.
These relates to
Bidders as well
23 37 EMD amount EMD Can we resubmit the EMD submitted
during the last scrapped RFP as there is
not much timeline gap.
In case of Demand
draft / Banker's
Cheque, the instrument
should be valid for at
least 25 days from the
date of bid submission.
In case of Bank
Guarantee, It should be
valid for a period of
180 days.
24 77 Common seal Common seal for integrity pact We request you to relax the common seal
in the integrity pact.
As per RFP
Page 9 of 24
25 19 and
20
21 AND 22 No Waiver of Bank Rights or Successful
Bidder's Liability And Contract
Amendments
It is suggested that any alterations made
by the Bank in the Scope of Work shall
be deemed acceptable to the extent such
alteration does not invoke unreasonable
costs that render the Bidder to fulfil the
obligations to a nullity or is beyond the
capacity of the bidder where such
capacity is due to Licenses and
permissions granted to bidder restricted
and regulated by Governmental
Agencies. In case of such unreasonable
alterations, the bidder shall not
indemnify the Bank or be liable for
damages for payment of any amount.
It is also suggested that any modification
in the contract document shall be in
writing with mutual consent of both
parties and Bank alone cannot have this
right alone by itself. Such amendment
shall be after due negotiation between the
parties to be recorded in writing and
made part of the contract.
As per RFP
Page 10 of 24
26 20 24 Performance Bank Guarantee Please clarify on the sub clause (ii) of
Performance Bank Guarantee where SBI
imposes a right to invoke the PBG upon
any imposition of Liquidated Damages
resulting from the supplier’s act under
this RFP.
This position is unacceptable to us.
Liquidated damages shall not be
acceptable since there has to be
preventive mechanism to determine the
loss of time between the parties towards
delivery and any such loss should be
documented with a prior notice to be
given by the Bank to the successful
bidder and a reasonable opportunity be
granted to rectify such delay and catch up
with the lost time. Any such attributable
delay in delivery on account of
successful bidder shall also be met with
service credits to Bank post any non-
fulfilment of rectification of delay
As per RFP
27 21 AND
61
27, Annexure-I
1.Switching services downtime
attributable to vendor (scheduled
downtimes during off peak hours
permitted by Bank would be excluded)
SLA Measure- In Minutes
Penalty- No penalties for the first 30
minutes (entire month put together), Rs
500/- per minute for next thirty minutes
and post that, Rs 1000/- per minute. e.g:
if the network remains down for 70
We understand that time is of the essence
and it shall verily be vital for the
completion of work by Bidder.
Penalty at the given rate shall not be
acceptable since there has to be
preventive mechanism to determine the
loss of time between the parties towards
delivery and any such loss should be
documented with a prior notice to be
given by Bank to the successful bidder
and a reasonable opportunity be granted
As per RFP
Page 11 of 24
minutes in a month on 1, 2 or 3
occasions, the penalty would be as under:
first 30 minutes: nil 31-60 minutes:
500*30=15000 61-70 minutes:
1000*10=10000 Total penalty for this
particular month would be Rs. 25000/.
2.Delayed Activation
SLA Measure- Days
Penalty- Rs 10/- per SIM for each day
after the agreed TAT
3.Delayed Deactivation
SLA Measure- Hours/Days
Penalty- Rs 10 /- per hour after six hours
of receipt of such instruction along with
the actual amount lost due to the inaction.
to rectify such delay and catch up with
the lost time. Any such attributable delay
in delivery on account of successful
bidder shall also be met with service
credits to Bank post any non-fulfilment
of rectification of delay.
It is suggested that upon such default, the
SP should be given reasonable time to
remedy such failure/ delay post prior
notice for such delay/failure by the Bank
to the vedor. The penalty should be
imposed only after vendor fails to rectify
the default after to failing to remedy such
default.
Also the clause fails to address the
concern when the default is due to force
majeure event or for the reasons
attributable to The Bank. The SP cannot
be held liable for penalty in case the
default is due to force majeure event or
reasons attributable to Bank.
Page 12 of 24
28 22 AND
96
30 AND 13 Right to Audit
AND
Service Level Agreement: Inspection
and Audit[Annexure-M]
It is suggested that such inspection and
audit shall be conducted only during
normal business hours upon notice
specifying the day/date. Such audit or
inspection shall be conducted to the
extent of permissibility and non-
violation of Service Provider’s
applicable laws and regulations. Also, it
shall be incumbent to share the details of
such independent auditors before
allowing the latter to enter into the
service locations under the License
where the network architecture setup is
established by the Service Provider.
Ref corrigendum
29 23 AND
92
30 AND 13 Sub-Contracting
AND
Service Level Agreement: Sub
Contracting[Annexure-M]
Please note that allowing sub-contracting
by the Service Provider to its other group
entities shall facilitate better
provisioning of services to the Bank
therefor should be allowed with
minimum permissions.
As per RFP
30 24 33 Limitation of Liability It is suggested to have the maximum
Limit of Liability of the Service Provider
limited to a sum equal to 100% of the
aggregate value of all charges payable
under the Contract during a period of
preceding 12 months of the Contract. The
Service Provider shall not be liable for
any indirect or consequential damage or
loss.
As per RFP
Page 13 of 24
31 24 and
100
33(ii) AND 20 Limitation of Liability
AND
Service Level Agreement: Limitation of
Liability[Annexure-M]
Request inclusion of the following point:
Neither the Bank nor the Bidder shall be
liable for any indirect, consequential,
special, or exemplary losses or damages,
including but not limited to loss of
profits, loss of revenue, or loss of
savings, whether actual or anticipated.
As per RFP
32 24,
93
34,
AND 14
Confidentiality
AND
Security and Confidentiality[Annexure-
M: Service Level Agreement]
It is suggested to the Bank by the Bidder
that the provisions of Confidentiality be
subjected to certain exceptions such as:-
1. If the information becomes public
knowledge other than by material breach.
2. If the disclosed information is in the
possession of the receiving party without
restriction in relation to disclosure before
the date of receipt from the disclosing
Party.
3. If the information is received from a
third party who lawfully acquired it and
who is under no obligation restricting its
disclosure.
4. If the information is independently
developed without access to any
confidential information disclosed by the
disclosing party.
5. If such disclosure is required to be
made by any authority of competent
jurisdiction or by any Applicable Law,
provided that the Receiving Party.
As per RFP
Page 14 of 24
33 61 Annexure -I Annexure -I : Delay in Vendor's
Performance
It is suggested that prior imposition of
any penalty (mentioned under this RFP)
or liquidated damaged / invocation of
Performance Bank Guarantee and /or
Termination of Contract under this
provision by the Bank upon Service
Provider, such delay be duly notified to
the Bidder by the Bank beforehand and a
reasonable time period be given to cure
such delay/defect and such delay should
not be due to actions/reasons not
attributable to the Bidder or under control
of any uncontrollable event such as force
majeure. If the delay is attributable to the
Bidder, we instead propose to issue
service credits in lieu of penalty or
liquidated damages/invocation of PBG
and/or Termination of Contract.
Bank will inform prior
to deducting any
penalty.
34 26 38 Patent Rights/Intellectual Property
Rights
It is suggested that the provision of
providing indemnity against violation of
any third party claims for infringement of
intellectual property rights including
patent, trade mark, copyright, trade secret
or industrial design rights be made
mutual between the Vendor and the
Bank.
In case of any claims, suits or
proceedings arising out of infringement
of any domestic or foreign patent rights,
copyrights or other intellectual property,
proprietary rights OR third party claim
due to the use of services provided by the
as per RFP
Page 15 of 24
Service Provider or the use of license
both Bank and the Servic Provider shall
indemnify each other mutually to the
extent of the scope of each other’s
fulfilment of obligations under the
License Agreement and any causation
attributable to the indemnifying party
thus, for the services specifically
provided by the indemnifying party of
such claim, suit or proceedings or third
party claim.
In each case of such third party claim, the
indemnifying party shall provide all
necessary defense and / or to assistance
to the Indemnified Party in defending, at
the Indemnifying Party’s cost, such
claims or actions, either in a legal
proceeding or otherwise; provide and
assist each other with all relevant data
and information with regards to the said
causation of that third party claim.
35 27 and
61
39 AND 9 Liquidated Damages
AND
Annexure-I
We understand that time is of the essence
and it shall verily be vital for the
completion of work by Bidder.
Liquidated damages to the given rate (
2% of the total contract value per week
(or part thereof) maximum of 10%
of the total contract value) shall not be
acceptable since there has to be
preventive mechanism to determine the
loss of time between the parties towards
As per RFP
Page 16 of 24
delivery and any such loss should be
documented with a prior notice to be
given by Bank to the successful bidder
and a reasonable opportunity be granted
to rectify such delay and catch up with
the lost time. Any such attributable delay
in delivery on account of successful
bidder shall also be met with service
credits to Bank post any non-fulfilment
of rectification of delay.
The right to cancellation of contract shall
not be exercised arbitrarily by Bank and
a prior notice be given to successful
bidder intimating any such cancellation
and be subjected to mutual reconciliation
among the senior members of both
parties. Any matter post failure of such
reconciliation process shall be subject to
the dispute resolution process as agreed
between both parties.
We suggest that such right to termination
shall only be post Lock-In period as
agreed between the parties and;
It is suggested that post issuance of
notice of dissatisfaction during the
minimum lock in period, the Supplier
shall also be allowed to remedy the
defect within a reasonable time to end
such dissatisfaction. Any further amends
can be made after resume of service
levels with service credits to the Bank.
Page 17 of 24
36 30 AND
96
42
AND
16
Termination for Default
AND
Service Level Agreement:Termination
Clause
It is suggested that the contract be
terminated for only Material Breach by
either Vendor or the Bank with a prior
notice of such Material Breach and an
opportunity to cure that breach within a
reasonable time period by the defaulting
party.
As per RFP
37 30 40(i) to (vi) Termination for Default It is suggested that the additional services
provided by the Service Provider post
termination and during the transition
period shall come with a cost borne by
the Bank and any penalty or liquidated
damages sought shall not be in addition
to termination rights and shall be
negotiated with Service Credits proposed
by the Service Provider.
Also, the penalty induced from the
breach of the obligations by the Service
Provider shall not be set off or adjusted
against the Performance Bank Guarantee
or payment of invoices rather such
dispute claim be referred to the dispute
resolution process and the award of the
same shall be final and binding upon the
both the parties.
As per RFP
38 32 44 Termination for Insolvency It is suggested that provision of
termination for insolvency with a prior
written notice be made mutual between
both the Bank and the Service Provider.
As per RFP
Page 18 of 24
39 32 45 Termination for Convenience It is suggested that the provision of
termination for convenience be allowed
only with a provision of a lock-in period
and exit charges. Termination for
convenience within the lock-in period
shall levy exit charges payable by the
Bank to Service Provider in order to
compensate for the loss made by the
Service Provider on account of
investment under the Contract.
As per RFP
40 32 46 and 17 Disputes/Arbitration and Dispute
Redressal Mechanism & Governing Law
It is suggested that post settlement of
disputes between the parties amicably,
the parties shall resort to settlement in the
court of law against the procedure of
arbitration. This is so because after
pronouncement of arbitration award
there is scope of Appeal to the court in
the Indian Arbitration Act and it makes
the whole process more time consuming
and costly since, then the Lis gets
resolved finally by Court order.
It is suggested that the place of exclusive
jurisdiction for the court of law to settle
the dispute shall be of Mumbai, India.
As per RFP
41 88 6 Annexure-M
Service Level Agreement: General
Indemnity
It is suggested that the Service Provider
shall only indemnify Bank for all direct
damages in relation to the specific
obligations performed under the contract
by the Supplier.
Service Provider shall not be responsible
for any damage caused for obligations
As per RFP
Page 19 of 24
not performed or not responsible to be
performed by the Supplier under the
contract.
To the extent of causation of damages is
attributable to the Supplier due to his
gross negligence or omission or breach,
the defect thus caused, if capable of being
remedied, shall be remedied under a
reasonable time upon notifying to
Supplier for such causation by Bank.
Service Provider does not offer general
indemnities (however, we can offer IPR
indemnity and for breach of Applicable
law, confidentiality and personal injury.
And for deficiency of services Bidder
may offer Service Credits basis the SLA
to be agreed between the Parties.
The Supplier does not offer general
indemnities (however, we can offer IPR
indemnity and for breach of Applicable
law, confidentiality and personal injury.
And for deficiency of services the
Supplier may offer Service Credits basis
the SLA to be agreed between the Parties.
42 83 3.1 Fee/Compensation: Professional Fee Please provide more information on what
else shall be included under the
professional fee under point 3.1.2 and
3.1.3.
Bidder Business Team to take note of this
clause
As per RFP
Page 20 of 24
43 83 3.2 Fee/Compensation All duties and taxes (excluding GST,
service tax, VAT or other local taxes), if
any, which may be levied, shall be borne
by the Service Provider and Bank shall
not be liable for the same. All expenses,
stamp duty and other charges/ expenses
in connection with execution of this
Agreement shall be borne by Service
Provider.
Tax team to examine the clause and
confirm.
As per RFP
44 84 3.4 Payments It is suggested that the payments due
towards the Service Provider shall not be
set off or adjusted against the penalty
rather such dispute claim be referred to
the dispute resolution process and the
award of the same shall be final and
binding upon the both the parties.
Any levy of penalty shall be paid in lieu
with service credits as agreed between
the parties when the attribution of such
reasons for penalty includes the Service
Provider.
As per RFP
45 87 5.2 Additonal Representation and
Warranties by Service Provider
Kindly note that this clause is unilateral
in nature and does not safeguard the
interest of the Service Provider.
Therefore, it is suggested that this clause
should be made mutual between both the
parties.
As per RFP
Page 21 of 24
46 89 7 Contingency Plans Bidder Business to kindly take note that
the Service Provider shall have to arrange
and ensure proper Data Recovery
Mechanism, Attrition Plan and other
contingency plans to meet any
unexpected obstruction to the service
provider or any employees or sub-
contractors of the service provider in
rendering the Services or any part of the
same under this Agreement to the Bank.
The Service Provider at Banks discretion
shall co-operate with the Bank in case on
any contingency.
As per RFP
47 90 AND
119
8 Transition Plans AND Annexure-G:
Transition Plan
It is suggested that the additional services
provided by the Service Provider post
termination and during the transition
period shall come with a cost borne by
the Bank and any penalty or liquidated
damages sought shall not be in addition
to termination rights and shall be
negotiated with Service Credits proposed
by the Service Provider.
Also, the penalty induced from the
breach of the obligations by the Service
Provider shall not be set off or adjusted
against the payment of invoices rather
such dispute claim be referred to the
dispute resolution process and the award
of the same shall be final and binding
upon the both the parties.
It is suggested that the provision of
termination for convenience be allowed
As per RFP
Page 22 of 24
only with a provision of a lock-in period
and exit charges. Termination for
convenience within the lock-in period
shall levy exit charges payable by the
Bank to Service Provider in order to
compensate for the loss made by the
Service Provider on account of
investment under the Contract.
Transition Plan- Bidder Business Teams
to confirm the commercials involved in
the transition plan and their feasibility[
Transfer of Configuration Management
Database, Transfer of Assets, Transfer of
Software Licenses, Transfer of Software;
Transfer of Documentation, Transfer of
Service Management Process, Transfer
of Knowledge Base, Transfer of Service
Structure, Transfer of Data, Training
Services on Transfer, Transfer Support
Activities] within 6 (six) months prior to
expiry or within 2 (two) week of notice
of termination of Agreement.
Our suggestions involve with regard to
the notice period being short. The
Service Provider should be given
reasonable time and this should be
calculated basis mutual discussions
between both the Bank and Service
Provider to enable optimum results out
oif the transition plan. Any Additonal
costs and other numeric expenses should
be sorted out before completion of
Page 23 of 24
transition period with proper handover
mechanisms ogverning the ebtire
tranition plan. Hence it is suggested that
ebough room for negotiabiltiy should be
prsesent between the Bank and Service
Provider for any transiton Services.
48 96 15 Ownership It is suggested that the provision of
providing indemnity against violation of
any third party claims for infringement of
intellectual property rights including
patent, trade mark, copyright, trade secret
or industrial design rights be made
mutual between the Vendor and the
Bank.
As per RFP
49
37 Clause No 1
Tender Fee : Amount Rs.10,000/- (Rs
Ten Thousand only)
Non-refundable by means of a DD or
Bankers’ cheque payable at Mumbai in
favour of State Bank of India
Adjust the tender fee for an amount of Rs
10,000/- submitted earlier on 4th
Oct'2017 with the previous RFP
As per RFP
50
43 Clause No 10
Past/present litigations, disputes during
last 3 years, if any (Adverse litigations
could result in disqualification, at the
sole discretion of the Bank)
Brief details of litigations, disputes, if
any are to be given on Company’s letter
head.
Change in Clause Required Past/present litigations, disputes during
last 3 years, if any resulting from
subscriber based telecom services related
to contracts executed with any State Govt
Department.
As per RFP
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51
43 Clause No 9
There should not have been breaches in
the past from their systems / hardware
related to data services
Self-certification on letter head. Brief
report of any IS Audit done on the
infrastructure of the Bidder would be
added advantage.
Clarification Required Provide format for self-certification and
clarifies the details of what is required
from the bidder against this clause
Bidder to certify that
no breaches have
ocurred related to data
services on their letter
head.
52
53 Annexure-F Annexure-F -- Indicative Commercial
Bid
Commercials to be shared would be of
4G/3G/2G or the commercials of only 2G
plan required.
As per RFP
53
Eligibility condition
Entities which are not a telecom service
provider but act more as a procurement
agency / aggregator may be allowed to
participate. They would be like, single
source for SIMs of various telecom
service provider.
As per RFP